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HomeMy WebLinkAbout2006-10-03• t CITY OF w IDAHO �° h Fc E M"E� �. TRens�aE V nu�� 19u3 • CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, October 3, 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 -- V Joe Borton _ Charlie Rountree �_ Keith Bird --— Mayor Tammy de Weerd 2. Pledge of Allegiance: jk/kz 1.1;_C i 1i 3. Community Invocation by Pastor Gordon Slyter with Treasure Valley Worship Center: Iy,­Ie__,Ie_ mac. 4. Adoption of the Agenda: ag j-,, a vim. 5. Consent Agenda: A. Approve Minutes of September 12, 2006 Pre -Council Meeting: B. Tabled from September 26, 2006: Findings of Fact and Conclusions of Law for Approval: VAR 06-018 Request for a Variance for full access to Bienville Square from State Highway 55 (Eagle Road) for Bienville Sguare Subdivision by Red Cliff Development - 2539 North Eagle Road: 09��- C. Findings of Fact and Conclusions of Law for Approval: AZ 06- 013 Request for Annexation and Zoning of 21.77 acres from RUT to R-15 zone for Canterbury Commons Subdivision by America West Homes, LLC - south side of Pine Avenue and east of Ten Mile Road: i wc, Meridian City Council Meeting Agenda — October 3, 2006 Page 1 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. D. Findings of Fact and Conclusions of Law for Approval: PP 06- 011 Request for Preliminary Plat approval of 122 residential lots (50 4-plex lots and 72 townhouse lots) and 10 common lots on 21.77 acres in a proposed R-15 zone for Canterbury Commons Subdivision by America West Homes, LLC — south side of Pine Avenue and east of Ten Mile Road: 47rdr�r_c._ E. Findings of Fact and Conclusions of Law for Approval: CUP 06-006 Request for a Conditional Use Permit to construct a multi- family development consisting of 200 multi -family dwelling units (4- plexes) on 50 lots and 72 townhouse dwelling units on 21.77 acres in a proposed R-15 zone for Canterbury Commons Subdivision by America West Homes, LLC — south side of Pine Avenue and east of Ten Mile Road: A1117rY-ov,c. F. Findings of Fact and Conclusions of Law for Approval: 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: 4r7"YV Vl<- G. Findings of Fact and Conclusions of Law for Approval: PP 06- 038 Request for Preliminary Plat approval of 20 residential lots and 4 common lots on 4.38 acres in a proposed R-8 zone for Bellabrook Subdivision by JE Development, LLC — 300 South Locust Grove Road: 41wov-0— H. Findings of Fact and Conclusions of Law for Approval: 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:irov� I. Findings of Fact and Conclusions of Law for Approval: PP 06- 039 Request for Preliminary Plat approval of 27 single-family residential lots and 4 common lots on 10.94 acres in a proposed R- 4 zone for Bitterbrush Point Subdivision by Majestic, Inc. — east of Meridian Road and north of Victory Road: a op-rv,.-e_ J. Findings of Fact and Conclusions of Law for Approval: AZ 06- 037 Request for Annexation and Zoning of 4.85 acres from R-1 to C -G zone for Cope Subdivision by Ronald Van Auker — east of Meridian Road and north of Overland Road: a�v� K. Findings of Fact and Conclusions of Law for Approval: PP 06- 035 Request for Preliminary Plat approval of 4 commercial lots on Meridian City Council Meeting Agenda — October 3, 2006 Page 2 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • 4.31 acres in a proposed C -G zone for Cope Subdivision by Ronald Van Auker - east of Meridian Road and north of Overland Road: oqorvw v -t L. Development Agreement: AZ 06-009 Request for Annexation and Zoning of 19.57 acres from RUT to R-8 zone for Cedarcreek Subdivision by Centennial Development, LLC - 470 West McMillan Road: 47r'I- v -4- M. Business Associate Agreement with Ada County Emergency Medical Services regarding Blood Draw Agreement: N. Blood Draw Agreement with Ada County Emergency Medical Services: 4731h—,,,.- 0. Agreement for Professional Services for Polygraph Mentorship, Education and Training Services with Idaho Polygraph Association: �"` '0¢,®o6" &.R� P. Approve ICRMP Insurance Renewal with Joint Powers Subscriber Agreement: �n� oe /(, el v z f . ®= Q. Aareement for Professional Services with Civil Survey Consultants, Inc. for Construction Staking for Water and Sewer Improvements Associated with the ACHD Eagle Road, Victory to Ridenbaugh Canal Project: a ip" .c_ & /o,, 2,--v. °= R. License Aareement with Nampa Meridian Irrigation District for Windham Place: A,-pvw S. Resolution No. ®6 Destruction of Temporary Records - Old Finance Documents: T. Streetliaht Aareement for Kingsbridge Subdivision No. 1 by Kingsbridge Properties, LLC:-�y�,ro�,..�. U. Water Main Easement Aareement for Schumacher Building by VJ Joint Venture:i�'''�' V. Employee Benefits Client Service A-greement with Mercer Health & Benefits: 6. Department Reports Meridian City Council Meeting Agenda — October 3, 2006 Page 3 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. A. B. C. 0 Planning Department — Anna Canning LJ 1. Discussion of Possible Annexation and Sewer Connection into the City of Meridian at 1035 East Fairview Avenue by Kandy Sealy: A, Fire Department 1. Fire Safety Proclamation: Park's Department — Doug Strong 1. with C&A Paving Co.: M A73F�v-c- V97, Z7I, 2. Bud et Amendment for Heroes Park Construction: D. Mayor's Office .1271. 1. Resolution No. 4946-6-35- : Valley Regional Transit regarding Coalition for Public Transportation: d/ pyw- 2. Resolution No. D6 —✓C3 6 Board Appointment for Valley Ride Board ; A,1%Yv`-c- 3. Appointment of City Treasurer: J��cy E. Attorney / Human Resources I�oCr e3l 1. Budget Amendment:�,,,,/���s �' ¢ 0/2,od 2. ASCAP, BMI, and SESAC Music Licensing Agreements: 4r 540. �s6o. °� 7. Items Moved from Consent Agenda: 8. FP 06-043 Request for Final Plat approval for 19 single-family residential building lots and 5 common lots on 3.92 acres in an R-8 zone for Tapestry Subdivision by Raftis Tapestry, LLC — 635 and 675 South Linder Road: `zl 9. Public Hearing: AZ 06-030 Request for Annexation and Zoning of 8.03 acres to an R-8 zone for Northborouah Subdivision by Gemstar Development, LLC — north side of Ustick Road and east of Linder Road: Meridian City Council Meeting Agenda — October 3, 2006 Page 4 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 0 • 10. Public Hearing: PP 06-030 Request for Preliminary Plat approval of 35 residential lots and 4 common lots on 8.03 acres in a proposed R-8 zone for Northborough Subdivision by Gemstar Development, LLC — north side of Ustick Road and east of Linder Road: 17rVwv+-t 11. Public Hearing: AZ 06-035 Request for Annexation and Zoning of 12.06 acres to C -C (1.50 acres) and R-40 (10.56 acres) zones for Regency at River Valley by The Regency at River Valley, LLC — east of Eagle Road and north of Fairview Avenue:-,.zf,".e -,, -V cl,( , 12. Public Hearing: CUP 06-022 Request for a Conditional Use Permit approval to construct a multi -family development consisting of 204 multi- family dwelling units on 12.06 acres in a proposed R-40 zone for Regency at River Valley by The Regency at River Valley, LLC — east of Eagle Road and north of Fairview Avenue:-,r„�,,e,,� �1�� c%e ,,,. a4p�,.-aC 13. Public Hearing: VAR 06-014 Request for a Variance to UDC 11 -3C -6A to provide less than 2 covered parking stalls for each multi -family dwelling unit for Regency at River Valley by The Regency at River Valley, LLC — east of Eagle Road and north of Fairview Avenue: py�f o, . -,�C/jc *1 ale 14. Public Hearing: VAR 06-015 Request for a Variance to UDC 11- 4.3.27133 to provide less than 80 square feet of private, usable open space for each multi -dwelling unit Regency at River Valley by The Regency at River Valley, LLC — east of Eagle Road and north of Fairview Avenue: -1-/,4 e a -e Iur oa--i" 15. Public Hearing: VAR 06-016 Request for a Variance to UDC 11-31-1-4132 to construct a vehicular access to a state highway at a location other than a section line road or the half mile mark between sections Regency at River Valley by The Regency at River Valley, LLC — east of Eagle Road and north of Fairview Avenue: /vncpa,..e ¢ ae Apr 16. Ordinance No. f i—/2_6`6AZ 06-009 Request for Annexation and Zoning of 19.57 acres from RUT to R-8 zone for Cedarcreek Subdivision by Centennial Development, LLC — 470 West McMillan Road: a712"v.e- 17. 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) and (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 3, 2006 Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Please Pcr�Pcr PuUie CITY OF, �r IDAHO CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, October 3, 2006 at 7:00 p.m. "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter." 1. Roll -call Attendance: Shaun Wardle Joe Borton Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Gordon Slyter with Treasure Valley Worship Center: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of September 12, 2006 Pre -Council Meeting: B. Tabled from September 26, 2006: Findings of Fact and Conclusions of Law for Approval: VAR 06-018 Request for a Variance for full access to Bienville Square from State Highway 55 (Eagle Road) for Bienville Square Subdivision by Red Cliff Development — 2539 North Eagle Road: C. Findings of Fact and Conclusions of Law for Approval: AZ 06- 013 Request for Annexation and Zoning of 21.77 acres from RUT to R-15 zone for Canterbury Commons Subdivision by America West Homes, LLC — south side of Pine Avenue and east of Ten Mile Road: Meridian City Council Meeting Agenda — October 3, 2006 Page 1 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. D. Findings of Fact and Conclusions of Law for Approval: PP 06- 011 Request for Preliminary Plat approval of 122 residential lots (50 4-plex lots and 72 townhouse lots) and 10 common lots on 21.77 acres in a proposed R-15 zone for Canterbury Commons Subdivision by America West Homes, LLC — south side of Pine Avenue and east of Ten Mile Road: E. Findings of Fact and Conclusions of Law for Approval: CUP 06-006 Request for a Conditional Use Permit to construct a multi- family development consisting of 200 multi -family dwelling units (4- plexes) on 50 lots and 72 townhouse dwelling units on 21.77 acres in a proposed R-15 zone for Canterbury Commons Subdivision by America West Homes, LLC — south side of Pine Avenue and east of Ten Mile Road: F. Findings of Fact and Conclusions of Law for Approval: 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: G. Findings of Fact and Conclusions of Law for Approval: PP 06- 038 Request for Preliminary Plat approval of 20 residential lots and 4 common lots on 4.38 acres in a proposed R-8 zone for Bellabrook Subdivision by JE Development, LLC — 300 South Locust Grove Road: H. Findings of Fact and Conclusions of Law for Approval: 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: Findings of Fact and Conclusions of Law for Approval: PP 06- 039 Request for Preliminary Plat approval of 27 single-family residential lots and 4 common lots on 10.94 acres in a proposed R- 4 zone for Bitterbrush Point Subdivision by Majestic, Inc. — east of Meridian Road and north of Victory Road: J. Findings of Fact and Conclusions of Law for Approval: AZ 06- 037 Request for Annexation and Zoning of 4.85 acres from R-1 to C -G zone for Cope Subdivision by Ronald Van Auker — east of Meridian Road and north of Overland Road: K. Findings of Fact and Conclusions of Law for Approval: PP 06- 035 Request for Preliminary Plat approval of 4 commercial lots on Meridian City Council Meeting Agenda — October 3, 2006 Page 2 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 4.31 acres in a proposed C -G zone for Cope Subdivision by Ronald Van Auker — east of Meridian Road and north of Overland Road: L. Development Agreement: AZ 06-009 Request for Annexation and Zoning of 19.57 acres from RUT to R-8 zone for Cedarcreek Subdivision by Centennial Development, LLC — 470 West McMillan Road: M. Business Associate Agreement with Ada County Emergencv Medical Services regarding Blood Draw Agreement: N. Blood Draw Agreement with Ada County Emergency Medical Services: O. Agreement for Professional Services for Polygraph Mentorship, Education and Training Services with Idaho Polygraph Association: P. Approve ICRMP Insurance Renewal with Joint Powers Subscriber Agreement: Q. Aureement for Professional Services with Civil Survey Consultants. Inc. for Construction Staking for Water and Sewer Improvements Associated with the ACHD Eagle Road, Victory to Ridenbaugh Canal Project: R. License Agreement with Nampa Meridian Irrigation District for Windham Place: S. Resolution No. Destruction of Temporary Records — Old Finance Documents: T. Streetliuht Agreement for Kingsbridge Subdivision No 1 by Kingsbridge Properties, LLC: U. Water Main Easement Agreement for Schumacher Building by VJ Joint Venture: V. Employee Benefits Client Service Agreement with Mercer Health & Benefits: 6. Department Reports Meridian City Council Meeting Agenda — October 3, 2006 Page 3 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. A. Planning Department — Anna Canning 1. Discussion of Possible Annexation and Sewer Connection into the City of Meridian at 1035 East Fairview Avenue by Kandy Sealy: B. Fire Department 1. Fire Safety Proclamation: C. Park's Department — Doug Strong 1. Change Orders No. 5 & 6 for Heroes Park Construction with C&A Pavina Co.: 2. Budget Amendment for Heroes Park Construction: D. Mayor's Office 1. Resolution No. : Valley Regional Transit regarding Coalition for Public Transportation: 2. Resolution No. Board Appointment for Valley Ride Board 3. Appointment of City Treasurer: E. Attorney / Human Resources 1. Budget Amendment: 2. ASCAP, BMI, and SESAC Music Licensing Agreements: 7. Items Moved from Consent Agenda: 8. FP 06-043 Request for Final Plat approval for 19 single-family residential building lots and 5 common lots on 3.92 acres in an R-8 zone for Tapestry Subdivision by Raftis Tapestry, LLC — 635 and 675 South Linder Road: 9. Public Hearing: AZ 06-030 Request for Annexation and Zoning of 8.03 acres to an R-8 zone for Northborough Subdivision by Gemstar Development, LLC — north side of Ustick Road and east of Linder Road: Meridian City Council Meeting Agenda — October 3, 2006 Page 4 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 10. Public Hearing: PP 06-030 Request for Preliminary Plat approval of 35 residential lots and 4 common lots on 8.03 acres in a proposed R-8 zone for Northborough Subdivision by Gemstar Development, LLC — north side of Ustick Road and east of Linder Road: 11. Public Hearing: AZ 06-035 Request for Annexation and Zoning of 12.06 acres to C -C (1.50 acres) and R-40 (10.56 acres) zones for Regency at River Valley by The Regency at River Valley, LLC — east of Eagle Road and north of Fairview Avenue: 12. Public Hearing: CUP 06-022 Request for a Conditional Use Permit approval to construct a multi -family development consisting of 204 multi- family dwelling units on 12.06 acres in a proposed R-40 zone for Regency at River Valley by The Regency at River Valley, LLC — east of Eagle Road and north of Fairview Avenue: 13. Public Hearing: VAR 06-014 Request for a Variance to UDC 11 -3C -6A to provide less than 2 covered parking stalls for each multi -family dwelling unit for Regency at River Valley by The Regency at River Valley, LLC — east of Eagle Road and north of Fairview Avenue: 14. Public Hearing: VAR 06-015 Request for a Variance to UDC 11- 4.3.2763 to provide less than 80 square feet of private, usable open space for each multi -dwelling unit Regency at River Valley by The Regency at River Valley, LLC — east of Eagle Road and north of Fairview Avenue: 15. Public Hearing: VAR 06-016 Request for a Variance to UDC 11-31-1-4132 to construct a vehicular access to a state highway at a location other than a section line road or the half mile mark between sections Reaencv at River Valley by The Regency at River Valley, LLC — east of Eagle Road and north of Fairview Avenue: 16. Ordinance No. AZ 06-009 Request for Annexation and Zoning of 19.57 acres from RUT to R-8 zone for Cedarcreek Subdivision by Centennial Development, LLC — 470 West McMillan Road: 17. 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) and (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 3, 2006 Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. NaK TX COW TION REPORT Hok AS OF SEP 29 '06 10 PAGE. 01 CITY OF MERIDIAN Please ?asf iy PLL6 o— V*cr --% hqf CITY COUNCIL REGULAR MEETING AGENDA ' City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, October 3, 2006 at 7:00 p.m. "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and Cfty Council are expected to be truthful and honest to best of the ability of the presenter. " 1. Roll -call Attendance: Shaun Wardle Joe Borton Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Gordon Slyter with Treasure Valley Worship Center. 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of September 12, 2006 Pre -Council Meeting: B. Tabled from September 26, 2006: Findings of Fact and Conclusions of Law for Approval: VAR 06.016 Request for a Variance for full access to Bienville Square from State Highway 55 (Eagle Road) for Sienville S uare Subdivision by Red Cliff Development -2539 North Eagle Road: C. Findings of Fact and Conclusions of Law for Approval: AZ 06- 013 Request for Annexation and Zoning of 21.77 acres from RUT to R-15 zone for Cantarbu Commons Subdivision by America West Homes, LLC — south side of Pine Avenue and east of Ten Mile Road: Meridian City Council Meeting Agenda - October 3.2008 Page 1 of 5 AN materials preserded at pubec meetings shall become property of Me City of Meridian. Anyone desiring accommodation for dlsabirdies related to documents andlor hearing. Please contact the City Clerk's Me at 888-4433 at least 48 hours prior to the Public meeting. DATE TIME TO/FROM MODE MIN/SEC PGS CMDtt STATUS 06 09/29 1629 3810160 EC—S 02'45" 005 155 OK 07 09/29 1632 PUBLIC WORKS EC—S 01'33" 005 155 OK 08 09/29 1634 8848723 EC—S 01'34" 005 155 OK 09 09/29 1636 WATER DEPT EC—S 01'34" 005 155 OK 10 0929 16:38 2088840744 EC—S 01'37" 005 155 OK 11 0929 1640 POLICE DEPT EC—S 01'33" 005 155 OK 12 0929 1642 8985501 EC—S 01'33" 005 155 OK 13 0929 1644 LIBRARY EC—S 01'34" 005 155 OK 14 0929 1647 2083776449 EC—S 01'33" 005 155 OK 15 0929 16:49 3886924 EC --S 01'33" 005 155 OK 16 0929 16:51 P -AND -Z EC—S 01'34" 005 155 OK 17 0929 1653 FIRE DEPT EC—S 01'33" 005 1S5 OK 18 0929 16:55 288 888 2682 EC—S 01'35" 005 155 OK 19 0929 1657 208 367 6393 EC—S 01'32" 005 155 OK 20 0929 1700 2088885052 EC—S 01'35" 005 155 OK 21 09/29 1702 IDAHO ATHLETIC C EC—S 01'33" 005 155 OK 22 0929 1704 ID PRESS TRIBUNE EC—S 01'34" 005 155 OK 23 0929 1710 2088886701 EC—S 01'33" 005 155 OK 24 0929 17:15 ADA CTY DEVELMT EC—S 01'34" 005 155 OK Please ?asf iy PLL6 o— V*cr --% hqf CITY COUNCIL REGULAR MEETING AGENDA ' City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, October 3, 2006 at 7:00 p.m. "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and Cfty Council are expected to be truthful and honest to best of the ability of the presenter. " 1. Roll -call Attendance: Shaun Wardle Joe Borton Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Gordon Slyter with Treasure Valley Worship Center. 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of September 12, 2006 Pre -Council Meeting: B. Tabled from September 26, 2006: Findings of Fact and Conclusions of Law for Approval: VAR 06.016 Request for a Variance for full access to Bienville Square from State Highway 55 (Eagle Road) for Sienville S uare Subdivision by Red Cliff Development -2539 North Eagle Road: C. Findings of Fact and Conclusions of Law for Approval: AZ 06- 013 Request for Annexation and Zoning of 21.77 acres from RUT to R-15 zone for Cantarbu Commons Subdivision by America West Homes, LLC — south side of Pine Avenue and east of Ten Mile Road: Meridian City Council Meeting Agenda - October 3.2008 Page 1 of 5 AN materials preserded at pubec meetings shall become property of Me City of Meridian. Anyone desiring accommodation for dlsabirdies related to documents andlor hearing. Please contact the City Clerk's Me at 888-4433 at least 48 hours prior to the Public meeting. Meridian City Council Meetina October 3, 2006 The regular meeting of the Meridian City Council was called to order at 7:00 P.M., Tuesday, October 3, 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, Brad Watson, Bill Musser, Ron Anderson, Ken Bowers, Joe Silva, Doug Strong, Elroy Huff and Dean Willis. Item 1: Roll -call Attendance: Roll call. X Shaun Wardle X Charlie Rountree X Joe Borton X Keith Bird Mayor Tammy de Weerd De Weerd: I will go ahead and call this meeting to order. Welcome. We appreciate your attendance. It is Tuesday, October 3rd. It's 7:00 o'clock. I will start tonight's meeting with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Okay. Item No. 2. We will be led tonight in our pledge of allegiance by Jake Nickles. (Pledge of allegiance recited.) Item 3: Community Invocation by Pastor Gordon Slyter with Treasure Valley Worship Center: De Weerd: Jake, I would like to give you a City of Meridian pin and also one of our pencils and thank you for leading us. Item No. 3 is our community invocation. Tonight we will be led by Pastor Gordon Slyter with the Treasure Valley Worship Center. If you will all join us in the community invocation or take this as an opportunity for a moment of silence. Good evening. Slyter: Good evening. Let us pray. Almighty God, we know that the heavens are yours, the earth also is yours, the world and all it contains you have founded them. Your right hand is exalted. Righteousness and justice are the foundation of your throne. Loving kindness and truth go before you. We look to you tonight, oh, Lord, for wisdom, guidance, and Council. May the majority benefit be served. May the minority, dignity and interest be protected. But may the charity and brotherly kindness of all be upheld. May your blessing be upon us, oh, Lord, as we give you thanks, in the name of Christ Jesus I pray, amen. Meridian City Council • • October 3, 2006 Page 2 of 54 Item 4: Adoption of the Agenda: De Weerd: Thank you, pastor. Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Item S on the Consent Agenda is Resolution 06-534. Under Department Reports, Mayor's office, first resolution is 06-535. The second is 06-536. And Item No. 16 is Ordinance 06-1266. With that I move we approve the agenda as published. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the agenda as published. All those in favor say aye. All ayes. Motion carnes. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of September 12, 2006 Pre -Council Meeting: B. Tabled from September 26, 2006: Findings of Fact and Conclusions of Law for Approval: VAR 06-018 Request for a Variance for full access to Bienville Square from State Highway 55 (Eagle Road) for Bienville Square Subdivision by Red Cliff Development — 2539 North Eagle Road: C. Findings of Fact and Conclusions of Law for Approval: AZ 06- 013 Request for Annexation and Zoning of 21.77 acres from RUT to R-15 zone for Canterbury Commons Subdivision by America West Homes, LLC — south side of Pine Avenue and east of Ten Mile Road: D. Findings of Fact and Conclusions of Law for Approval: PP 06- 011 Request for Preliminary Plat approval of 122 residential lots (50 4-plex lots and 72 townhouse lots) and 10 common lots on 21.77 acres in a proposed R-15 zone for Canterbury Commons Subdivision by America West Homes, LLC — south side of Pine Avenue and east of Ten Mile Road: E. Findings of Fact and Conclusions of Law for Approval: CUP 06-006 Request for a Conditional Use Permit to construct a multi- family development consisting of 200 multi -family dwelling units (4- Meridian City Council • • October 3, 2006 Page 3 of 54 plexes) on 50 lots and 72 townhouse dwelling units on 21.77 acres in a proposed R-15 zone for Canterbury Commons Subdivision by America West Homes, LLC — south side of Pine Avenue and east of Ten Mile Road: F. Findings of Fact and Conclusions of Law for Approval: 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: G. Findings of Fact and Conclusions of Law for Approval: PP 06- 038 Request for Preliminary Plat approval of 20 residential lots and 4 common lots on 4.38 acres in a proposed R-8 zone for Bellabrook Subdivision by JE Development, LLC — 300 South Locust Grove Road: H. Findings of Fact and Conclusions of Law for Approval: 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: I. Findings of Fact and Conclusions of Law for Approval: PP 06- 039 Request for Preliminary Plat approval of 27 single-family residential lots and 4 common lots on 10.94 acres in a proposed R- 4 zone for Bitterbrush Point Subdivision by Majestic, Inc. — east of Meridian Road and north of Victory Road: J. Findings of Fact and Conclusions of Law for Approval: AZ 06- 037 Request for Annexation and Zoning of 4.85 acres from R-1 to C -G zone for Cope Subdivision by Ronald Van Auker — east of Meridian Road and north of Overland Road: K. Findings of Fact and Conclusions of Law for Approval: PP 06- 035 Request for Preliminary Plat approval of 4 commercial lots on 4.31 acres in a proposed C -G zone for Cope Subdivision by Ronald Van Auker — east of Meridian Road and north of Overland Road: L. Development Agreement: AZ 06-009 Request for Annexation and Zoning of 19.57 acres from RUT to R-8 zone for Cedarcreek Subdivision by Centennial Development, LLC — 470 West McMillan Road: M. Business Associate Agreement with Ada County Emergency Medical Services regarding Blood Draw Agreement: Meridian City Council • October 3, 2006 Page 4 of 54 N. Blood Draw Agreement with Ada County Emergency Medical Services: O. Agreement for Professional Services for Polygraph Mentorship, Education and Training Services with Idaho Polygraph Association: P. Approve ICRMP Insurance Renewal with Joint Powers Subscriber Agreement: Q. Agreement for Professional Services with Civil Survey Consultants, Inc. for Construction Staking for Water and Sewer Improvements Associated with the ACHD Eagle Road, Victory to Ridenbaugh Canal Project: R. License Agreement with Nampa Meridian Irrigation District for Windham Place: S. Resolution No. 06-534 Destruction of Temporary Records — Old Finance Documents: T. Streetlight Agreement for Kingsbridge Subdivision No. 1 by Kingsbridge Properties, LLC: U. Water Main Easement Agreement for Schumacher Building by VJ Joint Venture: V. Employee Benefits Client Service Agreement with Mercer Health & Benefits: De Weerd: Item 5 under the Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the Consent Agenda, which includes Item S, resolution number 06-534 and as printed for the Mayor to sign and the Clerk to attest on all papers. Rountree: Second. De Weerd: Okay. I have a motion to approve the Consent Agenda. If there is no discussion, Mr. Berg, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. Meridian City Council • October 3, 2006 Page 5 of 54 MOTION CARRIED: ALL AYES. Item 6: Department Reports A. Planning Department — Craig Hood. 1. Discussion of Possible Annexation and Sewer Connection into the City of Meridian at 1035 East Fairview Avenue by Kandy Sealv: De Weerd: Thank you. Under Item 6, Department Reports, we will start tonight with the planning department. I don't think that's Anna, but nice to see you, Caleb. Hood: Thank you, Madam Mayor, Members of the Council. The department report that's on the agenda this evening has to do with a potential annexation into the city where services -- specifically sewer service is not currently available to the site. The site in question is on the screen there. It's kind of hard to see. It is a smaller parcel. It is in the county. It is surrounded by city properties, but, again, services are not provided to those properties and so this parcel cannot be serviced at this time. There are some projects in the works where we think that services will be available to this property in the near future, we just wanted to get your -- a feel for if you would consider annexing this property, realizing that services are not available at the time the annexation request would occur. So, what's not on the table is discussion of development of this site, but just whether or not you would consider an annexation request of the subject site without services. So, I will stand for any questions you may have. De Weerd: Okay. Thanks, Caleb. I do know that Kandy is here with us tonight, too. Council, if you have any questions. Kandy, do you have anything you want to add or -- sorry to make you walk into the light. Sealy: I'm Kandy Sealy, 1035 East Fairview, Meridian. The only thing I wanted to tell -- may give you a little background of why it's happening the way it is, is back in March I had come to Planning and Zoning and thought that I was already a Meridian property, because my property already has water from the city. Come to find out the county said that I was and you guys say that I wasn't, so I had to do some research and it came out to be that I wasn't. So, at the time I had my pre -meeting I was told that I could not annex if I could not connect to sewer, so I did not have sewer available, so automatically I went to the county and tried to take may process through that. Six months later I come to find out that they are going to ship me back here to abide by whatever rules you guys have being that a development agreement I made with the health department says that I need to annex and connect to sewer within a year, which should put me back into all the rules and regulations of the city, which I wish that's where I started from. So, that's why we are asking now to be able to have some kind of partial approval that I would be able to annex, so that the health department would allow me to get my food license and I could continue on. If it's something you guys would Meridian City Council • October 3, 2006 Page 6 of 54 rather have me start my application right now and go into the city and just take my application out of Ada County, I'm fine with that, too. But I just want to be able to see if my -- my business has been -- half in business and half out of business for over a year now, because I was located in Meridian off the comer of Fairview and Eagle Road for awhile and when I moved to this new place it's taken me this long to try and get the business open and I have customers that are like clamoring at my door always going when are you getting open, when are you getting open. So, I'd like to just try and -- I seem to get stalled in every which way I go, so I'm looking for some direction here and hoping that I can just continue on with the hearing process doing the annexation and the CUP and all of that. De Weerd: And, Council, Kandy has talked with Anna about this and she has talked about requesting annexation now and entering into a development agreement that would allow her to use her septic until the sewer is available that is on her property. Is that right, Caleb? Okay. So, we are seeking your direction tonight if we can move forward in that direction, if you would be open to it. Yes, Mr. Wardle? Wardle: Madam Mayor, question for legal counsel. Other than the availability for sewer, does the property meet other annexation criteria for the city? Nary: For the annexation provisions of being contiguous to the city and having services available, but for the sewer that you're aware of, yes, I mean there — there may be other issues and since what -- what you're really being asked tonight is to give your approval to her to apply and to go through the annexation process. There may be other issues that may crop up as part of the process, compliance with city standards and the variety of things of that requirement, but being contiguous, it being consensual and for services being available, it certainly meets those criteria. And all you're asked, again, tonight is to give the approval to go through that process and you will see that again, then. De Weerd: Mr. Wardle, I guess what makes this different is the situation with the sewer, that it's not immediately available, and so she would be asking to be on the septic until it was available. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I guess my preference would be certainly — we have heard information that sewer may become -- excuse me -- may become available in the near term. I would rather see the applicant come through our process than work through Ada County again, only to have to come back to the city in maybe less than 12 months worth of time. So, I would be in favor of at least processing the application. De Weerd: Okay. Mr. Rountree. Meridian City Council • October 3, 2006 Page 7 of 54 Rountree: Madam Mayor, I have a question for Brad as it relates to the infrastructure. Where is it and when could it be there? Watson: Madam Mayor, Councilman Rountree, it's my understanding it exists in the subdivision to the south. There is a stub street that -- that goes north into the R1 -M parcel and it will eventually flow south. It's my understanding that this property was approved for annexation and zoning preplat last week and that -- correct me if I'm wrong, Caleb, another property is in with a certificate of zoning compliance application right now. So, it has to go through those two properties as they develop. It sounds like they are imminent that they will develop soon. Rountree: Thank you. De Weerd: Okay. Any other questions, Council? Rountree: Madam Mayor, I guess I would have a question for Kandy. Do you know what you're getting into? Sealy: Do I know what I'm getting into? Rountree: Yeah. In terms of the annexation process. Sealy: Well, not specifically. Rountree: I know you have been visiting a time or two in the recent past, so -- Sealy: I know that it's -- you have to go through the different hearings for the Planning and Zoning and all of that, but from what I have been told it's, basically, more of a paperwork type of a legal thing than it is really -- I think the Conditional Use Permit and all that is more involved for my participation, as I understand it. Rountree: Very good. De Weerd: And she's been working with staff on any related issues to that. Okay. So, is it the consensus of Council to go ahead and approve moving forward with accepting an application? Rountree: I'm okay with that, as long as the development agreement is pretty specific that at the time of availability there will be a hookup. Borton: I agree. De Weerd: Okay. Bird: I agree. Meridian City Council October 3, 2006 Page 8 of 54 B. Fire Department 1. Fire Safety Proclamation: De Weerd: Okay. Thank you, Kandy. Thank you, Caleb. Item 6-13, our fire department. Do you want to introduce it? There is the chief. Rountree: Oh, Sparky's here. Wardle: Which one's the chief? Silva: Madam Mayor, Members of the Council, we have come to you this evening with this request to declare this proclamation for Fire Prevention Month for October '06 and we realize this is a very important issue here in Meridian. Since the first of the year we have had 12 related cooking fires, two of which were -- two homes that suffered substantial damage on July the 2nd and we were hoping that through our efforts in the Fire Prevention Month activities through the schools and our community, that we can perhaps affect that problem and the attitudes towards safe cooking practices in the future. So, with that we'd like to request that you -- and Sparky realizes that it was a very important meeting to come and spend some special time with Council and the Mayor this evening. De Weerd: We are glad you brought your friends, chief. Chief Anderson, do you have anything to add before I read the proclamation? Anderson: No, Madam Mayor. De Weerd: Okay. Sparky it's nice to have you here. It sure beats ET, you know. ET was just very disturbing. Okay. I will read the proclamation. Whereas the City of Meridian is committed to insuring the safety and security of all those living in and visiting our city and whereas fire is a serious public safety concern, both locally and nationally and homes are the location where people are at greatest risk from fire and whereas the nonprofit National Fire Protection Association has documented through its research that cooking is the leading cause of home fires and one out of three home fires begins in the kitchen, more than any other place in the home. And whereas the Meridian Fire Department, first responders, are dedicated to reducing the occurrence of home fires and home fire injuries through prevention and protection education and whereas the City of Meridian residents are responsive to public education measures and are able to take personal steps to increase their safety from fire, and whereas using proper care when cooking will have a positive effect on the home fire problem and whereas each cooking fire that is prevented in Meridian is an opportunity to prevent painful injury and costly property damage and whereas the 2006 Fire Prevention Week theme, Prevent Cooking Fires, Watch What You Heat, effectively serves to remind us all of the simple actions we can take to safer -- to stay safer from fire during Fire Prevention Week and year around, therefore, I, Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim October 8th through the 14th of 2006 as Fire Prevention Week throughout the Meridian City Council • • October 3, 2006 Page 9 of 54 city and I urge all the people of the City of Meridian to heed the important safety messages of Fire Prevention Week 2006 and to support the many public safety activities and efforts of this city and its fire and emergency services, dated this day of October. Thank you so much for joining us, chiefs and Sparky. And chief. Excuse me, former Councilman Anderson, if you will speak into the mike. Anderson: And as somebody who can speak from firsthand experience about cooking fires -- and I have a couple witnesses up here -- I urge you all to be very safe when you are cooking, even outdoors with your barbecue. De Weerd: We do remember that Chief Anderson is very flammable. Flammable material. Thank you so much for being here. C. Park's Department — Doug Strong 1. Change Orders No. 5 & 6 for Heroes Park Construction with C&A Paving Co.: 2. Budget Amendment for Heroes Park Construction: De Weerd: Item 6-C, our Parks Department. Elroy. Huff. I got picked for tonight. Madam Mayor, Members of the Council, I appreciate being able to meet with you and come forward with a few things. I want to give a little overview of some things on this project. In change order number five we are requesting a 21,000 dollar change order and to do with some drainage issues on that site related to the parking lot and retention beds. What we did in the beginning of this project is we have three -- four drainage beds on this site. Three -- two of them are connected in park property in conjunction with ACHD. A third one is on park property totally. Another one is across the street. All of the calculations for these drainage beds were the same ones that we used on this park, which we figured should be the same. They are very close together, not within several hundred feet or less, and when we went to work on that and opened up that hole to work on the drainage for that, it would not meet separation. We were all surprised on that. So, what we did is we asked the engineer to take a look at re-engineering that to make it better, so that we felt safe with that and went back to Public Works I think twice with it, to where we could get a minimum standard that they would accept. And we ended up widening the drainage beds a little bit, raising the bottom -- raising the top height of them and getting that separation that was necessary. We lost a few parking places in that. We had to raise some GI vaults that were already in. We had to go back and raise those a little bit to make everything work right. And I still feel bad about that, but I feel confident that we have a drainage system that will work better than anything else around us is now working. I got to watch those a little bit later in the summer. They all have grass in them and when it got real hot the landscape guys were just pounding them with water, so they were fuller than they should have been. So, we think we have seen what we can do, but our system now we feel is better than everything else around us. So, we went ahead with that. The Meridian City Council • October 3, 2006 Page 10 of 54 • change order number six has to do with the cost of oil for asphalt, which went up quite a bit. Everything did this summer. And I struggled with that a little bit and we just kind of sat on it, began watching it. We have done all the homework on what the costs really are. We have talked to the company about how they were afforded those. We have talked to the batch plants and how many other projects that C&A has been on that they have had to request that and a change of condition. So, we have worked through all that. So, we have requested on there 53,926 for that 233 -- 2,233 tons. Since we talked -- or since we have put this on here the other day, that total price has lowered about 4,400 dollars for oil already. So, it's going down. We want to request the 53,000. We won't pay over that. C&A said that they will charge us whatever price the batch plants are charging on that. So, I think we have got that nailed down. They know we are watching that, so we feel confident that it will be right on the money, so -- it's actually gone down twice since the -- since the request -- since we got the notice from them, so -- what I was looking forward to -- oh, there is some contingency in there, just because you don't know what's going on these days, but the -- what I was looking forward to is paving starts Monday and about next Thursday that project in phase one is going to be done, everything is going to be graded. We have certainly nice green grass coming up out there on the 19.6 acres on the flat. What this will do when they finish up next week is allow us to go forward, get a landscape company and come in there in conjunction with PAL and start working on some sprinklers again through the fall, so that we can get things ready and get it playable as soon as we can next spring. We will be pushing this as hard as we can. So, the parking lot and everything will be ready for when it's time for them. So, I feel confident. It's been a very challenging project all summer for me. I have spent many hours on this project and working through some things, working through some things with PAL. I'm still not done with that. I learn every day of how this is -- how these partnerships work and I'm confident -- and I know Tammy knows a little bit of my frustrations, I have told her once or twice a little bit. We have to keep going on those once we kind of get in them and we have even had our department out there working for several days a couple of weeks ago and we did some things with irrigation that would have put -- would help PAL quite a bit and they were things that just were good things to do. We happen to have a really good part-time crew that was really good, so we took advantage of them while we had the opportunity. So, I'm very confident we have done everything that we can do for the money that we are spending to get this where it is right now, which is in the -- a little over 800,000 range and so we will have everything playable next spring. We are confident that there is other things that we are going to be able to put in, trees, and other things. So, we are coming along with it. It's slower than I wanted, but I want to have this project finished up next week and closed out. So, that's kind of what we are looking for tonight. And I'll certainly entertain any questions if you have some. De Weerd: Okay. Council, questions? Rountree: I have none. Bird: I have none. Meridian City Council • • October 3, 2006 Page 11 of 54 De Weerd: Okay. Huff: Thanks. De Weerd: Thank you, Elroy. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Doug, if you would come forward and talk a little bit about the partnership relationship with PAL on this project. I know there is -- and we talked about it a little bit and there has been some efforts on your part to approach PAL in a partnership at the beginning and held sharing of certain expenses. Prior to this issue there was discussions with PAL, a decision to share continued change order expenses. Could you give us an update on your discussions with that group, these change orders and particular with the paving of the parking lot, you made reference earlier about PAL's representation that they would take charge of or take the lead on putting in the parking lot and the paving issues in phase two. Could you talk about that? Strong: Madam Mayor, Members of the Council, Councilman Borton, if we go back to the beginning of the agreement, just what -- in the signed agreement that we have, when we added money to this particular project -- as you may recall, the first phase of the project was to put in a gravel parking lot and as we were trying to get all -- several projects, including the Meridian Youth Baseball project, Adventure Island, so forth, through a phase one green up, we decided that we wanted that parking lot paved. So, in the agreement we -- the city -- the agreement changed that the city took on the financial responsibility of the parking lot and the irrigation pond, pond liner, pump, those components of the park. We had already -- we had already funded the pond installation, the irrigation pump and so forth. PAL continued with their obligation for the engineering documents and the irrigation system and grass seeding for the project and they have held true to their part of the project for getting the irrigation system in. Part of the frustration that Elroy alluded to was difficulty we had with the irrigation contractor, which we did not control, because that was not our contract that was PAL's contract. So, when this -- these particular change orders came about, we were -- and we were trying to settle on a dollar amount, I did contact PAL to see if they would be willing to participate in a portion of the cost for these increased costs and the e-mail that was sent back that I believe you have got a copy of, as well as Councilman Borton, indicated that financially right now they are not in a position to do that. They did -- as you see this is change order five. The first four change orders PAL did pay for with some kind of smaller change orders that occurred very early on in the project back very early in the year when I think they were in a better financial position. So, that's, essentially, where they are today, but there is still -- we still have phase two or three or however long it takes to put the buildings on -- on the park, the restrooms, concession building, so there is still some obligation on PAL's part to continue with that. But at this point they are not able to help us financially with these change orders. Did I answer all of your questions? Meridian City Council • October 3, 2006 Page 12 of 54 Borton: You did. Strong: Okay. Borton: Madam Mayor? De Weerd: Yes. Borton: A follow-up question. Can you give us PAL's perspective, unless -- I don't think there is someone from PAL here. Are you telling us that it's their position that they don't have an obligation to share or pay for any of these expenses or -- they understand that they are supposed to share or pay them, but they are just unable to do so. The reason I ask is as we go forward and get change order eight through 49, is their position, at least to you, that after change order four they are done, everything else is us or they just can't put up the money right now? Strong: Madam Mayor, Councilman Borton, the position right now is they just don't have the money, it's not that they don't feel any obligation in the project and our development agreement clearly separates city responsibility and PAL responsibility. Unless we go back and change that agreement, they are still on the hook for much of phase two with buildings, concessions, restroom, concession buildings, completing the park. So, it's just to get through the phase one green up. Like I say, their obligation per agreement was to put in the irrigation system, providing engineering documents for the project, and they have, essentially, done that. We have done some irrigation improvements into the landscape beds in the parking lot that we are going to request reimbursement for the materials that we used to put that irrigation in. They still owe us for that. But we installed those -- those links into the irrigation bed with our own in- house staff, so it saved them some dollars on that side. De Weerd: Okay. Any other questions for staff and Council? Okay. Strong: Madam Mayor, I asked Keith to be here tonight. He's been kind of on the front lines of looking at what asphalt costs are, if you have any questions about asphalt. I think that's probably pretty straight forward. It's been a very volatile summer for asphalt prices. They are coming down, but he's been watching where they are going, if you have a question related to asphalt. De Weerd: Don't you have anything better to do? I could think of a couple, uh? So, Council, do you have any questions for Keith, Doug, or Elroy? Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Meridian City Council October 3, 2006 Page 13 of 54 Borton: I have a question for legal. Mr. Nary, is there really any recourse if the city approves the budget amendment, pays for these that are truly an obligation of PAL, would that agreement need to be amended or, really, is there anything that we could do to recoup those expenses later on in later phases or -- Nary: Madam Mayor, Members of the Council, Councilmember Borton, I mean certainly we can evaluate whether or not there is a -- we have -- I haven't done that in anticipation of tonight's discussion and we could certainly look at that if that is redress. I think that issue has always been one for the Mayor and the Council is how -- how much involvement of these partnerships and what does that mean if they don't participate where their intentions were to do that, how does that relate at the end of the day and how the use of that park is going to be. This one is a little -- a little more difficult from a park standpoint, simply because it really is just a large open space of green -- a green space. So, how that's going to get used, I guess ultimately that you and the Council and -- can decide how that use of that field is going to be and certainly have a relationship to how the contribution has been up to this point. But if you would like us to look at whether or not amending the agreement would be appropriate, looking at other future phases of development, whether there is a way to recoup that in the future with this partnership, we could certainly do that. De Weerd: Okay. Borton: Madam Mayor -- and I appreciate that. I don't mean to be the heavy on the topic, but there is -- when someone makes a commitment to share some expenses, I'm curious if we even have leverage to recoup that or hold their feet to the fire, but, regardless, it needs to be taken care of and done and -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Joe -- I agree with Councilman Borton that -- but at the same token -- man, I love partnerships. I have been what I have considered -- or have been involved with partnerships -- the only partnership I know of that the city is given the ground and the -- in fact, that didn't give the ground, but it was under their deal and they put no money out was the Storey baseball park. All these partnerships I felt was going to be on the lines of Boise city and the Optimist noon football deal, but it seems like we have always taken the stand that we have had to do it. I think that you need to look at the agreements and their percentage of input with dollars and in kind, reflects on how much authority they have out there and how much they do. I mean their -- I believe they are using Settler's Park on Saturday mornings practically a hundred percent and not paying a penny out there, where at other places that they use they do have to pay a fee. So, I don't know. I'm like Councilman Borton, I -- I think that these need to be looked at real hard. Strong: Madam Mayor, Members of the Council, I'd just clarify this particular issue maybe to help with some resolve. Early on when we changed the agreement -- when Meridian City Council October 3, 2006 Page 14 of 54 the first agreement that went through, the phase one was to put in a gravel parking lot and PAL was going to do that. When we changed it that the city came up with additional dollars, so that we could get through the phase one green up, we agreed to pave the parking lot. The discussion, I think what Councilman Borton's referring to was really a verbal discussion that we had on -- early on that as change orders came in we would discuss with them their ability to participate in helping with some of the costs of those change orders. The early change orders on the project, they did fund, they did pay for those. At this juncture, when this one's come forward, I think it's the timing and the season and the bills that they have had to pay out over the course of the season, they are not in a financial position to pay anything at this point. They said that by next spring they may be in a stronger position. I think there is a willingness, certainly, if, by your direction, you wanted to us to go and renegotiate elements of that -- of that agreement, we could certainly do that. I don't think they are close to that. I think that could happen. So, they all along have actually been very willing to work with us. They have incurred a great deal of additional costs with the irrigation system that they didn't anticipate, because of the -- of the contractor that came on that -- that particular part of the project, they had a lot of difficulty with that, so they have had to come up with about an -- I believe about an additional 50,000 dollars to finish that part of their project that they didn't anticipate. And what's -- Settler's Park -- actually, the first couple of years that they used Settler's Park for their Saturday morning soccer play, they didn't pay a field use fee, because of the impending partnership that we hadn't entered into at that point. Last year and through discussions with the Mayor at that time was when do we cut them off from that free deal that they had. We did that last year. They are paying a per field cost to use those fields to play soccer on Saturday, just like any other group that would ask to use those fields at Settler's Park. So, that's been in place for over a year. Bird: I was misinformed, then. I'm song. De Weerd: Okay. Thank you, Doug. Okay. Council? Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: This is -- these are matters that do need to be taken care of and, you know, my remarks are really'intended to make sure that we are not representing to PAL that any particular agreement has changed or obligations have changed as to who is doing what. The change orders should be approved in my mind, I think, Doug, you continue discussions with PAL and -- and their obligations going forward and ability to participate in future change orders. I guess they are not off the hook, in my mind. And I don't think they are asking to be off the hook, in all fairness to PAL. And times are tight, so -- De Weerd: Okay. Meridian City Council October 3, 2006 Page 15 of 54 Borton: With that I would move we approve change orders number five and six for Heroes Park construction in the amount of 87,271. Bird: Second. De Weerd: Okay. I have a motion and a second to approve the request in front of you. Is there any discussion? Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: I would move we approve a budget amendment with that same amount of 87,271. Bird: Second. De Weerd: Okay. If there is no discussion on that motion, Mr. Berg, will you call roll on that. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. D. Mayor's Office 1. Resolution No. 06-535 : Valley Regional Transit regarding Coalition for Public Transportation: De Weerd: Thank you. Item 6-D, under Mayor's report, you do have in front of you a new resolution that should reflect a lot of the comments that were made a couple of weeks ago. I did ask Ray Stark from the task force that's done a lot of -- or the coalition that's done a lot of the research and whose recommendation did come in front of you and asked him to be here to answer any questions. Mr. Stark, do you have any comments to make? Stark: Good evening, Madam Mayor, Members of Council. It's an honor for me to be here tonight. I guess I wear lots of hats in the community, but tonight I'd like to come before you with the hat of -- since Meridian's in the center of the valley, to wear my hat of -- of a person who lived over here off Cherry Lane, of a person who lived west of here on Northgate. I have lived in Kuna and lived in grandma's house on Eagle Road by Ustick. So, I'm here tonight in my transportation capacity of growing up here in the Meridian City Council October 3, 2006 Page 16 of 54 center of the valley to talk about a future that we can certainly dream about, but one where we have to get started on our journey. So, I'm here to answer any of your questions you may have about the coalition for regional public transportation. It's a path that we are on in the valley that there is no turning back. We know we are many many years behind Denver, Phoenix, and Salt Lake, but we are certainly not so far behind Albuquerque, Sacramento, Spokane and other communities. So, we know we have a public transportation future and we know it's going to be a difficult journey, but it takes one step at a time and we are not going to go down this path in a very hurried way, even if we are successful with the legislature in 2007, the first election would be in 2008, with revenue in 2009, two and a half years from now at the earliest. So, if we are unsuccessful in the short-term, we will be back, I guess, as a region until we can get some local funding for public transportation. Madam Mayor, for some -- maybe some discussion, I have a short handout that gives the Council an update of the coalition's activities the last few months. This is a list you may not have seen before. It's incomplete. We hope this list will double in time for the 2007 legislature. It's an incredible list when we think about it. It's targeted toward major employers, so you don't see a lot of main street business on it, but from your particular point of view it includes the names of two headquarter companies and a major employer, United Heritage, Blue Cross of Idaho, and St. Luke's Regional Medical Center. It's a list that will have business -- obviously, you see government. We are starting our education campaign now. And other unique organizations, such as the Meridian Development Corporation. It's -- it's a coalition like no other in this valley's history and, like I said, there is no turning back. I'm not -- I haven't seen your resolution, don't know particularly what some of the questions that Council may have, but certainly I see Kelly Fairless here as well to answer any detail questions you may have. We are asking for your city's name on this list, along with other cities and counties and other entities throughout the valley as we go through the Idaho legislature. Madam Chair, I don't know how -- you know, what -- how detailed you want me to get. De Weerd: I think you -- you gave a good summary. Council, do you have any questions in particular about the process of the coalition or -- yes, Mr. Wardle. Wardle: Madam Mayor. Ray, thank you for being here. I have a question -- and we had a presentation by -- a very detailed presentation by Kelly about both the process and future planning. The resolution which we -- which we saw a couple meetings ago specifically addressed the issue of the capital improvement plan. Can you tell me a little bit about -- I understand that there was what may be termed a compromise in that capital improvement plan process, which would, essentially, as is proposed, would allow for future corridor preservation, but not allow for the actual implementation of a light rail system. Was that compromise that the committee considered at length or -- Stark: Madam Mayor and Councilmember Wardle, the main compromise, I guess, during the committee's -- the coalition's process was -- was maybe to dream a little bigger. Certainly in -- as we were trending down the path of funding first maybe a basic bus system in the two county area, that could be done with a quarter a penny sales tax easily. As the business part of the coalition started meeting with the elected officials, Meridian City Council October 3, 2006 Page 17 of 54 including state legislatures, the discussion turns a little bit that possibly the voters would want to vote on something more than a bus system and a penny sales tax and the discussion turned to if you'd ask the voters for more than a quarter a penny you could fund something more. To use the over word -- overused word, something more sexy than buses. And that's when a -- the discussion centered on -- if you go up to a half penny for a voter approval, you, then, go down the path of much more than a bus system, you first have to buy the Union Pacific right of way, which we know is a huge ticket, where you have to start buying the corridor east to west and north -south in the two county area and the more the coalition talked about that, I think that's maybe the compromise you mean. If you go more than a quarter of a penny and, then, you start buying the right of way that leads to light rail, you start buying the corridors, east -west in particular, which are -- land prices are never going to go down from where they are today, probably. That's maybe the compromise of your question, to go beyond the bus system and start going down the path of looking at the light rail. Wardle: Madam Mayor, a follow-up question. I guess there was two capital improvement plans in Kelly's presentation and it certainly shed some light and it was -- and I don't have the exact figures, but I believe it's -- a one percent increase would generate funds over 100 million dollars -- maybe help me out. And a half percent -- and would fund an actual -- an actual light rail system that -- I guess what I was asking is from a compromise standpoint, was it -- did the committee feel that -- that one -- that one cent would be -- would be unpalatable for the voters and that maybe begin with half a cent or was that even part of the full discussion? Stark: Madam Mayor, Councilmember Wardle, that was never part of the discussion, because early on the draft legislation had no more than three quarters of a penny ever for potential voter approval. The discussion ended on what -- what do you start at, do you start at a quarter a penny, half a penny, but -- and the draft legislation has -- you can start with no more than half a penny is the draft legislation, with the potential some day of asking up to three quarters. So, the discussion was never as high as a penny for public transportation. De Weerd: Did that answer your questions? Wardle: Yeah. And I have a follow up. De Weerd: Okay. Stark: Madam Mayor, maybe to continue the answer for Councilmember Wardle, the light rail isn't going to happen very soon. It just needs -- you need much more population and density. So, the discussion centered on kind of phasing your way down the line, so to speak. You have a two county bus system, buy the Union Pacific right of way, which will not take one year, it's going to take many years to buy the right of way. Start the corridor preservation, build a combination of things, such as, you know, your -- your van pool, commuter ride, and other things like that and be ready for light rail when population warrants it. And, quite frankly, when we get to that time, we will probably Meridian City Council • • October 3, 2006 Page 18 of 54 know it and it's going to be a whole other battle. Certainly using the light rail in Sall Lake, as an example, the voters approved the funding for that kind of on a leap of faith, it seemed like, but ridership has far exceeded expectations and now all the discussion in the Wasatch front is extending that -- that light rail and adding a commuter rail to Ogden to Salt Lake under construction right now. So, everything kind of happens as your growth happens. Thank you. De Weerd: Okay. Thank, you Ray, for joining us. Stark: Thank you. De Weerd: Did you have a question for Kelly, did I understand? And, then, maybe I can ask Mr. Nary to talk about the changes that were incorporated in this. Thank you. Wardle: Madam Mayor, I guess for -- and not having all the comments in front of me, the numbers that I was talking about, was that, essentially, a half cent and, then, the three-quarters of a cent would have been the 128 million for -- Fairless: Madam Mayor, Council Wardle, one -- I think what I'm hearing from you is when we originally did our plan with a low capacity option and a high capacity option as the two bookends, we never -- we never did a financial analysis based on a sales tax for our high capacity option. We, actually, used a personal tax on the vehicle as our -- as our -- just kind of a dummy source of funding that we did to come up with our financial projections for those two bookends. One of the things that we have been looking at in terms of the sales tax proceeds for communities like Kootenai county and some of the local option that are occurring around the state, but the revenues they are generating are a lot more than what they originally projected. So, we believe that a half cent sales tax will generate 39 million dollars in the first year and I think those dollars in that -- and I don't have that right in front of me, but those, projecting out over the next 20 years, get into pretty significant dollars and with -- with that we were able to identify how much money's available for debt service and to be able to add to -- for -- to pay debt service and be able to do that capital infrastructure. What the coalition was thinking about in terms of the staging of a possible rail service -- and I want to clarify that in our plan that seems to be commuter rail type service, not a light rail service, which is somewhat different. But that before that could be implemented there would probably need to be another increase, that maybe the .75 would end up being enough to do that. And we can do that analysis, if that would be helpful, but to go above the .75, there is just such a strong feeling that we probably couldn't get it passed the legislature, that that's really the first hump for us is to get it passed the legislature. So, I think that's what -- I think that -- that's what you were referring to by the compromise. It really wasn't a compromise, as a coalition we were just looking at what that recommendation would buy us. De Weerd: Okay. Any other questions? Okay. Mr. Nary. Meridian City Council • • October 3, 2006 Page 19 of 54 Nary: Madam Mayor, Members of the Council, there are two resolutions in your packets and there wasn't an explanation attached to that that probably would help clarify. The one -- the one that's new is really what you're considering tonight and what's the one that's been numbered is, basically, the one that is titled the -- accept the recommendation of the coalition for regional public transportation to seek legislation allowing a vote by the electorate to allow for local option sales tax as the funding option to pursue for the capital improvement plan. The difference between this -- I was going to prepare a strike and replace, but because it changed significantly, I felt it would probably be so hard to follow if we did it that way, it would be easier to simply look at them side by side. The prior one that you have previously reviewed and have -- had not approved is the second one in your packet and that was one that went a little further -- and went to actually recommending the final decision of local option sales tax and that was what was not approved and I think what's back in front of you now really takes it to the -- to the step where in looking at the information that's been evaluated by the different entities here, that really was what the recommendation was, was to go to the legislature and get their authority to, then, go back to the voters and I think that's what you're being asked tonight and that's what this resolution reflects, versus the other one, really went to the -- sort of ultimate question. Is there any other questions? De Weerd: Council, do you need any -- do you have any questions for Mr. Nary to clarify the difference between this resolution and the one in front you a couple weeks ago? Again, we tried to incorporate the discussion points into this new document to make it reflect what was said at that time. Okay. I guess the request, then, in front of you is for support of this resolution as changed. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Thank you, Bill, for preparing this, the additional resolution. I think some of the comments the Council had and my specific comments were that the recommendation not only to seek legislation, but to approve a local option tax went a little far in my mind, in addition to that from a -- and we have had the discussion tonight and one of the things that I have said before is for the system to actually function and work -- I don't believe that a simple additional ground transportation bus system will generate enough ridership to make the program worthwhile and so those are questions that Ray and Kelly have answered for me that they are still in negotiations, that that's going to be something that's up to the people voting on the legislation, the potential legislation, and it would encourage the drafters of that legislation to take a look at -- in my opinion at funding the entire system and making -- making something that can really achieve some ridership. So, the amended resolution that we have in front of us I think is, in my opinion, something that I could support. De Weerd: Was that could or couldn't? Wardle: Could. Meridian City Council • • October 3, 2006 Page 20 of 54 De Weerd: Could. Thank you. Wardle: I changed my mind. De Weerd: Wow. Thank you. Can you, please, mark that point in the minutes and I would like that to be framed and hung in my office tomorrow. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I haven't changed my mind and my mind is still of the opinion that I have complete faith in our community in making a decision as it relates to public transportation, if allowed by the legislature. I think it's fundamentally wrong that they are not allowed to make those kind of choices for themselves. So, again, I support this revised language. De Weerd: Thank you, Mr. Rountree. Bird: Let's have a motion. De Weerd: Okay. Do I have a motion? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move we approve resolution number 06-535. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve resolution 06-535. Is there any discussion? Okay. Mr. Berg, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, nay. MOTION CARRIED: THREE AYES. ONE NAY. 2. Resolution No. 06-536 Board Appointment for Valley Ride Board De Weerd: Thank you. Thank you, Kelly and Ray, for joining us. I do have a resolution in front of you, 06-536 -- or 536 and it is to approve the board appointments for the Valley Ride board and that's the valley regional transit board. Those are Charlie Meridian City Council • • October 3, 2006 Page 21 of 54 Rountree as our Council representative and Pete Friedman as our staff -- staff representative. Nary: Madam Mayor? De Weerd: Yes. Nary: If I could ask, too, in that resolution that Mr. Berg could correct -- Mr. Friedman's name is F-r-ke, not F -r -e -e. It was my error, but rather than pull it and start over, if you could just correct that on the document. De Weerd: Okay. Thank you. Is there any discussion or -- on this? Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: If there are no further discussions, I move that we approve resolution number 06-536, with the noted change on spelling. Borton: Second. De Weerd: Okay. I have a motion to approve Item No. D-2, that is resolution number 06-536. Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. 3. Appointment of City Treasurer: De Weerd: Okay. Council, in front of you is a request to approve appointment of the city treasurer. As we have reorganized the finance department, the position used to be held by the person who currently is doing our payroll and it no longer makes sense that those city treasurer responsibilities are tied to that position. The responsibilities are -- have been integrated into our chief financial officer's position and it is only appropriate that that be tied to the department director. And that would be Stacy. Is there any questions or discussion needed on this item? If not, I would appreciate a motion to approve. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I move we approve the appointment of Stacy Kilchenmann as city treasurer. Meridian City Council • October 3, 2006 Page 22 of 54 Bird: Second. De Weerd: Okay. I have a motion and a second. I will ask Mr. Berg to, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. E. Attorney / Human Resources 1. Budget Amendment: De Weerd: Thank you. Sony, we are just going to do some sharing right here. Okay. Item 6-E, our city attorney Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. I'm passing down the actual budget amendment. I hate to bring a budget amendment to you on October 3rd for this budget, but since the parks department beat me to it, I guess it's okay. These are two fairly minor budget amendments. One of them is a police department and the other is the human resources department. In the process of putting together the budget the position in the police department of animal control, there were two positions at the time the budget was prepared both by the police department through my office, as well as through finance. One of the positions at the time was vacant, so somehow in the process of putting it together it was left out of a portion of the budget and where it belonged in the salary matrix. So, the finance department asked me to bring that budget amendment forward to you to make it clear we have positions for it and that there is adequate funding available to put it in the slot where it needs to be appropriately and there is already a person in that position as it is. The second one is our benefits specialist. We have done some reorganization is our department in the two years -- two years tomorrow that I have been here and one of those was moving a position that was primarily clerical into one that primarily focuses attention on benefits for the employees. That person manages our benefits committee, they oversee our wellness committee, they manage all of the city benefits for the employees, they prepare all the paperwork that goes to our vendors for those employees, they manage all of the work comp programs and it's been a two year process of moving that position from, again, as simply primarily a clerical position to one, really, that has much more significant oversight responsibilities. Well, when we did that -- and as you all probably recall when we did all of the changes in the different levels of where the positions belong, as well as the salaries for them, this one was left in the existing position it was as a clerical function and not put in where it belongs in this specialist position. So, this is another one that, I'm sorry, again, it's my own oversight that we missed that one position and it's a one pay grade difference is where it moved to. So, the finance department asked me to bring that forward as well for your review, so that we can put it in the proper slot as we begin this budget year. Both of these positions -- part of the reason is the way our positions are funded, these particular ones receive their funding from the beginning of the fiscal year, therefore, there is no salary savings or anything that sometimes other Meridian City Council • October 3, 2006 Page 23 of 54 positions are able to accommodate that. These just aren't. So, that's why they are in front of you tonight and I just seek your approval for both of those minor amendments. If you all recall, these will be on the list that we do at the end of the budget year that will include all of the different changes you have done and these will be ones right behind the park ones you have already approved, so -- De Weerd: Council, any questions? Rountree: I have none. De Weerd: Okay. Seeing none. Oh, Mr. Wardle, did you -- Wardle: Madam Mayor -- I don't have any questions, I have a motion. De Weerd: Okay. Wardle: I move that we approve budget amendment for the police department and for the human resources. Borton: Second. De Weerd: I have a motion and a second to approve the budget amendment in front of you. Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. 2. ASCAP, BM1, and SESAC Music Licensing Agreements: De Weerd: Okay. Item two. Nary: Thank you, Madam Mayor, Members of the Council. The second one is one that some of you may have seen. We received a lot of information, almost to the point of junk mail from ASCAP, BMI and SESAC -- De Weerd: No. To the point of junk mail. Nary: To the point of junk mail and to the point of telephone harassment. We do get a lot of contact from these folks and they are the watch dogs of the music industry and there are numerous licensing agencies, but these three are probably the primary ones that we probably have any interaction with. It is our recommendation from the legal department that the city I guess move forward with joining these licensing agencies for music. A few years ago some of you were on the Council at the time we had an analysis done by our legal counsel at that time on whether or not we needed to do this Meridian City Council • • October 3, 2006 Page 24 of 54 and what they were looking at the time was music on hold and music in parks programs. At that particular time we didn't -- and Mr. Berg can correct me if I'm wrong, we were using a music on hold type of program. We stopped doing it and we weren't using a lot of music in our programs in the parks department because we didn't have a lot of programs that were geared towards either children or aerobic exercising or things that music was a natural part of. So, at that particular time the decision was made that there wasn't a necessity to do that. These folks are very very diligent and I think -- I guess editorially the way they seek compliance is it is fairly inexpensive to join, it is fairly onerous and expensive not to join and get caught either having to defend yourself in a lawsuit claim or having to pay a penalty for not getting the licensing that's appropriate. It was our opinion -- Ms. Kane from our office did the analysis and it was her opinion and Mr. Baird and I agreed that we as a city are growing large enough and diverse enough that joining these agencies is worth the investment and cost of participating, because it allows for the expansive use of music in our parks programs, children's programs that we now have much more participation in and more of an opportunity to use that and, in fact, Ms. Kane said today if we can use music on hold, we are going to pay for it anyway, we may as well do it. But she was -- but it's our opinion we should -- we should approve -- we should participate in these. We recommend -- there are the three agreements that are in your packet. If you are in agreement with that you can move those forward for approval if you want to do that. We did prepare those for budget year to budget year. I think the music licensing agreement companies look at it on a calendar years basis, but I think we can -- we can do it within a budget year cycle. I will contact the finance department and determine how they want -- where that funding can come from under the current budget or if they think an amendment is appropriate for that. We have line items in the various departments, whether it's parks, the legal department, the Mayor and the Council budgets for dues and memberships and things and we can do that for the first year and, then, slot that into the parks department probably would be the most appropriate in the future. If you have any questions I have provided you that memo from Ms. Kane and if you have any other questions about that I will be happy to answer them. It's 1,873 dollars for the year. De Weerd: As you can see in front of you, the cost is minimal, but I would disagree with Mr. Nary on one thing is it will actually cost us less, because the staff time in responding to the numerous phone calls and letters have been enormous. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: It's an interesting process that these companies go through. I have been involved in helping local establishments deal with these companies, who actually -- they have employees whose job it is to go to bars and listen to rock music and take notes and tum it in. That's their vocation. I don't know if they are accepting applications. I don't know -- it's a pretty fascinating career path. At any rate -- and they are a pain to wrestle with. Absolutely a pain. But I do want to note that what Ms. Kane did and our city attorney's office is a phenomenal work in giving us the background necessary to Meridian City Council • October 3, 2006 Page 25 of 54 make a decision. I do agree that we should go forward with this, but I want to specifically comment and let the Council and the public know of the top notch work done. We truly appreciate it and tell Emily that she's done a fantastic job. So, I do think we should go forward and sign all three agreements and put something jazzy on the city hold. Big library we get to choose from. Bird: Is that a motion? Borton: And I would move that we approve legal, I guess, entering into the necessary licensing contracts with ASCAP, BMI, and SESAC. Bird: For the amount of -- Borton: For the amount of 1,873. Bird: Second. De Weerd: Okay. I have a motion and a second to approve the request in front of you. If there is no discussion, Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, nay; Wardle, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE NAY. De Weerd: Well, I'm sure glad it passed, because, otherwise, I'm forwarding you all the phone calls. Item 7: Items Moved from Consent Agenda: De Weerd: Okay. Thank you. There were no items moved from Item 7. Item 8: FP 06-043 Request for Final Plat approval for 19 single-family residential building lots and 5 common lots on 3.92 acres in an R-8 zone for Tapestry Subdivision by Raftis Tapestry, LLC — 635 and 675 South Linder Road: De Weerd: So, we will move to Item 8, which is FP 06-043. We do have a letter from the applicant approving or -- that they are in agreement with staff conditions. So, if Mr. Hood does not have any further comments, Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve FP 06-043. Meridian City Council • October 3, 2006 Page 26 of 54 Rountree: Second. De Weerd: Okay. I have a motion and a second to approve Item 8. Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 9: Public Hearing: AZ 06-030 Request for Annexation and Zoning of 8.03 acres to an R-8 zone for Northborough Subdivision by Gemstar Development, LLC — north side of Ustick Road and east of Linder Road: Item 10: Public Hearing: PP 06-030 Request for Preliminary Plat approval of 35 residential lots and 4 common lots on 8.03 acres in a proposed R-8 zone for Northborough Subdivision by Gemstar Development, LLC — north side of Ustick Road and east of Linder Road: De Weerd: Okay. Items 9 and 10 are Public Hearing AZ 06-030 and PP 06-030. 1 will open these two public hearings with staff comments. Hood: Thank you, Madam Mayor and Members of the Council. The subject applications before you are for Northborough Subdivision. The site is located on the north of Ustick about 700 feet from Linder. Just for general reference in the vicinity of this project there is a three acre parcel directly to the north of the project. Sawtooth Middle School is, then, north of that. You can see on the aerial just almost off the screen. To the south is the proposed Southwick Subdivision and, then, to the east and west is still large county parcels. The subject applications are request for annexation and zoning of the 8.03 acres to R-8 and a preliminary plat that includes 34 single family lots and four common lots. The average lot size is 7,758 square feet. The gross density is 4.23 dwelling units per acre and the net is 7.17 dwelling units per acre. There is about 13 and a half percent of the site being set aside for open space. There is an existing -- I'm sorry the scaling didn't come in very well with the plat. If you -- north would be facing to the left there. There is an exist private lane that basically bisects this property north -south, separating it east -west and there is that existing three acre parcel, again, in the county that uses that today as access. That will need to be vacated as part of this application, so you will be seeing the application in the future to request to vacate that private lane easement. A couple of outstanding issues, if you will, for the City Council that staff brought up for the Planning and Zoning Commission, the Commission did not make any changes to what the applicant proposed, but in the staff report we did have a statement or two in there about wanting to see the applicant consider an alternative design for Block 4 and I'm going to talk about that for just a second. Block 4 is right here and, again, I apologize, it's hard to see. There is six lots within Block 4. The lot itself is about 150 by 150. Pretty square. It's a very short block and although the UDC doesn't have any minimum block length requirement, it's a lot of asphalt and we just think that there may be a better design and use for this part of the Meridian City Council October 3, 2006 Page 27 of 54 project anyways. Again, the Commission did not make any changes, did not take staffs recommendation for that change, but I did want to bring it up to you. The other thing I did want to call out by the White Drain stub -- White Drain stub is located on this side of the property. During the hearings the applicant -- during the Planning and Zoning Commission hearing, the applicant stated that they would like to leave that drain open. I didn't see anything in the file from Nampa -Meridian or anyone saying that it would take a large capacity facility. That's generally -- or if it's being used as an amenity, that's generally when the City Council will allow an irrigation ditch, lateral, or canal that's not a natural waterway to remain open. So, I would like the applicant to further talk about that I guess this evening and if, in fact, they still want to leave it open and the basis for that request, I guess. The Commission did act on this application on August 31st and did send forward a favorable recommendation with some minor changes that are in the staff report. With that I think I will stand for any questions you may have. De Weerd: Thank you, Caleb. Any questions for staff at this time? Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Caleb, did you -- when you made reference to alternative designs, is there an idea or ideas that have been tossed around with the applicant to fix your concerns? Hood: Madam Mayor, Councilman Borton, I personally did not. I was not involved with this project. I don't know if staff threw out any alternative designs at the applicant or played with the roadway system to see what would be a more effective design. Jenny Veatch did write the staff report and worked with Anna and Shawn, I think, but I don't know if anything was ever put down on paper. De Weerd: Okay. Mr. Rountree. Rountree: Madam Mayor. Caleb, would you put up the area map that shows all the surrounding zoning? Okay. Thank you. That's all I needed. De Weerd: Caleb, where is it contiguous then? Hood; Madam Mayor, Members of the Council, this is Southwick here and it doesn't -- for some reason the mapping system hasn't showed it in yellow, so I don't know -- and, actually, I'm not even sure that that annexation ordinance has been finalized or not. That would be the point. Again, I don't know -- I can check to see if the ordinance was done. Usually we don't -- you know, we can't process an application if it's not contiguous to the city limits, so -- De Weerd: Caleb, I guess the only other question I have is this is an area that has been a real challenge in that as people and families live there, there is a greater potential of kids walking to school in an area that has no sidewalks. The areas across the street Meridian City Council • October 3, 2006 Page 28 of 54 just south of Ustick have an opportunity to walk maybe in a convoluted way, but up Venable Lane, but how is this to connect to the school, other than send the kids down Ustick, which is a really bad road. Hood: And, Madam Mayor, there is no direct connection, obviously, to the school at this point. The middle school is -- this applicant would only be required to construct a sidewalk adjacent to their property fronting Ustick Road. There may be some potential in the future for crossing -- I believe the owner of the property to the north is here this evening and would like to testify. I don't know how supportive the school district would be of a pedestrian connection, at least through this development to the school, but that is -- there is some potential there when that property redevelops, if, in fact, it does redevelop here in the near future. But today they would be forced out onto Ustick Road and up to Linder Road. Neither one have sidewalk until you get to the school. De Weerd: Okay. Thank you. Okay. Council, if there is no further questions, I would ask the applicant to come forward. Nickle: I did e-mail this to Barb this afternoon, but I guess she had a half day, so she didn't get it on the presentation. Shawn Nickle, 148 North 2nd Street in Eagle, Suite 101, here representing Gemstar Development. I did provide this color copy for you that -- that's come out a little clearer than staffs. Madam Mayor and Commissioners, first off on the issue on the redesign, we did meet with staff a couple of times to try to come up with an alternative plan and we had our engineer layout four or five different plans to try to -- to try to design this project considering all the constraints that were associated with it, providing, you know, stub streets to the east. This parcel right here I believe is commercial, so we had to avoid that for a stub -- a residential stub, providing the stub to the north, a stub to the west. We had the drain to contend with. So, one of our earlier designs showed two cul-de-sacs right here and we didn't feel that was really appropriate to provide interconnectivity and we feel that this internal block -- there is the six lots -- this does provide -- it is a little more asphalt than the developer would like to even see on there, but just to try to keep this flowing, we thought it was not appropriate to have two cul-de-sacs in such a small piece of property. With regards to the drain, this is, actually, the first time we heard this come up, but it's been our intent all along to leave the drain open as part of our -- part of our amenity is the open drain. There is a lot of mature trees back here. We do have a tot lot right here that will be fenced off. Actually, the whole -- the whole drain will be fenced off. With regards to the connection to the school -- and if staff could put up the area map again. And, unfortunately, as splits occurred in the county before the city came along and annexed a lot of the property -- and you have heard me talk about this before, you end up with these really funky lots and this one really is no exception in trying to -- trying to get as many lots as we can to develop it's kind of hard not being able to purchase, you know, everything out there like the developer would tend to, to make it more -- make it a better design. We are stuck with this little piece right here now. We do have a stub to the north and we also have a stub to the west. In discussions with this gentleman right here, it doesn't sound like he's too long -- it's too long before he's going to be selling to a developer. If staff could verify Meridian City Council • October 3, 2006 Page 29 of 54 the land use -- I believe this was the recently approved comp plan for mixed use; is that correct? Hood: Mixed use. Nickle: Okay. And all indications are that they are going to be developed in a reasonable amount of time. So, I think we are going to -- we are going to see improvements along Linder and Ustick relatively soon. I don't know if it's as soon as the city would like to see it, but in this case, this being kind of an island right here, you know, we did -- we did keep that in consideration, but there is really nothing we can do, but we are confident that that is going to occur, you know, relatively soon. I think that's all we have. We are in favor of the staffs recommendation and the city Planning and Zoning Commission's recommendation. I'll stand for any specific questions you have at this point. De Weerd: Council, any questions at this point? Bird: I have none. De Weerd: Mr. Rountree. Rountree: Madam Mayor, I'm confused how a drain can be an amenity when you are going to fence it off. Nickle: It's more of -- if staff can put the colored back up there. It's more of a visual esthetic with the mature trees and the openness back here. This is going to be a see through fence, it won't be solid, so it can provide that open feel to these lots here and here. So, it's more of a natural -- yeah, we are not -- we are not going to have people playing in the ditch itself and it is not that large of a ditch. It's more of an esthetic amenity. Rountree: Follow up. De Weerd: Uh-huh. Rountree: So, am I to understand we will have some kind of a landscape design and some kind of a maintenance agreement in the CC&Rs that that will be taken care of? Nickle: With the -- in coordination with the irrigation district, because there is an easement located right here. De Weerd: I guess that raises a question from me. If you're fencing it off, is the fenced off open space part of your open space allocation? Nickle: It's part of the -- I believe it's part of the 13.5 percent that Caleb spoke of, but it doesn't -- it's not included within our required five percent. In other words, our -- the five Meridian City Council October 3, 2006 Page 30 of 54 percent required is our tot lot and this area right here and this area right here. It doesn't include the landscape strip on Ustick or that -- that drain area. De Weerd: And the area that you pointed out that seems to stub into it, what is the use for that? Nickle: This right here will be landscape. It will be some drainage and it also provides access back to this area right here. More of a passive walking path back here along the back and in that -- there will be a clear vision fence along the easement line of the ditch itself. That will be what will not be usable. This area will all be accessible and fenced off for safety, but open fencing and, then, the tot lot itself. De Weerd: Does that mean chain link? Nickle: Wrought iron. De Weerd: Okay. Okay. Any other questions, Council? Thank you. Nickle: Thank you. De Weerd: We do have a couple of people who did sign up to indicate their neutrality in this. If you would like to provide testimony when I call your name, please, step forward. Steven Lloyd is signed up neutral. If you will, please, state your name and address. Lloyd: Steven Lloyd and I am at 1371 West Ustick, which is directly to the north. De Weerd: Okay. Caleb, do you want to show the other map? And there is a pointer there in front of you, if you can maybe point out to Council where your property is. If we find it. There you go. Lloyd: Okay. Well, I am that parcel there, this parcel here, and, then, this triangular parcel. De Weerd: Okay. Thank you. Lloyd: So, I'm between there and the school. De Weerd: Thank you, sir. Lloyd: Okay. I might be able to clear up a few things as far as the ditch goes. Like I said on the -- or I put down neutral, I'm not really -- I guess I'm more for than for against, but I do have some issues that I'd like -- I think I'm probably more affected with this than anybody, because I am just a slight bit landlocked back there. That -- right now, currently, the blue line is my driveway that goes through it, 700 feet long. So, that would be my first issue when they starting building the subdivision, I would -- I don't want to get stuck with -- I have seen these developments go before and as they happen, you Meridian City Council • • October 3, 2006 Page 31 of 54 know, there is heavy equipment in there and it could go on for -- I would like to know how long it's going to go on and when it's -- the pavement is going to happen, what is my access going to be throughout the process, how often will I be moved around, will there be certain days that I cannot even access my property. What I'd like to see happen if it goes forward -- because I'm not against it happening, because, actually, when it does happen I do receive services back there to my stub and that's not a bad -- necessarily a bad thing for me, but if I -- as soon as they start breaking ground on this, I'm pretty sure I will not be able to get through this lane anymore, since I'm going to vacate it. So, what I'm going to ask them to do or I'd like to see happen, if I could suggest it, would be that I have a driveway -- and I am willing to go down this -- that is the west property line and I would like that access to be there throughout the entire project. Now, we run into some problems when we get to this little stub road here, they are going to have to do that. So, what do we do when that happens? What happens when they run pressurized irrigation down the back of the lots right where the driveway that I'm going to need to have? These kinds of issues are what I would like to have answered before, you know, I vacate my road that's in there now and, if I have a choice. I don't even know if I have a choice in the matter, as far as that goes. My number one concern is that at no point during this whole process am I ever not allowed to get to my house. There is emergency concerns, there is, you know, emergency vehicles, fire, whatever. And if so, if there are going to be times where, you know, that the communication between myself the developer is notched up -- I'd like to see it notched up a little bit more than it has been throughout the process to this point. Okay. Because, like I said, I'm pretty well affected by the whole deal. I do have some concerns about traffic. Sony, the red light's on, but I don't know if you have been here during -- we have a subdivision going here, here, this parcel right here has been purchased. These people are selling probably within the next 20 or 30 days. I don't know about this and I don't know about this. The traffic backs up from this stop light right here -- stop sign right here to right about there at 5:00 o'clock at night. At Linder it's backed up just about the entire mile when the school lets out right here all the way back. This isn't too bad. This is backed up at least a half a mile for -- from about 5:00 o'clock until 6:30. I'm sure some of you have been there at that time. It's impossible to get through. So, I don't know, we have got four or five hundred -- I don't know how many houses are going in all this area here. What are we going to do with this roadway through here? I know that it cannot handle what we have now. I want to know, you know, how is it going to handle all this increased traffic. There is going to be 35 lots -- okay, there is 70 more cars right there coming in and out of there every morning and every evening. That's an issue as far as I'm concerned. What else do I have? As far as connection to the school, if this goes through and this happens the way we think it's going to do, I have talked to Planning and Zoning and I'm going to possibly do something in here. And if that happens, my plan is to talk to the school district and run a pathway right along this property line and over to access the school. So, that could happen at some point in time and I would -- if it was fenced between this property line and, then, my property through here, I plan on keeping this back acreage right through here and, then, doing something up here. I would not be opposed to a little fenced off pathway that goes through that connects to the subdivision. Okay. The option is still there for the developer, if they want this parcel here and that helps them get through Meridian City Council October 3, 2006 Page 32 of 54 with the connection, that's always an option as well. I'm not trying to be a real estate agent here at City Council, but that -- I do know that this is going to be developed, the subdivision is going to -- they are going to try to connect it through with the meetings that I have had with these people. This is all supposedly going to be sold right away, so there is going to be some other access points that go through. The drain ditch. I would like some more research done on this drain ditch, because all the homeowners -- this homeowner, this homeowner over here -- the drain ditch used to come, I believe, from way down here. It's all closed off now all the way through to this point, I believe, and, then, it's just a little bit of it right through here. The only thing that's coming into it is one homeowners drainage is coming through when he irrigates his field. It's a very minimal amount of water. It's -- I think it should be filled in. Most of the other homeowners around agree. And as far as everybody has told me, the research we found is it's a private ditch anyway. So, it could be filled in and I think it would look a lot better if this -- whoever buys this I think they are going to probably want to do the same thing. We have a lot of usable space here that is taken up by this drain ditch. It's about six feet deep, about 25, 30 feet wide and it's overgrown with weeds, bushes, and trees. So, there are a lot of big existing trees that we'd like to stay, but I think it could be cleaned up and the easiest way to take care of this drain ditch -- as soon as this gentleman right here sells, nobody else -- these two properties, which is happening as we speak, nobody else is draining into this ditch. It can be -- and it has been filled in all the way to this point right here. So, it's also another issue that we could look at as far as that drain ditch goes, because I know I want to fill mine in. There is about a half acre of space that I can't use because of it, so -- and I get absolutely no benefit out of it, except for kind of a -- you know, mosquitoes and numerous other things that come rolling through it. So, it's -- it's an eye sore for my property. It would look pretty good if it was cleaned up from the -- from the aspect of the new subdivision, however. If it was maintained it would look pretty decent. So, that's -- that's about all I have. De Weerd: Thank you. Lloyd: Okay. Thank you. De Weerd: Council, I apologize, I know his time was up and I got caught up in what he was saying and didn't pay attention to it. So, I apologize. Rountree: That's all right. It was good information. De Weerd: Yes. Lester Vogel is signed up neutral. Good evening. Vogel: Good evening. Yes. My name is Lester Vogel and we live at 3610 North Linder Road, right south of Sawtooth school. And we don't have any concerns with the subdivision, but I guess you have a list of concerns we wrote in. And my concerns are with the fence and I have already talked to the developer and they said they would consider all my concerns with the fence and probably we will need an electric fence on the west side of that, because livestock would be rubbing on it if you didn't have an electric fence. And the irrigation water that comes down in front of the property, it Meridian City Council • • October 3, 2006 Page 33 of 54 comes up and feeds our property, so we will need a way to get into change the water there. We'll have to have a headgate. And the elevation we have talked to the developer about and they are going to try to keep the elevation up so that it doesn't -- when we flood irrigate it doesn't flow into their property. So, other than that, we don't have -- and there is a neighbor -- we have tried to work with them and they have been good to -- whenever I have called and talked to them. So, maybe we are on the right track on this one. When the school went in and Watersong and some of them, they didn't have our concerns -- they just kind of went the way they wanted to and they didn't -- here they made our problems -- their problems our problems and they are still that way and I'd like to, you know, get along -- as a neighbor I will work with them and I will do -- go 50-50, whatever it takes to get the project done. And I have -- I'd like to get the inspector to make sure things are done right before he signs off. We had a little project with the sewer when Meridian done the sewer up Ustick Road that kind of left us in a bind. We finally had to take care of ourself. And that's all I have to say. Thank you. De Weerd: Thank you. Questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Yes. Rountree: You heard Mr. Lloyd's comments about the White Drain. Do you drain any irrigation water that direction? Vogel: Yes, I do. Rountree: So, you do use the White Drain? Vogel: Yeah. And to the east of this project -- I don't know whether I know how to run this thing. This property irrigates -- flood irrigates and drains into that ditch. The ditch starts right there and it drains in there and this property drains into it and this property drains into it. Until it's developed. And we drain into it right up there. Rountree: Okay. Thank you. Vogel: I think it takes about an 18 inch pipe to cant' that water. But our irrigation comes down along here and right at this point it goes to the west and, then, we have to take it right up to here and there. So, right in here is where we are going to have to have access to our -- to change the water. This is -- all this property down in here has been on a rotation for years and years and so this water -- they will take it out with a weir and it will skim off a little bit and the rest of it will go down here and, then, this property and this little portion here, but they will -- somehow they are going to -- when they irrigate there will not be water for this and it's not too long a time, but -- until this property develops and they won't be able to irrigate. Any other questions? Rountree: No. Thank you. Meridian City Council • • October 3, 2006 Page 34 of 54 De Weerd: Thank you, sir. Okay. This is a Public Hearing. Is there anyone who would like to provide testimony on this application? Okay. Would the applicant like to come for final remarks. Nickle: Thank you, Madam Mayor. Again, Shawn Nickle. To address Mr. Lloyd's concerns or comment, we will absolutely work with him and make sure he has access at all times back his property and we will coordinate exactly where that driveway needs to be and make sure that it's open. These two gentlemen that are sitting right here will be responsible for that and I'll make sure that Mr. Lloyd talks to them and gets phone numbers and actually knows how to get ahold of Gemstar. But, yes, we have no intention of ever cutting him off at any point. With regards to the drain, considering the testimony tonight, I guess we'd like the ability -- if we do go in there and pipe that -- it sounds like we are going to be piping for a short period of time -- or the need for it to be piped is going to be for a short period of while these -- until these properties develop right here, if we do go in and pipe it, we are going to lose a lot of those mature trees, so I would like to have the ability to kind of research and see, you know, exactly what -- just to make sure that these are the only properties that go into it and, then, have the ability to go in and fill it in and clean it up and not remove those trees by piping what it sounds like is going to be maybe a couple years that we are to pipe before it will be abandoned, because it doesn't sound like there is a whole lot of property that would drain into that. We, obviously, would maintain flow at this current time on it. And also Mr. Lloyd's question about completion as -- this will be one phase. It will start in the spring and it will be 120 day duration to completion of the construction of the road system and the sewer and water lines and all that. So, I will stand for any other questions you may have. De Weerd: I guess while you're there I will just make my little editorial remark is when this came in as part of the Comp Plan to consider that as a neighborhood center or neighborhood mixed use, my whole concern was looking at this area one piece at a time, because there are a number of issues and the drainage and the sidewalks and the connecting to a real critical piece for me in the safety of the residents we would be putting in and around that, as well with the road that's very heavily traveled, it is hard to look at this critical piece one piece at a time. If everyone seems to be selling at the same time, it would be nice to see a master plan or how all of these pieces would fit together, so that we know infrastructural -wise how those pieces are going to fit together. So, again, that's my editorial piece and it was a concern I had then and I continue to have now. Nickle: And, Madam Mayor, it's, obviously, frustrating and difficult for us to try to plan these type of properties piecemeal as well. Unfortunately, getting all the property owners and the develops together never -- never ever works out. It doesn't seem like anyone wants to sell their property or even talk to anybody until the piece next to them develops and gets approved -- or gets approved and all of a sudden they are willing to sell when this happens. Nearly every time we develop a small piece like this we are -- the next day someone comes in and says, okay, we are ready to develop and it's like, Meridian City Council • • October 3, 2006 Page 35 of 54 well, it would have been nice if we could have done that and planned it at the beginning. I do share your concerns. It is difficult to try to accomplish that. I think we have done a pretty good job in the past, as fast as these areas are growing and developing, I have no -- no concern that you're not going to see development on most of these properties in the next three to five years and it sounds like Mr. Lloyd -- and at one time we actually had a portion -- or, actually, I think we had most of Mr. Lloyd's property as part of this -- as part of our original design, but negotiations fell through and I believe Mr. Lloyd has at least considered going at it himself and so you are going to see -- and he did state for the record that he might be interested in providing a pathway there. So, I think you have an opportunity to get something a little sooner to the north and connect into that school and not have to wait for these few parcels here to develop. But I do agree with your comments. De Weerd: Well -- and I do appreciate what you're saying and all of the pieces coming together over a certain time. Well, Ustick's not even on a five year plan right now and so, again, just one more piece of my concern. Council, any questions for the applicant at this time? Bird: I have none. De Weerd: Okay. Hood: Madam Mayor? De Weerd: Yes. Hood: If I may, while Shawn's at the podium, I think you brought Southwick before the Council, did you not? Isn't that correct, Shawn? Can you help us out with the contiguity thing and where that's at, because we don't see that the annexation ordinance has been completed yet. Nickle: Caleb, thank you, I did have that to discuss. I believe two weeks ago you guys acted on the ordinance. I think it was on your agenda two weeks ago. I don't know if the clerk can verify that now or if you have to go back to the records, but -- okay, two weeks ago the ordinance was approved. So, this should be published as the annexation. Hood: Okay. We just couldn't find that and I guess just until that happens, if it hasn't happened, of course, we can't have the ordinance until that happens, so thank you. Nickle: Thank you. De Weerd: Okay. Council, do you need any further information from the applicant for staff? Bird: Madam Mayor? Meridian City Council • October 3, 2006 Page 36 of 54 De Weerd: Mr. Bird. Bird: If we are all going to be tongue tied, I move that we close Items No. 9 and 10. Borton: Second. De Weerd: Okay. I have motion and a second to close Items 9 and 10. All those in favor say aye. Any opposed? Okay. Discussion? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Just to throw out my thoughts. This is a different situation on a parcel like this. I share the Mayor's concerns with efforts of somewhat piecemeal development, you know through no fault of the developers or landowners, some situations you have got small parcels. I think Shawn's comments about the difficulty in trying to get other people involved in assembling proprieties and doing more the master plan concept that the Mayor talked about, it's extremely difficult, perhaps -- perhaps that's our fault, not the developer's fault, to the extent we allow it to happen. If things come before us in a piecemeal fashion and we approve them we are, in a sense, telling the community that it's acceptable by us. So, maybe some of the fault lies on our end. Having said that and in light of what Shawn has talked about with regards to what might be happening in the relatively near future, there would be other parcels, so it's not parcel -- a private parcel in this location in this area that I'm encouraged about and I am not inclined to approve it. I don't think, in light of those concerns, it's necessary for the city to take this on at this point. I'd like to see it joined to other parcels before at least I'm willing to go forward with it. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I don't disagree with what Joe said, but one of the issues that really stands out to me is that we have an adjacent property owner who will be significantly impacted by this and seemed pretty agreeable to what was going on, but indicated that there had been little or no agreement as it relates to his access to his property and it seems to me that this is one of my favorite topics, lanes, and I would just as soon not have a property with a lane annexed into the City of Meridian without some kind of agreement in place between the affected parties. So, I'm not inclined to support moving forward with this particular application until all the homework is done. De Weerd: Okay. Any other comments? Okay. Do I have a motion? Rountree: Madam Mayor? Meridian City Council • October 3, 2006 Page 37 of 54 De Weerd: Mr. Rountree. Rountree: I move that we deny Item 9, annexation request -- somewhere here. AZ 06- 030. Borton: Second. De Weerd: Okay. I have a motion and a second to deny Item No. 9. Is there any discussion? Hearing none, Mr. Berg. Roll -Call: Bird, nay; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE NAY. De Weerd: Okay. Item 10. Mr. Nary, since we don't have an annexation, do we still need a motion? Nary: Madam Mayor, yes, you would. De Weerd: Okay. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we deny Item 10, PP 06-030, preliminary plat. Borton: Second. De Weerd: Okay. I have a motion to deny Item 10. Mr. Berg, will you, please, call roll. Roll -Call: Bird, nay; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE NAY. Item 11: Public Hearing: AZ 06-035 Request for Annexation and Zoning of 12.06 acres to C -C (1.50 acres) and R-40 (10.56 acres) zones for Regency at River Valle v by The Regency at River Valley, LLC — east of Eagle Road and north of Fairview Avenue: Item 12: Public Hearing: CUP 06-022 Request for a Conditional Use Permit approval to construct a multi -family development consisting of 204 multi- family dwelling units on 12.06 acres in a proposed R-40 zone for Regency at River Valley by The Regency at River Valley, LLC — east of Eagle Road and north of Fairview Avenue: Meridian City Council • October 3, 2006 Page 38 of 54 Item 13: Public Hearing: VAR 06-014 Request for a Variance to UDC 11 -3C -6A to provide less than 2 covered parking stalls for each multi -family dwelling unit for Regency at River Valley by The Regency at River Valley, LLC — east of Eagle Road and north of Fairview Avenue: Item 14: Public Hearing: VAR 06-015 Request for a Variance to UDC 11- 4.3.27133 to provide less than 80 square feet of private, usable open space for each multi -dwelling unit Regency at River Valley by The Regency at River Valley, LLC — east of Eagle Road and north of Fairview Avenue: Item 15: Public Hearing: VAR 06-016 Request for a Variance to UDC 11-3H-4132 to construct a vehicular access to a state highway at a location other than a section line road or the half mile mark between sections Regency at River Valley by The Regency at River Valley, LLC — east of Eagle Road and north of Fairview Avenue: De Weerd: Okay. Thank You. Items 11, 12, 13, 14 and 15 are all public hearings on this same application or same subdivision. AZ 06-035, CUP 06-022, VAR 06-014, VAR 06-015, and VAR 06-016. 1 will open these public hearings with staff comments. Hood: Thank you, Madam Mayor, Members of the Council. The Regency Subdivision - - there is, actually, not a subdivision application associated with this project. I'll talk about that a little bit more later. There are two parcels that you can see outlined here in the teal color just south of the C -G. That's our subject site. It is located on the east side of Eagle Road, approximately a half mile north of Fairview Avenue. I'll throw up the aerial here. To the north is the Finch Lateral and, again, I'll talk about that here in a minute as well. There are also some single family homes mixed in here on some large parcels. Most of this has been zoned in the city with a commercial designation as part of the Redfeather development. There aren't any commercial uses approved on this site currently, but, again, it is zoned C -G in the city. To the west is Stokesbeny Subdivision. It's an office park. And, then, you have got the elementary school, River Valley Elementary School, just to the west of that. To the south is the turf farms. To the east, as I mentioned, there are some future single family homes in Redfeather as it progresses back to the west. Madam Mayor, I went through all of the applications that are associated with this and I will just briefly touch on each one of them and, then, go into some more detail on each one, I guess, as well. So, annexation and zoning is 12 acres requested for zoning. 1.5 acres -- one and a half acres is requested to be C -C right on Eagle Road. So, it would be this pad site here along Eagle Road and, then, ten and a half acres is remainder area proposed for the R-40 density residential zone. Concurrent with that request is the Conditional Use Permit to construct a multi -family development that consists of 204 multi -family dwelling units. Now, this is a little bit different multi -family development than we are used to seeing in that they are multi -multi family units. There are -- most all of these are 24 unit buildings. There is a 12 unit building right here. There is a mix of bedrooms within these. Some are one and two bedrooms, some are two and three, some are one and three. This area I think is Meridian City Council • October 3, 2006 Page 39 of 54 business -- I can't read it exactly, but it's kind of got a different little professional feel to it anyways and its marketed to those folks a little bit differently. There is also a private street request -- there are several private streets. The one I want to touch on first has to do with its connection to Eagle Road, a state highway, which is not at the mid mile location. This property does have access to the mid section line. However, that does not extend out to Meridian Road at the mid section line. So, they'd ask for a variance -- a temporary variance, if you will, to have access at this access point to the development at this time. It is their only frontage. There is no other public street frontage today. Staff is recommending approval of that variance on a temporary basis until this public street -- public collector roadway can you extend out to Eagle Road, get a signal put in here and, then, this will be the primary entrance into the development until Allys Way, which I'll touch on here -- a little bit here in a minute, gets pushed up to Ustick Road. So, as a condition for recommending approval -- a temporary approval of that variance, we want to see all of these lots take access -- consolidate their access points, give cross -access, so we can eventually feed all of these properties that have access to Eagle Road down to the future public street and use this as an access and close off the access points that these parcels particularly today utilize. So, that's one of the variance requests. The other one has to do with parking. I did talk with the applicant just actually during the hearing. There is a little bit of a -- I counted the number of stalls proposed through the multi -family and, actually, I came up with a count of 403 parking stalls. They assured me that there will be at least 408 parking stalls, which is a minimum number required per the UDC in this development. The variance is related to the requirement to provide covered parking stalls. This plan is not the revised plan. Essentially, staffs recommendation is that anywhere that is not encumbered by the irrigation easement, which all these parking stalls up in here, and that are not adjacent to this building and up to about half of this building and around the loop at the clubhouse -- I'm sorry, that's the clubhouse there and open spaces and trails -- some walking trails in between. That those areas I just pointed out not be required to have either carports or garages. That's what the UDC requires. Two covered parking stalls per dwelling unit. We will talk about that a little more. The applicant, I understand, has a visual that they can show you. It's kind of color coded showing where garages are, where carports are, and where surface parking spots are. And, then, finally, the third variance request has to do with the 80 square foot private usable open space that's required for multi- family developments. This requirement was added to the UDC primarily because there is no private usable open space outside of the units that someone can call their own and barbecue or just hang out on a patio on their deck, things of that nature. The bottom units on those -- of these, if not all these, do have a patio area, but the upper two floors do not propose any private usable open space for those residents. I think real quick what I will do is I guess I'll finish with the private streets. So, all the access drives in here are private streets that will cant' a separate private lane, blue signs, so that emergency services can find the units that are addressed off of each private lane. I do have a hot -off -the -press e-mail from Joe Silva stating that he's okay with having just the one access point here and in the future the one access point being here, because all these buildings are going to be fully fire sprinklered NFP 13, which, basically, I understand is everything gets sprinklered, the attics and everything are fully sprinkled. So, there is currently a lack of access into this site, but it will be -- at least the fire Meridian City Council October 3, 2006 Page 40 of 54 department's okay with having a single access point of this development temporarily. In that same vein I want to touch on Allys Way just for a minute. Allys Avenue is what it's also been called. I'm not quite sure what it's going to end up being called, but that's the other collector that shoots up north, comes out at Lowe's. It's currently got the conduit and the signal mass and things for the signalization right there at the Lowe's entrance. ACHD is requiring developers as they come in and develop in the city to construct their portion of that collector roadway, so maybe I'll jump back to the vicinity real quick. It doesn't go all the way up, but if you can use your imagination just for a minute. Ustick Road is right there. So, we -- here probably a couple months ago ACHD on this parcel on the south, that first leg of that collector being constructed to that point, so when Redfeather comes in we will at least have the first half mile of that constructed and, then, hopefully, they will come down and tie in with Records when this property develops. And, again, we will have this connection out here. So, this applicant will be -- I think one of the requirements from ACHD was they will be road trusted for half of the requirements of a crossing of this as well, so Redfeather will do the other half and we will actually have a bridge crossing and they are constructing their portion of this collector road, which will align with River Valley or whatever it's called across the street. The development agreement is proposed by staff, just because this isn't your standard single family development that we typically see, there are quite a few -- I don't want to call them odd ball requirements, but the out of the ordinary restrictions and requirements that we felt it was a good project to have a develop agreement on and restrict the uses that occur on this property. I think I covered all the variances that were partially supportive of one, not recommending approval of the waiver of another one, and I think I'm pretty clear. If not, you can sure ask me any questions. The applicant I believe is also going to clarify what they intend to do with the Finch Lateral, aka the South Slough, if you prefer and 'similar to the last project if it's going to be tiled or not tiled. It is a pretty large facility. Maybe just quickly some more highlights -- and I will let the applicant kind of sell their project, if you will, to you, but the gross density of River Valley is 17.86 dwelling units per acre. There is approximately 2.7 acres or 22 percent of the site being set aside for open space. They are providing a community clubhouse with an exercise room, billiards table, a lounge area, a barbecue area, dining facilities, children's play area, tot lot, the open space I mentioned, a hot tub and pool, a water amenity right in the center of clubhouse visitor area and walking trails throughout as I mentioned earlier as well. With that I think I have touched on all of my points and, hopefully, gave you the -- I gave the full view of the project and what's before you all and allow the applicant to supplement that, but if you have any questions I will be available for those. De Weerd: Okay. Caleb, I guess I just need a little more clarity on the connecting -- maybe a backage road per se that runs parallel to Eagle between this multi -family and the commercial piece. Is that currently in that design? Hood: Yeah. Madam Mayor, the piece they own -- and maybe I'll jump back real quick, just to the parcel configuration. So, everything here is what's going to be C -C. So, that north side -- south driveway is there and, then, these parcels -- there is two to the south and one to the north. I don't know if that helps or not, but the cross -access would be -- Meridian City Council October 3, 2006 Page 41 of 54 De Weerd: They are just running it through a parking lot? Hood: Correct. It's a backage road that will be -- the building and parking between Eagle Road and this backage drive aisle. It does have -- as you can see in this conceptual -- and totally conceptual in nature, there is a development agreement requirement that that come back in for at least design review approval, if not Conditional Use Permit approval. I can't remember. And, yeah, I don't know that this parking lot layout would fly when we review it, but the idea is to get a drive aisle connection to the property to the north and the property to the south and that could or may not have -- preferably may not have on back off parking or people backing into that drive aisle. That's certainly something that -- if that's the desire of the Council to restrict it further than that, I guess, but, again, we haven't spent too much time reviewing that parcel, because there is no real -- they don't have anyone that's ready to move in there now and the plan is just conceptual. We could use this as a potential use. De Weerd: I don't know what our chief of police thinks, but running a two way through a parking lot can't be all that safe and when it's private it makes is more cumbersome. But, chief, do you have any comments on that? Musser: Madam Mayor, Members of the Council, you're absolutely right, it would be cumbersome and if it becomes a private access drive there is not much enforcement in activity or anything else we can do on that, especially in terms of a two way. We can still respond in there reference collisions, but there are probably other ways to look at designing it. De Weerd: Thank you. Okay. Council, any questions for staff before I call the applicant up? Rountree: I have none. De Weerd: Thank you. Is the applicant -- if you will, please, state your name and address for the record. Rindlisbacher: Yes, Madam Mayor and Members of the City Council, grateful to be here and to discuss this project. My name is Greg Rindlisbacher with the Bach Team. Our address is 11650 South State Street, Draper, Utah. I just want to kind of quickly overview what our company does and the project that we are proposing, so you can have an idea of what type of product we produce and that will help clarify I think a lot of questions that you may have and concerns. De Weerd: Thank you. Rindlisbacher: And, then, we will haggle from there. And I'm hoping this clicker will work. Okay. As Caleb mentioned, this is the project that we are proposing to do. We have been in business now for about 30 years and we specialize in doing apartment Meridian City Council • October 3, 2006 Page 42 of 54 projects and residential communities. We have been doing apartments for about ten or 12 years now and through our experience we have learned a lot about what works in an apartment community, what's going to look good now, what's going to look good in five years, ten, 20 years and so these variances that we are asking for and some of the improvements that we put in the project -- and for that reason we want this to look good for years to come. We have never sold a project. We are the developer, the builder, the property manager, and the owner of the projects, but 15 years from now I can't say we will still own the property and it's still going to be part of your city. So, you know, we take a lot of pride in the project that we do and we know it's going to be here for a long time, so we want to make sure that the product we produce will last for a really long time. First of all our entrances -- this will be our primary entrance eventually. As Caleb mentioned, this is the temporary access that we are requesting. Just to clarify, Madam Mayor, your concern here, this is -- these are just cross -easements. This piece to the north is another acre, which will probably be some type of commercial development. It will be a cross -easement so they can actually come through here and access Eagle, turn, and, then, come through down here to access River Valley in the long term -- it's just these -- basically, it alleviates the traffic problem onto Eagle. They can come down to River Valley, catch the light here at the mid mile and, then, get onto Eagle safely. So, it, actually, reduced traffic congestion and safety issues onto Eagle. You see that all the time in malls where they are having cross -easements between restaurants where you can cross through different restaurant pads or different offices. Right across the street there is cross -easements between each -- each office building and you see -- I have seen that quite a bit along Eagle Drive and it really, actually, works out to the benefit of the city and traffic. The entrances to our project -- this is a typical entrance into our project. This one was built in Tri -Cities, Washington. We will have signs as you enter in, a water feature. This is another entrance sign to a project we built in Idaho Falls. This project is another shot of -- a close up of a shot in the Tri -Cities area of our entrance into the project. This is a -- we can talk about the clubhouse. There is an entry -- I'm going to show what the area here is going to look like and clubhouse and the water features. This is a water feature in Tri -Cities again. You can see the statute we do here. This is called the Crossings at Chapel Hill. We kind of followed a horse theme. We haven't quite picked the theme here for Regency, but we are going to do something similar to this. This one is up in Montana in Billings. We have got an Elk and a lot of features, actually, in front of this, but same kind of feel. Clubhouse interiors, which will be right here as you enter in. We try to make it a really nice area. We want this project to be a Class A project. This project will rival we think any project in the Treasure Valley area and, in fact, probably the state of Idaho and it's going to be something that's going to be something that residents will feel -- I think feel proud to live at and will be a nice benefit to the community. We have a 24 hour fitness center. Key card access. You can enter the fitness center and workout anytime you want. We can track who is coming and going with their key card access. Another picture of the fitness center. A pool area. We take a lot of pride in our pool areas. This will be shots that we are going to be doing something similar to this area and with our pool areas I want to mention that we have our in-house landscaping company. We do not subcontract that out. We have learned that we are very picky about our landscaping, we want it done very well and maintenance free. All of our flower beds we cover with small rock or Meridian City Council October 3, 2006 Page 43 of 54 aggregate, we put weed barrier underneath that, so when people come in to maintain it, all we need is a mow and trim and the project looks great. No weeds, always looks nice, and you will see that in these pictures. This project is in Tri -Cities, Washington, just finished a month or two ago. This one is in St. George, Utah. This one is in Twin Falls, Idaho. Another shot of St. George from the top part. We add little green areas. These are gazebos where people can come and lay out and read while their kids are swimming. Hot tub. We have water falls into the pool if area public law permits that. Common areas, which will be these areas. Tot lots. Some grass areas. Something -- similar projects we have done. This is the barbecue area. I want to point out these barbecue areas are fire proof. These are on concrete, masonry all construction, vented properly up at the top. And these are to help prevent fires. This is where we want people to barbecue and we are going to cover this in the variance request later on on the decks. This is a typical tot lot. This one's in St. George, Utah. Typical landscaping. These are the putting greens. I think this is Tri -Cities, Washington, again. This is the common area shot of our landscaping in St. George, Utah. Building interiors and exteriors. This is in Ogden, Utah, our Pinebrook property. This one, again, is in Billings, Montana. This is the Tri -Cities project again. Interior of our apartment models. This is, actually, an older unit, so we want to show some of the quality we put in here. We do nice -- nicer wood cabinets, instead of Milamean, which you see in some apartment complexes. Microwaves above the ranges. Washers and dryers back here in the laundry room. Now we come to the Regency. This is what we are proposing that the clubhouse looks like. It will be very similar to this. The color scheme will be similar to this. It's not been finalized, but very similar. A building elevation. And you can see on here we have built product in the past with private balconies on them and we are trying to get away from that and I will go through that a little bit later on. And you can see here there is private patios on the first floor, but we are not proposing these on the second and third floor, but on the first. I want to go onto the covered parking variance. We met with our engineer today and we wanted to throw the color scheme in here so you could see exactly what we proposing. We do not meet the ordinance. We have some obstacles that we cannot overcome. This north side of the South Slough or Finch Lateral, I'm not sure which one it's named. I keep hearing different names. But there is an easement there and we are not allowed to put anything along that easement, any type of structure. So, we are requesting that this variance be approved for parking. We have placed the covered carports, which are kind of in the pink color. You can see where those carports are. And the purple area -- these were blue and red. I don't know why they are purple and pink. The purple area are garages that we are proposing to put in there. There is 36 garages, upgraded from carports. We prefer to do more garages, but there is only -- it's kind of a supply and demand. We do as many as we feel like we can do for the return we can get on that investment. But it adds something a little bit nicer to the community as well. So, we have 192 covered carports, 36 garages, and, then, 180 open parking stalls, which equates to 480 parking stalls, 408, which will give you the two parking stalls per unit. Now, the back of garages are not the most beautiful things. What we have done here -- this one's in Tri -Cities. We have put a lot of landscaping behind these to kind of help hide the look from the street side. This is a public street here and we have done that to help -- you know, makes it a little esthetically pleasing. We also broke up the garage here in back. We can do that as Meridian City Council October 3, 2006 Page 44 of 54 well if the City Council would like to see that. All right. The private balcony variance. One thing we want to cover -- and I know economics isn't a thing that city councils and mayors generally look at, but we have to make the project pencil. If we are required to put in the private balconies, I'd just have to take something from the project somewhere else. Maybe it might be microwaves, it might be a tot lot -- who knows what it would be, but to make it pencil I have to put in -- I have to basically move money one way or the other and I think the return on what you get for the balcony is not that great. I still am being able to provide one-third of all the units -- one-third of all the units with private balcony space. If somebody really wants private balcony space they can rent a unit on the first floor. We are also providing in a common area places for people to come and barbecue that has been designed to be safe. So, we won't have people throwing debris -- I mean it's not -- you know, people throwing cigarette butts out on the grass. Children falling from balconies. You might think that's kind of funny, but it does happen. It happened actually two days ago in Salt Lake City where I mom actually caught the baby before it landed and got hurt. Also, a concern about barbecues being a fire hazard. People do barbecue and smoke on their -- on their balcony. Now, if they smoke on the patio outside on the first floor, it's not quite as scary, because they are on concrete. They get on the second, third floor they are on outdoor carpeting and wood deck flooring. I'll show you a few pictures and concerns. Our insurance companies do not like having people put -- I guess that document didn't show up. It's a letter from our insurance company that we just received two weeks ago. It's kind of ironic that it came at the same time, but, basically, they have gone down to our St. George project and said get these barbecues off the decks. Oh, and there it is right there. In order to -- the paragraph showed up. In order to reduce the risk of fire, gas and charcoal grills or similar devices used for cooking, heating, any purposes, should not be used on any balcony under any overhanging portion or within ten feet of any structure. So, they are concerned about that fire hazard. Here is a fire we had about months ago on a project. This was in Idaho Falls, Idaho. And as you can see, we have provided a barbecue area around the pool that the residents can use at their discretion. If it's available they can use it. A shot from the front. So, you know, in conclusion, I just want to point out we have patios on the first floor for residents to use if they want private area. We have storage units -- we have people storing -- oh, I guess this isn't quite the conclusion piece. We have people that store stuff on those balconies as well and it becomes unsightly. Now, we can try to police it, we have on-site management, but it's very difficult to police the barbecuing and people storing stuff on the balconies. You're going to see some pictures -- not all of these are from our properties, but some of them are. And, you know, it just doesn't make a goodly amount of curb appeal and we want this to be a nice place for our residents and when people drive by that are city people -- or, you know, citizens of the city, we don't want them to be thinking about all that stuff hanging out on the decks and patios. So, we would ask for your -- we'd ask for your approval on these applications that we are requesting tonight and I would be happy to field any questions that you might have. ®e Weerd: Okay. Council, any questions? Bird: I have none. Meridian City Council • October 3, 2006 Page 45 of 54 De Weerd: No? Thank you. Okay. This is a Public Hearing. Is there anyone who would like to provide testimony on this application? Stanfield: Good evening, Madam Mayor, Members of the Council. Scott Stanfield, Mason Stanfield Engineering, 314 Badiola in Caldwell, Idaho. I'll address some of the engineering issues as quick as I can. We can meet all the engineering and planning requirements for the site plan, including the 35 foot buffer along Eagle Road to the west, the 25 foot buffer along our collectors to the south, and Allys Avenue -- Allys Way to the east. We can provide our five foot minimum buffer adjacent to non -Bach owned parcels adjacent to us. We can meet the landscape island criteria inside our project. Covered parking. Again, we are asking for a variance on the covered parking. Asking for your discretion in that item. Greg indicated on the north boundary along the Slouth/Lateral Nampa -Meridian has made it clear they don't want any structures of that type inside the easement. We worked it out just prior to P&Z meeting and just recently in other discussion with Mr. Silva. We are going to put the covered patios -- or covered carports up front and in order to get around the fire code issue regarding separation for horizontal clearances with a ladder truck going over the top of them, we are going to upgrade to an NFP -12 -- 12 fire sprinklers, attics, crawl spaces, every room sprinklered, in order to go ahead and provide what cover we can adjacent to the buildings. The amenities. Greg went over the amenities quite well, I believe. The tiling of the Finch Lateral. Our boundary is generally following the Finch Lateral/South Slough. Sometimes is crosses over the center of it, sometimes it doesn't quite go that far. It's called in a metes and bounds and not necessarily following the center of it. So, we don't necessarily have ownership and certainly we don't own the entire Finch Lateral. So, the question that I would have is can we legally tile that and trespass. With all that aside, the South Slough, in my opinion, throughout the valley, acts more as a natural drainage way. It is a natural low point. If you drive up there and look at it and it looks like Ten Mile, Five Mile, Nine Mile Drain, versus a lateral that just happens to have a water right associated with it and it is a supply ditch for some downstream users, hence, the name Finch Lateral. Up and down that lateral, that slough, there are various pipe sizes. There is 48 inches, there is some in excess of 48 inches. There is some box culverts. There is some smaller than 48 inches. Downstream there has been some projects over the years that have been allowed not to tile that. Valen Courts, Woodberry, I believe, some projects north of Chateau Meadows, Waterbeny, and Clearbrook and, then, maybe even Fothergill going back many years ago. I'm not sure. Most of that, to my knowledge, has been left open over the years. I did have a conversation with Nampa - Meridian Irrigation District on September 13th and Bill Henson reiterated to that upstream of there the county -- I'm assuming he meant the highway district, has a storm drainage to overflow and when it rains the runoff goes into the slough and his comment to me was even the 48 inch is not adequate. And I asked that -- and I have copies of the letter in writing, I asked for him to put that in writing, but I haven't received that yet and I haven't had any return phone calls. So, other than my testimony and my experience, I can't offer any more than that on the Finch Lateral. But that's all I have to say and I will stand for any questions. Meridian City Council • • October 3, 2006 Page 46 of 54 De Weerd: Thank you. Any questions from Council? No? Okay. Stanfield: Thank you. De Weerd: Is there any further testimony? Caleb, I guess I have a question. Is there not a needed landscape buffer between multi -family and commercial? Hood: There is, Madam Mayor. By ordinance there is a 25 foot wide landscape buffer requirement and that's -- I mentioned it in the staff report or to the Council that we did not receive a revised landscape plan ten days prior to this hearing that we could evaluate and update you as to the changes made. I did receive a revised site plan, but it doesn't depict landscaping and there was several changes to the landscape plan. I did talk with Scott and Greg on the phone today. He mentioned that the five foot landscaping adjacent to the -- one of the -- the outparcels, if you will, on Eagle Road, has now been provided some of the landscaping between -- on Eagle Road, the 35 foot wide landscape buffer on Eagle Road, which is now being shown -- I do not -- still don't have a copy of that landscape plan, but we will get that when that C -C lot develops, they will be required to construct -- the higher intense use constructs the land use buffers. So, yes, there is a requirement. De Weerd: Wouldn't it make sense, though, to have it on what the Council is looking at? Hood: Madam Mayor, Members of the Council, we tried to get a revised plan for you to look at and it just -- it wasn't provided, so -- De Weerd: Thank you. Council, do you have any questions for the applicant or staff? Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: If the applicant has a response to that -- the question on the landscape plan, is that -- is that something that could be provided relatively soon or is there a reason that it couldn't -- Rindlisbacher: When I was reading through the staff report last week -- De Weerd: If you will state your name again for the record Rindlisbacher: Oh. Sony. Greg Rindlisbacher. Address? De Weerd: No. You're good. Rindlisbacher: I was reading the staff report last week and came across that requirement and didn't know that -- like I said, I received the staff report last week and I Meridian City Council • October 3, 2006 Page 47 of 54 didn't know it had been requested earlier than that, or I would have had it completed and to you, but that's something I could have done, I imagine, within a week, week and a half. De Weerd: Okay. Okay. Stanfield: Could I add to that real quick? Scott Stanfield. I think I need to reiterate what Caleb said. What you, really, have before you tonight is a site plan for the multi- family. The commercial up front, Rindlisbacher is not sure what kind of tenant is going to be in there and certainly if that application moves forward for a site plan approval we will have to meet all of the requirements that you have, but I believe with the multi- family, the requirement is to landscape the 35 foot up front. And Bach is willing to do that with the multi -family, kind of dress up their approach. Back on the temporary approach coming off Eagle, should you grant that variance, both sides of that will also be landscaped, just to kind if clean up the approach, because their access points will be right here and not at their focal point, which is kind of backwards. So these will be landscaped, both sides, 35 foot buffer along Eagle will be landscaped. In fact, the revised site plan -- engineering site plan I have this area open for landscaping right there and we can put landscaping on the comer there and on the comer there, just to kind of jazz up that approach in the interim. So, again, as the commercial application comes forward we won't have any problems meeting the city requirements for the commercial application. Just wanted to kind of -- what they want to do to clean that area up now. De Weerd: You know, I guess I understood that, but it doesn't show it and that is what always concerns me on interpretation of those kind things and, then, to come in and say, well, that plot is a little bit too narrow, we can't really do all of the landscaping and maybe we need a variance and so -- Stanfield: I understand. I'll almost promise you that Bach won't come in for a variance, but he'll have to make that commitment. And the staff report did have that ten days, even if at the P&Z, it's just something we all got busy and the landscape architect got busy and we overlooked it. So, it's not that it wasn't in the staff report, because Craig did a wonderful job of putting the staff report together, even at the P&Z level. So, it's not on the city, it's on us as a project team for not having that in ten days prior. De Weerd: Thank you. Okay. Council? Silva: Madam Mayor, Members of the Council, just a point of clarification. For the record that NFP -13 is sprinkler all areas of those buildings. One of the other benefits — and we were speaking earlier about cooking safety and on the balconies, it would require that all those balconies -- that particular standard would require all those balconies to be also fire sprinklered. Just a point of clarification for Council to consider. De Weerd: Thank you. Okay. I'm looking for your direction on what you would like to do. Meridian City Council • • October 3, 2006 Page 48 of 54 Bird: Has the applicant had his rebuttal? De Weerd: He doesn't -- can he rebut his engineer? I don't know. But does the applicant have any further comment? Rindlisbacher: What staff has asked about the landscaping plan, we will comply with those requirements. If you have any other questions, I'll answers those as well. De Weerd: Okay. Rindlisbacher: Thanks. De Weerd: Thank you. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Greg, I do have one question or at least invite you to comment on Chief Musser's remarks with regard to the drive aisle connectivity just to the -- Rindlisbacher: Over here? Borton: Correct. And that's going to -- I think if I heard you right, it will be a -- basically a parking lot drive aisle behind -- Rindlisbacher: Yeah. This piece here I have been told it's going up for auction. Borton: Is it correct that it will connect all the way down to River -- Rindlisbacher: River Valley? Borton: -- River Valley Road? Rindlisbacher: The idea is, yes, it will, but I don't have control over these two parcels. Borton: Right. Rindlisbacher: So, that's going to have to be worked out with the city and those parcel owners. However, by providing this cross -access here, this parcel now has access to Eagle through my property and so it will have to have access out onto Eagle on that piece. Also this parcel here, the same thing, they can come out onto this road and come onto Eagle. So, we are reducing just by having a shared -- a shared cross - easement through there. Instead of three accesses onto Eagle, one. And if we can have an access easement through here, you reduce it down to the intersection and Meridian City Council • October 3, 2006 Page 49 of 54 eliminate all those accesses. So, that was the thought behind it. And I know that when I was starting with this development I knew this was going to be a hot issue and I was just trying to come up with any ideas to help resolve those concerns. Borton: Madam Mayor. Then that access to Eagle Road is temporary until River Valley is -- Rindlisbacher: Correct. De Weerd: And so a full access? Rindlisbacher: Temporarily we have requested a full access, yes. De Weerd: And how many trips is this to generate? Rindlisbacher: I believe on multi -family it's about six -- but I haven't seen those numbers lately, but about six trips per day per unit. So, 1,200 trips per day on the multi- family. I don't know what will be generated from the commercial out front. De Weerd: Okay. Thank you. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: If nobody needs anymore public input, I would move we close AZ 06-035, CUP 06-022, VS 06-006, VAR 06-014, VAR 06-015 and VAR 06-016. Rountree: Second. De Weerd: Okay. I have a motion and a second to close the public hearings on Items 11 through 15. All those in favor say aye. Okay. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Is there any discussion? Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I'm always concerned when we have variances to make projects work, but I'm really concerned when we have three in this particular project and possibly a fourth as it relates to the Finch Lateral. It may not be a variance, but it may be a request to deviate from what our requirement is. I like some of the features that I see here, but I would like to see a good number of the features that have been represented, but not Meridian City Council • October 3, 2006 Page 50 of 54 specifically stated on paper as it relates to design, materials, colors, textures, esthetics. Some of the features I saw and some of the displays they had were not, in my opinion, particularly esthetic. Not that my opinion counts, but that's a concern I have. So, I probably at this point would not be in favor of annexation of this particular request. De Weerd: Okay. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Regarding the Five Mile Drain or Finch Lateral, whichever you want to call it, I think we are going to start getting ourselves in trouble -- this has been an issue since the eight years I have been on the Council -- is our aquifer is going down and down and down and -- because we are not flood irrigating anymore as much and we are seeming to want to tile everything and get it down and, then, when you got a drain ditch like that, which is -- which is a drain ditch, when you're running off and stuff you have heavy rains, you're -- if you have got a tile with no way for it to be open and having the runoffs run into it, you're asking for trouble. So, I'm definitely not for tiling that. I am also, like Mr. Rountree, I'm not really sold on this. This is something that I don't think I could buy into right now. It's a lot of area in -- or a lot of density in one little area. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Just a specific comment about the issue which was -- not necessarily in front of us at the current time, but from a policy perspective if we are going to consider variances to our current ordinance, based on water use and aquifers, I think we need to take a look at that ordinance and have our Public Works Department make some determinations. I don't want to banter about the scientific need for those sorts of things without good information. So, if that's something that -- certainly, like I said, is for another discussion, I think we should take a look at and maybe have the Council request that we have some more information. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Follow up on Councilman Wardle. We have had this discussion many times. We have had the Bureau, the Corps of Engineers, in to talk to us. I'm sure Bradley has got a lot of backup. I have backup that I will -- I can get for you, but that's not regarding this project. It's something we do need to look at. I think we need to look at our whole UDC ordinance. We have had more requests for variances since we adopted than we ever did before. And I helped pass it. Meridian City Council • • October 3, 2006 Page 51 of 54 De Weerd: Any further discussion? Okay. Do I have a motion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we deny Item No. 11, annexation AZ 06-035. Wardle: Second. De Weerd: Okay. I have a motion and a second to deny Item 11. Is there any discussion? Rountree: I have no further. De Weerd: Hearing none, Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Item 12. Rountree: Madam Mayor, before I make a motion, could I do a motion for all four of the remainder hearings? Nary: Madam Mayor, Members of the Council, Councilmember Rountree, yes, you can. Rountree: Madam Mayor, I move that we deny Items 12, 13, 14 and 15, CUP 06-022, VAR 06-014, VAR 06-015, VAR 06-016. Wardle: Second. De Weerd: Okay. I have a motion and a second to deny Items 12 through 15. If there is no discussion? Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 16: Ordinance No. 06-1266 : AZ 06-009 Request for Annexation and Zoning of 19.57 acres from RUT to R-8 zone for Cedarcreek Meridian City Council • October 3, 2006 Page 52 of 54 Subdivision by Centennial Development, LLC — 470 West McMillan Road: De Weerd: Thank you. Item 16 is Ordinance No. 06-1266. Mr. Berg, will you, please, read this ordinance by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance No. 06-1266, an Ordinance for annexation of property located in a portion of the south 1/2 of the southeast 1/4 of Section 24, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to R-8 in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing a waiver of the reading of the rules and providing an effective date. De Weerd: Thank you. You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Seeing no one wanting to hear the ordinance, I move that we approve Item 16, 06-1266 with waiver of rules. Rountree: Second. De Weerd: I have a motion and a second to approve Item 16. Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Item 17: 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) and (c) — (to conduct deliberations concerning labor negotiations or Meridian City Council a October 3, 2006 Page 53 of 54 to acquire an interest in real property, which is not owned by a public agency): Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I move that we go into Executive Session per Idaho Code 67-2345(1)(a). Bird. Second. De Weerd: Okay. I have a motion and a second to adjourn into Executive Session. Wardle: Madam Mayor? De Weerd: Yes. Wardle: Just a point of clarification. There is also a letter (c). Rountree: And (c)? And (c). De Weerd: Okay. Thank you. Mr. Wardle -- I mean -- I'm sorry. Thank you, Mr. Wardle, for clarifying that. Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: De Weerd: Okay Council I would entertain a motion to come out of Executive Session. Rountree: So moved. Bird: Second. MOTION CARRIED: ALL AYES. Rountree: Move to adjourn. Bird: Second. Meridian City Council October 3, 2006 Page 54 of 54 De Weerd: All those in favor. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 10:45 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: MAYOR TANSW DE WEERD °"- p s w TTEST� BEL IL - eerrrrrrr re«���`\\\\ 0 /l/gl®6 DATE APPROVED G. BERG JFK'!, CITY CLERK September 29, 2006 MERIDIAN CITY COUNCIL MEETING October 3, 2006 APPLICANT ITEM NO. S-A REQUEST Approve Minutes of September 12, 2006 Pre -Council Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. September 29, 2006 MERIDIAN CITY COUNCIL MEETING APPLICANT Red Cliff Development ITEM NO. 5-B REQUEST Tabled from September 26, 2006 - Findings for Approval - Request for a Variance for full access to Bienville Square Subdivision from State Highway 55 for Bienville Square Subdhftlon - 2539 North Eagle Road AGENCY COMMENTS October 3, 2006 VAR 06-018 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 Previous Item Packet / Minutes OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER SEP 2 0 2006 eridian k Office 111AHO 4-1 ,-. In the Matter of Variance request for access to SH 55 / Eagle Road, for Bienville Square Subdivision, by Red Cliff Development. Case No(s). VAR -06-018 For the City Council Hearing Date of: August 22, 2006 (Findings approved on September 19, 2006) 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). VAR -06-018- PAGE 1 of 3 • 0 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will impose expense upon the public if proposal is allowed. 6. That the City has granted an order of restricted 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 Conditions of Approval, as outlined in the attached findings of the Staff Report for the hearing date of August 22, 2006, incorporated by reference. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: The applicant's request for access to State Highway 55 / Eagle Road is approved with restrictions as follows: the applicant shall be granted a temporary, full access driveway to be located approximately 880 feet south of the centerline of Ustick Road. The temporary nature of the access being that the access to Eagle Road shall revert to a right -in / right -out at the time public street access between Sadie Creek Promenade and Ustick Road becomes available. Immediate cross -access to/from said access point shall also be provided to the property to the north, Sadie Creek Promenade. See the Staff Report dated August 22, 2006, for more information. D. Attached: Staff Report for the hearing date of August 22, 2006 By action of the City Council at its regular meeting held on the day of & , 2006. COUNCIL MEMBER SHAUN WARDLE VOTED SeA-- 01 COUNCIL MEMBER JOE BORTON VOTED�� COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED TIE BREAKER MAYOR TAMMY de WEERD VOTED CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR -06-018- PAGE 2 of 3 MAYOR Te WEERD ATTEST: ° � e- B AL - WILLIAM G. BERG, JR., 461TY CLERK P Copy served upon: Applicant Manning Department —ublic Works Department ✓ City Attorney By Dated: jo -q -()U City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR -06-018- PAGE 3 of 3 CITY OF MERIDIAN PLANNINOAND ZONING DEPARTMENT STAFF REPORT HEARING DATE OF 8/22/2006 City Council Hearing Date: August 22, 2006 STAFF REPORT TO: Mayor and City Council FROM: Amanda Hess, Associate City Planner SUBJECT: Bienville Square Access Variance A �• ITY IIF AM �o ! fL>.'i91fJ 6 ' fez File No. VAR -06-018 — Variance request to allow full access from / to Bienville Square Subdivision from Eagle Road, by Red Cliff Development 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant is requesting a variance from Section 11-3H-4 of the Unified Development Code (UDC) that prohibits new vehicle approaches to state highways. The Variance application proposes one new full access from / to Eagle Road, SH 55. Specifically, the new approach is to be located approximately % mile south of the Ustick Road / Eagle Road intersection. Upon completion of the Eagle Road Corridor plan, the access will be reduced to a left -in / right -in / right -out access. Deceleration and acceleration lanes will be dedicated and constructed to ITD standards. The Idaho Transportation Department (ITD) has provided conditional permit approval contingent on obtaining a variance to UDC 11-311. Sadie Creek Promenade is willing to provide cross access to the Bienville Square at the time of development of their property. 2. SUMMARY RECOMMENDATION Staff is recommending denial of the subject Variance application (VAR -05-018). Staff finds that the application does not meet all of the findings required in the UDC in order for the City Council to grant a variance (See Exhibit E). Section 11-311-3 of the UDC does states that City Council may consider and apply modifications to the standards of Article H upon specific recommendation of the ITD. (See Section 9, Page 3, for details.) On August 22°d, 2006, Council approved a temporary, full access driveway for this site, to be located wproximately 880 feet from the centerline of the intersection of Ustick and Eagle Roads. The full access shall revert to a right -in / right -out only driveway at the time public street access between Sadie Creek Promenade and Ustick Road becomes available. 3. APPLICATION AND PROPERTY FACTS a. Site Address/Location: SW Comer of Ustick Road and Eagle Road / SH55 Township 3N, Range IE, Section 5 b. Owner Red Cliff Development 787 E. State Street, Suite 125 Eagle, ID 83616 John Ewing 1500 El Dorado Street, Suite 4 Boise, ID 83704 c. Applicant: Red Cliff Development 787 E. State Street, Suite 125 Eagle, ID 83616 d. Representative: Bob Unger, Red Cliff Development Bienville Square Access Variance VAR -06-018 PAGE 1 CITY OF MERIDIAN PLANNOAND ZONING DEPARTMENT STAFF REPORAR HEARING DATE OF 8/22/2006 e. Present Zoning: General Retail and Commercial (C -G) f. Present Comprehensive Plan Designation: Mixed Use -Regional g. Applicant's Statement/Justification: There is no public street access other than the proposed access to Eagle Road / SH 55. Access via Ustick Road and Sadie Creek Promenade is not a viable option at this time, as the current owners have indicated that they are not in a position to provide access until the time of development of their property. TTD has provided conditional approval for a full access on Eagle Road. (See Exhibit C) 4. PROCESS FACTS a. The subject application will in fact constitute a variance as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, Chapter 5, Article A (Table 11-5A-1), a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: July 31", 2006, and August 14', 2005 c. Radius notices mailed to properties within 300 feet on: July 28t', 2006 d. Applicant posted notice on site by: August 12th, 2006 5. LAND USE a. Existing Land Use(s): Vacant b. Description of Character of Surrounding Area: Residential, Commercial c. Adjacent Land Use and Zoning: 1. North: Sadie Creek Promenade Commercial Subdivision, zoned C -G 2. West: Residential, zoned R-2 (Meridian) and Rl (Ada County) 3. South: Residential, zoned R-2 (Meridian) and RI (Ada County) 4. East: Gateway Marketplace Commercial Subdivision, zoned C -G d. History of Previous Actions: On February April 18, 2006, Bienville Square Subdivision was granted Annexation and Zoning (AZ -05-057) approval for 18.43 acres from RUT and Rl (Ada County) to R-8 (Medium Density Residential), R-15 (Medium High Density Residential) and C -G (General Retail and Service Commercial). Council also approved the rezoning of 10.05 acres of C -G to R-8 and R-15 (RZ-05- 019). Preliminary Plat (PP -05-053) approval was also granted for 54 single family residential lots, 22 multi -family residential lots, 14 common lots, and 7 commercial lots on 27.30 acres. And a Conditional Use Permit was approved for a mixed-use development to be located within 300 -feet of a residential district. A final plat application has not been submitted to the Planning & Zoning Department to -date. Additionally, a Development Agreement has not been entered into between the applicant and the City at this time. This matter is before the City Council based upon a stipulation to remand this action from the District Court. The applicant originally filed suit for damages against the City of Meridian and dismissed that action voluntarily. The matter was petitioned for review before the District Court, timely, and has now been remanded by agreement between the applicant and the City. Bienville Square Access Variance VAR -06-018 PAGE 2 CITY OF MERIDIAN PLANNIOAND ZONING DEPARTMENT STAFF REPORAR HEARING DATE OF 8/22/2006 e. Description of Use of Property: Future office uses and commercial uses, including retail and restaurant, and residential, including attached townhouses and single family dwellings. 6. COMPREHENSIVE PLAN POLICIES AND GOALS The subject site is designated `Mixed Use -Regional' on the Future Land Use Map. In Chapter VII of the Comprehensive Plan, this designation is defined in part as an area that is situated in highly visible or transitioning parts of the City where innovative and flexible design opportunities are encouraged. The MU -R has no upper limit on the square footage of non-residential uses and is intended to allow a broad range of uses. Staff also finds the following Comprehensive Plan policies to be applicable to this application: ■ "Eagle Road is the major north -south arterial in Ada County. The capacity of this arterial should be protected by minimizing the number and location of private driveway access connections to this important roadway. The City should recognize, adopt, and help implement the Eagle Road Access Control Study, prepared by ACHD in 1997." (Chapter VI, Page 71) ■ "The capacity of arterial... roadways can be greatly diminished by excessive driveway connections to the roadways. The City should cooperate with ACHD to minimise access points on arterial... roadways as development applications are reviewed." (Chapter VI, Page 72) ■ "Develop methods, such as cross -access agreements, frontage roads, to reduce the number of existing access points on to arterial streets." (Chapter VI, Goal II, Obj. A, #12, Page 79). ■ "Consider the Eagle Road Corridor Study in all land -use decisions." (Chapter VI, Goal II, Obj. A, #15, Page 79). ■ "Restrict curb cuts and access points on... arterial streets." (Chapter VII, Goal IV, Obj. D, #5, Page 107) 7. UNIFIED DEVELOPMENT CODE The following UDC sections are pertinent to this application: a. Development along Federal and State Hi ways: UDC 11-3H-1, Purpose Statement. One of the three purpose statements is to "limit access points to state highways in order to maintain traffic flow and provide better circulation and safety within the community and for the traveling public." b. UDC 11 -3H -4B-1 Standards: Access to State Highway 55 — "Use of existing approaches shall be allowed to continue provided that the following conditions are met: 1. The existing use is lawful and property permitted effective September 15, 2005. 2. The nature of the use does not change (for example, a residential use to a commercial use). 3. The intensity of the use does not increase (for example, an increase in the number of residential dwelling units or an increase in the square footage of commercial space)." c. UDC 11 -3H -4B-2, Standards: "If an applicant proposes a change or increase in intensity of use, the owner shall develop or otherwise access to a street other than the state highway. The use of the existing approach shall cease and the approach shall be abandoned and removed. 1. No new approaches directly accessing a state highway shall be allowed. 2. Public street connections to the state highway shall only be allowed at: a. The section line road; and b. The half -mile mark between section line roads. These half -mile connecting streets shall be collector roads." Bienville Square Access Variance VAR -06-018 PAGE 3 CITY OF MERIDIAN PLANNIOAND ZONING DEPARTMENT STAFF REPORAR HEARING DATE OF 8/22/2006 d. UDC 11 -3H -4B-3. Standards: "The applicant shall construct a street, generally paralleling the state highway, be designed to accommodate future connectivity and access to all properties fronting the state highway that he between the applicant's property and the nearest section line road and/or half mile collector road." 9. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation for Denial Listed below are various documents in the public record pertaining to this application. The relevant points within each document and an analysis of those points follows (Staff's analysis in italics). For additional analysis, see the Variance Findings in Exhibit E. • Development Agreement There is no recorded development agreement on file pertaining to this site which specifically addresses access to Eagle Road / SH 55 at this time. • Eagle Road Arterial Studv — Final Report (April 2004) This study (not to be confused with the 1997 Eagle Road study referenced in Chapter VI of the Comprehensive Plan) was endorsed by the City Council in a January 2005 letter to Eric Shannon, ITD District Engineer, and was also endorsed by the ACHD Commission. The study includes the following recommendations: - Para. 3.2.5, pg. 4: "ITD and ACHD should work together with the municipalities to identify the specific public streets and private approaches on Eagle Road to be closed, over time, via access consolidation, provision of secondary access, etc..." ACRID has provided three access points to the site from Ustick Road to the Sadie Creek Promenade Subdivision. A formal letter, dated June 30, 2006, was sent to Rob Haggett of Red Cliff Development from Tamara Thompson, representative for Sadie Creek Promenade which clearly indicates that cross -access will be provided to Bienville Subdivision at a future date. (See Exhibit Q Staff believes the three access points to Ustick Road eliminates the need for any access to or from Eagle Road to this subdivision. - Para. 3.2.6, pg. 4: "The existing circulation network within and between existing developed parcels should be reconfigured to reduce the number of access points to Eagle Road and to allow more local trips to be made without the need to travel on Eagle Road. This concept should be incorporated into municipal planning and zoning policies..." This statement emphasizes the need for consolidating access points and encouraging shared driveways on properties that front major roads such as highways. Cross -access between developments eliminates the need for individual accesses to /from said roads. Additionally, Meridian's adoption of the UDC, Article H, demonstrates the City's commitment to reducing the number of trips and, thus, potential accidents on Eagle Road • ITD Open & Requested Permits at the Ustick Road / SH 55 Intersection There are nine legal access permits on Eagle Road / SH55 between the four commercial developments (Gateway Marketplace, Centre Pointe Subdivision, Sadie Creek Promenade / Bienville Square, Smitchger Subdivision) located at the comer of Ustick Road and Eagle Road. In addition, a request for one access by the Bienville development has been granted conditional approval from ITD. Sadie Creek Promenade has also requested access from Eagle Road. This totals at least 11 new access permits that are either open or being proposed within a %2 mile segment of highway. While each case will be reviewed on its own merits, there is a cumulative impact on the state highway's overall capacity that needs to be considered with each and every Bienville Square Access Variance VAR -06-018 PAGE 4 CITY OF MERIDIAN PLANNIOAND ZONING DEPARTMENT STAFF REPORAR HEARING DATE OF 8/22/2006 variance application. • Traffic Accident Data To conclude staffs analysis, we obtained accident data from the Meridian Police Department for the Eagle Road corridor for the years 2005 and 2006, to -date. Of the top 10 intersections in Meridian for total number of accidents, six of those intersections were along Eagle Road / SH55 (Fairview, Ustick, Franklin, St. Luke's, Magic View, and Overland). 2005 TOP 10 MERIDIAN ACCIDENT LOCATIONS INTERSECTION TOTAL # ACCIDENTS EAGLE / FAIRVIEW 78 MERIDIAN / OVERLAND 63 FAIRVIEW / LOCUST GROVE 36 EAGLE / USTICK 33 EAGLE / FRANKLIN 33 MERIDIAN / FAIRVIEW 29 EAGLE / ST LUKE'S LN 26 EAGLE / MAGIC VIEW 22 MAIN / FRANKLIN 19 EAGLE / OVERLAND 18 2006 TOP 10 MERIDIAN ACCIDENT LOCATIONS INTERSECTION TOTAL # ACCIDENTS EAGLE / FAIRVIEW 37 EAGLE / 1-84 ON / OFF RAMP 34 FAIRVIEW / LOCUST GROVE 33 MERIDIAN / OVERLAND 33 EAGLE / USTICK 22 MAIN / FRANKLIN 21 EAGLE / FRANKLIN 21 MAIN / FAIRVIEW 19 EAGLE / FLORENCE 19 EAGLE / MAGIC VIEW 15 NOTE: The Eagle Road / Ustick Road intersection was not on the list of top ten intersections for traffic accidents in the City of Meridian for the year 2004. There is a direct correlation between the number of access points/intersections along a roadway and the potential for accidents. The higher the accessibility, the lower the mobility. While staff is not arguing that every new driveway or public street access to Eagle Road will cause or be directly responsible for accidents, we do believe restricting the number of new accesses helps to ensure a safer roadway. b. Staff Recommendation: Based on the Comprehensive Plan and UDC policies listed under Section 8 of this report, as well as the analysis of findings shown in Exhibit C, staff finds there is a lack of evidence and grounds to grant a new vehicular access point to Eagle Road / SH 55. Staff does not believe the applicant's arguments meet the "findings test" for granting a variance. Therefore, staff recommends denial of the subject application. On August 22, 2006, City Council approved one temporary full access driveway to be located approximately 880 feet south of the centerline of Bienville Square Access Variance VAR -06-018 PAGE 5 CITY OF MERIDIAN PLANNIOAND ZONING DEPARTMENT STAFF REPORAR HEARING DATE OF 8/22/2006 Ustick Road. The full access Point driveway to Eagle Road shall revert to a right -in / right -out at the time Public street access between Sadie Creek Promenade and Ustick Road becomes available. The applicant shall Provide cross -access immediately to the Property to the north Sadie Creek Promenade, to/from said access point. 10. EXHIBITS A. Vicinity Map B. Site Plan Depicting Full Access C. Letter from Tamara Thompson, Sadie Creek Promenade Representative D. Letter from the Idaho Department of Transportation E. Required Variance Findings from UDC Bienville Square Access Variance VAR -06-018 PAGE 6 CITY OF MERIDIAN PLANNOAND ZONING DEPARTMENT STAFF REPORIOR HEARING DATE OF 8/22/2006 Exhibit A: Vicinity Map avoa govx:) re m = m m = ■ m m m m m m m m m m avoa avvmove 3antnU Bienville Square Access Variance Exhibit A, Page 1 CITY OF MERIDIAN PLANNWND ZONING DEPARTMENT STAFF REPOROR HEARING DATE OF 8/22/2006 Exhibit B: Site Plan Depicting Full Access Bienville Square Access Variance Exhibit B, Page 1 CITY OF MERIDIAN PLANNIOND ZONING DEPARTMENT STAFF REPOR* HEARING DATE OF 8/22/2006 Exhibit C: Letter from Tamara Thompson, Sadie Creek Promenade Representative . landmark development group, LLC June -10. 2006 Rub Haggett RedClitTl3e velopment 787 fust State Street. suite 125 ICittyha,•k Plaut Eagle. ID 83616 RC: SWC Ustick and Nagle (Sadie Creek Promenade) Dear Rob: The IbIlow•ing is to clarify our development intentions and timing on the :SWC of Ustick and Eagle. My clients are not speculative developers so eve are very much at the mercy of tenant interest and leasing. We are actively marketing the property but at this time we do not have any tenants. Frankly, the lack of access to and from Eagle Road has brought leasing, activities to a stand still. As a development condition of approval. the City of Meridian requires that we provide cross access to your property across our project to Ustick Road. In the event we proceed with development we %vill comply with those terms at that time. We are not in a position to provide this cross accrues any earlier than with the development or the property. 1882 Taluke VVay Balsa, 10 83712 208.342.4516 .- 288.342.4515 , . Bienville Square Access Variance Exhibit C, Page 1 CITY OF MERIDIAN PLANNIAND ZONING DEPARTMENT STAFF REPORAR HEARING DATE OF 8/22/2006 Exhibit D: Letters from the Idaho Transportation Department tDAHo 8 ArJORI DEQ IDAHO TRANSPORTATION DEPARTMENT P.O. BOX 8028 Boise, ID 83707-2028 rwarosaoaranou aaat#v April 4, 2006 Charles Winder Chairman (208)334-8300 itd.idaho.gov John X Combo Bob Unger Vice Chairman District 6 Folio Inc. 2076 S. Eagle Rd. John McHugh Meridian, Idaho 83642 District 1 Bruce sweeney Re: Access Permit Application, 3-05-066 District 2 Monte McClure District 3 Mr. Unger. Gary Blick In regards to the installation of raised medians, one of the conditions for access approval District 4 provided In our letter dated March 28, 2006; it has been determined this will not be a Neil Miller requirement of your application. The installation of medians on Eagle Road will be District 5 addressed through our future improvement project for the corridor. As a result, raised medians are not one of the mitigating measures for access approval. All other conditions David Ekem, RE mentioned In our 3/28/2006 letter are still required. If those conditions are acceptable, Director please notify us in writing so that approval of your application can go forth; include a set of Sue Higgins your construction plans for Department review & approval prior to permit issuance. Board Secretary Additionally, prior to final approval of your application, written assurance must be provided to the Department on the participation with the Eagle Road & Ustick Road intersection improvements currently under development with the W.H. Moore Company, SlnceWI Jon O Assistant District Traffic Engineer Bienville Square Access Variance Exhibit D, Page I CITY OF MERIDIAN PLANNIOAND ZONING DEPARTMENT STAFF REPORAR HEARING DATE OF 8/22/2006 W) 0 IDANO TRANSPORTATION DEPARTMeNT P,O Bit 80213 _ * 801se, ID 837072028 N WARD March 28, 2006 ` Charles Winder BobTPANW� Unger Dfwfal a Folio Ina 2076 S. Eagle Rd. MerWilln, Idaho 83542 1"00 Re: Access Penni Application, 3-05-566 a� swae„ey ol�rtot2 Mr. Unger. Moble mcchIrs DkArct a Your permit appkation yeas presented to the Idaho Transportation Department (Rb} ® 0,. P�ft nesting on 312WOo. Dtddd 4 Neu Mmer The eucatutive cornrnithm concurs With Distrtd Three Tri assessment with regard to the � refererd development and Is agreeable to 6 W"approval of the access pmt application the motion that the mitigating measures and are provided. considerations as outlined in this letter Dmrid BOOMP.E. ' Medw Miti90MV m asurgs: Sara H kw eoary seerotery • PartiaipatD In the improvement of the Eagle Road and Ustic k Road intersection jo provide double left tum lanes and right turn lanes on aq approaches. • Constnut aux0fary lams at propose accesses on Usft and Eagle Rods. • Reoanftgure packing layout to pnwcte a proteded drive aisle at all approa . • nns#M backage roads as required by the Ada County H4hway Ifttrk t & City of • Any change to "vernent marking shall be with durable pavement marking. • lmteb*M of median on Eagle Rced, • Relinquishment of other prpperiy across rights to Eagle Road. If the considerations outlined we WWptabie. please submit wpn need Providingto ��necessary mitigation oontributlons. Prior to is9uhg the access np� . Py your construction plans for review. If e outlined considerations are not agreeable, the option to appeal is available through Our i Engel motion. If you wish to file an appeW. Pbaft submit written notification; once recaived your appilogtion will be forwarded to our Legal Seaton for consideration. Sincere aura 9 C4 Ogden. P. Assistant oistrict Traffic Engineer Bienville Square Access Variance Exhibit D, Page 2 CITY OF MERIDIAN PLANN&D ZONING DEPARTMENT STAFF REPORT HEARING DATE OF 8/22/2006 Exhibit E: Required Findings from UDC (Variance) The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section 11 -5B -4.E of the UDC to review the variance request. In order to grant a variance, the Council shall make the following findings: A. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: The subject site is unable to obtain adequate access via the property to the north, Sadie Creek Promenade. Sadie Creek Promenade will not develop, and therefore will not provide cross -access to Bienville Square, until a form of access is granted onto Eagle Road and is useable by the Sadie Creek development. Granting a variance does not award a special privilege to the Bienville Square project as it is considered landlocked, without a much needed access point, until the time of development of Sadie Creek Promenade. Section 11-3H-3 of the UDC does state that the City Council may consider and apply modifications to the standards of Article H upon specific recommendation of the TTD. B. The variance relieves an undue hardship because of characteristics of the site; City Council finds a substantial hardship exists on the subject site to obtain adequate access via the property to the north, Sadie Creek Promenade, which was not created by the applicant or the developer. Council finds that the access shall be located approximately 880 feet from the intersection of Ustick Road and Eagle Road, which meets staff's concerns as detailed in this staff report. Council also finds that the access shall be designated a temporary full access and shall revert to a right -in / right -out at the time public street access between Sadie Creek Promenade and Ustick Road becomes available. Council requires that the applicant provide cross -access immediately to the property to the north, Sadie Creek Promenade, from said access point, as presented during the public hearing on August 22, 2006. C. The variance shall not be detrimental to the public health, safety, and welfare. Council finds that granting the permanent right -in / right -out access point at approximately 880 feet south of Ustick Road, with a direct connection to the property to the north, will allow for a better connection to meet the need to merge with existing southbound traffic. Granting a permanent full - movement access does have the additional potential conflict of adding vehicles to the center turn lane where the speed limit is known to be 55 miles per hour. Said access, if designed as restricted and presented during the August 22, 2006, public hearing, will not be detrimental to the pubic health, safety, and welfare of the community. Bienville Square Access Variance Exhibit E, Page 1 • September 29, 2006 MERIDIAN CITY COUNCIL MEETING October 3, 2006 0 AZ 06-013 APPLICANT America West Homes, LLC ITEM NO. Jr -C REQUEST Findings for Approval — Request for Annexation and Zoning of 21.77 acres from RUT to R-15 zone for Canterbury Commons Subdivision — south side of Pine Avenue and east of Ten Mile Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See afFaahed Findings -- ----------- CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER lJ In the Matter of Annexation and Zoning of 21.77 acres to R-15 (Medium High -Density Residential), AND Preliminary Plat approval of 116 residential lots (49 4-plex lots and 67 townhouse lots) and 10 common lots on 20.32 acres, AND Conditional Use Permit approval to construct a multi -family development consisting of 196 multi -family dwelling units (4- plexes) on 49 lots and 67 townhouse dwelling units, AND Private Street approval adjacent to the proposed multi -family lots within Canterbury Commons Subdivision, by American West Homes, LLC. Case No(s): AZ -05-013, PP -06-011, CUP -06-006, and PS -06-005 For the City Council Hearing Date of. September 12, 2006 (Findings approved on October 3, 2006) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 11, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 11, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 11, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 11, 2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-013 / PP -06-011 / CUP -06-006 / PS -06-005 - PAGE 1 of 5 C� i 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, Site Plan, Landscape Plan, and the Conditions of Approval all in the attached Staff Report for the hearing date of July 11, 2006 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated June 30, 2006 is hereby conditionally approved; 2. The applicant's Landscape Plan as evidenced by having submitted the Landscape Plan dated June 26, 2006 is hereby conditionally approved; and, 3. The following modifications to the conditions were made at the City Council hearing: a. The applicant shall be required to condo the 4 -plea buildings, as proposed Said condo of the 4 -plea buildings shall be completed prior to occupancy of any of the units. b. The applicant shall be required to provide an easement for a future public bus pull out/bus stop along Pine Avenue. c. The specific design criteria and elevations presented by the applicant and discussed during the City Council meeting shall be included within the development agreement for this site. d. The applicant shall align, where appropriate, the handicapped parking stalls as to provide an open corridor for fire department gurney access to the units 4. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of July 11, 2006 incorporated by reference. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-013 / PP -06-011 / CUP -06-006 / PS -06-005 - PAGE 2 of 5 0 • D. Notice of Applicable Time Limits (as applicable) 1. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditions use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -5B -6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the Commission may be granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. 2. Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B - 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-013 / PP -06-011 / CUP -06-006 / PS -06-005 - PAGE 3 of 5 i Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of July 11, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-013 / PP -06-011 / CUP -06-006 / PS -06-005 - PAGE 4 of 5 0 9 By action of the City Council at its regular meeting held on the �� day of 2006. COUNCIL MEMBER SHAUN WARDLE VOTED—,4�' COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED_# � COUNCIL MEMBER KEITH BIRD VOTED_4&�,— TIE BREAKER MAYOR TAMMY de WEERD VOTED SEAL T tS� Copy served upon: ✓ Applicant Planning Department Public Works Department City Attorney By: Dated: ®� City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-013 / PP -06-011 / CUP -06-006 / PS -06-005 - PAGE 5 of 5 CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HEtNG DATE OF JULY 11, 2006 STAFF REPORT Hearing Date: July 11, 2006 TO: Mayor & City Council FROM: C. Caleb Hood, Current Planning Manager Meridian Planning Department 208-884-5533 SUBJECT: Canterbury Commons Subdivision AZ -06-013 — Annexation and Zoning of 21.77 acres to R-15 (Medium High - Density Residential) PP -06-011— Preliminary Plat of 122 residential lots (50 4-plex lots and 72 townhouse lots) and 10 common lots on 20.32 acres NOTE: Revised plat proposes 116 residential lots (49 4-vlex lots and 67 townhouse lots) CUP -06-006 — Conditional Use Permit to construct a multi -family development consisting of 200 multi -family dwelling units (4-plexes) on 50 lots and 72 townhouse dwelling units NOTE: Revised site plan proposes 196 multi -family dwelling units on 49 lots and 67 townhouse dwelling units PS -06-005 — Private Street adjacent to the proposed multi -family lots within Canterbury Commons Subdivision VAR -06-005 — Variance requests to allow lot sizes in the R-15 zone to go below the 2,400 square -foot minimum (down to 1,900 square -feet) AND to allow a reduction to the standard 12 -foot rear setback of the R-15 zone (11 -foot rear setback requested) NOTE: The applicant has withdrawn this request. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, American West Homes, LLC, has applied for Annexation and Zoning (AZ) to R-15 (Medium High -Density Residential), Preliminary Plat (PP) approval of 122 residential building lots and 10 common lots, and Conditional Use Permit (CUP) approval of a multi -family development consisting of 50 4-plexes and 72 attached townhouse units on 21.77 acres of property currently zoned RUT in Ada County. The applicant is also requesting approval to construct private streets adjacent to the 4-plex units and variance approval to have substandard lots and reduced rear setbacks in the R-15 zone. The site is located on the south side of Pine Avenue, approximately 400 feet east of Ten Mile Road. Currently, there are three single-family homes and associated outbuildings on this site. The site has not been previously platted. The subject property is within the Urban Service Planning Area. NOTE: This project was meet with Planning Staff and make revisions to the plan. Staff has updated the Staff Report to reflect the changes made. Some of the changes made include: a reduction in buildable lots from 122 to 116 adding amenities (basketball court, picnic area, tot lot area), increasing the lot size so all lots have at least 2,400 square feet, and increasing the amount of open space please see Section 10 below for analysis of all changes made). The comments below are based on the revised Preliminary Plat prepared by Treasure Valley Engineers, last revised on May 19, 2006 and the revised Landsca ep Plan prepared by Jensen Belts dated 5-25-06. On June 1, 2006, the Meridian Planning & Zoning Commission voted to recommend approval of the subject project. The Commission also accepted the applicant's withdrawal letter for the variances originally requested for lot size and setbacks. The applicant has submitted a Canterbury Commons Subdivision AZ-06-013/PP-06-011/CUP-05-006/PS-06-005NAR-06-005 PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEG DATE OF JULY 11, 2006 revised preliminary plat that depicts the covered parking for the multi -family units a 7 -foot wide public utility easement in front of some of the multi -family buildings, and updated project calculations. The Wlicant has also submitted a revised landscape plan that has a June 26, 2006 date and depicts the covered parking areas revised amenities and pathways and project calculations These revised plans have been reviewed by staff and areeg nerally consistent with the Conditions listed in Exhibit B. These plans have been scanned into Exhibit A. 2. SUMMARY RECOMMENDATION The subject applications were submitted to the Planning Department for concurrent review. Generally, the Planning & Zoning Commission is the final decision making body on a Conditional Use Permit and the Director is the final decision maker on a Private Street application. However, because the City Council is the final decision making body on the Annexation, Variance and Preliminary Plat applications, all of the subject applications are being combined into one staff report. The Commission should make recommendations to the Council on all of the subject applications. After detailed review of the subject applications staff has provided detailed analysis and is recommending, approval with the conditions listed in Exhibit B On June 1 2006 the Meridian Planning & Zoning Commission voted to recommend approval of the subject applications. On September 12, 2006 the Meridian City Council voted to approve the subiect applications. a. Summary of Commission Public Hearings: i. In favor: Geoff Wardle, Joe Risi, Lance Warnick, Mark Sanders ii. In opposition: None iii. Commenting: None iv. Staff presenting application: Anna Canning, Caleb Hood v. Other staff commenting on application: Mike Cole b. Key Issues of Discussion by Commission: i. Requested variances to lot size and setbacks, and not being supportive of the requests; ii. Common area calculations; iii. Elevations, particularly the double -fronted 4-plex elevations; and, iv. Layout of the project. c. Key Commission Changes to Staff Recommendation: i. None d. Outstanding Issue(s) for City Council: i. As part of the Commissions motion to recommend approval, the Commission wanted to give the Police Department an opportunity to update their comments with the revised plans. Staff recommends that the applicant give the Council an update regarding any meetings they have had with the Police Department. 3. PROPOSED MOTIONS (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ - 06 -013, PP -06-011, CUP -06-006, and PS -06-005 as presented in staff report for the hearing date of July 11, 2006 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ -06- 013, PP -06-011, CUP -06-006, and PS -06-005 as presented during the hearing of July 11, 2006, for the following reasons: (you should state specific reasons for denial of the annexation and you must state specific reasons for denial of the plat and conditional use permit.) Canterbury Commons Subdivision AZ-06-013/PP-06-011/CUP-05-006/PS-06-005NAR-06-005 PAGE 2 CITY OF MERIDIAN PLANADEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 11, 2006 Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers AZ - 06 -013, PP -06-011, CUP -06-006, and PS -06-005 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 2735 -2985 Pine Avenue; South side of Pine Avenue, east of Ten Mile Road, in Section 11, Township 3 North, Range 1 West. b. Owners: J.S. Risi Revocable Family Trust 27 W. Anapamu #350 Santa Barbara, CA 93101 Risi Family Limited Partnership 27 W. Anapamu Street #350 Santa Barbara, CA 93101 c. Applicant: American West Homes, LLC 404 S. 8d' Street Boise, ID 83702 d. Representative: Joseph S. Risi e. Present Zoning: RUT- Ada County f. Present Comprehensive Plan Designation: Mixed Use - Community g. Description of Applicant's Request: The applicant is requesting approval of Annexation and Zoning (AZ) to R-15 (Medium High -Density Residential), Preliminary Plat (PP) approval of 122 residential building lots and 10 common lots, and Conditional Use Permit (CUP) approval of a multi -family development consisting of 50 4-plexes and 72 attached townhouse units on 21.77 acres of property currently zoned RUT in Ada County. The applicant is also requesting approval to construct private streets adjacent to the 4-plex units and variance approval to have substandard lots and reduced rear setbacks in the R-15 zone. The applicant is requesting an 11 -foot rear setback for a block of the townhouse lots. Forty-two of the seventy- two proposed townhouse lots are below the 2,400 square -foot minimum lot size; thirty of the townhouse lots meet or exceed the minimum lot size. The average lot size in the proposed development is 4,781 square feet. The gross density of Canterbury Commons is 12.5 dwelling units per acre. Approximately 12.6% of the area being developed is being set aside for open space. The applicant is proposing to construct a clubhouse, pool, tot -lot, and pathway system on Lot 42, Block 1. The applicant is also proposing some open space on the townhouse common lots, Lot 1, Block 3 and Lot 14, Block 2. Staff is not supportive of the applicant's proposal. 1. Date of preliminary plat (attached in Exhibit A): 12/14/05 (revised 5/19/06) 2. Date of landscape plan (attached in Exhibit A): 10/19/05 3. Date of site plan (attached in Exhibit A): 10/10/05 h. Applicant's Statement/Justification: The City of Meridian's Master Plan for this site is mapped at a density up to 15 dwelling units per acre. The project that we are proposing has a Canterbury Commons Subdivision AZ-06-013/PP-06-011/CUP-05-006/PS-06-005NAR-06-005 PAGE 3 CITY OF MERIDIAN PLANNIRG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 11, 2006 D.U. of 13 units to the acre with a total of 272 homes and condominiums. The condominiums (4-plexes) will have stucco exteriors. There will be two different condominium building types and two different elevations for each type of condominium building equaling a total of four unique condominium elevations. The town houses will have siding exteriors. Various different colors, windows and bays will be incorporated into the town home designs to maximize variety in elevation. The covenants will be governed through formation of three separate property/homeowner associations. There will be two separate associations to govern the town houses and the condominiums. This project is designed to supply critical affordable housing to the many employees working for local area businesses (see Applicant's Submittal Letter for more.) 5. PROCESS FACTS a. The subject application will in fact constitute an annexation and zoning as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. 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 the Unified Development Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. d. The subject application will in fact constitute a private street as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11, Chapter 5, a public hearing is required before the City Council on this matter. e. The subject application will in fact constitute a variance as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11, Chapter 5, a public hearing is required before the City Council on this matter. f. Newspaper notifications published on: February 27, 2006 and March 13, 2006 (for Planning & Zoning Commission), and June 19th and July 3`d, 2006 and August 14`b and August 28h, 2006 (for City Council hearings) g. Radius notices mailed to properties within 300 feet on: February 22, 2006 (for Planning & Zoning Commission), and June 16th, 2006 and August lla'. 2006 (for City Council hearings) h. Applicant posted notice on site by: April 10, 2006 (for Planning & Zoning Commission), and July 1', 2006 (for City Council hearing) 6. LAND USE a. Existing Land Use(s): There are three single-family residences along Pine Avenue. The existing homes and the outbuilding will be removed. b. Description of Character of Surrounding Area: Across Pine Avenue are the recently approved Lyndhurst Grove Subdivision and Sommersby Subdivision. These developments included future multi -family and single-family dwellings. To the west is higher density residential in The Courtyards at Ten Mile. To the east is a single-family R-8 subdivision, Morning Glory. To the south are the railroad tracks and industrially zoned property. c. Adjacent Land Use and Zoning 1. North: Single-family homes, zoned R-4, Kelsie Park Subdivision; approved Canterbury Commons Subdivision AZ-06-013/PP-06-011/CUP-05-006/PS-06-005NAR-06-005 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 11, 2006 Lyndhurst Grove Subdivision, zoned R-8; approved Sommersby Subdivision, zoned R-15 and L -O 2. West: Multi -family dwellings, zoned R-15, The Courtyards; Church, zoned L -O 3. South: Agricultural, zoned I -L 4. East: Single-family homes, zoned R-8, Morning Glory Subdivision No. 2 d. History of Previous Actions: None. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: There are existing mains in W. Pine Avenue that currently flow to the private Moshers Faun Lift Station. Location of water: There are existing water mains in W. Pine Avenue. Issues or concerns: 1.) Depending on the size of water services used, a five- foot setback from the sidewalk to the four-plexes does not allow for enough room. 2.) Staff is concerned about the location of the joint utility trench. 2. Floodplain: N/A 3. Canals/Ditches Irrigation: The Ten Mile Drain traverses along the south side of this property and the Eight Mile Lateral bisects this property in the northeast comer. These waterways should be protected. All other open ditches or laterals that cross the subject site should be tiled in accordance with the UDC. 4. Hazards: Staff is not aware of any hazards associated with this property. 5. Proposed and Existing Zoning: These properties are currently zoned RUT in Ada County. The applicant is proposing to zone all of the subject property to R-15 (Medium High -Density Residential). 6. Size of Property: 21.77 acres f. REVISED Subdivision Plat Information: 1. Residential Lots: 116 (49 multi -family lots and 67 townhouse lots) 2. Non-residential Lots: 0 3. Total Building Lots: 116 4. Common Lots: 5. Other Lots: 0 6. Total Lots: 126 7. Gross Density: g. Landscaping 10 (9 common open space lots, and 1 private street lot) 12 units per acre (net 19 d.u./acre) 1. Width of street buffer(s): A 20 -foot wide street buffer is required along Pine Avenue, a collector street (UDC 11-2A-6). UDC 11-3B-7C2a requires all residential subdivision street buffers to be located on a common lot maintained by a home- owners association. Street buffers are not required adjacent to the other, internal Canterbury Commons Subdivision AZ-06-013/PP-06-011/CUP-05-006/PS-06-005NAR-06-005 PAGE 5 CITY OF MERIDIAN PLANN9 DEPARTMENT STAFF REPORT FOR THE H!tING DATE OF JULY 11, 2006 streets. 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: The applicant states that 19% (3.89 acres) of the site is being set aside for common open space. 4. Other landscaping standards: Landscaping adjacent to micro -paths and pathways should comply with UDC 11-3B-12. h. Amenities: For multi -family developments with more than 100 units, the decision making body shall require additional amenities commensurate to the size of the development (UDC 11 -4 -3.27D -2d). As a reference for multi -family developments with 75 units or more, 4 amenities are required, with at least one from each category (Quality of Life, Open Space, and Recreation). The applicant is providing amenities as follows: 3,000 square -foot community club house and fitness facility (Quality of Life), property management office, maintenance storage area, development map/directory, pool (Recreation), tot -lots (Recreation), walking trails (Recreation), half basketball court (Recreation), picnic area (Quality of Life) and open space (Open Space). i. Off -Street Parking: UDC 11 -3C -6.A requires townhouse dwellings with 2 or more bedrooms to have a two -car garage and a 20' x 20' parking pad in front of each garage. 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. The submitted site layout does not propose any covered parking spaces for the multi -family (4-plex) dwellings and does not contain the necessary 20' x 20' parking pad in front of all of the townhouse garages. The applicant should be required to comply with the off-street parking requirements of the UDC. j. Conditional Use Information: 1. Non-residential square footage: 3,000 square feet (Community Clubhouse) & maintenance storage 2. Proposed building height: Varies; R-15 allows 40 feet 3. Percentage of site devoted to building coverage: 24% 4. Percentage of site devoted to landscaping: 31% 5. Percentage of site devoted to paving: 45% 6. Percentage of site devoted to other uses: 0% 7. Number of Residential units: 263 k. Proposed and Required Residential Standards — The applicant was originally requesting variances to some of the R-15 bulk standards as found in UDC 11-2A. Specifically, the applicant was requesting a variance to the minimum 2,400 square -foot lot size. The applicant was proposing to plat 42 of the 72 townhouse lots below the standard lot size (down to 1,900 square -feet). The revised preliminary plat depicts at least 2,400 square foot lots. The applicant was also requesting approval for an 11 -foot rear setback variance for the townhouses in Block 3 (12 feet is the standard rear setback). Staff does not believe that there is any hardship that exists where granting the requested variances is warranted (please see Findings in Exhibit D). Further, the proposed development only depicts a 5 -foot front setback for some of the 4-plex units. City Staff is concerned about providing joint utility services and easements to the 4-plex units with such a shallow setback (see Public Works Department comments). Staff continues to recommend that a 10 -foot front setback to the 4-plex units be provided so that joint trench and city water meters can be installed and accessed near the units. Canterbury Commons Subdivision AZ-06-013/PP-06-011/CUP-05-006/PS-06-005NAR-06-005 PAGE 6 CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HEtG DATE OF JULY 11, 2006 R-15 Standards Setbacks (measured to sidewalk) Proposed Required Front Living Area (townhouse) 10 10 Front Living Area to street (4-plex) 5 0 Front Accessed Garage (townhouse)20 20 Front Accessed Garage (4-plex) NA 20 Street side (townhouse and 4-plex) 10 10 Side (townhouse) 0 0 Side (4-plex) 5 4 Rear (townhouse and 4-plex) 12 12 Frontage 0 0 Lot Size 2,400 2,400 Maximum building height 27 40 Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The applicant is proposing one public street connection to Pine Avenue and one private street connection to Pine Avenue. The public street system provides access for the townhouse units and the private street system provides access for the 4-plex units. Both the private and public street connections to Pine Avenue align with existing public streets on the north side of Pine Avenue. The public and private streets are interconnected and provide a looping circulation system throughout the development. Please see Exhibit B for ACHD's comments and conditions regarding this development. 7. AGENCY COMMENTS MEETING On February 24, 2006, staff held an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Meridian Police, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The subject site is designated `Mixed Use - Community' on the Meridian Comprehensive Plan Future Land Use Map. According to the Comprehensive Plan, the purpose of this designation is to identify key areas which are either infill in nature or situated in highly visible or transitioning areas of the city where innovative and flexible design opportunities are encouraged. The following standards will serve as general guidelines for development in these Mixed Use areas: • All development within this designation will occur only under the Conditional Use Permit process, except the Mixed Use- Regional; • Where feasible, multi -family residential uses will be encouraged, especially for projects with the potential to serve as employment destination centers and when the project is adjacent to State Highways 20-26, 55 or 69; • Where mixed use developments are phased, a conceptual site plan for the entire mixed use area is encouraged with the development application or, depending on the scope of the development, prior to a formal development application being submitted; • Where the project is developed adjacent to low or medium density residential uses, a transitional use is encouraged. Canterbury Commons Subdivision AZ-06-013/PP-06-011/CUP-05-006/PS-06-005NAR-06-005 PAGE 7 CITY OF MERIDIAN PLANN't DEPARTMENT STAFF REPORT FOR THE HE%G DATE OF JULY 11, 2006 Mixed Use — Community. The following standards will apply to this category: • Up to 25 acres of non-residential uses permitted within the Mixed Use — Community areas as shown on the Future Land Use Map. In Mixed Use — Community areas that are not Neighborhood Centers, over 25 acres of non-residential uses shall be permitted (through the CUP process). • Up to 200,000 sq. ft. of non-residential building area • Residential density of 3 to 15 units/acre Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): • Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner.- 0 anner.• The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (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 VII, Goal IV, Objective D, Action 2: Restrict curb cuts and access points on collectors and arterial streets. Pine Avenue is classified as a collector roadway in this area. The proposed access points to Pine Avenue should comply with ACM's standards. • Chapter VII, Goal IV, Objective C, Action 1: Protect existing residential properties from incompatible land use development on adjacent parcels. This is an infill parcel with the properties adjacent to the subject site varying in density and housing type. North of the site are existing and proposed single-family and multi family dwellings. East of the site is a single-family subdivision. West of the site is a mixed-use development with multi family dwellings (attached duplexes). The subject project is denser Canterbury Commons Subdivision AZ-06-013/PP-06-011/CUP-05-006/PS-06-005NAR-06-005 PAGE 8 CITY OF MERIDIAN PLANNINWEPARTMENT STAFF REPORT FOR THE HAG DATE OF JULY 11, 2006 than any of the adjacent projects, but does provide a transition from the less dense Morning Glory Subdivision, with the townhouses to the proposed multi family. Although staff believes that attached single-family and detached single-family are compatible land uses, staff believes that the lot sizes proposed along the eastern boundary should be increased to provide a better transition in lot size. • Chapter V, Goal 1, Objective A, Action 11: Improve and protect creeks (Five Mile, Eight Mile, Nine Mile, Ten Mile, South Slough, and Jackson and Evans drainages) throughout commercial, industrial and residential areas. The Eight Mile Lateral and the Ten Mile Drain course through or adjacent to this site. Staff believes that the Eight Mile and the Ten Mile should be protected and enhanced by leaving them open and constructing a pathway adjacent to the Eight Mile (see Exhibit B). • Chapter VII, Goal IV, Objective D, Action 5: Require appropriate landscape and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.). The applicant is proposing to construct a 20 foot wide landscape buffer adjacent to Pine Avenue. By ordinance, the Pine Avenue landscape buffer is required in a common lot. • Chapter VI, Goal II, Objective A, Action 3: Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land -use decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Staff believes that the subject applications generally comply with the policies listed in the literature noted above. • Chapter VI, Goal II, Objective A, Action 6: Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The adjacent projects have not provided opportunities for the subject site to provide vehicular connectivity (no stub streets). The applicant is proposing a loop street system within this development. Two new connections to Pine Avenue are proposed. • 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 adjacent projects have not provided opportunities for pedestrian connections with this property. The applicant is proposing to construct 5 -foot wide attached sidewalks adjacent to the internal streets (private and public). The applicant is also proposing to construct an internal pathway system. To enhance the community pathway system, staff recommends that a pathway be provided through Lot 9, Block 2, connecting the sidewalk on Jayton Drive with the sidewalk on Pine Avenue. Stafffurther recommends that Lot 29, Block 1, be designated as a common lot and a pathway be constructed through this lot. • Chapter VII, Goal IV, Objective C, Action 6: Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity. Canterbury Commons Subdivision AZ-06-013/PP-06-011/CUP-05-006/PS-06-005NAR-06-005 PAGE 9 CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HANG DATE OF JULY 11, 2006 See analysis above. • Chapter VII, Goal I, Objective D, Action 9: Require new residential development to provide permanent perimeter fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. Prior to construction of any buildings, fencing should be constructed around the perimeter of this site. Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's zoning and development request is appropriate for this property. 9. UNIFIED DEVELOPMENT CODE a. Allowed Uses in the Residential Districts: UDC Table 11-2A-2 lists multi -family development uses as conditional uses in the R-15 zoning district; townhouses are principally permitted in the R-15 zone. b. Purpose Statement of Zone: MEDIUM-HIGH DENSITY RESIDENTIAL DISTRICT (R-15) The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. Residential land uses are also allowed within the O -T, TN -C, and TN -R districts as set forth in Chapter 3 Article D. c. Multifamily Development (UDC 11-4-3.27) The following standards shall apply for the multifamily units, including standards for Site Design, Common Open Space, Site Amenities, Architectural Character, Landscaping, and Maintenance. Site design (UDC 11 -4-3.27B): 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 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 Canterbury Commons Subdivision AZ-06-013/PP-06-011/CUP-05-006/PS-06-005NAR-06-005 PAGE 10 G DATE OF JULY 11, 2006 CITY OF MERIDIAN PLANNO DEPARTMENT STAFF REPORT FOR THE HEIN 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. 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.F): Development shall meet the minimum landscaping requirements in accord with Chapter 3 of this Title. Canterbury Commons Subdivision AZ-06-013/PP-06-011/CUP-05-006/PS-06-005NAR-06-005 PAGE 11 CITY OF MERIDIAN PLANN DEPARTMENT STAFF REPORT FOR THE APING DATE OF JULY 11, 2006 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 Analysis Leading to Staff Recommendation As submitted, the subject applications appear to substantially comply with the Unified Development Code and the Comprehensive Plan. In each section below, staff has provided analysis regarding the proposed development. 1. AZ Application: Based on the policies and goals contained in the Comprehensive Plan staff believes that this is a good location for a higher density development and the proposed R-15 zoning. Please see Exhibit D for detailed analysis of the required facts and findings for a Zoning Amendment. The annexation legal description submitted with the application (stamped on 12/1/2005 by Walter L. Neitz, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. UDC 11 -5B -3D2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Staff believes that a DA is necessary to ensure that this property is developed in a fashion that is consistent with the comprehensive plan designations and does not negatively impact nearby properties. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner(s) (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City AttomeL Bill Nary at 888-4433 to initiate this process Staff recommends that the Commission and Council direct the City's Legal Department to draft a development agreement for Canterbury Commons Subdivision as follows: That all future development shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive Canterbury Commons Subdivision AZ-06-013/PP-06-011/CUP-05-006/PS-06-005NAR-06-005 PAGE 12 CITY OF MERIDIAN PLANNIODEPARTMENT STAFF REPORT FOR THE HEIG DATE OF JULY 11, 2006 production of traffic, noise, smoke, fumes, glare or odors. 2. That all future development of the subject property shall be consistent with the applicant's approved preliminary plat and site plan unless otherwise modified by other provisions of the DA, or in the future by the City Council. 3. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. 4. That the future uses and lots on this site shall conform to the District Regulations contained in the Unified Development Code (UDC), in effect at the time of development. 5. That the applicant will be responsible for all costs associated with the sewer and water service extension. 6. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 7. That prior to issuance of any building permit, the subject property be subdivided (a recorded final plat) in accordance with the City of Meridian Unified Development Code. 8. That all landscape street buffers and land use buffers will be constructed in accordance with the UDC provisions in effect at the time of development. 9. That the applicant agrees to provide amenities on this site as depicted on the revised preliminary plat dated May 19, 2006. 10. That no more than 116 buildable lots and 263 dwelling units may be constructed on this site. 11. That the applicant agrees to condo all of the proposed 4plexes That said condo plat(s) shall be completed prior to occupancy of any of the units. 12. The applicant shall be required to provide an easement for a future public bus pull outtbus stop along Pine Avenue. 13. The specific design criteria and elevations presented by the applicant and discussed during the City Council meetings shall be included within the development agreement for this site. 2. PP/CUP/PS Applications: Landscaping_ The landscape plan prepared by Jensen Belts, stamped revised on 5-25- 06, should substantially comply with the UDC if the following modifications/notes are made: • Provide a 20 -foot wide landscape buffer along Pine Avenue that is in a separate common lot. The landscape buffer along Pine Avenue shall be designed in accordance with UDC 11-3B-7. • Match the location and design of the clubhouse, pool and tot -lot areas with the preliminary plat. • Provide landscaping in compliance with UDC 11-3B-12, adjacent to the micro -paths. • All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11-3B-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B-11. If the Canterbury Commons Subdivision AZ-06-013/PP-06-011/CUP-05-006/PS-06-005NAR-06-005 PAGE 13 CITY OF MERIDIAN PLANNIODEPARTMENT STAFF REPORT FOR THE HANG DATE OF JULY 11, 2006 stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3B-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Council signature of the Final Plat. All standards of installation shall apply as listed in UDC 11-3B-14. Submit 10 full size copies and one 8.5" x 11" copy of the revised landscape plan, reflecting the changes/notes mentioned above, to the Planning Department at least 10 days prior to the next public hearing. On May 25b Planning Staff received a revised landscape plan from Jensen Belts. This landscape plan is not stamped with a revision date, but does reflect the changes mentioned within the Staff Report. A landscape plan dated June 26th, 2006 has been submitted. 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 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. Private Useable Open 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. Pg�ddW UDC 11 -3C -6.A requires townhouse dwellings with 2 or more bedrooms to have a two -car garage and a 20' x 20' parking pad in front of each garage. 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. The submitted site layout still does not propose any covered parking spaces for the multi -family (4-plex) dwellings. All townhouse dwellings should contain the necessary 20' x 20' parking pad in front of the garage. The applicant should be required to comply with the off-street parking requirements of the UDC. This concern has been addressed with the revised plans. Amenities: The applicant is required to provide amenities for the multifamily development. For multi -family developments with more than 100 units, the decision making body shall require additional amenities commensurate to the size of the development (UDC 11 -4 -3.27D -2d). As a reference, the UDC requires multi -family developments containing 75 units or more to provide 4 amenities, with at least one from each category (Quality of Life, Open Space, and Recreation). The applicant is providing amenities as follows: 3,000 square -foot community club house and fitness facility (Quality of Life), property management office, maintenance storage area, development map/directory, pool (Recreation), tot -lots, half basketball court (Recreation), walking trails (Recreation), picnic tables (Quality of Life), and open space (Open Space). Staff recommends that the Commission and Council determine if the proposed amenities are sufficient for a development of this size Elevations: The applicant has submitted building elevations for the proposed 4-plex structures (see Exhibit A). UDC 11-4.3 requires multifamily structures to comply with Canterbury Commons Subdivision AZ-06-013/PP-06-011/CUP-05-006/PS-06-005NAR-06-005 PAGE 14 CITY OF MERIDIAN PLANADEPARTMENT STAFF REPORT FOR THE HE G DATE OF JULY 11, 2006 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 4-plex buildings in the future, that the elevations comply with the UDC requirements. Internal Pedestrian Paths: To allow for the pedestrian pathways in this development to flow better, staff is recommending that additional legs to the system be added through Lot 29, Block 1, Lot 9, Block 2, and Lot 1, Block 3. The micro-paths/pathways shall be constructed in accordance with UDC 11-3A-8 (construction) and UDC 11-3B (landscaping). These pathways have been depicted on the revised plat. Further, the applicant is showing a pathway along the Ten Mile Stub Drain. The proposed pathway along the Ten Mile Stub Drain is within the adjacent buildable lots, and not on a common lot. Ideally this pathway should be in a common lot. However, if the Commission believes that access to said pathway for all of the 4-plex lots can be allowed as shown, either a note on the face of the final plat, or in a document such as OCR's should be provided by the applicant. Further, this pathway dead -ends at the south end of the property, making access to the pathway difficult for most of the future residents of this development. Staff recommends that an additional leg of the pathway be provided through Lot 26, Block 1, that connects with the sidewalk on Lot 6, Block 1. The additional pathw4y leg has been shown on the revised plans In 1996, COMPASS adopted the pathway recommendations laid out in the Ridge -to - Rivers Pathway Plan (1996). The goals of the plan include developing a bikeway and pathway system that encourages non -motorized transportation and enhances recreational opportunities. The Union Pacific Railroad corridor abutting the south property line is shown as a proposed multi -use pathway in Figure VI -3 (Off -Street Multiple -Use Pathways) in the adopted Comprehensive Plan. In the past, the City has not required the construction of a pathway within the Union Pacific Railroad corridor, but has required developers that abut the future pathway to provide a minimum of 5 -feet of landscaping. Consistent with previous Council action, the applicant should not be required to construct a multi -use pathway adjacent to the southern boundary, but should be required to provide a minimum of 5 -feet of landscaping along the south property line. At a minimum, the applicant should be required to plant trees in accordance with MCC (1 tree per every 35 -lineal feet) on the south side of the buildings adjacent to the south property line. Eight Mile Lateral and Ten Mile Drain: The Eight Mile Lateral and the Ten Mile Drain course through or are adjacent to this site. Staff believes that the Eight Mile and the Ten Mile should be protected and enhanced by leaving them open and constructing pathways adjacent to them. The applicant is proposing to construct chain link fencing adjacent to the Eight Mile Lateral, between the pathway and the lateral, and solid fencing along the Ten Mile Stub Drain. UDC 11 -3A -6B3 requires open ditches, laterals, canals, and drains to be fenced with a chain-link fence (see Fencing below). Existing Residences/Buildings: The site currently contains multiple buildings. Because the existing structures span across proposed lot lines, all buildings shall be removed or relocated, prior to signature of the final plat by the City Engineer. Multi -family Setbacks: The UDC does not have a specific setback between internal Canterbury Commons Subdivision AZ-06-013/PP-06-011/CUP-05-006/PS-06-005NAR-06-005 PAGE 15 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE ING DATE OF JULY 11, 2006 multi -family units. However, there may be a problem with not providing a full 10 -foot front setback to the 4-plex units; utilities may need a wider easement. Depending on the size of water services used, a setback from the sidewalk of less than 10 feet to the four-plexes (which is being proposed for several of the units) does not allow for enough room for water meters and joint utility service lines. Staff is still concerned about the proposed substandard joint utility trench area, and requests that the applicant provide a full 10 -foot wide setback between the 4-plexes and the adjacent sidewalk. Coordination and approval by joint trench and the Public Works Department should be required for any setbacks less than 10 feet. On June 27, 2006, Jim Johnstone from Idaho Power Company submitted a letter regarding the 7 -foot wide utility easement The letter states that Idaho Power has granted similar requests in the past However, because this request is for an easement that is outside of the normal width Idaho Power would like to view a copy of the pLeliminM plat before giving the formal ok to proceed (see Exhibit B for more comments from Idaho Power Company). Refuse Areas: The Sanitary Services Company (SSC) has commented that the proposed dumpster locations may not be adequately designed. Further, none of the submitted plans call -out how or if the refuse areas will be screened 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. The revised preliminary plat has new dumpster locations and design proposed. Pine Avenue Street Buffer: A 20 -foot wide street buffer is required along Pine Avenue, a collector street (UDC 11-2A-6). UDC 11-3B-7C2a requires all residential subdivision street buffers to be located on a common lot maintained by a home- owners association. Street buffers are not required adjacent to the other, internal streets. The submitted plans should be revised by placing the 20 -foot wide street buffer for Pine Avenue within a common lot. The revised preliminary plat depicts the required street buffer along Pine Avenue within a common lot. 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 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 11-1 A). 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 19% (3.89 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 Canterbury Commons Home Owners' Association(s). The revised preliminary plat does show revised calculations for open space. Open space has been added to the northwest corner or the site, as well as the southeast comer of the site. Some smaller open space areas have also been added internally. Staff believes that the open space proposed complies with the UDC. Canterbury Commons Subdivision AZ-06-013/PP-06-011/CUP-05-006/PS-06-005NAR-06-005 PAGE 16 CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HECG DATE OF JULY 11, 2006 Fencing: The applicant has proposed a 6 -foot tall solid fence along the west, south and east boundaries of the development. Adjacent to the Eight Mile Lateral a chain-link fence is proposed. Chain-link fencing should be installed along both the Ten Mile Stub Drain and Eight Mile Lateral. 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 fencing shall be designed according to UDC 11-3A-7. 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. Private Streets: The applicant is proposing to use private streets to provide access to Pine Avenue. The applicant has submitted a Private Street application as required by UDC 11-3F-3. The private street standards are listed in UDC 11-3F. Staff is generally supportive of private streets for multi -family developments. This project is no exception. However, staff has some concerns with the layout of the private streets, as they do not provide an efficient pedestrian and vehicular street system. There are several of the proposed multi -family units that are double -fronted, or sandwiched, between a public street and a private street. This is not an efficient site layout. The applicant should design and construct the private streets in compliance with the standards listed for Private Streets in UDC 11-3F and as mentioned in the Staff Report. Please see Exhibit D below for the required findings for private streets. The applicant has submitted elevations for but has not re -designed the project so there are not double fronted 4-plex units. Parking area on west end of Lot 5 Block 1. Originally, the parking area on the northwest side of the development exceeded the maximum 150 -feet length allowed by the Fire Department. The length of Lot 5, Block 1, (revised as Lot 6, Block 1) has been shortened on the revised preliminary plat. Site Lugut/Density: The revised preliminary plat shows 263 dwelling units where 272 units were originally proposed, As noted in the Comprehensive Plan Policies and Goals Section, this area is designated mixed use. This designation anticipates higher densities in this area. However, staff believes that there are some design problems with the way the development is currently laid out. Lot 29, Block 1, sticks out into the private street drive lanes and prohibits pedestrians and vehicles from efficiently maneuvering in the development. Staff recommends that this lot become a common lot. On the revised preliminary plat, the pathway that was shown on the back side of the townhouses in Block 3, has been removed. Staff is supportive of this, as pedestrians can use the nearby sidewalk. However, Lot 29, Block 1 and the design of the private street drive lanes have not been amended. Canterbury Commons Subdivision AZ-06-013/PP-06-011/CUP-05-006/PS-06-005NAR-06-005 PAGE 17 CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HEG DATE OF JULY 11, 2006 Staff is also concerned about the street system proposed. There is a full block of 4- plex units that have frontage on both the public street and the private street. This design is not efficient for services and is not desirable for future tenants and they will be sandwiched between two streets. Further, there is no variation in buildings or setbacks in this area; all of the units have the same street setbacks. The revised preliminary plat does show a variation of building setbacks but does not address the double frontage lot issue. Staff believes that the applicant has substantially complied with the changes requested and staff is recommending approval of the revised site plan/preliminary plat with the conditions listed in Exhibit B. pap M Mr -mm- RT" MWNra Staff Recommendation: Based on the facts provided in this report, staff recommends approval of File Numbers AZ -06-013, PP -06-011, CUP -06-006, and PS -06-005. On June 1, 2006 the Meridian Planning & Zoning Commission voted to recommend annroval of the subject applications. On September 12, 2006 the City Council voted to approve the subiect applications. A. Drawings 1. Preliminary Plat (dated: 12-14-05 REVISED 5 19 06 Revised 6-30-06) Canterbury Commons Subdivision AZ-06-013/PP-06-011/CUP-05-006/PS-06-005NAR-06-005 PAGE 18 5-0 1 �\ H\ Staff Recommendation: Based on the facts provided in this report, staff recommends approval of File Numbers AZ -06-013, PP -06-011, CUP -06-006, and PS -06-005. On June 1, 2006 the Meridian Planning & Zoning Commission voted to recommend annroval of the subject applications. On September 12, 2006 the City Council voted to approve the subiect applications. A. Drawings 1. Preliminary Plat (dated: 12-14-05 REVISED 5 19 06 Revised 6-30-06) Canterbury Commons Subdivision AZ-06-013/PP-06-011/CUP-05-006/PS-06-005NAR-06-005 PAGE 18 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE H RNG DATE OF JULY 11, 2006 2. Landscape Plan (dated: 10-19-05 " on 5 25 06 by the Mer-idian Plam+ing Dep Revised 6-26-06) 3. Site Plan (dated: 10-10-05) 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 8. Central District Health Department 9. Idaho Power Company C. Legal Descriptions D. Required Findings from Unified Development Code Canterbury Commons Subdivision AZ-06-013/PP-06-011/CUP-05-006/PS-06-005NAR-06-005 PAGE 19 CITY OF MERIDIAN PLANNO DEPARTMENT STAFF REPORT FOR THE ING DATE OF JULY 11, 2006 A. Drawings 1. Preliminary Plat (dated: 12-14-05 REWSED 5 19 06 Revised 6-30-06) Exhibit A — Page 1 I saa .a aa_ sex ,, K12Y8e�P'2:9&#4, ai$Q �"Vvm ism troa- „ �,� �oRa' -,. .. � ...:.. Exhibit A — Page 1 I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE KING DATE OF JULY 11, 2006 2. Exhibit A — Page 2 Landscape Plan (dated 10-19-05 evised 6-26-06) s� fit CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE DING DATE OF JULY 11, 2006 3. Site Plan — (dated 10-10-05 NOT APPROVED) r Exhibit A — Page 3 & CITY O MERIDIAN PLANNODEPARTMENTS AFF REPORT FOR THE HANG DAT OF JULY e,2 % Elevations Exhibit A - Page 4 mm y AMEL zqjaWao b%!|k / u I •.| .Q.a \} \ � Exhibit A - Page 4 mm y AMEL zqjaWao b%!|k / u CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE JONG DATE OF JULY 11, 2006 9 s "c II ! Ray�� � ol • ffi SR lip! � Exhibit A — Page 5 '1 A CITY OF MERIDIAN PLANNIODEPARTMENT STAFF REPORT FOR THE HERNG DATE OF JULY 11, 2006 I Exhibit A — Page 6 &413M U*4mw 11 —, —1 --;—, tam W4 Azqmlu, 11 j e lkCITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HE DATE OF JULY 11, 2006 w la"s ad 3 P i is 2dS-4cov E3Cf_. iti A� b r� ire" Exhibit A — Page 7 CITY OF MERIDIAN PLANA DEPARTMENT STAFF REPORT FOR THE I ING DATE OF JULY 11, 2006 WE Exhibit A — Page 8 CITY OF MERIDIAN PLANNIDEPARTMENT STAFF REPORT FOR THE HANG DATE OF JULY 11, 2006 Exhibit A — Page 9 CITY O MERIDIAN PLANNODEPARTMENTS AFF REPORT FOR THE HONG DAT OF JULY e,2 % Exhibit A -PaA 10 w !�...\�. \}■\$ CITY OF MERIDIAN PLANNII�TG DEPARTMENT STAFF REPORT FOR THE HEG DATE OF JULY 11, 2006 B. Conditions of Approval 1. Planning Department Annexation and Zoning Comment – There will be a requirement for a Development Agreement on this site. Details of said Development Agreement are found in Section 10 of the Staff Report 1.1 SITE SPECIFIC REQUIREMENTS—PRELIMINARY PLAT (PP -06-011) 1.1.1 The preliminary plat/site plan labeled Sheet P1, prepared by Treasure Valley Engineers, dated May 19, 2006, is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation (AZ -06-013) and Conditional Use Permit (CUP -06-006) shall also be considered conditions of the Preliminary Plat (PP -06-011). 1.1.2 The landscape plan prepared by Jensen Belts, revised on 5-25-06, is approved with the following modifications/notes: • Provide a 20 -foot wide landscape buffer along Pine Avenue that is in a separate common lot. The landscape buffer along Pine Avenue shall be designed in accordance with UDC 11-3B-7. • Match the location and design of the clubhouse, pool, basketball court, tot -lots, and picnic areas with the preliminary plat. • Provide landscaping in compliance with UDC 11-3B-12, adjacent to the micro -paths. • Provide a minimum 5 -foot wide landscape buffer and trees along the southern boundary of the development. • All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11-313-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non- vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B-11. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3B-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. • A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Council signature of the Final Plat. All standards of installation shall apply as listed in UDC 11-3B- 14. The applicant shall submit revised landscape plans with the final plat application(s). 1.1.3 Provide private streets within the 4-plex portion of this development. Said private streets shall comply with the standards listed for Private Streets in UDC 11-3F. Provide a cross parking/cross access easement for all of the lots in Block 1 to use common Lot 6 (private streets) as access to Pine Avenue. Prior to the signature of the final plat by the City Engineer, provide a copy of a recorded cross-access/ingress-egress and parking maintenance agreement for Lot 6. 1.1.4 Prior to signature of the final plat by the City Engineer, all buildings shall be removed or relocated, prior to signature of the final plat by the City Engineer. Exhibit B — Page 1 CITY OF MERIDIAN PLANNDEPARTMENT STAFF REPORT FOR THE HEG DATE OF JULY 11, 2006 1.1.5 Provide solid fencing along the south and east sides of the project. Provide chain-link fencing along the Eight Mile Lateral and the Ten Mile Stub Drain. Perimeter, common open space, and micro -path fencing shall be designed according to UDC 11-3A-7. 1.1.6 Maintenance of all common areas shall be the responsibility of the Canterbury Commons Subdivision Homeowners' Association. 1.1.7 All irrigation ditches, laterals or canals, exclusive of natural waterways (Ten Mile Stub Drain and Eight Mile Lateral), intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 12-4-13, unless otherwise approved by the Irrigation District(s). Plans will need to be approved by the appropriate inigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.1.8 Other than the two access points approved by ACHD, direct lot access to W. Pine Avenue is prohibited. A note shall be placed on the final plat restricting access to W. Pine Avenue. 1.1.9 Underground year-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant shall 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. 1.1.10 All internal sidewalks shall be constructed as submitted and in accordance with MCC 12-5-2.K. 1.1.11 No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a Certificate of Zoning Compliance (CZC) permit from the Meridian Planning and Zoning Department (MCC 11-19-1). NOTE: Multiple 4-plex and or townhouse units may be contained in a single CZC permit. 1.1.12 Prior to obtaining certificate(s) of occupancy, all development improvements, including perimeter fencing, irrigation, and landscaping shall be installed. 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, amenities, sewer, water, etc. 1.1.13 Add a pathway at the southwest comer, between Lots 26 and 27 that connects the sidewalk on the private street with the multi -use pathway gdjacent to the Ten Mile Stub Drain 1.1.14 Provide an easement for a public bus pull out/bus stop along Pine Avenue Coordinate the location of the easement with Valley Ride staff. 1.2 GENERAL REQUIREMENTS—PRELIMINARY PLAT (PP -06-011) Exhibit B — Page 2 CITY OF MERIDIAN PLANNIODEPARTMENT STAFF REPORT FOR THE HAING DATE OF JULY 11, 2006 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 11-313. 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 -06-006) 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 All townhouse dwellings shall contain a 20' x 20' parking pad in front of a two -car garage. Provide at least 392 covered parking spaces for the 4-plex units. 1.3.3 Provide at least 80 square feet of private, usable open space for each 4-plex unit, such as a patio or deck. 1.3.4 All elevations of the 4-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 Providing the following amenities: 3.89 acres of common open space, a 3,000 square -foot community club house and fitness facility, a property management office, a maintenance storage area, a development map/directory, a pool, two tot -lots, a half basketball court, walking trails along the Ten Mile Stub Drain and Eight Mile Lateral and throughout the project, and picnic tables on Lot 9, Block 2,_ and as required by the Planning & Zoning Commission. 1.3.6 Construct an additional leg of the pathway along the Ten Mile Stub Drain north through Lot 26, Block 1, that connects with the sidewalk on Lot 6, Block 1. Provide either a note on the face of the final plat, or in a document such as CCR's , an access easement for all of the lots within this Exhibit B — Page 3 CITY OF MERIDIAN PLANNISDEPARTMENT STAFF REPORT FOR THE HAING DATE OF JULY 11, 2006 development to use the pathway that runs along the Ten Mile Stub Drain. 1.3.7 Unless otherwise approved by the Public Works Department, provide a full 10 -feet between the front of the 4-plex units and the back of the adjacent sidewalk. Provide a 5 -foot wide side setback (10 -feet between buildings) between buildings. 1.3.8 Provide open -vision (chain link) fence along Eight Mile Lateral and the Ten Mile Stub Drain. 1.3.9 All comments and conditions of the accompanying Annexation (AZ -06-013) application and Preliminary Plat (PP -06-011) application shall also be considered conditions of the Conditional Use Permit (CUP -06-006). 1.3.10 The applicant shall alien, where appropriate, the handicapped parking stalls as to provide an open corridor for fire department gurney access to the units. 1.3.11 2. Public Works Department 2.1 Sanitary sewer service to this development is being proposed via extension of mains in W. Pine Avenue. Those mains currently flow to the Moshers Farm lift station. There is currently a City of Meridian project underway to decommission that lift station and allow for these mains to gravity flow. If this city proj ect is not completed prior to final plat application of this project, the applicant shall be responsible to submit written permission from the owner of the Mosher Farms lift station to discharge to it, as well as be responsible for any upgrades that may be required. 2.2 The proposed five foot setback from the sidewalk to the four-plexes may not be adequate to install larger diameter water services that are often used in these types of buildings. If the larger diameter water meters are used then the applicant shall increase the amount of setback to ensure adequate room to install the water services. 2.3 Prior to the next public hearing, the applicant shall meet with Vic Steelman of Idaho Power (388- 6320) to discuss routing of the common trench through the multi -family portion of this project. The applicant shall submit to the City a letter from Idaho Power stating that they are 4P rp oving a substandard utility easement for this project. 2.3 The applicant shall install all sewer mains necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.4 Water service to this site is being proposed via extension of mains in W. Pine Avenue. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works, and execute standard forms of easements for any mains that are required to provide service. 2.5 All sewer and water mains not in the right-of-way shall be centered in a 20 -foot wide easement. 2.6 The applicant has indicated Nampa and Meridian Irrigation District will own and operate the pressure irrigation system in this proposed development therefore a letter of plan approval shall be submitted prior to scheduling of a pre -construction meeting. Exhibit B — Page 4 CITY OF MERIDIAN PLANA DEPARTMENT STAFF REPORT FOR THE I&G DATE OF JULY 11, 2006 2.7 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.8 All existing structures shall be removed prior to signature on the final plat by the City Engineer. 2.9 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. 2.10 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. 2.11 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.12 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. 2.13 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.14 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.15 All development improvements, including but not limited to sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.16 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 2.17 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.18 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.19 Applicant shall be responsible for application and compliance with any Section 404 Permitting Exhibit B — Page 5 CITY OF MERIDIAN PLAA DEPARTMENT STAFF REPORT FOR THE FIRING DATE OF JULY 11, 2006 that may be required by the Army Corps of Engineers. 2.20 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.21 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.22 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 2.23 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. Fire Department 3.1 One and two family dwellings will require a fire -flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500' 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 %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 shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. i. Fire sprinklers required for four-plexes. 3.4 All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 3.5 For all Fire Lanes, paint the curb red and 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 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. 3.8 Maintain a separation of 5' from the building to the dumpster enclosure. Exhibit B — Page 6 CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HANG DATE OF JULY 11, 2006 3.9 The first digit of the Apartment/Office Suite shall correspond to the floor level. 3.10 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.11 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.12 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. 3.13 The Fire Department requires 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. Revise the western terminus of Lot 5, Block 1 to either be less than 150 -feet, or provide a turnaround. 3.14 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). 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). 3.15 All R-2 occupancies with 3 or more units or with 3 floors shall be required to be fire sprinklered. 3.16 Pool chemicals shall be stored in compliance with the International Fire Code. 3.17 Side yard fences shall not be allowed. 4. Police Department 4.1 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 Department All parking spaces shall be assigned to a specific dwelling unit or for guest use. The parking space identification shall use a different numbering system than the dwelling units. 4.2 The fagades of the multi -family buildings shall include windows that look onto the parking areas and/or other public areas. 4.3 The applicant shall submit a revised landscape plan that uses walkways and landscapine to direct visitors to the main entrance and away fromprivate areas. 4.4 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 Exhibit B - Page 7 CITY OF MERIDIAN PLANNO DEPARTMENT STAFF REPORT FOR THE HUNG DATE OF JULY 11, 2006 5. Parks Department 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13-6) will be followed. 5.2 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. 6. Sanitary Service Company 6.1 Waste enclosure locations: There is a concern that the enclosures are not located to minimise service vehicle backing -up requirements. Large waste vehicles have blind spots when backing up is required. 98% of waste vehicle accidents occur when backing -up. Please contact Bill Gregory at SSC (888-3999) to discuss this matter prior to the next public hearing. 7. Ada County Highway District Site Specific Conditions oLA roval 7.1 Construct West Pine Avenue as one half of a 46 -foot street section with vertical curb, gutter and 5 -foot sidewalks within 70 -feet of right-of-way (35 -feet from centerline). Widen the bridge on the northwest and northeast property lines to accommodate the proposed pavement widening along West Pine Avenue. Locate the improvements to West Pine Street approximately 346 -feet east of the northwest property line to provide a consistent street section for the Capital Improvements Plans widening of the intersection of Ten Mile Road and West Pine Street. 7.2 Construct internal roadways as 33 -foot street sections. 7.3 Access on West Pine Avenue must align with northern access in the two proposed places: West Jayton Drive, a proposed public street, located 497 -feet west of the northeast property line and North Lyndhurst Lane, a proposed private street, located 476 -feet east of the northwest property line. ACHD requires Fire Department approval for these street sections. 7.4 Construct the intersection of North Glen Oaks Avenue and West Jayton Drive to a minimum intersection measurement of 75 -degrees. 7.5 Construct West Jayton Lane in alignment with West Jayton Drive at the intersection of West Pine Avenue. 7.6 Construct West Snyder Lane in alignment with West Snyder Street at the intersection of North Glen Oaks Avenue. Exhibit B — Page 8 CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HEIING DATE OF JULY 11, 2006 7.7 Other than the access specifically approved with this application, direct lot access to West Pine Avenue is prohibited and shall be noted on the final plat. 7.8 Comply with all Standard Conditions of Approval. Standard Conditions oLApproval 7.1b Any existing irrigation facilities shall be relocated outside of the right-of-way. 7.2b Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 7.3b All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.4b 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. 7.5b Comply with the District's Tree Planter Width Interim Policy. 7.6b 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. 7.7b 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. 7.8b 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. 7.9b 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. 7.1 Ob 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. 7.1 lb 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 ACED Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.12b 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 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE F&G DATE OF JULY 11, 2006 7.13b Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. Central District Health Department 8.1 After written approval from appropriate entities are submitted, we can approve this proposal for central sewage and central water. 8.2 The following plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: central sewage and central water. 8.3 Run-off is not to create a mosquito breeding problem. 8.4 It is recommended that storm water be pre-treated prior to discharge to the subsurface to prevent impact to ground water and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for storm water disposal and design a storm water management system that is preventing groundwater and surface water degradation. 9. Idaho Power Company 9.1 I have visited with Vic Steelman, our joint trench coordinator, about your request for a seven foot wide utility easement in the Canterbury Commons Subdivision. Your request for seven feet is less than our normal ten foot wide easement. To accomplish this you also offered to allow us to place our devices in an island area adjacent to the parking area next to the sidewalk. We have on a very limited basis allowed this but additional utility easements are required to do this. The easement would join the street side of the standard easement and be large enough to create a box around the island in the parking lot. Our transformers would occupy the island as well as the devices of the telephone and cable tv companies. The joint trench running line would be in the seven foot utility easement with conduit stubs to the transformers. Our j -boxes would be in the normal utility easement. Since this request is for an easement that is outside of our normal width we would like to view a copy of the preliminary plat before giving formal ok to proceed with the request. Thank You, please call me at 388-5585 if you have further questions. Exhibit B — Page 10 CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HANG DATE OF JULY 11, 2006 C. Legal Description UNUMITED BOUNDARIES, INC. :08AAssociated Land Surveyors hkzs 1103 W. Main St, mmmmkil. Middleton, idaho 83644 The following describes a parcel of real property being a portion of Cha Southwest Quarter ofSectior. ,. 11, Township 3 North, Range I West, 6-H., City of Meridian, Ada county, Idaho. and being �oXe particularly described as follows: COMmencing at the Center Quarter corpe;r of said Section 11, thence along the east -West centerline of Said Section 11, 572.46 leet to the POINT OF WGINNIM; Thence, leaving said canterline, S00050119 -w, 925.48 feet to tr'o northerly Right-of-way of the union Pacific Railroad; Thence, along said Right -of -Way, N88'27'40"W, 634,91 feet to the centerline of the Ten Mile Stub Drain; Thence, along said centerline, N02056,1511E, 47,88 feet Thence, COAL ming ,along said centerline, 0420*45'45"We 98,e,2 feet, Thence, continuing along said centerline, N41"18'45'W, 515.84 Beet; Thence, continuing along said centerline, N59426' 45"W, 645.83 feet; Thence, leaving said canterline, N00*52115-E, 74.93 feet to the east -west canterline of said Sectii�m 11, Thence, along said centerline, 9859*10,45"c, 1576.42 feet to rhe rem or aramma, The above described parcel of real property contains 21.77 acres, more or 1060 and is subject to the Rights -of -Way of the Zfight Mile Lateral bt,ing Sixty-feet(601i in width, west Pine Avenue being Twenty -Five feet (50') in width and an e4SMenr for the Ten Mile Otqb D'rain being Sixty - feet (60*) in width. RE go-AO.Vy ZY DEPT, Exhibit C — Page 1 CITY OF MERIDIAN PLANA DEPARTMENT STAFF REPORT FOR THE HkG DATE OF JULY 11, 2006 I Exhibit C — Page 2 fin N44 'N .39"Ifitsiz O Po A PC Uq Ito z - e it L ado fli z r43 ;r+. fin N44 'N .39"Ifitsiz O CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HEWG DATE OF MARCH 16, 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: A. The map amendment complies with the applicable provisions of the comprehensive plan; Council fords 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). B. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council fords that there are several uses that are allowed and conditionally allowed within the requested zoning districts of R-15. Specifically, multi -family uses are conditionally allowed and townhouses are principally permitted. Council fords that the development of this property should be required to comply with the established regulations and purpose statements of the requested zone. See Section 10, Analysis above for information on the regulations that need to be complied with. C. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council fords that the proposed annexation and zoning, and subsequent development of this property shall not be detrimental to the public health, safety and/or welfare. The Commission and Council should rely on any oral or written testimony that may be provided when determining this finding. D. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Council fords that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. E. The annexation is in the best of interest of the City (UDC 11-511-3.E). 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. If the Council determines the annexation is in the best interest of the City, a Development Agreement (DA) with the City is required. 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: A. The plat is in conformance with the Comprehensive Plan; Exhibit D — Page 1 CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HEWG DATE OF MARCH 16, 2006 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). B. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that services can be made available to accommodate the proposed development. C. 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. D. 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 above, and the Agency Comments and Conditions in Exhibit B for more detail.) E. The development will not be detrimental to the public health, safety or general welfare; and Council is not aware of any health, safety or environmental problems associated with the development of this subdivision. ACRD considers road safety issues in their analysis. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems. F. The development preserves significant natural, scenic or historic features. Council finds that the Eight Mile Lateral and Ten Mile Stub Drain are features that should be preserved. Council is unaware of any other 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, if the Ten Mile Drain and Eight Mile Lateral are preserved and protected. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance. 3. 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 2 CITY OF MERIDIAN PLANNI EPARTMENT STAFF REPORT FOR THE HEING DATE OF MARCH 16, 2006 Council finds that the site is large enough to accommodate all required parking, landscaping, loading and other standard regulations required by the UDC. However, the applicant has applied for a variance to the standard lot size and rear building setbacks. See Section 10 of the Staff Report for detailed analysis. B. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. Council finds that the 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. Council finds that the general design (as amended), construction, operation and maintenance of the townhouse and multi -family uses will be compatible with other uses in the general neighborhood and with the existing and intended character of the vicinity as to not adversely change the character of the area. 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. 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. 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. 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. Exhibit D — Page 3 CITY OF MERIDIAN PLANNIVEPARTMENT STAFF REPORT FOR THE HE G DATE OF MARCH 16, 2006 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 general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. Council finds that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. Council does not believe that the amount of traffic or noise generated will be detrimental to the general welfare of the public. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposal may cause health, safety or environmental problems. 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. Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance. 4. Private Street Findings: A. The Design of the private street meets the requirements of this Article; The applicant will have to certify that the Ada County Street Naming Committee has accepted the private street names. The design of the streets meets the standards as set forth in UDC 11-317-4; no gates are allowed. Roadway and storm drainage shall be contained on site. B. Granting approval of the private street would not cause damage hazard, or nuisance, or other detriment to persons property, or uses in the vicinity; and Staff and Council does not anticipate any hazard, nuisance or other detriment from the private streets if they are constructed and maintained as designed. C. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan. The location of the private streets does not conflict with the Comprehensive Plan and/or the regional transportation plan. Exhibit D — Page 4 September 29, 2006 MERIDIAN CITY COUNCIL MEETING October 3, 2006 i PP 06-011 APPLICANT America West Homes, LLC ITEM NO. 5-D REQUEST Findings for Approval — Request for Preliminary Plat Approval of 122 residential lots and 10 common lots on 21.77 acres in a proposed R-15 zone for Canterbury Commons Subdivision — south of Pine Avenue & east of Ten Mile Rd. AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Findings CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: o / CITY PARKS DEPT: �✓" MERIDIAN SCHOOL DISTRICT: Off ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shag become properly of the City of Meridian. • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER V *G C/ 111JAP O z�z In the Matter of Annexation and Zoning of 21.77 acres to R-15 (Medium High -Density Residential), AND Preliminary Plat approval of 116 residential lots (49 4-plex lots and 67 townhouse lots) and 10 common lots on 20.32 acres, AND Conditional Use Permit approval to construct a multi -family development consisting of 196 multi -family dwelling units (4- plexes) on 49 lots and 67 townhouse dwelling units, AND Private Street approval adjacent to the proposed multi -family lots within Canterbury Commons Subdivision, by American West Homes, LLC. Case No(s): AZ -05-013, PP -06-011, CUP -06-006, and PS -06-005 For the City Council Hearing Date of. September 12, 2006 (Findings approved on October 3, 2006) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 11, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 11, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 11, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 11, 2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-013 / PP -06-011 / CUP -06-006 / PS -06-005 - PAGE 1 of 5 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, Site Plan, Landscape Plan, and the Conditions of Approval all in the attached Staff Report for the hearing date of July 11, 2006 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated June 30, 2006 is hereby conditionally approved; 2. The applicant's Landscape Plan as evidenced by having submitted the Landscape Plan dated June 26, 2006 is hereby conditionally approved; and, 3. The following modifications to the conditions were made at the City Council hearing: a. The applicant shall be required to condo the 4 -plea buildings as proposed Said condo of the 4-plex buildings shall be completed prior to occupancy of any of the units. b. The applicant shall be required to provide an easement for a future public bus pull out/bus stop along Pine Avenue C. The specific design criteria and elevations presented by the applicant and discussed during the City Council meeting shall be included within the development agreement for this site d. The applicant shall align, where appropriate, the handicapped parking stalls as to provide an open corridor for fire department gurney access to the units 4. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of July 11, 2006 incorporated by reference. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-013 / PP -06-011 / CUP -06-006 / PS -06-005 - PAGE 2 of 5 0 i D. Notice of Applicable Time Limits (as applicable) 1. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditions use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -5B -6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the Commission may be granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. 2. Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B - TA, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-013 / PP -06-011 / CUP -06-006 / PS -06-005 - PAGE 3 of 5 ! 0 Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of July 11, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-013 / PP -06-011 / CUP -06-006 / PS -06-005 - PAGE 4 of 5 i 0 By action of the City Council at its regular meeting held on the r= day of 2006. COUNCIL MEMBER SHAUN WARDLE VOTED COUNCIL MEMBER JOE BORTON VOTED 0ew COUNCIL MEMBER CHARLIE ROUNTREE VOTED ` lG COUNCIL MEMBER KEITH BIRD VOTED TIE BREAKER MAYOR TAMMY de WEERD VOTED I MAYOR T= 4,,WEERD ATTEST: s 819AL WILLIAM G. BERG, JR., CFrY CLERK ' Copy served upon: ✓ Applicant 1f""tr+ti 111" q°0 ✓ Planning Department ✓ Public Works Department t✓ City Attorney By' Dated: 10-°1-O U City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-013 / PP -06-011 / CUP -06-006 / PS -06-005 - PAGE 5 of 5 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 11, 2006 STAFF REPORT Hearing Date: July 11, 2006 TO: Mayor & City Council FROM: C. Caleb Hood, Current Planning Manager Meridian Planning Department 208-884-5533 SUBJECT: Canterbury Commons Subdivision AZ -06-013 — Annexation and Zoning of 21.77 acres to R-15 (Medium High - Density Residential) PP -06-011— Preliminary Plat of 122 residential lots (50 4-plex lots and 72 townhouse lots) and 10 common lots on 20.32 acres NOTE: Revised plat proposes 116 residential lots (49 4-plex lots and 67 townhouse lots) CUP -06-006 — Conditional Use Permit to construct a multi -family development consisting of 200 multi -family dwelling units (4-plexes) on 50 lots and 72 townhouse dwelling units NOTE: Revised site plan proposes 196 multi -family dwelling units on 49 lots and 67 townhouse dwelling units PS -06-005 — Private Street adjacent to the proposed multi -family lots within Canterbury Commons Subdivision VAR -06-005 — Variance requests to allow lot sizes in the R-15 zone to go below the 2,400 square -foot minimum (down to 1,900 square -feet) AND to allow a reduction to the standard 12 -foot rear setback of the R-15 zone (11 -foot rear setback requested) NOTE: The applicant has withdrawn this rec,uest. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, American West Homes, LLC, has applied for Annexation and Zoning (AZ) to R-15 (Medium High -Density Residential), Preliminary Plat (PP) approval of 122 residential building lots and 10 common lots, and Conditional Use Permit (CUP) approval of a multi -family development consisting of 50 4-plexes and 72 attached townhouse units on 21.77 acres of property currently zoned RUT in Ada County. The applicant is also requesting approval to construct private streets adjacent to the 4-plex units and variance approval to have substandard lots and reduced rear setbacks in the R-15 zone. The site is located on the south side of Pine Avenue, approximately 400 feet east of Ten Mile Road. Currently, there are three single-family homes and associated outbuildings on this site. The site has not been previously platted. The subject property is within the Urban Service Planning Area. NOTE: This project was originally scheduled to be heard during the March 16d' Planning & Zoning Commission hearing. The subject applications were continued from the March 16th meeting so the applicant could adequately post the site. Staff met with the applicant on March 22nd to discuss concerns staff had about the proposed development. Duringthe he April 20'h hearing the project was continued to June ls`, so the applicant could meet with Planning Staff and make revisions to the plan. Staff has updated the Staff Report to reflect the changes made. Some of the changes made include: a reduction in buildable lots from 122 to 116, adding amenities (basketball court, picnic area, tot lot area), increasing the lot size so all lots have at least 2,400 square feet, and increasing the amount of open space please see Section 10 below for analysis of all changes made). The comments below are based on the revised Prelip1bi4g Plat pLepared by Treasure Valley Engineers, last revised on May 19, 2006 and the revised Landscape Plan prepared by Jensen Belts dated 5-25-06. On June 1, 2006, the Meridian Planning & Zoning Commission voted to recommend approval of the subject project. The Commission also accepted the applicant's withdrawal letter for the variances originally requested for lot size and setbacks. The applicant has submitted a Canterbury Commons Subdivision AZ-06-013/PP-06-011/CUP-05-006/PS-06-005NAR-06-005 PAGE 1 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HERG DATE OF JULY 11, 2006 revised preliminary plat that depicts the covered parking for the multi -family units, a 7 -foot wide public utility easement in front of some of the multi -family buildings, and u dp ated project calculations. The applicant has also submitted a revised landscape plan that has a June 26, 2006 date and depicts the covered parking areas, revised amenities and pathways, and project calculations. These revised plans have been reviewed by staff and areeg nerally consistent with the Conditions listed in Exhibit B. These plans have been scanned into Exhibit A. 2. SUMMARY RECOMMENDATION The subject applications were submitted to the Planning Department for concurrent review. Generally, the Planning & Zoning Commission is the final decision making body on a Conditional Use Permit and the Director is the final decision maker on a Private Street application. However, because the City Council is the final decision making body on the Annexation, Variance and Preliminary Plat applications, all of the subject applications are being combined into one staff report. The Commission should make recommendations to the Council on all of the subject applications. After detailed review of the subject applications, staff has provided detailed analysis and is recommending approval with the conditions listed in Exhibit B. On June 1, 2006 the Meridian Planning & Zoning Commission voted to recommend approval of the subiect applications. On September 12, 2006 the Meridian City Council voted to approve the subiect applications. a. Summary of Commission Public Hearings: i. In favor: Geoff Wardle, Joe Risi, Lance Warnick, Mark Sanders ii. In opposition: None iii. Commenting: None iv. Staff presenting application: Anna Canning, Caleb Hood v. Other staff commenting on application: Mike Cole b. Key Issues of Discussion by Commission: i. Requested variances to lot size and setbacks, and not being supportive of the requests; ii. Common area calculations; iii. Elevations, particularly the double -fronted 4-plex elevations; and, iv. Layout of the project. c. Key Commission Changes to Staff Recommendation: i. None d. Outstanding Issue(s) for City Council: i. As part of the Commissions motion to recommend approval, the Commission wanted to give the Police Department an opportunity to update their comments with the revised plans. Staff recommends that the applicant give the Council an update regarding any meetings they have had with the Police Department. 3. PROPOSED MOTIONS (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ - 06 -013, PP -06-011, CUP -06-006, and PS -06-005 as presented in staff report for the hearing date of July 11, 2006 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ -06- 013, PP -06-011, CUP -06-006, and PS -06-005 as presented during the hearing of July 11, 2006, for the following reasons: (you should state specific reasons for denial of the annexation and you must state specific reasons for denial of the plat and conditional use permit.) Canterbury Commons Subdivision AZ-06-013/PP-06-011/CUP-05-006/PS-06-005NAR-06-005 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HE RI G DATE OF JULY 11, 2006 Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers AZ - 06 -013, PP -06-011, CUP -06-006, and PS -06-005 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 2735 -2985 Pine Avenue; South side of Pine Avenue, east of Ten Mile Road, in Section 11, Township 3 North, Range 1 West. b. Owners: J.S. Risi Revocable Family Trust 27 W. Anapamu #350 Santa Barbara, CA 93101 Risi Family Limited Partnership 27 W. Anapamu Street #350 Santa Barbara, CA 93101 c. Applicant: American West Homes, LLC 404 S. 8t' Street Boise, ID 83702 d. Representative: Joseph S. Risi e. Present Zoning: RUT- Ada County f. Present Comprehensive Plan Designation: Mixed Use - Community g. Description of Applicant's Request: The applicant is requesting approval of Annexation and Zoning (AZ) to R-15 (Medium High -Density Residential), Preliminary Plat (PP) approval of 122 residential building lots and 10 common lots, and Conditional Use Permit (CUP) approval of a multi -family development consisting of 50 4-plexes and 72 attached townhouse units on 21.77 acres of property currently zoned RUT in Ada County. The applicant is also requesting approval to construct private streets adjacent to the 4-plex units and variance approval to have substandard lots and reduced rear setbacks in the R-15 zone. The applicant is requesting an 11 -foot rear setback for a block of the townhouse lots. Forty-two of the seventy- two proposed townhouse lots are below the 2,400 square -foot minimum lot size; thirty of the townhouse lots meet or exceed the minimum lot size. The average lot size in the proposed development is 4,781 square feet. The gross density of Canterbury Commons is 12.5 dwelling units per acre. Approximately 12.6% of the area being developed is being set aside for open space. The applicant is proposing to construct a clubhouse, pool, tot -lot, and pathway system on Lot 42, Block 1. The applicant is also proposing some open space on the townhouse common lots, Lot 1, Block 3 and Lot 14, Block 2. Staff is not supportive of the applicant's proposal. 1. Date of preliminary plat (attached in Exhibit A): 12/14/05 (revised 5/19/06) 2. Date of landscape plan (attached in Exhibit A): 10/19/05 3. Date of site plan (attached in Exhibit A): 10/10/05 h. Applicant's Statement/Justification: The City of Meridian's Master Plan for this site is mapped at a density up to 15 dwelling units per acre. The project that we are proposing has a Canterbury Commons Subdivision AZ-06-013/PP-06-01 I/CUP-05-006/PS-06-005NAR-06-005 PAGE 3 r i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 11, 2006 D.U. of 13 units to the acre with a total of 272 homes and condominiums. The condominiums (4-plexes) will have stucco exteriors. There will be two different condominium building types and two different elevations for each type of condominium building equaling a total of four unique condominium elevations. The town houses will have siding exteriors. Various different colors, windows and bays will be incorporated into the town home designs to maximize variety in elevation. The covenants will be governed through formation of three separate property/homeowner associations. There will be two separate associations to govern the town houses and the condominiums. This project is designed to supply critical affordable housing to the many employees working for local area businesses (see Applicant's Submittal Letter for more.) 5. PROCESS FACTS a. The subject application will in fact constitute an annexation and zoning as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. 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 the Unified Development Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. d. The subject application will in fact constitute a private street as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11, Chapter 5, a public hearing is required before the City Council on this matter. e. The subject application will in fact constitute a variance as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11, Chapter 5, a public hearing is required before the City Council on this matter. f. Newspaper notifications published on: February 27, 2006 and March 13, 2006 (for Planning & Zoning Commission), and June 19`h and July 3`d, 2006 and August 14th and August 28th, 2006 (for City Council hearing g. Radius notices mailed to properties within 300 feet on: February 22, 2006 (for Planning & Zoning Commission), and June 16th, 2006 and August 11th, 2006 (for City Council hearing) h. Applicant posted notice on site by: April 10, 2006 (for Planning & Zoning Commission), and July 1', 2006 (for City Council hearing) 6. LAND USE a. Existing Land Use(s): There are three single-family residences along Pine Avenue. The existing homes and the outbuilding will be removed. b. Description of Character of Surrounding Area: Across Pine Avenue are the recently approved Lyndhurst Grove Subdivision and Sommersby Subdivision. These developments included future multi -family and single-family dwellings. To the west is higher density residential in The Courtyards at Ten Mile. To the east is a single-family R -S subdivision, Morning Glory. To the south are the railroad tracks and industrially zoned property. c. Adjacent Land Use and Zoning 1. North: Single-family homes, zoned R-4, Kelsie Park Subdivision; approved Canterbury Commons Subdivision AZ-06-013/PP-06-011/CUP-05-006/PS-06-005NAR-06-005 PAGE 4 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEG DATE OF JULY 11, 2006 Lyndhurst Grove Subdivision, zoned R-8; approved Sommersby Subdivision, zoned R-15 and L -O 2. West: Multi -family dwellings, zoned R-15, The Courtyards; Church, zoned L -O 3. South: Agricultural, zoned I -L 4. East: Single-family homes, zoned R-8, Morning Glory Subdivision No. 2 d. History of Previous Actions: None. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: There are existing mains in W. Pine Avenue that currently flow to the private Moshers Farm Lift Station. Location of water: There are existing water mains in W. Pine Avenue. Issues or concerns: 1.) Depending on the size of water services used, a five- foot setback from the sidewalk to the four-plexes does not allow for enough room. 2.) Staff is concerned about the location of the joint utility trench. 2. Floodplain: N/A 3. Canals/Ditches Irrigation: The Ten Mile Drain traverses along the south side of this property and the Eight Mile Lateral bisects this property in the northeast corner. These waterways should be protected. All other open ditches or laterals that cross the subject site should be tiled in accordance with the UDC. 4. Hazards: Staff is not aware of any hazards associated with this property. 5. Proposed and Existing Zoning: These properties are currently zoned RUT in Ada County. The applicant is proposing to zone all of the subject property to R-15 (Medium High -Density Residential). 6. Size of Property: 21.77 acres f. REVISED Subdivision Plat Information: 1. Residential Lots: 116 (49 multi -family lots and 67 townhouse lots) 2. Non-residential Lots: 0 3. Total Building Lots: 4. Common Lots: 5. Other Lots: 0 6. Total Lots: 126 7. Gross Density: g. Landscaping 116 10 (9 common open space lots, and 1 private street lot) 12 units per acre (net 19 d.u./acre) 1. Width of street buffer(s): A 20 -foot wide street buffer is required along Pine Avenue, a collector street (UDC 11-2A-6). UDC 11-3B-7C2a requires all residential subdivision street buffers to be located on a common lot maintained by a home- owners association. Street buffers are not required adjacent to the other, internal Canterbury Commons Subdivision AZ-06-013/PP-06-011/CUP-05-006/PS-06-005NAR-06-005 PAGE 5 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HANG DATE OF JULY 11, 2006 streets. 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: The applicant states that 19% (3.89 acres) of the site is being set aside for common open space. 4. Other landscaping standards: Landscaping adjacent to micro -paths and pathways should comply with UDC 11-3B-12. h. Amenities: For multi -family developments with more than 100 units, the decision making body shall require additional amenities commensurate to the size of the development (UDC 11 -4 -3.27D -2d). As a reference for multi -family developments with 75 units or more, 4 amenities are required, with at least one from each category (Quality of Life, Open Space, and Recreation). The applicant is providing amenities as follows: 3,000 square -foot community club house and fitness facility (Quality of Life), property management office, maintenance storage area, development map/directory, pool (Recreation), tot -lots (Recreation), walking trails (Recreation), half basketball court (Recreation), picnic area (Quality of Life) and open space (Open Space). i. Off -Street Parking: UDC 11 -3C -6.A requires townhouse dwellings with 2 or more bedrooms to have a two -car garage and a 20' x 20' parking pad in front of each garage. 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. The submitted site layout does not propose any covered parking spaces for the multi -family (4-plex) dwellings and does not contain the necessary 20' x 20' parking pad in front of all of the townhouse garages. The applicant should be required to comply with the off-street parking requirements of the UDC. j. Conditional Use Information: 1. Non-residential square footage: 3,000 square feet (Community Clubhouse) & maintenance storage 2. Proposed building height: Varies; R-15 allows 40 feet 3. Percentage of site devoted to building coverage: 24% 4. Percentage of site devoted to landscaping: 31% 5. Percentage of site devoted to paving: 45% 6. Percentage of site devoted to other uses: 0% 7. Number of Residential units: 263 k. Proposed and Required Residential Standards — The applicant was originally requesting variances to some of the R-15 bulk standards as found in UDC 11-2A. Specifically, the applicant was requesting a variance to the minimum 2,400 square -foot lot size. The applicant was proposing to plat 42 of the 72 townhouse lots below the standard lot size (down to 1,900 square -feet). The revised preliminary plat depicts at least 2,400 square foot lots. The applicant was also requesting approval for an 11 -foot rear setback variance for the townhouses in Block 3 (12 feet is the standard rear setback). Staff does not believe that there is any hardship that exists where granting the requested variances is warranted (please see Findings in Exhibit D). Further, the proposed development only depicts a 5 -foot front setback for some of the 4-plex units. City Staff is concerned about providing joint utility services and easements to the 4-plex units with such a shallow setback (see Public Works Department comments). Staff continues to recommend that a 10 -foot front setback to the 4-plex units be provided so that joint trench and city water meters can be installed and accessed near the units. Canterbury Commons Subdivision AZ-06-013/PP-06-011/CUP-05-006/PS-06-005NAR-06-005 PAGE 6 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 11, 2006 R-15 Standards Setbacks (measured to sidewalk) Proposed Required Front Living Area (townhouse) 10 10 Front Living Area to street (4-plex) 5 0 Front Accessed Garage (townhouse)20 20 Front Accessed Garage (4-plex) NA 20 Street side (townhouse and 4-plex) 10 10 Side (townhouse) 0 0 Side (4-plex) 5 4 Rear (townhouse and 4-plex) 12 12 Frontage 0 0 Lot Size 2,400 2,400 Maximum building height 27 40 I. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The applicant is proposing one public street connection to Pine Avenue and one private street connection to Pine Avenue. The public street system provides access for the townhouse units and the private street system provides access for the 4-plex units. Both the private and public street connections to Pine Avenue align with existing public streets on the north side of Pine Avenue. The public and private streets are interconnected and provide a looping circulation system throughout the development. Please see Exhibit B for ACHD's comments and conditions regarding this development. 7. AGENCY COMMENTS MEETING On February 24, 2006, staff held an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Meridian Police, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The subject site is designated `Mixed Use - Community' on the Meridian Comprehensive Plan Future Land Use Map. According to the Comprehensive Plan, the purpose of this designation is to identify key areas which are either infill in nature or situated in highly visible or transitioning areas of the city where innovative and flexible design opportunities are encouraged. The following standards will serve as general guidelines for development in these Mixed Use areas: • All development within this designation will occur only under the Conditional Use Permit process, except the Mixed Use- Regional; • Where feasible, multi -family residential uses will be encouraged, especially for projects with the potential to serve as employment destination centers and when the project is adjacent to State Highways 20-26, 55 or 69; • Where mixed use developments are phased, a conceptual site plan for the entire mixed use area is encouraged with the development application or, depending on the scope of the development, prior to a formal development application being submitted; • Where the project is developed adjacent to low or medium density residential uses, a transitional use is encouraged. Canterbury Commons Subdivision AZ-06-013/PP-06-011/CUP-05-006/PS-06-005NAR-06-005 PAGE 7 r CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 11, 2006 Mixed Use — Community. The following standards will apply to this category: Up to 25 acres of non-residential uses permitted within the Mixed Use — Community areas as shown on the Future Land Use Map. In Mixed Use — Community areas that are not Neighborhood Centers, over 25 acres of non-residential uses shall be permitted (through the CUP process). Up to 200,000 sq. ft. of non-residential building area Residential density of 3 to 15 units/acre Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): • Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner.—The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (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 VII, Goal IV, Objective D, Action 2: Restrict curb cuts and access points on collectors and arterial streets. Pine Avenue is classified as a collector roadway in this area. The proposed access points to Pine Avenue should comply with ACM's standards. • Chapter VII, Goal IV, Objective C, Action 1: Protect existing residential properties from incompatible land use development on adjacent parcels. This is an infill parcel with the properties adjacent to the subject site varying in density and housing type. North of the site are existing and proposed single-family and multi family dwellings. East of the site is a single-family subdivision. West of the site is a mixed-use development with multi family dwellings (attached duplexes). The subject project is denser Canterbury Commons Subdivision AZ-06-013/PP-06-011/CUP-05-006/PS-06-005NAR-06-005 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 11, 2006 than any of the adjacent projects, but does provide a transition from the less dense Morning Glory Subdivision, with the townhouses to the proposed multi family. Although staff believes that attached single-family and detached single-family are compatible land uses, staff believes that the lot sizes proposed along the eastern boundary should be increased to provide a better transition in lot size. • Chapter V, Goal 1, Objective A, Action 11: Improve and protect creeks (Five Mile, Eight Mile, Nine Mile, Ten Mile, South Slough, and Jackson and Evans drainages) throughout commercial, industrial and residential areas. The Eight Mile Lateral and the Ten Mile Drain course through or adjacent to this site. Staff believes that the Eight Mile and the Ten Mile should be protected and enhanced by leaving them open and constructing a pathway adjacent to the Eight Mile (see Exhibit B). Chapter VII, Goal IV, Objective D, Action 5: Require appropriate landscape and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.). The applicant is proposing to construct a 20 foot wide landscape buffer adjacent to Pine Avenue. By ordinance, the Pine Avenue landscape buffer is required in a common lot. • Chapter VI, Goal II, Objective A, Action 3: Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land -use decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Staff believes that the subject applications generally comply with the policies listed in the literature noted above. • Chapter VI, Goal II, Objective A, Action 6: Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The adjacent projects have not provided opportunities for the subject site to provide vehicular connectivity (no stub streets). The applicant is proposing a loop street system within this development. Two new connections to Pine Avenue are proposed. • 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 adjacent projects have not provided opportunities for pedestrian connections with this property. The applicant is proposing to construct 5 -foot wide attached sidewalks adjacent to the internal streets (private and public). The applicant is also proposing to construct an internal pathway system. To enhance the community pathway system, staff recommends that a pathway be provided through Lot 9, Block 2, connecting the sidewalk on Jay ton Drive with the sidewalk on Pine Avenue. Stafffurther recommends that Lot 29, Block 1, be designated as a common lot and a pathway be constructed through this lot. • Chapter VII, Goal IV, Objective C, Action 6: Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity. Canterbury Commons Subdivision AZ-06-013/PP-06-01 I/CUP-05-006/PS-06-005NAR-06-005 PAGE 9 CITY OF MERIDIAN PLANNADEPARTMENT STAFF REPORT FOR THE HEA*G DATE OF JULY 11 2006 See analysis above. • Chapter VII, Goal I, Objective D, Action 9: Require new residential development to provide permanent perimeter fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. Prior to construction of any buildings, fencing should be constructed around the perimeter of this site. Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's zoning and development request is appropriate for this property. 9. UNIFIED DEVELOPMENT CODE a. Allowed Uses in the Residential Districts: UDC Table 11-2A-2 lists multi -family development uses as conditional uses in the R-15 zoning district; townhouses are principally permitted in the R-15 zone. b. Purpose Statement of Zone: MEDIUM-HIGH DENSITY RESIDENTIAL DISTRICT (R-15) The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. Residential land uses are also allowed within the O -T, TN -C, and TN -R districts as set forth in Chapter 3 Article D. c. Multifamily Development (UDC 114-3.27) The following standards shall apply for the multifamily units, including standards for Site Design, Common Open Space, Site Amenities, Architectural Character, Landscaping, and Maintenance. Site design (UDC 11 -4-3.27B): 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 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 Canterbury Commons Subdivision AZ-06-013/PP-06-011/CUP-05-006/PS-06-005NAR-06-005 PAGE 10 ! 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 11, 2006 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. 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.F): Development shall meet the minimum landscaping requirements in accord with Chapter 3 of this Title. Canterbury Commons Subdivision AZ-06-013/PP-06-011/CUP-05-006/PS-06-005NAR-06-005 PAGE 11 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 11, 2006 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 Analysis Leading to Staff Recommendation As submitted, the subject applications appear to substantially comply with the Unified Development Code and the Comprehensive Plan. In each section below, staff has provided analysis regarding the proposed development. 1. AZ Application: Based on the policies and goals contained in the Comprehensive Plan staff believes that this is a good location for a higher density development and the proposed R-15 zoning. Please see Exhibit D for detailed analysis of the required facts and findings for a Zoning Amendment. The annexation legal description submitted with the application (stamped on 12/1/2005 by Walter L. Neitz, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. UDC 11-513-3132 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Staff believes that a DA is necessary to ensure that this property is developed in a fashion that is consistent with the comprehensive plan designations and does not negatively impact nearby properties. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner(s) (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attomey, Bill Nary at 888-4433 to initiate this process Staff recommends that the Commission and Council direct the City's Legal Department to draft a development agreement for Canterbury Commons Subdivision as follows: That all future development shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive Canterbury Commons Subdivision AZ-06-013/PP-06-011/CUP-05-006/PS-06-005NAR-06-005 PAGE 12 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 11, 2006 production of traffic, noise, smoke, fumes, glare or odors. 2. That all future development of the subject property shall be consistent with the applicant's approved preliminary plat and site plan unless otherwise modified by other provisions of the DA, or in the future by the City Council. 3. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. 4. That the future uses and lots on this site shall conform to the District Regulations contained in the Unified Development Code (UDC), in effect at the time of development. 5. That the applicant will be responsible for all costs associated with the sewer and water service extension. 6. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 7. That prior to issuance of any building permit, the subject property be subdivided (a recorded final plat) in accordance with the City of Meridian Unified Development Code. 8. That all landscape street buffers and land use buffers will be constructed in accordance with the UDC provisions in effect at the time of development. 9. That the applicant agrees to provide amenities on this site as depicted on the revised preliminary plat dated May 19, 2006. 10. That no more than 116 buildable lots and 263 dwelling units may be constructed on this site. 11. That the applicant agrees to condo all of the Proposed 4-plexes That said condo plats) shall be completed prior to occupanev of any of the units. 12. The applicant shall be required to provide an easement for a future public bus Pull out/bus stop along Pine Avenue. 13. The specific design criteria and elevations presented by the applicant and discussed during the City Council meetings shall be included within the development agreement for this site. 2. PP/CUP/PS Applications: Landscaping: The landscape plan prepared by Jensen Belts, stamped revised on 5-25- 06, should substantially comply with the UDC if the following modifications/notes are made: • Provide a 20 -foot wide landscape buffer along Pine Avenue that is in a separate common lot. The landscape buffer along Pine Avenue shall be designed in accordance with UDC 11-3B-7. • Match the location and design of the clubhouse, pool and tot -lot areas with the preliminary plat. • Provide landscaping in compliance with UDC 11-3B-12, adjacent to the micro -paths. • All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11-3B-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B-11. If the Canterbury Commons Subdivision AZ-06-013/PP-06-011/CUP-05-006/PS-06-005NAR-06-005 PAGE 13 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HANG DATE OF JULY 11, 2006 stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3B-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Council signature of the Final Plat. All standards of installation shall apply as listed in UDC 11-3B-14. Submit 10 full size copies and one 8.5" x 11" copy of the revised landscape plan, reflecting the changes/notes mentioned above, to the Planning Department at least 10 days prior to the next public hearing. On May 25th Planning Staff received a revised landscape plan from Jensen Belts. This landscape plan is not stamped with a revision date, but does reflect the changes mentioned within the Staff Report. A landscape plan dated June 26`h 2006 has been submitted 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 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. Private Useable Open 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. Parking: UDC 11 -3C -6.A requires townhouse dwellings with 2 or more bedrooms to have a two -car garage and a 20' x 20' parking pad in front of each garage. 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. The submitted site layout still does not propose any covered parking spaces for the multi -family (4-plex) dwellings. All townhouse dwellings should contain the necessary 20' x 20' parking pad in front of the garage. The applicant should be required to comply with the off-street parking requirements of the UDC. This concern has been addressed with the revised plans Amenities: The applicant is required to provide amenities for the multifamily development. For multi -family developments with more than 100 units, the decision making body shall require additional amenities commensurate to the size of the development (UDC 11 -4 -3.27D -2d). As a reference, the UDC requires multi -family developments containing 75 units or more to provide 4 amenities, with at least one from each category (Quality of Life, Open Space, and Recreation). The applicant is providing amenities as follows: 3,000 square -foot community club house and fitness facility (Quality of Life), property management office, maintenance storage area, development map/directory, pool (Recreation), tot -lots, half basketball court (Recreation), walking trails (Recreation), picnic tables (Quality of Life), and open space (Open Space). Staff recommends that the Commission and Council determine if the proposed amenities are sufficient for a development of this size Elevations: The applicant has submitted building elevations for the proposed 4-plex structures (see Exhibit A). UDC 11-4.3 requires multifamily structures to comply with Canterbury Commons Subdivision AZ-06-013/PP-06-011/CUP-05-006/PS-06-005NAR-06-005 PAGE 14 • 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 11, 2006 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 4-plex buildings in the future, that the elevations comply with the UDC requirements. Internal Pedestrian Paths: To allow for the pedestrian pathways in this development to flow better, staff is recommending that additional legs to the system be added through Lot 29, Block 1, Lot 9, Block 2, and Lot 1, Block 3. The micro-paths/pathways shall be constructed in accordance with UDC 11-3A-8 (construction) and UDC 11-3B (landscaping). These pathways have been depicted on the revised plat. Further, the applicant is showing a pathway along the Ten Mile Stub Drain. The proposed pathway along the Ten Mile Stub Drain is within the adjacent buildable lots, and not on a common lot. Ideally this pathway should be in a common lot. However, if the Commission believes that access to said pathway for all of the 4-plex lots can be allowed as shown, either a note on the face of the fmal plat, or in a document such as OCR's should be provided by the applicant. Further, this pathway dead -ends at the south end of the property, making access to the pathway difficult for most of the future residents of this development. Staff recommends that an additional leg of the pathway be provided through Lot 26, Block 1, that connects with the sidewalk on Lot 6, Block 1. The additional pathway leg has been shown on the revised plans. In 1996, COMPASS adopted the pathway recommendations laid out in the Ridge -to - Rivers Pathway Plan (1996). The goals of the plan include developing a bikeway and pathway system that encourages non -motorized transportation and enhances recreational opportunities. The Union Pacific Railroad corridor abutting the south property line is shown as a proposed multi -use pathway in Figure VI -3 (Off -Street Multiple -Use Pathways) in the adopted Comprehensive Plan. In the past, the City has not required the construction of a pathway within the Union Pacific Railroad corridor, but has required developers that abut the future pathway to provide a minimum of 5 -feet of landscaping. Consistent with previous Council action, the applicant should not be required to construct a multi -use pathway adjacent to the southern boundary, but should be required to provide a minimum of 5 -feet of landscaping along the south property line. At a minimum, the applicant should be required to plant trees in accordance with MCC (1 tree per every 35 -lineal feet) on the south side of the buildings adjacent to the south property line. Eight Mile Lateral and Ten Mile Drain: The Eight Mile Lateral and the Ten Mile Drain course through or are adjacent to this site. Staff believes that the Eight Mile and the Ten Mile should be protected and enhanced by leaving them open and constructing pathways adjacent to them. The applicant is proposing to construct chain link fencing adjacent to the Eight Mile Lateral, between the pathway and the lateral, and solid fencing along the Ten Mile Stub Drain. UDC 11-3A-6133 requires open ditches, laterals, canals, and drains to be fenced with a chain-link fence (see Fencing below). Existing Residences/Buildings: The site currently contains multiple buildings. Because the existing structures span across proposed lot lines, all buildings shall be removed or relocated, prior to signature of the final plat by the City Engineer. Multi -family Setbacks: The UDC does not have a specific setback between internal Canterbury Commons Subdivision AZ-06-013/PP-06-011/CUP-05-006/PS-06-005NAR-06-005 PAGE 15 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAA*G DATE OF JULY 11, 2006 multi -family units. However, there may be a problem with not providing a full 10 -foot front setback to the 4-plex units; utilities may need a wider easement. Depending on the size of water services used, a setback from the sidewalk of less than 10 feet to the four-plexes (which is being proposed for several of the units) does not allow for enough room for water meters and joint utility service lines. Staff is still concerned about the proposed substandard joint utility trench area, and requests that the applicant provide a full 10 -foot wide setback between the 4-plexes and the adjacent sidewalk. Coordination and approval by joint trench and the Public Works Department should be required for any setbacks less than 10 feet. On June 27, 2006, Jim Johnstone from Idaho Power Company submitted a letter regarding the 7 -foot wide utility easement. The letter states that Idaho Power has granted similar requests in the past. However, because this request is for an easement that is outside of the normal width, Idaho Power would like to view a copy of the preliminary plat before giving the formal ok to proceed see Exhibit B for more comments from Idaho Power Company). Refuse Areas: The Sanitary Services Company (SSC) has commented that the proposed dumpster locations may not be adequately designed. Further, none of the submitted plans call -out how or if the refuse areas will be screened 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. The revised preliminary plat has new dumpster locations and design proposed. Pine Avenue Street Buffer: A 20 -foot wide street buffer is required along Pine Avenue, a collector street (UDC 11-2A-6). UDC 11-3B-7C2a requires all residential subdivision street buffers to be located on a common lot maintained by a home- owners association. Street buffers are not required adjacent to the other, internal streets. The submitted plans should be revised by placing the 20 -foot wide street buffer for Pine Avenue within a common lot. The revised preliminary plat depicts the required street buffer along Pine Avenue within a common lot. 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 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 19% (3.89 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 Canterbury Commons Home Owners' Association(s). The revised preliminary plat does show revised calculations for open space. Open space has been added to the northwest corner or the site, as well as the southeast corner of the site. Some smaller open space areas have also been added internally. Staff believes that the open space proposed complies with the UDC. Canterbury Commons Subdivision AZ-06-013/PP-06-011/CUP-05-006/PS-06-005NAR-06-005 PAGE 16 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEG DATE OF JULY 11, 2006 Fencing: The applicant has proposed a 6 -foot tall solid fence along the west, south and east boundaries of the development. Adjacent to the Eight Mile Lateral a chain-link fence is proposed. Chain-link fencing should be installed along both the Ten Mile Stub Drain and Eight Mile Lateral. 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 fencing shall be designed according to UDC 11-3A-7. 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. Private Streets: The applicant is proposing -to use private streets to provide access to Pine Avenue. The applicant has submitted a Private Street application as required by UDC 11-3F-3. The private street standards are listed in UDC 11-3F. Staff is generally supportive of private streets for multi -family developments. This project is no exception. However, staff has some concerns with the layout of the private streets, as they do not provide an efficient pedestrian and vehicular street system. There are several of the proposed multi -family units that are double -fronted, or sandwiched, between a public street and a private street. This is not an efficient site layout. The applicant should design and construct the private streets in compliance with the standards listed for Private Streets in UDC 11-3F and as mentioned in the Staff Report. Please see Exhibit D below for the required findings for private streets. The applicant has submitted elevations for but has not re -designed the project so there are not double fronted 4-plex units Parking area on west end of Lot 5 Block 1. Originally, the parking area on the northwest side of the development exceeded the maximum 150 -feet length allowed by the Fire Department. The length of Lot 5, Block 1, (revised as Lot 6, Block 1) has been shortened on the revised preliminary plat. Site Layout/Density: The revised preliminary plat shows 263 dwelling units where 272 units were originally proposed.- As noted in the Comprehensive Plan Policies and Goals Section, this area is designatd mixed use. This designation anticipates higher densities in this area. However, staff believes that there are some design problems with the way the development is currently laid out. Lot 29, Block 1, sticks out into the private street drive lanes and prohibits pedestrians and vehicles from efficiently maneuvering in the development. Staff recommends that this lot become a common lot. On the revised preliminary plat, the pathway that was shown on the back side of the townhouses in Block 3, has been removed. Staff is supportive of this, as pedestrians can use the nearby sidewalk. However, Lot 29, Block 1 and the design of the private street drive lanes have not been amended. Canterbury Commons Subdivision AZ-06-013/PP-06-011/CUP-05-006/PS-06-005NAR-06-005 PAGE 17 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARG DATE OF JULY 11, 2006 Staff is also concerned about the street system proposed. There is a full block of 4- plex units that have frontage on both the public street and the private street. This design is not efficient for services and is not desirable for future tenants and they will be sandwiched between two streets. Further, there is no variation in buildings or setbacks in this area; all of the units have the same street setbacks. The revised preliminary plat does show a variation of building setbacks but does not address the double frontage lot issue. Staff believes that the applicant has substantially complied with the changes requested and staff is recommending approval of the revised site plan/preliminary plat with the conditions listed in Exhibit B. VAR Application: Withdrawn by Applicant on June 6. 2006. Staff Recommendation: Based on the facts provided in this report, staff recommends approval of File Numbers AZ -06-013, PP -06-011, CUP -06-006, and PS -06-005. On June 1, 2006 the Meridian Planning & Zoning Commission voted to recommend approval of the subject applications. On September 12, 2006 the City Council voted to approve the subiect applications. 11. EXHIBITS A. Drawings 1. Preliminary Plat (dated: 12-14-05 REMSED 5 19 06 Revised 6-30-06) Canterbury Commons Subdivision AZ-06-013/PP-06-011/CUP-05-006/PS-06-005NAR-06-005 PAGE 18 - _ - - Y• - - v GSD _ 71. . a - - - 100, . - _ 1\ Staff Recommendation: Based on the facts provided in this report, staff recommends approval of File Numbers AZ -06-013, PP -06-011, CUP -06-006, and PS -06-005. On June 1, 2006 the Meridian Planning & Zoning Commission voted to recommend approval of the subject applications. On September 12, 2006 the City Council voted to approve the subiect applications. 11. EXHIBITS A. Drawings 1. Preliminary Plat (dated: 12-14-05 REMSED 5 19 06 Revised 6-30-06) Canterbury Commons Subdivision AZ-06-013/PP-06-011/CUP-05-006/PS-06-005NAR-06-005 PAGE 18 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HERNG DATE OF JULY 11, 2006 2. Landscape Plan (dated: 10-19-05 REVISED bu ,„"ed (stamped sell' on 5 Revised 6-26-06) 3. Site Plan (dated: 10-10-05) 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 8. Central District Health Department 9. Idaho Power Company C. Legal Descriptions D. Required Findings from Unified Development Code Canterbury Commons Subdivision AZ-06-013/PP-06-011/CUP-05-006/PS-06-005NAR-06-005 PAGE 19 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 11, 2006 A. Drawings 1. Preliminary Plat (dated: 12-14-05 REWSED 5 19 0 Revised 6-30-061 Exhibit A — Page 1 `Tk&Wn rmsma. syo ldeit`iri:3v ➢LW9 9 �.YAEdi^` la�tA K$"k.# � a IAdA??iASPV.eFdaesl m s8QiI6E52 53i1s.3.RYa Exhibit A — Page 1 CITY OF MERIDIAN PLANNINNIDEPARTMENT STAFF REPORT FOR THE HEWG DATE OF JULY 11, 2006 2. Exhibit A — Page 2 Landscape Plan (dated 10-19-05 R 44SE. D sem.,, P ` are�5-"evised 6-26-06) ° if t g lop i ° if t RVAgRNg�{`i �y3 x14449. y CITY OF MERIDIAN PLANN•DEPARTMENT STAFF REPORT FOR THE HECG DATE OF JULY 11, 2006 3. Site Plan —(dated 10-10-05 NOT APPROVED) f Exhibit A — Page 3 Z C 9i 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAG DATE OF JULY 11, 2006 4. Elevations Exhibit A — Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HONG DATE OF JULY 11, 2006 Bel' A" 8WA suo UUOO All 14. In Exhibit A — Page 5 I m CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE F&G DATE OF JULY 11, 2006 A 1p_ Exhibit A - Page 6 s 9 CITY OF MERIDIAN PLANN•DEPARTMENT STAFF REPORT FOR THE BEING DATE OF JULY 11 2006 Jw`^ Exhibit A — Page 7 0 CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HEWG DATE OF JULY 11, 2006 Exhibit A — Page 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HAG DATE OF JULY 11, 2006 Exhibit A — Page 9 C TY O M£mD AN P � DEPARTMENT STAFF REPORT FOR THE HSING DAT OF JULY H,2 « Exhibit A—Page 10 woo LL� j2121.1&$ 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEIING DATE OF JULY 11, 2006 B. Conditions of Approval 1. Planning Department Annexation and Zoning Comment – There will be a requirement for a Development Agreement on this site. Details of said Develo mp ent Agreement are found in Section 10 of the Staff Report. 1.1 SITE SPECIFIC REQUIREMENTS—PRELIMINARY PLAT (PP -06-011) 1.1.1 The preliminary plat/site plan labeled Sheet P1, prepared by Treasure Valley Engineers, dated May 19, 2006, is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation (AZ -06-013) and Conditional Use Permit (CUP -06-006) shall also be considered conditions of the Preliminary Plat (PP -06-011). 1.1.2 The landscape plan prepared by Jensen Belts, revised on 5-25-06, is approved with the following modifications/notes: • Provide a 20 -foot wide landscape buffer along Pine Avenue that is in a separate common lot. The landscape buffer along Pine Avenue shall be designed in accordance with UDC 11-3B-7. • Match the location and design of the clubhouse, pool, basketball court, tot -lots, and picnic areas with the preliminary plat. • Provide landscaping in compliance with UDC 11-3B-12, adjacent to the micro -paths. • Provide a minimum 5 -foot wide landscape buffer and trees along the southern boundary of the development. • All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11-313-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non- vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B-11. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3B-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. • A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Council signature of the Final Plat. All standards of installation shall apply as listed in UDC 11-313- 14. The applicant shall submit revised landscape plans with the final plat application(s). 1.1.3 Provide private streets within the 4-plex portion of this development. Said private streets shall comply with the standards listed for Private Streets in UDC 11-3F. Provide a cross parking/cross access easement for all of the lots in Block 1 to use common Lot 6 (private streets) as access to Pine Avenue. Prior to the signature of the final plat by the City Engineer, provide a copy of a recorded cross-access/ingress-egress and parking maintenance agreement for Lot 6. 1.1.4 Prior to signature of the final plat by the City Engineer, all buildings shall be removed or relocated, prior to signature of the final plat by the City Engineer. Exhibit B — Page 1 CITY OF MERIDIAN PLANNIDEPARTMENT STAFF REPORT FOR THE HAING DATE OF JULY 11, 2006 1.1.5 Provide solid fencing along the south and east sides of the project. Provide chain-link fencing along the Eight Mile Lateral and the Ten Mile Stub Drain. Perimeter, common open space, and micro -path fencing shall be designed according to UDC 11-3A-7. 1.1.6 Maintenance of all common areas shall be the responsibility of the Canterbury Commons Subdivision Homeowners' Association. 1.1.7 All irrigation ditches, laterals or canals, exclusive of natural waterways (Ten Mile Stub Drain and Eight Mile Lateral), intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 12-4-13, unless otherwise approved by the Irrigation District(s). Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.1.8 Other than the two access points approved by ACHD, direct lot access to W. Pine Avenue is prohibited. A note shall be placed on the final plat restricting access to W. Pine Avenue. 1.1.9 Underground year-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant shall 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. 1.1.10 All internal sidewalks shall be constructed as submitted and in accordance with MCC 12-5-2.K. 1.1.11 No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a Certificate of Zoning Compliance (CZC) permit from the Meridian Planning and Zoning Department (MCC 11-19-1). NOTE: Multiple 4-plex and or townhouse units may be contained in a single CZC permit. 1.1.12 Prior to obtaining certificate(s) of occupancy, all development improvements, including perimeter fencing, irrigation, and landscaping shall be installed. 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, amenities, sewer, water, etc. 1.1.13 Add aap thway at the southwest comer, between Lots 26 and 27, that connects the sidewalk on the private street with the multi-usean thway gdjacent to the Ten Mile Stub Drain. 1.1.14 Provide an easement for a public bus Pull out/bus stop along Pine Avenue. Coordinate the location of the easement with Valley Ride staff. 1.2 GENERAL REQUIREMENTS PRELIMINARY PLAT (PP -06-011) Exhibit B — Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEV"G DATE OF JULY 11 2006 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 -06-006) 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 All townhouse dwellings shall contain a 20' x 20' parking pad in front of a two -car garage. Provide at least 392 covered parking spaces for the 4-plex units. 1.3.3 Provide at least 80 square feet of private, usable open space for each 4-plex unit, such as a patio or deck. 1.3.4 All elevations of the 4-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 Providing the following amenities: 3.89 acres of common open space, a 3,000 square -foot community club house and fitness facility, a property management office, a maintenance storage area, a development map/directory, a pool, two tot -lots, a half basketball court, walking trails along the Ten Mile Stub Drain and Eight Mile Lateral and throughout the project, and picnic tables on Lot 9, Block 2, and as required by the Planning & Zoning Commission. 1.3.6 Construct an additional leg of the pathway along the Ten Mile Stub Drain north through Lot 26, Block 1, that connects with the sidewalk on Lot 6, Block 1. Provide either a note on the face of the final plat, or in a document such as CCR's , an access easement for all of the lots within this Exhibit B — Page 3 CITY OF MERIDIAN PLANNINDEPARTMENT STAFF REPORT FOR THE HEAG DATE OF JULY 11, 2006 development to use the pathway that runs along the Ten Mile Stub Drain. 1.3.7 Unless otherwise approved by the Public Works Department, provide a full 10 -feet between the front of the 4-plex units and the back of the adjacent sidewalk. Provide a 5 -foot wide side setback (10 -feet between buildings) between buildings. 1.3.8 Provide open -vision (chain link) fence along Eight Mile Lateral and the Ten Mile Stub Drain. 1.3.9 All comments and conditions of the accompanying Annexation (AZ -06-013) application and Preliminary Plat (PP -06-011) application shall also be considered conditions of the Conditional Use Permit (CUP -06-006). 1.3.10 The applicant shall alim where appropriate, the handicapped parking stalls as to provide an open corridor for fire department gurney access to the units. 1.3.11 2. Public Works Department 2.1 Sanitary sewer service to this development is being proposed via extension of mains in W. Pine Avenue. Those mains currently flow to the Moshers Farm lift station. There is currently a City of Meridian project underway to decommission that lift station and allow for these mains to gravity flow. If this city project is not completed prior to final plat application of this project, the applicant shall be responsible to submit written permission from the owner of the Mosher Farms lift station to discharge to it, as well as be responsible for any upgrades that may be required. 2.2 The proposed five foot setback from the sidewalk to the four-plexes may not be adequate to install larger diameter water services that are often used in these types of buildings. If the larger diameter water meters are used then the applicant shall increase the amount of setback to ensure adequate room to install the water services. 2.3 Prior to the next public hearing, the applicant shall meet with Vic Steelman of Idaho Power (388- 6320) to discuss routing of the common trench through the multi -family portion of this project. The applicant shall submit to the City a letter from Idaho Power stating that they are approving a substandard utility easement for this project. 2.3 The applicant shall install all sewer mains necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.4 Water service to this site is being proposed via extension of mains in W. Pine Avenue. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works, and execute standard forms of easements for any mains that are required to provide service. 2.5 All sewer and water mains not in the right-of-way shall be centered in a 20 -foot wide easement. 2.6 The applicant has indicated Nampa and Meridian Irrigation District will own and operate the pressure irrigation system in this proposed development therefore a letter of plan approval shall be submitted prior to scheduling of a pre -construction meeting. Exhibit B — Page 4 a CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEWG DATE OF JULY 11, 2006 2.7 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.8 All existing structures shall be removed prior to signature on the final plat by the City Engineer. 2.9 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. 2.10 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. 2.11 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.12 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. 2.13 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.14 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.15 All development improvements, including but not limited to sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.16 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 2.17 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.18 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.19 Applicant shall be responsible for application and compliance with any Section 404 Permitting Exhibit B — Page 5 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HAING DATE OF JULY 11, 2006 that may be required by the Army Corps of Engineers. 2.20 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.21 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.22 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 2.23 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. Fire Department 3.1 One and two family dwellings will require a fire -flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500' apart. International Fire Code Appendix C 3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 41/2" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. C. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. i. Fire sprinklers required for four-plexes. 3.4 All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 3.5 For all Fire Lanes, paint the curb red and 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 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. 3.8 Maintain a separation of 5' from the building to the dumpster enclosure. Exhibit B — Page 6 0 IOCITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE BEG DATE OF JULY 11, 2006 3.9 The first digit of the Apartment/Office Suite shall correspond to the floor level. 3.10 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.11 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.12 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. 3.13 The Fire Department requires 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. Revise the western terminus of Lot 5, Block 1 to either be less than 150 -feet, or provide a turnaround. 3.14 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). 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). 3.15 All R-2 occupancies with 3 or more units or with 3 floors shall be required to be fire sprinklered. 3.16 Pool chemicals shall be stored in compliance with the International Fire Code. 3.17 Side yard fences shall not be allowed. 4. Police Department 4.1 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 Department. All parking spaces shall be assigned to a specific dwelling unit or for guest use. The parking space identification shall use a different numbering system than the dwelling units. 4.2 The facades of the multi -family buildings shall include windows that look onto the parking areas and/or other public areas. 4.3 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. 4.4 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 Exhibit B — Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HE*G DATE OF JULY 11, 2006 5. Parks Department 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13-6) will be followed. 5.2 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. 6. Sanitary Service Company 6.1 Waste enclosure locations: There is a concern that the enclosures are not located to minimize service vehicle backing -up requirements. Large waste vehicles have blind spots when backing up is required. 98% of waste vehicle accidents occur when backing -up. Please contact Bill Gregory at SSC (888-3999) to discuss this matter prior to the next public hearing. 7. Ada County Highway District Site Specific Conditions ofApproval 7.1 Construct West Pine Avenue as one half of a 46 -foot street section with vertical curb, gutter and 5 -foot sidewalks within 70 -feet of right-of-way (35 -feet from centerline). Widen the bridge on the northwest and northeast property lines to accommodate the proposed pavement widening along West Pine Avenue. Locate the improvements to West Pine Street approximately 346 -feet east of the northwest property line to provide a consistent street section for the Capital Improvements Plans widening of the intersection of Ten Mile Road and West Pine Street. 7.2 Construct internal roadways as 33 -foot street sections. 7.3 Access on West Pine Avenue must align with northern access in the two proposed places: West Jayton Drive, a proposed public street, located 497 -feet west of the northeast property line and North Lyndhurst Lane, a proposed private street, located 476 -feet east of the northwest property line. ACHD requires Fire Department approval for these street sections. 7.4 Construct the intersection of North Glen Oaks Avenue and West Jayton Drive to a minimum intersection measurement of 75 -degrees. 7.5 Construct West Jayton Lane in alignment with West Jayton Drive at the intersection of West Pine Avenue. 7.6 Construct West Snyder Lane in alignment with West Snyder Street at the intersection of North Glen Oaks Avenue. Exhibit B — Page 8 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HIRING DATE OF JULY 11, 2006 7.7 Other than the access specifically approved with this application, direct lot access to West Pine Avenue is prohibited and shall be noted on the final plat. 7.8 Comply with all Standard Conditions of Approval. Standard Conditions oLApproval 7.1b Any existing irrigation facilities shall be relocated outside of the right-of-way. 7.2b Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 7.3b All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.4b 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. 7.5b Comply with the District's Tree Planter Width Interim Policy. 7.6b 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. 7.7b 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. 7.8b 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. 7.9b 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. 7.1 Ob 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. 7.1 lb 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 ACRD conduits (spare or filled) are compromised during any phase of construction. 7.12b 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 9 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HECG DATE OF JULY 11, 2006 7.13b Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. Central District Health Department 8.1 After written approval from appropriate entities are submitted, we can approve this proposal for central sewage and central water. 8.2 The following plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: central sewage and central water. 8.3 Run-off is not to create a mosquito breeding problem. 8.4 It is recommended that storm water be pre-treated prior to discharge to the subsurface to prevent impact to ground water and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for storm water disposal and design a storm water management system that is preventing groundwater and surface water degradation. 9. Idaho Power Company 9.1 I have visited with Vic Steelman, our joint trench coordinator, about your request for a seven foot wide utility easement in the Canterbury Commons Subdivision. Your request for seven feet is less than our normal ten foot wide easement. To accomplish this you also offered to allow us to place our devices in an island area adjacent to the parking area next to the sidewalk. We have on a very limited basis allowed this but additional utility easements are required to do this. The easement would join the street side of the standard easement and be large enough to create a box around the island in the parking lot. Our transformers would occupy the island as well as the devices of the telephone and cable tv companies. The joint trench running line would be in the seven foot utility easement with conduit stubs to the transformers. Our j -boxes would be in the normal utility easement. Since this request is for an easement that is outside of our normal width we would like to view a copy of the preliminary plat before giving formal ok to proceed with the request. Thank You, please call me at 388-5585 if you have further questions. Exhibit B — Page 10 0 IOCITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEG DATE OF JULY 11, 2006 C. Legal Description UNLIMITED BOUNDARIES, INC. om rLq. Associated d Sumeyors WS 1103 W. Main St. b: Middleton, Idaho The following describes a parol of real property being a portion of the SOuthwest Quarter of Section 11, Township 3 Worth, Range 1 Wast, S.M., City Of Meridian, Ada County, Idaho, and being more pasticula.riy, described :as follows: omencing at the Center Quarter Corner of ra id 13,ection 11, thence along the east -asst c-entxerline of said section 11, N69°10°45 -W, 572.46 ,feet to the PDXYT OF =, Thence, leaving said centerline, 5001150%19°fit, 325.46 feat to the northerly Right -of -Way of the Onion Pacific Railroad; Thence, along said Right -of -Way, N98'270401°W, C34,Fl1 fest to than canterline of the Tera Mile Stub I)rai ; Thence, along said centerline, 9020561151E, 47 80 feet Thence, ctantiruing along said cent€arlane, W20°45'45"W, 98.&2 feet; Thence, continuing along said centerline, N41018,45'W, 51$.04 feet; Thence, continuing along said centerline, N59°26°45 -W, 645.83 feet; Thence, leaving said cantarline, N00*52' 15" , ?4.93 feet to the east -west centerline of said Se -tion 11; Thence, along said centerline, SGV10145"F, 1576.42 feat to the 7t' or The above described parcel of real property contains 21..77 acres, more or lass and is subject to the Rights -of -Way of the Zight Mile Lateral b,einq Sixty—feet (60') in width, nest Titre Avenue being Twenty -Five feet, f501) in width and can eases nr for the Ten Mile :tub Drain being Sixty - feet (601) in width. n ::!!!- , R� Exhibit C - Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HE4kG DATE OF JULY 11, 2006 1 Exhibit C — Page 2 lm f4 uf Moir ke z CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEA*G DATE OF MARCH 16, 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: A. The map amendment complies with the applicable provisions of the comprehensive plan; 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). B. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds that there are several uses that are allowed and conditionally allowed within the requested zoning districts of R-15. Specifically, multi -family uses are conditionally allowed and townhouses are principally permitted. Council finds that the development of this property should be required to comply with the established regulations and purpose statements of the requested zone. See Section 10, Analysis above for information on the regulations that need to be complied with. C. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds that the proposed annexation and zoning, and subsequent development of this property shall not be detrimental to the public health, safety and/or welfare. The Commission and Council should rely on any oral or written testimony that may be provided when determining this finding. D. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, 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. E. The annexation is in the best of interest of the City (UDC 11 -5B -3.E). 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. If the Council determines the annexation is in the best interest of the Ci1y, a Development Agreement (DA) with the Ci1y is re uired. 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: A. The plat is in conformance with the Comprehensive Plan; Exhibit D — Page 1 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEG DATE OF MARCH 16, 2006 Council fords 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). B. Public services are available or can be made available and are adequate to accommodate the proposed development; Council fords that services can be made available to accommodate the proposed development. C. 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. D. 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 above, and the Agency Comments and Conditions in Exhibit B for more detail.) E. The development will not be detrimental to the public health, safety or general welfare; and Council is not aware of any health, safety or environmental problems associated with the development of this subdivision. ACRD considers road safety issues in their analysis. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems. F. The development preserves significant natural, scenic or historic features. Council fords that the Eight Mile Lateral and Ten Mile Stub Drain are features that should be preserved. Council is unaware of any other 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, if the Ten Mile Drain and Eight Mile Lateral are preserved and protected. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance. 3. 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 2 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HESG DATE OF MARCH 16, 2006 Council finds that the site is large enough to accommodate all required parking, landscaping, loading and other standard regulations required by the UDC. However, the applicant has applied for a variance to the standard lot size and rear building setbacks. See Section 10 of the Staff Report for detailed analysis. B. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. Council finds that the 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. Council finds that the general design (as amended), construction, operation and maintenance of the townhouse and multi -family uses will be compatible with other uses in the general neighborhood and with the existing and intended character of the vicinity as to not adversely change the character of the area. 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. 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. 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. 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. Exhibit D — Page 3 CITY OF MERIDIAN PLANNING STAFF REPORT FOR THE HEG DATE OF MARCH 16, 2006 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 general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. Council finds that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. Council does not believe that the amount of traffic or noise generated will be detrimental to the general welfare of the public. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposal may cause health, safety or environmental problems. 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. Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance. 4. Private Street Findings: A. The Design of the private street meets the requirements of this Article; The applicant will have to certify that the Ada County Street Naming Committee has accepted the private street names. The design of the streets meets the standards as set forth in UDC 11-317-4; no gates are allowed. Roadway and storm drainage shall be contained on site. B. Granting approval of the private street would not cause damage hazard, or nuisance, or other detriment to persons property, or uses in the vicinity; and Staff and Council does not anticipate any hazard, nuisance or other detriment from the private streets if they are constructed and maintained as designed. C. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan. The location of the private streets does not conflict with the Comprehensive Plan and/or the regional transportation plan. Exhibit D — Page 4 September 29, 2006 CUP 06-006 MERIDIAN CITY COUNCIL MEETING October 3, 2006 APPLICANT America West Homes, LLC ITEM NO. 5-E REQUEST Findings for Approval — Request for CUP to construct a multi -family development consisting of 200 multi -family dwelling units on 50 lots & 72 townhouse dwelling units on 21.77 acres for Canterbury Commons SubdMsion AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Findings CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: 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: ,irarr mmom Materials presented at public meetings shall become property of the City of Meridian. • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER i i IDAHO A M In the Matter of Annexation and Zoning of 21.77 acres to R-15 (Medium High -Density Residential), AND Preliminary Plat approval of 116 residential lots (49 4-plex lots and 67 townhouse lots) and 10 common lots on 20.32 acres, AND Conditional Use Permit approval to construct a multi -family development consisting of 196 multi -family dwelling units (4- plexes) on 49 lots and 67 townhouse dwelling units, AND Private Street approval adjacent to the proposed multi -family lots within Canterbury Commons Subdivision, by American West Homes, LLC. Case No(s): AZ -05-013, PP -06-011, CUP -06-006, and PS -06-005 For the City Council Hearing Date of: September 12, 2006 (Findings approved on October 3, 2006) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 11, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 11, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 11, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 11, 2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-013 / PP -06-011 / CUP -06-006 / PS -06-005 - PAGE 1 of 5 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, Site Plan, Landscape Plan, and the Conditions of Approval all in the attached Staff Report for the hearing date of July 11, 2006 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated June 30, 2006 is hereby conditionally approved; 2. The applicant's Landscape Plan as evidenced by having submitted the Landscape Plan dated June 26, 2006 is hereby conditionally approved; and, 3. The following modifications to the conditions were made at the City Council hearing: a. The applicant shall be required to condo the 4 -plea buildings, as proposed. Said condo of the 4 -plea buildings shall be completed prior to occupancy of any of the units. b. The applicant shall be required to provide an easement for a future public bus pull out/bus stop along Pine Avenue. c. The specific design criteria and elevations presented by the applicant and discussed during the City Council meeting shall be included within the development agreement for this site. d. The applicant shall align, where appropriate, the handicapped parking stalls as to provide an open corridor for fire department gurney access to the units. 4. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of July 11, 2006 incorporated by reference. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-013 / PP -06-011 / CUP -06-006 / PS -06-005 - PAGE 2 of 5 0 0 D. Notice of Applicable Time Limits (as applicable) 1. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditions use permits that also require platting, the 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 11-513-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the Commission may be granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. 2. Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B - 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-013 / PP -06-011 / CUP -06-006 / PS -06-005 - PAGE 3 of 5 • C� Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of July 11, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-013 / PP -06-011 / CUP -06-006 / PS -06-005 - PAGE 4 of 5 0 9 By action of the City Council at its regular meeting held on the Prd day of 2006. COUNCIL MEMBER SHAUN WARDLE VOTED COUNCIL MEMBER JOE BORTON VOTED ��� COUNCIL MEMBER CHARLIE ROUNTREE VOTED _P�� COUNCIL MEMBER KEITH BIRD VOTED TIE BREAKER MAYOR TAMMY de WEERD VOTED MAYO de WEERD ATTEST: �d WILLIAM G. BERG, JR., 9ITY CLERK BEAL Co served upon: Copy p Applicant Planning Departlfi€1rt't Public Works Department ✓ City Attorney By:,lu—\am-lmiJ. j Dated: 1()- Cl ~ C)U City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-013 / PP -06-011 / CUP -06-006 / PS -06-005 - PAGE 5 of 5 CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HONG DATE OF JULY 11, 2006 STAFF REPORT Hearing Date: July 11, 2006 TO: Mayor & City Council FROM: C. Caleb Hood, Current Planning Manager Meridian Planning Department 208-884-5533 SUBJECT: Canterbury Commons Subdivision kF�5, J c;w6endian �P IDAHO ` AZ -06-013 — Annexation and Zoning of 21.77 acres to R-15 (Medium High - Density Residential) PP -06-011— Preliminary Plat of 122 residential lots (50 4-plex lots and 72 townhouse lots) and 10 common lots on 20.32 acres NOTE: Revised plat proposes 116 residential lots (49 4-plex lots and 67 townhouse lots) CUP -06-006 — Conditional Use Permit to construct a multi -family development consisting of 200 multi -family dwelling units (4-plexes) on 50 lots and 72 townhouse dwelling units NOTE: Revised site plan proposes 196 multi -family dwelling units on 49 lots and 67 townhouse dwelling units PS -06-005 — Private Street adjacent to the proposed multi -family lots within Canterbury Commons Subdivision VAR -06-005 — Variance requests to allow lot sizes in the R-15 zone to go below the 2,400 square -foot minimum (down to 1,900 square -feet) AND to allow a reduction to the standard 12 -foot rear setback of the R-15 zone (11 -foot rear setback requested) NOTE: The applicant has withdrawn this request. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, American West Homes, LLC, has applied for Annexation and Zoning (AZ) to R-15 (Medium High -Density Residential), Preliminary Plat (PP) approval of 122 residential building lots and 10 common lots, and Conditional Use Permit (CUP) approval of a multi -family development consisting of 50 4-plexes and 72 attached townhouse units on 21.77 acres of property currently zoned RUT in Ada County. The applicant is also requesting approval to construct private streets adjacent to the 4-plex units and variance approval to have substandard lots and reduced rear setbacks in the R-15 zone. The site is located on the south side of Pine Avenue, approximately 400 feet east of Ten Mile Road. Currently, there are three single-family homes and associated outbuildings on this site. The site has not been previously platted. The subject property is within the Urban Service Planning Area. NOTE: This project was meet with Planning Staff and make revisions to the planStaff has updated the Staff Report to reflect the changes made. Some of the changes made include: a reduction in buildable lots from 122 to 116 adding amenities (basketball court, picnic area, tot lot area) increasing the lot size so all lots have at least 2,400 square feet, and increasing the amount of open space (please see Section 10 below for analysis of all changes made). The comments below are based on the revised Preliminary Plat prepare by Treasure Valley Engineers last revised on May 19 2006 and the revised Landsca ep Plan prepared by Jensen Belts dated 5-25-06. On June 1 2006 the Meridian Planning & Zoning Commission voted to recommend approval of the subject project. The Commission also accepted the applicant's withdrawal letter for the variances originally requested for lot size and setbacks The applicant has submitted a Canterbury Commons Subdivision AZ-06-013/PP-06-011/CUP-05-006/PS-06-005NAR-06-005 PAGE 1 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE BRING DATE OF JULY 11, 2006 revised preliyjWM plat that depicts the covered parking for the multi -family units a 7 -foot wideun blic utility easement in front of some of the multi -family buildings and updated project calculations The applicant has also submitted a revised landscape plan that has a June 26 2006 date and depicts the covered parking areas, revised amenities and pathways and project calculations. These revised plans have been reviewed by staff and are generally consistent with the Conditions listed in Exhibit B These plans have been scanned into Exhibit A. 2. SUMMARY RECOMMENDATION The subject applications were submitted to the Planning Department for concurrent review. Generally, the Planning & Zoning Commission is the final decision making body on a Conditional Use Permit and the Director is the final decision maker on a Private Street application. However, because the City Council is the final decision making body on the Annexation, Variance and Preliminary Plat applications, all of the subject applications are being combined into one staff report. The Commission should make recommendations to the Council on all of the subject applications. After detailed review of the subject applications, staff has provided detailed analysis and is recommending approval with the conditions listed in Exhibit B. On June 1, 2006 the Meridian Planning & Zoning Commission voted to recommend approval of the subject applications. On September 12, 2006 the Meridian City Council voted to approve the subject applications. a. Summary of Commission Public Hearings: i. In favor: Geoff Wardle, Joe Risi, Lance Warnick, Mark Sanders ii. In opposition: None iii. Commenting: None iv. Staff presenting application: Anna Canning, Caleb Hood v. Other staff commenting on application: Mike Cole b. Key Issues of Discussion by Commission: i. Requested variances to lot size and setbacks, and not being supportive of the requests; ii. Common area calculations; iii. Elevations, particularly the double -fronted 4-plex elevations; and, iv. Layout of the project. c. Key Commission Changes to Staff Recommendation: i. None d. Outstanding Issue(s) for City Council: i. As part of the Commissions motion to recommend approval, the Commission wanted to give the Police Department an opportunity to update their comments with the revised plans. Staff recommends that the applicant give the Council an update regarding any meetings they have had with the Police Department. 3. PROPOSED MOTIONS (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ - 06 -013, PP -06-011, CUP -06-006, and PS -06-005 as presented in staff report for the hearing date of July 11, 2006 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ -06- 013, PP -06-011, CUP -06-006, and PS -06-005 as presented during the hearing of July 11, 2006, for the following reasons: (you should state specific reasons for denial of the annexation and you must state specific reasons for denial of the plat and conditional use permit.) Canterbury Commons Subdivision AZ-06-013/PP-06-011/CUP-05-006/PS-06-005NAR-06-005 PAGE 2 CITY OF MERIDIAN PLANNIWEPARTMENT STAFF REPORT FOR THE HIONG DATE OF JULY 11, 2006 Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers AZ - 06 -013, PP -06-011, CUP -06-006, and PS -06-005 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 2735 -2985 Pine Avenue; South side of Pine Avenue, east of Ten Mile Road, in Section 11, Township 3 North, Range 1 West. b. Owners: J.S. Risi Revocable Family Trust 27 W. Anapamu #350 Santa Barbara, CA 93101 Risi Family Limited Partnership 27 W. Anapamu Street #350 Santa Barbara, CA 93101 c. Applicant: American West Homes, LLC 404 S. 8t' Street Boise, ID 83702 d. Representative: Joseph S. Risi e. Present Zoning: RUT- Ada County f. Present Comprehensive Plan Designation: Mixed Use - Community g. Description of Applicant's Request: The applicant is requesting approval of Annexation and Zoning (AZ) to R-15 (Medium High -Density Residential), Preliminary Plat (PP) approval of 122 residential building lots and 10 common lots, and Conditional Use Permit (CUP) approval of a multi -family development consisting of 50 4-plexes and 72 attached townhouse units on 21.77 acres of property currently zoned RUT in Ada County. The applicant is also requesting approval to construct private streets adjacent to the 4-plex units and variance approval to have substandard lots and reduced rear setbacks in the R-15 zone. The applicant is requesting an 11 -foot rear setback for a block of the townhouse lots. Forty-two of the seventy- two proposed townhouse lots are below the 2,400 square -foot minimum lot size; thirty of the townhouse lots meet or exceed the minimum lot size. The average lot size in the proposed development is 4,781 square feet. The gross density of Canterbury Commons is 12.5 dwelling units per acre. Approximately 12.6% of the area being developed is being set aside for open space. The applicant is proposing to construct a clubhouse, pool, tot -lot, and pathway system on Lot 42, Block 1. The applicant is also proposing some open space on the townhouse common lots, Lot 1, Block 3 and Lot 14, Block 2. Staff is not supportive of the applicant's proposal. 1. Date of preliminary plat (attached in Exhibit A): 12/14/05 (revised 5/19/06) 2. Date of landscape plan (attached in Exhibit A): 10/19/05 3. Date of site plan (attached in Exhibit A): 10/10/05 h. Applicant's Statement/Justification: The City of Meridian's Master Plan for this site is mapped at a density up to 15 dwelling units per acre. The project that we are proposing has a Canterbury Commons Subdivision AZ-06-013/PP-06-011/CUP-05-006/PS-06-005NAR-06-005 PAGE 3 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE HRING DATE OF JULY 11, 2006 D.U. of 13 units to the acre with a total of 272 homes and condominiums. The condominiums (4-plexes) will have stucco exteriors. There will be two different condominium building types and two different elevations for each type of condominium building equaling a total of four unique condominium elevations. The town houses will have siding exteriors. Various different colors, windows and bays will be incorporated into the town home designs to maximize variety in elevation. The covenants will be governed through formation of three separate property/homeowner associations. There will be two separate associations to govern the town houses and the condominiums. This project is designed to supply critical affordable housing to the many employees working for local area businesses (see Applicant's Submittal Letter for more.) 5. PROCESS FACTS a. The subject application will in fact constitute an annexation and zoning as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. 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 the Unified Development Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. d. The subject application will in fact constitute a private street as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11, Chapter 5, a public hearing is required before the City Council on this matter. e. The subject application will in fact constitute a variance as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11, Chapter 5, a public hearing is required before the City Council on this matter. f. Newspaper notifications published on: February 27, 2006 and March 13, 2006 (for Planning & Zoning Commission), and June 19th and July 3`d, 2006 and August 14th and August 28th, 2006 (for City Council hearing) g. Radius notices mailed to properties within 300 feet on: February 22, 2006 (for Planning & Zoning Commission), and June 16th, 2006 and August 11th. 2006 (for City Council hearing) h. Applicant posted notice on site by: April 10, 2006 (for Planning & Zoning Commission), and July 1St, 2006 (for City Council hearing) 6. LAND USE a. Existing Land Use(s): There are three single-family residences along Pine Avenue. The existing homes and the outbuilding will be removed. b. Description of Character of Surrounding Area: Across Pine Avenue are the recently approved Lyndhurst Grove Subdivision and Sommersby Subdivision. These developments included future multi -family and single-family dwellings. To the west is higher density residential in The Courtyards at Ten Mile. To the east is a single-family R-8 subdivision, Morning Glory. To the south are the railroad tracks and industrially zoned property. c. Adjacent Land Use and Zoning 1. North: Single-family homes, zoned R-4, Kelsie Park Subdivision; approved Canterbury Commons Subdivision AZ-06-013/PP-06-011/CUP-05-006/PS-06-005NAR-06-005 PAGE 4 CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HANNG DATE OF JULY 11, 2006 Lyndhurst Grove Subdivision, zoned R-8; approved Sommersby Subdivision, zoned R-15 and L -O 2. West: Multi -family dwellings, zoned R-15, The Courtyards; Church, zoned L -O 3. South: Agricultural, zoned I -L 4. East: Single-family homes, zoned R-8, Morning Glory Subdivision No. 2 d. History of Previous Actions: None. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: There are existing mains in W. Pine Avenue that currently flow to the private Moshers Farm Lift Station. Location of water: There are existing water mains in W. Pine Avenue. Issues or concerns: 1.) Depending on the size of water services used, a five- foot setback from the sidewalk to the four-plexes does not allow for enough room. 2.) Staff is concerned about the location of the joint utility trench. 2. Floodplain: N/A 3. Canals/Ditches Irrigation: The Ten Mile Drain traverses along the south side of this property and the Eight Mile Lateral bisects this property in the northeast corner. These waterways should be protected. All other open ditches or laterals that cross the subject site should be tiled in accordance with the UDC. 4. Hazards: Staff is not aware of any hazards associated with this property. 5. Proposed and Existing Zoning: These properties are currently zoned RUT in Ada County. The applicant is proposing to zone all of the subject property to R-15 (Medium High -Density Residential). 6. Size of Property: 21.77 acres f. REVISED Subdivision Plat Information: 1. Residential Lots: 116 (49 multi -family lots and 67 townhouse lots) 2. Non-residential Lots: 0 3. Total Building Lots: 4. Common Lots: 5. Other Lots: 0 6. Total Lots: 126 7. Gross Density: g. Landscaping 116 10 (9 common open space lots, and 1 private street lot) 12 units per acre (net 19 d.u./acre) 1. Width of street buffer(s): A 20 -foot wide street buffer is required along Pine Avenue, a collector street (UDC 11-2A-6). UDC 11-3B-7C2a requires all residential subdivision street buffers to be located on a common lot maintained by a home- owners association. Street buffers are not required adjacent to the other, internal Canterbury Commons Subdivision AZ-06-013/PP-06-011/CUP-05-006/PS-06-005NAR-06-005 PAGE 5 CITY OF MERIDIAN PLANAR DEPARTMENT STAFF REPORT FOR THE ISING DATE OF JULY 11, 2006 streets. 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: The applicant states that 19% (3.89 acres) of the site is being set aside for common open space. 4. Other landscaping standards: Landscaping adjacent to micro -paths and pathways should comply with UDC 11-3B-12. h. Amenities: For multi -family developments with more than 100 units, the decision making body shall require additional amenities commensurate to the size of the development (UDC 11 -4 -3.27D -2d). As a reference for multi -family developments with 75 units or more, 4 amenities are required, with at least one from each category (Quality of Life, Open Space, and Recreation). The applicant is providing amenities as follows: 3,000 square -foot community club house and fitness facility (Quality of Life), property management office, maintenance storage area, development map/directory, pool (Recreation), tot -lots (Recreation), walking trails (Recreation), half basketball court (Recreation), picnic area (Quality of Life) and open space (Open Space). i. Off -Street Parking: UDC 11 -3C -6.A requires townhouse dwellings with 2 or more bedrooms to have a two -car garage and a 20' x 20' parking pad in front of each garage. 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. The submitted site layout does not propose any covered parking spaces for the multi -family (4-plex) dwellings and does not contain the necessary 20' x 20' parking pad in front of all of the townhouse garages. The applicant should be required to comply with the off-street parking requirements of the UDC. j. Conditional Use Information: 1. Non-residential square footage: 3,000 square feet (Community Clubhouse) & maintenance storage 2. Proposed building height: Varies; R-15 allows 40 feet 3. Percentage of site devoted to building coverage: 24% 4. Percentage of site devoted to landscaping: 31% 5. Percentage of site devoted to paving: 45% 6. Percentage of site devoted to other uses: 0% 7. Number of Residential units: 263 k. Proposed and Required Residential Standards — The applicant was originally requesting variances to some of the R-15 bulk standards as found in UDC 11-2A. Specifically, the applicant was requesting a variance to the minimum 2,400 square -foot lot size. The applicant was proposing to plat 42 of the 72 townhouse lots below the standard lot size (down to 1,900 square -feet). The revised preliminary plat depicts at least 2,400 square foot lots. The applicant was also requesting approval for an 11 -foot rear setback variance for the townhouses in Block 3 (12 feet is the standard rear setback). Staff does not believe that there is any hardship that exists where granting the requested variances is warranted (please see Findings in Exhibit D). Further, the proposed development only depicts a 5 -foot front setback for some of the 4-plex units. City Staff is concerned about providing joint utility services and easements to the 4-plex units with such a shallow setback (see Public Works Department comments). Staff continues to recommend that a 10 -foot front setback to the 4-plex units be provided so that joint trench and city water meters can be installed and accessed near the units. Canterbury Commons Subdivision AZ-06-013/PP-06-011/CUP-05-006/PS-06-005NAR-06-005 PAGE 6 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE ISING DATE OF JULY 11, 2006 R-15 Standards Setbacks (measured to sidewalk) Proposed Required Front Living Area (townhouse) 10 10 Front Living Area to street (4-plex) 5 0 Front Accessed Garage (townhouse)20 20 Front Accessed Garage (4-plex) NA 20 Street side (townhouse and 4-plex) 10 10 Side (townhouse) 0 0 Side (4-plex) 5 4 Rear (townhouse and 4-plex) 12 12 Frontage 0 0 Lot Size 2,400 2,400 Maximum building height 27 40 1. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The applicant is proposing one public street connection to Pine Avenue and one private street connection to Pine Avenue. The public street system provides access for the townhouse units and the private street system provides access for the 4-plex units. Both the private and public street connections to Pine Avenue align with existing public streets on the north side of Pine Avenue. The public and private streets are interconnected and provide a looping circulation system throughout the development. Please see Exhibit B for ACHD's comments and conditions regarding this development. 7. AGENCY COMMENTS MEETING On February 24, 2006, staff held an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Meridian Police, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The subject site is designated `Mixed Use - Community' on the Meridian Comprehensive Plan Future Land Use Map. According to the Comprehensive Plan, the purpose of this designation is to identify key areas which are either infill in nature or situated in highly visible or transitioning areas of the city where innovative and flexible design opportunities are encouraged. The following standards will serve as general guidelines for development in these Mixed Use areas: • All development within this designation will occur only under the Conditional Use Permit process, except the Mixed Use- Regional; • Where feasible, multi -family residential uses will be encouraged, especially for projects with the potential to serve as employment destination centers and when the project is adjacent to State Highways 20-26, 55 or 69; • Where mixed use developments are phased, a conceptual site plan for the entire mixed use area is encouraged with the development application or, depending on the scope of the development, prior to a formal development application being submitted; • Where the project is developed adjacent to low or medium density residential uses, a transitional use is encouraged. Canterbury Commons Subdivision AZ-06-013/PP-06-011/CUP-05-006/PS-06-005NAR-06-005 PAGE 7 CITY OF MERIDIAN PLANNOIDEPARTMENT STAFF REPORT FOR THE &G DATE OF JULY 11, 2006 Mixed Use — Community. The following standards will apply to this category: Up to 25 acres of non-residential uses permitted within the Mixed Use — Community areas as shown on the Future Land Use Map. In Mixed Use — Community areas that are not Neighborhood Centers, over 25 acres of non-residential uses shall be permitted (through the CUP process). Up to 200,000 sq. ft. of non-residential building area Residential density of 3 to 15 units/acre Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): • Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner.- The anner.The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (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 VII, Goal IV, Objective D, Action 2: Restrict curb cuts and access points on collectors and arterial streets. Pine Avenue is classified as a collector roadway in this area. The proposed access points to Pine Avenue should comply with AChD's standards. • Chapter VII, Goal IV, Objective C, Action 1: Protect existing residential properties from incompatible land use development on adjacent parcels. This is an infill parcel with the properties adjacent to the subject site varying in density and housing type. North of the site are existing and proposed single-family and multi family dwellings. East of the site is a single-family subdivision. West of the site is a mixed-use development with multi family dwellings (attached duplexes). The subject project is denser Canterbury Commons Subdivision AZ-06-013/PP-06-011/CUP-05-006/PS-06-005NAR-06-005 PAGE 8 CITY OF MERIDIAN PLANNISDEPARTMENT STAFF REPORT FOR THE HEG DATE OF JULY 11, 2006 than any of the adjacent projects, but does provide a transition from the less dense Morning Glory Subdivision, with the townhouses to the proposed multi family. Although staff believes that attached single-family and detached single-family are compatible land uses, staff believes that the lot sizes proposed along the eastern boundary should be increased to provide a better transition in lot size. • Chapter V, Goal 1, Objective A, Action 11: Improve and protect creeks (Five Mile, Eight Mile, Nine Mile, Ten Mile, South Slough, and Jackson and Evans drainages) throughout commercial, industrial and residential areas. The Eight Mile Lateral and the Ten Mile Drain course through or adjacent to this site. Staff believes that the Eight Mile and the Ten Mile should be protected and enhanced by leaving them open and constructing a pathway adjacent to the Eight Mile (see Exhibit B). • Chapter VII, Goal IV, Objective D, Action 5: Require appropriate landscape and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.). The applicant is proposing to construct a 20 foot wide landscape buffer adjacent to Pine Avenue. By ordinance, the Pine Avenue landscape buffer is required in a common lot. • Chapter VI, Goal II, Objective A, Action 3: Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land -use decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Staff believes that the subject applications generally comply with the policies listed in the literature noted above. • Chapter VI, Goal II, Objective A, Action 6: Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The adjacent projects have not provided opportunities for the subject site to provide vehicular connectivity (no stub streets). The applicant is proposing a loop street system within this development. Two new connections to Pine Avenue are proposed. • 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 adjacent projects have not provided opportunities for pedestrian connections with this property. The applicant is proposing to construct 5 -foot wide attached sidewalks adjacent to the internal streets (private and public). The applicant is also proposing to construct an internal pathway system. To enhance the community pathway system, staff recommends that a pathway be provided through Lot 9, Block 2, connecting the sidewalk on .Layton Drive with the sidewalk on Pine Avenue. Staff further recommends that Lot 29, Block 1, be designated as a common lot and a pathway be constructed through this lot. • Chapter VII, Goal IV, Objective C, Action 6: Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity. Canterbury Commons Subdivision AZ-06-013/PP-06-011/CUP-05-006/PS-06-005NAR-06-005 PAGE 9 CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HEWG DATE OF JULY 11, 2006 See analysis above. • Chapter VII, Goal I, Objective D, Action 9: Require new residential development to provide permanent perimeter fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. Prior to construction of any buildings, fencing should be constructed around the perimeter of this site. Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's zoning and development request is appropriate for this property. 9. UNIFIED DEVELOPMENT CODE a. Allowed Uses in the Residential Districts: UDC Table 11-2A-2 lists multi -family development uses as conditional uses in the R-15 zoning district; townhouses are principally permitted in the R-15 zone. b. Purpose Statement of Zone: MEDIUM-HIGH DENSITY RESIDENTIAL DISTRICT (R-15) The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. Residential land uses are also allowed within the O -T, TN -C, and TN -R districts as set forth in Chapter 3 Article D. c. Multifamily Development (UDC 114-3.27) The following standards shall apply for the multifamily units, including standards for Site Design, Common Open Space, Site Amenities, Architectural Character, Landscaping, and Maintenance. Site design (UDC 11-4-3.27B): 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 Canterbury Commons Subdivision AZ-06-013/PP-06-011/CUP-05-006/PS-06-005NAR-06-005 PAGE 10 CITY OF MERIDIAN PLANNTRG DEPARTMENT STAFF REPORT FOR THE G DATE OF JULY 11, 2006 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. 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. Canterbury Commons Subdivision AZ-06-013/PP-06-011/CUP-05-006/PS-06-005NAR-06-005 PAGE 11 CITY OF MERIDIAN PLANNIWEPARTMENT STAFF REPORT FOR THE HEWG DATE OF JULY 11, 2006 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 Analysis Leading to Staff Recommendation As submitted, the subject applications appear to substantially comply with the Unified Development Code and the Comprehensive Plan. In each section below, staff has provided analysis regarding the proposed development. 1. AZ Application: Based on the policies and goals contained in the Comprehensive Plan staff believes that this is a good location for a higher density development and the proposed R-15 zoning. Please see Exhibit D for detailed analysis of the required facts and findings for a Zoning Amendment. The annexation legal description submitted with the application (stamped on 12/1/2005 by Walter L. Neitz, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. UDC 11 -5B -3D2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Staff believes that a DA is necessary to ensure that this property is developed in a fashion that is consistent with the comprehensive plan designations and does not negatively impact nearby properties. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner(s) (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. Staff recommends that the Commission and Council direct the City's Legal Department to draft a development agreement for Canterbury Commons Subdivision as follows: That all future development shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive Canterbury Commons Subdivision AZ-06-013/PP-06-011/CUP-05-006/PS-06-005NAR-06-005 PAGE 12 CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HAING DATE OF NLY 11, 2006 production of traffic, noise, smoke, fumes, glare or odors. 2. That all future development of the subject property shall be consistent with the applicant's approved preliminary plat and site plan unless otherwise modified by other provisions of the DA, or in the future by the City Council. 3. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. 4. That the future uses and lots on this site shall conform to the District Regulations contained in the Unified Development Code (UDC), in effect at the time of development. 5. That the applicant will be responsible for all costs associated with the sewer and water service extension. 6. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 7. That prior to issuance of any building permit, the subject property be subdivided (a recorded final plat) in accordance with the City of Meridian Unified Development Code. 8. That all landscape street buffers and land use buffers will be constructed in accordance with the UDC provisions in effect at the time of development. 9. That the applicant agrees to provide amenities on this site as depicted on the revised preliminary plat dated May 19, 2006. 10. That no more than 116 buildable lots and 263 dwelling units may be constructed on this site. 11. That the applicant agrees to condo all of the proposed 4-plexes. That said condo plat(s) shall be completed prior to occupancy of any of the units. 12. The applicant shall be required to provide an easement for a future public bus pull out/bus stop along Pine Avenue. 13. The specific design criteria and elevations presented by the applicant and discussed during the City Council meetings shall be included within the development agreement for this site. 2. PP/CUP/PS Applications: Landscaping; The landscape plan prepared by Jensen Belts, stamped revised on 5-25- 06, should substantially comply with the UDC if the following modifications/notes are made: • Provide a 20 -foot wide landscape buffer along Pine Avenue that is in a separate common lot. The landscape buffer along Pine Avenue shall be designed in accordance with UDC 11-3B-7. • Match the location and design of the clubhouse, pool and tot -lot areas with the preliminary plat. • Provide landscaping in compliance with UDC 11-3B-12, adjacent to the micro -paths. • All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11-3B-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B-11. If the Canterbury Commons Subdivision AZ-06-013/PP-06-011/CUP-05-006/PS-06-005NAR-06-005 PAGE 13 CITY OF MERIDIAN PLANAR DEPARTMENT STAFF REPORT FOR THE HIRING DATE OF JULY 11, 2006 stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3B-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Council signature of the Final Plat. All standards of installation shall apply as listed in UDC 11-3B-14. Submit 10 full size copies and one 8.5" x 11" copy of the revised landscape plan, reflecting the changes/notes mentioned above, to the Planning Department at least 10 days prior to the next public hearing. On May 25t` Planning Staff received a revised landscape plan from Jensen Belts. This landscape plan is not stamped with a revision date, but does reflect the changes mentioned within the Staff Report. A landscape plan dated June 26h, 2006 has been submitted. 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 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 114-3.27. Private Useable Open Space: UDC 114-3.27B 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. Parkiniz: UDC 11 -3C -6.A requires townhouse dwellings with 2 or more bedrooms to have a two -car garage and a 20' x 20' parking pad in front of each garage. 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. The submitted site layout still does not propose any covered parking spaces for the multi -family (4-plex) dwellings. All townhouse dwellings should contain the necessary 20' x 20' parking pad in front of the garage. The applicant should be required to comply with the off-street parking requirements of the UDC. This concern has been addressed with the revised plans. Amenities: The applicant is required to provide amenities for the multifamily development. For multi -family developments with more than 100 units, the decision making body shall require additional amenities commensurate to the size of the development (UDC 11 -4 -3.27D -2d). As a reference, the UDC requires multi -family developments containing 75 units or more to provide 4 amenities, with at least one from each category (Quality of Life, Open Space, and Recreation). The applicant is providing amenities as follows: 3,000 square -foot community club house and fitness facility (Quality of Life), property management office, maintenance storage area, development map/directory, pool (Recreation), tot -lots, half basketball court (Recreation), walking trails (Recreation), picnic tables (Quality of Life), and open space (Open Space). Staff recommends that the Commission and Council determine if the proposed amenities are sufficient for a development of this size. Elevations: The applicant has submitted building elevations for the proposed 4-plex structures (see Exhibit A). UDC 11-4.3 requires multifamily structures to comply with Canterbury Commons Subdivision AZ-06-013/PP-06-011/CUP-05-006/PS-06-005NAR-06-005 PAGE 14 CITY OF MERIDIAN PLANNIODEPARTMENT STAFF REPORT FOR THE HANG DATE OF JULY 11, 2006 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 4-plex buildings in the future, that the elevations comply with the UDC requirements. Internal Pedestrian Paths: To allow for the pedestrian pathways in this development to flow better, staff is recommending that additional legs to the system be added through Lot 29, Block 1, Lot 9, Block 2, and Lot 1, Block 3. The micro-paths/pathways shall be constructed in accordance with UDC 11-3A-8 (construction) and UDC 11-313 (landscaping). These pathways have been depicted on the revised plat. Further, the applicant is showing a pathway along the Ten Mile Stub Drain. The proposed pathway along the Ten Mile Stub Drain is within the adjacent buildable lots, and not on a common lot. Ideally this pathway should be in a common lot. However, if the Commission believes that access to said pathway for all of the 4-plex lots can be allowed as shown, either a note on the face of the fmal plat, or in a document such as CCR's should be provided by the applicant. Further, this pathway dead -ends at the south end of the property, making access to the pathway difficult for most of the future residents of this development. Staff recommends that an additional leg of the pathway be provided through Lot 26, Block 1, that connects with the sidewalk on Lot 6, Block 1. The additionalaU thwU leg has been shown on the revised plans. In 1996, COMPASS adopted the pathway recommendations laid out in the Ridge -to - Rivers Pathway Plan (1996). The goals of the plan include developing a bikeway and pathway system that encourages non -motorized transportation and enhances recreational opportunities. The Union Pacific Railroad corridor abutting the south property line is shown as a proposed multi -use pathway in Figure VI -3 (Off -Street Multiple -Use Pathways) in the adopted Comprehensive Plan. In the past, the City has not required the construction of a pathway within the Union Pacific Railroad corridor, but has required developers that abut the future pathway to provide a minimum of 5 -feet of landscaping. Consistent with previous Council action, the applicant should not be required to construct a multi -use pathway adjacent to the southern boundary, but should be required to provide a minimum of 5 -feet of landscaping along the south property line. At a minimum, the applicant should be required to plant trees in accordance with MCC (1 tree per every 35 -lineal feet) on the south side of the buildings adjacent to the south property line. Eight Mile Lateral and Ten Mile Drain: The Eight Mile Lateral and the Ten Mile Drain course through or are adjacent to this site. Staff believes that the Eight Mile and the Ten Mile should be protected and enhanced by leaving them open and constructing pathways adjacent to them. The applicant is proposing to construct chain link fencing adjacent to the Eight Mile Lateral, between the pathway and the lateral, and solid fencing along the Ten Mile Stub Drain. UDC 11-3A-6133 requires open ditches, laterals, canals, and drains to be fenced with a chain-link fence (see Fencing below). Existing Residences/Buildings: The site currently contains multiple buildings. Because the existing structures span across proposed lot lines, all buildings shall be removed or relocated, prior to signature of the final plat by the City Engineer. Multi -family Setbacks: The UDC does not have a specific setback between internal Canterbury Commons Subdivision AZ-06-013/PP-06-011/CUP-05-006/PS-06-005NAR-06-005 PAGE 15 IP CITY OF MERIDIAN PLANNDEPARTMENT STAFF REPORT FOR THE fMCG DATE OF JULY 11, 2006 multi -family units. However, there may be a problem with not providing a full 10 -foot front setback to the 4-plex units; utilities may need a wider easement. Depending on the size of water services used, a setback from the sidewalk of less than 10 feet to the four-plexes (which is being proposed for several of the units) does not allow for enough room for water meters and joint utility service lines. Staff is still concerned about the proposed substandard joint utility trench area, and requests that the applicant provide a full 10 -foot wide setback between the 4-plexes and the adjacent sidewalk. Coordination and approval by joint trench and the Public Works Department should be required for any setbacks less than 10 feet. On June 27, 2006, Jim Johnstone from Idaho Power Company submitted a letter regarding the 7 -foot wide utility easement. The letter states that Idaho Power has granted similar requests in the past. However, because this request is for an easement that is outside of the normal width, Idaho Power would like to view a copy of the preliminary plat before giving the formal ok to proceed (see Exhibit B for more comments from Idaho Power Company). Refuse Areas: The Sanitary Services Company (SSC) has commented that the proposed dumpster locations may not be adequately designed. Further, none of the submitted plans call -out how or if the refuse areas will be screened 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. The revised preliminary plat has new dumpster locations and design proposed. Pine Avenue Street Buffer: A 20 -foot wide street buffer is required along Pine Avenue, a collector street (UDC 11-2A-6). UDC 11-3B-7C2a requires all residential subdivision street buffers to be located on a common lot maintained by a home- owners association. Street buffers are not required adjacent to the other, internal streets. The submitted plans should be revised by placing the 20 -foot wide street buffer for Pine Avenue within a common lot. The revised preliminary plat depicts the required street buffer along Pine Avenue within a common lot. 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 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 19% (3.89 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 Canterbury Commons Home Owners' Association(s). The revised preliminary plat does show revised calculations for open space. Open space has been added to the northwest corner or the site, as well as the southeast corner of the site. Some smaller open space areas have also been added internally. Staff believes that the open space proposed complies with the UDC. Canterbury Commons Subdivision AZ-06-013/PP-06-011/CUP-05-006/PS-06-005NAR-06-005 PAGE 16 CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HYING DATE OF JULY 11, 2006 Fencing: The applicant has proposed a 6 -foot tall solid fence along the west, south and east boundaries of the development. Adjacent to the Eight Mile Lateral a chain-link fence is proposed. Chain-link fencing should be installed along both the Ten Mile Stub Drain and Eight Mile Lateral. 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 fencing shall be designed according to UDC 11-3A-7. 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. Private Streets: The applicant is proposing to use private streets to provide access to Pine Avenue. The applicant has submitted a Private Street application as required by UDC 11-3F-3. The private street standards are listed in UDC 11-3F. Staff is generally supportive of private streets for multi -family developments. This project is no exception. However, staff has some concerns with the layout of the private streets, as they do not provide an efficient pedestrian and vehicular street system. There are several of the proposed multi -family units that are double -fronted, or sandwiched, between a public street and a private street. This is not an efficient site layout. The applicant should design and construct the private streets in compliance with the standards listed for Private Streets in UDC 11-3F and as mentioned in the Staff Report. Please see Exhibit D below for the required findings for private streets. The applicant has submitted elevations for, but has not re -designed the project so there are not double fronted 4-plex units. Parking area on west end of Lot 5, Block 1: Originally, the parking area on the northwest side of the development exceeded the maximum 150 -feet length allowed by the Fire Department. The length of Lot 5, Block 1, (revised as Lot 6, Block 1) has been shortened on the revised preliminary plat. Site Layout/Density: The revised preliminary plat shows 263 dwelling units where 272 units were originally proposed. As noted in the Comprehensive Plan Policies and Goals Section, this area is designated mixed use. This designation anticipates higher densities in this area. However, staff believes that there are some design problems with the way the development is currently laid out. Lot 29, Block 1, sticks out into the private street drive lanes and prohibits pedestrians and vehicles from efficiently maneuvering in the development. Staff recommends that this lot become a common lot. On the revised preliminary plat, the pathway that was shown on the back side of the townhouses in Block 3, has been removed. Staff is supportive of this, as pedestrians can use the nearby sidewalk. However, Lot 29, Block 1 and the design of the private street drive lanes have not been amended. Canterbury Commons Subdivision AZ-06-013/PP-06-011/CUP-05-006/PS-06-005NAR-06-005 PAGE 17 CITY OF MERIDIAN PLANNIWEPARTMENT STAFF REPORT FOR THE HEWG DATE OF JULY 11, 2006 Staff is also concerned about the street system proposed. There is a full block of 4- plex units that have frontage on both the public street and the private street. This design is not efficient for services and is not desirable for future tenants and they will be sandwiched between two streets. Further, there is no variation in buildings or setbacks in this area; all of the units have the same street setbacks. The revised preliminary plat does show a variation of building, setbacks, but does not address the double frontage lot issue. Staff believes that the applicant has substantially complied with the changes requested and staff is recommending approval of the revised site plan/preliminary plat with the conditions listed in Exhibit B. Staff Recommendation: Based on the facts provided in this report, staff recommends approval of File Numbers AZ -06-013, PP -06-011, CUP -06-006, and PS -06-005. On June 1, 2006 the Meridian Planning _& Zoning Commission voted to recommend aDDroval of the subiect aDDlications. On September 12, 2006 the Citv Council voted to approve the subiect applications. 11. EDITS A. Drawings 1. Preliminary Plat (dated: 12-14-05 DEVISED 5 19 06 Revised 6-30-06) Canterbury Commons Subdivision AZ-06-013/PP-06-011/CUP-05-006/PS-06-005NAR-06-005 PAGE 18 - Staff Recommendation: Based on the facts provided in this report, staff recommends approval of File Numbers AZ -06-013, PP -06-011, CUP -06-006, and PS -06-005. On June 1, 2006 the Meridian Planning _& Zoning Commission voted to recommend aDDroval of the subiect aDDlications. On September 12, 2006 the Citv Council voted to approve the subiect applications. 11. EDITS A. Drawings 1. Preliminary Plat (dated: 12-14-05 DEVISED 5 19 06 Revised 6-30-06) Canterbury Commons Subdivision AZ-06-013/PP-06-011/CUP-05-006/PS-06-005NAR-06-005 PAGE 18 CITY OF MERIDIAN PLANADEPARTMENT STAFF REPORT FOR THE ANG DATE OF JULY 11, 2006 2. Landscape Plan (dated: 10-19-05 REVISED bi# un"ed (stamped "re-4sea» e 5 25 Revised 6-26-06) 3. Site Plan (dated: 10-10-05) 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 8. Central District Health Department 9. Idaho Power Company C. Legal Descriptions D. Required Findings from Unified Development Code Canterbury Commons Subdivision AZ-06-013/PP-06-011/CUP-05-006/PS-06-005NAR-06-005 PAGE 19 CITY OF MERIDIAN PLANNIWEPARTMENT STAFF REPORT FOR THE HEONG DATE OF JULY 11, 2006 A. Drawings 1. Preliminary Plat (dated: 12-14-05 Revised 6-30-06) waw& mt� � � ana'��lm ...,_y-,,_,,�a .. .• .... a NLN&ak?Su es=a atW ..... �ao��x� � azsrtdarn awuote;sr s3�Gv:Jwa a , "C., 71 €} ' x 7. 0 [[[[ R s Exhibit A — Page I ° a A. i.. x CITY OF MERIDIAN PLANN* DEPARTMENT STAFF REPORT FOR THE IIRING DATE OF JULY 11, 2006 2. Exhibit A — Page 2 Landscape Plan (dated 10-19-05 REWSED stamped 5 25 06Revised 6-26-06 CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HANG DATE OF JULY 11, 2006 3. Site Plan — (dated 10-10-05 NOT APPROVED) i i� Exhibit A — Page 3 NOMMOAUVEGINVO t Exhibit A — Page 3 NOMMOAUVEGINVO t CITY OF MERIDIAN PLANA DEPARTMENT STAFF REPORT FOR THE HSING DATE OF JULY 11, 2006 4. Elevations 14 it e !J Exhibit A — Page 4 4 a�� f 14 it e !J Exhibit A — Page 4 CITY OF MERIDIAN PLANNO DEPARTMENT STAFF REPORT FOR THE AING DATE OF JULY 11, 2006 I°Y lktg I 1 i1 gnu .s i Exhibit A — Page 5 :0 CITY OF MERIDIAN P BADE ARTM£KTS AFF REPORT FOR THE MANO DATE OF JULY 11,2 + -- - ] 04 � ���p j [t« § )t ƒ • ; »geed&«q,%Am, Exhibit A — Page 6 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HILG DATE OF JULY 11, 2006 Exhibit A — Page 7 CITY OF MERIDIAN PLANNO DEPARTMENT STAFF REPORT FOR THE ANING DATE OF JULY 11, 2006 Exhibit A — Page 8 CITY OF MERIDIAN PLANNEODEPARTMENT STAFF REPORT FOR THE HIONG DATE OF JULY 11, 2006 m Exhibit A — Page 9 CITY OF MERIDIAN P BODE ARTME TS AFF REPORT FOR THE HE(ko DATE OF JULY e,2 % Exhibit A - PaA 10 "40 WOO <&��d ... 4 CITY OF MERIDIAN PLANN DEPARTMENT STAFF REPORT FOR THE HONG DATE OF JULY 11, 2006 B. Conditions of Approval 1. Planning Department Annexation and Zoning Comment – There will be a requirement for a Development Agreement on this site. Details of said Develo mp ent Agreement are found in Section 10 of the Staff Report. 1.1 SITE SPECIFIC REQUIREMENTS—PRELIMINARY PLAT (PP -06-011) 1.1.1 The preliminary plat/site plan labeled Sheet P1, prepared by Treasure Valley Engineers, dated May 19, 2006, is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation (AZ -06-013) and Conditional Use Permit (CUP -06-006) shall also be considered conditions of the Preliminary Plat (PP -06-011). 1.1.2 The landscape plan prepared by Jensen Belts, revised on 5-25-06, is approved with the following modifications/notes: • Provide a 20 -foot wide landscape buffer along Pine Avenue that is in a separate common lot. The landscape buffer along Pine Avenue shall be designed in accordance with UDC 11-3B-7. • Match the location and design of the clubhouse, pool, basketball court, tot -lots, and picnic areas with the preliminary plat. • Provide landscaping in compliance with UDC 11-3B-12, adjacent to the micro -paths. • Provide a minimum 5 -foot wide landscape buffer and trees along the southern boundary of the development. • All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11-313-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non- vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B-11. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3B-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. • A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Council signature of the Final Plat. All standards of installation shall apply as listed in UDC 11-313- 14. The applicant shall submit revised landscape plans with the final plat application(s). 1.1.3 Provide private streets within the 4-plex portion of this development. Said private streets shall comply with the standards listed for Private Streets in UDC 11-317. Provide a cross parking/cross access easement for all of the lots in Block 1 to use common Lot 6 (private streets) as access to Pine Avenue. Prior to the signature of the final plat by the City Engineer, provide a copy of a recorded cross-access/ingress-egress and parking maintenance agreement for Lot 6. 1.1.4 Prior to signature of the final plat by the City Engineer, all buildings shall be removed or relocated, prior to signature of the final plat by the City Engineer. Exhibit B — Page 1 CITY OF MERIDIAN PLANNIODEPARTMENT STAFF REPORT FOR THE H&G DATE OF JULY 11, 2006 1.1.5 Provide solid fencing along the south and east sides of the project. Provide chain-link fencing along the Eight Mile Lateral and the Ten Mile Stub Drain. Perimeter, common open space, and micro -path fencing shall be designed according to UDC 11-3A-7. 1.1.6 Maintenance of all common areas shall be the responsibility of the Canterbury Commons Subdivision Homeowners' Association. 1.1.7 All irrigation ditches, laterals or canals, exclusive of natural waterways (Ten Mile Stub Drain and Eight Mile Lateral), intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 12-4-13, unless otherwise approved by the Irrigation District(s). Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.1.8 Other than the two access points approved by ACRD, direct lot access to W. Pine Avenue is prohibited. A note shall be placed on the final plat restricting access to W. Pine Avenue. 1.1.9 Underground year-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant shall 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. 1.1.10 All internal sidewalks shall be constructed as submitted and in accordance with MCC 12-5-2.K. 1.1.11 No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a Certificate of Zoning Compliance (CZC) permit from the Meridian Planning and Zoning Department (MCC 11-19-1). NOTE: Multiple 4-plex and or townhouse units may be contained in a single CZC permit. 1.1.12 Prior to obtaining certificate(s) of occupancy, all development improvements, including perimeter fencing, irrigation, and landscaping shall be installed. 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, amenities, sewer, water, etc. 1.1.13 Add a pathway at the southwest corner, between Lots 26 and 27, that connects the sidewalk on the private street with the multi -use pathway_ adjacent to the Ten Mile Stub Drain. 1.1.14 Provide an easement for a public bus pull out/bus stop along Pine Avenue. Coordinate the location of the easement with Valley Ride staff. 1.2 GENERAL REQUIREMENTS—PRELIMINARY PLAT (PP -06-011) Exhibit B — Page 2 CITY OF MERIDIAN PLANN DEPARTMENT STAFF REPORT FOR THE HG DATE OF JULY 11, 2006 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 -06-006) 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 All townhouse dwellings shall contain a 20' x 20' parking pad in front of a two -car garage. Provide at least 392 covered parking spaces for the 4-plex units. 1.3.3 Provide at least 80 square feet of private, usable open space for each 4-plex unit, such as a patio or deck. 1.3.4 All elevations of the 4-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 Providing the following amenities: 3.89 acres of common open space, a 3,000 square -foot community club house and fitness facility, a property management office, a maintenance storage area, a development map/directory, a pool, two tot -lots, a half basketball court, walking trails along the Ten Mile Stub Drain and Eight Mile Lateral and throughout the project, and picnic tables on Lot 9, Block 2, and as required by the Planning & Zoning Commission. 1.3.6 Construct an additional leg of the pathway along the Ten Mile Stub Drain north through Lot 26, Block 1, that connects with the sidewalk on Lot 6, Block 1. Provide either a note on the face of the final plat, or in a document such as CCR's , an access easement for all of the lots within this Exhibit B — Page 3 CITY OF MERIDIAN PLANN DEPARTMENT STAFF REPORT FOR THE HING DATE OF JULY 11, 2006 development to use the pathway that runs along the Ten Mile Stub Drain. 1.3.7 Unless otherwise approved by the Public Works Department, provide a full 10 -feet between the front of the 4-plex units and the back of the adjacent sidewalk. Provide a 5 -foot wide side setback (10 -feet between buildings) between buildings. 1.3.8 Provide open -vision (chain link) fence along Eight Mile Lateral and the Ten Mile Stub Drain. 1.3.9 All comments and conditions of the accompanying Annexation (AZ -06-013) application and Preliminary Plat (PP -06-011) application shall also be considered conditions of the Conditional Use Permit (CUP -06-006). 1.3.10 The applicant shall align, where appropriate, the handicapped parking stalls as to provide an open corridor for fire department gurney access to the units. 1.3.11 2. Public Works Department 2.1 Sanitary sewer service to this development is being proposed via extension of mains in W. Pine Avenue. Those mains currently flow to the Moshers Farm lift station. There is currently a City of Meridian project underway to decommission that lift station and allow for these mains to gravity flow. If this city project is not completed prior to final plat application of this project, the applicant shall be responsible to submit written permission from the owner of the Mosher Farms lift station to discharge to it, as well as be responsible for any upgrades that may be required. 2.2 The proposed five foot setback from the sidewalk to the four-plexes may not be adequate to install larger diameter water services that are often used in these types of buildings. If the larger diameter water meters are used then the applicant shall increase the amount of setback to ensure adequate room to install the water services. 2.3 Prior to the next public hearing, the applicant shall meet with Vic Steelman of Idaho Power (388- 6320) to discuss routing of the common trench through the multi -family portion of this project. The applicant shall submit to the City a letter from Idaho Power stating that they are approving a substandard utility easement for this project. 2.3 The applicant shall install all sewer mains necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.4 Water service to this site is being proposed via extension of mains in W. Pine Avenue. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works, and execute standard forms of easements for any mains that are required to provide service. 2.5 All sewer and water mains not in the right-of-way shall be centered in a 20 -foot wide easement. 2.6 The applicant has indicated Nampa and Meridian Irrigation District will own and operate the pressure irrigation system in this proposed development therefore a letter of plan approval shall be submitted prior to scheduling of a pre -construction meeting. Exhibit B — Page 4 CITY OF MERIDIAN PLANNIOEPARTMENT STAFF REPORT FOR THE HEOG DATE OF JULY 11, 2006 2.7 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.8 All existing structures shall be removed prior to signature on the final plat by the City Engineer. 2.9 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. 2.10 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. 2.11 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.12 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. 2.13 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.14 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.15 All development improvements, including but not limited to sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.16 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 2.17 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.18 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.19 Applicant shall be responsible for application and compliance with any Section 404 Permitting Exhibit B — Page 5 CITY OF MERIDIAN PLANN DEPARTMENT STAFF REPORT FOR THE HE*G DATE OF JULY 11, 2006 that may be required by the Army Corps of Engineers. 2.20 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.21 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.22 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 2.23 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. Fire Department 3.1 One and two family dwellings will require a fire -flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500' apart. International Fire Code Appendix C 3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 41/2" 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 comers when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. i. Fire sprinklers required for four-plexes. 3.4 All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 3.5 For all Fire Lanes, paint the curb red and 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 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. 3.8 Maintain a separation of 5' from the building to the dumpster enclosure. Exhibit B — Page 6 CITY OF MERIDIAN PL DEPARTMENT STAFF REPORT FOR THE HOG DATE OF JULY 11, 2006 3.9 The first digit of the Apartment/Office Suite shall correspond to the floor level. 3.10 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.11 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.12 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. 3.13 The Fire Department requires 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. Revise the western terminus of Lot 5, Block 1 to either be less than 150 -feet, or provide a turnaround. 3.14 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). 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). 3.15 All R-2 occupancies with 3 or more units or with 3 floors shall be required to be fire sprinklered. 3.16 Pool chemicals shall be stored in compliance with the International Fire Code. 3.17 Side yard fences shall not be allowed. 4. Police Department 4.1 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 Department All parking spaces shall be assigned to a specific dwelling unit or for guest use The parking space identification shall use a different numbering system than the dwelling units. 4.2 The fagades of the multi -family buildings shall include windows that look onto the parking areas and/or other public areas. 4.3 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. 4.4 The pedestrian access to the proposed clubhouse/community entrance is not well-defined The applicant shall submit a revised landscape plan that uses walkwy paving materials and landscaping to alert motorists to the pedestrian traffic Exhibit B - Page 7 CITY OF MERIDIAN PLANN EPARTMENT STAFF REPORT FOR THE HERG DATE OF JULY 11, 2006 5. Parks Department 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13-6) will be followed. 5.2 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. 6. Sanitary Service Company 6.1 Waste enclosure locations: There is a concern that the enclosures are not located to minimize service vehicle backing -up requirements. Large waste vehicles have blind spots when backing up is required. 98% of waste vehicle accidents occur when backing -up. Please contact Bill Gregory at SSC (888-3999) to discuss this matter prior to the next public hearing. 7. Ada County Highway District Site S ecific Conditions oLApproval 7.1 Construct West Pine Avenue as one half of a 46 -foot street section with vertical curb, gutter and 5 -foot sidewalks within 70 -feet of right-of-way (35 -feet from centerline). Widen the bridge on the northwest and northeast property lines to accommodate the proposed pavement widening along West Pine Avenue. Locate the improvements to West Pine Street approximately 346 -feet east of the northwest property line to provide a consistent street section for the Capital Improvements Plans widening of the intersection of Ten Mile Road and West Pine Street. 7.2 Construct internal roadways as 33 -foot street sections. 7.3 Access on West Pine Avenue must align with northern access in the two proposed places: West Jayton Drive, a proposed public street, located 497 -feet west of the northeast property line and North Lyndhurst Lane, a proposed private street, located 476 -feet east of the northwest property line. ACRD requires Fire Department approval for these street sections. 7.4 Construct the intersection of North Glen Oaks Avenue and West Jayton Drive to a minimum intersection measurement of 75 -degrees. 7.5 Construct West Jayton Lane in alignment with West Jayton Drive at the intersection of West Pine Avenue. 7.6 Construct West Snyder Lane in alignment with West Snyder Street at the intersection of North Glen Oaks Avenue. Exhibit B — Page 8 CITY OF MERIDIAN PL DEPARTMENT STAFF REPORT FOR THE MING DATE OF JULY 11, 2006 7.7 Other than the access specifically approved with this application, direct lot access to West Pine Avenue is prohibited and shall be noted on the final plat. 7.8 Comply with all Standard Conditions of Approval. Standard Conditions ofAproval 7.1b Any existing irrigation facilities shall be relocated outside of the right-of-way. 7.2b Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 7.3b All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.4b 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. 7.5b Comply with the District's Tree Planter Width Interim Policy. 7.6b 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. 7.7b 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. 7.8b 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. 7.9b 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. 7.10b 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. 7.1 lb 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. 7.12b 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 9 CITY OF MERIDIAN PLANN DEPARTMENT STAFF REPORT FOR THE JRNG DATE OF JULY 11, 2006 7.13b Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. Central District Health Department 8.1 After written approval from appropriate entities are submitted, we can approve this proposal for central sewage and central water. 8.2 The following plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: central sewage and central water. 8.3 Run-off is not to create a mosquito breeding problem. 8.4 It is recommended that storm water be pre-treated prior to discharge to the subsurface to prevent impact to ground water and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for storm water disposal and design a storm water management system that is preventing groundwater and surface water degradation. 9. Idaho Power Company 9.1 I have visited with Vic Steelman, our joint trench coordinator, about your request for a seven foot wide utility easement in the Canterbury Commons Subdivision. Your request for seven feet is less than our normal ten foot wide easement. To accomplish this you also offered to allow us to place our devices in an island area adjacent to the parking area next to the sidewalk. We have on a very limited basis allowed this but additional utility easements are required to do this. The easement would join the street side of the standard easement and be large enough to create a box around the island in the parking lot. Our transformers would occupy the island as well as the devices of the telephone and cable tv companies. The joint trench running line would be in the seven foot utility easement with conduit stubs to the transformers. Our j -boxes would be in the normal utility easement. Since this request is for an easement that is outside of our normal width we would like to view a copy of the preliminary plat before giving formal ok to proceed with the request. Thank You, please call me at 388-5585 if you have further questions. Exhibit B — Page 10 CITY OF MERIDIAN PLANNIOEPARTMENT STAFF REPORT FOR THE HERG DATE OF JULY 11, 2006 C. Legal Description uNL�IMITED BOUNDARIES, INC. DM : A� �LL- Associated Land Surveyors hhk.� 1103W Main St. Middleton, Idaho 83644 1T11#N0WW1i11%&WJ J The following describes a parcel of real property being a portion of the Southwest Quarter of section 11, Township 3 North, Range I West, B.H., City Of Meridian, Ada County, Idaho, and being more particularly described as follows - Commencing at the Center Quarter CorAer of said Section ,, thence along the east -wast centerline of said section 11,. Na0111145"W, 572.46 £eet to the POINT or swnwma; Tb6nce, leaving said Centerline, S0005vi's-w, 925.49 feet to the northerly Right-of-way of the union pacific Railroad; Thence, along Said Right -of -Way, N88*2714011W, feet to the centerline Of the Ten Mile Stub Drain; Thence, along said centerline, N02056115"E, 47.88 feet Thence, continuing along said centerline, W20*45'45"W, 96,82 feet, Thence, continuing along said centerline, N41*18'45'W, 515.84 feet; Thence, CO'Atinulng along said CentOrline, N59*26'45"W, 645.83 feet; Thence, leaving said centerline, NWS2115-E, 74.93 feet to t1je east -west centerl4ne of said section 12, Thence, along said canterline, 989*1c,4s"r., 4576.4.7 feet to the POINT Or WGIbUM4 The above described parcel of real property contains 21-77 acres, more Ox lass and is subject to the Rights -of -Way of the Eight Mile Lateral �elinq 61Yty-fGet(60'1 in width, West Pine Avenue being Twenty -Five feet (50*) in width and an easement for the Ten Mile tufa D'rain being Sixty - teat (601) in width. RE Exhibit C — Page 1 CITY OF MERIDIAN PLANN DEPARTMENT STAFF REPORT FOR THE AG DATE OF JULY 11, 2006 .£ttr'sZE a"�C�6iet3� -'• 1 � as I �s Ma cv I r U / u spa, 27 " a „ea a' d z$ y; Q W '®rte ausa,� Exhibit C — Page 2 CITY OF MERIDIAN PLANNIOEPARTMENT STAFF REPORT FOR THE HEOG DATE OF MARCH 16, 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: A. The map amendment complies with the applicable provisions of the comprehensive plan; 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). B. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds that there are several uses that are allowed and conditionally allowed within the requested zoning districts of R-15. Specifically, multi -family uses are conditionally allowed and townhouses are principally permitted. Council finds that the development of this property should be required to comply with the established regulations and purpose statements of the requested zone. See Section 10, Analysis above for information on the regulations that need to be complied with. C. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds that the proposed annexation and zoning, and subsequent development of this property shall not be detrimental to the public health, safety and/or welfare. The Commission and Council should rely on any oral or written testimony that may be provided when determining this finding. D. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, 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. E. The annexation is in the best of interest of the City (UDC 11-511-3.E). 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. If the Council determines the annexation is in the best interest of the City, a Development Agreement (DA) with the Ci1y is re uired. 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: A. The plat is in conformance with the Comprehensive Plan; Exhibit D — Page 1 CITY OF MERIDIAN PLANN EPARTMENT STAFF REPORT FOR THE HEWG DATE OF MARCH 16, 2006 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). B. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that services can be made available to accommodate the proposed development. C. 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. D. 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 above, and the Agency Comments and Conditions in Exhibit B for more detail.) E. The development will not be detrimental to the public health, safety or general welfare; and Council is not aware of any health, safety or environmental problems associated with the development of this subdivision. ACHD considers road safety issues in their analysis. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems. F. The development preserves significant natural, scenic or historic features. Council finds that the Eight Mile Lateral and Ten Mile Stub Drain are features that should be preserved. Council is unaware of any other 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, if the Ten Mile Drain and Eight Mile Lateral are preserved and protected. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance. 3. 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 2 CITY OF MERIDIAN PLANNINOPARTME NT STAFF REPORT FOR THE HEA�G DATE OF MARCH 16, 2006 Council fords that the site is large enough to accommodate all required parking, landscaping, loading and other standard regulations required by the UDC. However, the applicant has applied for a variance to the standard lot size and rear building setbacks. See Section 10 of the Staff Report for detailed analysis. B. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. Council fords 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. Council fords that the general design (as amended), construction, operation and maintenance of the townhouse and multi -family uses will be compatible with other uses in the general neighborhood and with the existing and intended character of the vicinity as to not adversely change the character of the area. 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. 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. Council fords 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. 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. Exhibit D — Page 3 CITY OF MERIDIAN PLANN EPARTMENT STAFF REPORT FOR THE HE*G DATE OF MARCH 16, 2006 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 general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. Council finds that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. Council does not believe that the amount of traffic or noise generated will be detrimental to the general welfare of the public. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposal may cause health, safety or environmental problems. 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. Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance. 4. Private Street Findings: A. The Design of the private street meets the requirements of this Article; The applicant will have to certify that the Ada County Street Naming Committee has accepted the private street names. The design of the streets meets the standards as set forth in UDC 11-3F-4; no gates are allowed. Roadway and storm drainage shall be contained on site. B. Granting approval of the private street would not cause damage hazard, or nuisance, or other detriment to persons property, or uses in the vicinity; and Staff and Council does not anticipate any hazard, nuisance or other detriment from the private streets if they are constructed and maintained as designed. C. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan. The location of the private streets does not conflict with the Comprehensive Plan and/or the regional transportation plan. Exhibit D — Page 4 I� September 29, 2006 U WIT -111Z1111 MERIDIAN CITY COUNCIL MEETING October 3, 2006 APPLICANT JE Development, LLC ITEM NO. 5-F REQUEST Findings for Approval - Request for Annexation and Zoning 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: Contacted: Emailed: COMMENTS See attached Findings Materials presented at public meetings shall become properly of the City of Meridian. 0 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER 0416�� .: 3f U)A1Wg f` In the Matter of Annexation and Zoning of 4.38 acres from RUT (Ada County) to R-8 (Medium Density Residential) AND Preliminary Plat approval for 20 single-family residential building lots and 5 common lots on 4.38 acres in a proposed R-8 zone, by JE Development, Inc. Case No(s). AZ -06-040 and PP -06-038 For the City Council Hearing Date of. September 19, 2006 (fmdings on October 3, 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 -06-040 and PP -06-038 • 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 20a', 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 -06-040 and PP -06-038 0 final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of September 19, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-040 and PP -06-038 By action of the City Council at its regular meeting held on the �day of 2006. COUNCIL MEMBER SHAUN WARDLE VOTED _0�� COUNCIL MEMBER JOE BORTON VOTED_y� COUNCIL MEMBER CHARLIE ROUNTREE VOTED_ �� COUNCIL MEMBER KEITH BIRD VOTED_�L� TIE BREAKER MAYOR TAMMY de WEERD VOTED MAYO de WEERD ATTEST: °`���������������,,�%°° OF WILLIAM G. BERG, JR.(ICItY CLE$_K B19AL _ s Copy served upon: ✓ Applicant °'°°, 9 °r`�®®°'� �- Planning Depai'Wn°°° —v Public Works Department City Attorney B :Dated: l l�°I ' Dir rty Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-040 and PP -06-038 CITY OF MERIDIAN PLANNtODEPARTMENT STAFF REPORT FOR THE HEARINVATE OF SEPTEMBER 19, 2006 �.: STAFF REPORT Hearing Date: 9/19/2006 � � � � 9/19/2006 TO: Mayor & City Council FROM: Jenny Veatch° Associate City Planner IDAHO Meridian Planning Department'a 208-884-5533 SUBJECT: Bellabrook Subdivision AZ -06-040 Annexation and Zoning of 4.38 acres from RUT (Ada County) to R-8 (Medium Density Residential). PP -06-038 Preliminary Plat approval of 20 single-family residential building lots and 5 common lots on 4.38 acres in a proposed R-8 zone, by JE Development, Inc. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, JE Development Inc., has applied for Annexation and Zoning (AZ) to R-8 (Medium Density Residential) for 4.38 acres of property currently zoned RUT in Ada County. The applicant is also asking for preliminary plat approval of 20 single family residential lots and 5 common lots on 4.38 acres. The site is located south of Franklin Road and east of Locust Grove Road. Currently, there is a single-family home and associated outbuilding on this site. The existing structures 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 Bellabrook Subdivision (AZ -06-040 and PP -06-038) with the conditions listed in Exhibit B of the Staff ReportThe Meridian Planning and Zoning Commission heard these items on August 3 2006. At the public hearing they moved to recommend approval. On September 19, 2006 the Meridian City Council voted to approve the subiect applications. a. Summary of Public Hearing: i. In favor: Ross Erickson ii. In opposition: None iii. Commenting: Rod Cullip iv. Staff presenting application: Jenny Veatch v. Other staff commenting on application: Caleb Hood b. Key Issues of Discussion by Commission: i. Whether the proposed R-8 zoning makes a good transition from R-4 and the surrounding rural surrounding properties, when this property is shown as Mixed - Use on the Future Land Use Map; ii. Feasibility of building and maintaining a fence and micropath in a floodway; c. Key Commission Changes to Staff Recommendation: i. Delete condition of approval 3.7. regarding common driveways and turning radii. d. Outstanding Issue(s) for City Council: i. None Bellabrook Subdivision AZ-06-040/PP-06-038 PAGE 1 CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HEARINQ'1SATE 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 -040 and PP -06-038 as presented in staff report for the hearing date of September 19, 2006 with the following modifications: (Add any proposed modifications.) Recommend Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ - 06 -040 and PP -06-038 as presented during the public 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.) Continuance I move to continue File Numbers AZ -06-040 and PP -06-038 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: 300 S. Locust Grove Road; south of Franklin Road and east of Locust Grove Road in Section 17, Township 3 North, Range 1 East b. Owners: JE Development, LLC 1854 E. Lanark Street Meridian, ID 83642 c. Applicant: JE Development, Inc. 1854 E. Lanark Street Meridian, ID 83642 d. Representative: Ross Erickson, Erickson Civil, Inc. e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Designation: Mixed Use Community g. Description of Applicant's Request: The applicant is requesting concurrent approval for Annexation and Zoning of the subject 4.38 acres to R-8 and Preliminary Plat approval of 20 single-family buildable lots and 5 common lots. All of the homes within the development are proposed to be single-family detached, with 18 homes sharing common driveways. The average lot size in the proposed development is 4,961 square feet. The gross density of the project is 4.57 dwelling units per acre. Approximately 18.3 percent of the site is being set aside for useable open space. 1. Date of preliminary plat (attached in Exhibit A): July 20th, 2006 2. Date of landscape plan (attached in Exhibit A): July 20th, 2006 Bellabrook Subdivision AZ-06-040/PP-06-038 PAGE 2 CITY OF MERIDIAN PLANNINDEPARTMENT STAFF REPORT FOR THE HEARING)?ATE OF SEPTEMBER 19, 2006 5. PROCESS FACTS a. The subject application will in fact constitute an annexation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. 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 17th and July 31 St, 2006 (for P & Z Commission hearing) and August 28' and September 11', 2006 (for City Council hearing) d. Radius notices mailed to properties within 300 feet on: July 7h, 2006 (for P & Z Commission hearing) and August 25h, 2006 (for City Council hearing) e. Applicant posted notice on site by: July 24th, 2006 (for P & Z Commission hearing) and September 7', 2006 (for City Council hearing) 6. LAND USE a. Existing Land Use(s): There is one single-family home and an associated outbuilding on this site. The existing structures are to be removed. b. Description of Character of Surrounding Area: This area contains a wide variety of uses in the city and a mix of rural parcels in Ada County. c. Adjacent Land Use and Zoning: 1. North: Commercial, zoned C -N and LDS Church, zoned RUT (Ada County). 2. East: 2 acre residential parcel and 3 acre parcel bare land, zoned R-1 (Ada County) 3. South: Woodbridge Subdivision, zoned R-4 4. West: Light Office (LO) and rural residential parcels. d. History of Previous Actions: None e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: This property is proposing to sewer to mains located in Locust Grove Road. Location of water: This property is proposing water service to mains located in Locust Grove Road. Issues or concerns: Flood plain on the back of this property. 2. Canals/Ditches Irrigation: There are a few irrigation ditches and drains that traverse through or adjacent to this site. All open irrigation ditches, laterals and canals, should be tiled when this property develops. 3. Hazards: AE flood plain along the eastern boundary of this site. 4. Proposed Zoning: 5. Size of Property: R-8 (Medium Density Residential) 4.38 acres Bellabrook Subdivision AZ-06-040/PP-06-038 PAGE 3 CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HEARINSTE OF SEPTEMBER 19, 2006 f. Subdivision Plat Information: 1. Residential Lots: 20 2. Non-residential Lots: 0 3. Total Building Lots: 20 4. Common Lots: 5 5. Other Lots: 0 6. Total Lots: 25 7. Gross Density: 4.57 units per acre (net density is 6.02 d.u./acre) 8. Minimum House Size: Not provided g. Landscaping 1. Width of street buffer(s): 25 feet 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: 1.05 acres/24%, 0.80 acres/18.3% useable open space. 4. Other landscaping standards: UDC 11 -3A -8D requires pathways have easements at least fifteen feet (15') in width in accord with Section 11-3B-12 landscaping requirements of this Title. h. Amenities: Common lots with landscaping, and multi -use pathway. i. Off -Street Parking: UDC 4-3C-6 requires single-family detached dwellings to have 2 enclosed parking spaces (a garage) and a 20' x 20' parking pad in front of each garage. j. Proposed and Required Residential Standards: R-8 Setbacks (in feet) Proposed Required Front Living Area (to sidewalk) 15 15 Side Accessed Garage (to sidewalk) 20 20 Side 4 4 Rear 12 12 Frontage with shared driveway 40 40 Lot Size with shared driveway 4,000 4,000 k. Proposed and Required Non -Residential: N/A 1. Summary of Proposed Streets and/or Access: The applicant is proposing to construct internal streets with 34 -foot wide street sections (measured back to back) with rolled curb, gutter and contain 5 -foot wide attached sidewalks. The applicant is also proposing to construct a center landscape island, with 21 -foot street sections on either side, near the intersection of Locust Grove Road and the proposed entry road E. Kalispell Drive. The proposed entry road will align with an access point to the west, across Locust Grove Road. There is one public street proposed to the east. The right-of-way for S. Torino Avenue will extend to the east Bellabrook Subdivision AZ-06-040/PP-06-038 PAGE 4 CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HEARINAE OF SEPTEMBER 19, 2006 property line to provide future connectivity to the adjacent parcel. Staff is generally supportive of the proposed street system. ACHD has submitted comments and conditions for this project, which are included in Exhibit B. 7. COMMENTS MEETING On July 14, 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 "Mixed Use Community" on the Comprehensive Plan Future Land Use Map. Medium density residential areas are compatible with this designation and are anticipated to contain three to eight dwellings per acre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 20 single-family lots on 4.38 acres for a gross density of 4.57 dwelling units/acre. The proposed density complies with the anticipated density for this area. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): Chapter VII, Goal III, Objective A, Action 1 - Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner.- Sanitary anner:Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (A ChD). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee -supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. Chapter VI, Goal II, Objective A, Action 3 - Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all Bellabrook Subdivision AZ-06-040/PP-06-038 PAGE 5 CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HEARINAOTE OF SEPTEMBER 19, 2006 land -use decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. The applicant is proposing a multi -use pathway that will connect to the future master pathway planned along Five Mile Creek. Staff believes that the subject applications comply with the policies listed in the literature noted above. Chapter VI, Goal II, Objective A, Action 6 - Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The submitted preliminary plat proposes to align an entry road, E. Kalispell Drive, with an existing access on the west side of Locust Grove Road. The applicant also proposes one public street to the parcel to the east zoned R-. The right-of-way for S. Torino Avenue will extend to the east property line to provide future connectivity to the adjacent parcel, which staff anticipates will develop in the near future. Staff believes that the applicant has done an adequate job of providing for future connectivity to the east and west. Chapter VI, Goal II, Objective A, Action 13 - Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. See analysis above. Chapter VII, Goal I, Objective D, Action 9 - Require new residential development to provide permanent perimeter fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. The applicant is proposing to construct a six-foot tall closed fence around the boundary of this development. There is existing fence from the LDS Church parcel and the parcel to the east. There should be no new 6 -foot solid fence constructed along the northeastern open space lot. Prior to house construction, fencing should be constructed around the perimeter of this site. See Analysis below and Exhibit B for more information. Chapter VI, Goal II, Objective A, Action 5 - Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. The applicant is proposing to construct five foot wide sidewalks attached to all of the proposed streets. These will provide internal access and to the property to the east. In addition, the applicant proposes a ten foot wide multi -use pathway along the Five Mile Creek, which will promote future connectivity to the future pathway system. 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. Bellabrook Subdivision AZ-06-040/PP-06-038 PAGE 6 CITY OF MERIDIAN PLANNIDEPARTMENT STAFF REPORT FOR THE HEARINOTE OF SEPTEMBER 19, 2006 The applicant is proposing a residential zone. Staff finds that the proposed and existing mixed uses in the area 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. The applicant is proposing to construct a six-foot tall privacy around this development. The applicant is also proposing a large amount of open space on this site that is adjacent to the rural parcels to the northeast. The common open space lot should be left open. Most of the future and current development in the area and on the perimeter of the development is commercial or medium to low density residential. Staff recommends that the Commission and Council rely on any written or verbal testimony provided from neighbors when determining if additional screening or more transition in density is appropriate. 9. UNIFIED DEVELOPMENT CODE a. Schedule of Uses: Unified Development Code (UDC) 11-2-1 lists single-family detached homes as permitted uses in the R-8 zoning district. b. Purpose Statement of Zone: R-8 Medium Density Residential: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. c. General Standards: All of the proposed lots comply with the standard street frontage and lot size requirements of the R-8 zone established in the UDC. No dimensional modifications are being requested for the proposed development. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: 1. AZ Application: Based on the policies and goals contained in the Comprehensive Plan, staff believes that the requested R-8 zone is appropriate for this property. Please see Exhibit D for detailed analysis of the required facts and findings for annexation. The annexation legal description submitted with the application (stamped on May 11, 2006 by Clinton W. Hansen, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 2. PP Application: The proposed preliminary plat substantially complies with the Unified Development Code. Special Considerations: DensityOpen Space: As noted previously in this report, this area is designated for mixed-use community. Medium density residential is allowed and defined as up to eight dwelling units per acre. The submitted plat has a gross density of 4.57 dwelling units per acre, and a net density of 6.02 dwelling units per acre. There are existing rural lots to the east and west of this site. Bellabrook Subdivision AZ-06-040/PP-06-038 PAGE 7 CITY OF MERIDIAN PLANODEPARTMENT STAFF REPORT FOR THE HEARINiRJATE OF SEPTEMBER 19, 2006 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. The applicant proposes to provide a total of 22.7% open space. The common lot and multiuse pathway as designed by the applicant meet the open space requirement. Landscaping The landscape plan prepared by Erickson Civil, Inc., on July 201h 2006, is approved with the following modifications/notes: • Per UDC 11 -3G -3A, set aside at least 18.3% (0.80 acres) of the site for useable open space, as proposed. • Per UDC 11 -3G -3E1, at least one deciduous shade tree per every 8,000 square feet of common open space should be planted, and common areas should be improved with lawn, either seed or sod. • Per UDC 11-3B-10, the applicant should work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. 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 align E. Kalispell Drive with the access road to the west across Locust Grove Road and extend the right-of-way for S. Torino Avenue to the east property line to provide future connectivity to the adjacent parcel east as proposed. Existing Residences/Buildings: The site currently contains a home and accessory buildings. All existing buildings shall be removed as proposed. Fencing: The applicant is proposing to construct 6 -foot solid fencing along the entire perimeter of the site. 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 (6 -foot solid fencing is not allowed around open space or micro -paths). Common Areas: Maintenance of all common areas shall be the responsibility of the Bellabrook 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. Bellabrook Subdivision AZ-06-040/PP-06-038 PAGE 8 CITY OF MERIDIAN PLAADEPARTMENT STAFF REPORT FOR THE HEARINCOATE OF SEPTEMBER 19, 2006 b. Staff Recommendation: Staff recommends approval of the subject applications AZ -06- 040 and PP -06-038 with the conditions listed in Exhibit B of the Staff Report for the hearing date of September 19, 2006. The Meridian Planning and Zoning Commission heard these items on August 3, 2006. At the public hearing they moved to recommend approval. On September 19, 2006, the Meridian City Council voted to approve the subject applications. A. Drawings 1. Preliminary Plat (dated: 7/20/06) 2. Landscape Plan (dated: 7/20/06) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Central District Health Department C. Legal Description D. Required Findings from Unified Development Code Bellabrook Subdivision AZ-06-040/PP-06-038 PAGE 9 CITY OF MERIDIAN PLANODEPARTMENT STAFF REPORT FOR THE HEARINQATE OF SEPTEMBER 19, 2006 A. Drawings 1. Preliminary Plat (dated: 7/20/06) 060. tpt/a5 Exhibit A — Page I BellabrookSubdivision Meridian, Idaho R9)13 of c M > 0M v Z 0z> � 0;0 M n-< rn r- U)'U iTI 0 > 550 Z CO - N - NM 0>- 00 > a) 0 X ozo c cc 0 ziX 10 U) W c azm :1X X < 0 j Fp X z0 z G) M M U) -4 i't 4"A -awR A 3i 6 i : Ar —7-- 060. tpt/a5 Exhibit A — Page I BellabrookSubdivision Meridian, Idaho R9)13 of c M > 0M v Z 0z> � 0;0 M n-< rn r- U)'U iTI 0 > 550 Z CO - N - NM 0>- 00 > a) 0 X ozo c cc 0 ziX 10 U) W c azm :1X X < 0 j Fp X z0 z G) M M U) -4 -awR Ar —7-- 060. tpt/a5 Exhibit A — Page I BellabrookSubdivision Meridian, Idaho R9)13 of c M > 0M v Z 0z> � 0;0 M n-< rn r- U)'U iTI 0 > 550 Z CO - N - NM 0>- 00 > a) 0 X ozo c cc 0 ziX 10 U) W c azm :1X X < 0 j Fp X z0 z G) M M U) -4 CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HEARINGMATE OF SEPTEMBER 19, 2006 Landscape Plan (dated 7/20/06) 7,- 6 n.A IQ' F W 1P 7,- 6 n.A IQ' F t I al 0 7,- 6 0 I KQ Exhibit A — Page 2 n.A F it P -i it 1 a i 11Fg1IF! fill I 1e1 ll it jig if I F, Rill nq Billt�iEF 111111BFFiiE it 0 I KQ Exhibit A — Page 2 F -i it 1 a i 0 I KQ Exhibit A — Page 2 CITY OF MERIDIAN PLANNINDEPARTMENT STAFF REPORT FOR THE HEARINGaATE OF SEPTEMBER 19, 2006 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIREMENTS—PRELIMINARY PLAT (PP -06-038) 1.1.1 The preliminary plat labeled as PP -1, prepared by Erickson Civil, Inc., dated July 20, 2006 is approved, with the conditions listed herein. All comments and conditions of the accompanying Annexation and Zoning (AZ -06-040) application shall also be considered conditions of the Preliminary Plat (PP -06-038) 1.1.2 The landscape plan prepared by Erickson Civil, Inc., on July 20, 2006, is approved with the following modifications/notes: • Per UDC 11 -3G -3A, set aside at least 24% (1.05%) open space of which 18.3% (0.80 acres) of the site will be for useable open space, as proposed. • Per UDC 11 -3G -3E1, at least one deciduous shade tree per every 8,000 square feet of common open space should be planted, and common areas should be improved with lawn, either seed or sod. • Per UDC 11-313-10, the applicant should work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. 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 west and extend the right-of-way for S. Torino Avenue to the east property line as proposed. 1.1.4 Construct a 10 -foot multi -use pathway along Five Mile Creek as proposed. 1.1.5 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 6 -foot tall solid fence around the perimeter of the development, except at the northeastern common lot. (There is existing fence from the LDS Church parcel and the parcel to the east, but no new 6 -foot solid fence should be constructed along the northeastern open space lot.) A detailed fencing plan shall be submitted upon application of the final plat. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro - path fencing shall be designed according to UDC 11-3A-7. 1.1.7 Maintenance of all common areas shall be the responsibility of the Bellabrook Home Owners' Association. Exhibit B - Page 1 CITY OF MERIDIAN PLAN*DEPARTMENT STAFF REPORT FOR THE HEARINNAITE OF SEPTEMBER 19, 2006 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 ilTigation/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. 1.1.9 Underground, pressurized irrigation must be provided to all lots within this development. 1.2 GENERAL REQUIREMENTS—PRELIMINARY PLAT (PP -06-038) 1.2.1 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application(s). 1.2.2 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.2.3 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 1.2.4 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.2.5 Staff's failure to cite specific ordinance provisions or terms of the approved annexation and conditional use does not relieve the applicant of responsibility for compliance. 1.2.6 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. Public Works Department 2.1 Sanitary sewer service to this development is being proposed via extension of mains in Locust Grove Road. The applicant shall install all mains to and through this development; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in Locust Grove Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 Any buildable lot encumbered by the AE floodplain shown on the preliminary plat shall provide Base Flood Elevation Certification prior to issuance of a building permit. Exhibit B — Page 2 CITY OF MERIDIAN PLDEPARTMENT STAFF REPORT FOR THE HEARINGffATE OF SEPTEMBER 19, 2006 2.4 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. 2.5 The applicant shall provide a 20 -foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.6 The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. If it is to be owned and maintained by an Irrigation District then a letter of plan approval shall be submitted prior to scheduling of a pre -construction meeting. 2.7 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.8 All existing structures not meeting setbacks or the dimensional standards of the UDC shall be removed prior to signature on the final plat by the City Engineer. 2.9 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. 2.10 Any meter tiles located in common driveways shall be upgraded to traffic rated materials per City of Meridian Standard Specifications. 2.11 With the final plat the applicant shall dedicate 5 -feet of public utility, drainage and irrigation easement along interior lot lines. 2.12 As proposed, 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. 2.13 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. 2.14 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being subdivided shall be 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. 2.15 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. 2.16 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 Exhibit B — Page 3 CITY OF MERIDIAN PDEPARTMENT STAFF REPORT FOR THE HEARINC4aATE OF SEPTEMBER 19, 2006 signature on the final plat. 2.17 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. 2.18 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. 2.19 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.20 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.21 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.22 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. 2.23 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. 2.24 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. 2.25 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. Height for 100 watt fixtures is 25 -feet, height for 250 watt fixtures is 30 -feet. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. Fire Department 3.1 One and two family dwellings will require a fire -flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %" 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. Exhibit B — Page 4 CITY OF MERIDIAN PLANN41DEPARTMENT STAFF REPORT FOR THE HEARINSTE OF SEPTEMBER 19, 2006 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 tum around. 3.5 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. (Note: No parking will be allowed on cul-de-sacs. Said area shall be signed "No Parking" in accordance with Appendix D Section D103.6 Signs.) 3.6 Provide a 20 -foot wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.7 AA1 eemmen dTiveways shall be straight or- have a tuffdag mdius of 28' inside and 48' mAside 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 Building setbacks shall be per the International Building Code for one and two story construction. 3.10 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 3.11 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3.12 Provide a Knox box entry system for the complex prior to occupancy. 3.13 The first digit of the Apartment/Office Suite shall correspond to the floor level. 3.14 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. 3.15 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). Exhibit B — Page 5 CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HEARINVATE OF SEPTEMBER 19, 2006 4. Police Department 4.1 The Police Department has no concerns related to the site design submitted with the application. 5. Parks Department 5.1 Pathway and Trail standards: The proposed pathway and/or trail shall be constructed in accordance with the Meridian Park Department's requirements. 5.2 Standard for City to assume Maintenance of a section of Pathway: The pathway must connect from one major arterial to another, and either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. 5.3 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 5.4 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 6. Sanitary Service Company 6.1 SSC has no comments related to this application. 7. Ada County Highway District Site Specific Conditions ofAp�roval Construct the site's internal streets as 34 -foot street sections with rolled curb, gutter and 5 -foot concrete sidewalks within 42 -feet of right-of-way; and provide an easement for any sidewalk improvements located outside of the right-of-way. 2. Construct the center island on Kalispell Drive with a minimum 21 -foot street section on either side, in compliance with District policy requirements. 3. Construct a knuckle without an island at the southwest corner of the intersection of E. Bellalucca Street and S.Truss Avenue, as proposed. 4. Construct Kalispell Drive in alignment with the existing access on the west side of Locust Grove Road, as proposed. Close any unused access to Locust Grove Road not specifically approved with this application to match existing improvements. 6. No cuts are allowed to Locust Grove Road until March, 2010. 7. Obtain District approval and any applicable license agreements for the use of the supporting slope abutting the right-of-way on Locust Grove. Extend the right-of-way for S. Torino Avenue to the east property line to provide future connectivity to the adjacent parcel, noted on the final plat. Exhibit B — Page 6 CITY OF MERIDIAN PDEPARTMENT STAFF REPORT FOR THE HEARINQ'17ATE OF SEPTEMBER 19, 2006 9. Comply with all Standard Conditions of Approval. Standard Conditions oLApYp oval Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. Private sewer or water systems are prohibited from being located within any ACRD roadway or right-of-way. 3. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 5. Comply with the District's Tree Planter Width Interim Policy. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 8. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 10. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 11. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 12. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 13. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless Exhibit B — Page 7 CITY OF MERIDIAN PLANN@DEPARTMENT STAFF REPORT FOR THE HEARINGaATE OF SEPTEMBER 19, 2006 a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. Central District Health Department 8.1 After written approval from appropriate entities is submitted, we can approve this proposal for central sewage and central water. 8.2 The following plans must be submitted to and approved by the Idaho Department of Health & welfare, Division of Environmental Quality: central sewage and central water. 8.3 Run-off is not to create a mosquito -breeding problem. Exhibit B - Page 8 CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HEARINGOTE OF SEPTEMBER 19, 2006 C. Legal Description Le ZADescription Bellabrook Subdivision -Annexation A parcel of land located in the NW % of the NW Y,, of Section 17, Township 3 North, Range 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 : of the NW % from which a brass cap monument marking the southwest comer of the NW '/, of said Section 17 bears S 0"31'43" W a distance of 2658.74 feet; Thence S 0°31'43" W along the westerly boundary of said NW % of the NW % a distance of 890.67 feet to the POINT OF BEGINNING; Thence leaving said westerly boundary S 89057'19" 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 567.77 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 :; 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, 2006 a--jiblutions �.m swwriq.", Exhibit C — Page 1 RE11HjAY A PRO L BY �� \ MAY 19 2006 MytIDIANPUB WORKS DEPT' Bellabrook Subdivision Job No. 06-38 CITY OF MERIDIAN PDEPARTMENT STAFF REPORT FOR THE HEARINSTE OF SEPTEMBER 19, 2006 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 LP&F NST NO. 104161985 718 18 17 E. FRANKUN RD. b PONT OF C5 8£G/NN/NG h S 8937'19' E 992.94' 3 V h �N 4 a N 893937' W 567.77' o a a �941 AREA = 4.81 ACRES rn o nN m y N 893807` W 42518' N 1/16 19 w) fa 17 1/4 a"gr WST. NO. M513775 Exhibit C - Page 2 B E W APP`t0e_� MAY 19 2006 %1ERIDIAN PUBLIC WORKS DEPT. 0 100 200 400 Land Surveying and Consulting 231 E. 5TH ST STE A MERIDIAN, ID 83642 (208) 288-2040 1208) 288-2557 fax wwwdandsolutionsb@ CITY OF MERIDIAN PLANADEPARTMENT STAFF REPORT FOR THE HEARIATE OF SEPTEMBER 19, 2006 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to R-8. Council finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds that future development of this property will comply with the established regulations and purpose statement of the R-8 zone. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Commission and Council should rely on any oral or written testimony that may be provided when determining this fording. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation is in the best of interest of the City (UDC 11-511-3.E). The R-8 zoning amendment will provide lots that are similar in nature to existing subdivisions in the near vicinity, and transitions well to the existing rural lots in the vicinity. Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. This is a logical expansion of the City limits. In accordance with the findings listed above, Council fords that Annexation and Zoning of this property to R-8 would be in the best interest of the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; Council finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, and Analysis, Section 10 of the Staff Report. Exhibit D — Page 1 CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HEARINOTE OF SEPTEMBER 19, 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, ACHD, 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 staff is unaware. Exhibit D — Page 2 September 29, 2006 PP 06-038 MERIDIAN CITY COUNCIL MEETING October 3, 2006 APPLICANT JE Development, LLC ITEM NO. 5-G REQUEST Findings for Approval — Request for Preliminary Plat approval of 20 residential lots and 4 common lots on 4.38 acres in a proposed R-8 zone for Bellabrook Subdii,rision — 300 South Locust Grove Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Findings CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: _ p� ADA COUNTY HIGHWAY DISTRICT: V� SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the city of Meridian. • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER 0 In the Matter of Annexation and Zoning of 4.38 acres from RUT (Ada County) to R-8 (Medium Density Residential) AND Preliminary Plat approval for 20 single-family residential building lots and 5 common lots on 4.38 acres in a proposed R-8 zone, by JE Development, Inc. Case No(s). AZ -06-040 and PP -06-038 For the City Council Hearing Date of. September 19, 2006 (findings on October 3, 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 -06-040 and PP -06-038 • • 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 20a', 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 -06-040 and PP -06-038 0 • 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 -06-040 and PP -06-038 By action of the City Council at its regular meeting held on the 2006. 0 3 day of COUNCIL MEMBER SHAUN WARDLE VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED 44 w COUNCIL MEMBER KEITH BIRD VOTED TIE BREAKER MAYOR TAMMY de WEERD VOTED MAYOR T464W de WEERD ATTEST: ,°°°°°•�'� ,, B AL ILLIAM G. BERG, JR., Affrry LERI y rte. Copy served upon:✓ Applicant —� Planning Department'"��� Public Works Department �- City Attorney By: 1� City Clerk's Office Dated: O d' of -04 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-040 and PP -06-038 CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HEARING'ffATE OF SEPTEMBER 19, 2006 STAFF REPORT Hearing Date: 9/19/2006 ' 9/19/2006 TO: Mayor &City Council —�- FROM: Jenny Veatch_', aG Associate City Planner IDAHO .� Meridian Planning Department � g 208-884-5533 SUBJECT: Bellabrook Subdivision AZ -06-040 Annexation and Zoning of 4.38 acres from RUT (Ada County) to R-8 (Medium Density Residential). PP -06-038 Preliminary Plat approval of 20 single-family residential building lots and 5 common lots on 4.38 acres in a proposed R-8 zone, by JE Development, Inc. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, JE Development Inc., has applied for Annexation and Zoning (AZ) to R-8 (Medium Density Residential) for 4.38 acres of property currently zoned RUT in Ada County. The applicant is also asking for preliminary plat approval of 20 single family residential lots and 5 common lots on 4.38 acres. The site is located south of Franklin Road and east of Locust Grove Road. Currently, there is a single-family home and associated outbuilding on this site. The existing structures 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 Bellabrook Subdivision (AZ -06-040 and PP -06-038) with the conditions listed in Exhibit B of the Staff ReportThe Meridian Planning and Zoning Commission heard these items on August 3 2006 At the public hearing they moved to recommend approval. On September 19. 2006 the Meridian City Council voted to approve the subject applications. a. Summary of Public Hearing: i. In favor: Ross Erickson ii. In opposition: None iii. Commenting: Rod Cullip iv. Staff presenting application: Jenny Veatch v. Other staff commenting on application: Caleb Hood b. Key Issues of Discussion by Commission: i. Whether the proposed R-8 zoning makes a good transition from R-4 and the surrounding rural surrounding properties, when this property is shown as Mixed - Use on the Future Land Use Map; ii. Feasibility of building and maintaining a fence and micropath in a floodway; c. Key Commission Changes to Staff Recommendation: i. Delete condition of approval 3.7. regarding common driveways and turning radii. d. Outstanding Issue(s) for City Council: i. None Bellabrook Subdivision AZ-06-040/PP-06-038 PAGE 1 CITY OF MERIDIAN PLANNIODEPARTMENT STAFF REPORT FOR THE HEARINOATE 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 -040 and PP -06-038 as presented in staff report for the hearing date of September 19, 2006 with the following modifications: (Add any proposed modifications.) Recommend Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ - 06 -040 and PP -06-038 as presented during the public 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.) Continuance I move to continue File Numbers AZ -06-040 and PP -06-038 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: 300 S. Locust Grove Road; south of Franklin Road and east of Locust Grove Road in Section 17, Township 3 North, Range 1 East b. Owners: JE Development, LLC 1854 E. Lanark Street Meridian, ID 83642 c. Applicant: JE Development, Inc. 1854 E. Lanark Street Meridian, ID 83642 d. Representative: Ross Erickson, Erickson Civil, Inc. e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Designation: Mixed Use Community g. Description of Applicant's Request: The applicant is requesting concurrent approval for Annexation and Zoning of the subject 4.38 acres to R-8 and Preliminary Plat approval of 20 single-family buildable lots and 5 common lots. All of the homes within the development are proposed to be single-family detached, with 18 homes sharing common driveways. The average lot size in the proposed development is 4,961 square feet. The gross density of the project is 4.57 dwelling units per acre. Approximately 18.3 percent of the site is being set aside for useable open space. 1. Date of preliminary plat (attached in Exhibit A): July 20th, 2006 2. Date of landscape plan (attached in Exhibit A): July 20t', 2006 Bellabrook Subdivision AZ-06-040/PP-06-038 PAGE 2 CITY OF MERIDIAN PLANNIODEPARTMENT STAFF REPORT FOR THE HEARIATE OF SEPTEMBER 19, 2006 5. PROCESS FACTS a. The subject application will in fact constitute an annexation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. 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 17th and July 31 st, 2006 (for P & Z Commission hearing) and August 280' and September l lth, 2006 (for City Council hearing) d. Radius notices mailed to properties within 300 feet on: July 7th, 2006 (for P & Z Commission hearing) and August 25th, 2006 (for City Council hearing) e. Applicant posted notice on site by: July 24th, 2006 (for P & Z Commission hearing) and September 7th, 2006 (for City Council hearing) 6. LAND USE a. Existing Land Use(s): There is one single-family home and an associated outbuilding on this site. The existing structures are to be removed. b. Description of Character of Surrounding Area: This area contains a wide variety of uses in the city and a mix of rural parcels in Ada County. c. Adjacent Land Use and Zoning: 1. North: Commercial, zoned C -N and LDS Church, zoned RUT (Ada County). 2. East: 2 acre residential parcel and 3 acre parcel bare land, zoned R-1 (Ada County) 3. South: Woodbridge Subdivision, zoned R-4 4. West: Light Office (LO) and rural residential parcels. d. History of Previous Actions: None e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: This property is proposing to sewer to mains located in Locust Grove Road. Location of water: This property is proposing water service to mains located in Locust Grove Road. Issues or concerns: Flood plain on the back of this property. 2. Canals/Ditches Irrigation: There are a few irrigation ditches and drains that traverse through or adjacent to this site. All open irrigation ditches, laterals and canals, should be tiled when this property develops. 3. Hazards: AE flood plain along the eastern boundary of this site. 4. Proposed Zoning: 5. Size of Property: R-8 (Medium Density Residential) 4.38 acres Bellabrook Subdivision AZ-06-040/PP-06-038 PAGE 3 CrrY OF MERIDIAN P DEPARTMENT STAFF REPORT FOR THE HEARINQATE OF SEPTEMBER 19, 2006 f. Subdivision Plat Information: 1. Residential Lots: 20 2. Non-residential Lots: 0 3. Total Building Lots: 20 4. Common Lots: 5 5. Other Lots: 0 6. Total Lots: 25 7. Gross Density: 4.57 units per acre (net density is 6.02 d.u./acre) 8. Minimum House Size: Not provided g. Landscaping 1. Width of street buffer(s): 25 feet 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: 1.05 acres/24%, 0.80 acres/18.3% useable open space. 4. Other landscaping standards: UDC 11 -3A -8D requires pathways have easements at least fifteen feet (15') in width in accord with Section 11-3B-12 landscaping requirements of this Title. h. Amenities: Common lots with landscaping, and multi -use pathway. i. Off -Street Parking: UDC 4-3C-6 requires single-family detached dwellings to have 2 enclosed parking spaces (a garage) and a 20' x 20' parking pad in front of each garage. j. Proposed and Required Residential Standards: R-8 Setbacks (in feet) Proposed Required Front Living Area (to sidewalk) 15 15 Side Accessed Garage (to sidewalk) 20 20 Side 4 4 Rear 12 12 Frontage with shared driveway 40 40 Lot Size with shared driveway 4,000 4,000 k. Proposed and Required Non -Residential: N/A I. Summary of Proposed Streets and/or Access: The applicant is proposing to construct internal streets with 34 -foot wide street sections (measured back to back) with rolled curb, gutter and contain 5 -foot wide attached sidewalks. The applicant is also proposing to construct a center landscape island, with 21 -foot street sections on either side, near the intersection of Locust Grove Road and the proposed entry road E. Kalispell Drive. The proposed entry road will align with an access point to the west, across Locust Grove Road. There is one public street proposed to the east. The right-of-way for S. Torino Avenue will extend to the east Bellabrook Subdivision AZ-06-040/PP-06-038 PAGE 4 CITY OF MERIDIAN PLANS DEPARTMENT STAFF REPORT FOR THE HEART ATE OF SEPTEMBER 19, 2006 property line to provide future connectivity to the adjacent parcel. Staff is generally supportive of the proposed street system. ACHD has submitted comments and conditions for this project, which are included in Exhibit B. 7. COMMENTS MEETING On July 14, 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 "Mixed Use Community" on the Comprehensive Plan Future Land Use Map. Medium density residential areas are compatible with this designation and are anticipated to contain three to eight dwellings per acre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 20 single-family lots on 4.38 acres for a gross density of 4.57 dwelling units/acre. The proposed density complies with the anticipated density for this area. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): Chapter VII, Goal III, Objective A, Action 1 - Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner.- Sanitary anner.Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (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 3 - Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all Bellabrook Subdivision AZ-06-040/PP-06-038 PAGE 5 CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HEARINGRATE OF SEPTEMBER 19, 2006 land -use decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. The applicant is proposing a multi -use pathway that will connect to the future master pathway planned along Five Mile Creek. Staff believes that the subject applications comply with the policies listed in the literature noted above. Chapter VI, Goal II, Objective A, Action 6 - Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The submitted preliminary plat proposes to align an entry road, E. Kalispell Drive, with an existing access on the west side of Locust Grove Road. The applicant also proposes one public street to the parcel to the east zoned R-. The right-of-way for S. Torino Avenue will extend to the east property line to provide future connectivity to the adjacent parcel, which staff anticipates will develop in the near future. Staff believes that the applicant has done an adequate job of providing for future connectivity to the east and west. Chapter VI, Goal II, Objective A, Action 13 - Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. See analysis above. Chapter VII, Goal I, Objective D, Action 9 - Require new residential development to provide permanent perimeter fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. The applicant is proposing to construct a six-foot tall closed fence around the boundary of this development. There is existing fence from the LDS Church parcel and the parcel to the east. There should be no new 6 -foot solid fence constructed along the northeastern open space lot. Prior to house construction, fencing should be constructed around the perimeter of this site. See Analysis below and Exhibit B for more information. Chapter VI, Goal II, Objective A, Action 5 - Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. The applicant is proposing to construct five foot wide sidewalks attached to all of the proposed streets. These will provide internal access and to the property to the east. In addition, the applicant proposes a ten foot wide multi -use pathway along the Five Mile Creek, which will promote future connectivity to the future pathway system. 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. Bellabrook Subdivision AZ-06-040/PP-06-038 PAGE 6 CITY OF MERIDIAN PLANNIDEPARTMENT STAFF REPORT FOR THE HEARINGNATE OF SEPTEMBER 19, 2006 The applicant is proposing a residential zone. Staff finds that the proposed and existing mixed uses in the area 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. The applicant is proposing to construct a six-foot tall privacy around this development. The applicant is also proposing a large amount of open space on this site that is adjacent to the rural parcels to the northeast. The common open space lot should be left open. Most of the future and current development in the area and on the perimeter of the development is commercial or medium to low density residential. Staff recommends that the Commission and Council rely on any written or verbal testimony provided from neighbors when determining if additional screening or more transition in density is appropriate. 9. UNIFIED DEVELOPMENT CODE a. Schedule of Uses: Unified Development Code (UDC) 11-2-1 lists single-family detached homes as permitted uses in the R-8 zoning district. b. Purpose Statement of Zone: R-8 Medium Density Residential: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. c. General Standards: All of the proposed lots comply with the standard street frontage and lot size requirements of the R-8 zone established in the UDC. No dimensional modifications are being requested for the proposed development. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: 1. AZ Application: Based on the policies and goals contained in the Comprehensive Plan, staff believes that the requested R-8 zone is appropriate for this property. Please see Exhibit D for detailed analysis of the required facts and findings for annexation. The annexation legal description submitted with the application (stamped on May 11, 2006 by Clinton W. Hansen, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 2. PP Application: The proposed preliminary plat substantially complies with the Unified Development Code. Special Considerations: Density/Open Space: As noted previously in this report, this area is designated for mixed-use community. Medium density residential is allowed and defined as up to eight dwelling units per acre. The submitted plat has a gross density of 4.57 dwelling units per acre, and a net density of 6.02 dwelling units per acre. There are existing rural lots to the east and west of this site. Bellabrook Subdivision AZ-06-040/PP-06-038 PAGE 7 o CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HEARING �ATE OF SEPTEMBER 19, 2006 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. The applicant proposes to provide a total of 22.7% open space. The common lot and multiuse pathway as designed by the applicant meet the open space requirement. Landscaping_ The landscape plan prepared by Erickson Civil, Inc., on July 20th, 2006, is approved with the following modifications/notes: • Per UDC 11 -3G -3A, set aside at least 18.3% (0.80 acres) of the site for useable open space, as proposed. • Per UDC 11 -3G -3E1, at least one deciduous shade tree per every 8,000 square feet of common open space should be planted, and common areas should be improved with lawn, either seed or sod. • Per UDC 11-313-10, the applicant should work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). Stub Streets: The applicant should be required to align E. Kalispell Drive with the access road to the west across Locust Grove Road and extend the right-of-way for S. Torino Avenue to the east property line to provide future connectivity to the adjacent parcel east as proposed. Existing Residences/Buildings: The site currently contains a home and accessory buildings. All existing buildings shall be removed as proposed. Fencing: The applicant is proposing to construct 6 -foot solid fencing along the entire perimeter of the site. 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 (6 -foot solid fencing is not allowed around open space or micro -paths). Common Areas: Maintenance of all common areas shall be the responsibility of the Bellabrook 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. Bellabrook Subdivision AZ-06-040/PP-06-038 PAGE 8 CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HEARINGOATE OF SEPTEMBER 19, 2006 b. Staff Recommendation: Staff recommends approval of the subject applications AZ -06- 040 and PP -06-038 with the conditions listed in Exhibit B of the Staff Report for the hearing date of September 19, 2006. The Meridian Planning and Zoning Commission heard these items on August 3 2006 At the public hearing they moved to recommend approval On September 19, 2006, the Meridian City Council voted to approve the subiect applications. 11. EDITS A. Drawings 1. Preliminary Plat (dated: 7/20/06) 2. Landscape Plan (dated: 7/20/06) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Central District Health Department C. Legal Description D. Required Findings from Unified Development Code Bellabrook Subdivision AZ-06-040/PP-06-038 PAGE 9 CITY OF MERIDIAN PLANNINGDEPARTMENTSTAFF REPORT FOR THE HEARINGOATE OF SEPTEMBER 19, 2006 A. Drawings 1. Preliminary Plat (dated: 7/20/06) R 16 I ff—Wm o Ar K -Z M, 4- W 4 M > ,U;u 0 M r mvz 0 Z > 0;0 KN'D M r - M > ;u -1 550 Z pj 0>. -jr 0 a X ozo Co z AT :< L,) C D�< ZM C) 0 X z z 0 M M Exhibit A — Page 1 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARINARTE OF SEPTEMBER 19, 2006 Landscape Plan (dated 7/20/06) vt I 6 Exhibit A — Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING ITATE OF SEPTEMBER 19, 2006 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIREMENTS—PRELIMINARY PLAT (PP -06-038) 1.1.1 The preliminary plat labeled as PP -1, prepared by Erickson Civil, Inc., dated July 20, 2006 is approved, with the conditions listed herein. All comments and conditions of the accompanying Annexation and Zoning (AZ -06-040) application shall also be considered conditions of the Preliminary Plat (PP -06-038) 1.1.2 The landscape plan prepared by Erickson Civil, Inc., on July 20, 2006, is approved with the following modifications/notes: • Per UDC 11 -3G -3A, set aside at least 24% (1.05%) open space of which 18.3% (0.80 acres) of the site will be for useable open space, as proposed. • Per UDC 11 -3G -3E1, at least one deciduous shade tree per every 8,000 square feet of common open space should be planted, and common areas should be improved with lawn, either seed or sod. • Per UDC 11-313-10, the applicant should work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. 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 west and extend the right-of-way for S. Torino Avenue to the east property line as proposed. 1.1.4 Construct a 10 -foot multi -use pathway along Five Mile Creek as proposed. 1.1.5 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 6 -foot tall solid fence around the perimeter of the development, except at the northeastern common lot. (There is existing fence from the LDS Church parcel and the parcel to the east, but no new 6 -foot solid fence should be constructed along the northeastern open space lot.) A detailed fencing plan shall be submitted upon application of the final plat. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro - path fencing shall be designed according to UDC 11-3A-7. 1.1.7 Maintenance of all common areas shall be the responsibility of the Bellabrook Home Owners' Association. Exhibit B — Page 1 CrrY OF MERIDIAN PLANNDEPARTMENT STAFF REPORT FOR THE HEARINGaATE OF SEPTEMBER 19, 2006 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. 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. 1.1.9 Underground, pressurized irrigation must be provided to all lots within this development. 1.2 GENERAL REQUIREMENTS—PRELIMINARY PLAT (PP -06-038) 1.2.1 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application(s). 1.2.2 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.2.3 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 1.2.4 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.2.5 Staff's failure to cite specific ordinance provisions or terms of the approved annexation and conditional use does not relieve the applicant of responsibility for compliance. 1.2.6 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. Public Works Department 2.1 Sanitary sewer service to this development is being proposed via extension of mains in Locust Grove Road. The applicant shall install all mains to and through this development; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in Locust Grove Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 Any buildable lot encumbered by the AE floodplain shown on the preliminary plat shall provide Base Flood Elevation Certification prior to issuance of a building permit. Exhibit B — Page 2 CITY OF MERIDIAN PLANK• EPARTMENT STAFF REPORT FOR THE HEARINGITE OF SEPTEMBER 19, 2006 2.4 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.5 The applicant shall provide a 20 -foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.6 The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. If it is to be owned and maintained by an Irrigation District then a letter of plan approval shall be submitted prior to scheduling of a pre -construction meeting. 2.7 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.8 All existing structures not meeting setbacks or the dimensional standards of the UDC shall be removed prior to signature on the final plat by the City Engineer. 2.9 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. 2.10 Any meter tiles located in common driveways shall be upgraded to traffic rated materials per City of Meridian Standard Specifications. 2.11 With the final plat the applicant shall dedicate 5 -feet of public utility, drainage and irrigation easement along interior lot lines. 2.12 As proposed, 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. 2.13 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. 2.14 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being subdivided shall be 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. 2.15 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. 2.16 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 Exhibit B — Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARINSTE OF SEPTEMBER 19, 2006 signature on the final plat. 2.17 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. 2.18 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. 2.19 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.20 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.21 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.22 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. 2.23 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. 2.24 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. 2.25 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. Height for 100 watt fixtures is 25 -feet, height for 250 watt fixtures is 30 -feet. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. Fire Department 3.1 One and two family dwellings will require a fire -flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %" 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. Exhibit B — Page 4 CITY OF MERIDIAN PLANAEPARTMENT STAFF REPORT FOR THE HEARINGINTE OF SEPTEMBER 19, 2006 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. (Note: No parking will be allowed on cul-de-sacs. Said area shall be signed "No Parking" in accordance with Appendix D Section D103.6 Signs.) 3.6 Provide a 20 -foot wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.7 All eenunaa d6veways shall be s#aight or- have a 4H%ing radius ef 28' inside and 4 8' outside 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 Building setbacks shall be per the International Building Code for one and two story construction. 3.10 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 3.11 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3.12 Provide a Knox box entry system for the complex prior to occupancy. 3.13 The first digit of the Apartment/Office Suite shall correspond to the floor level. 3.14 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. 3.15 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). Exhibit B — Page 5 CITY OF MERIDIAN PLANING STAFF REPORT FOR THE HEARINGINTE OF SEPTEMBER 19, 2006 4. Police Department 4.1 The Police Department has no concerns related to the site design submitted with the application. 5. Parks Department 5.1 Pathway and Trail standards: The proposed pathway and/or trail shall be constructed in accordance with the Meridian Park Department's requirements. 5.2 Standard for City to assume Maintenance of a section of Pathway: The pathway must connect from one major arterial to another, and either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. 5.3 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 5.4 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 6. Sanitary Service Company 6.1 SSC has no comments related to this application. 7. Ada County Highway District Site Specific Conditions ofApproval 1. Construct the site's internal streets as 34 -foot street sections with rolled curb, gutter and 5 -foot concrete sidewalks within 42 -feet of right-of-way; and provide an easement for any sidewalk improvements located outside of the right-of-way. 2. Construct the center island on Kalispell Drive with a minimum 21 -foot street section on either side, in compliance with District policy requirements. 3. Construct a knuckle without an island at the southwest corner of the intersection of E. Bellalucca Street and S.Truss Avenue, as proposed. 4. Construct Kalispell Drive in alignment with the existing access on the west side of Locust Grove Road, as proposed. 5. Close any unused access to Locust Grove Road not specifically approved with this application to match existing improvements. 6. No cuts are allowed to Locust Grove Road until March, 2010. 7. Obtain District approval and any applicable license agreements for the use of the supporting slope abutting the right-of-way on Locust Grove. 8. Extend the right-of-way for S. Torino Avenue to the east property line to provide future connectivity to the adjacent parcel, noted on the final plat. Exhibit B — Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARINRTE OF SEPTEMBER 19, 2006 9. Comply with all Standard Conditions of Approval. Standard Conditions oLApYp oval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 3. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. Comply with the District's Tree Planter Width Interim Policy. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 8. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 10. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 11. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLM (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 12. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 13. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless Exhibit B — Page 7 CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HEARINGIRTE OF SEPTEMBER 19, 2006 a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. Central District Health Department 8.1 After written approval from appropriate entities is submitted, we can approve this proposal for central sewage and central water. 8.2 The following plans must be submitted to and approved by the Idaho Department of Health & welfare, Division of Environmental Quality: central sewage and central water. 8.3 Run-off is not to create a mosquito -breeding problem. Exhibit B — Page 8 CITY OF MERIDIAN PLANNDEPARTMENT STAFF REPORT FOR THE HEARINOTE OF SEPTEMBER 19 2006 C. Legal Description Legal Descri tion Sellabrook Subdivision -Annexation A parcel of land located in the NW Y4 of the NW '/, of Section 17, Township 3 North, Range 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 % of the NW % from which a brass cap monument marking the southwest comer of the NW % of said Section 17 bears S 0°31'43" W a distance of 2658.74 feet; Thence S 0°31'43" W along the westerly boundary of said NW % of the NW % a distance of 890.67 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°29113" W a distance of 77.52 feet to a % inch diameter iron pin; Thence N 89°59'37" W a distance of 567.77 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%; 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 ions, PC May 11, 2006 otutjions e,"a wn�rq.�e ca,e,d„ Exhibit C — Page 1 REVI A PRO J ev MAY 1 2tl[i6 WORKS OrrPT- Bellabrook Subdivision Job No. 06-38 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARINGaATE OF SEPTEMBER 19, 2006 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 1.&- NST NO. 104167965 7 B !6 77 E. FRANKLIN RD. b PONT OF C5 BEG/NN/NG h S 893719' £ 992.94' h O �O N 89 39 17' W 567.77' h a 41AREA = 4.81 ACRES rn 0 0 e2 z o m v� N 893807' W 425.18' Wi o "^ p h 2 l6 !r 1/4 al& wsr. Na 10513775 Exhibit C - Page 2 RE NI APP�tOCJF— BY MAY 19 2006 MERIDIAN PUBLIC WORKS DEPT. 0 100 200 400 Lam2SurveyingLand and Consulting 231 E STH ST_ STE A MERIDIAN, ID 83642 (208) 288-2040 1208) 288.2557 fax wwwJandsoludonsb1z CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARINGOTE OF SEPTEMBER 19, 2006 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to R-8. Council finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds that future development of this property will comply with the established regulations and purpose statement of the R-8 zone. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. 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-8 zoning amendment will provide lots that are similar in nature to existing subdivisions in the near vicinity, and transitions well to the existing rural lots in the vicinity. Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. This is a logical expansion of the City limits. In accordance with the findings listed above, Council finds that Annexation and Zoning of this property to R-8 would be in the best interest of the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; Council finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, and Analysis, Section 10 of the Staff Report. Exhibit D — Page I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19 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, ACHD, 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 staff is unaware. Exhibit D — Page 2 n u September 29, 2006 MERIDIAN CITY COUNCIL MEETING October 3, 2006 n u GII1L111kT.1 APPLICANT Majestic, Inc. ITEM NO. 5-H REQUEST Findings for Approval — Request for Annexation and Zoning of 10.94 acres from RUT to R-4 zones for Bitterbrush Point Subdivlsion — east of Meridian Raod and north of Victory Road 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: Materials presented at public meetings dwil become properly of the City of Meridian. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER 0 In the Matter of Annexation and Zoning of 10.94 acres from RUT to R4 AND Preliminary Plat Approval for 27 single family residential lots and 4 common lots on 10.94 acres, for Bitterbrush Point Subdivision, by Majestic, Inc. Case No(s). AZ -06-036, PP -06-034 For the City Council Hearing Date of. September 19, 2006 (Findings approved on October 3, 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 -06-036 and PP -06-034 (PAGE 1 of 4) • • 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of 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 March 2006, is hereby conditionally approved; and, 2. The applicant shall extend the micropathway across the Kennedy Lateral to the subdivision boundary to provide a useable pedestrian connection to the Mussell Corner Commercial Subdivision. 3. 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-036 and PP -06-034 (PAGE 2 of 4) 9 • Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty- eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of September 19, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-036 and PP -06-034 (PAGE 3 of 4) 0 By action of the City Council at its regular meeting held on the day of 2 , 2006. COUNCIL MEMBER SHAUN WARDLE VOTED COUNCIL MEMBER JOE BORTON VOTED__01�� COUNCIL MEMBER CHARLIE ROUNTREE VOTED_6&w COUNCIL MEMBER KEITH BIRD VOTED -kms TIE BREAKER MAYOR TAMMY de WEERD VOTED MAYO TIIde WEERD 111f1�� ATTEST: WILLIAM G. BERG, JR., C CLERK BEAL Copy served upon: V/ Applicant --�` Planning Dep' rrnrr —:�Zlcr ublhc Works Departiiient ity Attorney By: Dated: MCIerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-036 and PP -06-034 (PAGE 4 of 4) CITY OF MERIDIAN PLANNAPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19, 2006 STAFF REPORT TO: FROM: SUBJECT: Hearing Date: 9/19/2006 Mayor & City Council Amanda Hess Meridian Planning Department Bitterbrush Point Subdivision • AZ -06-036 Annexation and Zoning of 10.94 acres from RUT (Ada County) to R-4 (Medium Low - Density Residential) zone • PP -06-034 Preliminary Plat of 27 single-family building lots and 4 common lots on 10.94 acres in a proposed R-4 zone 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Majestic, Inc., has applied for Annexation and Zoning (AZ) of 10.94 acres from RUT (Ada County) to R-4 (Medium Low -Density Residential) and Preliminary Plat approval of 27 single family residential lots and 4 common lots for Bitterbrush Point Subdivision. The site has not been previously platted. The site is located approximately % mile northeast of the Meridian Road / Victory Road intersection in Section 19, Township 3 North, Range 1 East, B.M., and is currently referenced as Assessor's Parcel Number S 1119336100. 2. SUMMARY RECOMMENDATION The subject applications (AZ -06-036 and PP -06-34) were submitted to the Planning Department for concurrent review. Staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation and Zoning and Preliminary Plat applications. The Meridian Planning and Zoning Commission heard the item on August 3. 2006. At the Dublic hearing thev moved to recommend aDDroval to the Citv Council. On September 19, 2006, City Council approved the subiect applications. a. Summary of Commission Public Hearing: i. In favor: Richard Beck (Applicant); Mark Canfield (Developer) ii. In opposition: B.J. Alloway; Christine Helk; Mike Hart; Judy Hart iii. Commenting: Jim Rosette iv. Staff presenting application: Amanda Hess v. Other staff commenting on application: Mike Cole b. Key Issues of Discussion by Commission: i. No limitation on housing orientation. c. Key Commission Changes to Staff Recommendation: i. Applicant shall install a temporary peak flow storage system. ii. Current access from Meridian Road shall be utilized as temporary construction access (if allowed by TTD). d. Outstanding Issue(s) for City Council: i. None. 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ -06-036 and PP -06-034 as presented in the staff report for the hearing date of September 19, 2006, with the Bitterbrush Point Subdivision AZ -06-034, PP -06-036 PAGE 1 CITY OF MERIDIAN PLANNINPEPARTMENT STAFF REPORT FOR THE HEAG DATE OF SEPTEMBER 19, 2006 following modifications to the conditions of approval: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ -06-036 and PP -06-034 as presented during the hearing on September 19, 2006, for the following reasons: (State specific reasons for denial of the annexation and/or preliminary plat request.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers AZ -06-036 and PP -06-034 to the hearing date of (insert continued hearing date here) for the following reason(s): (State specific reason(s) for a continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: East of Meridian Road and North of Victory Road Section 19, T3N, RIE b. Applicant / Owner: Majestic, Inc. 2000 E. Overland Rd. Meridian, ID 83642 c. Representative: Shawn Nickel, SLN Planning, Inc. d. Present Zoning: RUT (Ada County) e. Present Comprehensive Plan Designation: Low Density Residential f. Description of Applicant's Request: 1. Date of Preliminary Plat (attached in Exhibit A): March, 2006 2. Date of Landscape Plan (attached in Exhibit A): May 9, 2006 g. Applicant's Statement/Justification: The proposed overall density (2.5 dwellings per acre) of the project complies with the City's designation of Medium Low -Density Residential R-4 which allows for densities of up to 4 dwellings per acre. The subdivision will provide landscaped open spaces and a mix of lot sizes ranging from 9,600 sq. ft. to 25,200 sq. ft. 5. PROCESS FACTS a. The subject application will, in fact, constitute an annexation and/or rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, 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, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: July 17 and July 31, 2006 (Planning Commission); August 28 and September 11, 2006 (City Council) d. Radius notices mailed to properties within 300 feet on: July 7, 2006 (Planning Commission); August 25, 2006 (City Council) e. Applicant posted notice on site by: July 24, 2006 (Planning Commission); Bitterbrush Point Subdivision AZ -06-034, PP -06-036 PAGE 2 CITY OF MERIDIAN PLANNAPARTMENT STAFF REPORT FOR THE HEAPG DATE OF SEPTEMBER 19, 2006 September 9, 2006 (City Council) 6. LAND USE a. Existing Land Use(s): Vacant land. b. Description of Character of Surrounding Area: A mix of single family residential; commercial enterprises, including an existing plant nursery. c. Adjacent Land Use and Zoning: 1. North: Residential, zoned RUT (Ada County). 2. East: Observation Point Subdivision, zoned R-4. 3. South / West: Mussell Comer Commercial Subdivision, zoned C -G. d. History of Previous Actions: N/A e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: Bitterbrush Point will connect to an existing sewer line in Meridian Road. Location of water: Bitterbrush Point will be serviced via extension of mains in E. Loggers Pass Street from Observation Point Subdivision. Issues or concerns: 1) The need for an off-peak pumping station; 2) Revise plat to include off site sewer main in common lot; and 3) The need for a sewer easement prior to construction plan approval. 2. Vegetation: N/A 3. Floodplain: N/A 4. Canals/Ditches/Irrigation: No major facilities; the Kennedy Lateral has been tiled adjacent to this site. 5. Hazards: N/A 6. Proposed Zoning: R-4 7. Size of Property:. 10.94 acres f. Subdivision Plat Information: 1. Residential Lots: 27 2. Non-residential Lots: 0 3. Total Building Lots: 27 4. Common Lots: 4 5. Other Lots: 0 6. Total Lots: 165 7. Open Lots: 0 8. Residential Area: 10.94 acres 9. Gross Density: 2.47 units per acre (3.07 net density) Bitterbrush Point Subdivision AZ -06-034, PP -06-036 PAGE 3 CITY OF MERIDIAN PLANNINOPARTMENT STAFF REPORT FOR THE HEAR DATE OF SEPTEMBER 19, 2006 10. Lot Sizes: Lot sizes range from approximately 9,600 square feet to 25,250 square feet. The average lot size is roughly 12,950 square feet. g. Landscaping: 1. Width of street buffer(s): N/A. All proposed streets are local residential streets. 2. Width of buffer(s) between land uses: N/A. A 25 -foot landscape buffer should be provided between the residential and commercial districts upon development of the commercial properties to the southwest 3. Percentage of site as open space: 0.81 acres (7.4%) 4. Other landscaping standards: Landscaping adjacent to micro -paths should comply with UDC 11-3B-12. h. Proposed and Required Non -Residential Setbacks: As per the R-4 zone for attached and detached single family dwellings. i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The sole access to the development will be from an existing stub street, E. Loggers Pass Street, provided from Observation Point Subdivision. Observation Point currently has approved direct access from Victory Road. Additionally, one stub street at the north property line will be constructed to provide connectivity to the County parcels when they redevelop. ACHD is supportive of the proposal as long as all Site Specific and General Requirements are met (see Exhibit B-7). 7. COMMENTS MEETING On July 14, 2006, Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. S. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain single family residences at densities up to three dwelling units per acre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 27 residential building lots on 10.94 acres for a gross density of 2.47 dwelling units/acre. The gross density is within the range outlined in the Comprehensive Plan, staff finds that the proposed development is in general compliance with the Comprehensive Plan. The following Comprehensive Plan policies apply to this application: • Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner.- Sanitary anner: Sanitary sewer and water service will be extended to the project at the developers expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriffs Office. Once annexed, the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. Bitterbrush Point Subdivision AZ -06-034, PP -06-036 PAGE 4 CITY OF MERIDIAN PLANNIIEPARTMENT STAFF REPORT FOR THE HEA*G DATE OF SEPTEMBER 19, 2006 The subject lands are currently serviced by the Meridian School District #2. This service will not change. The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee -supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter VI, Goal II, Objective A, Action 3 - Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land - use decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Staff believes that the subject applications comply with the policies listed in the literature noted above. Chapter VI, Goal II, Objective A, Action 5 - Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. Staff is supportive of the proposed pedestrian connection to the Mussell Corner Commercial Subdivision via theproposed micropath, as well as the stub street which will provide for pedestrian connectivity with the county parcels to the north upon their redevelopment. Chapter VII, Goal IV, Objective C, Action 1 - Protect existing residential properties from incompatible land use development on adjacent parcels. The applicant is proposing a residential zone. Staff finds that the developments to the north, northeast, and east are compatible with the proposal, the lot sizes blend well with that of Observation Point Subdivision, and that the existing residences to the north, currently zoned RUT, have also been buffered with appropriately sized lots. Chapter VII, Goal IV, Objective C, Action 10 - Support a variety of residential categories (low-, medium-, and high-density single family, multi -family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. The subject application includes a request for the R-4 zoning designation. The subject property is located adjacent to lands zoned R-4. Staff finds that the requested zoning designation is generally consistent with the Comprehensive Plan designation for this site. Chapter VI, Goal II, Objective A, Action 6 - Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. One stub street will provide cross -access with the properties to the north should a more dense development be proposed at said sites in the future. 9. ZONING ORDINANCE Bitterbrush Point Subdivision AZ -06-034, PP -06-036 PAGE 5 CITY OF MERIDIAN PLANNAPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19, 2006 a. Zoning Schedule of Use Control: UDC 11-2A-2 lists single-family developments as a Permitted Use in the R-8 zone. b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation ANNEXATION ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Unified Development Code, staff believes that this is a good location for the proposed single-family development. Please see Exhibit D for detailed analysis of the required facts and findings for annexation. The annexation legal description submitted with the application (prepared on May 1, 2006, by James R. Washburn, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. PRELEVIINARY PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposal with the Unified Development Code, staff believes that this is a good location for the proposed single-family residential development. Please see Exhibit D for detailed analysis of facts and findings for a preliminary plat. 1. Access: Residents will enter Observation Point Subdivision via Victory Road and head northwest along E. Observation Drive, north along S. Andros Way, and then west on E. Loggers Pass Street to access Bitterbrush Point Subdivision. E. Loggers Pass Street is currently a 36' -wide stub street provided by Observation Point and will serve as the sole access to the 27 homes within the proposed subdivision. 2. Internal Streets: Internal streets sections are proposed to be at least 34 -feet wide with 5 -foot wide attached sidewalks. Cul-de-sacs are proposed with a turning radius of 29.5' inside and 45' outside. The proposed design of the cul-de-sacs does not meet the Fire Department's requirements for access The Fire Department requires all cul-de-sacs to have a turning radius of 28' inside and 48' outside radius. Additionally, the proposal does not meet ACHD's road design standards ACHD requires 36 - foot street sections. with 50 feet of right-of-way and curb gutter, and 5 -foot attached concrete sidewalk. 3. Parking: No on -street parking shall be allowed within the cul-de-sacs. Vehicles shall be parked in garages, driveways, or along public roads with the subdivision, but not within cul-de-sacs. The cul- de-sacs shall be signed as "No Parking" as per the Meridian Fire Department's comments. 4. House Orientation: Staff has concerns about the orientation of homes on several of the lots within the proposed subdivision. Upon examination of a plat, the configuration of like yards should match, i.e. a side yard should abut a side yard. Therefore, staff recommends that the orientation of the homes on the flag lots and Block 1 be restricted as follows: the home on Lot 1, Block 1, should be oriented to the southwest; the homes on Lots 24, Block 1, should be oriented to the north; the homes on Lots 5 & 6, Block 1, should be oriented to the east; the homes on Lot 3, Block should be oriented to the northeast, in a similar manner to Lots 5-12, Block 2; and the home on Lot 14, Block 2, should be oriented to the south, to match the yards of Lots 15-20, Block 2. Bitterbrush Point Subdivision AZ -06-034, PP -06-036 PAGE 6 CITY OF MERIDIAN PLANNINPARTMENT STAFF REPORT FOR THE HEARIIQG DATE OF SEPTEMBER 19, 2006 5. Common Areas / Open Space: The applicant has provided 0.81 acres (7.4%) of landscaped open space, meeting the 5% minimum required by UDC 11 -3G -3A-1. The majority of the open space is passive in nature and provided in the form of landscaping within the Kennedy Lateral canal easement. The applicant is also proposing some open space/common areas in the center of the cul-de-sacs, and within one micropath lot. All common areas approved as open space shall be vegetated and usable by residents. Maintenance of all common areas shall be the responsibility of the Bitterbrush Point Homeowners Association. 6. Micro ap ths: One micropath connection is proposed to the Mussell Corner Development to the southwest. As the Kennedy Lateral is currently piped is this location, this will provide for good pedestrian access from the residential development to the commercial development to the southwest. All micro -paths shall be constructed in accordance with UDC 11-3A-8. Landscaping adjacent to all micro -paths should comply with UDC 11-3B. 7. Landscaping Islands: The Public Works Department does not allow manholes or water valves in landscape islands. Water mains and / or sewer mains shall be routed around the landscape islands to accommodate the proposed landscaping. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9- 1-28. 9. Fencing: Excepting where fencing currently exists along the northern and eastern boundaries, perimeter fencing is not shown on the submitted landscape plan or preliminary plat. At the public hearing, the applicant should state whether or not permanent fencing is proposed around the development. The applicant should submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All perimeter fencing must be completed prior to issuance of building permits. Fencing should taper down to a 3 foot maximum within 20 feet of all rights-of-way. Fencing adjacent to all micropaths is also required, and is shown on the landscape plan. All fencing shall be installed in accordance with UDC 11-3A-7. 10. Ditches, Laterals, and Canals: As per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided shall be covered. 11. Tree Mitigation: Any existing, on-site 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 those removed. Required landscaping trees will not be considered as replacement trees for those that are removed. The applicant should coordinate a mitigation plan with Elroy Huff at the Meridian Parks Department. b. Staff Recommendation: Based on the above analysis, staff finds that applications AZ -06-036 and PP -06- 034 substantially conform to the Comprehensive Plan policies and UDC standards. Staff recommends approval of said AZ and PP applications subject to the conditions listed in Exhibit B. On August 3, 2006, Bitterbrush Point Subdivision AZ -06-034, PP -06-036 PAGE 7 CITY OF MERIDIAN PLANNINNEPARTMENT STAFF REPORT FOR THE HEAG DATE OF SEPTEMBER 19, 2006 the Meridian Planning and Zoning Commission voted to recommend approval of the subject applications On September 19, 2006, the City Council approved the subiect applications 11. EDITS A. Drawings 1. Vicinity Map 2. Preliminary Plat (Dated: March 2006) 3. Landscape Plan (Dated: May 1, 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 C. Legal Description D. Required Findings from Zoning Ordinance Bitterbrush Point Subdivision AZ -06-034, PP -06-036 PAGE 8 CITY OF MERIDIAN PLANNII�EPARTMENT STAFF REPORT FOR THE HE*G DATE OF SEPTEMBER 19, 2006 A. Drawings 1. Vicinity Map Exhibit A CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HE*G DATE OF SEPTEMBER 19, 2006 2. Preliminary Plat (Dated: March 2006) Exhibit A CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HE%G DATE OF SEPTEMBER 19, 2006 3. Landscape Plan (Dated: May 1, 2006) Exhibit A Fill 919�i s-4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HAG DATE OF SEPTEMBER 19, 2006 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 ANNEXATION COMMENTS 1.1.1 The annexation legal description submitted with the application (dated May 1, 2006, stamped by James R. Washburn, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 1.1.2 Any future subdivision, uses, and construction on this property shall comply with the City of Meridian ordinances in effect at the time of submittal. 1.2 SITE SPECIFIC REQUIREMENTS—PRELIMINARY PLAT 1.2.1 The preliminary plat labeled as Sheet 1, prepared by Engineering NorthWest, LLC, dated March 2006, is approved, with the conditions listed herein. All comments and provisions of the accompanying Annexation and Zoning application (AZ -06-036) and any future development agreement shall also be considered conditions of the Preliminary Plat (PP -06-034). 1.2.2 The landscape plan prepared by The Land Group, Inc., on May 1, 2006, and labeled Sheet L1.0 is approved with the following modifications/notes: • Provide 0.81 acres (7.4% of the site) for common open space. • The micropath connection, otherwise known as Lot 11, Block 2, of the Bitterbrush Point Subdivision, sha14 be eseastfueted as shewn en the landseap shall be extended across the Kennedv Lateral to the subdivision boundary to provide a useable pedestrian connection to the Mussell Corner Commercial Subdivision. Also provide landscaping adjacent to the micropath in accordance with UDC I1-313-12. Provide fencing adjacent to micro -paths as required by UDC 11 -3A -7A -7a. • Provide landscaping within the cul-de-sac islands, as proposed. • Coordinate a tree mitigation plan with Elroy Huff of the Meridian Parks Department. • A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Council signature of the Final Plat. The landscape plan is not to be altered without approval of the Planning and Zoning Department. No field changes to the landscape plan are permitted. All standards of installation shall apply as listed in UDC 11-3B-14. Submit a landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). 1.2.3 Provide a stub street to Edmonds Subdivision (Ada County) to the north, as depicted on the preliminary plat. 1.2.4 Re -design the cul-de-sacs to meet the Meridian Fire Department's requirement of 28' inside / 48'outside turning radius, while still maintaining the integrity / intent of the landscape islands. No parking signs shall be installed around the cul-de-sacs. 1.2.5 Dedicate and construct all internal roadways as 34- and 36 -foot street sections, with 50 feet of right-of-way, with curb, gutter and 5 -foot attached concrete sidewalk to meet ACHD's road design standards. 1.2.6 The heme on Let 1, Bleek 1, shag be oriented to the southwest; the heines en Lots 2 4, gleek , east; home on Let 3,131eek 2, sh" be oriented to the ae#theast, in a mafiaeF similar- to thm of Lots 512, Bleek 2; and, the home on Lot 14, Bleek 2, shaU be oriented te the . Exhibit B CITY OF MERIDIAN PLA DEPARTMENT STAFF REPORT FOR THE HEA*G DATE OF SEPTEMBER 19, 2006 1.2.7 If approved by the Idaho Transportation Department (ITD), the current road access to the subject property from Meridian Road shall be utilized as a tem oorrM construction access in order to minimize travel through Observation Point Subdivision. 1.2.8 All homes within the subdivision shall contain at least 1,400 square feet of living area, exclusive of garages. 1.2.9 All lot lines common to a public right-of-way shall reserve a 10' utility easement. 1.2.10 Maintenance of all common areas shall be the responsibility of the Bitterbrush Point Subdivision Homeowners Association. 1.2.11 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. 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. 1.3 GENERAL REQUIREMENTS—PRELIMINARY PLAT 1.3.1 Sidewalks/walkways shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.3.2 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.3.3 The applicant has indicated that the Nampa / Meridian Irrigation District will own and operate the pressurized irrigation system within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 1.3.4 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. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. 1.3.5 The applicant shall submit a fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences shall taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing should be installed in accordance with UDC 11-3A-7. 1.3.6 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.3.7 Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.3.8 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. Exhibit B CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HE*G DATE OF SEPTEMBER 19, 2006 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in Meridian Road. The applicant shall install all mains necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. !. \Y. L ■ _ Y. I Eft. - - I NEI. 2.3 The applicant shall be responsible to install a temporary "Peak Flow Storage System" in a location coordinated with the Public Works Department. The system design shall also be coordinated with the Public Works Department and shall include, at minimum, the following_ • Storage capabilities of 100 gal. per ERU. • Communication capabilities consistent with the City of Meridian's SCADA system. • Odor controlling capabilities, which may either be installed or bonded for. • The ability to program and control times of discharge. If new information arises from ongoing modeling exercises or other subsequent sources, then this condition may be rescinded by the City Engineer. 2.4 The sewer main is being shown routed through Lot 13 Block 2. Public Works requires that mains such as this be installed in a common lot. The applicant shall revise the plat so that the sewer main is installed in a common lot which is a minimum of 20 -feet wide. 2.5 Sewer manholes and water valves shall not be allowed to be installed in landscape islands. If sewer or water mains are routed under the islands than no large landscaping shall be allowed within them. 2.6 Water service to this site is being proposed via extension of mains in Observation Point Subdivision. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.7 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.8 Prior to construction plan approval the applicant shall submit a signed easement for the planned sewer main located off of the subject property. 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 A fourteen -foot wide all weather access road shall be built to allow access to all sewer manholes not located within the right-of-way. 2.11 With the final plat submittal, the applicant shall dedicate a 10 -foot wide public utilities, drainage, and irrigation easement along all rear lot lines, the boundary of the subdivision, and centered on interior lot lines. Exhibit B CITY OF MERIDIAN PLANNINDEPARTMENT STAFF REPORT FOR THE HERG DATE OF SEPTEMBER 19, 2006 2.12 The applicant has indicated that the pressurized irrigation system in this development is to be owned and operated by the Nampa and Meridian Irrigation District, therefore a letter of plan approval shall be submitted prior scheduling of a pre -construction meeting. 2.13 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. 2.14 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. 2.15 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. 2.16 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or he within the area being subdivided shall be covered. Plans will need to be approved by the appropriate 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. 2.17 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.18 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.19 All development improvements, including but not limited to sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.20 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 2.21 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.22 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.23 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.24 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.25 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.26 The engineer shall be required to certify that the street centerline elevations are set a minimum of Exhibit B CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HEA*G DATE OF SEPTEMBER 19, 2006 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 2.27 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. Height for 100 watt fixtures is 25 feet; height for 250 watt fixtures is 30 -feet. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. FIRE DEPARTMENT 3.1 One and two family dwellings will require a fire -flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on 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, alleys, and cul-de-sacs shall have a turning radius of 28' inside and 48' outside radius. 3.6 No on -street parking shall be allowed along the cul-de-sacs. Vehicles shall be parked in garages, driveways, or along public roads with the subdivision. The cul-de-sacs shall be signed as "No Parking." 3.7 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.8 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 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 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. 4. POLICE DEPARTMENT Exhibit B CITY OF MERIDIAN PLANN#EPARTMENT STAFF REPORT FOR THE HAG DATE OF SEPTEMBER 19, 2006 4.1 All interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 4.2 The micropath shall be adequately lit to afford greater visibility of the site as policed from the public street. 5. PARKS DEPARTMENT 5.1 Standard for Mitigation of Trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 6. SANITARY SERVICE COMPANY 6.1 SCC has no comments related to this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1. SITE SPECIFIC REQUIREMENTS 7.1.1 Dedicate and construct the internal roadways as 36 -foot Street Sections, with 50 -feet of right-of- way, complete with curb, gutter and 5 -foot attached concrete sidewalks. 7.1.2 Construct a stub street to the north, South Forrester Avenue, located approximately 152 -feet west of the east property line (measured property line to centerline). A sign shall be installed at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." 7.1.3 Construct the two knuckles with islands, as proposed, with no less than 29 -feet of pavement on all sides of the islands and 45 -foot turning radii. 7.1.4 Comply with all Standard Conditions of Approval. 7.2 GENERAL REQUIREMENTS 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. Exhibit B CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HEVG DATE OF SEPTEMBER 19, 2006 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 is 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 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. 7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. CENTRAL DISTRICT HEALTH DEPARTMENT 8.1 After written approvals from appropriate entities are submitted, we can approve this proposal for central sewage and central water. 8.2 The following plans must be submitted to and approved by the Idaho Department of Health & welfare, Division of Environmental Quality: central sewage and central water. 8.3 Run-off is not to create a mosquito breeding problem. Exhibit B CITY OF MERIDIAN PLA DEPARTMENT STAFF REPORT FOR THE HAG DATE OF JULY 20, 2006 C. Legal Description Engineering North West 423 N. Ancestor Place, Suite 180 Boise, Who 83704 (208) 376-5M * 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 I E., 13-M-, Ada County. Idaho, more particularly described as follows: Commencing at the section con= common to Sections 19 and 30 of said T. 3 N., R. I E., and Sections 24 and 25 of T. 3 N., X I 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 comer common to said Sections 19 and 24; Thence reversing direction, South 00°55'3T' West, 1330.65 feet on the section line common to said Sections 19 and 24 to the northwest comer of Government Lot 4 of said Section 19; Thence leaving said section fine, South 8905945" East, 232.00 feet on the northerly boundary line of said Govemment 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 REAL POINT OF BEGINNING; Thence South 89059'45" East, 894.69 feet on the northerly boundary line of said Government I.At 4 and the southerly boundary fine of Edmonds Subdivision to the northeast comer of said Government Lot 4, said point also being the northwest comer 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 00046'12" West 894.64 feet on the easterly boundary line of said Government Lot 4 and the westerly boundary line of said Observation Point Subdivision to a point being 10,00 feet north of the centerline of the said Kennedy Lateral; Thence leaving said boundary line, North 53"05'22" West, 285.31 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: s ftmt Sub Anrmshcm-R== Dm Am Exhibit C Pap I art CITY OF MERIDIAN PL DEPARTMENT STAFF REPORT FOR THE HCG DATE OF JULY 20, 2006 Thence North 50028281, West, 558.77 feet to a point of curve; 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 38121'02" and a chord distance of 430.28 feet which bean North 31°17'5?" West (formerly described as 438.43 feet of arc, a central angle of 38021'05" and a chord distance of 430.29 feet) to the real point of beginning. Said parcel contains 10.94 acres more or less. Bifttbmsh Point Sub. ArMutm-Rann DekJoc Exhibit C PREPARED BY: Engineedng Northwest, LLC James EL Washburn, PLS RE AFP '40, ooao'c FaV2vf2 CITY OF MERIDIAN PLG DEPARTMENT STAFF REPORT FOR THE HONG DATE OF JULY 20, 2006 tifr i R � at rte-r�tY 4 A son Exhibit C A � I� tifr i R � at rte-r�tY 4 A son Exhibit C CITY OF MERIDIAN PLANA DEPARTMENT STAFF REPORT FOR THE HEG DATE OF JULY 20, 2006 D. Required Findings from Zoning Ordinance 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to 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 this Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds that single-family residential uses are allowed within the requested zoning district of R4 as a Principally Permitted Use. The accompanying plat demonstrates the land will be developed with varying lot sizes and other dimensional requirements which conform to the proposed zoning designation. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council fords that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that Council rely on any oral or written testimony that may be provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Council finds that the proposed zoning amendment will not result in any adverse impact upon delivery of services by any political subdivision providing services to this site, as conditioned in the staff report. 5. The annexation is in the best of interest of the City (UDC 11 -5B -3.E). Council finds that all essential services 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; and this is a logical expansion of the City limits. In accordance with the findings listed above, Council finds that Annexation and Zoning of this property to R-4 would be in the best interest of the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; Council finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan. Staff supports the proposed density and proposed plat layout, with Exhibit D CITY OF MERIDIAN PLG DEPARTMENT STAFF REPORT FOR THE HG DATE OF JULY 20, 2006 recommended changes, as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services can be made available to accommodate the proposed development. (See Finding Items 3 and 4 above under Annexation Findings for more details.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their own 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; Staff recommends that Council rely upon comments from the public service providers (i.e., Police, Fire, ACRD, etc.) to determine this finding. (See Exhibit B, Agency Comments and Conditions, for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and Staff is not aware of any health, safety, or environmental problems associated with the development of this subdivision that should be brought to Council's attention. ACHD considers road safety issues in their analysis. Staff recommends that Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. 6. The development preserves significant natural, scenic or historic features. Staff is unaware of any natural, scenic, or historic features on this site. Staff recommends that the 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. 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 Exhibit D September 29, 2006 MERIDIAN CITY COUNCIL MEETING October 3, 2006 .. U. M APPLICANT Majestic, Inc. ITEM NO. 5-1 REQUEST Findings for Approval — Request for Preliminary Plat approval of 27 single-family residential lots and 4 common lots on 10.94 acres in a proposed R-4 zone for Biitterbrush Point Subdivision — east of Meridian Road and north of Victory AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached FindbW 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 shag become property of the City of Meridian. n ►.J CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER U In the Matter of Annexation and Zoning of 10.94 acres from RUT to R-4 AND Preliminary Plat Approval for 27 single family residential lots and 4 common lots on 10.94 acres, for Bitterbrush Point Subdivision, by Majestic, Inc. Case No(s). AZ -06-036, PP -06-034 For the City Council Hearing Date of. September 19, 2006 (Findings approved on October 3, 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 -06-036 and PP -06-034 (PAGE 1 of 4) ! 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 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 March 2006, is hereby conditionally approved; and, 2. The applicant shall extend the micropathway across the Kennedy Lateral to the subdivision boundary to provide a useable pedestrian connection to the Mussell Corner Commercial Subdivision. 3. 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-036 and PP -06-034 (PAGE 2 of 4) ! 0 Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty- eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of September 19, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-036 and PP -06-034 (PAGE 3 of 4) 0 i By action of the City Council at its regular meeting held on the ��°� day of 2006. COUNCIL MEMBER SHAUN WARDLE VOTED iA!!O�— COUNCIL MEMBER JOE BORTON VOTED�w COUNCIL MEMBER CHARLIE ROUNTREE VOTED_or� COUNCIL MEMBER KEITH BIRD VOTED TIE BREAKER �— MAYOR TAMMY de WEERD VOTED MAYO de WEERD ATTEST: 1319AL = WILLIAM G. BERG, JR., CLERK 9 Copy served upon: Applicanto,,'''�„ ✓ Planning Department 6-”" Public Works Department vo*� City Attorney S By: Dated: to'01' u Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-036 and PP -06-034 (PAGE 4 of 4) CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAR�DATE OF SEPTEMBER 19, 2006 STAFF REPORT TO: FROM: SUBJECT: Hearing Date: 9/19/2006 Mayor & City Council Amanda Hess Meridian Planning Department Bitterbrush Point Subdivision • AZ -06-036 . `t 44 Am" Annexation and Zoning of 10.94 acres from RUT (Ada County) to R-4 (Medium Low - Density Residential) zone • PP -06-034 Preliminary Plat of 27 single-family building lots and 4 common lots on 10.94 acres in a proposed R-4 zone 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Majestic, Inc., has applied for Annexation and Zoning (AZ) of 10.94 acres from RUT (Ada County) to R4 (Medium Low -Density Residential) and Preliminary Plat approval of 27 single family residential lots and 4 common lots for Bitterbrush Point Subdivision. The site has not been previously platted. The site is located approximately % mile northeast of the Meridian Road / Victory Road intersection in Section 19, Township 3 North, Range 1 East, B.M., and is currently referenced as Assessor's Parcel Number S 11193 36 100. 2. SUMMARY RECOMMENDATION The subject applications (AZ -06-036 and PP -06-34) were submitted to the Planning Department for concurrent review. Staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation and Zoning and Preliminary Plat applications. The Meridian Planning and Zoning Commission heard the item on August 3, 2006. At the public hearing they moved to recommend approval to the Citv Council. On September 19, 2006, City Council approved the subiect applications. a. Summary of Commission Public Hearing: i. In favor: Richard Beck (Applicant); Mark Canfield (Developer) ii. In opposition: B.J. Alloway; Christine Helk, Mike Hart; Judy Hart iii. Commenting: Jim Rosette iv. Staff presenting application: Amanda Hess v. Other staff commenting on application: Mike Cole b. Key Issues of Discussion by Commission: i. No limitation on housing orientation. c. Key Commission Changes to Staff Recommendation: i. Applicant shall install a temporary peak flow storage system. ii. Current access from Meridian Road shall be utilized as temporary construction access (if allowed by TTD). d. Outstanding Issue(s) for City Council: i. None. 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ -06-036 and PP -06-034 as presented in the staff report for the hearing date of September 19, 2006, with the Bitterbrush Point Subdivision AZ -06-034, PP -06-036 PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAR• DATE OF SEPTEMBER 19, 2006 following modifications to the conditions of approval: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ -06-036 and PP -06-034 as presented during the hearing on September 19, 2006, for the following reasons: (State specific reasons for denial of the annexation and/or preliminary plat request.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers AZ -06-036 and PP -06-034 to the hearing date of (insert continued hearing date here) for the following reason(s): (State specific reason(s) for a continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: East of Meridian Road and North of Victory Road Section 19, T3N, R1E b. Applicant / Owner: Majestic, Inc. 2000 E. Overland Rd. Meridian, ID 83642 c. Representative: Shawn Nickel, SLN Planning, Inc. d. Present Zoning: RUT (Ada County) e. Present Comprehensive Plan Designation: Low Density Residential f. Description of Applicant's Request: 1. Date of Preliminary Plat (attached in Exhibit A): March, 2006 2. Date of Landscape Plan (attached in Exhibit A): May 9, 2006 g. Applicant's Statement/Justification: The proposed overall density (2.5 dwellings per acre) of the project complies with the City's designation of Medium Low -Density Residential R-4 which allows for densities of up to 4 dwellings per acre. The subdivision will provide landscaped open spaces and a mix of lot sizes ranging from 9,600 sq. ft. to 25,200 sq. ft. 5. PROCESS FACTS a. The subject application will, in fact, constitute an annexation and/or rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, 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, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: July 17 and July 31, 2006 (Planning Commission); August 28 and September 11, 2006 (City Council) d. Radius notices mailed to properties within 300 feet on: July 7, 2006 (Planning Commission); August 25, 2006 (City Council) e. Applicant posted notice on site by: July 24, 2006 (Planning Commission); Bitterbrush Point Subdivision AZ -06-034, PP -06-036 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19, 2006 September 9, 2006 (City Council) 6. LAND USE a. Existing Land Use(s): Vacant land. b. Description of Character of Surrounding Area: A mix of single family residential; commercial enterprises, including an existing plant nursery. c. Adjacent Land Use and Zoning: 1. North: Residential, zoned RUT (Ada County). 2. East: Observation Point Subdivision, zoned R-4. 3. South / West: Mussell Comer Commercial Subdivision, zoned C -G. d. History of Previous Actions: N/A e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: Bitterbrush Point will connect to an existing sewer line in Meridian Road. Location of water: Bitterbrush Point will be serviced via extension of mains in E. Loggers Pass Street from Observation Point Subdivision. Issues or concerns: 1) The need for an off-peak pumping station; 2) Revise plat to include off site sewer main in common lot; and 3) The need for a sewer easement prior to construction plan approval. 2. Vegetation: N/A 3. Floodplain: N/A 4. Canals/Ditches/Irrigation: No major facilities; the Kennedy Lateral has been tiled adjacent to this site. 5. Hazards: N/A 6. Proposed Zoning: R-4 7. Size of Property: 10.94 acres f. Subdivision Plat Information: 1. Residential Lots: 27 2. Non-residential Lots: 0 3. Total Building Lots: 27 4. Common Lots: 4 5. Other Lots: 0 6. Total Lots: 165 7. Open Lots: 0 8. Residential Area: 10.94 acres 9. Gross Density: 2.47 units per acre (3.07 net density) Bitterbrush Point Subdivision AZ -06-034, PP -06-036 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARODATE OF SEPTEMBER 19, 2006 10. Lot Sizes: Lot sizes range from approximately 9,600 square feet to 25,250 square feet. The average lot size is roughly 12,950 square feet. g. Landscaping: 1. Width of street buffer(s): N/A. All proposed streets are local residential streets. 2. Width of buffer(s) between land uses: N/A. A 25 -foot landscape buffer should be provided between the residential and commercial districts upon development of the commercial properties to the southwest 3. Percentage of site as open space: 0.81 acres (7.4%) 4. Other landscaping standards: Landscaping adjacent to micro -paths should comply with UDC 11-3B-12. h. Proposed and Required Non -Residential Setbacks: As per the R4 zone for attached and detached single family dwellings. i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The sole access to the development will be from an existing stub street, E. Loggers Pass Street, provided from Observation Point Subdivision. Observation Point currently has approved direct access from Victory Road. Additionally, one stub street at the north property line will be constructed to provide connectivity to the County parcels when they redevelop. ACHD is supportive of the proposal as long as all Site Specific and General Requirements are met (see Exhibit B-7). 7. COMMENTS MEETING On July 14, 2006, Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain single family residences at densities up to three dwelling units per acre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 27 residential building lots on 10.94 acres for a gross density of 2.47 dwelling units/acre. The gross density is within the range outlined in the Comprehensive Plan, staff finds that the proposed development is in general compliance with the Comprehensive Plan. The following Comprehensive Plan policies apply to this application: • Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner.- Sanitary anner: Sanitary sewer and water service will be extended to the project at the developers 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 (ACH0). This service will not change. Bitterbrush Point Subdivision AZ -06-034, PP -06-036 PAGE 4 CITY OF MERIDIAN PLANNINAPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19, 2006 The subject lands are currently serviced by the Meridian School District #2. This service will not change. The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee -supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. Chapter VI, Goal II, Objective A, Action 3 - Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land - use decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Staff believes that the subject applications comply with the policies listed in the literature noted above. Chapter VI, Goal II, Objective A, Action 5 - Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. Staff is supportive of the proposed pedestrian connection to the Mussell Corner Commercial Subdivision via the proposed micropath, as well as the stub street which will provide for pedestrian connectivity with the county parcels to the north upon their redevelopment. Chapter VII, Goal IV, Objective C, Action 1 - Protect existing residential properties from incompatible land use development on adjacent parcels. The applicant is proposing a residential zone. Staff finds that the developments to the north, northeast, and east are compatible with the proposal, the lot sizes blend well with that of Observation Point Subdivision, and that the existing residences to the north, currently zoned RUT, have also been buffered with appropriately sized lots. Chapter VII, Goal IV, Objective C, Action 10 - Support a variety of residential categories (low-, medium-, and high-density single family, multi -family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. The subject application includes a request for the R-4 zoning designation. The subject property is located adjacent to lands zoned R-4. Staff finds that the requested zoning designation is generally consistent with the Comprehensive Plan designation for this site. Chapter VI, Goal II, Objective A, Action 6 - Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. One stub street will provide cross -access with the properties to the north should a more dense development be proposed at said sites in the future. 9. ZONING ORDINANCE Bitterbrush Point Subdivision AZ -06-034, PP -06-036 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEDATE OF SEPTEMBER 19, 2006 a. Zoning Schedule of Use Control: UDC 11-2A-2 lists single-family developments as a Permitted Use in the R-8 zone. b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation ANNEXATION ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Unified Development Code, staff believes that this is a good location for the proposed single-family development. Please see Exhibit D for detailed analysis of the required facts and findings for annexation. The annexation legal description submitted with the application (prepared on May 1, 2006, by James R. Washburn, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. PRELEVIINARY PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposal with the Unified Development Code, staff believes that this is a good location for the proposed single-family residential development. Please see Exhibit D for detailed analysis of facts and findings for a preliminary plat. 1. Access: Residents will enter Observation Point Subdivision via Victory Road and head northwest along E. Observation Drive, north along S. Andros Way, and then west on E. Loggers Pass Street to access Bitterbrush Point Subdivision. E. Loggers Pass Street is currently a 36' -wide stub street provided by Observation Point and will serve as the sole access to the 27 homes within the proposed subdivision. 2. Internal Streets: Internal streets sections are proposed to be at least 34 -feet wide with 5 -foot wide attached sidewalks. Cul-de-sacs are proposed with a turning radius of 29.5' inside and 45' outside. The proposed design of the cul-de-sacs does not meet the Fire Department's requirements for access. The Fire Department requires all cul-de-sacs to have a turning radius of 28' inside and 48' outside radius. Additionally, the proposal does not meet ACHD's road design standards. ACHD requires 36 - foot street sections, with 50 feet of right-of-way, and curb, gutter, and 5 -foot attached concrete sidewalk. Parking: No on -street parking shall be allowed within the cul-de-sacs. Vehicles shall be parked in garages, driveways, or along public roads with the subdivision, but not within cul-de-sacs. The cul- de-sacs shall be signed as "No Parking" as per the Meridian Fire Department's comments. 4. House Orientation: Staff has concerns about the orientation of homes on several of the lots within the proposed subdivision. Upon examination of a plat, the configuration of like yards should match, i.e. a side yard should abut a side yard. Therefore, staff recommends that the orientation of the homes on the flag lots and Block 1 be restricted as follows: the home on Lot 1, Block 1, should be oriented to the southwest; the homes on Lots 2-4, Block 1, should be oriented to the north; the homes on Lots 5 & 6, Block 1, should be oriented to the east; the homes on Lot 3, Block should be oriented to the northeast, in a similar manner to Lots 5-12, Block 2; and the home on Lot 14, Block 2, should be oriented to the south, to match the yards of Lots 15-20, Block 2. Bitterbrush Point Subdivision AZ -06-034, PP -06-036 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARVDATE OF SEPTEMBER 19, 2006 5. Common Areas / Open Space: The applicant has provided 0.81 acres (7.4%) of landscaped open space, meeting the 5% minimum required by UDC 11 -3G -3A-1. The majority of the open space is passive in nature and provided in the form of landscaping within the Kennedy Lateral canal easement. The applicant is also proposing some open space/common areas in the center of the cul-de-sacs, and within one micropath lot. All common areas approved as open space shall be vegetated and usable by residents. Maintenance of all common areas shall be the responsibility of the Bitterbrush Point Homeowners Association. 6. Micro ap ths: One micropath connection is proposed to the Mussell Corner Development to the southwest. As the Kennedy Lateral is currently piped is this location, this will provide for good pedestrian access from the residential development to the commercial development to the southwest. All micro -paths shall be constructed in accordance with UDC 11-3A-8. Landscaping adjacent to all micro -paths should comply with UDC 11-3B. 7. Landscaping Islands: The Public Works Department does not allow manholes or water valves in landscape islands. Water mains and / or sewer mains shall be routed around the landscape islands to accommodate the proposed landscaping. 8. Pressure hTi ation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC I1 -3A-15 and MCC 9- 1-28. 9. Fencing: Excepting where fencing currently exists along the northern and eastern boundaries, perimeter fencing is not shown on the submitted landscape plan or preliminary plat. At theup blic hearing, the ppplicant should state whether or not permanent fencing is proposed around the development. The applicant should submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All perimeter fencing must be completed prior to issuance of building permits. Fencing should taper down to a 3 foot maximum within 20 feet of all rights-of-way. Fencing adjacent to all micropaths is also required, and is shown on the landscape plan. All fencing shall be installed in accordance with UDC 11-3A-7. 10. Ditches, Laterals, and Canals: As per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided shall be covered. 11. Tree Mitigation: ion: Any existing, on-site 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 those removed. Required landscaping trees will not be considered as replacement trees for those that are removed. The applicant should coordinate a mitigation plan with Elroy Huff at the Meridian Parks Department. b. Staff Recommendation: Based on the above analysis, staff finds that applications AZ -06-036 and PP -06- 034 substantially conform to the Comprehensive Plan policies and UDC standards. Staff recommends approval of said AZ and PP applications subject to the conditions listed in Exhibit B. On August 3, 2006, Bitterbrush Point Subdivision AZ -06-034, PP -06-036 PAGE 7 CITY OF MERIDIAN PLANNING STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19, 2006 the Meridian Planning and Zoning Commission voted to recommend approval of the subject applications On September 19, 2006, the City Council approved the subiect applications. 11. EDITS A. Drawings 1. Vicinity Map 2. Preliminary Plat (Dated: March 2006) 3. Landscape Plan (Dated: May 1, 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 C. Legal Description D. Required Findings from Zoning Ordinance Bitterbrush Point Subdivision AZ -06-034, PP -06-036 PAGE 8 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19, 2006 A. Drawings 1. Vicinity Map Exhibit A CITY OF MERIDIAN PLANNINDEPARTMENT STAFF REPORT FOR THE HEG DATE OF SEPTEMBER 19, 2006 2. Preliminary Plat (Dated: March 2006) Exhibit A CITY OF MERIDIAN PLANNIODEPARTMENT STAFF REPORT FOR THE HAG DATE OF SEPTEMBER 19, 2006 3. Landscape Plan (Dated: May 1, 2006) Exhibit A Cpl r I W It"! A K101 2 MIR ............. . . ........ .. . ......... .. s Y j- A K101 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HE*G DATE OF SEPTEMBER 19, 2006 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 ANNEXATION COMMENTS 1.1.1 The annexation legal description submitted with the application (dated May 1, 2006, stamped by James R. Washburn, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 1.1.2 Any future subdivision, uses, and construction on this property shall comply with the City of Meridian ordinances in effect at the time of submittal. 1.2 SITE SPECIFIC REQUIREMENTS—PRELIMINARY PLAT 1.2.1 The preliminary plat labeled as Sheet 1, prepared by Engineering NorthWest, LLC, dated March 2006, is approved, with the conditions listed herein. All comments and provisions of the accompanying Annexation and Zoning application (AZ -06-036) and any future development agreement shall also be considered conditions of the Preliminary Plat (PP -06-034). 1.2.2 The landscape plan prepared by The Land Group, Inc., on May 1, 2006, and labeled Sheet L1.0 is approved with the following modifications/notes: • Provide 0.81 acres (7.4% of the site) for common open space. • The micropath connection, otherwise known as Lot 11, Block 2, of the Bitterbrush Point Subdivision, shaH be eenstfueted as shown on the landseape plan. shall be extended across the Kennedy Lateral to the subdivision boundary to provide a useable pedestrian connection to the Mussell Corner Commercial Subdivision. Also provide landscaping adjacent to the micropath in accordance with UDC I1-313-12. Provide fencing adjacent to micro -paths as required by UDC 11 -3A -7A -7a. • Provide landscaping within the cul-de-sac islands, as proposed. • Coordinate a tree mitigation plan with Elroy Huff of the Meridian Parks Department. • A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Council signature of the Final Plat. The landscape plan is not to be altered without approval of the Planning and Zoning Department. No field changes to the landscape plan are permitted. All standards of installation shall apply as listed in UDC 11-3B-14. Submit a landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). 1.2.3 Provide a stub street to Edmonds Subdivision (Ada County) to the north, as depicted on the preliminary plat. 1.2.4 Re -design the cul-de-sacs to meet the Meridian Fire Department's requirement of 28' inside / 48'outside turning radius, while still maintaining the integrity / intent of the landscape islands. No parking signs shall be installed around the cul-de-sacs. 1.2.5 Dedicate and construct all internal roadways as 34- and 36 -foot street sections, with 50 feet of right-of-way, with curb, gutter and 5 -foot attached concrete sidewalk to meet ACHD's road design standards. Y. _ - • - - i plr- _ - MEN Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HANG DATE OF SEPTEMBER 19, 2006 1.2.7 If approved by the Idaho Transportation Department =) the current road access to the subiect property from Meridian Road shall be utilized as a temporary construction access in order to minimize travel through Observation Point Subdivision. 1.2.8 All homes within the subdivision shall contain at least 1,400 square feet of living area, exclusive of garages. 1.2.9 All lot lines common to a public right-of-way shall reserve a 10' utility easement. 1.2.10 Maintenance of all common areas shall be the responsibility of the Bitterbrush Point Subdivision Homeowners Association. 1.2.11 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, and waterways being used as amenities, that intersect, cross or he within the area being subdivided shall be covered. 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. 1.3 GENERAL REQUIREMENTS—PRELIMINARY PLAT 1.3.1 Sidewalks/walkways shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.3.2 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.3.3 The applicant has indicated that the Nampa / Meridian Irrigation District will own and operate the pressurized irrigation system within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 1.3.4 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. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. 1.3.5 The applicant shall submit a fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences shall taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing should be installed in accordance with UDC 11-3A-7. 1.3.6 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.3.7 Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.3.8 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. Exhibit B CITY OF MERIDIAN PLANNIDEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19, 2006 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in Meridian Road. The applicant shall install all mains necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.3 The applicant shall be responsible to install a temporary "Peak Flow Storage System" in a location coordinated with the Public Works Department. The system design shall also be coordinated with the Public Works Department and shall include at minimum, the following_ • Storage capabilities of 100 gal. per ERU. • Communication capabilities consistent with the City of Meridian's SCADA system • Odor controlling capabilities, which may either be installed or bonded for. • The ability to grogram and control times of discharge. If new information arises from ongoing modeling exercises or other subsequent sources then this condition may be rescinded by the City Engineer. 2.4 The sewer main is being shown routed through Lot 13 Block 2. Public Works requires that mains such as this be installed in a common lot. The applicant shall revise the plat so that the sewer main is installed in a common lot which is a minimum of 20 -feet wide. 2.5 Sewer manholes and water valves shall not be allowed to be installed in landscape islands. If sewer or water mains are routed under the islands than no large landscaping shall be allowed within them. 2.6 Water service to this site is being proposed via extension of mains in Observation Point Subdivision. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.7 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.8 Prior to construction plan approval the applicant shall submit a signed easement for the planned sewer main located off of the subject property. 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 A fourteen -foot wide all weather access road shall be built to allow access to all sewer manholes not located within the right-of-way. 2.11 With the final plat submittal, the applicant shall dedicate a 10 -foot wide public utilities, drainage, and irrigation easement along all rear lot lines, the boundary of the subdivision, and centered on interior lot lines. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEG DATE OF SEPTEMBER 19 2006 2.12 The applicant has indicated that the pressurized irrigation system in this development is to be owned and operated by the Nampa and Meridian Irrigation District, therefore a letter of plan approval shall be submitted prior scheduling of a pre -construction meeting. 2.13 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. 2.14 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. 2.15 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. 2.16 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or he within the area being subdivided shall be covered. Plans will need to be approved by the appropriate 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. 2.17 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.18 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.19 All development improvements, including but not limited to sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.20 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 2.21 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.22 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.23 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.24 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.25 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.26 The engineer shall be required to certify that the street centerline elevations are set a minimum of Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HANG DATE OF SEPTEMBER 19, 2006 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 2.27 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. Height for 100 watt fixtures is 25 feet; height for 250 watt fixtures is 30 -feet. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. FIRE DEPARTMENT 3.1 One and two family dwellings will require a fire -flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 '/2" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on 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, alleys, and cul-de-sacs shall have a turning radius of 28' inside and 48' outside radius. 3.6 No on -street parking shall be allowed along the cul-de-sacs. Vehicles shall be parked in garages, driveways, or along public roads with the subdivision. The cul-de-sacs shall be signed as "No Parking." 3.7 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.8 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 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 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. 4. POLICE DEPARTMENT Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEG DATE OF SEPTEMBER 19, 2006 4.1 All interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 4.2 The micropath shall be adequately lit to afford greater visibility of the site as policed from the public street. 5. PARKS DEPARTMENT 5.1 Standard for Mitigation of Trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 6. SANITARY SERVICE COMPANY 6.1 SCC has no comments related to this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1. SITE SPECIFIC REQUIREMENTS 7.1.1 Dedicate and construct the internal roadways as 36 -foot Street Sections, with 50 -feet of right-of- way, complete with curb, gutter and 5 -foot attached concrete sidewalks. 7.1.2 Construct a stub street to the north, South Forrester Avenue, located approximately 152 -feet west of the east property line (measured property line to centerline). A sign shall be installed at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." 7.1.3 Construct the two knuckles with islands, as proposed, with no less than 29 -feet of pavement on all sides of the islands and 45 -foot turning radii. 7.1.4 Comply with all Standard Conditions of Approval. 7.2 GENERAL REQUIREMENTS 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 ACH D 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. Exhibit B CITY OF MERIDIAN PLANNINDEPARTMENT STAFF REPORT FOR THE HAG DATE OF SEPTEMBER 19, 2006 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 is required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. CENTRAL DISTRICT HEALTH DEPARTMENT 8.1 After written approvals from appropriate entities are submitted, we can approve this proposal for central sewage and central water. 8.2 The following plans must be submitted to and approved by the Idaho Department of Health & welfare, Division of Environmental Quality: central sewage and central water. 8.3 Run-off is not to create a mosquito breeding problem. Exhibit B 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HENING DATE OF JULY 20, 2006 C. Legal Description Z7 . 17,ngtneE!jnANorth Weg ,,Ldt, 423 N. Ancestor Place, Suite Igo Boise, Idaho 83704 (208) 376-9M a Fax (208) 37&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 comer common to Sections 19 and 30 of said T. 3 N., R. I E., and Sections 24 and 25 of T. 3 N., R. I W., B.M.; Theme North 00055'3T' 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 reversing direction, South 00055'3T' West 1330-65 feet on the section line common to said Sections 19 and 24 to the northwest comer of Government Lot 4 of said Section 19; Thence leaving said section line, South 8905914511 East, 232.00 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 REAL POINT OF BEGINNING; Thence South 89059'45" East, 894-69 feet on the northerly boundary line of said Government Lot 4 and the southerly boundary line of Edmonds Subdivision to the northeast comer of said Government Lot 4, said point also being the northwest comer 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; Theme South 00046,12" West, 894.64 feet on the easterly boundary fine of said Government Lot 4 and the westerly boundary line of said Observation point Subdivision to a Point being 10.00 feet north of the centerline of the said Kennedy Lateral; Thence leaving said boundary line, North 5300522" West 285.31 feel, said line being 10.00 feet northerly of and pamUel with the centerline of the said Kennedy Lateral; Thence on a line being 10,00 fed northerly of and parallel with the centerline of the Kennedy Lateral for the following courses and distances: Bifttltmh Point S& Amlematim-Rezone Dm.dw Exhibit C Par I of CITY OF MERIDIAN PLANNING0 DEPARTMENT STAFF REPORT FOR THE HEONG DATE OF JULY 20, 2006 Thence North 50028281, West, 558.77 feet to a point of curve; Thence 438.42 feet on the are of a curve to the rigK said curve having a radius of 655.00 feet, a central angle of 38021'02" and a chord distance of 430.28 feet which bears North 31 ° 17'57" West (formerly described as 438.43 feet of arc, a central angle of 38°21'05" and a chord distance of 430,29 feet) to the real point of beginning. Said parcel contains 10.94 acres more or less. Hinabrusb Point Sub, Am"afton-Ram Desc.dw Exhibit C PREPARED BY: Eughleering NorthWest, LLC ) R E�- APP v V BY James R. Washburn, PLS Page 2 of 2 IONCITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEG DATE OF JULY Z0, 2006 I Exhibit C 0 IkCITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HE DATE OF JULY 20, 2006 D. Required Findings from Zoning Ordinance 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to 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 this Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council fmds that single-family residential uses are allowed within the requested zoning district of R4 as a Principally Permitted Use. The accompanying plat demonstrates the land will be developed with varying lot sizes and other dimensional requirements which conform to the proposed zoning designation. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that Council rely on any oral or written testimony that may be provided when determining this fmding. 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 delivery of services by any political subdivision providing services to this site, as conditioned in the staff report. 5. The annexation is in the best of interest of the City (UDC 11 -5B -3.E). Council fmds that all essential services 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; and this is a logical expansion of the City limits. In accordance with the findings listed above, Council fmds that Annexation and Zoning of this property to R-4 would be in the best interest of the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; Council fmds that the proposed application is in substantial compliance with the adopted Comprehensive Plan. Staff supports the proposed density and proposed plat layout, with Exhibit D CITY OF MERIDIAN PLANNG DEPARTMENT STAFF REPORT FOR THE ANG DATE OF JULY 20, 2006 recommended changes, as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Council fords that public services can be made available to accommodate the proposed development. (See Finding Items 3 and 4 above under Annexation Findings for more details.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their own 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; Staff recommends that Council rely upon comments from the public service providers (i.e., Police, Fire, ACRD, etc.) to determine this finding. (See Exhibit B, Agency Comments and Conditions, for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and Staff is not aware of any health, safety, or environmental problems associated with the development of this subdivision that should be brought to Council's attention. ACHD considers road safety issues in their analysis. Staff recommends that Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. 6. The development preserves significant natural, scenic or historic features. Staff is unaware of any natural, scenic, or historic features on this site. Staff recommends that the 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. 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 Exhibit D • September 29, 2006 AZ 06-037 MERIDIAN CITY COUNCIL MEETING October 3, 2006 APPLICANT Ronald Van Auker ITEM NO. 5-1 REQUEST Findings for Approval — Request for Annexation and Zonging of 4.85 acres from R-1 to C -G zone for Cope Subdivision — east of Meridan Road and north of Overland Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Findings CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY Orr CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Materials I Date: 1010"A06 Phone: 7d b- ?314 :7,e . > . z gm Staff Initials: AK at public meetings shop become property of the City of Meridian. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER • In the Matter of Annexation and Zoning of 4.85 acres from R-1 to C -G (General Retail and Service Commercial District) AND Preliminary Plat approval for 4 commercial building lots on 4.31 acres in a proposed C -G zone, by Ronald Van Auker, representing Van Auker Properties, for Cope Subdivision Case No(s). AZ -06-037 and PP -06-035 For the City Council Hearing Date of. September 19, 2006 (findings on October 3, 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 -06-037 and PP -06-035 11TV `4 Y by? In the Matter of Annexation and Zoning of 4.85 acres from R-1 to C -G (General Retail and Service Commercial District) AND Preliminary Plat approval for 4 commercial building lots on 4.31 acres in a proposed C -G zone, by Ronald Van Auker, representing Van Auker Properties, for Cope Subdivision Case No(s). AZ -06-037 and PP -06-035 For the City Council Hearing Date of. September 19, 2006 (findings on October 3, 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 -06-037 and PP -06-035 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 June, 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 -06-037 and PP -06-035 • C 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 -06-037 and PP -06-035 9 • By action of the City Council at its regular meeting held on the day of 2006. COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD ATTEST: WILLIAM G. BERG, Copy served upon: MA VOTED_4� VOTED_ t� VOTED $ — VOTED OCO- 011 VOTED de WEERD s r 8L J , dty CSE y \ V1, ants Applic''%,, �Planning Dep,jarti4i'�`��,� Public Works Department City Attorney By: Dated: 10 -5 -OU i Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-037 and PP -06-035 CITY OF MERIDIAN PLANNIRDEPARTMENT STAFF REPORT FOR THE HEARINVATE OF SEPTEMBER 19, 2006 STAFF REPORT Hearing Date: 9/19/2006 TO: Mayor & City Council FROM: Jenny Veatch, Associate City Planner SUBJECT: Cope Subdivision • AZ -06-037 0. cAe, �e i' 1D,$W? 1 Annexation and Zoning of 4.85 acres from R-1 to C -G zone • PP -06-035 Preliminary Plat of 4 commercial building lots on 4.31 acres in a proposed C- G zone 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Ronald Van Auker, representing Van Auker Properties, has applied for Annexation and Zoning of 4.85 acres from R-1 (Ada County) to C -G (General Retail and Service Commercial) and Preliminary Plat approval of 4 commercial building lots on 4.31 acres. The site is located on the northeast comer of S. Meridian Road and E. Overland Road. 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 Cope Subdivision (AZ -06-037 and PP -06-035) 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 19, 2006 the Meridian City Council voted to approve the subject applications with a requirement in the Development Agreement to extend the entryway corridor design standards to all lots on the property. a. Summary of Commission Public Hearing: i. In favor: Ron Van Auker ii. In opposition: None iii. Commenting: None iv. Staff presenting application: Jenny Veatch v. Other staff commenting on application: Caleb Hood b. Key Issues of Discussion by Commission: i. Importance of conceptual design/elevation for site located near gateway road into Meridian; ii. Discouragement of buildings that look like boxes or blank slates facing the street; c. Key Commission Changes to Staff Recommendation: i. Delete second to last bullet of Development Agreement that stated: A 25 foot wide commercial drive aisle, sewer, and water shall be stubbed to the property located at 130 E. Overland Road. ii. Add to Development Agreement: Provide Staff with elevations ten (10) days prior to City Council meeting. iii. Move preliminary plat condition 1.2.6, related to the Design Review requirement, to the Development Agreement provisions and add that Lot 4 is also subject to Design Review. Cope Subdivision AZ -06-037, PP -06-035 PAGE 1 CITY OF MERIDIAN PLDEPARTMENT STAFF REPORT FOR THE HEARINVATE OF SEPTEMBER 19, 2006 d. Outstanding Issue(s) for City Council: i. Whether or not the Council wants to incorporate the proposed elevations and/or site plan into a Development Agreement provision. Or if there are certain aspects of the buildings that the Council believes should be consistent throughout the development of this property, which should be included in the DA. 3. PROPOSED MOTIONS (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 -037 and PP -06-035 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 -06-037 and PP -06-035 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- 037 and PP -06-035 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: 130 E. Overland Road, northeast comer of S. Meridian Road and E. Overland Road, Section 18, T3N R1E b. Owners: Ron Van Auker 3084 E. Lanark Street Meridian, Idaho 83642 c. Applicant: Van Auker Properties 3084 E. Lanark Street Meridian, Idaho 83642 d. Representative: Matt Munger, Munger Engineering, Inc. e. Present Zoning: R-1 f. Present Comprehensive Plan Designation: Commercial g. Description of Applicant's Request: 1. Date of Preliminary Plat (attached as Exhibit Al): June, 2006 2. Date of Landscape Plan (attached as Exhibit A2): June 15, 2006 5. PROCESS FACTS a. The subject application will in fact constitute an annexation as determined by City Ordinance. Cope Subdivision AZ -06-037, PP -06-035 PAGE 2 CITY OF MERIDIAN PL DEPARTMENT STAFF REPORT FOR THE HEARINVATE OF SEPTEMBER 19, 2006 By reason of the provisions of UDC 11-5B-3, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of UDC 11-6B-2, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: July 31 st and August 10, 2006 (for P & Z Commission hearing) and August 28t' and September 11'', 2006 (for City Council hearing) d. Radius notices mailed to properties within 300 feet on: July 21st, 2006 (for P & Z Commission hearing) and August 25th, 2006 (for City Council hearing) e. Applicant posted notice on site by: August 7th, 2006 (for P & Z Commission hearing) and September 7th, 2006 (for City Council hearing) 6. LAND USE a. Existing Land Use(s): Vacant land b. Description of Character of Surrounding Area: The property sits on the northeast corner of S. Meridian Road and E. Overland Road, which are both major roadways in the area and carry large amounts of vehicular traffic. The property is surrounded primarily by other commercial properties to the north, south, east and west. c. Adjacent Land Use and Zoning 1. North: Travelers Corner Subdivision, zoned C -G. 2. East: Agricultural land, zoned C -G. 3. South: Southern Springs Subdivision, zoned L -O and Country Terrace Subdivision, zoned R-6 (Ada County). 4. West: Agricultural land, zoned C -G. d. History of Previous Actions: None. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: There is a sewer trunk on the west side of the Ten Mile Drain. Location of water: There is a water main stubbed to this property from the water main in E. Overland Road, and there is also a main in S. County Terrace Place. Issues or concerns: There is a portion of this site in the AE flood plain. 2. Vegetation: None. 3. Flood plain: 500 year floodplain. 4. Canals/Ditches Irrigation: The Ten Mile Drain traverses the western boundary of the site. 5. Hazards: There is a floodway traversing the site and a 500 year floodplain. 6. Proposed Zoning: C -G 7. Size of Property: 4.85acres f. Subdivision Plat Information Cope Subdivision AZ -06-037, PP -06-035 PAGE 3 CITY OF MERIDIAN PLANNINDEPARTMENT STAFF REPORT FOR THE HEARINGIIATE OF SEPTEMBER 19, 2006 1. Residential Lots: 0 2. Non-residential Lots: 4 3. Total Building Lots: 4 4. Common Lots: 0 5. Other Lots: N/A 6. Total Lots: 4 7. Open Lots: 0 g. Landscaping 1. Width of street buffer(s): 25 feet on E. Overland Road, 10 feet on S. Country Terrace Place. 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: 0% 4. Other landscaping standards: landscape islands and associated vegetation as required by UDC 11 -3B -8C2 h. Proposed and Required Non -Residential Setbacks: per the C -G zone C -G Standard Front 0 feet Side 0 feet Rear 0 feet Max. Building Height 65 feet Min. Lot Size None Min. Street Frontage None i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access to the development will be from S. Country Terrace Place to the east. The applicant is proposing to construct one half of a 40 -foot street section with 54 -feet right-of-way. Improvements exist to the cul-de-sac abutting the site along the northern boundary. The applicant will need to make the remaining improvements to match those already in existence. The subject property does have frontage along E. Overland Road but is not proposing direct access to that road. Access shall be restricted to right -in and right -out only. Please see ACHD comments included for further analysis. 7. COMMENTS MEETING On July28, 2006 Planning Staff held an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Commercial" on the Comprehensive Plan Future Land Use Map. Commercial areas are anticipated to contain a full range of commercial and retail services (see Page 99 of the Comprehensive Plan.) Cope Subdivision AZ -06-037, PP -06-035 PAGE 4 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE HEARINVATE OF SEPTEMBER 19, 2006 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 6 -Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The applicant proposes to construct one half of a 41 foot street section within 54 feet of right-of-way which aligns with the public stub street from Country Terrace Subdivision to the south. • Chapter VII, Goal IV, Objective D, Action 2 - Restrict curb cuts and access points on collectors and arterial streets. The applicant has proposed one driveway to take access on E. Overland Road, which will be restricted by AChD. Staff is in support ofACRD's recommendation. • "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal 1, Objective B) The proposed use does contribute to the variety of commercial uses in this area, as envisioned with the Comprehensive Plan Amendment. Staff believes that the proposed zoning for this property is appropriate. Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's zoning and development request is appropriate for this property. Cope Subdivision AZ -06-037, PP -06-035 PAGE 5 CITY OF MERIDIAN PL DEPARTMENT STAFF REPORT FOR THE HEARIMATE OF SEPTEMBER 19, 2006 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2B-2 allows large scale and a broad mix of retail, office, service and light industrial uses as Permitted Uses in the C -G zone. b. Purpose Statement of Zone: Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. C -G General Retail and Service Commercial District: The purpose of the C -G district is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel -related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the municipal water and sewer systems of the city, and shall not constitute strip commercial development and encourage clustering of commercial development. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation ANNEXATION ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed commercial development. Please see Exhibit D for detailed analysis of facts and findings. The annexation legal description submitted with the application (prepared on June 15, 2006 by Todd R. Waite, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney Bill Nary at 888-4433 to initiate this process within 49inenths 90 days of City Council approval of the annexation request The DA shall incorporate the following: • All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • All future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. • The applicant will be responsible for all costs associated with the sewer and water service extension. • Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. • Prior to issuance of any building permit, the subject property shall be subdivided in accordance with the City of Meridian Unified Development Code. All proposed off-site road improvements to S. Country Terrace Place and associated landscape buffer proposed on the site/landscape plans dated June, 2006 shall be constructed Cope Subdivision AZ -06-037, PP -06-035 PAGE 6 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HEARINVATE OF SEPTEMBER 19, 2006 prior to any certificate of occupancy. A 25 feet wide eemmefeial dFive aisle, sewer-, and wa4er- shaU be s4i bed to the pr-ep leeat®d at 138 E. Over4and Road. Development of the property shall comply substantially with the conceptual elevations to be provided by the applicant at the Planning and Zoning hearing and prior to approval of the preliminary plat by the Commission. Provide Staff with elevations ten (10) days prior to City Council meeting. • Per UDC 11-3A-19, the all structures within the development alone E. Over4and Read and that &ee Me"Me"an Read 1 2 ^` shall be subiect to administrative design review and a DesiLm Review application shall submitted concurrently with the applications for Certificate of Zoning Compliance. PRELINIINARY PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed commercial development. Please see Exhibit D for detailed analysis of facts and findings. 1. Access to a Principal Arterial roadway (E. Overland Road): The submitted preliminary plat dated June, 2006 shows access to E. Overland Road. Access shall be restricted to right -in and right -out only. Direct lot access to East Overland Road shall be prohibited and should be noted on the final plat. 2. Parking Lot Landscaping_ Landscape plans shall be submitted with the Certificate of Zoning Compliance applications for the development which comply with City Code. Specifically, the submitted conceptual site plan does not provide landscape islands and associated vegetation as required by UDC 11 -3B -8C2. Design Review: Per UDC 11-3A-19, the structures within the development along E. Overland Road shall be subject to administrative design review and a Design Review application shall submitted concurrently with the application for Certificate of Zoning Compliance. The .,,...�; rr, ant has not submi#ed any ..«,,,, a, a e.,,.4jea.. _,.._ a4 this t Although such concepts are not required by the UDC, staff anticipates that the City Council will want to see them prior to their hearing. 4. Stub Streets: Staff is supportive of the connection to the stub street from the south from Country Terrace Subdivision. The applicant will be responsible for constructing remaining improvements to S. Country Terrace Place that match the existing improvements on north, abutting cul-de-sac. 5. The applicant shall modify the plat to include a cross access/parking easement for all lots within the subdivision. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Cope Subdivision AZ -06-037, PP -06-035 PAGE 7 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HEARINIVATE OF SEPTEMBER 19, 2006 7. Floodway/floodplain: The Ten Mile Drain traverses the western boundary of the site. The applicant shall provide base flood elevation and floodway data from a professional engineer licensed in the State of Idaho. All lots that are affected by the flood plain shall provide Base Flood Certification prior to obtaining building permits. b. Staff Recommendation: Staff recommends approval of the subject applications AZ -06-026 and PP -06-025 with the conditions listed in Exhibit B of the Staff Report for the hearing date of September 19, 2006. The Meridian Planning and Zoning Commission heard these items on August 17, 2006. At the public hearing they moved to recommend approval. On September 19, 2006 the Meridian City Council voted to approve the subiect applications with a requirement in the Development Agreement to extend the entryway corridor design standards to all lots on the property, 11. EXHIBITS A. Drawings 1. Preliminary Plat (dated: June, 2006) 2. Landscape Plan (dated: June 15, 2006) 3. Conceptual Site Plan and Elevations (dated: September 13, 2006) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Legal Description D. Required Findings from Zoning Ordinance Cope Subdivision AZ -06-037, PP -06-035 PAGE 8 CITE' OF MERIDIAN PLANDEPARTMENT STAFF REPORT FOR THE HEARINIATE OF SEPTEMBER 19, 2006 A. Drawings 1. Preliminary Plat (dated: June, 2006) e • s a�lot s J41A, f� ffllf� _ _.. ......a �■ a �..- � -i@-.. , / � + �. y_,,. lie IBM e t I ■ k�. I • 1 C a I o +s , 4 i ■ !t 4 /1 ■ Q .. f ► ytQlJQS IL .� -. —_ V 5 1 < •0 0 4 r II� i t I■■I ;1®gog®Q0•a•a0�e.f►• •..e �D C ''>z�a .I!•I� T ° if • if �AiO iii ' f Exhibit A — Page 1 CITY OF MERIDIAN PLANM DEPARTMENT STAFF REPORT FOR THE ]HEARIN ATE OF SEPTEMBER 19, 2006 2. Landscape Plan (dated: June 15, 2005) Exhibit A — Page 2 PRIMMAMY FLAel DT COPE SU33DARIVINON WMMDMN meso -Mt A 4 HN F i t /* J- Exhibit A — Page 2 PRIMMAMY FLAel DT COPE SU33DARIVINON WMMDMN meso -Mt A 4 HN F i t Exhibit A — Page 2 PRIMMAMY FLAel DT COPE SU33DARIVINON WMMDMN meso CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HEARING 17"ATE OF SEPTEMBER 19, 2006 3. Conceptual Site Plan and Elevations (dated: September 13, 2006) Exhibit A — Page 3 CITY OF MERIDIAN PLDEPARTMENT STAFF REPORT FOR THE HEARINAPATE OF SEPTEMBER 19, 2006 ..�M1NN IB191i1N11111m16N�m11N11N111N1111NIdg11111m11NmImNn 1N�1.1g.—It.I1.IN..1A..A—.l.1.iIf.1.N.Q.A_.I.E.I.Im..Y.1A� Im..' 1111�......... ■ .......... i ...........Y....�0 �■■a■i ...t..�...Y� a..r+...�..GR....�.�.4....�I.I.I♦Ot�.............. . Ealm■ GI■■L..���� ©t_�.■Y.� ■Y.1. ®�YflUlllu.._ � Q y �■—-� A• no GO ® �Q ■QQ■■QQ�����pQ■■as■�,���©��■ori■c�,�r�����i�'�i�'�A�Q■I©Q■iQG��Q■�Q■i©o■ o O U a0; Y�I. O U l Yl1 SO EVE aQ ■o, Q■■aQ■■a�■ %a■ic■��i©.■i ■1F._I■©ggooi� ��.oc■Fr�9■fie■■�■■off ��lA�tl�mullu lom InnAi L IIlmmlmmuulmiHnminlo11"I Boni 1111m11milm e1mMumAn��.._ 1 ml 1-►praamB00■■©dMUo■■aQi■ �Il,fi Yl'It• - 1 �... 11ra65l©E11FOR,1 YI YID 1 Y iYY' I�YI I�YI,,.I�• Mr E I I E I■Ei■■oa■INiA��°"-" IY Q v ■Q ■i��■ ©■ Q■■hi■9�■i Q■iGo■■fly■hh■■H■■�J■n ._�. I,,F iiRq jp■■i� _...;-.rr lr�x ,�_ ■p ��.n �1W ■ Allp © ��oi�■ o ■ �■i Q■■Q�■fog■ieQ■■oQ■■dQ■h©■i�Gii©o�iraQ■■r��■ C MC 0— mmll= -- "M = e© ■i© a l ob■a©1i� �■ �i►ci■© ■1 o■■�Q■■©9■iU ■I l■��■ia�■�1■irs®■ mAAmlBlm� Im�A[i1Nii:,a� , ,�.;'uiA�l111N1A1i1mBtAod ........ ............. � u�illn mIN11A111N—Ilt-�_ niANI181H11AmNf111mID�u..... 7:..... .....r ...•.....: I _ ...... .. ....... ..... � 5 Exhibit A — Page 4 CITY OF MERIDIAN PLANNIDEPARTMENT STAFF REPORT FOR THE HEARINOTE OF SEPTEMBER 19, 2006 BU LMS 42 Exhibit A — Page 5 CITY OF MERIDIAN PLANNIRDEPARTMENT STAFF REPORT FOR THE HEARINGffATE OF SEPTEMBER 19, 2006 B=ING R3 Exhibit A — Page 6 CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HEARINGPATE OF SEPTEMBER 19, 2006 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 ANNEXATION COMMENTS Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate this process within 4&ffenths 90 days of City Council approval of the annexation re uq est. The DA shall incorporate the following: • All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • All future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. • The applicant will be responsible for all costs associated with the sewer and water service extension. • Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. • Prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. • All proposed off-site road improvements to S. Country Terrace Place and associated landscape buffer proposed on the site/landscape plans dated June, 2006 shall be constructed prior to any certificate of occupancy. • n 25 ret wide e ,.i d6ye .,isle sewef, and ,..atff shag be stubbed to the ,t. leeated at 130 E. OveAaad Read. • Development of the property shall comply substantially with the conceptual elevations to be provided by the applicant at the Planning and Zoning hearing and prior to approval of the preliminary plat by the Commission. Provide Staff with elevations ten (10) days prior to City Council meeting. • Per UDC 11-3A-19, the all structures within the development a4ene E. Over4and Read -and that faeo MeTidian Read (Lots -244 shall be subiect to administrative design review and a Design Review application shall submitted concurrently with the applications for Certificate of Zoning Compliance. 1.2 SITE SPECIFIC REQUIREMENTS—PRELIMINARY PLAT 1.2.1 The preliminary plat prepared by Munger Engineering Inc., dated June, 2006, is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation/Zoning (AZ -06-037) shall also be considered conditions of the Preliminary Plat (PP -06-035). 1.2.2 The applicant shall modify the plat to include a cross access/parking easement for all lots within the subdivision. 1.2.3 The proposed driveway on East Overland Road shall be right-in/right-out only. Direct lot access to East Overland Road shall be prohibited and should be noted on the final plat. Exhibit B — Page 1 CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HEARINNAITE OF SEPTEMBER 19, 2006 1.2.4 Construct South Country Terrace Place as one half of a 41 -foot street section within 54 -feet of right-of-way to align with the public stub street from Country Terrace Subdivision to the south and construct curb, gutter and sidewalk to match existing improvements. 1.2.5 The landscape plan prepared by South Landscape Architecture, P.C., on June 15, 2006, is approved with the following modifications/notes: Landscape plans shall be submitted with the Certificate of Zoning Compliance applications for the development which comply with City Code. Specifically, the submitted conceptual site plan does not provide landscape islands and associated vegetation as required by UDC 11 -3B -8C2. 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 11-313-14. 1.2.6 The applicant shall provide base flood elevation and floodway data from a professional engineer licensed in the State of Idaho. All lots that are affected by the flood plain shall provide Base Flood Certification prior to obtaining building permits. 1.3 GENERAL REQUIREMENTS—PRELIMINARY PLAT 1.3.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.3.2 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 1.3.3 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application. 1.3.4 The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences should taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing should be installed in accordance with UDC 11-3A-7. 1.3.5 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.3.6 All irrigation ditches, laterals or canals, exclusive of the Ten Mile Stub Drain, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11- 3A-6, unless otherwise approved by Nampa Meridian Irrigation District. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch Exhibit B — Page 2 CITY OF MERIDIAN PLANNIWDEPARTMENT STAFF REPORT FOR THE HEARIN,GATE OF SEPTEMBER 19, 2006 owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.3.7 Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.3.8 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of the trunk main located on the west side of the Ten Mile Drain. The applicant shall install all mains necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in E. Overland Road and S. Country Terrace. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 A portion of this site is encumbered by an AE flood zone, the final plat for this development shall include the Firm map number that shows this flood plain. All lots that are affected by the flood plain shall provide Base Flood Certification prior to obtaining building permits. 2.4 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.5 The applicant shall provide a 20 -foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.6 The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. If it is to be owned and maintained by an Irrigation District then a letter of plan approval shall be submitted prior to scheduling of a pre -construction meeting. 2.7 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.8 All existing structures not meeting setbacks or meeting the dimensional standards of the UDC shall be removed prior to signature on the final plat by the City Engineer. 2.9 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-14 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. Exhibit B — Page 3 CITY OF MERIDIAN PLANNINDEPARTMENT STAFF REPORT FOR THE BEARINOATE OF SEPTEMBER 19, 2006 2.10 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways and the Ten Mile Drain, 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. 2.11 As each lot develops a drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.12 Street signs are to be in place, water system shall be approved and activated, and the road base shall be sufficiently installed to allow for emergency vehicle access, prior to applying for building permits. 2.13 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.14 Sewer, water, pressurized irrigation, and any life safety development improvement shall receive final approval prior to occupancy. Other required development improvements, such as fencing, micropaths, and landscaping may be bonded for prior to obtaining certificates of occupancy. 2.15 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 2.16 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.17 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.18 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.19 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.20 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.21 One hundred watt, high-pressure sodium streetlights, on 25' pole shall be required on all public residential streets. Two -hundred and fifty watt high pressure sodium streetlights, on 30' pole shall be required on subdivision entrances and collector roadways. Design of the streetlights shall be approved by the Public Works Department. Decorative lights require a streetlight agreement on file with Public Works prior to activation. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants, and no further than 400' distance in between locations. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain approval from the Public Works Department, and permit from Building Department prior to Exhibit B — Page 4 CITY OF MERIDIAN PLANNRDEPARTMENT STAFF REPORT FOR THE HEARINGaATE OF SEPTEMBER 19, 2006 commencing installations. 3. RRE 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 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. The phasing plan may require that any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. 4. All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 5. All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 6. For all Fire Lanes, provide signage "No Parking Fire Lane". 7. Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 8. 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. 9. Maintain a separation of 5' from the building to the dumpster enclosure. 10. Provide a Knox box entry system for the complex prior to occupancy. 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). 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. 13. 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. 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 Exhibit B — Page 5 CITY OF MERIDIAN PLANNIODEPARTMENT STAFF REPORT FOR THE HEARINOATE OF SEPTEMBER 19, 2006 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. 17. Buildings over 30' in height are required to have access roads in accordance with Appendix D Section D105. 4. POLICE DEPARTMENT 1. The loading areas shall be separated from all public parking areas. Access to E. Oveland Road should not be permitted. 5. PARKS DEPARTMENT 1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 2. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 6. SANITARY SERVICE COMPANY 1. 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 ofApry oval 1. Restrict the turning movement of the driveway located at the south property line to right -in and right -out only by means of a center median. The applicant may enter into a road trust with the district for the actual installation of the median with the intersection project. 2. Construct South Country Terrace Place as one half of a 40 -foot street section within 54 -feet of right-of-way complete with vertical curb, gutter and 5 -foot attached concrete sidewalk to match the existing improvements. 3. East Overland Road is classified as a Principal Arterial roadway: all access points to East Overland Road will be closed except the access specifically approved with this application: direct lot access to West Overland Road is prohibited and should be noted on the final plat. 4. Comply with District Driveway Policy. 5. Comply with District Tree Planter Width Interim Policy. 6. Comply with all Standard Conditions of Approval. Standard Conditions ofA proval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. Private sewer or water systems are prohibited from being located within any ACRD roadway or right-of-way. Exhibit B — Page 6 CITY OF MERIDIAN PLANNWDEPARTMENT STAFF REPORT FOR THE HEARINVATE OF SEPTEMBER 19, 2006 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. District's Tree Planter Width Policy prohibits all trees in planters less than 6 -feet in width. In addition to prohibiting trees in planters less than 6 -feet in width, the policy requires a minimum planter width of 6 -feet for class II tress with the installation of root barriers on both sides of the planter strip or a minimum planter width of 8 -feet without the installation of a root barrier. The policy also requires Class I and Class III trees to provide a minimum planter width of 10 -feet. 6. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 8. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 9. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 10. Payment of applicable road impact fees is required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 11. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 12. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 13. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Exhibit B — Page 7 CITY OF MERIDIAN PLANNJ*DEPARTMENT STAFF REPORT FOR THE HEARINNAI TE OF SEPTEMBER 19, 2006 C. Legal Description P.N. 2274 doib ern .. wa lte consulting. lic engineers--& surveyors 120 N. Curtis Road Boise, Id. 83706 (208)376-8555 Fax (208) 429-9862 ANNEXATION DESCRIPTION FOR COPE PROPERTY BOUNDARY JUNE 13, 2006 A PARCEL OF LAND BEING A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER (GOVERNMENT LOT 4) OF SECTION l8, TOWNSHIP 3 NORTH, RANGE i EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AND MORE PARTICULARY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 18, THENCE NORTH 890 43'32" EAST ALONG THE SOUTH BOUNDARY OF SAID SECTION 18 FOR A DISTANCE OF 174.30 FEET, TO THE REAL POINT OF BF GINMG; THENCE NORTH 89' 43'32" EAST ALONG SAID SOUTH BOUNDARY FOR A DISTANCE OF 457.98 FEET; THENCE NORTH 0016'28" WEST FOR A DISTANCE OF 45.00 FEET; THENCE NORTH 3903 5' 14'EAST (FORMERLY SHOWN OF RECORD AS NORTH 39°33'22" EAST) FOR A DISTANCE OF 15.96 FEET, THENCE NORTH 0'45' 10" EAST (FORMERLY SHOWN OF RECORD AS NORTH 0° 13' WEST) FOR A DISTANCE OF 368.65 FEET; THENCE SOUTH 89028'41" WEST (FORMERLY SHOWN OF RECORD AS SOUTH 88°42' WEST) FOR A DISTANCE OF 569.41 FEET; THENCE SOUTH 52°04'56" EAST (FORMERLY SHOWN OF RECORD AS SOUTH 53°07' EAST) FOR A DISTANCE OF 29.41 FEET, THENCE SOUTH 25°42'56" EAST (FORMERLY SHOWN OF RECORD AS SOUTH 26°45' EAST) FOR A DISTANCE OF 60.00 FEET; THENCE SOUTH 9°02'04" EAST (FORMERLY SHOWN OF RECORD AS SOUTH 10°04' EAST) FOR A DISTANCE OF 300.02 FEET, TO THE NORTH RIGHT OF WAY LINE OF OVERLAND ROAD; C:\Projects\Cope Property -Van Auker (2274)V)ocnments\C0PE BOUNDARY- ANNEX.doc-2 Exhibit C CITY OF MERIDIAN PLANN11Ri DEPARTMENT STAFF REPORT FOR THE HEARINI ATE OF SEPTEMBER 19, 2006 THENCE SOUTH 00016'28" EAST FOR A DISTANCE OF 54.50 FEEL' TO TIDE REAL PONT OF BEGINNING; CONTAINING 4.85 ACRES OF LAND, MORE OR LESS. PREPARED BY: TODD R WAITS P.T,.S. y G��/P'pP�VAi�1 6 ME�pRK r'� t� C.\Proj"\Caps Property -Ven Auker (2274)\Domunwft\C0PE BOUNDARY- ANNEX.doe-2 Exhibit C CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HEARINV TE OF SEPTEMBER 19, 2006 0 v ch c o 751 o m 1 W th o J4 m 9 U Z C '7d 30YUU31 AU1Ill00 '3 so'YOE 3 A49VAD N 11 Is O1� 1 I NiEE DRAIN l! SLCd 5 WNW E 1� 300.DY 1 ypW� (80 Alli 3j" Yt a M Y l 0 l 13 A y, : Exhibit C CITY OF MERIDIAN PLANNIODEPARTMENT STAFF REPORT FOR THE HEARING'YfATE OF SEPTEMBER 19, 2006 D. Required Findings from Zoning Ordinance 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to C -G. 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 the proposed C -G zone, if designed, constructed and operated in accordance with adopted city ordinances, should be harmonious and appropriate in appearance with the intended character of the vicinity. 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. 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). 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 C- G would be in the best interest of the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; The applicant has not submitted elevations for the proposed commercial business park. The applicant will be required to use the design guidelines for commercial projects along gateway corridors when designing building facades as detailed in the Annexation analysis. Council generally supports the proposed plat layout as it complies with the Exhibit D CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HEARINOATE OF SEPTEMBER 19, 2006 provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services are available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; The Commission and Council 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 A portion of this site is encumbered by an AE flood zone. Council believes the applicant should provide base flood elevation and floodway data from a professional engineer licensed in the State of Idaho to determine whether the proposed development may result in physical damage to any property. 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 Council is unaware. 6. The development preserves significant natural, scenic or historic features. The Ten Mile Drain runs through the western portion of the property and two of the proposed building lots. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which Council is unaware. Exhibit D 9 • September 29, 2006 PP 06-035 MERIDIAN CITY COUNCIL MEETING October 3, 2006 APPLICANT Ronald Van Auker ITEM NO. 5-K REQUEST Findings for Approval — Request for Preliminary Plat approval of 4 commercial lots on 4.31 acres in a proposed C -G zone for Cope Subdivision — east of Meddina Road and north of Ovlerland 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: R rw rz J, Materials presented at public COMMENTS See attached Findings kf1-11 V-9-1" Date: c0 �P Phone. CD M Staff In tials: is shall become property of the City of Meridian. • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER 4 't� h w.A ..= s In the Matter of Annexation and Zoning of 4.85 acres from R-1 to C -G (General Retail and Service Commercial District) AND Preliminary Plat approval for 4 commercial building lots on 4.31 acres in a proposed C -G zone, by Ronald Van Auker, representing Van Auker Properties, for Cope Subdivision Case No(s). AZ -06-037 and PP -06-035 For the City Council Hearing Date of. September 19, 2006 (findings on October 3, 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 -06-037 and PP -06-035 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 June, 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 -06-037 and PP -06-035 i 0 final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of September 19, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-037 and PP -06-035 0 0 By action of the City Council at its regular meeting held on the �day of 2006. COUNCIL MEMBER SHAUN WARDLE VOTED_0%1— COUNCIL MEMBER JOE BORTON VOTED_Zoq� COUNCIL MEMBER CHARLIE ROUNTREE VOTED_C��� COUNCIL MEMBER KEITH BIRD VOTED#�YA- TIE BREAKER MAYOR TAMMY de WEERD VOTED �- MAYO ` WEERl ATTEST: 'e a - WILLIAM G. BERG, JR., CITY VLERI�C;s Copy served upon: V/ Applicant Planning Department -�~ Public Works Department -� City Attorney By: % A UA) ty Clerk's O ce Dated: lo'S'O LF CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-037 and PP -06-035 CITY OF MERIDIAN PLADEPARTMENT STAFF REPORT FOR THE HEARINCi"17ATE OF SEPTEMBER 19, 2006 STAFF REPORT Hearing Date: 9/19/2006 TO: Mayor & City Council FROM: Jenny Veatch, Associate City Planner SUBJECT: Cope Subdivision • AZ -06-037 Annexation and Zoning of 4.85 acres from R-1 to C -G zone • PP -06-035 Preliminary Plat of 4 commercial building lots on 4.31 acres in a proposed C- G zone I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Ronald Van Auker, representing Van Auker Properties, has applied for Annexation and Zoning of 4.85 acres from R-1 (Ada County) to C -G (General Retail and Service Commercial) and Preliminary Plat approval of 4 commercial building lots on 4.31 acres. The site is located on the northeast corner of S. Meridian Road and E. Overland Road. 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 Cope Subdivision (AZ -06-037 and PP -06-035) 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 19, 2006 the Meridian City Council voted to approve the subiect applications with a requirement in the Development Agreement to extend the entryway corridor design standards to all lots on the property a. Summary of Commission Public Hearing: i. In favor: Ron Van Auker ii. In opposition: None iii. Commenting: None iv. Staff presenting application: Jenny Veatch v. Other staff commenting on application: Caleb Hood b. Key Issues of Discussion by Commission: i. Importance of conceptual design/elevation for site located near gateway road into Meridian; ii. Discouragement of buildings that look like boxes or blank slates facing the street; c. Key Commission Changes to Staff Recommendation: i. Delete second to last bullet of Development Agreement that stated: A 25 foot wide commercial drive aisle, sewer, and water shall be stubbed to the property located at 130 E. Overland Road. ii. Add to Development Agreement: Provide Staff with elevations ten (10) days prior to City Council meeting. iii. Move preliminary plat condition 1.2.6, related to the Design Review requirement, to the Development Agreement provisions and add that Lot 4 is also subject to Design Review. Cope Subdivision AZ -06-037, PP -06-035 PAGE 1 CITY OF MERIDIAN PLDEPARTMENT STAFF REPORT FOR THE HEARINOATE OF SEPTEMBER 19, 2006 d. Outstanding Issue(s) for City Council i. Whether or not the Council wants to incorporate the proposed elevations and/or site plan into a Development Agreement provision. Or if there are certain aspects of the buildings that the Council believes should be consistent throughout the development of this property, which should be included in the DA. 3. PROPOSED MOTIONS (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 -037 and PP -06-035 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 -06-037 and PP -06-035 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- 037 and PP -06-035 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: 130 E. Overland Road, northeast comer of S. Meridian Road and E. Overland Road, Section 18, UN RIE b. Owners: Ron Van Auker 3084 E. Lanark Street Meridian, Idaho 83642 c. Applicant: Van Auker Properties 3084 E. Lanark Street Meridian, Idaho 83642 d. Representative: Matt Munger, Munger Engineering, Inc. e. Present Zoning: R-1 f. Present Comprehensive Plan Designation: Commercial g. Description of Applicant's Request: 1. Date of Preliminary Plat (attached as Exhibit Al): June, 2006 2. Date of Landscape Plan (attached as Exhibit A2): June 15, 2006 5. PROCESS FACTS a. The subject application will in fact constitute an annexation as determined by City Ordinance. Cope Subdivision AZ -06-037, PP -06-035 PAGE 2 CITY OF MERIDIAN PLANADEPARTMENT STAFF REPORT FOR THE HEARINGAATE OF SEPTEMBER 19, 2006 By reason of the provisions of UDC 11-5B-3, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of UDC 11-6B-2, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: July 31st and August 14th, 2006 (for P & Z Commission hearing) and August 28th and September 11th, 2006 (for City Council hearing) d. Radius notices mailed to properties within 300 feet on: July 21st, 2006 (for P & Z Commission hearing) and August 25th, 2006 (for City Council hearing) e. Applicant posted notice on site by: August 7th, 2006 (for P & Z Commission hearing) and September 7th, 2006 (for City Council hearing) 6. LAND USE a. Existing Land Use(s): Vacant land b. Description of Character of Surrounding Area: The property sits on the northeast corner of S. Meridian Road and E. Overland Road, which are both major roadways in the area and carry large amounts of vehicular traffic. The property is surrounded primarily by other commercial properties to the north, south, east and west. c. Adjacent Land Use and Zoning 1. North: Travelers Corner Subdivision, zoned C -G. 2. East: Agricultural land, zoned C -G. 3. South: Southern Springs Subdivision, zoned L -O and Country Terrace Subdivision, zoned R-6 (Ada County). 4. West: Agricultural land, zoned C -G. d. History of Previous Actions: None. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: There is a sewer trunk on the west side of the Ten Mile Drain. Location of water: There is a water main stubbed to this property from the water main in E. Overland Road, and there is also a main in S. County Terrace Place. Issues or concerns: There is a portion of this site in the AE flood plain. 2. Vegetation: None. 3. Flood plain: 500 year floodplain. 4. Canals/Ditches Irrigation: The Ten Mile Drain traverses the western boundary of the site. 5. Hazards: There is a floodway traversing the site and a 500 year floodplain. 6. Proposed Zoning: C -G 7. Size of Property: 4.85acres f. Subdivision Plat Information Cope Subdivision AZ -06-037, PP -06-035 PAGE 3 CITY OF MERIDIAN PLAA DEPARTMENT STAFF REPORT FOR THE HEARINVATE OF SEPTEMBER 19, 2006 1. Residential Lots: 0 2. Non-residential Lots: 4 3. Total Building Lots: 4 4. Common Lots: 0 5. Other Lots: N/A 6. Total Lots: 4 7. Open Lots: 0 g. Landscaping 1. Width of street buffer(s): 25 feet on E. Overland Road, 10 feet on S. Country Terrace Place. 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: 0% 4. Other landscaping standards: landscape islands and associated vegetation as required by UDC 11 -3B -8C2 h. Proposed and Required Non -Residential Setbacks: per the C -G zone C -G Standard Front 0 feet Side 0 feet Rear 0 feet Max. Building Height 65 feet Min. Lot Size None Min. Street Frontage None i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access to the development will be from S. Country Terrace Place to the east. The applicant is proposing to construct one half of a 40 -foot street section with 54 -feet right-of-way. Improvements exist to the cul-de-sac abutting the site along the northern boundary. The applicant will need to make the remaining improvements to match those already in existence. The subject property does have frontage along E. Overland Road but is not proposing direct access to that road. Access shall be restricted to right -in and right -out only. Please see ACHD comments included for further analysis. 7. COMMENTS MEETING On July28, 2006 Planning Staff held an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Commercial" on the Comprehensive Plan Future Land Use Map. Commercial areas are anticipated to contain a full range of commercial and retail services (see Page 99 of the Comprehensive Plan.) Cope Subdivision AZ -06-037, PP -06-035 PAGE 4 CITY OF MERIDIAN PLANNh*EPARTMENT STAFF REPORT FOR THE HEARINGOTE OF SEPTEMBER 19, 2006 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, property. The City of Meridian plans to provide annexed in the following manner: it planned to provide City services to the subject municipal services to the lands proposed to be • 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 (ACID). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee -supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter VI, Goal II, Objective A, Action 6 - Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The applicant proposes to construct one half of a 41 foot street section within 54 feet of right-of-way which aligns with the public stub street from Country Terrace Subdivision to the south. • Chapter VII, Goal IV, Objective D, Action 2 - Restrict curb cuts and access points on collectors and arterial streets. The applicant has proposed one driveway to take access on E. Overland Road, which will be restricted by ACID. Staff is in support ofACID's recommendation. • "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal 1, Objective B) The proposed use does contribute to the variety of commercial uses in this area, as envisioned with the Comprehensive Plan Amendment. Staff believes that the proposed zoning for this property is appropriate. Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's zoning and development request is appropriate for this property. Cope Subdivision AZ -06-037, PP -06-035 PAGE 5 CITY OF MERIDIAN PLANADEPARTMENT STAFF REPORT FOR THE HEARINVATE OF SEPTEMBER 19, 2006 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2B-2 allows large scale and a broad mix of retail, office, service and light industrial uses as Permitted Uses in the C -G zone. b. Purpose Statement of Zone: Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. C -G General Retail and Service Commercial District: The purpose of the C -G district is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel -related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the municipal water and sewer systems of the city, and shall not constitute strip commercial development and encourage clustering of commercial development. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation ANNEXATION ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed commercial development. Please see Exhibit D for detailed analysis of facts and findings. The annexation legal description submitted with the application (prepared on June 15, 2006 by Todd R. Waite, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney Bill Nary. at 888-4433 to initiate this process within 4&ipentbf, 90 days of City Council approval of the annexation re #est The DA shall incorporate the following: • All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • All future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. • The applicant will be responsible for all costs associated with the sewer and water service extension. • Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. • Prior to issuance of any building permit, the subject property shall be subdivided in accordance with the City of Meridian Unified Development Code. • All proposed off-site road improvements to S. Country Terrace Place and associated landscape buffer proposed on the site/landscape plans dated June, 2006 shall be constructed Cope Subdivision AZ -06-037, PP -06-035 PAGE 6 CFFY OF MERIDIAN PLANNWEPARTMENT STAFF REPORT FOR THE HEARINGWE OF SEPTEMBER 19, 2006 prior to any certificate of occupancy. A 25 feet wide eemmefeial drive aisle, seweF, and waef shag be swbbed to the pr-ep leeated at 130 E. QveAaad Read. • Development of the property shall comply substantially with the conceptual elevations to be provided by the applicant at the Planning and Zoning hearing and prior to approval of the preliminary plat by the Commission. Provide Staff with elevations ten (10) days prior to City Council meeting. • Per UDC 11-3A-19, the all structures within the development alene E. Over4aad Read an fl'"+ f eo Mmidian Read 2 41 shall be subiect to administrative design review and a Design Review application shall submitted concurrently with the applications for Certificate of Zoning Compliance. PRELE UNARY PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed commercial development. Please see Exhibit D for detailed analysis of facts and findings. 1. Access to a Principal Arterial roadway (E Overland Road): The submitted preliminary plat dated June, 2006 shows access to E. Overland Road. Access shall be restricted to right -in and right -out only. Direct lot access to East Overland Road shall be prohibited and should be noted on the final plat. 2. Parking Lot Landscaping_ Landscape plans shall be submitted with the Certificate of Zoning Compliance applications for the development which comply with City Code. Specifically, the submitted conceptual site plan does not provide landscape islands and associated vegetation as required by UDC 11 -3B -8C2. Design Review: Per UDC 11-3A-19, the structures within the development along E. Overland Road shall be subject to administrative design review and a Design Review application shall submitted concurrently with the application for Certificate of Zoning Compliance. The-appheant has not s b.. it4e,i m eeaeep4W elevations or-1ans t d ' tip Although such concepts are not required by the UDC, staff anticipates that the City Council will want to see them prior to their hearing. 4. Stub Streets: Staff is supportive of the connection to the stub street from the south from Country Terrace Subdivision. The applicant will be responsible for constructing remaining improvements to S. Country Terrace Place that match the existing improvements on north, abutting cul-de-sac. 5. The applicant shall modify the plat to include a cross access/parking easement for all lots within the subdivision. 6. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Cope Subdivision AZ -06-037, PP -06-035 PAGE 7 CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HEARINGifATE OF SEPTEMBER 19, 2006 7. Floodwa /flood 1p ain: The Ten Mile Drain traverses the western boundary of the site. The applicant shall provide base flood elevation and floodway data from a professional engineer licensed in the State of Idaho. All lots that are affected by the flood plain shall provide Base Flood Certification prior to obtaining building permits. b. Staff Recommendation: Staff recommends approval of the subject applications AZ -06-026 and PP -06-025 with the conditions listed in Exhibit B of the Staff Report for the hearing date of September 19, 2006. The Meridian Planning and Zoning Commission heard these items on August 17, 2006. At the public hearing they moved to recommend approval On September 19. 2006 the Meridian City Council voted to approve the subiect applications with a requirement in the Development Agreement to extend the entryway corridor design standards to all lots on the property. 11. EXHIBITS A. Drawings 1. Preliminary Plat (dated: June, 2006) 2. Landscape Plan (dated: June 15, 2006) 3. Conceptual Site Plan and Elevations (dated: September 13, 2006) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Legal Description D. Required Findings from Zoning Ordinance Cope Subdivision AZ -06-037, PP -06-035 PAGE 8 CITY OF MERIDIAN PLANNWEPARTMENT STAFF REPORT FOR THE HEARINGOTE OF SEPTEMBER 19, 2006 A. Drawings 1. Preliminary Plat (dated: June, 2006) Exhibit A — Page I CITY OF MERIDIAN PL DEPARTMENT STAFF REPORT FOR THE HEARINVATE OF SEPTEMBER 19, 2006 2. Landscape Plan (dated: June 15, 2005) 6-: 41 �mleN I'RELIMIMLIM APE PLAN 7 INABY FLAT 0 u cq �I j OOPS SUBDIVIMON IIT�WANG ' Exhibit A — Page 2 CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HEARING'IfATE OF SEPTEMBER 19, 2006 3. Conceptual Site Plan and Elevations (dated: September 13, 2006) $ 9 COPE ffi6D1VOM Larson Archilects, P..4 _ RONALD VAN p�FL NG. �� �.b: �• as rw. n...- --' I — --- I I OVBiL11ND AND l�At'1 ROAD � ato u�o suHr U M N ®ANO llo[u. (de8c Batll ' I Casal rs-tsoa � �..-- Exhibit A — Page 3 V b a O 1+-,' G n 1 I I C L1LL1.11: � r O m � 4 4 `^m C 0 U N T r Ir RRA CL' PL $ 9 COPE ffi6D1VOM Larson Archilects, P..4 _ RONALD VAN p�FL NG. �� �.b: �• as rw. n...- --' I — --- I I OVBiL11ND AND l�At'1 ROAD � ato u�o suHr U M N ®ANO llo[u. (de8c Batll ' I Casal rs-tsoa � �..-- Exhibit A — Page 3 CITY OF MERIDIAN PI,ANMDEPARTMENT STAFF REPORT FOR THE HEARINOATE OF SEPTEMBER 19, 2006 Exhibit A — Page 4 __4IAI01AIA11®IIAIAm11mIn111m1UN1d111101MInmImnN1111pIWIlNA1g1A111AlIIlnAlltl®®1 in.= III ... .. �n■■G ..... ... ... ■�q ■ .c . ... ■■G�■ ...• :. ... ©■�G■■�u�■GG■�G�■■Q �,o■�■l���iwnGin� l■..�.o. �G ➢■■f1G■■fJQ■■G u-G �zowo�■s�G���•��� •, .jj �(�a���9t9��■�■■a■■f©1�s�■•��■Ew3�Q��■��■e�.Gi,�■■•�■��o3�'i�i�is�"/� ���d��.���„�I�III�Wh�'I��i ■_ Q 0■G4F■i — �m�■1GG■■G■■►M■ ��wruIw9 ■0 a ME1R I �■1 rllli.� �o �� ��I,�m�n ImA InnA1.�Ignnll�mnunAlmluhmmnuu�mnmmllnmm�nnlalulmlmlum�..� ....................................................... r _ :.I. _ - �■R' Yl tY �iG■�©�■�GG■■►�tl■■GG■■GG■��G■■iG■■�G■m®1{9nfln Y1. YI i w•�w�• Y 1 1 Y I� _ �Iwhlrr111r�iw�Yliw��.s•�w�w. _� ■®���©►9��►iR� � G� ���9G��q .�w� ��GQ■■1 9��►�p��RILE w�•/w_•�w��1taS���io�Lw�l�w�+ww.� ��dG7���0�■►riGi■■©0■■L1p■�9■ ... 8100, ■RG■■fl © ■!3G■�i0 ■_r ■_■GG■■Q�■�pG■■f1G■■0 ■_■6G■��0■■OG■■01■■ldG■■r0■ n' �„ ��.��. �Y6Q■■fly■IGQ■■off■■oe�■■off■f�7�c■■©�■��■�r�,v� -malmll®Im�nllnmriln;.:.a_ ,u"m191111111�I11111AmAnn.._ .... inl mIU11nInA—Iln..iit111Allhillll —WH lllllllllr... �u�ilA�ll ........ .. 1 II IIIIIYe L . lue �.��>�� ���� . ng�r;mlll�lllpll�ffl611 Illltu . Exhibit A — Page 4 CITY OF MERIDIAN PLANN*EPARTMENT STAFF REPORT FOR THE HEARING TE OF SEPTEMBER 19, 2006 RULMG as Exhibit A — Page 5 r an CITY OF MERIDIAN PLDEPARTMENT STAFF REPORT FOR THE HEARINVATE OF SEPTEMBER 19, 2006 B=NG R3 Exhibit A — Page 6 fi 2 a<- vi z 0> 00 CITY OF MERIDIAN PLANNLOEPARTMENT STAFF REPORT FOR THE HEARINGIRTE OF SEPTEMBER 19, 2006 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 ANNEXATION COMMENTS Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney Bill Nary at 888-4433 to initiate this process within 444penths 90 days of City Council approval of the annexation request The DA shall incorporate the following: • All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • All future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. • The applicant will be responsible for all costs associated with the sewer and water service extension. • Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. • Prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. • All proposed off-site road improvements to S. Country Terrace Place and associated landscape buffer proposed on the site/landscape plans dated June, 2006 shall be constructed prior to any certificate of occupancy. • A 25 feet wide eemmeFeW dFive aisle, sewer-, and water- sh" be stHbbed to the pr-ep lee-ated at 130 E. Oye..i ..a Read. • Development of the property shall comply substantially with the conceptual elevations to be provided by the applicant at the Planning and Zoning hearing and prior to approval of the preliminary plat by the Commission. Provide Staff with elevations ten (10) days prior to City Council meeting. • Per UDC 11-3A-19, the all structures within the development alene E. Overjand Read and shall be subiect to administrative design review and a Design Review application shall submitted concurrently with the applications for Certificate of Zoning Compliance. 1.2 SITE SPECIFIC REQUIREMENTS—PRELIMINARY PLAT 1.2.1 The preliminary plat prepared by Munger Engineering Inc., dated June, 2006, is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation/Zoning (AZ -06-037) shall also be considered conditions of the Preliminary Plat (PP -06-035). 1.2.2 The applicant shall modify the plat to include a cross access/parking easement for all lots within the subdivision. 1.2.3 The proposed driveway on East Overland Road shall be right-in/right-out only. Direct lot access to East Overland Road shall be prohibited and should be noted on the final plat. Exhibit B — Page 1 CITY OF MERIDIAN PLAADEPARTMENT STAFF REPORT FOR THE HEARINOATE OF SEPTEMBER 19, 2006 1.2.4 Construct South Country Terrace Place as one half of a 41 -foot street section within 54 -feet of right-of-way to align with the public stub street from Country Terrace Subdivision to the south and construct curb, gutter and sidewalk to match existing improvements. 1.2.5 The landscape plan prepared by South Landscape Architecture, P.C., on June 15, 2006, is approved with the following modifications/notes: Landscape plans shall be submitted with the Certificate of Zoning Compliance applications for the development which comply with City Code. Specifically, the submitted conceptual site plan does not provide landscape islands and associated vegetation as required by UDC 11 -3B -8C2. 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. 1.2.6 The applicant shall provide base flood elevation and floodway data from a professional engineer licensed in the State of Idaho. All lots that are affected by the flood plain shall provide Base Flood Certification prior to obtaining building permits. 1.3 GENERAL REQUIREMENTS—PRELIMINARY PLAT 1.3.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.3.2 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 1.3.3 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application. 1.3.4 The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences should taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing should be installed in accordance with UDC 11-3A-7. 1.3.5 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.3.6 All irrigation ditches, laterals or canals, exclusive of the Ten Mile Stub Drain, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 1I - 3A -6, unless otherwise approved by Nampa Meridian Irrigation District. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch Exhibit B — Page 2 CITY OF MERIDIAN PDEPARTMENT STAFF REPORT FOR THE HEARINQ'1SATE OF SEPTEMBER 19, 2006 owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.3.7 Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.3.8 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of the trunk main located on the west side of the Ten Mile Drain. The applicant shall install all mains necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in E. Overland Road and S. Country Terrace. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 A portion of this site is encumbered by an AE flood zone, the final plat for this development shall include the Firm map number that shows this flood plain. All lots that are affected by the flood plain shall provide Base Flood Certification prior to obtaining building permits. 2.4 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.5 The applicant shall provide a 20 -foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.6 The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. If it is to be owned and maintained by an Irrigation District then a letter of plan approval shall be submitted prior to scheduling of a pre -construction meeting. 2.7 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.8 All existing structures not meeting setbacks or meeting the dimensional standards of the UDC shall be removed prior to signature on the final plat by the City Engineer. 2.9 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. Exhibit B — Page 3 CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HEARINOTE OF SEPTEMBER 19, 2006 2.10 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways and the Ten Mile Drain, 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. 2.11 As each lot develops a drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.12 Street signs are to be in place, water system shall be approved and activated, and the road base shall be sufficiently installed to allow for emergency vehicle access, prior to applying for building permits. 2.13 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.14 Sewer, water, pressurized irrigation, and any life safety development improvement shall receive final approval prior to occupancy. Other required development improvements, such as fencing, micropaths, and landscaping may be bonded for prior to obtaining certificates of occupancy. 2.15 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 2.16 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.17 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.18 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.19 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.20 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.21 One hundred watt, high-pressure sodium streetlights, on 25' pole shall be required on all public residential streets. Two -hundred and fifty watt high pressure sodium streetlights, on 30' pole shall be required on subdivision entrances and collector roadways. Design of the streetlights shall be approved by the Public Works Department. Decorative lights require a streetlight agreement on file with Public Works prior to activation. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants, and no further than 400' distance in between locations. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain approval from the Public Works Department, and permit from Building Department prior to Exhibit B — Page 4 CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HEARINOTE OF SEPTEMBER 19, 2006 commencing installations. 3. 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 %z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on comers when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3. The phasing plan may require that any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. 4. All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 5. All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 6. For all Fire Lanes, provide signage "No Parking Fire Lane". 7. Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 8. 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. 9. Maintain a separation of 5' from the building to the dumpster enclosure. 10. Provide a Knox box entry system for the complex prior to occupancy. 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). 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. 13. 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. 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 Exhibit B — Page 5 CITY OF MERIDIAN PLANNRDEPARTMENT STAFF REPORT FOR THE HEARING"ffATE OF SEPTEMBER 19, 2006 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. 17. Buildings over 30' in height are required to have access roads in accordance with Appendix D Section D105. 4. POLICE DEPARTMENT 1. The loading areas shall be separated from all public parking areas. Access to E. Oveland Road should not be permitted. 5. PARKS DEPARTMENT 1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 2. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 6. SANITARY SERVICE COMPANY 1. 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 Restrict the turning movement of the driveway located at the south property line to right -in and right -out only by means of a center median. The applicant may enter into a road trust with the district for the actual installation of the median with the intersection project. 2. Construct South Country Terrace Place as one half of a 40 -foot street section within 54 -feet of right-of-way complete with vertical curb, gutter and 5 -foot attached concrete sidewalk to match the existing improvements. East Overland Road is classified as a Principal Arterial roadway: all access points to East Overland Road will be closed except the access specifically approved with this application: direct lot access to West Overland Road is prohibited and should be noted on the final plat. 4. Comply with District Driveway Policy. 5. Comply with District Tree Planter Width Interim Policy. 6. Comply with all Standard Conditions of Approval. Standard Conditions ofApproval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. Exhibit B — Page 6 CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HEARINGOATE OF SEPTEMBER 19, 2006 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, District's Tree Planter Width Policy prohibits all trees in planters less than 6 -feet in width. In addition to prohibiting trees in planters less than 6 -feet in width, the policy requires a minimum planter width of 6 -feet for class II tress with the installation of root barriers on both sides of the planter strip or a minimum planter width of 8 -feet without the installation of a root barrier. The policy also requires Class I and Class III trees to provide a minimum planter width of 10 -feet. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 8. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 9. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 10. Payment of applicable road impact fees is required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 11. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLM (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 12. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 13. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Exhibit B — Page 7 CITY OF MERIDIAN PLANNINDEPARTMENT STAFF REPORT FOR THE HEARIATE OF SEPTEMBER 19, 2006 C. Legal Description P.N. 2274 doib ern !. Write consu ting. tic engineers & surveyors 120 N. Curtis Road Boise, Id. 83706 (208) 376-8555 Fax (208) 429-9862 ANNEXATION DESCRIPTION FOR COPE PROPERTY BOUNDARY JUNE 13, 2006 A PARCEL OF LAND BEING A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER (GOVERNMENT LOT 4) OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AND MORE PARTICULARY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 18, THENCE NORTH 89° 43'32" EAST ALONG THE SOUTH BOUNDARY OF SAID SECTION 18 FOR A DISTANCE OF 174.30 FEET, TO THE REAL POINT OF BEGINNING; THENCE NORTH 89° 43'32" EAST ALONG SAID SOUTH BOUNDARY FOR A DISTANCE OF 457.98 FEET; THENCE NORTH 0016'28" WEST FOR A DISTANCE OF 45.00 FEET; THENCE NORTH 39.35.14 -EAST (FORMERLY SHOWN OF RECORD AS NORTH 39033'22" EAST) FOR A DISTANCE OF 15.96 FEET; THENCE NORTH 0°45' 10" EAST (FORMERLY SHOWN OF RECORD AS NORTH (r13' WEST) FOR A DISTANCE OF 368.65 FEET; THENCE SOUTH 89028'41" WEST (FORMERLY SHOWN OF RECORD AS SOUTH 88°42' WEST) FOR A DISTANCE OF 569.41 FEET; THENCE SOUTH 52°04'56" EAST (FORMERLY SHOWN OF RECORD AS SOUTH 53°07' EAST) FOR A DISTANCE OF 29.41 FEET; THENCE SOUTH 25°42-56" EAST (FORMERLy SHOWN OF RECORD AS SOUTH 26°45' EAST) FOR A DISTANCE OF 60.00 FEET; THENCE SOUTH 9°02'04" EAST (FORMERLY SHOWN OF RECORD AS SOUTH 10°04' EAST) FOR A DISTANCE OF 300.02 FEET, TO THE NOR'T'H RIGHT OF WAY LINE OF OVERLAND ROAD; C:\ProjeasTope Property -Van Auker (2274)Wwjmrents\COPE BOUNDARY- ANNEX.doc-2 Exhibit C CITY OF MERIDIAN PLDEPARTMENT STAFF REPORT FOR THE HEARING'1TATE OF SEPTEMBER 19, 2006 THENCE SOUTH 00°16'28" EAST FOR A DISTANCE OF 54.50 FEET TO TIDE REAL POINT OF BEGINNING; CONTAINING 4.84 ACRES OF LAND, MORE OR LESS. Wi 7:;:1i TODD R. WAITE P.(,.5. � App�1VP'�l B Q\Proj"\Cope Property -Ven Auker (2274)\Dom=uu\COPE BOUNDARY- ANNEX.doc-2 Exhibit C CITY OF MERIDIAN PLDEPARTMENT STAFF REPORT FOR THE HEARINGTIATE OF SEPTEMBER 19, 2006 T E N _ �.� S W W2V E tOAAW 31 Exhibit C as Y Ag S Y b ' o m a g 'Id 30ratl3t tatHnoa s I I 3 ^W40 N .I { �I I I ■ F+ I e�l w� I i 41 T E N _ �.� S W W2V E tOAAW 31 Exhibit C as Y Ag S CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HEARINOTE OF SEPTEMBER 19, 2006 D. Required Findings from Zoning Ordinance 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to C -G. 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 the proposed C -G zone, if designed, constructed and operated in accordance with adopted city ordinances, should be harmonious and appropriate in appearance with the intended character of the vicinity. 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. 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). 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 C- G would be in the best interest of the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; The applicant has not submitted elevations for the proposed commercial business park. The applicant will be required to use the design guidelines for commercial projects along gateway corridors when designing building facades as detailed in the Annexation analysis. Council generally supports the proposed plat layout as it complies with the Exhibit D CITY OF MERIDIAN PI.DEPARTMENT STAFF REPORT FOR THE HEARINOATE OF SEPTEMBER 19, 2006 provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services are available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; The Commission and Council 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 A portion of this site is encumbered by an AE flood zone. Council believes the applicant should provide base flood elevation and floodway data from a professional engineer licensed in the State of Idaho to determine whether the proposed development may result in physical damage to any property. 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 Council is unaware. 6. The development preserves significant natural, scenic or historic features. The Ten Mile Drain runs through the western portion of the property and two of the proposed building lots. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which Council is unaware. Exhibit D • 1i September 29, 2006 AZ 06-9 MERIDIAN CITY COUNCIL MEETING October 3, 2006 APPLICANT Centennial Development, LLC ITEM NO. 54 REQUEST Development Agreement -- Request for Annexation and Zoning of 19.57 acres from RUT to R-8 zones for Cedarcreek Subdivision — 470 West McMillan AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Development Agreement Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 45 BOISE IDAHO 11122JO6 06:29 AM DEPUTY Bonnie Oberbillig III IIIIIIIIIIIIIIIIIIIIIIIIII+III I III RECORDED -REQUEST OF 106183582 Meridian CIN DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Liberty Development, Owner 3. Centennial Development, LLC, Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this 2 7'"` day ofc4o b-h..j2006, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called "CITY", Centennial Development, LLC, whose address is 36 E. Pine Street, Meridian, Idaho 83642, hereinafter called "DEVELOPER", and Liberty Development, LLC, whose address is 36 E. Pine Street, Meridian, Idaho 83642, hereinafter called "OWNER". 1. RECITALS: 1.1 WHEREAS, "Owner" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that the "Developer" and/or "Owner" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of the Meridian Unified Development Code, which authorizes development agreements upon the annexation and/or re- zoning of land; and 1.4 'WHEREAS, "Developer" has submitted an application for annexation and zoning of the "Property's" described in Exhibit A, and has requested a designation of (R-8) Medium Density Residential District, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Developer" and/or "Owner" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the DEVELOPMENT AGREEMENT (Az 06-009) CEDARCREEK SUBDIVISION PAGE 1 OF 11 subject "Property" will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the a day of August, 2006, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the Findings require the "Developer" and/or "Owner" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "DEVELOPER" and/or "OWNER°' deem it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at their urging and requests; and 1.10 WHEREAS, "City" requires the "Developer" and/or "Owner" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re- zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-3 82, and the Zoning and Development Ordinances codified in Meridian City Code Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contrdctual and binding and are incorporated herein as if set forth in full. I:IEVELOPMENT AGREEMENT (AZ 06-009) C1;DARCREM SUBDIVISION PAGE 2 OF 11 • L] 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "DEVELOPER": means and refers to Centennial Development, LLC, whose address is 36 E. Pine Street, Meridian, Idaho 83642, the party developing said "Property' and shall include any subsequent developer(s) of the "Property". 3.3 "OWNER": means and refers to Dalice Chester, whose address is 470 W. McMillan Road, Meridian, Idaho 83642, the party that owns said "Property' and shall include any subsequent owner(s) of the "Property'. 3.4 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned R-8 (Medium Density Residential District) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section 11 which are herein specified as follows: Construction and development of a residential subdivision with 85 single-family residential building lots and 12 other lots in a proposed R-8 Zone pertinent to this AZ 06-009 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: DF,VF.I.OPMFNT AGRF.F.MFNT (AZ 06-009) C"MARC RRRK SURDIVNION PAGF. 3 OF 11 5.1. "Developer" and/or "Owner" shall develop the "Property" in accordance with the following special conditions: 5.1.1 That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 5.1.2 That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of the development. 5.1.3 That the applicant be responsible for all costs associated with the sewer and water service extension. 5.1.4 That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 5.1.5 That prior to annexation, the applicant agrees to record a property boundary adjustment to include the 50' strip of land to the southwest with the neighboring outparcel. This piece shall not be included in annexation or development of Cedarcreek Subdivision. 5.1.6 That prior to issuance of any building permit, the subject property shall be subdivided in accordance with the City of Meridian Unified Development Code. 5.1.7 That the applicant agrees to provide a sidewalk to (,,Toss the outparcel which will connect Paramount South 60 Subdivision with Cedarcreek Subdivision. The location of the sidewalk is to be determined by ACHD and the neighbors, Carl and Bonnie Reiderman. 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Developer" and/or "Owner" or "Developers" and/or "Owners" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is effective, and after the "City' has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. DEVELOPMENT AGREEMENT (AZ 06-009) CEDARCREEK SUBDIVISION PAGE 4 OF 11 0 • 7. CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Developer" and/or "Owner" consents upon default to the reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to -wit: 7.1 That the "City" provide written notice of any failure to comply with this Agreement to "Developer" and/or "Owner and if the "Developer" and/or "Owner" fails to cure such failure within six (6) months of such notice. S. INSPECTION: "Developer" and/or "Owner" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 9. DEFAULT: 9.1 In the event "Developer" and/or "Owner", or "Developer's" and/or "Owner's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by "City" of any default by "Developer" and/or "Owner" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "'City" or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Developer's" and/or "Owner's" cost, and submit proof of such recording to "Developer" and/or "Owner", prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the `Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. DF.VEL.OPMENT AGREEMENT (AZ 06-009) CEDARCREEK SUBDIVISION PAGE 5 OF 11 11. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein.. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Developer" and/or "Owner", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Developer" and/or "Owner" shall have thirty (3 0) days after delivery of notice of said breach to correct the same prior to the non -breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (3 0) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either "Developer" and/or "Owner" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The "City' may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code, to insure that installation of the improvements, which the "Developer" and/or "Owner" agree to provide, if required by the "City". 14. CERTIFICATE OF OCCUPANCY: The "Developer" and/or "Owner" agree that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Developer" and/or "Owner" has entered into an, addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 15. ABIDE BY ALL CITY ORDINANCES: That "Developer" and/or "Owner" agree to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de -annexation if the owner or his assigns, heirs, or successors shall not meet the DEVELOPMENT AGREEMENT (AZ 06-009) CEDARCREEK SUBDIVISION PAGE 6 OF 11 conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 OWNER: Liberty Development, LLC 36 E. Pine Street Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 DEVELOPER: Centennial Development, LLC 36 E. Pine Street Meridian, ID 83642 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. 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 DEVELOPMENT AGREEMENT (AZ 06-009) CEDARCREEK SUBDMSION PAGE 7 OF 11 0 • constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the "Developer" and/or "Owner" of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Developer" and/or "Owner", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Developer" and/or "Owner" has fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreement%, condition and understandings between. "Developer" and/or "Owner" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Developer" and/or "Owner" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 21.1 No condition governing the uses and/or conditions governing re -zoning of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ 06-009) CEDARCREEK SUBDIVISION PAGE 8 OF 11 9 • ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove .provided. CITY OF MERIDIAN BY: MAYO T de WEERD . C, Attest:���t0irrrrullr/OF ��,�f��//. I CITY CLERK - BRAL T ISA, DEVELOPMENT AGREEMENT (AZ 06-009) CEDARCREEK SUBDMSION OF 11 //-/-f-O d I LLL PAGE 9 • 0 STATE OF IDAHO, ) . ss County of Ada, ) On this �Iday of ,% 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared. known or identified to me to be the 1 ~c of Centennial Development, LLC, acknowledged to me that th y executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificat above written. IF of#01AIt,, Map rUgL�G rB OF gyp* TATE OF IDAHO, ) ss Ada, ) NbTary Rublic for Idahb Residin at: _BO, :yE My Commission Expires: Li -3. y this day of 2006, before me, the undersigned, a No blic in and for said State, personally appeared Dalice Chester, known or identified to me acknowledged to me that he executed the same. IN WITNESS WH OF, I have hereunto set my hand and affixed my official seal the day and year in this certh to first above written. (SEAL) Notary Public for I Residing at: My Commission Expires: DEVELOPMENT AGRF.F,MFNT (AZ 06-009) CFDARCRFFK STTBDTVTS10N PAGR 10 OF 11 9 • STATE OF IDAHO ) ss County of Ada ) On this day of_bjy , 2006, before me, a Notary Public, personally appeared Tammy de Weerd and William G. Berg, Jr., know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. SEAL ;�'; ' • { ) �' : otary Public for Idaho • Residing at: j D Commission expires: ►(a- j j-.� I i G "Poe °�. me DEVELOPMENT AGREEMENT (AZ 06-009) CEDARCREEK SUBDIVISION PAGE 11 OF 11 Parcel 1 Boundary Description Liberty Development Property A parcel located in the S 1/2 of the SW 1/4 of the SE 1/4 of Section 25, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monument marking the southwest corner of said S 1/z of the SW 1/4 of the Sl� 1/4 (1/4 Comer), from which a 5//8 inch diameter iron pin marking the southeast corner of said S 1/2 of the SW 1/4 of the SE 1/4 bears S 89054'20" E a distance of 1340.90 feet; Thence S 89054'20" E along the southerly boundary of said S 1/2 of the SW 1/4 of the SE 1/4 a distance of 200.20 feet to a 5/8 inch diameter iron pin and the POINT OF BEGINNING; Thence leaving said southerly boundary N 090540" E a distance of 320.40 feet to a 5/8 inch diameter iron pin; Thence N 89054'20" W a distance of 200.20 feet to a 5/8 inch diameter iron pin on the westerly boundary of said S 1/2 of the SW 1/4 of the SE 1/4; Thence N 0005'40" E along said westerly boundary a distance of 339.64 feet to a 5/8 Inch diameter iron pin marking the northwest corner of said S 1/2 of the SW 1/4 of the SE 1/4; Thence S 89054'17" E along the northerly boundary of said S 1/z of the SW 1/4 of the SE 1/4 a distance of 1339.99 feet to a 5/8 inch diameter iron pin marking the northeast corner of said S 1/2 of the SW 1/4 of the SE 1/4; Thence S 0°00'55" W along the easterly boundary of said S 1/2 of the SW 1/4 of the SE 1/4 a distance of 660.02 feet to a 5/8 inch diameter iron pin marking the southeast corner of said S 1/2 of the SW 1/4 of the SE Y4; Thence N 89054'20" W along the southerly boundary of said S 1/2 of the SW 1/4 of the SE 1/4 a distance of 1140.70 feet to the POINT OF BEGINNING. This parcel contains 18.84 acres and is subject to any easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC Revised — May 23, 2006 RE �ROVAL BY MERIDIAN PUBLIC WORKS DEPT. L n4iOltit't ons Liberty Deveiopment/Reiterman LLA �a s ow Cw0d s Job No. 04-43 • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER • RECEIVED AUG 03 Zoos 't3►' Meridian f' ark Office 1 V Y �u.Wa ri In the Matter of Annexation and Zoning of 19.57 acres from RUT (Ada County) to R-8 (Medium Density Residential) AND Preliminary Plat approval of 85 single-family presidential building lots and 12 other lots on 19.57 acres, for Cedarcreek Subdivision, by Centennial Development, LLC. Case No(s).: AZ•06-009 and PP -06-007 For the City Council Hearing Date of: July 18, 2006 (Findings approved on August 8, 2006) A. Findings of fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 18, 2006, incorporated by reference) 2, Process Facts (see attached Staff Report for the hearing date of July 18, 2006, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 18, 2006, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 18, 2006, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975,'° codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council talo 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 -SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE N O(S). AZ -06-009 / PP -06.007 - PAGE 1 of 4 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and theft a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of July 18, 2006, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated December 21, 2005, is hereby conditionally approved; 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of July 18, 2006, incorporated by reference. D. Notice of Applicable Time Limits (as applicable) 1. Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B - 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and and plat or short plat to comply with the current provisions of Meridian City Code CITY OF MERIDIAN FINDINGS OF PACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-009 / PP -06-007 - PAGE 2 of 4 r i 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 Lull the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of July 18, 2006 CrrY OF MEW AN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO (S). AZ46-009 / PP406-007 - PAGE 3 of 4 • By action of the City Council at its regular meeting held on the 2006. COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER JOE BORTON COUNCII, MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIEBREAKER MAYOR TAMMY de WEERD E 8A; day of VOTED ISL .�A, VOTED ®R./ VOTED_ VOTED VOTED MAYOR TAMY de WEEP ./• 1 �n1�u,,ii, ATTEST: �.�``'{ LW �''4,. V71IAM G. BERG, JR., CLEF.!- Copy served upon: _% Applicantv,I� �. Planning DeP��Tr i i i►++++++`• _yam Public Works Department y/ City Attorney By:% Dated: "An -OLP Clerk's Office CITY OF MERIDIAN IgNDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06409 / PP -06-007 - PAGE 4 of 4 CITY OF MERIDIAN PLANA DEPARTMENT STAFF REPORT FOR THE &ING DATE OF 7/18/06 STAFF REPORT Hearing Date: July 18, 2006 TO: Mayor & City Council FROM; Joe Guenther & Amanda Hess Associate City Planners Meridian Planning Department SUBJECT Cedarcreck Subdivision AZ -06-009 Annexation of 19.57 acres from RUT to R-8 PP -06-007 p�► CIT 1F y a uxrr Y„ 8.5 Single-family residential lots and 12 other lots L SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The request is for au maation and zoning of 19.57 acres of land that is currently zoned RUT in Ada. County. The applicant is seeking an R-8 zone (Medium Density Residential District) for the entire parcel. The applicant has submitted a preliminary plat for the subject property for 85 single-family lots all with detached products, and. 12 common/other lots on 19.57 acres. Amenities for the development include an open space lot witdt a tot lot and parkway planters adjoining the streets. 2. SUN V1ARY RECOMMENDATION: The City of Meridian Planning & Zoning Commission is recommending approval of the subject annexation and zoning (AZ -06.009 -Revised), preliminary plat (PP -06 -007 -Revised) for the reasons listed herein and subject to the conditions of approval listed The applicant proposes to sewer this development via extensions of mains in Paramount Subdivision and water mains in McMillan Road. The Meridian Planning and Zoning Commission beard the itemon March 16 2006 and continued the public hearing Lo Apr LO,, May 18 and June 1 2006 At the June 1 2006 meeting the Commission moved to recommend approval of said applications subject tp a Development Agreement as described in Section 9a.15 of this Staff Rwort. in addWRn to the conditions listed in Elcltib- B. a. Summary of Public Hearings: i. In favor. Shawn Nickel (Applicant's Representative) u. In opposition: Carl Reiderman, Bonnie Reid=um, Doug Eden iii. Commenting: None iv. Staff presenting application: Joe Guenther, Caleb Hood v. Other staff commenting on application: None b. Key itssues of Discussion by Commission: i. Landscape Plan not accepted by Staff; ii. Sewer connections not available until Paramount develops; iii. Out parcel to not be included in proposed development; and iv. Sidewalk proposed to cross neighboring outparcel. c. Key Commission Changes to Staff Recommendation: i. Prior to annexation ordinance approval, the applicant shall enter into a development agreement which stipulates the following: A. The applicant agrees to record a property boundary adjustment to include the 50' strip of land to the southwest with the neighboring outparod. This piece Cedam meek Subdivision A7-06409/PP406-007 PAGE 1 CITY OF MERIDIAN PLANNA DEPARTMENT STAFF REPORT FOR THE h1QRING DATE OF 7/18/06 shall not be included in annexation or development of Cedarcreek Said Property boundary adjustment shall be recorded prior to annexation of the remainder Cedarcreek property. B. The applicant agrees to construct a sidewalk which will cross in front of the out parcel and connect Paramount South 60 with the development of Cedarcreck Subdivision. The location of said sidewalk is to be determined by ACHD and the neighbors. Carl and Bonnie 116derman. CL Outstanding Issues) for City Council: i. None PROPOSED MOTIONS (to be considered after the public hearing) Approval After considering allstaff, applicant and public testimony, I move to approve Filc Numbcr(s) AZ- 06-009/PP-06-007 as presented in the staff report for the hearing date of July 18, 2006, and the preliminary plat labeled C-1, dated December 21, 2005, with the following modifications to the conditions of approval: (add any proposed modifications). Denial After considering all staff applicant and public testimony, I move to deny File Number(s) AZ-06- W9/PP-06-007 as presented during the hearing on July 18, 2006, for the following reasons: (you should state specific reasons for denial of the annexation or plat.) Continuance After considering all staff, applicant and public testimony, I move to continue File Number(s) AZ-06-009/PP-06-007 to the hearing date of (Insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance.) 3. APPLICATION AND PROPERTY FACTS a. Site Addreml ocatiow N central location off of McMillan Road and % mile west of Meridian Road S1/2 of the SWI/4 of the SW % of 4NIW25 b. Owner Dalice Chester 470 W. McMillan Rd Meridian, Idaho 83642 c. Applicant: Centennial Development, LLC 36 E. Pine Street Meridian, Idaho 83642 Agent: Shawn Nickel Land Consultants Inc. 52 N. 2nd street Eagle, Idaho, 83616 d. Representative: Shawn Nickel, Land Consultants, Inc e. Present Zoning: COUNTY- RUT L Present Comprehensive Plan Designation: Medium Density Residential- North Meridian Comprehensive plan Amendment g. Description of Applicant's Request: Caderae* Subdivision AZ-06-M/PP4V).M PAGE 2 CITY OF MERIDIAN PLANA DEPARTMENT STAFF REPORT FOR THE SKING DATE OF 7/18/06 1. Date of preliminary plat (attached as Exhibit Al): December 21, 2005. 2. Date of landscape plan (attached as Exhibit A2): January 13, 2006 h. Applicant's Statement/Justification: The proposed overall density (4.34 dwellings per acre) of the project complies with the City's designation of Medium Density Residential, which allows for residential densities which allows 3 to 8 dwellings per acre. We believe the use of the project will provide a development which will complement the surrounding land uses and will be a compatible continuation of the Paramount project north and east of the site. 4. PROCESS FACTS a. The subject application will in fad constitute an am wcation and/or rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 6, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: March 13, 2006, and February 27, 2006 (for Planning & Zoning Commission hearing), and June 26, 2006, and July 10, 2006 (for City Council hearing) d. Radius notices mailed to properties within 300 feet on: February 22, 2006 (for Planning & Zoning Commission hearing), and June 23, 2006 (for City Council hearing) e. Applicant posted notice on site by: February 27, 2006 (for Planning & Zoning Commission hearing), and July 10, 2006 (for City Council hearing) 5. LAND USE a. Existing Land Use(s): Agricultural b. Description of Character of Surrounding Area: AgriailturaWrbanizing c. Adjacent Land Use and Zoning 1. North: Paramount Subdivision, R-8 2. East: Paramount Subdivision, R-40 3. South: Cedar Springs Subdivision #4 and #5- R-8 and L-0 4. West: Agricultural Ada County RUT d. History of Previous Actions: N/A e. Existing Constraints and Opportunities 1. Public Works Location of sewer. This property is planned to sewer to future mains extended from the Paramount Subdivision to the north. Location of water: There is currently a water main in W. McMillian Road, and future connections from planned mains in Paramount. Issues or concerns: This development is not sewerable until Paramount brings sewer mains down to this development. 2. Vegetation: Agricultiral/frtigated Coderemek Subdivision AZ-06.M/PP-06.007 PAGE 3 CITY OF MERIDIAN PLANGG DEPARTMENT STAFF REPORT FOR THEIARING DATE OF 7/18/06 3. Flood plain: NA 4. Canals/Ditches Irrigation: Letup Canal Local Lateral 5. Hazards: None Identified 6. Proposed Zoning: R-8 7. Size of Property: 19.57 acres 8. Description of Use: 85 single family residential lots f. Subdivision Plat Information I. Resided Lots: 85 2. Non residential Lots: 4- Future ROW lots 3. Common Lots: 8 4. Total Lots: 97 5. Gross Density: 4.34 units per acre g. Landscaping 1. Width of street bui%r(s): 30 feet (25 required) on McMillan Road. 2. Width of buffer(s) between land uses: None required (all residential) 3. Percentage of site as uscable open space: The applicant has defined 1.12 acres or 5.7'/0 open space, Lot 18 Block 6, Lot 14 Block 2, and parkways (See section 5-h for additional analysis) 4. Other landscaping standards: The landscape architect shall certify that one tree per 8,000 square feet of lawn has been provided on the landscape plan. Lot 9, Block 1 shown as a non -buildable parcel to be retained by the developer this lot shall be landscaped with lawn or other vegetative undercover until such, time as the parcel may be incorporated into a larger open space lot or platted as a buildable lot. The existing canal on Lot 9 Block 1 shall be tiled as per UDC 11-3A-6. h. Required Open Space. The applicant is required to provide a minimum of five percent qualified open space. UDC I I.3G-3 A and B. The applicant is showing. Public Open Space Area: Lot 8 Block 3 as 36,786 sq/ft Collector Buffers. Lot 14 Block 2 — 2,700 sq/ft Lot 18 Block 6 -- 2,550 sq/ft Parkway planters along streets —1.14 acres or 49,658 sq/ft total. Minus 261x 8' x 69 14,352 sq/ft for 35,306 qualified sq/ft for the parkways on single-family detached, street loaded products. The total open space qualified is 77,342 sq/ft for 9.0% qualified open space. Cedmav* Subdivision AZ-06-009/PP-06-007 PAGE 4 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THEOARING DATE OF 7/18/06 i. Amenities - The applicant is required to provide one qualified amenity for single family residential subdivisions that are under 20 acres in area. The applicant is showing quaKed site amenities as follows: 11 -3G -3C-1— Quality of Life Amenities — None 11-30-3C-2 -- Recreation A =)Jties — children's play structures 11 -30-3C-3 — Podestrian Amenities — None Amenities shall be generally located in centrally accessible locations and all common areas shall be maintained by the Cedarcreek Homeowners Association. The applicant is proposing the tot lot as the required amenity. j. Proposed and Required Residential Standards R-8 (Standards) Setbacks (*all streets local) Proposed Required ** measured from back of sidewalk Street setback to Living Area ** 15 15 Side Accessed Garage** 15 15 Front Accessed (Menge** 20 20 Side 4 4 Rear 12 12 Street frontage — With garage facing street 50 50 With alley loaded 40 40 T.At 3i7e —SF detached With garage facing street 5,000 5,000 Alley Loaded 4,680 4,000 Maximum Building Height 35 35 IL Proposed and Required Non -Residential Non-residential lots are to be used for amenities and open space. Except the lots proposed to be retained by the developer which shall comply with the required improvements listed in this report. Lots to be retained by the developer for future right of way acquisition shall comply with all ACHD conditions of approval. 1. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Direct lot access to McMillan is to be prohibited, including Lot 9 Block 1. Access to Paramount subdivision is as proposed with connections at Seel Way, Silverspruce and Street E. A stub street with full services shall be provided to the property excluded at the south west listed as Reiterman property and shown as Ramsbrock Street. For a detailed report on the public streets and access points to public streets, please the Ceduavok Subdivision AZ-06-M/PP-06.007 PAGE 5 CITY OF MERIDIAN PLAN& DEPARTMENT STAFF REPORT FOR THAARING DATE OF 7/18/06 attached star report from the Ada County Highway District (Exhibit Q. 6. AGENCY COIVIIVIENTS bMETING On February 24, 2106 staff held an agency comments meeting, all agencies attending provided comments as attached in Exhibit B. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 7. COMPREHENSIVE PIAN POLICIES AND GOALS The subject site is designated `Medium Density Residential' on the North Meridian Comprehensive Plan Future Land Use Map. The Council approved the North Meridian Comprehensive Plan Amendment on March 7, 2006. In Chapter VII of the Comprehensive Plan, medium density is defined as areas including single-family homes at densities of three to eight dwelling units per acre. Staff finds that the proposed density of (4.34 d.uJacre) for the subject application conforms with the North Meridian Comprehensive purpose and intent. In the applicant's submittal letter, dated January 13, 2006 several Comprehensive Plan policies are listed (please see applicant's letter). Staff also finds the following 2002 Comprehensive Plan text policies to be applicable to this application (staff analysis is in italics below policy): • Require that development projects have .planned for the provision of all public services (Chapter VII, Goal IIx, 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 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 Sherirs Offlee. Once annexed the lands will be serviced by the Meridian Police Department (MPD). • The western roadway a&yacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACID). This service will not change. • The northern roadway adjacent to the subject lands are currently owned and maintained by the Idaho Transportation Department (!TD). This service will not change. • The subject lands are currently serviced by the .Meridian School District #1. 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 m f er 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 Cedamreek Subdivision AZ4)&M/PP-Q007 PAGE 6 CITY OF MERIDIAN PIAN& DEPARTMENT STAFF REPORT FOR THEPARIN{3 DATE OF 7/18/06 Wastewater Department, the Meridian Planning and Zoning Department, Meridian Utility Billing Services, and Sanitary Services Company. • `Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective A, Action item 2) Staff finds that McMillan Road will serve as the main access pointfor all the properties in this subdivision as well as a connection into the future collector road for Paramount Subdivision to the East of the site. The applicant is requesting to retain Lot 1, Block 6, Lot 9 Block S, and Lot 11 Block 1 of the design dated December 21, 2003. This lot should be noted on the plat that it is for fixture right of way reservation for when ACh D roadway improvements occur. The width of right of way reservations shall be as set forth by ACRD • "Require appropriate landscape and buffers along transportation corndozs (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4) As depicted on the Comprehensive Plan Future Land Use Map, the applicant is proposing to construct a 30 -foot wide landscape buffer along McMillan Road. Staff is supportive of these widths, as long as the entire buffer lies outside the ultimate right-of-way. S See Site Specific Conditions in the Preliminary Plat section below in Exhibit C. • "Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Centex for Bicycling and walling in all land use decisions." (Chapter VI, Goal II, Objective A. #3) This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is sqfe, accessible and convenient. The sidewalk connections shown on the landscape plan are disconnected by the out parcel along McMillan Road. Stoff has asked the applicant to work with the owners of the out parcel to facilitate a sidewalk connection through this site as it lies very near a future school site. This would be consistent with other out parcel developments in the near vicinity (Solitude Subdivision and Amber Creek Subdivision) • Protect existing residential properties from incompatible land use development on adjacent parcels (Chapter VII, Goal IV, Objective C, Action 1) All of the properties adjacent to the subject site are designated for medium density residential or neighborhood center uses on aha Comprehensive Plan Future Land Use Map. • 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 (Chapter VII, Goal IV, Objective C. Action 10) The subject property is designated Medium Density Residential on the North Meridian Future Land Use Map which identifies this area as an appropriate area for medium density residential development. This proposal meets the Comprehensive Plan definition of medium Ceda vivek Subdivision AZ-06-009/PP4"07 PAGE 7 CITY OF MERIDIAN PLAI-00 DEPARTMENT STAFF REPOItT FOR THEIARING DATE OF 7/18/06 density, with a gross density of 4.34 dwelling units per acre. Staff has reviewed Cedarcreek Subdivision under the Medium Density Residential North Meridian Future .Land Use Map designation and finds the application consistent with the comprehensive designation. Stqf finds that the proposed zoning and subsequent uses (single-family homes) will be harmonious with and in accordance with the Comprehensive Plan. 8. ZONING ORDINANCE a. Allowed Uses in the Residential Districts: UDC Table 11-2A-2 Hats single-family residential development uses as permitted uses in the R-8 zoning district. b. Purpose Statement of Zone: MEDIUM DENSITY RESIDENTIAL DISTRICT (R-8) The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. Residential land uses are also allowed within the O -T, TN -C, and TNR districts as set forth in Chapter 3 Article D. c. 11-3G-1: Common Open Space and Amenity Requirements The regulations of this Article are intended to provide for common open space and site amenities in residential districts that improve the livability of residential neighborhoods, buffer the strect edge, and protect natural amenities. 9. ANALYSIS 9a. Analysis of Facts Leading to Staff Recommendation 1. ANNEXATIODL&ZONXNG ANALYSIS: Based on the policies and goals contained in the Comprehensive Platt and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed Single Family Residential products. Please see Exhibit D for detailed analysis of facts and findings. 1.1 The annexation legal description submitted with the application (stamped on January 11, 2006 by Clinton Hansen, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 1.2 Any future subdivision, uses and construction on this properly shall comply with the City of Meridian ordinances in effect at the time. 1.3 That the applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation Cedarcreek Subdivision AZ-06-009/PP-Ob-007 PAGE 8 CITY OF MERIDIAN PLANA DEPARTMENT STAFF REPORT FOR THE *RING DATE OF 7/19/06 1.4 That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, %mes, glare or odors. 1.5 UDC 11 -5B -3D2 provides the P&Z Commission and City Council the authority to require a property owner to enter into a Development Agreement with the City of Meridian that may require some written commitment for all firture uses. On June 1. 2006, the Planning & Zoning►. Commission recommended approval Of applieations AZ -06-009 & PP -06-007, subject to a_develonment agreement which-stioulates the following: A- B. B. de-&MUegt„of Cedarcreek Subdivision. The gg&= agym toprov* a sidewalk to cross the outparcel which connect Paramount South 60 Subdivision with Cedammk Subdivision. The location of the sidewalk is to be determined by ACRID and the neighbors Carl and Bonnie Reidermam 2. EM&RMMY PLAT SPECIAL CUNSIDERATIONS 2;1 Public Streets and Access: (Connectivity Paramount Subdivisions The stub street from Paramount Subdivision shall connect from N. Seel Way and again from Street E. The subdivision is constrained by previous development in the areas east and north of the site and is bound by ACRD policies of interconnectivity. No direct access is allowed to McMillan Road is approved outside of the point of connection permitted by ACJID. (Connectivity out Parcel] A new stub street has been proposed to the Reiterman property in the southwest corner of the site. This stub street shall have fixture public service connections from Ramsbrook Street. A new alley is proposed on Lot 9 Block 4. The UDC does not allow alleys to be placed on a lot and this lot should be dedicated to ACRD as it will not meet the standards for a private street as required by UDC 11-3F. 2.2. Landseapin>ri Staff is generally supportive of the landscaping design with the following considerations: The 30 feet of right-of-way landscaping on McMillan Road shall be maintained by the Dome Owners Association. Ceducreek Subdivision AZ-06409/PP-06.007 PAGE 9 CITY OF MERIDIAN PLAN& DEPARTMENT STAFF REPORT FOR THE MARING DATE OF 7/18/06 A sidewalk connection along McMillan Road shall connect to the right of way for the future Paramount collector road If Lot 14 Block 2 and Lot 18 Block 6 are not vacated then they shall be landscaped as perimeter buffers with open vision fencing to the east. The landscape plan shall show trees in the parkways compliant with UDC 11-3B-7 Prior to final plat the applicant shall submit a landscape plan depicting the required changes to the landscape plan as detailed by this report. 2.3 Trete MitiMitigation: 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 are removed. The applicant should coordinate a tree protection/=tigation plan with Elroy Huff at the Meridian Parks Department. 2.4. Ditches. Laterals. and Canals: 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 Settlers Irrigation District has a local lateral from the Lemp Canal on this site and has commented on the proposal as showing compliance with the required improvements. 2.S Pressure Irri 'on: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilizo any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single - point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurised irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3B-6. See Site Exhibit B below. 2.6. Fencing The applicant is proposing to construct a minimum of a six foot tall solid fence around the perimeter of the site with four -foot solid fencing along common areas. A detailed fencing plan should be submitted upon application of the final plat. Additional standards for fencing and details of forcing material shall be submitted at the time of the final plat. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around rho perimeter prior to issuance of a building permit. AU fences should taper down to 3 fed maximum within 20 feet of all right-of-way. All fencing should be installed in accordance with City Code in effect at the time the permit is issued. The applicant shall comply with all fencing standards as listed in UDC 11-3A-7. 2.7 T,rTxjMWroved RishtAW Meridian City Code requires a 10 -foot wide gravel shoulder abutting right-of-way where the unimproved portion of the right-of-way is greater than 13 feet (measured from the edge of pavement to the edge of sidewalk or property line), and road widening is not in the ACHD Five Year Work Program. I*he remainder of the unimproved right-of-way should be landscaped with lawn or other vegetative groundcover. McMillan Road is shown as 37' from edge of pavement to the required landscape buffer. The applicant shall construct a 10' gravel shoulder with the remaining portion of the f fire right-of-way lots being landscaped with lawn or other vegetative groundeover. Cedero=k Sub&vlsion AZ-06.M/PP406.007 PAGE 10 CITY OF MERIDIAN PLANA DEPARTMENT STAFF REPORT FOR THE GRING DATE OF 7/18/06 2.8 Amenities: UDC 11-3G-3 is the qualified site amenity requirement. Amenities are to he provided as part of each plat based on number of acres per site. The proposed amenities for the subject development include: a tot lot. The proposed open space is shown to make up 9.0% of the site; if -an additional 1% open space is provided the applicant may is count open space as a quality of life amenity. 2.9a Common Open Space: The applicant is required to provide a minimum of live percent qualified open, space. UDC 11-3G-3 A and B. The applicant is showing: Public Open Space Area: Lot 8 Block 3 as 36,786 sq/ft Collector Buffers: Lot 14 Block 2 -- 2,700 sq/ft Lot 18 Block 6 — 2,550 sq/ft Parkway streets — 1.14 acres or 49,658 sq/ft total. Minus 26'x 8' x 69 = 14,352 sq/ft for 35,306 qualified sq/ft for the parkways on single-family detached, street loaded products. The total open spacc qualified is 77,342 sq/ft for 9.0% qualified open space. I% g0bW Site Amenities: Quality of Life Amenity: None Provided Recreation Amenities: Tot Lot Pedestrian or bicycle circulation system amenities: None Provided_ 2. M ftedal Considera�tiona: Lot 14 Block 2 and Lot 18 Block 6 are proposing to place the required perimeter fencing at the rear lot lines of lots in Blocks 2 and 6 along the eastern property boundary. The proposed Paramount Subdivision is showing a 20' landscape strip along a future commereial/multdkmily access street which has yet to be developed The 10' ingress/egress cascment is not anticipated to continue when the existing residences are removed. The easement will also not be allowed to take access to McMillan Road in the future and should be landscaped as per UDC 11-3F. Perimeter J ide alk: In 2007, a middle school (Heritage Middle School) is planned to open on the northeast corner of Meridian Road and McMillan Road. At past meetings, the City Council and the public have expressed concerns over the lack of sidewalks adjacent to arterial streets and how difficult it is for children to walk/bike to nearby schools. in light of these concerns, staff recommends that the applicant be required to contact the owner of the out parcel to discuss the construction a 5 -foot wide detached sidewalk along their frontage of McMillan Road, prior to issuance of budding permits in the first phase of the development as similarly agreed upon in Amberereek and Solitude Subdivisions. N the applicant offers to construct an off site improvement then the comrniasion/eouncil should require a development agreement for Cedarcreek subdivision with the same provisions as listed in Ambercreeek Subdivision. Ceduatek Subdivision A7.4fi-OWIPP-06-007 PAGE 11 CITY OF MERIDIAN PLAN& DEPARTMENT STAFF REPORT FOR THESARINQ DATE OF 7/18/06 11. EDITS A. Drawings 1. Preliminary Plat (dated: December 21, 2005) 2. Landscape Plan (dated: January 13, 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. Settlers Irrigation District C. Legal Description (TO BE REVIQFp PRIOR M AMx&U ORDINANCE APPROVAL) D. Rcquirod Findings from Zoning Ordinance Codex=* Subdivision AZ-06-009/PP-06-007 PAGE 12 CITY OF MERIDIAN PLAN& DEPARTMENT STAFF REPORT FOR THEOARING DATE OF 7/18/06 A. Drawings 1. Preliminary Plat (dated: Deaemlcr 21, 2005) Cedmw=k Subdivision Exhibit A Page I CITY OF MERIDIAN PLANA DEPARTMENT STAFF REPORT FOR THE *RING DATE OF 7/18/06 2. Landscape Plan (dated; January 13, 2006) Cedmweek Subdivision Exhibit A Page 2 CITY OF MERIDIAN PLANIS DEPARTMENT STAFF REPORT FOR THE *RING DATE OF 7118106 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUMEMENTS—PRELi Vf] NARY PLAT 1.1.1 The preliminary plat labeled as C-1 prepared. by Bailey Engineering, dated December 21, 2005, is approved, with the required amendments and conditions listed herein. All comments/conditions of the accompanying Anawm ion/Zoning (AZ -06 -009 -Revised) shall also be considered conditions of the Preliminary Plat (PP -06 -007 -Revised). The-AWh= shall be required to enter into a Develul„ii ,neat Ammma for flus lawma lags Staff $epaort for DA provisions) 1.1.2 The applicant shall construct a 30 -foot landscape buffer along McMillan Road, the sidewalks within these buffers shall be placed as to line up with wdsting buffers in neighboring subdivisions. 1.1.3 The Plat shall be revised to show Lot 9 Block 4 as a public alley. 1.1.4 That the applicant shall certify that Lots 7, 8 and 12 of Block 1 have the required 30 feet of frontage as required by UDC 11-2A. 1.1.5 The applicant shall comply with the requirements of no direct lot access for any lots adjacent to McMillan Road as required by ACHD. 1.1.6 That portion of the detached sidewalk which lies outside of the right-of-way shall be contained in an easement which dedicates pedestrian cross -access and is in favor of the Ada County Highway District, and said easement shall be depicted on the final plat or an instrument number referenced, in a plat note. 1.1.7 A landscape plan shall be submitted prior to final plat showing the landscaping in relation to the changes required by this report. The landscape plan shall be modified to reflect the conditions contained in this report and the revised preliminary plat and shall be submitted with the final plat application. 1.1.8 A detailed fencing plan in accordance to UDC 11-3A-7 shall be submitted with the final plat. 1.1.9 The submitted landscape plan prepared by Bailey Engineering, dated January 13, 2006 is not approved. The following should be included in a revised landscape plan: • Lot 1 Block 6, Lot 9 Block 5 and Lot 11 Block 1 shown as future rights of way on shall be landscaped with lawn or other vegetative undercover until such time as ACRD has acquired the property for future roadway improvements. • The applicant shall show a sidewalk in Lot 11 Block 1. • The applicant shall provide perimeter landscaping in Lot 14 Block 2 and Lot 18 Block 6. If the ingress/egress easement is to be used to buffer the %tore collector roadway in Paramount Subdivision • All parkway landscaping shall be consistent with UDC 11-3B-7 • Where the Bisby/Harrell Laterals are to be covered; all vegetation shall be installed as required by the UDC 11-3B. If the Settlers Irrigation District restricts the type and quantity ExWbit 8 Page 1 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HARING DATE OF 7/18/06 of vegetation, the landscape buffers shall be increased as to accommodate the plan as approved or the applicant may apply for alternative compliance. • The applicant shall cartify that one tree per 8,000 square feet of lawn has been provided a Ali parkway trees shall be Class II trees. A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Council signature of the Final Plat. All standards of installation shall apply as listed in UDC 11-38- 14. Other than the changes listed above, the approved landscape plan is not to be altered without prior written approval of the Planning Department. 1.1.10 All road drainage shall be contained on site in the drainage swaledareas as depicted 1.1.11 Maintenance of all common atmos shall be the responsibility of the Cedarcreek Subdivision Homeowners' Association. 1.1.12 Other than the public street access approved by ACRD, direct lot access to McMillan Road is prohibited A note shall be placed on the final plat restricting access to McMillan Road 1.1.13 Construct all alleys to comply with ACM's requirements for public alleys. All alleys shall contain at least 20 feet of pavement within a 24 -foot right-of-way, as proposed, and include 28 - foot inside and 48 -foot outside turn radii where the alleys intersect the public streets. 1.1.14 The planter strip between the curb and the near edge of the sidewalk along all the internal streets with four -foot wide detached sidewalks shall be a minimum of eight -feet wide and include Class lI trees. 1.2 GENERAL REQUMEM NTSPREL&MARY PLAT 1.2.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17, 1.2.2 All areas approved as open space shall be free of wet ponds or other such nuisances. All storrawater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18 and shall be fatly vegetated with Brass and trove. Sand, gravel or other non vegotatod surface materials shall not be used in open spare 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. 1.2.3 The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction £ening to contain debris must be installed around the perimeter prior to issuance of a building permit. All fencing should be installed in accordance with City Code. Exhibit B page 2 CITY OF MERIDIAN PLANS DEPARTMENT STAFF REPORT FOR THE 14RING DATE OF 7/18/06 1.2.4 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.2.5 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6, unless otherwise approved by Settlers Irrigation District. flans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.2.6 Staffs failure to cite specific ordinance provisions or terms of the approved annexation/plat does not relieve the applicant of responsibility for compliance. 1.2.7 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B. 2. Publie Works Department 2.1 Sanitary sewer service to this development is being proposed via extension of mains planned in Paramount Subdivision. The mains will be extended on the developer's timeline and the City of Meridian does not guarantee sewer service in the timelines outlined in the UDC, 2.2 The applicant shall install mains to and through this proposed development; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of casements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.3 Water service to this site is being proposed via extension of mains in W. McMillian Road and future mains in Paramount Subdivision to the north. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works, and execute standard forms of easements for any mains that are required to provide service. 2.4 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 pan of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. If it is to be owned and maintained by an Irrigation District then evidence of a license agreement shall be submitted prior to scheduling of a pre -construction meeting. 2.5 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. 2.6 If there is going to be a pressurized irrigation pump station of this property it must be located in a common lot, and cannot encroach into any required landscape buffers. Exhibit B Page 3 CITY OF MERIDIAN PLANA DEPARTMENT STAFF REPORT FOR THE AING DATE OF 7/18106 2.7 Prior to signature on the final plat vacate the ingress/egress easement shown on the preliminary plat. 2.8 All existing structures shall be removed prior to signature on the final plat by the City Engineer. 2.9 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. 2.10 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 94-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.11 The applicant has not indicated how the storm drainage from the proposed private alley will be disposed. A drainage plan designed by a State of Idaho liemed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all improved surfaces. 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 Sling all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.12 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway Lhstnct and the Filial Plat for this subdivision shall be recorded, prior to applying for building permits. 2,13 A letter of credit or cash surety in the amoum of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.14 All development improvements, including but not limited to sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.15 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 2.16 It shall be the responsibility of the applicant to ensure that all developinont features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.17 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.18 Applicant shall be responsible for application and compliatim with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.19 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.20 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.21 The engineer shall be required to certify that the street centerline elevations are sex 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. Exhibit 0 Page 4 CITY Of MERIDIAN PI,ANNG DEPARTMENT STAFF REPORT FOR THE ORING DATE OF 7/18/06 2.22 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. Fire Department 3.1 Acceptance of the water supply for fire protection will be by the Meridian. Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 One and two family dwellings will require a fire -flow of 1,000 gallons per minute available for duration of 2 hours to service the entire pmject. Fire hydcaats sball be placed as average of 500 feat apart. Intemational Fire Cade Appendix C. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. IL Fire Hydrants shall have the 4 %" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. C. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 3.4 Entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 3.5 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside And shall have a clear driving surface which is 20' wide. 3.6 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. Lot 9 Block 4. 3.7 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.8 Building setbacks shall be per the International Building Code for one and two story construction. 3.9 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. 3.10 The proposed 85 -lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 247 residents at build out. 3.11 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. Exhibit B Page 5 CITY OF MERIDIAN PLANIA DEPARTMENT STAFF REPORT FOR THE ORING DATE OF 7118/06 3.12 Where a portion of the facility or building hereafter eonsUvetal or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. Police Department 4.1 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 4.2 Lots 9+10 of Block 1 create residences that will be isolated from their surrounding neighbors. Such areas have an increased crime potential. Prior to the next public hearing, the applicant shall work with the Police Chief and/or Planning Staff to revise the plat/site plan such that the houses/dwelling units in the general area are oriented toward one another and encourage interaction between more neighbors. The plat/site plan shall be revised in accord with those discussions. 4.3 The proposed development and/or plat do not offer natural surveillance opportunities of the public areas. Prior to the next public hearing, the applicant shall meet with the Police Chief and/or Planning Staff to discuss features that increase visibility, including but not limited to: doors and windows that look out on the public areas, front porches, and adequate nighttime lighting. The site plan and/or landscaping plan shall be revised in accord with those discussions. 5. Parks Department 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UVC 11-3B-10) will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordnance (UDC 11-3B-10) will be followed 6. Sanitary Service Company 6.1 SSC will not provide trash pick-up services utilizing the court driveway. The developer shAU install a concrete pad at the end of the common drive no more than five (5) feet behind the sidewalk. The pad shall be of sufficient area to accommodate the receptacles of the residences that take access from the common driveway. 6.2 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 Speck Conditions ofApproval 7.1 The applicant shall do one of the following: Exhibit llPage 6 CITY OF MERIDIAN PLAN& DEPARTMENT STAFF REPORT FOR THE GRING DATE OF 7/18/06 a. Dedicate a total of 35 -feet of right-of-way along McMillan Road, and construct a minimum 5 - foot wide concrete sidewalk along McMillan Road, located a minimum of 38 -feet from centerline within an easement. b. Dedicate a total of 45 -feet of right -of --way from the centerline of McMillan Road abutting the parcel by means Of w=8nty deed and locate the sidewalk a minimum of 38 -feet from centerline within the right-of-way. Note: Any right-of-way dedicated with this application along McMillan Road will be purchased by the District with Corridor Preservation funds. 7.2 Construct the internal streets as 34 -foot street sections (with local fire department approval) with curb, gutter, 4 -foot detached concrete sidewalks, and 8 -foot planter strips, as proposed. 7.3 Provide sufficient pavement width on the site entrance roadway intersection (N. Summit way, intersecting McMillan Road) to accommodate simultaneous left and right turn movements. This may require 24 -feet of pavement on the west side of the island to allow for two exit lanes. The design and construction of the island should be wordinated with the ACHD Traffic Department and Development Review. 7.4 Provide 21 -foot street sections on each side of the proposed center island. Any proposed landscape islands/medism within the public right -of --way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this are required on the final plat. The design should be reviewed and approved by ACHD's Development staff. 7.5 Construct stub streets to the surrounding properties as identified below. install a sign at the terminus of each roadway stating, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." • Stub street to the west, Ramsbrook Street, located 405 -feet west of N. Summit way (measured centerline to property line). This stub street will provide access to the adjacent parcel • Stub street to the east, Street E, located 145 -feet east of N. Newsham way (measured centerline to property line). This stub street should align as an entrance to the Paramount Subdivision. • The stub to the north, N. Seel Way, is proposed to be located 135 -feet north of W. Archcrfield Street (measured ccnterlme to properly line). This stub woet should aliga as an entrance to the Paramount Subdivision. 7.6 Construct one roadway, N. Summit Avenue, to intersect McMillan Road approximately 725 -feet west of the east property line in alignment with the existing street to the south, as proposed. 7.7 Submit a Road Trust deposit to the District for $1,000 for sidewalk abutting McMillan Road along the 50 -foot strip at the west property line 7.8 Other than the access specifically approved with this application, direct lot access is prohibited to McMillan Road and shall be noted on the final plat. 7.9 Comply with all Standard Conditions of Approval. Standard Conditions of Approval ExWl* B Page 7 CITY OF MERIDIAN PLANA DEPARTMENT STAFF REPORT FOR THE ILINO DATE OF V18!06 7.10 Any existing irrigation facilities ,shall be relocated outside of the right-of-way. 7.11 Private sewer or water systems are prohibited from being located within any ADHD roadway or right -of --way. 7.12 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.13 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. 7.14 Comply with the District's Thee planter Width Interim Policy. 7.15 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. 7.16 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. 7.17 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. 7.18 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. 7.19 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance 0200, also !mown as Ada County Highway District Road Impact Fee Ordinance. 7.20 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 brealang ground within ACRD right-of-way. The applicant shall contact ACBD Traffic Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during any phase of construction. 7.21 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 authorimd representative of the Ada County Highway District. The burden shall he upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.22 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Exhibit 8 Page 8 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE QRJNG DATE OF 7118106 8. bettIsn' Irrigation Distriet 8.1 All inigation/drainage facilities along with their easements must be protected and continue to function. The facilities involved are Bisby Lateral (20' easement), Harrell Lateral #12 (20' easement). Contact SID for additional requnv mems. 8.2 A Land Use Change Application must be on file prior to any approvals. 8.3 A license agreement MUST be signed and recorded prior to construction of any SID facilities, or within its easements. 8.4 Any Change to the existing irrigation system such as relocation, water delivery, tiling, and landscaping must be approved by Settlers Irrigation District's Board of Directors. 8.5 All storm drainage must be retained on-site. 8.6 The dcvalupment must supply pressure irrigation access to all lots within the above-mentioned subdivision from the current delivery point. If the developer wishes to have SID own, operate, and maintain the pressure irrigation system an agreement must be in place prior to the pre - construction meeting. Exhibit B Page 9 CITY OF MERIDIAN PLANNINKI'ARTMENT STAFF REPORT FOR TETE HE&O DATE OF 7118/06 Exhibit C. Legal Omription ff 0 jLR REVILE.D ' OR TO MR100 ALI VA teal [jon Cedarcmek Stbdivislon - Amexatlon RU!' to R8 Zoned A parcel located in the S'A of the SW 'A of the SE 1/4 of Section 26, Township 4 North, Range 1 West, Boise Merman, Ada Courtly, Idaho, more pardwfarlyy described as follows; BEQMNG at a brass rap monument madft the southwest Comer of Said S 1/8 of the SW 1b of the SE V4 ('/4 coraw), from which 5/8 Inch diameter Iron pin marking the suet caner of said S % of the SW % of the BE 1/4 beM S 69454'20" E a distance of 1340.90 feet; Thence N C '40- E along the westerly boundary of said S'A of the SW 1/4 of the BE 1/4 a distance of 660.04 feet to a 518 Inch dleirmter iron pin markhV the northwest Corner of said 8 W of the SW 'A of the SC- 'A: Ttvnoe 6 8111°54'1 r E along the northerly he rly boundary of said 8 'A of the SW % of the SE '/4 a distance of 1339.99 feet to a SM Inch diameter Iron pin marking the northeast comer of said S'/a of dye SW 14 of the SE 'A; Thence S O 00'56' W along the esa Wy boundary of said S Va of the SW 1/4 of the BE t/4. a distance of tiSt1.02 feet to the southeast owor of sold S 1/s of the OW 1/4 of the BE 1/4, Thane N 89°5420" W along the southmly boundary of said 8 % of the SIN V4• of the SE 1/4 a distance of 1340.90 feet to the POVfr OF BEGINNSIG. Excepting therefrom the following desubed pmcd: Commencing at a brow cap monument masking the srwthwW corner of said 8 1h of tM SW 'A of fJye SE '/4 ('A corner), from wtdch WS inch diameter Iron pin marker the southeast corner of said 8 % of the SW 'A of the SE % bears S S9'SOW E a dlstame of 1340.80 feat, Ttonce a 894542V E slang the southerly tbundary of said S %of the SW '/4 of the SE 1/4 a distantte of 50.20 fent to a point; Thence leaving said sotnttsrrly boundary N 0405'40" E a distance of 30.00 feet to a 5/8 <rtch diameter Iron pin and Ute POINT OF 86111110111*11; Thence cwWnuing N OW4W E a distance of 290.40 fest to a GM Inch damreter iron on; Thence S 89'54'20" E a dighm of 150,00 feet to a 518 Inch dfaA"QW iron PIN t+�blaaans WWkftW*$ Exhibit C Pago l CedWCreek SabdiWWM Job No. 0"3 CITY OF MERIDIAN PLAAG DEPARTMENT STAFF• REPORT FOR THE .HEARING GATE OF 7119/06 Thence 3 0^03'40° W a distance d 280.40 feet to a Sipe inch diameter iron P1n: Thence N 09'542V W along a Ung 30ho feet rarth of and parallel to the sgptherty boundary of sell a 'h of Ute SW Y4 of the SE 'A a distance of 150.00 feet to the POW OF "emmm. This Panel conal to 19.31 acres and is subject to any et+semenfs aftft or in use. CkdOn W. Hansen PLS ' Lend Solutions, PC January 11, 2008 N P?� P"... 8Y N MIORKa 6r�—f-mv Exhibit C Page 2 Cadr0e0 S"vkftn Alb NO- 04.43 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE • KING DATE OF 7/18/06 ..m 2 y �`� - • � � RrM�•pY I I -1 I; to oo iA Exhibit C Page 3 CITY OF MERIDIAN PLAN& DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7119106 Required Findings from Zoning Ordinance Annexation Findings: UDC 11 -5B -3E Upon recommendation from the Commission, the Council shall make a full -investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: A. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone the subject property to R•8 Medium Density Residential District. Council finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. In Chapter VII of the Comprehensive plan, `medium density' is defined as areas including single-family homes at densities of three to eight dwelling units per acre; `low density' consist of single family homes at densities of three dwelling units or less per acre. Council finds that the requested residential zoning designation, R-8, is harmonious with and in accordance with the 2005 North Meridian Comprehensive Plan amendment and Future Land Use Map, which designates the SW comer of the SW comer S25 4N 1W at McMillan and Meridian Roads to be medium density residential. The density proposed with the preliminary plat is consistent with previous Commission and Council actions and generally conforms to the goals, objectives, and action items contained in the Comprehensive Plan for these low density areas with a request for a `step up' in density. Council finds that the proposed zoning ism 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). B. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Concurrent with the annexation and zoning application, the applicant has submitted a preliminary plat that proposes single-family detached residential products on the subject site (PP -06-007- dated December 21, 2005). Council does not anticipate that the applicant plans to rezone the subject property m the future if the accompanying PP application is approved. Council finds that the single-family homes would be allowed (permitted) within the requested R-9 district. The entire site is being proposed as residential; and upon build -out, Council would not anticipate changes of usage for this site. C. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The applicant has not submitted elevations for the proposed units which are anticipated to be designed and constructed to meet similar architecture to the single family detached residences of the near vicinity. Council believes that the design of these side family attached dwelling units will be compatible with the adjoining uses and transitional in nature to anticipated lower density uses north of the site in the Paramount development and the adjacent subdivisions also in the medium density comprehensive designations. Council finds that the proposed development will change the existing character of the area, which is still largely rural. However, the proposed development is generally harmonious with the intended character envisioned by the Comprehensive Plan. Council does not find that the proposed zoning/uses will be detrimental to the public health, safety, or welfare. Further, Council does not anticipate that the proposed uses will be hazardous as long as the applicant complics with the conditions contained in Exhibit B and all City Code provisions. The Council should rely on any oral or written testimony that may be provided when determining this Exhibit E Page l CITY OF MER1bIAN PLAN& DEPARTMENT� .___. STAFF REPORT FOR THE HEARING DATE OF 7/18/06 finding. D. The map amendment shall not result in an adverse impact upon the delivery of services by any politi=l subdivision providing public services withlu the City including, but not limited to, school districts; and, There have been no recent street improvements in the area. The abutting roadway McMillan Road is not in ACLU's Five Year Work Program or CIP (20 -year plan) fnr mad widening. The subject property is generally surrounded by rural residential acreages. Council does not find that there has been a change in the area that dictates that this property should be rezoned. Council should rely on staff'a analysis, public testimony receival, and any uA ments submitted from any other agencies or departments regarding whether this property should be annexed Other urban services, such as water, an near to this site and the applicant should be able to extend such services to the site. Council finds that the subject site is proposed for development in a fashion similar to other properties in the area The applicant and/or future property owners will be required to pay park and highway impact fees. ACHD has submitted a staff report with site specific and standard conditions as attached in Exhibit B7. On February 24, 2005, a joint agency/department comments meeting was held with representatives Of lacy service providers to this property. Based on the joint agency/department meeting and other comments received from agencies/departments, staff finds that except for sanitary sewer, the public services listed above can be made available to accommodate the proposed dcvclopmcnt. Council should reference any written and/or verbal testimony submitted by any public service provider, regarding their ability to adequately service this project. Council does not find that there has been a change in the at" that dictates that this property should be rezoned. Council should rely on stafrs analysis, public testimony received and any comments submitted from any other agencies or departments regarding whether this property should be annexed. Council finds that the proposed zoning amendment will not result m any adverse impact upon the delivery of services by any political subdivision providing services to this site. E. The annexation is in the best of interest of the City (UDC 11-511-3.E). Due to the residential nature of the 22HW AWMAY, the prooiect's conformance to the Unified Development Code and the goisamt to abide by the conditions of anprovai contained In this staff W= Council finds that the annexation and zoning of thlumperty to R-8 wmt.,Lld be in the best intim of the Chir. 2. Preliminary Plat Findings: In determining the acceptance of a proposed subdivision, Council sball consider the objectives of this Title and at least the following: A. The plat is is cunfurmwwe with the Comprehensive Plan; Please see Annexation Findings Item A above. B. Public services are available or can be made available and are adequate accommodate the proposed development; Please see Annexation Findings Items C and D above Exhibit E Page 2 CITY QF MERIDIAN PLAN}DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7/18/06 C. The plat is in conformance with scheduled public improvements in accord the City's capital improvement program; l3ecau3c the developer is installing sewer, water, and utilities for the development at their coat, the subdivision will not require the expenditure of capital improvement funds. D. There is public financial capability of supporting services for the proposed development; Please see Exhibit F3 for comments and conditions from other agencies and departments. E. The development will not be detrimental to the public heath, safety or general welfare; and Council is not aware of any health, safety or general welfare problems associated with the development of this subdivision that should be brought to the Council's attention. ACHD considcm road safety issues in their analysis. Council should reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. F. The development preserves significant natural, scenic or historic features. Council is not aware of any natural, scenic or historic features which require preservation. The applicant will be required to improve all waterways on this site. Exhibit E Page 3 September 29, 2006 MERIDIAN CITY COUNCIL MEETING October 3, 2006 APPLICANT ITEM NO. S -M REQUEST Business Associate Agreement with Ada County Emergency Medical Services Regarding Blood Draw Agreement AGENCY COMMENTS CITY CLERK: See aftached 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 gro CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Emailed: Marr mmais: Materials presented at public meetings shall become property of the City of Meridian. Phone: 0 0 Agreement No. ADA COUNTY AND THE CITY OF MERIDIAN BUSINESS ASSOCIATE AGREEMENT THIS AGREEMENT is entered this day of , 2006, between Ada County and its Emergency Medical Services Department, a political subdivision of the State of Idaho, (hereinafter "Covered Entity"), and The City of Meridian and its Police Department (hereinafter "Business Associate"). WITNESSETH WHEREAS, sections of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), known as the "Administrative Simplification Provisions," direct the Department of Health and Human Services to develop standards to protect the security, confidentiality and integrity of health information. Pursuant to those provisions, the Secretary of Health and Human Services has issued regulations known as the "HIPAA Privacy Rule;" WHEREAS, to the extent to which Ada County EMS may be a covered entity pursuant to HIPAA and may be required to enter into a business associate agreement, the Parties wish to enter into or have entered into an arrangement in which the Business Associate will provide certain services to the Covered Entity, and since the Business Associate may have access to Protected Health Information in fulfilling its responsibilities under the arrangement, the Parties agree to the provisions of this Agreement in order to address the requirements of the HIPAA Privacy Rule and to protect the interests of both Parties. NOW, THEREFORE, the parties hereto mutually agree as follows: BUSINESS ASSOCIATE AGREEMENT BEWTEEN ADA COUNTY EMS AND THE CITY OF MERIDIAN — PAGE 1 nAems\meridian city business associate agreement.doc I. DEFINITIONS Except as otherwise defined herein, any and all capitalized terms in the Agreement shall have the definitions set forth in the HIPAA Privacy Rule. In the event of an inconsistency between the provisions of this Agreement and mandatory provisions of the HIPAA Privacy Rule, as amended, the HIPAA Privacy Rule shall control. Where provisions of this Agreement are different than those mandated in the HIPAA Privacy Rule, but are nonetheless permitted by the HIPAA Privacy Rule, the provisions of this Agreement shall control. The Term "Protected Health Information": means individually identifiable health information, including without limitation, all demographic medical and financial information, data, documentation, and materials, that relate to the past, present or future health status or health care of an individual, and that identifies the individual or with respect to which there is a reasonable basis to believe the information can be used to identify the individual. The Business Associate acknowledges and agrees all the Protected Health Information that is created or received by the Covered Entity and that is disclosed or made available in any form, including paper, record, oral communication, audio recording, and electronic display by the Covered Entity or its operating units, to the Business Associate, or that is created or received by the Business Associate on the Covered Entity's behalf, shall be subject to this Agreement. II. CONFIDENTIALITY REQUIREMENTS (a) Business Associate agrees: i. To use or disclose any Protected Health Information solely: (1) for meeting its obligations as set forth in any agreements between the Parties to perform functions, activities, or services for, or on behalf of, the Covered Entity or (2) as required by applicable law, rule or BUSINESS ASSOCIATE AGREEMENT BEWTEEN ADA COUNTY EMS AND THE CITY OF MERIDIAN — PAGE 2 nAems\meridian city business associate agreement.doc 0 • regulation or by an accrediting or credentializing organization to whom the Covered Entity is required to disclose such information or (3) as otherwise permitted under this Agreement or the HIPAA Privacy Rule, and as would be permitted by the HIPAA Privacy Rule if such use or disclosure were made by the Covered Entity; ii. To ensure that its agents, including any subcontractors, to whom it provides Protected Health Information that is received from or created by the Business Associate on behalf of the Covered Entity, agrees to the same restrictions and conditions that apply to the Business Associate with respect to such information. In addition, the Business Associate agrees to take reasonable steps to ensure that its employees' actions or omissions do not cause the Business Associate to breach the terms of this Agreement; and iii. At the termination of this Agreement, or upon the request of the Covered Entity, whichever occurs first, the Business Associate will return or destroy all Protected Health Information received from or created or received by the Business Associate on behalf of the Covered Entity that the Business Associate still maintains in any form and retain no copies of such information, if feasible. If such return or destruction is not feasible, the Business Associate will extend the protections of this Agreement to the information and limit further uses and disclosures to those purposes that make the return or destruction of the information not feasible. BUSINESS ASSOCIATE AGREEMENT BEWTEEN ADA COUNTY EMS AND THE CITY OF MERIDIAN — PAGE 3 n.\ems\meridian city business associate agreement.doe • • (b) Notwithstanding the prohibitions set forth in this Agreement, the Business Associate may use and disclose Protected Health Information as follows: i. If necessary, for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate, provided that as to any such disclosure the following requirements are met: 1. The disclosure is required by law; or 2. The Business Associate obtains reasonable assurances from the person to whom the information is disclosed that it will be held confidentially and used or further disclosed only as required by law for the purpose for which it was disclosed to the person, and the person notifies the Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached; (c) The Business Associate will implement appropriate administrative and physical safeguards to prevent the use or disclosure of Protected Health Information other than for those uses or disclosures as permitted in this Agreement. The Secretary of Health and Human Services shall have the right to audit the Business Associates records and practices related to the use and disclosure of Protected Health Information to ensure the Covered Entity's compliance with the terms of the HIPAA Privacy Rule. The Business Associate shall report to the Covered Entity any use or disclosure of Protected Health Information which is not in compliance with the terms of this Agreement of BUSINESS ASSOCIATE AGREEMENT BEWTEEN ADA COUNTY EMS AND THE CITY OF MERIDIAN — PAGE 4 nAemslmeridian city business associate agreement.doc • which it becomes aware. In addition, the Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known to the Business Associate of a use or disclosure of Protected Health Information by the Business Associate in violation of the requirements of this Agreement. III. AVAILABILITY OF PHI The Business Associate agrees to make Protected Health Information available to the extent and manner required by the HIPAA Privacy Rule. The Business Associate agrees to make Protected Health Information available for amendment and incorporate any amendments to Protected Health Information in accordance with the requirements of the HIPAA Privacy Rule. In addition, the Business Associate agrees to make Protected Health Information available for the purposes of accounting of disclosures, as required by the HIPAA Privacy Rule. IV. TERMINATION Notwithstanding anything in this Agreement to the contrary, either Party may terminate this Agreement upon thirty (30) days written notice. The Covered Entity shall have the right to terminate this Agreement immediately if the Covered Entity determines that the Business Associate has violated any material term of this Agreement. If the Covered Entity reasonably believes that the Business Associate will violate a material term of this Agreement, and where practicable, the Covered Entity gives written notice to the Business Associate of such belief within a reasonable time after forming such a belief, and the Business Associate fails to provide adequate written assurances to the Covered Entity that it will not breach the cited term of this Agreement within a reasonable period of time given the specific circumstances, but in any event, before the threatened breach is to occur, then the Covered Entity shall have the right to terminate this Agreement immediately. BUSINESS ASSOCIATE AGREEMENT BEWTEEN ADA COUNTY EMS AND THE CITY OF MERIDIAN — PAGE 5 n:\ems\meridian city business associate agreement.doc V. MISCELLANEOUS Except as expressly stated herein or in the HIPAA Privacy Rule, the Parties to this Agreement do not intend to create any rights for third parties. The obligations of the Business Associate under this Agreement shall survive the expiration, termination or cancellation of this Agreement and/or the business relationship of the Parties, and shall continue to bind the Business Associate, its agents, employees, contractors, successors and assignees as set forth herein. This Agreement may be amended or modified only in writing, and the amendment or modification must be signed by both Parties. No Party may assign its respective rights and obligations under this Agreement without the consent of the other Party. None of the provisions of this Agreement are intended to create, nor will they be deemed to create, any relationship between the Parties other than that of independent parties contracting with each other solely for the purposes of effecting the provisions of this Agreement and any other agreements between the Parties evidencing their business relationship. This Agreement will be governed by the laws of the State of Idaho. No change, waiver or discharge of any liability or obligation hereunder on any one or more occasions shall be deemed a waiver of performance of any continuing or other obligation, or shall prohibit enforcement of any obligation, on any other occasion. The Parties agree that, in the event that any documentation of the arrangement pursuant to which the Business Associate provides services to the Covered Entity contains provisions relating to the use or disclosure of Protected Health Information which are more restrictive than the provisions of this Agreement, the provisions of the more restrictive documentation will control. The provisions of this Agreement are intended to establish the minimum requirements regarding the Business Associate's use and disclosure of Protected Health Information. BUSINESS ASSOCIATE AGREEMENT BEWTEEN ADA COUNTY EMS AND THE CITY OF MERIDIAN — PAGE 6 nAems\rneridian city business associate agreement.doc In the event that any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the provisions of this Agreement will remain in full force and effect. In addition, in the event a Party believes in good faith that any provision of this Agreement fails to comply with the then -current requirements of the HIPAA Privacy Rule, such party shall notify the other party in writing. For a period of up to thirty (30) days, the Parties shall address in good faith such concern and amend the terms of this Agreement, if necessary, to bring it into compliance. If, after such thirty (30) day period, the Agreement fails to comply with the HIPAA Privacy Rule, and its requirements, then either Party has the right to terminate upon written notice to the other Party. IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year written above. Board of Ada County Commissioners I: ATTEST: J. David Navarro, Ada County Clerk Rick Yzaguirre, Chairman Judy M. Peavey -Derr, Commissioner Fred Tilman, Commissioner BUSINESS ASSOCIATE AGREEMENT BEWTEEN ADA COUNTY EMS AND THE CITY OF MERIDIAN — PAGE 7 nAems\rneridian city business associate agreement.doc 0 0 City of Meridian By: Mayor T y e Weerd Mayor of 'dian Meridian City Council Lo `\\ \ttt�yaviaawyF}� aasar� \\ nam: ATTEST: � r 1 SEAT, _= William Berg, Jr., MeridiKn City Clerk BUSINESS ASSOCIATE AGREEMENT BEWTEEN ADA COUNTY EMS AND THE CITY OF MERIDIAN — PAGE 8 nAems\xneridian city business associate agreement.doc J# 9 9 Agreement No. 7 7 d (o ADA COUNTY AND THE CITY OF MERIDIAN BUSINESS ASSOCIATE AGREEMENT THIS AGREEMENT is entered this 17 qday of Q C �O b fr , 2006, between Ada County and its Emergency Medical Services Department, a political subdivision of the State of Idaho, (hereinafter "Covered Entity"), and The City of Meridian and its Police Department (hereinafter "Business Associate") WITNESSETH WHEREAS, sections of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), known as the "Administrative Simplification Provisions," direct the Department of Health and Human Services to develop standards to protect the security, confidentiality and integrity of health information. Pursuant to those provisions, the Secretary of Health and Human Services has issued regulations known as the "HIPAA Privacy Rule;" WHEREAS, to the extent to which Ada County EMS may be a covered entity pursuant to HIPAA and may be required to enter into a business associate agreement, the Parties wish to enter into or have entered into an arrangement in which the Business Associate will provide certain services to the Covered Entity, and since the Business Associate may have access to Protected Health Information in fulfilling its responsibilities under the arrangement, the Parties agree to the provisions of this Agreement in order to address the requirements of the HIPAA Privacy Rule and to protect the interests of both Parties. NOW, THEREFORE, the parties hereto mutually agree as follows: BUSINESS ASSOCIATE AGREEMENT BEWTEEN ADA COUNTY EMS AND THE CITY OF MERIDIAN — PAGE 1 nAemsVneridian city business associate agreement.doc V 0 9 I. DEFINITIONS Except as otherwise defined herein, any and all capitalized terms in the Agreement shall have the definitions set forth in the HIPAA Privacy Rule. In the event of an inconsistency between the provisions of this Agreement and mandatory provisions of the HIPAA Privacy Rule, as amended, the HIPAA Privacy Rule shall control. Where provisions of this Agreement are different than those mandated in the HIPAA Privacy Rule, but are nonetheless permitted by the HIPAA Privacy Rule, the provisions of this Agreement shall control. The Term "Protected Health Information": means individually identifiable health information, including without limitation, all demographic medical and financial information, data, documentation, and materials, that relate to the past, present or future health status or health care of an individual, and that identifies the individual or with respect to which there is a reasonable basis to believe the information can be used to identify the individual. The Business Associate acknowledges and agrees all the Protected Health Information that is created or received by the Covered Entity and that is disclosed or made available in any form, including paper, record, oral communication, audio recording, and electronic display by the Covered Entity or its operating units, to the Business Associate, or that is created or received by the Business Associate on the Covered Entity's behalf, shall be subject to this Agreement. II. CONFIDENTIALITY REQUIREMENTS (a) Business Associate agrees: i. To use or disclose any Protected Health Information solely: (1) for meeting its obligations as set forth in any agreements between the Parties to perform functions, activities, or services for, or on behalf of, the Covered Entity or (2) as required by applicable law, rule or BUSINESS ASSOCIATE AGREEMENT BEWTEEN ADA COUNTY EMS AND THE CITY OF MERIDIAN — PAGE 2 nAems\rneridian city business associate agreement.doc s regulation or by an accrediting or credentializing organization to whom the Covered Entity is required to disclose such information or (3) as otherwise permitted under this Agreement or the HIPAA Privacy Rule, and as would be permitted by the HIPAA Privacy Rule if such use or disclosure were made by the Covered Entity; ii. To ensure that its agents, including any subcontractors, to whom it provides Protected Health Information that is received from or created by the Business Associate on behalf of the Covered Entity, agrees to the same restrictions and conditions that apply to the Business Associate with respect to such information. In addition, the Business Associate agrees to take reasonable steps to ensure that its employees' actions or omissions do not cause the Business Associate to breach the terms of this Agreement; and iii. At the termination of this Agreement, or upon the request of the Covered Entity, whichever occurs first, the Business Associate will return or destroy all Protected Health Information received from or created or received by the Business Associate on behalf of the Covered Entity that the Business Associate still maintains in any form and retain no copies of such information, if feasible. If such return or destruction is not feasible, the Business Associate will extend the protections of this _Agreement to the information and limit further uses and disclosures to those purposes that make the return or destruction of the information not feasible. BUSINESS ASSOCIATE AGREEMENT BEWTEEN ADA COUNTY EMS AND THE CITY OF MERIDIAN — PAGE 3 nAems\rnehdian city business associate agreement.doc 0 9 (b) Notwithstanding the prohibitions set forth in this Agreement, the Business Associate may use and disclose Protected Health Information as follows: L If necessary, for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate, provided that as to any such disclosure the following requirements are met: 1. The disclosure is required by law; or 2. The Business Associate obtains reasonable assurances from the person to whom the information is disclosed that it will be held confidentially and used or further disclosed only as required by law for the purpose for which it was disclosed to the person, and the person notifies the Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached; (c) The Business Associate will implement appropriate administrative and physical safeguards to prevent the use or disclosure of Protected Health Information other than for those uses or disclosures as permitted in this Agreement. The Secretary of Health and Human Services shall have the right to audit the Business Associates records and practices related to the use and disclosure of Protected Health Information to ensure the Covered Entity's compliance with the terms of the HIPAA Privacy Rule. The Business Associate shall report to the Covered Entity any use or disclosure of Protected Health Information which is not in compliance with the terms of this Agreement of BUSINESS ASSOCIATE AGREEMENT BEWTEEN ADA COUNTY EMS AND THE CITY OF MERIDIAN — PAGE 4 nAems\rneridian city business associate agreement.doc C�1 which it becomes aware. In addition, the Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known to the Business Associate of a use or disclosure of Protected Health Information by the Business Associate in violation of the requirements of this Agreement. III. AVAILABILITY OF PHI The Business Associate agrees to make Protected Health Information available to the extent and manner required by the HIPAA Privacy Rule. The Business Associate agrees to make Protected Health Information available for amendment and incorporate any amendments to Protected Health Information in accordance with the requirements of the HIPAA Privacy Rule. In addition, the Business Associate agrees to make Protected Health Information available for the purposes of accounting of disclosures, as required by the HIPAA Privacy Rule. IV. TERMINATION Notwithstanding anything in this Agreement to the contrary, either Party may terminate this Agreement upon thirty (30) days written notice. The Covered Entity shall have the right to terminate this Agreement immediately if the Covered Entity determines that the Business Associate has violated any material term of this Agreement. If the Covered Entity reasonably believes that the Business Associate will violate a material term of this Agreement, and where practicable, the Covered Entity gives written notice to the Business Associate of such belief within a reasonable time after forming such a belief, and the Business Associate fails to provide adequate written assurances to the Covered Entity that it will not breach the cited term of this Agreement within a reasonable period of time given the specific circumstances, but in any event, before the threatened breach is to occur, then the Covered Entity shall have the right to terminate this Agreement immediately. BUSINESS ASSOCIATE AGREEMENT BEWTEEN ADA COUNTY EMS AND THE CITY OF MERIDIAN — PAGE 5 n:\ems\jnmidian city business associate agreement.doc 0 0 V. MISCELLANEOUS Except as expressly stated herein or in the HIPAA Privacy Rule, the Parties to this Agreement do not intend to create any rights for third parties. The obligations of the Business Associate under this Agreement shall survive the expiration, termination or cancellation of this Agreement and/or the business relationship of the Parties, and shall continue to bind the Business Associate, its agents, employees, contractors, successors and assignees as set forth herein. This Agreement may be amended or modified only in writing, and the amendment or modification must be signed by both Parties. No Party may assign its respective rights and obligations under this Agreement without the consent of the other Party. None of the provisions of this Agreement are intended to create, nor will they be deemed to create, any relationship between the Parties other than that of independent parties contracting with each other solely for the purposes of effecting the provisions of this Agreement and any other agreements between the Parties evidencing their business relationship. This Agreement will be governed by the laws of the State of Idaho. No change, waiver or discharge of any liability or obligation hereunder on any one or more occasions shall be deemed a waiver of performance of any continuing or other obligation, or shall prohibit enforcement of any obligation, on any other occasion. The Parties agree that, in the event that any documentation of the arrangement pursuant to which the Business Associate provides services to the Covered Entity contains provisions relating to the use or disclosure of Protected Health Information which are more restrictive than the provisions of this Agreement, the provisions of the more restrictive documentation will control. The provisions of this Agreement are intended to establish the minimum requirements regarding the Business Associate's use and disclosure of Protected Health Information. BUSINESS ASSOCIATE AGREEMENT BEWTEEN ADA COUNTY EMS AND THE CITY OF MERIDIAN — PAGE 6 nAems\rneridian city business associate agreement.doc 0 In the event that any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the provisions of this Agreement will remain in full force and effect. In addition, in the event a Party believes in good faith that any provision of this Agreement fails to comply with the then -current requirements of the HIPAA Privacy Rule, such party shall notify the other party in writing. For a period of up to thirty (30) days, the Parties shall address in good faith such concern and amend the terms of this Agreement, if necessary, to bring it into compliance. If, after such thirty (30) day period, the Agreement fails to comply with the HIPAA Privacy Rule, and its requirements, then either Party has the right to terminate upon written notice to the other Party. IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year written above. Board of Ada County Commissioners By: (1" Rick Yzaguirre, C By: Judy M. eavey-Derr, Commissioner 0 By: Fred Tilman, Commissioner ATTEST: David Navarro, Ada County Clerk BUSINESS ASSOCIATE AGREEMENT BEWTEEN ADA COUNTY EMS AND THE CITY OF MERIDIAN — PAGE 7 nAemsVneridian city business associate agreement.doc A Berg, Jr., City of Meridian By: ?Mayor T Weerd Mayor ° -d . Meridian City Council By:��_ Shaun�ardle, President I A i9 A 1-2 101- b v By: , (2--- irk 2--.. irk REAL = Q a 4 BUSINESS ASSOCIATE AGREEMENT BEWTEEN ADA COUNTY EMS AND THE CITY OF MERIDIAN — PAGE 8 n:\ems\meridian city business associate agreement.doc 0 September 29, 2006 MERIDIAN CITY COUNCIL MEETING October 3, 2006 49 APPLICANT ITEM NO. S -N REQUEST Blood Draw Agreement with Ada County Emergency Medical Services AGENCY COMMENTS CITY CLERK: See altached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST. INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. AGREEMENT NO. BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN, IDAHO THIS AGREEMENT ("Agreement") is entered into this day of , 2006, by and between Ada County, a political subdivision of the State of Idaho (hereinafter "EMS"), and the City of Meridian, a municipal corporation of the State of Idaho and its Police Department (hereinafter "City"). WITNESSETH WHEREAS, the City requires blood drawing services for the purposes of determining content of alcohol or other intoxicating substances in persons held by law enforcement authorities, pursuant to Idaho Code § 18-8004, or any successor statute thereto; and WHEREAS, EMS is an entity whose personnel are authorized to draw blood for the purposes of determining content of alcohol or other intoxicating substances, and is willing to provide such blood drawing services. NOW THEREFORE, the parties agree as follows: 1. EMS will provide necessary blood drawing services to the City on an on- call basis, 24 hours per day, seven days per week, usually within one hour. 2. The City shall request such services by notifying EMS through EMS dispatch. Notification shall not be made until such time as City personnel are ready for EMS to take the blood draw. BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN - PAGE 1 n:\ems\blood draw meridian agmt.doc 0 3. EMS will provide such blood draw services at all hospitals located in Ada County and at the Ada County Jail. 4. The City shall be required to purchase and provide Blood Draw Kits for use by EMS in drawing blood for evidentiary purposes. EMS shall not be required to provide the Blood Draw Kits. 5. The City will maintain the necessary chain of evidence by retaining visual custody and physical control of the person while blood is drawn, and will retain the chain of possession by maintaining physical control of the Blood Draw Kit and the delivery of the sealed kit to the designated lab for the desired tests. EMS will not offer instruction on the care, custody or control of the blood sample. 6. Once the blood sample has been drawn by EMS, EMS personnel shall initial the blood vials, complete any necessary forms, and shall immediately turn the sample over to City personnel. 7. EMS will not be required to perform blood analysis, nor shall EMS collect any other bodily fluids or human tissue for evidentiary purposes. 8. In performing blood draw services, under no circumstances will EMS use force upon, or assist in subduing, a subject who physically resists blood drawing. 9. In performing blood drawing services, EMS will not discriminate against any persons on the basis of race, color, religion, sex, national origin, age, or physical handicap. BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN - PAGE 2 nAems\blood draw meridian agmt.doc i 10. The City shall pay EMS Two Hundred Dollars ($200.00) for each blood draw taken pursuant to this Agreement. 11. Should EMS personnel be subpoenaed to testify in any court proceeding or deposition regarding any blood draw performed pursuant to this Agreement, and should such personnel then appear in response to said subpoena, the City will pay EMS an additional Two Hundred Dollars ($200.00). If EMS personnel are subpoenaed to testify and such proceeding is vacated or cancelled with sufficient notice to allow EMS personnel to be notified of such vacation or cancellation, then no additional fee will be charged. For the purposes of this Agreement, forty-eight (48) hours notice in advance of the scheduled testimony is deemed to be sufficient notice. 12. The subpoena process shall be coordinated by the EMS Administrative Secretary. Subpoenas shall be sent to the named EMS Paramedic, in care of Ada County Emergency Medical Services, P.O. Box 140209, Boise, Idaho 83714, or shall be hand delivered to 5870 Glenwood Street, Boise, Idaho 83714. All correspondence related to blood draws, subpoenas, or court appearances shall be directed to the Administrative Secretary. 13. EMS will invoice the City on a monthly basis for services rendered in connection with this Agreement. Such invoice shall be paid by the City within thirty (30) days of receipt of said invoice. 14. Term of Agreement: The services to be performed under this Agreement shall commence on the date signed by the parties and shall terminate on September 30, BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN - PAGE 3 n:\ems\blood draw meridian agmt.doc 0 0 2007. The Agreement may be terminated by either parry upon thirty (30) days written notice. In the event this Agreement should be terminated, EMS shall have no claim against the City other than for services due and owing up to the date of termination. This Agreement may be renewed for additional one-year terms. 15. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this Agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: The City of Meridian 33 East Idaho Ave. Meridian, Idaho 83642 Ada County EMS 5870 Glenwood Street Boise, Idaho 83714 Either parry may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 16. Assignment: It is expressly agreed and understood by the parties hereto, that EMS shall not have the right to assign, transfer, hypothecate, or sell any of its rights under this Agreement except upon the prior written consent of the City. 17. Compliance with Laws: This Agreement shall be governed by and construed and enforced in accordance with the laws of the state of Idaho. In performing the scope of services required hereunder, EMS shall comply with all applicable laws, ordinances, and codes of federal, state, and local governments, including but not limited to, the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"). BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN - PAGE 4 n:\ems\blood draw meridian agmt.doc R 0 i 18. Indemnification, Defense, and Insurance: EMS understands that it is afforded certain protections pursuant to Idaho Code §§ 18-8002(6) and (6)(a). The City, notwithstanding these protections, hereby agrees to hold Ada County and Ada County EMS, its officers, agents, and employees harmless and agrees to provide any necessary legal defense from and against all claims, liabilities, causes of action, or penalties, arising out of any requests for blood samples by law enforcement officers or any blood drawing services provided pursuant to this Agreement, including, but not limited to, claims for assault, battery, false imprisonment, and violations of constitutional or civil rights arising under the United States or Idaho Constitutions, statutory or common law; however, nothing in this paragraph shall relieve EMS from any legal liability and/or defense costs arising out of or in connection with claims for negligence in the performance of the services described herein. Ada County is a self-insured entity. 19. EMS shall be considered an independent contractor for the City, and shall retain all discretion concerning the procedures to be used to properly draw blood. As an independent contractor, EMS shall not be considered an employee of the City, and therefore, shall not be entitled to any personnel benefits nor be subject to the provisions of the City's Personnel Policy. 20. The Agreement between the City and EMS is independent of any employment EMS currently has with any other entity, and said entity shall not be BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN - PAGE 5 nAems\blood draw meridian agmt.doc considered a party to this Agreement and has not approved of nor consented to any of the terms or conditions set forth herein. 21. EMS hereby agrees to take all measures necessary to continue to be so qualified during the term of this Agreement. All costs incurred in maintaining such qualifications, including, but not limited to, costs of training, testing, and licensing, if any there may be, shall be borne by EMS. If EMS either is not so qualified at the time of execution of this Agreement, or does not remain continuously so qualified throughout the term of this Agreement, EMS will be held to have materially breached this contract. 22. Entire Agreement: This Agreement constitutes the entire agreement of the parties and supersedes any and all other Agreements or understanding, oral or written, whether previous to the execution hereof or contemporaneous herewith. Board of Ada County Commissioners Rick Yzaguirre, Chairman Judy M. Peavey -Derr, Commissioner 0 Fred Tilman, Commissioner ATTEST: J. David Navarro, Ada County Clerk BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN - PAGE 6 nAems\blood draw meridian agmt.doc 0 0 City of Meridian By:� Mayor de Weerd Mayor of Meridian Meridian City Council By: -5t,--x ZSfiaunn'Wlard e, Pre 'dent t By: Keith ' By: Joe o By: Cfie Romdtree Go1�j ca_p CZ& to -3-®b ATTEST: 13AL William Berg, Jr., Meridian ity CIAO r is BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN - PAGE 7 n:\ems\blood draw meridian agmt.doc r AGREEMENT NO. D 5 BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN, IDAHO -/-i— THIS AGREEMENT ("Agreement") is entered into this I day of D C�ob -er , 2006, by and between Ada County, a political subdivision of the State of Idaho (hereinafter "EMS"), and the City of Meridian, a municipal corporation of the State of Idaho and its Police Department (hereinafter "City"). WITNESSETH WHEREAS, the City requires blood drawing services for the purposes of determining content of alcohol or other intoxicating substances in persons held by law enforcement authorities, pursuant to Idaho Code § 18-8004, or any successor statute thereto; and WHEREAS, EMS is an entity whose personnel are authorized to draw blood for the purposes of determining content of alcohol or other intoxicating substances, and is willing to provide such blood drawing services. NOW THEREFORE, the parties agree as follows: 1. EMS will provide necessary blood drawing services to the City on an on- call basis, 24 hours per day, seven days per week, usually within one hour. 2. The City shall request such services by notifying EMS through EMS dispatch. Notification shall not be made until such time as City personnel are ready for EMS to take the blood draw. BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN - PAGE 1 n:\ems\blood draw meridian agmt.doc 3. EMS will provide such blood draw services at all hospitals located in Ada County and at the Ada County Jail. 4. The City shall be required to purchase and provide Blood Draw Kits for use by EMS in drawing blood for evidentiary purposes. EMS shall not be required to provide the Blood Draw Kits. 5. The City will maintain the necessary chain of evidence by retaining visual custody and physical control of the person while blood is drawn, and will retain the chain of possession by maintaining physical control of the Blood Draw Kit and the delivery of the sealed kit to the designated lab for the desired tests. EMS will not offer instruction on the care, custody or control of the blood sample. 6. Once the blood sample has been drawn by EMS, EMS personnel shall initial the blood vials, complete any necessary forms, and shall immediately turn the sample over to City personnel. 7. EMS will not be required to perform blood analysis, nor shall EMS collect any other bodily fluids or human tissue for evidentiary purposes. 8. In performing blood draw services, under no circumstances will EMS use force upon, or assist in subduing, a subject who physically resists blood drawing. 9. In performing blood drawing services, EMS will not discriminate against any persons on the basis of race, color, religion, sex, national origin, age, or physical handicap. BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN - PAGE 2 n:\ems\blood draw meridian agmt.doc r 0 • 10. The City shall pay EMS Two Hundred Dollars ($200.00) for each blood draw taken pursuant to this Agreement. 11. Should EMS personnel be subpoenaed to testify in any court proceeding or deposition regarding any blood draw performed pursuant to this Agreement, and should such personnel then appear in response to said subpoena, the City will pay EMS an additional Two Hundred Dollars ($200.00). If EMS personnel are subpoenaed to testify and such proceeding is vacated or cancelled with sufficient notice to allow EMS personnel to be noted of such vacation or cancellation, then no additional fee will be charged. For the purposes of this Agreement, forty-eight (48) hours notice in advance of the scheduled testimony is deemed to be sufficient notice. 12. The subpoena process shall be coordinated by the EMS Administrative Secretary. Subpoenas shall be sent to the named EMS Paramedic, in care of Ada County Emergency Medical Services, P.O. Box 140209, Boise, Idaho 83714, or shall be hand delivered to 5870 Glenwood Street, Boise, Idaho 83714. All correspondence related to blood draws, subpoenas, or court appearances shall be directed to the Administrative Secretary. 13. EMS will invoice the City on a monthly basis for services rendered in connection with this Agreement. Such invoice shall be paid by the City within thirty (30) days of receipt of said invoice. 14. Term of Agreement: The services to be performed under this Agreement shall commence on the date signed by the parties and shall terminate on September 30, BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN - PAGE 3 n:\ems\blood draw meridian agmt.doc 2007. The Agreement may be terminated by either parry upon thirty (30) days written notice. In the event this Agreement should be terminated, EMS shall have no claim against the City other than for services due and owing up to the date of termination. This Agreement may be renewed for additional one-year terms. 15. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this Agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: The City of Meridian 33 East Idaho Ave. Meridian, Idaho 83642 Ada County EMS 5870 Glenwood Street Boise, Idaho 83714 Either parry may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 16. Assignment: It is expressly agreed and understood by the parties hereto, that EMS shall not have the right to assign, transfer, hypothecate, or sell any of its rights under this Agreement except upon the prior written consent of the City. 17. Compliance with Laws: This Agreement shall be governed by and construed and enforced in accordance with the laws of the state of Idaho. In performing the scope of services required hereunder, EMS shall comply with all applicable laws, ordinances, and codes of federal, state, and local governments, including but not limited to, the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"). BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN - PAGE 4 n:\ems\blood draw meridian agmt.doe 18. Indemnification, Defense and Insurance: EMS understands that it is afforded certain protections pursuant to Idaho Code §§ 18-8002(6) and (6)(a). The City, notwithstanding these protections, hereby agrees to hold Ada County and Ada County EMS, its officers, agents, and employees harmless and agrees to provide any necessary legal defense from and against all claims, liabilities, causes of action, or penalties, arising out of any requests for blood samples by law enforcement officers or any blood drawing services provided pursuant to this Agreement, including, but not limited to, claims for assault, battery, false imprisonment, and violations of constitutional or civil rights arising under the United States or Idaho Constitutions, statutory or common law; however, nothing in this paragraph shall relieve EMS from any legal liability and/or defense costs arising out of or in connection with claims for negligence in the performance of the services described herein. Ada County is a self-insured entity. 19. EMS shall be considered an independent contractor for the City, and shall retain all discretion concerning the procedures to be used to properly draw blood. As an independent contractor, EMS shall not be considered an employee of the City, and therefore, shall not be entitled to any personnel benefits nor be subject to the provisions of the City's Personnel Policy. 20. The Agreement between the City and EMS is independent of any employment EMS currently has with any other entity, and said entity shall not be BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN - PAGE 5 n:\ems\blood draw meridian agmt.doc considered a parry to this Agreement and has not approved of nor consented to any of the terms or conditions set forth herein. 21. EMS hereby agrees to take all measures necessary to continue to be so qualified during the term of this Agreement. All costs incurred in maintaining such qualifications, including, but not limited to, costs of training, testing, and licensing, if any there may be, shall be borne by EMS. If EMS either is not so qualified at the time of execution of this Agreement, or does not remain continuously so qualified throughout the term of this Agreement, EMS will be held to have materially breached this contract. 22. Entire Agreement: This Agreement constitutes the entire agreement of the parties and supersedes any and all other Agreements or understanding, oral or written, whether previous to the execution hereof or contemporaneous herewith. Board of Ada County Commissioners By: Rick Yzaguirre, a an Judy M. Peavey -Den, Commissioner By:�-yes-a.. Fred Tilman, Commissioner ATTEST: r . David Navarro, Ada County Clerk BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN - PAGE 6 n:\ems\blood draw meridian agmt.doc ATTEST: L1 William Berg, Jr., City of Meridian By: Mayor T de Weerd Mayor o ridian Meridian City Council By: 5;eI, —z' Shaun Wardle,, President .00 M. Joe By: 51151ttfltfl/;Pj BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN - PAGE 7 n:\ems\blood draw meridian agmt.doc 0 September 29, 2006 • MERIDIAN CITY COUNCIL MEETING October 3, 2006 APPLICANT ITEM NO. 5-0 REQUEST Agreement for Professional Services for Polygraph Mentorship, Education and Training Services with Idaho Polygraph Association AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. • 0 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this 26th day of July , 2006, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Idaho Avenue, Meridian, Idaho 83642, and Idaho Polygragh Association, hereinafter referred to as "CONSULTANT", whose business address is 5400 West Franklin Road, Suite K, Boise, Idaho 83705.. INTRODUCTION Whereas, the City has a need for services involving Polygraph Mentorship. Education and Training Services; and WHEREAS, the Consultant is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Services: 1.1 CONSULTANT shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services, and comply in all respects, as specified in the document titled "Scope of Services" a copy of which is attached hereto as Exhibit "A' and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Consultant under this Agreement, including without limitation electronic data files, are the property of the Consultant; provided , however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. 1.3 The Consultant shall provide services and work under this Agreement consistent with the requirements and standards established by POLYGRAPH MENTORSHIP -- page 1 of 11 0 ! applicable federal, state and city laws, ordinances, regulations and resolutions. The Consultant represents and warrants that it will perform it's work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Consultant and any reports or opinions prepared or issued as part of the work performed by the Consultant under this Agreement, Consultant makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provide by the consultant at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Consultant shall be compensated on a Lump Sum basis as provided in Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof. 2.2 The Consultant shall provide the City with a invoice at the completion of services for services provided, which the City will pay within 30 days of receipt of a correct invoice approved by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Consultant under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Consultant. 2.3 Except as expressly provided in this Agreement, Consultant shall not be entitled to no receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including , but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Consultant shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. POLYGRAPH MENTORSHIP — page 2 of 11 0 • 3. Time of Performance: This agreement shall become effective upon execution by both parties, and shall expire six (6) months after execution of the agreement, or unless sooner terminated as provided below or unless some other method or time of termination is listed in Exhibit A. This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or insolvency of either party, or (b) sale of Consultants business. 4. Independent Contractor: 4.1 In all matters pertaining to this agreement, CONSULTANT shall be acting as an independent contractor, and neither CONSULTANT nor any officer, employee or agent of CONSULTANT will be deemed an employee of CITY. Except as expressly provided in Exhibit A, Consultant has no authority or responsibility to exercise any rights or power vested in the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 4.2 Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Consultant in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Consultant, such persons shall be deemed to be contractors of Consultant and subject to this section 4. 5. Indemnification and Insurance: CONSULTANT shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONSULTANT, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. POLYGRAPH MENTORSHIP — page 3 of 11 6. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed In the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Agent 33 E. Idaho Avenue Meridian, Idaho 83642 with a copy to City of Meridian Meridian Police Department 1401 East Watertower Meridian, Idaho 83642 Idaho Polyaraph Association Attn: Chiu Morgan 5400 West Franklin Road Boise, IDO 83705 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 8. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attomeys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 9. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 10. Assignment: It is expressly agreed and understood by the parties hereto, that CONSULTANT shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. POLYGRAPH MENTORSHIP — page 4 of 11 0 0 11. Discrimination Prohibited: In performing the Services required herein, CONSULTANT shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 12. Reports and Information: 12.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 12.2 Consultant shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 13. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONSULTANT'S records with respect to all matters covered by this Agreement. CONSULTANT shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 14. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 15. Compliance with Laws: In performing the scope of services required hereunder, CONSULTANT shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 16. Changes: The CITY may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of CONSULTANT'S compensation, which are mutually agreed upon by and between the CITY POLYGRAPH MENTORSHIP — page 5 of 11 9 0 and CONSULTANT, shall be incorporated in written amendments to this Agreement. 17. Termination: If, through any cause, CONSULTANT, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONSULTANT of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONSULTANT may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONSULTANT under this Agreement shall, at the option of the CITY, become its property, and CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. In the event of cancellation of the Agreement, the City of Meridian shall pay to the Idaho Polygraph Association a prorated portion of the sum of $4.000.00 reflecting the time during which services were actually performed by the Idaho Polygraph Association. Notwithstanding the above, CONSULTANT shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONSULTANT, and the CITY may withhold any payments to CONSULTANT for the purposes of set-off until such time as the exact amount of damages due the CITY from CONSULTANT is determined. This provision shall survive the termination of this agreement and shall not relieve CONSULTANT of its liability to the CITY for damages. 18. Construction and Severability: If any park of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from it's attorney's or the opportunity to seek such advice. POLYGRAPH MENTORSHIP — page 6 of 11 0 • 19. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 20. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 21. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. POLYGRAPH MENTORSHIP — page 7 of 11 0 • CITY OF MERIDIAN IDAHO POLYGRAPGH ASSOCIATION BY: TAMMY erC! ERD, MAYOR BY: Chip gan Dated: `%%paterf7lill'., Of Attest: REAL r ` WILLIAM G. BERG, JR., 01Y CLERK - • Approved as to Content BY: KEI ATlt, PURCHASING AGENT Dated. Approved as to Form BY: CITY ATTORNEY Dated: Approval NAME: TITLE: Chief of Police Dated: POLYGRAPH MENTORSHIP — page 8 of 11 0 Attachment A SCOPE OF SERVICES 1. . Polygraph Mentorship • a. Formal polygraph mentoring program and supervision. b. In-service polygraph training and mentoring for Detective Mark Zakarian. C. Lifetime Quality Control of all polygraph work product produced by Detective Mark Zakarian.. d. Polygraph office suite workspace, network and recording facilities to conduct criminal polygraphs to an evidentiary standard. e. Criminal polygraph testing supervision during Detective Mark Zakarian's participation in the mentoring program (selfpaced), not to exceed six (6) months in duration from The date of agreement execution. f. Assistance, supervision, and mentoring with pre -employment polygraphs, as needed.. g. Formal "Letter of Internship Completion" at the end of the training period.. 2. Discretion regarding case investigation: The Meridian Police Chief and his officers shall have the right to exercise due discretion in the performance of this Agreement, including, but not limited to, the type, nature, extent, use, and/or result of any response or activity regarding polygraph examinations undertaken by the Meridian Police Chief and his officers in the course of case investigations. POLYGRAPH MENTORSHIP — page 9 of 11 9 0 3. Liability of Idaho Polygraph Association: Polygraph examinations and related investigations are the sole responsibility of the Meridian police Department. Consequently, unless otherwise agreed to in writing, the Idaho Polygraph Association, Chip Morgan, and/or his associates shall not be responsible or liable for polygraph case investigations but shall serve only as polygraph case consultants. 4. Duties of Polygraph Examiner: When, during the course of the polygraph examination, the examiner Determines that the examinee may have committed a crime, the examiner Shall make the appropriate and necessary actions, including notifying the case agent/investigator in a timely manner. POLYGRAPH MENTORSHIP — page 10 of 11 Attachment B PAYMENT SCHEDULE A. Upon initiation of the mentoring program, Idaho Polygraph Associates shall prepare and submit an invoice to the City of Meridian. The City of Meridian shall provide the Idaho Polygraph Association, payment in the sun of $2,000.00. B. Upon completion of the mentoring program, Idaho Polygraph Associates shall prepare and submit an invoice to the City of Meridian. Upon acceptance of the work and approval of the invoice, the City of Meridian shall provide the Idaho Polygraph Association, payment in the sun of $2,000.00 for the acceptable performance of services set forth herein. TASK DESCRIPTION AMOUNT A. Initiation of Polygraph Mentoring Program $2,000.00 B. Completion of Polygraph Mentoring Program $2,000.00 TOTAL $4,000.00 POLYGRAPH MENTORSHIP — page 11 of 11 r G'iY044;1'z'G�11��1 1.i• y PURCHASING AGENT 33 East Idaho Avenue Meridian, ID 83642 Phone: 208-888-4433 Fax: 208-887-4813 CONDITIONAL NOTICE OF AWARD Chip Morgan Idaho Polygraph Association 5400 West Franklin Road Boise, ID 83705 Date: 8/28/06 Re: Professional Services Agreement The City of Meridian is issuing this Conditional Notice of Award for Polygraph Mentorship, Education and Training Services in the amount of $4,000.00. Upon the City's receipt of the properly endorsed Insurance Certificates and signed Agreement, the City will execute Contract and return along with a Notice to Proceed and signed Purchase Order. Please feel free to contact me if you have any questions, Sincerely, ith Wafte000� Purchasing Agent, City of Meridian Ph. 208-4433 x207 Fax: 208-897-4813 September 29, 2006 MERIDIAN CITY COUNCIL MEETING October 3, 2006 I� APPLICANT ITEM NO. S -P REQUEST Approve ICRMP Insurance Renewal with Joint Powers Subscriber Agreement AGENCY COMMENTS CITY CLERK: See affached 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: Materk* presented at pubOc meetings dw0 becom property of fhe City of Meridian. ICR1 QIP ...oe tste Insurance Billing Invoice WILL BERG City of Meridian 33 E Idaho Meridian, ID 83642 Total Annual Member Contribution for Policy Period 10/01/06 to 9/30/07 inimum due is 50%. Date Billed: 09/01/2006 Policy Number. 26A02114100106 For Service or Questions, Call your Agent: James FuIli nwider (208) 888-1465 Return this portion with your payment $168,024.00 Member: ❑ Address corrections? City of Meridian Please check this box and make 33 E Idaho changes on the back of this form Meridian, ID 83642 and enclose with your payment. Make Checks Payable to: Policy Number: Due Date: ICRMP PO Box 15116Minimum Due: Boise, ID 83715F--$84,012.00 ICRMP... 17Ln uAt L"utance SANDRA S. MOSER, AIG MEMBER SERVICES COORDINATOR September 1, 2006 City of Meridian Will Berg 33 E Idaho Meridian, ID 83642 RE: 2006-2007 Membership Renewal Dear Will: EP - 6 2006 4-V Oerk IMPORTANT RENEWAL INFORMATION Thank you for renewing your membership in ICRMP for the period October 1, 2006 through September 30, 2007. Please contact your local independent agent to receive your policy, vehicle identification cards, and property schedules. A renewal invoice will be mailed directly from ICRMP which may have an increase from last years member contribution greater than ten percent. Attached is a summary of this year's policy language changes for your review. It includes several modifications. If you need further clarification, contact your agent listed below or ICRMP's Member Services Department. Also, we have made modifications to our Joint Powers Agreement. If you would like to review the changes, your agent has a copy of the governing document and it's also available on our website at www.icrmp.org/ICRMP—JPA-2006-2007.pdf. Your membership in the ICRMP program automatically enrolls you in the Idaho Chapter of PRIMA (Public Risk Management Association). This association promotes effective risk management in the public sector. ICRMP has partnered with PRIMA to provide trainings and risk management education. Should you have any questions, please contact your local agent: James Fullinwider (208) 888-1465 Best Regards, Sandy Moser, Member Services Coordinator Idaho Counties Risk Management Program, Underwriters `3100 Vista Avenue, Suite 300 * P 0 Box 15249 * Boise, Idaho 83715 Phone (208) 246-8213 or 1-800-336-1985' Fax (208) 246-8199 E September 29, 2006 MERIDIAN CITY COUNCIL MEETING October 3, 2006 • APPLICANT ITEM NO. S -Q REQUEST Agreement for Professional Services with Civil Survey Consultants for Construction Staking for Water and Sewer Improvements Associated with the ACRD Eagle Road, Victory to Ridenbaugh Canal Project AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pubUc meetings shall become property of the City of Meridian. 0 0 City Of Meridian City Clerk Office Memo To: Will Berg; Tara Green From: Kyle Radek, P.E., Staff Engineer CC: File Date: 9/28/2006 Re: Proposed Agenda Item for October 2, 2006 City Council Meeting The Public Works Department respectfully requests the following item be placed on the May 23 City Council agenda, under Consent Agenda, for Council's consideration: Agreement for Professional Services with Civil Survey Consultants Inc. for construction staking for water and sewer improvements associated with the ACHD Eagle Road, Victory to Ridenbaugh Canal project Recommended Council Action: The Public Works Department recommends that City Council approves the Agreement for Professional Services with Civil Survey Consultants, Inc. for construction staking for the water and sewer improvements associated with the ACHD Eagle Road, Victory to Ridenbaugh Canal project at a cost not to exceed $10,200 and authorizes the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding this item. 0 Page 1 Glenn K. Bennett P.L.S. President Timothy A. Burgess, P.E. Vice President Len Grady, P.E. City of Meridian 660 E. Watertower Street Suite 200 Meridian, ID 83642 Civil Survey Consultants, Inc. 1400 E. Watertower Street Suite 100 Meridian, Idaho 83642 0 (208)888-4312 Fax 888-0323 September 27, 2006 Re: Construction Staking — Eagle Road (Ridenbaugh Canal to Victory Road) Water and Sewer Improvements. Dear Len: Our original professional services agreements for the Eagle Road (Ridenbaugh Canal to Victory Road) and the Eagle Road/Victory Road Intersection Water and Sewer Improvements do not include construction staking. We propose to provide construction staking necessary for completion of the water and sewer improvements in this project on a time and materials basis with a not to exceed amount of $10,200.00 without prior approval of the City of Meridian. If the proposed fee estimate is acceptable please sign and return one copy of the enclosed Agreement for Professional Services. Sincerely, Civil Survey Consultants, Inc. Corey Peacock, P.E. 0 Pi CIVIL SURVEY CONSULTANTS, INC. AGREEMENT FOR PROFESSIONAL SERVICES Project No. THIS AGREEMENT between THE CITY OF MERIDIAN, hereinafter referred to as the "CLIENT" and CIVIL SURVEY CONSULTANTS, INC., an Idaho Corporation, hereinafter referred to as "CSC" is made and entered into this day of . 2006. The CLIENT and CSC in consideration of their mutual covenants herein agree as set forth below. The Client intends to construct sanitary sewer mains, potable water mains, service lines and appurtenances in Eagle Road from the Ridenbaugh Canal to Victory Road as part of ACHD's rebuild of Eagle Road, Project No's. 504043 RD203-17 and 303014 IN277, hereinafter referred to as the PROJECT. CLIENT INFORMATION AND RESPONSIBILITIES The CLIENT will provide to CSC a full and complete description of the PROJECT including; all design criteria, information as to CLIENT's requirements for the PROJECT, design objectives and constraints, capacity and performance requirements, flexibility and expandability needs, any budgetary limitations, and copies of all design and construction standards which CLIENT will require to be incorporated in the Drawings and Specifications. The CLIENT will also provide to CSC all associated project information including data prepared by others; soil borings, probings and subsurface explorations; hydrographic surveys; laboratory tests and inspection reports of samples, materials and equipment; studies and interpretations of all environmental assessment and impact statements; surveys of record; property descriptions; zoning, deed and other land use restrictions; title reports; other special data or consultations as may be available; all of which CSC may use and rely upon in performing services under this Agreement. The CLIENT will obtain permission for CSC to enter upon public and private property as required for CSC to perform services under this Agreement. SERVICES TO BE PERFORMED BY CSC CSC will provide construction staking services as necessary to construct the improvements. Construction staking will be coordinated for the project through ACHD by their project inspector. BASIS OF FEE AND BILLING SCHEDULE The Client will pay CSC for services provided under this Agreement on a time and materials basis with a not to exceed amount of $10,200.00 without prior approval of the City of Meridian. Notice to Proceed, either verbal or written, shall constitute acceptance of this Agreement by the CLIENT. THE TERMS AND CONDITIONS ARE PART OF THIS AGREEMENT. THE CLIENT AGREES TO SAID TERMS AND CONDITIONS. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. City of Meridian 33 E. Idaho Avenue Meridian, Idaho 83642 BY: NAME: TITLE: ATTEST BY: NAME: TITLE: APPROVED BY CITY COUNCIL: Civil Survey Consultants, Inc. 1400 E. Watertower Street, Suite 100 Meridi , o 83642 B. Glenn K. Bennett, President 0 0 CIVIL SURVEY CONSULTANTS, INC. TERMS AND CONDITIONS GENERAL - CSC shall provide for CLIENT professional engineering and/or land surveying services for the Project described in this Agreement. These services will be performed in accordance with generally accepted professional practices for the intended use of the project. CSC makes no other warranty either expressed or implied. CSC shall not be responsible for acts or omissions of any party involved in the Project other than their own. CSC shall not be responsible for failure of any contractor or subcontractor to construct any item in accordance with recommendations issued by CSC. CSC has not been retained to supervise, direct or have control over Contractor's work. CSC specifically does not have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by Contractor(s), for safety precautions and programs incident to the work of Contractor(s) or for any failure of Contractor(s) to comply with laws, rules, regulations, ordinances, codes or orders applicable to Contractor(s) furnishing and performing their work. Accordingly, CSC can neither guarantee the performance of the construction contracts by Contractor(s) nor assume responsibility for Contractor(s) failure to furnish and perform their work in accordance with the Contract Documents. The CLIENT understands and agrees that subsurface and soils characteristics may vary greatly between successive test points and sample intervals. CSC will coordinate this work in accordance with generally accepted practice of the professional services being provided and makes no other warranties expressed or implied or as to the professional advice furnished by professionals providing soils testing or geotechnical advice. Resetting of survey and/or construction stakes shall constitute extra work and shall be paid for on a time and material basis in addition to any other payment provided in this Agreement. OPINIONS OF COST - CSC may be asked to provide opinions of construction or PROJECT costs as part of the professional services under this Agreement. The CLIENT understands and agrees that CSC has no control over the cost of labor, materials, equipment or services furnished by others, or over the Contractor(s)' methods of determining prices, or over competitive bidding or market conditions. The CLIENT understands that CSC opinions of cost are based on CSC experience and represents CSC's judgment based on that experience, but CSC does not guarantee or warranty that either quotes, bids or estimates prepared by contractors, subcontractors or other will not deviate from opinions prepared by CSC. The CLIENT agrees to employ an independent cost estimator if the CLIENT desires additional assurance, warranty or guarantee of PROJECT costs. Should the CLIENT request that CSC modify any PROJECT aspect to reduce construction costs, then those services shall be considered additional and beyond the scope of this Agreement unless specifically stated otherwise in this Agreement. REUSE OF DOCUMENTS - CSC shall retain an ownership interest of all professional products prepared by CSC. The CLIENT agrees that no product will be reused without specific written permission of CSC. The CLIENT agrees to indemnify and hold CSC harmless from any claims, damages, losses and expenses arising from unauthorized reuse of all work products prepared by CSC for the PROJECT. GOVERNING LAW - Unless otherwise provided in an addendum, the law of the State of Idaho will govern the validity of this Agreement, its interpretation and performance, and remedies for contract breach or any other claims related to this Agreement. SUCCESSORS AND ASSIGNS - CLIENT and CSC each is hereby bound and the partners, successors, executors, administrators and legal representatives of CLIENT and CSC are likewise bound to the other party to this Agreement, in respect of all covenants, agreements and obligations of this Agreement. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than CLIENT and CSC, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of CLIENT and CSC and not for the benefit of any other party. TIMES OF PAYMENTS - CSC shall submit monthly statements for services rendered and for Reimbursable Expenses incurred. CLIENT shall make prompt monthly payments. If CLIENT fails to make any payment due CSC for services and expenses within thirty (30) days after receipt of CSC's statement therefor, the amounts due CSC will be increased at the rate pf 1.5% per month from said tenth day, and in addition, CSC may, after giving ten days' written notice to CLIENT, suspend services under this Agreement until CSC has been paid in full all amounts due for services, expenses and charges. TERMINATION - The obligation to provide further services under this Agreement may be terminated by either party upon thirty days' written notice. Such termination shall be based upon substantial lack of performance by the other party under the terms and conditions of this Agreement when said substantial lack of performance is through no fault of the terminating party. If this Agreement is terminated by either party, CSC shall be paid for services rendered and for reimbursable expenses incurred to the date of such termination. HAZARDOUS WASTE AND ASBESTOS - The CLIENT and CSC agree that the work covered in this Agreement does not anticipate either the presence or remediation of hazardous waste and/or asbestos. Hazardous materials may exist where there is not reason to believe they should be present. CSC and the CLIENT agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work or termination of services. CSC and the CLIENT also agree that the discovery of unanticipated hazardous materials may make it necessary for CSC to take immediate measures to protect human health and safety, and/or the environment. CSC agrees to notify the CLIENT as soon as practically possible should unanticipated hazardous materials or suspected hazardous materials be encountered. The CLIENT encourages CSC to take any and all measures that in CSC's professional opinion are justified to preserve and protect the health and safety of CSC's personnel and the public, and/or the environment, and the CLIENT agrees to compensate CSC for the additional cost of such work. In addition, the CLIENT waives any claim against CSC, and agrees to indemnify, defend and hold CSC harmless from any claim or liability for injury or loss arising from CSC's encountering unanticipated hazardous materials or suspected hazardous materials. The CLIENT also agrees to compensate CSC for any time spent and expenses incurred by CSC in defense of any such claim, with such compensation to be based upon CSC's prevailing fee schedule and expense reimbursement policy. DISPUTE RESOLUTION - All claims, disputes or controversies arising out of, or in relation to the interpretation, application or enforcement of this Agreement shall be decided through non-binding mediation or other mutually agreed alternative dispute resolution technique. The CLIENT and CSC agree non-binding mediation or other mutually acceptable alternative dispute resolution technique shall precede litigation or recourse to other judicial forums. RECOVERY OF DISPUTE RESOLUTION COSTS - In the event that legal action is brought by either party against the other, the prevailing party shall be reimbursed by the other for the prevailing party's legal costs, in addition to whatever other judgments or settlement sums, if any, may be due. Such legal costs shall include, but not be limited to, reasonable attorney's fees, court costs, expert witness fees and other documented expenses, as well as the value of time spent by the prevailing party and those in his or her employ in researching the issues in questions, discussing matters with attorneys and others, preparing for depositions, responding to interrogatories, and so on. The value of time spent and the expenses incurred shall, on CSC's part, be computed based upon CSC's prevailing fee schedule and expense reimbursement policy relative to the recovery of direct project costs. EXTENT OF AGREEMENT - This Agreement represents the entire and integrated agreement between the CLIENT and CSC and supersedes all prior negotiations, representations or agreements, written or oral. The Agreement may be amended only by written instrument signed by both CLIENT and CSC. Glenn K. Bennett, P.L.S. President Timothy A. Burgess, P.E. Vice President Labor: • Civil Survey Consultants, Inc. 1400 E. Watertower Street Suite 100 Meridian, Idaho 83642 CIVIL SURVEY CONSULTANTS PREVAILING FEE SCHEDULE EFFECTIVE OCTOBER 1, 2005 Project Manager Chief of Surveys Project Engineer Land Surveyor Design Engineer 1 Design Engineer 2 Design/Survey Technician 1 Design/Survey Technician 2 Direct Expenses: - $ 100.00 per hour - $ 100.00 per hour - $ 85.00 per hour - $ 75.00 per hour - $ 75.00 per hour - $ 70.00 per hour - $ 65.00 per hour - $ 60.00 per hour GPS - $ 40.00 per hour Vehicle 2 -Wheel Drive - $ No Charge Vehicle 4 -Wheel Drive - $ No Charge Outside Printing - $ Cost Long Distance Telephone - $ Cost Sub -Consultants - $ Cost r -J (208)888-4312 Fax 888-0323 11 September 29, 2006 MERIDIAN CITY COUNCIL MEETING October 3, 2006 1�s APPLICANT ITEM NO. 5-R REQUEST License Agreement with Nampa Meridian Irrigation District for Windham place AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: 6V 1 MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Page I of 1 Tara Green From: Ted Baird Sent: Thursday, September 28, 2006 3:14 PM To: Tara Green; Bill Nary; Michelle Albertson Cc: Sharon Smith; Machelle Hill; Will Berg Subject: RE: License Agreement with NMID Thank you for the opportunity to review this document. I have checked it against the site specific conditions of approval, and the document is hereby approved by the Legal Department as to form and content. You may proceed to place it on the next available consent agenda. From: Tara Green Sent: Thursday, September 28, 2006 12:14 PM To: Bill Nary; Ted Baird; Michelle Albertson Cc: Sharon Smith; Machelle Hill; Will Berg Subject: RE: License Agreement with NMID icenSe Agre -TvIID for Windham �Iace. This has N 0 '�T been reviewed. Here is a L ernent with IN F n Legal — can you please re -view and let me know it this is okay to put on a Utv douncii Agenda. Thanks anu[ let me know, if you need -t anything else. From: Tara Green Sent: Wednesday, September 27, 2006 1:32 PM To: Sharon Smith; Machelle Hill; Nancy Radford; Will Berg Subject: License Agreement with NMID Kristy called and had Kara with Munger over there with a License Agreement that needed to be signed by the Mayor. I told her to interoffice it to us so we can get it to legal to look at and then it will need to go on a City Council agenda before we get the signature. Tara Green Deputy City Clerk City of Meridian City Clerk's Office 208-888-4433 Ext. 210 9/28/2006 0 Yy�� 1VI UNG — R �c��l LNGINE�RING, INC. QV 4090 WEST STATE STREET, SUITE 29 - BOISE, IDAHO 83703 - PHONE: (208) 426-8314 TRANSMITTAL LETTER FOR: ®DELIVERIES ❑PICK UPS To: City of Meridian Attn: DATE 9/27/06 Job No: 06-004-00 Project: Windham Place WE ARE SENDING YOU: WE ARE PICKING UP ❑ (*See remarks) ❑As Requested ®Attached ❑Under Separate Cover, Via ❑ Use ❑ Record ❑ Bidding ❑ Cost Estimating ® Information ❑ Review and Comment ❑ Approval ❑ THE FOLLOWING: ❑ Print(s) ❑ Plan(s) ❑ Calculations ❑ Copy of Letter ❑ Specifications ❑ ShopDrawin s ❑ Disks *See disclaimer ❑ Other see remarks Copies Date Sheet No. Description Remarks: License Agreement with NMID for the Pathway. Please sign and call Cara Duskey at 426-8314 to pick up and deliver to Ringert Clark Copy to: ❑With Enc. ❑With Enc. By: Cara Duskey Signed: DISK DISCLAIMER: (PLEASE READ AND SIGN). ALL USERS OF THIS ELECTRONIC DATA SHALL BE AWARE OF THE PRECISION, OR LACK OF PRECISION, THEREIN. WE ARE FORWARDING THIS ELECTRONIC DATA FOR YOUR CONVENIENCE ONLY, NOT AS AN ACCURATE REPRESENTATION OF THE PROPOSED PROJECT. MUNGER ENGINEERING, INC. IS NOT RESPONSIBLE FOR ANY DAMAGES INCURRED DUE TO RELIANCE OF THIS DATA. FOR MUNGER ENGINEERING, INC. USE ONLY: RECEIVED BY: SE P 2 8 2006 City Of Meridian City Clerk Office • LICENSE AGREEMENT LICENSE AGREEMENT, made and entered into this day of , 2006, by and between NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho, party of the first party, hereinafter referred to as the "District," and THE CITY OF MERIDIAN, a political subdivision and municipality of the State of Idaho (hereinafter "City"). party or parties of the second part, hereinafter referred to as the "Licensee," WITNESSETH: WHEREAS, the parties hereto entered into a Master Pathway Agreement For Developing and Maintaining Pathways for public use along and across some of the District's ditches and within some of the District's easements and fee title lands dated December 19, 2000, recorded as Instrument No. 100102999, records of Ada County, Idaho, hereinafter referred to as the "Master Pathway Agreement;" and, WHEREAS, the District and the City intended by entering the Master Pathway Agreement to accomplish the following in a manner that is consistent with their respective legal and fiduciary responsibilities; to enhance the City's pathway planning though early consultation between the City and the District; to establish a process for the City's submission of pathway requests and the District's consideration of such requests; and to provide the general conditions for the District's approval and authorization of pathway requests affecting the District's ditches, property, operations and maintenance; and, WHEREAS, the District grants to Licensee the right develop pathways to encroach within the District's easements along and across the District's ditches, canals and easements therefor upon the terms and conditions of said Master Pathway Agreement and after the execution of a license agreement for each proposed crossing and encroachment; and, WHEREAS, the Licensee is the owner of the real property easement / right of way (burdened with the easement ofthe District hereinafter mentioned) particularly described in the "Legal Description" attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS, the District controls the irrigation ditch or canal known as FINCH LATERAL (aka South Slo Zb (hereinafter collectively referred to as "ditch or canal") together with the real property and/or easements to convey irrigation water, to operate and maintain the ditch or canal, and which crosses and intersects said described real property of the Licensee as shown on Exhibit B attached hereto and by this reference made a part hereof; and, LICENSE AGREEMENT - Page 1 0 . WHEREAS, the Licensee desires a license to perform construction to pave a pathway within the District's easement for the Finch Lateral under the terms and conditions of said Master Pathway Agreement and those hereinafter set forth, NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and conditions hereinafter set forth and those set forth in said Master Pathway Agreement, the parties hereto agree as follows: 1. Licensee may perform construction involving the paving of the pathway on the south east side of the Finch Lateral, within the District's easement for said drain, located within the Windham Place Subdivision, southeast of the intersection of Ustick Road and Meridian Road, Meridian, Ada County, Idaho. 2. Any construction, widening or crossing of said ditch or canal shall be performed in accordance with the "Special Conditions" stated in Exhibit C, attached hereto and by this reference made part thereof. 3. The permitted hours of use of the pathway shall be one half hour before sunrise and one half hour after sunset. 4. The parties hereto incorporate in and make part of this License Agreement all the covenants, conditions, and agreements of said Master Pathway Agreement unchanged except as the result of the provisions of this License Agreement. The covenants, conditions and agreements herein contained and incorporated by reference shall constitute covenants to run with, and running with, all of the lands of the Licensee described in said Exhibit A, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the District has hereunto caused its corporate name to be subscribed by its officers first hereunto duly authorized by resolution of its Board of Directors and the Licensee has hereunto subscribed its corporate name to be subscribed and its seal to be affixed thereto, all as of the day and year herein first above written. NAMPA & MERIDIAN IRRIGATION DISTRICT Its President ATTEST: Its Secretary LICENSE AGREEMENT - Page 2 0 r ATTEST: STATE OF IDAHO ) ss: County of Canyon ) THE CITY OF MERIDIAN q� BEAL `r„ 1 `a�Ap�PB�`1 PfGF(4`;t41i•,1 � .. On this day of , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared Ronald S. Becker and Daren R. Coon, known to me to be the President and Secretary, respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district 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. Notary Public for Idaho Residing at , Idaho My Commission Expires: STATE OF IDAHO ) ss: County of _ ) On this Yf� day of aNdzcr, 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared u At weud and Wi I 1101MG. t - known to me to be the ffnWCC and e+►L , respectively, of The CfTY OF MERIDIAN, the entity that executed the foregoing Inst went and acknowledged to me that such entity executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate[ Vit i4oveewritten. �( Notary Public for 1C1&ViO Residing at cold u L1 ID My Commission Expires: 10111ki ®,ID1�HQ„•• EXHIBIT A LICENSE AGREEMENT - Page 3 0 EXHIBIT A Legal Description 0 In the North West 1/4, Section 6, Township 3 North, Range 1 East, B.M., Meridian, Ada County, Idaho. EXHIBIT C Special Conditions a. Construction of the pathway shall be in accordance with Exhibit C-1, attached hereto and by this reference made a part hereof. b. The District's easement for this section of the Finch Lateral is 80 feet, 40 feet to either side of the centerline. Construction shall be completed not later than one year from the date of this agreement. Time is of the essence. LICENSE AGREEMENT - Page 4 Exhibit D-1 F-1 LJ September 29, 2006 MERIDIAN CITY COUNCIL MEETING October 3, 2006 n LJ APPLICANT ITEM NO. 5-S REQUEST Resolution — Destruction of Temporary Records - Old Finance Documents AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Resolution CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: 3 "r 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. • CITY OF MERIDIAN RESOLUTION NO. 40oi� —534— BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO, AUTHORIZING THE CITY CLERK TO DESTROY CERTAIN RECORDS / DOCUMENTS WHICH MAY BE DEFINED IN IDAHO STATE CODE AS TEMPORARY RECORDS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Council have the authority pursuant to Idaho State Code § 50-907 by resolution to destroy semipermanent and temporary records upon the advice of the City Attorney and with such disposition to be under the direction and supervision of the City Clerk; and WHEREAS, the City Clerk has identified certain records that may be destroyed pursuant to the Idaho State Code 50-907(4) because time period for retention has expired; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. They hereby authorize, under the direction and supervision of the City Clerk, the destruction of the following semipermanent and temporary records of the Finance Department as defined by Idaho State Code 50-907(2) and (3): FINANCE: Year Description AP Vouchers FY1980-FY2001 includes: invoices or warrants, purchase orders, packing slips, check stubs Cash Receipts FY1980-FY2001 includes: hand written cash receipt forms, check stubs, or backup information Journal Entries FY1980-FY2001 includes: JE report and backup documentation Bank Statements FY1980-FY2001 includes: the original bank statement and the City reconciliation forms (no cancelled checks) MUSS: Sewer Average reports FY1990-FY2001 reports of customer water usage to average the sewer monthly billings MUBS Shut off reports FY1990-FY2001 reports of utility customers to be approved for shut off due to delinquent balances Meter handheld reports FY1990-FY2001 reports of meter readings for water usage MUBS reports & agings FY1990-FY2001 reports of utility billings and customer balances due MUBS assessments FY1990-FY2001 assessment requests made by title companies for final utility billings for City water customers MUBS deposits reports FY1990-FY2001 reconciliation of daily utility cash receipts for bank deposits MUBS cash receipts FY1990-FY2001 cash receipts from utility customers RESOLUTION – DESTRUCTION OF TEMPORARY RECORDS Pagel of 2 E A copy of this Resolution shall be held on file in the office of the City Clerk. SECTION 2. EFFECTIVE DATE: This Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 7/2�day of 2006. APPROVED by the Mayor of the City of Meridian, Idaho, this c? day of (/ G�'�-�✓✓ , 2006. APPROVED: G y de Weerd Of ATTEST: 819AL1 William G. Berg, Jr., G6 Clerk Ale.. B®®�gB�1FiFFii PZ9348®'a RESOLUTION — DESTRUCTION OF TEMPORARY RECORDS Page2 of 2 UHRICAL To: SHARON SMITH, SENIOR DEPUTY CITY CLERK CITY OF MERIDIAN CITY HALL33 EAST IDAHO AVENUE MERIDIAN, ID 83642? `� "='"`Q "The History and Preservation People" City of Meridian Our mission: to educate City Clerk Office through the identification, From: Steve Walker, State Archivist preservation, and interpretation of Idaho's cultural heritage. www.idahohistory.net Date: October 20, 2006 James E. Risch Governor of Idaho Re: AP Vouchers, 1980-2001; Cash Receipts, 1980-2001; Steve Guerber Journal Entries, 1980-2001; Bank statements, 1980-200.1; Executive Director Sewer Average Reports, 1990-2001; Shut Off Reports, 1990-2001; Meter Handheld Reports, 1990-2001; MUBS Mods od pen;itentiary Road Reports & Agings, 1990-2001; MUBS Assessments, 1990- 13oisc, Idaho 837120 2001 MUBS Deposits ReY�orts 1990-2001 • MUBS Cash P Y , > Office: (208) 334-2682 Fax: (208) 3342774 Reports, 1990-2001 Archaeological Survey of Idaho 210 Main Sueet Boise, Idaho 83702-7264 Office: (208) 3343847 Fax: (208) 334-2775 Thank you for your letter of October 12, 2006 requesting Historical Museum and permission to destroy obsolete files. The Historical Society does Education Program ive not consider the records you have cited (AP Vouchers, 1980-2001; Boise,Officei(208)3ho 334-2120 5 Cash Receipts, 1980-2001; Journal Entries,1980-2001; Bank Fax: (208) 334-4059 statements, 1980-2001; Sewer Average Reports, 1990-2001; Shut Historic Sft Preservation Office 210 MaStr Main Ma Off Reports, 1990-2001; Meter Handheld Reports, 1990-2001; Boi210 MUBS Reports & Agings, 1990-2001; MUBS Assessments, 1990- O�ccee:(208)334-3961� Fax:(208)3342775 2001; MUBS Deposits Reports, 1990-2001; MUBS Cash Reports, Historic SitesPena Officentiar 1990-2001) to have historical significance and has no desire in 2445 Old Penitentiary Road obtainingthe hard copies for these items. p Ofiice: (2 8) 334-29" Office: (208) 3342844 Fax: (208) 3343225 Public Archives and 'chis letter constitutes -the approval of the State Archivist for the Research Library 2205 Old Penitentiary Road destruction of these records. Boise, Idaho 83712-8250 /bile Archives Office: (208) 3342620 Pax: (208) 3342626 Research Library Office: (208) 3343356 Fax: (208) 3343198 r Oral History Office: (208) 3343863 Fax: (208) 3343198 s Steven A. Walker State Archivist 0 The Idaho State Historical Society is an Equal Opportunity Employer. MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Joseph W. Borton Charles M. Rountree Shaun Wardle CITY DEPARTMENTS City Attorney/HR 703 Main Street 898-5506 (City Attorney) 898-5503 (HR) Fax 884-8723 Fire 540 E. Franklin Road 888-1234/fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579/fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533/fax 888-6844 Police 1401 E. Watertower Lane 888-6678/fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500 / fax 895-9551 - Building 660 E. Watertower Lane Suite 150 887-22111 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 October 12, 2006 Steve Walker, Archivist Idaho State Historical Society 2205 Old Penitentiary Road Boise, Idaho 83712 Re: Resolution No. 06-634 Authorizing Destruction of Temporary Records of the Finance Department Dear Mr. Walker, Enclosed you will find a copy of the above Resolution as recently approved by the City Council of the City of Meridian. Please call my office at 208-888-4433 as soon as possible if you have any concerns with the destruction of these temporary records. Our Finance Department plans to destroy these records on November 1, 2006 if we do not have concerns expressed by your office. Thank you for your assistance. Sincerely, Sharon Smith Senior Deputy City Clerk enc. CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK —FAX 888-1218 FINANCE & UTILITY BILLING —FAX 887-4813 MAYOR'S OFFICE— FAX 884-8119 Printed on recycled paper 0 CITY OF MERIDIAN BY THE CITY COUNCIL: L_J RESOLUTION NO. e li� 534— BIRD, BORTON, ROUNTREE, WARDLE A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO, AUTHORIZING THE CITY CLERK TO DESTROY CERTAIN RECORDS I DOCUMENTS WHICH MAY BE DEFINED IN IDAHO STATE CODE AS TEMPORARY RECORDS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Council have the authority pursuant to Idaho State Code § 50-907 by resolution to destroy semipermanent and temporary records upon the advice of the City Attorney and with such disposition to be under the direction and supervision of the City Clerk; and WHEREAS, the City Clerk has identified certain records that may be destroyed pursuant to the Idaho State Code 50-907(4) because time period for retention has expired; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. They hereby authorize, under the direction and supervision of the City Clerk, the destruction of the following semipermanent and temporary records of the Finance Department as defined by Idaho State Code 50-907(2) and (3): FINANCE: AP Vouchers Cash Receipts Joumal Entries Bank Statements MUSS: Sewer Average reports MUSS Shut off reports Meter handheld reports MUSS reports & agings MUSS assessments MUSS deposits reports MUSS cash receipts Year Description FY1980-FY2001 includes: Invoices or warrants, purchase orders, packing slips, check stubs FY1980-FY2001 includes: hand written cash receipt forms, Check stubs, or backup Information FY1980-FY2001 Includes: JE report and backup documentation FY1980-PY2001 includes: the original bank statement and the City reconciliation forms (no cancelled checks) FY1990-FY2001 reports of customer water usage to average the sewer monthly billings FY1990-FY2001 reports of utility customers to be approved for shut off due to delinquent balances FY1990-FY2001 reports of meter readings for water usage FY1990-FY2001 reports of utility billings and customer balances due FY1990-FY2001 assessment requests made by title companles for final utility billings for City water customers FY1990-FY2001 reconciliation of daily utility cash receipts for bank deposits FY1990-FY2001 cash receipts from utility customers RESOLUTION — DESTRUCTION OF TEMPORARY RECORDS Pagel of 2 • 0 A copy of this Resolution shall be held on file in the office of the City Clerk. SECTION 2. EFFECTIVE DATE: This Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this ellyday of !'%GI -F 64-+— , 2006. APPROVED by the Mayor of the City of Meridian, Idaho, this 2006. APPROVED: ?d4 ``\ OF �or y de Weerd T ATTES � SICAL ; A�-'Ox f William G. Berg, Jr., Cit Clerk 1 "f J!t i 111110, day of RESOLUTION — DESTRUCTION OF TEMPORARY RECORDS Page2 oft September 29, 2006 MERIDIAN CITY COUNCIL MEETING October 3, 2006 U APPLICANT ITEM NO. S -T REQUEST Streetlight Agreement for Kingsbridge Subdivision No. 1 by Kingsbridge Properties, LLC AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. 0 • City of Meridian Public Works Dept, R Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 9/27/2006 Re: Proposed Agenda Items for 10/3/06 City Council Meeting City Of Meridian City Clerk Office The Public Works Department respectfully requests that the following items be placed on the 10/3/06 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Streetlight Agreement for Kingsbridge #1 by Kingsbridge Properties LLC. Typical Streetlight Agreement. Recommended Council Action: Approve the Streetlight Agreement for Kingsbridge #1 by Kingsbridge Properties LLC and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 i 0 STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF MERIDIAN and Kingsbridge Properties LLC, pertaining to the street lights in Kingsbridge Subdivision Phase 1, a residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Kingsbridge Properties LLC will provided 16 street light poles, concrete pole bases, fixtures, bulbs, and components to the residential development known as Kingsbridge Subdivision Phase 1 in Meridian, Idaho. The parties acknowledge that the 16 street light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho. 2. Kingsbridge Properties LLC, or it's assigns, agree to replace, repair and provide any required maintenance of any of the above mentioned street lights, and/or appurtenances thereof, that may hereafter be broken, damaged, or deteriorated, or require maintenance, at its own expense; and it is further agreed that, or its heirs, successors and assigns, shall keep the lights operational at all times, it being understood by the City that bulbs, and/or ballast, do burn out and that the City will allow reasonable time to replace them. 3. It is agreed that the City of Meridian authorize and pay for the electrical service to be supplied to the 16 street lights located in Kingsbridge Subdivision Phase 1 in the usual and customary manner. 4. It is agreed that the City of Meridian, because Idaho Power Company will not maintain the bulbs and ballast or provide any maintenance, will enter into a Schedule 40 Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in proper cases provide that Idaho Power Company would provide maintenance, bulbs, and ballast. It is also agreed that lighting served under the Schedule 40 Agreement must be controlled by a photo electric device of the "fail off' type. 5. It is understood and agreed that Kingsbridge Properties LLC will assign its rights and obligations hereunder to Kingsbridge Subdivision H.O.A. when said Homeowners Association is formed and operational. STREET LIGHT AGREEMENT Page 1 C 0 This AGREEMENT shall be binding on Kingsbridge Properties LLC. its heirs, successors and assigns, and the CITY OF MERIDIAN. Dated this day of , 20 ATTEST: William G. Berg, Jr., City Clerk ATTEST: Teresa Hewitt, Secretary CITY OF MERIDIAN, a municipality and Political subdivision of the State of Idaho IM Mayor DeWeerd. Kingsbridge Properties LLC By Randal S. Clarno, aging Member STREET LIGHT AGREEMENT Page 2 STATE OF IDAHO, ) ss. County of Ada, ) On this _ day of , 20 , before me, the undersigned, a Notary Public in and for said State, personally appeared Mayor DEWEERD, and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY OF MERIDIAN, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL STATE OF ic%ha ) 9 SS. County of We( ,) NOTARY PUBLIC FOR IDAHO RESIDING AT MY COMMISSION EXPIRES On this ZS day of _ All�111 Le,- , 20 OLr , before me, the undersigned, a Notary Public in and for said State, personally appeared RANDAL S. CLARNO and TERESA HEWITT known to me to be the Managing Member and Secretary of Kingsbridge Properties LLC, and who executed the within instrument on behalf of said corporation, and acknowledged to me that said corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL o` °°°°....° \4,C3TAq ° O s : p t + � ° OF1®elle®tee 111.°9gRpR0o STREET LIGHT AGREEMENT NOTARY L�%/�C'� RESIDING AT CiQC�/`fJ�l MY COMMISSION EXPIRES LIL2V/6 Page 3 0 September 29, 2006 MERIDIAN CITY COUNCIL MEETING October 3, 2006 APPLICANT ITEM NO. S -U REQUEST Water Main Easement Agreement for Schumacher Building by Vi Joint Venture 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: maf� SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff initials: Materials presented at public meetings shall become properly of the City of Meridian. u Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 9/27/2006 Re: Proposed Agenda Items for 10/3/06 City Council Meeting City of Meridian Public Works Dept. RECE4TD SEP 2 9 2006 City Of endian City Clerk Oicc The Public Works Department respectfully requests that the following items be placed on the 10/3/06 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for Schumacher Building by VJ Joint Venture. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Schumacher Building by VJ Joint Venture and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 0 WATER MAIN EASEMENT THIS INDENTURE, made this M''D day of SEPTEMBER 2006 between VJ JOINT VENTURE the parties of the first part, and hereinafter called the Grantors, and the City of Merl party of the second part, and hereinafter called the Grantee; dtan, Ada County, Idaho, the 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 ofthe easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or 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 MAIN 0 • 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. ) ss County of Ada ) On this °' day of ® f— 20�/� before me, the undersigned,a Notary Public in and for said State, personally appeared ® W ? 4 �,�- and known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. EEM N TAS i Z •'•y T Of l�l, Water Main Easement OR 0 '' e Commission Expires: EASMT WTR MAIN 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 . 20before 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 MAIN Sep 22 2006 8:39AM 1W ER ENGINEERING,INC. 4319 p.2 Sep 21 06 11:52a Claiborn-Waite ConSultine 208 429 9962 p.2 `ti. a'L.rd V ir;' W�' d � r ,. �.1+. '�.. g �►�':e� �'le � d r. �.e� - ti� :: � .1.. a .! . ��. C'.: � j;": Gt.`•� :1 Gc .x...;11:. J C� 120 N. Curds Rd. Boise, Idaho 83706 (209) 3764555 Fax(2Q8)429-9862 P.N, 2324 September 20, 2006 WATER MAIN EXTENSION PORKY PARD SUBDIVISION NO.2 EASEMENT DESCRIPTION A 20 foot wide strip of land being a portion of lots 1 and 2, Block 2 of Porky Park Subdivision No.2 filed in book 96 of plats at page 11881, Ada Cotmty Records, and located in the North 1/2 of the South 1/2 of Section 9, T.3N., R.1 E., B.M., Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at Northeast corner of said Got 1, Block 2 of Porky Park Subdivision No. 2, thence N 890 10'47" E along the North boundary of said Lot 2, Block 2 of Porky Park Subdivision No. 2 for a distance of 7.92 feet to the REAL POINT OF BEGINNING of said 20 foot wide strip of land lying 10 feet left and 10 feet right of the following described centerline: thence 1 caving said North boundary S 00°49' 13" E for a distance of 77.91 feet; thence S 89° 10'47" W for a distance of 9.04 feet to a point on the East boundary of said Lot 1; thence continuing S 891210'47" W for a distance of 1.87 feet to the point of terminus of said centerline and 20 foot wide strip of land. Prepared by:, Todd R. Waite P.L. S. CiTrojousWRKY PARK LOT Of (2324)11Dawnsnt%kWATEREASEAbc-1 Sep 22 2006 8:40RM M GER ENGINEERING,INC. 4 319 Sep 21 06 11:52a Clai rn-Waite Consulting 206 42962 kCAI Pm m � 31 v 4n z�•S x Qzq :a � a C7 � ^-1 r OR 1 N 00'6 N. C 5%tl.`" �� ol o p.3 vL� I -n r , �2: p.3 C� September 29, 2006 MERIDIAN CITY COUNCIL MEETING October 3, 2006 APPLICANT ITEM NO. S -V REQUEST Employee Benefits Client Service Agreement with Mercer Health and Benefits AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY see a8ached 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: t! 0 o, SANITARY SERVICE COMPANYQ 1 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 mee#W shall become properly of the City of Meridian. EMPLOYEE BENEFITS CLIENT SERVICE AGREEMENT AGREEMENT, dated August 1, 2006, between City of Meridian ("Client") and Mercer Health and Benefits. It is agreed as follows: Services. Mercer is engaged as the Client's exclusive employee benefits insurance broker/consultant and shall perform the following services for the Client with respect to the following lines of coverage: Medical/Rx, Dental Vision EAP Group Short and Long Term Disability Group Life & AD&D. Voluntary Sunnlemental Life & AD&D, Voluntary AFLAC Plans Medical and Dependent Care Spending Account Mercer's ability to provide you the following services is conditioned upon Mercer's receipt of accurate and timely information related to you and the plans and products subject to our services. Mercer will not independently verify or authenticate information not originating from Mercer. Client shall be solely responsible for the accuracy and completeness of such information and other documentation furnished to Mercer. The Client understands that the failure to provide all necessary information to an insurer, employee benefit provider or third party vendor, whether intentional or by error, could result in the impairment or voiding of coverage or service. A. Consulting Services Mercer will: Is Conduct strategic planning sessions to review performance of Client's current employee benefits coverages and establish future objectives and strategies to manage Client's employee benefits coverage and programs to which this agreement applies. ■ Meet with the Client's key people, designated by the Client' -s Management Team as the employee benefits managers on a quarterly or as needed basis, to discuss strategy and open items. ■ Develop a mutually agreeable renewal action plan and timeline that meets the Client's stated objectives. ■ Keep the Client informed of significant changes and/or trends in the employee benefits marketplace. ■ Benchmark all plan costs and employee contributions to industry, size and regional standards on an annual basis. ■ Analyze factors driving Client's plan costs if experience data is available. In connection with such analysis, Mercer will review utilization reports to determine possible causes of identified cost increases. Assist Client in managing risks and costs of its employee benefits coverages. LJ Establish comprehensive claims reports for coverages detailing paid claims (and reimbursements if applicable), premium/funding and enrollment summaries. Mercer will provide these reports to Client on a monthly basis and will identify and discuss trends and potential problems. Provide cost projections and funding analysis (review of funding methodology with emphasis on employer costs and the tier structure of the contribution.) ■ When marketing your plans, prepare an analysis comparing current costs, plan designs, administration costs, network discounts and network accessibility. (Note - we may not perform marketing of every line of coverage every year). ■ With respect to the renewal process of Client's benefits coverages, Mercer will conduct an annual review during the renewal process to include negotiations, on Clients' behalf, with current vendors/carriers, as per Client's request. ■ Upon the request of Client, Mercer will prepare a RFP for purposes of obtaining competitive quotes from the marketplace. Mercer will be the primary point of contact during the bidding process. ■ Upon request of Client, evaluate and assist in the management of voluntary benefit products offered to Client's employees. ■ Assist Client in the implementation of the benefit program by dealing with vendor/carriers and performing contract and SPD review for purposes of determining conformity to agreed upon plan provisions and costs. ■ Advise Client with respect to available technology platforms to support delivery and administration of its employee benefit plans. ■ Assist Client in the development of paper and/or web -based communication strategies. ■ Provide Client access to HRKnowHow. ■ Coordinate the collection of Schedule A information for Form 5500 filings. B. Placement Services ■ Identify and negotiate on the Client's behalf with insurers and other benefit program providers and keep the Client informed of significant developments. Mercer shall be authorized for purposes of this Agreement to represent and assist the Client in all discussions and transactions with all insurers/providers, provided that Mercer shall not place any insurance or vendor programs on behalf of the Client unless so authorized by the Client. ■ Assist with documentation and other steps to obtain commitments for and implement insurance policies and other services selected by the Client regarding its employee benefits program upon the Client's instructions, it being understood that Mercer will not independently verify or authenticate information not originating from Mercer 2 necessary to prepare proposals or underwriting submissions and other documents relied upon by insurers/providers, and the Client shall be solely responsible for the accuracy and completeness of such information and other documents furnished to Mercer and/or insurers/providers and shall sign any application for coverage. The Client understands that the failure to provide all necessary information to an insurer, employee benefit provider or third party vendor, whether intentional or by error, could result in the impairment or voiding of coverage or service. ■ Provide Client access to the national insurance marketplace and related services marketplace and use Mercer's commercially reasonable efforts to place insurance policies and other services selected by the Client regarding it's employee benefit program on behalf of the Client, if so instructed by the Client. Monitor published financial information, to the extent readily available to Mercer, of the Client's current insurance carriers and alert the Client when the status of one or more of such carriers falls below Mercer's minimum financial guidelines. Mercer will not, however, be responsible for the solvency of any insurance carrier or its ability or willingness to pay claims, return premiums or other financial obligations. Insurance carriers, with whom the Client's risk has been placed, will be deemed acceptable to the Client, in the absence of contrary instructions from the Client. Mercer does not monitor published financial information for non -insurance providers and Mercer will not be responsible for the solvency of any employee benefit provider or third party vendor who provides products or services to the Client. Employee benefit providers or third party vendors who offer products or services to the Client will be deemed acceptable to the Client in the absence of contrary instructions from the Client. ■ Act as a liaison between the Client and insurers/ providers for the lines of coverage and services that Mercer has placed or obtained on behalf of Client or for which Mercer is named as the broker of record. ■ Provide the Client with detailed invoices, except in the case of direct billing by insurers or employee benefit providers. In certain cases, placements which Mercer makes on the Client's behalf may require the payment of insurance premium taxes (including US federal excise taxes), sales taxes, use taxes, surplus or excess lines and similar taxes and/or fees to federal, state or foreign regulators, boards or associations. The Client will pay such taxes and fees whenever assessed. To the extent practicable and where Mercer invoices, such taxes and fees will be identified by Mercer on invoices covering these placements. Following any such placement, deliver confirmation of coverages as promptly as practicable. ■ Follow up with insurance carriers/providers for timely issuance of policies and endorsements/contracts. ■ Follow up with insurance carriers/providers with respect to the payment of return premiums. ■ Review policies, contracts and endorsements for accuracy and conformity to specifications provided by Client and the related negotiated coverages. ■ Assist the Client in connection with issues relating to interpretation of insurance policies/contracts placed by Mercer. ■ Provide information/coverage summaries for all new coverages and updates on changes to existing coverages. Mercer does not speak for any insurer or other vendor, is not bound to utilize any particular insurer or vendor, and does not have the authority to make binding commitments on behalf of any insurer or vendor. Mercer does not guarantee or make any representation or warranty that employee benefits programs can be placed on terms acceptable to the Client. 2. Compensation. Mercer will deliver the services as outlined in this Agreement for an annual fee of $30,000 payable and to be invoiced monthly. With respect to the insurance placed by Mercer on the Client's behalf, Mercer will disclose to the Client any commissions received by Mercer, credit them against remaining installments of the annual fee and, to the extent in excess of the remaining installments, refund previously paid installments of the fee. In the event such commissions for a contract year exceed Mercer's annual fee for that year, then excess commissions will be returned to the Client if permitted by law. Otherwise, excess commissions will be carried forward and applied against Mercer's annual compensation for subsequent years if permitted by law. Agency Bill: Mercer Full Services $30,000 (244 Employees) In the event there is a significant change in the Client's operations which affects the nature and scope of its insurance program, Mercer and the Client both agree to renegotiate Mercer's compensation in good faith as appropriate. 3. Term. The term of this Agreement is one year and shall commence on August 1, 2006. The contract will be renewed annually. The terms may be extended or amended by mutual written agreement of the parties. In the event of termination, Mercer will assist the Client in arranging a smooth transition process. However, Mercer's obligation and the obligation of its affiliates to provide services to the Client will cease upon the effective date of termination, unless otherwise agreed in writing. Notwithstanding the term of this Agreement, either party shall have the right to terminate this Agreement upon 30 days prior notice to the other. In the event of termination by the Client prior to expiration, Mercer's annual compensation will be paid in full. 4 4. Additional Services. Additional services are available for additional compensation and subject to the negotiation of separate agreements. Such services include, but are not limited to: Human Resources advisory services Claims audits Actuarial services Employee Communications Interactive on-line client services Non -benefits insurance brokerage Executive Benefits 5. Books and Records. The Client is entitled to copies of reports prepared by Mercer hereunder, contracts between the Client and their carriers/administrators to the extent such contracts are in Mercer's possession and control, and communications between Mercer and Client's insurance carriers and employee benefits providers to the extent such books and records pertain to the Client's coverages and programs. 6. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Idaho, without regard to its conflicts of law provisions. 7. Good Faith. Cooperation and Due Diligence. The parties hereto covenant, warrant and represent to each other good faith, complete cooperation, due diligence and honesty in fact in the performance of all obligations of the parties pursuant to this Agreement. All promises and covenants are mutual and dependent. 8. Miscellaneous. Mercer is not named a Fiduciary with respect to any plan for which it may provide services. It is not intended by Client or Mercer that any services performed by Mercer under this agreement to include any fiduciary duties or make Mercer a fiduciary of any plan maintained by the Client. In order to provide the services identified herein, it may be necessary for Mercer to receive from you, or from a party on your behalf, information of a personal nature that may be protected by various federal, and state privacy or other laws. Mercer advises that you consult with your legal counsel as to how these laws impact you, your plan, and our contemplated engagement. It is understood that you, or a party on your behalf, have the right and authority to disclose an individual's protected health information to Mercer for Mercer's use in performing its service to you. It is further understood that Mercer's use of this information to perform service for you does not violate any privacy notice issued by you or a benefit program you maintain, or any applicable law. Moreover, since Mercer is not engaged in the practice of law and the services provided hereunder are not intended as a substitute for legal advice, we recommend that you secure the advice of competent legal counsel with respect to any legal matters related to any plan subject to this agreement. This Agreement contains the entire understanding of the parties with respect to the subject matter contained herein, superseding all prior agreements, understandings and negotiations with respect to such matters. This Agreement may be modified or otherwise amended and the observance of any term of this Agreement may be waived, only if such modification, amendment or waiver is in writing and signed by the party to be charged with the same. This Agreement shall be binding upon and inure to the benefit of the parties' respective successors. Neither party shall have any liability for any failure or delay in performance of its obligations under this Agreement because of circumstances beyond its reasonable control, including without limitation, acts of God, fires, floods, earthquakes, acts of war or terrorism, civil disturbances, sabotage, accidents, unusually severe weather, governmental actions, power failures, computer/network viruses that are not preventable through generally available retail products, catastrophic hardware failures or attacks on its server. The parties further agree that neither party shall have any liability for indirect, special, punitive, consequential or incidental damages, including, without limitation, loss of profits. Mercer Health and Benefits By: Shelli Stayner Title Date: [Print Name] ACCEPTED AND AGREED: City of Meridian j By: Date:-Wil4iflffl Itr ,,�Illiliillu,,, Title BEAL = [Print Name] September 29, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING October 3, 2006 APPLICANT Planning Department — Anna Canning ITEM NO. 6-A-1 REQUEST Discussion of Possible Annexation and Sewer Connection into the City of Meridian at 1035 East Fairview Avenue by Kandy Sealy: AGENCY COMMENTS CITY CLERK: See aBached 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 pubUc meett w shop become properly of the City of Meddlan. 0 Page 1 of 1 Sharon Smith From: Tammy de Weerd Sent: Monday, September 18, 2006 12:40 PM To: Sharon Smith; Will Berg; Shaun Wardle; Peggy Gardner; Bill Nary; Anna Canning Cc: Michelle Albertson; Tara Green; Keith Bird; Joe Borton; Charlie Rountree Subject: RE: Request for Pre -Council discussion by Kandy Sealy I meet with her on Wednesday; we can tentatively set it for Council's regular agenda next Tuesday depending on the outcome of our meeting. I imagine that she will need to bring her issue to Council, however. Tammy de Weerd, Mayor City of Meridian www.meridiancity.org (208) 888-4433 ext. 204 (208) 888-4218 fax From: Sharon Smith Sent: Monday, September 18, 2006 12:20 PM To: Will Berg; Shaun Wardle; Tammy de Weerd; Peggy Gardner; Bill Nary; Anna Canning Cc: Michelle Albertson; Tara Green; Keith Bird; Joe Borton; Charles Rountree Subject: Request for Pre -Council discussion by Kandy Sealy Attached please find the request just submitted to our office for discussion at pre -council. Thanks! Sharon Smith Sr. Deputy City Clerk Meridian City Clerks Office Phone 208.888.4433 9/18/2006 -'--.......... ...... ---rr----------'------�--'--_- ___'-_~~.......... ...... ---__ _'-...... .............. ........... ..... __-_-_-,^-__-__-_..... .............. - _-----__�___... -' _--' --___- --- ...... -..... _-'-_ --1+-_--__' _-_-_-_'__ ' 0 • September 29, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING October 3, 2006 APPLICANT Fire Department ITEM NO. 6-B-1 REQUEST Proclamation for Fire Safety 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: COMMENTS See d&wA ed MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: PPIP 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: "ofk is presented at public m"#np sha becme properly of fhe City of Meddkm. MY OF -, .IDAHO ,�j T The Office of the Mayor PAOCLAJ�LATTOX WHEREAS, the City of Meridian is committed to ensuring the safety and security of afl those living in and visiting our City; and WHEREAS, fire is a serious public safety concern both locally and nationally, and homes are the locations where people are at greatest risk from fire; and WHEREAS, the nonprofit National Fire Protection Association (NFPA) has documented through its research that cooking is the leading cause of home fires and one out of three home fires begins in the kitchen — more than any other place in the home; and WHEREAS, Meridian Fire Departments first responders are dedicated to reducing the occurrence of home fires and home fire injuries through prevention and protection education; and WHEREAS, the City of Meridian residents are responsive to public education measures and are able to take personal steps to increase their safety from fire; and WHEREAS, using proper care when cooking will have a positive effect on the home fire problem; and WHEREAS, each cooking fire that is prevented in Meridian is an opportunity to prevent painful injury and costly property damage; and WHEREAS, the 2006 Fire Prevention Week theme, "Prevent Cooking Fires: Watch What You Heato, effectively serves to remind us all of the simple actions we can take to stay safer from fire during Fire Prevention Week and year-round; THEREFORE, I, Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim October 8th through 14th, 2006 as Fire Prevention Week throughout this city, and I urge all the people of the City of Meridian to heed the important safety messages of Fire Prevention Week 2006 and to support the many public safety activities and efforts of this City's fire and emergency services. Dated this 3rd day of October, 2006. Tammy de Weerd, Mayor Shaun Wardle, City Council .doe Borton, City Council Keith Bird, City Council Charlie Rountree, City Council The Office of tFie .►Mayor PROCCAJgATl OX WHEREAS, the City of Meridian is committed to ensuring the safety and security of all those living in and visiting our City; and WHEREAS, fire is a serious public safety concern both locally and nationally, and homes are the locations where people are at greatest risk from fire; and WHEREAS, the nonprofit National Fire Protection Association (NFPA) has documented through its research that cooking is the leading cause of home fires and one out of three home fires begins in the kitchen — more than any other place in the home; and WHEREAS, Meridian Fire Departments first responders are dedicated to reducing the occurrence of home fires and home fire injuries through prevention and protection education; and WHEREAS, the City of Meridian residents are responsive to public education measures and are able to take personal steps to increase their safety from fire; and WHEREAS, using proper care when cooking will have a positive effect on the home fire problem; and WHEREAS, each cooking fire that is prevented in Meridian is an opportunity to prevent painful injury and costly property damage; and WHEREAS, the 2006 Fire Prevention Week theme, "Prevent Cooking Fires: Watch What You Heath, effectively serves to remind us all of the simple actions we can take to stay safer from fire during Fire Prevention Week and year-round; THEREFORE, i, Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim October 8th through 14th, 2006 as Fire Prevention Week throughout this city, and I urge all the people of the City of Meridian to heed the important safety messages of Fire Prevention Week 2006 and to support the many public safety activities and efforts of this City's fire and emergency services. Dated this 3rd day of October, 2006. Tammy de Weerd, Mayor Shaun Wardle, City Council Joe Borton, City Council Keith Bird, City Council Charlie Rountree, City Council 0 September 29, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING October 3, 2006 APPLICANT Park's Department -- Doug Strong ITEM NO. REQUEST Change Orders No. 5 & 6 for Heroes Park Construction With C&A paving Co. 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 Metro Contacted: Date: Phone: Emailed: Staff Initials: Materkft presented at public meefbw dtafl become properly of the city of Meriden. Memo To: Cc: From: Gate: 0 Mayor de Weerd / City Council Will Berg DougStrong 9 September 29, 2006 E City Of Meridian City Clerk Office Re: Heroes Park Construction Change Orders #5 & #/6 The Park Staff is requesting approval of two change orders to be added to the agenda under Department Reports at your October 3, 2006 meeting. They are as follows: Change Order #5 — Amount $21,960.96 — (Attachment) There is a change in the retention pond/rehabilitation located in Heroes Park which includes additional mobilizations, core drilling existing tanks to retrofit, boom truck to adjust tanks, labor, backhoe, D-4 dozier, front end loader, road grader, skid steer, dirt removal, dump fee and the electrical equipment to add disconnect switch and small panel. The cost to make this change is $21,960.26. Change Order #6 — Amount $53,926.95 — (Attachment) An increase of $53,926.95 due to oil/asphalt increases of an unusual nature. Price was calculated at the estimated 2233 tons. C & A Paving included a letter from their supplier. Central Paving, dated 7/18/06, stated that they were raising their prices to $50.50 per ton and that their prices from 2005 of $27.50 per ton were no longer valid due to the increase in oil costs. The current price per ton is $48.00 and is what this request is based on. The cost to make this change is $53,926.95. 15% Contingency - Amount $11,383.00 Staff is requesting approval of the two changes orders and the budget amendment in the amount of $87,271.00. Supporting documentation is attached for your review. TOTAL OF CHANGE ORDERS & CONTINGENCY: $87,271.00 LU 2 LU a � k CD CD » k k m (D § / / 0 0:.2 � k k S / � » (D / k 0 k k f E Al � r�: cm � / . / $ U / ƒ k k � / 0 k 'a k / k E � 2 £ tocm \ a. / 2 c—k )3% LD § CL 2g2 $�£ co /E - © c k\R a# CD w2a 2 e o /kLo- �m5 k/�\ LO % 0 Co m k �� 7B�/ /t/ 0 cr) ■22m CMk / k $ u co % CD CD CD 00 =a0 $2tc 2$$@ 022$ Cc$ 0 co o � � 0 W CD CL E § 2 @ a22CM CD @ cg d 2cI\ $ § $ I k CL q 613� \ E / CD CLCD \ � (D k 2 § CL / / k CL k k k � LO cm / � 5 — m o & a 9 t e / CM 6 q22 N�0 k R I — co AFJ- Ln $ V 2 171 0 C& APA V I N' G- C O 4015 S. Banner Street • Boise, Idaho 83709-5511 (208) 362-4244 Fax (208) 362-4190 Request for Change # 5 To: City of Meridian Estimate: 7810 Date: September 22, 2006 Meridian Parks & Recreation Project: Heros Park Name: Elroy Huff 11 West Bower Street Location: Meridian, ID Phone: 888-3679 Meridian, ID 93842 Fax: 895-6601 Cell: 371-1765 Item Work Description Estimate Unit Unit Price Number Quantity Description Price Totals Retention Pond /Rehabil tation 1 Additional Mobilizations 3 Each $500.00 $1,500.00 2 Core Drilling Existing Tanks to Retrofit 1 LS $375.25 $375.25 3 Boom Truck to Adjust Tanks 1 Hours $143.75 $143.75 4 Foreman Hours -to construct 14 Hours $31.25 $437.50 6 Operator Hours -to construct 12 Hours $28:12 $337.44 6 Operator Hours -to construct 11 Hours $28.12 $309.32 7 Operator Hours -to construct 10 Hours $28.12 $281.20 a Operator Hours -to construct 3 Hours $28.12 $84.36 a Ground Laborer 14 Hours $25.00 $350.00 10 310 John Deere Backhoe 14 Hours $40.00 $560.00 11 Caterpillar D-4 Dozier 12 Hours $85.00 $1,020.00 12 Caterpillar 962 Front End Loader 11 Hours $90.00 11$990.00 13 Caterpillar 140H Motor Road Grader 10 Hours $100.00 $1,000.00 14 Caterpillar 266 Skid Steer 3 Hours $35.00 $105.00 Dirt Removal 1s Backhaul Trucking 3782 CY $2.00 $7,564.00 16 Load 3782 CY $0.45 $1,701.90 17 Dump Fee 3782• CY '$1.10 Electrical it Add Disconnect Switch & Small Panel 1 LS $1,041.04 $1,041.04 Special Notes: 1) These Items were completed per approval prior to construction by Meridian Parks & Recreation. The impact of this change Includes only those items which can be identified at this time. However, should it be determined at a later date that we are experiencing Identifiable cost Impacts or time delays beyond our control due to this scope of change or because of multiple scope changes, delays or other causes, we reserve the right to submit those costs and time extensions at that time. Total Estimate: $21,960.96 "Ali material and work is guaranteed to be as specified. Plans and specifications ere a part of this proposal. All agreements and warranties expressed or implied are only as attached in written form. Any alterations or deviations from project specifications involving extra costs, or any additional quantities, will become an additional charge over and above attached specifications "This contract trovers only the work noted above. It does not Include unforeseen problems or other work hems. C & A Paving Co. is not responsible for damage. costs, or impact caus mi by or to any hiaden or unknown nems A,:ereuons, �rarrges..addl5�na ao,R uniure;e�, hti, xia, us Csdlr t a a `rorr, ;h sc. contract specifications will become an additional charge, due and payable. "Any required sub -grade repairs, which are discovered will be charged at time and materials. C & A Paving Co. is not responsible for existing base or design problems. "C & A Paving Co. cannot be responsible for drainage or water ponding on slopes of less than 1.0% or where grade is dictated by surrounding area. Patching can plug water drainage and can thus create ponding. "This is a unit price contrail The contract amount is based on estimated quantities. Actual payment will be on final quantities completed. "AII agreements and/or warranties, either expressed or implied, are only in written form. This is a fully integrated contract. "This agreement is binding upon heirs, assignors, and successors in interest. -As a proposal, the prices quoted are good for fifteen (15) days from the date noted at the top of the proposal. "Full payment is due and payable on completion of work. Progress payments will be made if completed in stages. Interest will be charged at 1.5% per month or 18% A.P.R. for delayed payments. All expenses C & A Paving Co. incurs in the collection of money due will he reimbursed to C & A Paving Co. including attorney and wnsuitant fees "Retention not to exceed that withheld by owner. Full payment upon completion of above work. Price is based on nothing preventing C & A Paving Co. from full production No standby is included In price. "Due to the Instability of the petroleum industry with the associated price Increases, C &A Paving reserves the right to adjust the pricing for the asphalt products quoted above as we receive these Increases. C & A Paving Co. s Sheppard Customer Name Signature & Date September 29, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING October 3, 2006 APPLICANT Park's Department — Doug Strong ITEM NO. 6-C-2 REQUEST Budget Amendment for Heroes Park Construction AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: See Attached Memo OTHER: Contacted: Date. Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. E x 0 A C 2U Q- {� C .0 �-aQ.m mU F" = $�rwo �?to�ca E $'9 .c F 10 o a m m m mil c wgi-= ! E R i 8 m W0 3 U « to Q N F 0 j P O iL a s o c (.0 0 .3— .0 3FU V.. Q .eL+ W r m C 0 .4 V t 2 w c O v L a a 0 d wJQ U z N 8� oz 3 >- on � 8z�° e O p CL a opopolv),o � .. m 0 - EL m K a o m 507 C $ £ H a to LL JRLU O O U go W - E � J W z m o000�.-�"fO° pp�0MMNN10000� C' 0L1 Q 73 cva.ravvI* tVNW IL c 0 III I o 0 w O Q z W W Qm i z O z LLIQ F � z W W RW 0a IL LL Uz zw L� U 0 La LL 0 ow w0 W¢ W-~ w w c� m ym -J U� 0 LLIV ZW C7 co U • September 29, 2106 MERIDIAN CITY COUNCIL MEETING October 3, 2106 0 Department Reports APPLICANT Mayor's Office ITEM NO. 6- l REQUEST Resolution — Valley Regional Transit regarding Coalition for Public Transportation AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See all'ached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT. ° I� MERIDIAN SCHOOL DISTRICT: O ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materk* presented at pubUc meetings shall become property of the City of Meridian. ar/J !aA CHAoMBER COMMERCE September 8, 2006 0 215 E. Franklin Rd., Meridian, ID 83642 888-2817 * fax: 888-2682 The Meridian Chamber of Commerce Board of Directors has voted to support proposed legislation to allow communities to use local option sales taxes to fund regional public transportation. The Chamber feels that voters should have the ability to vote to tax themselves for services they want to see in their communities. As Idaho's fastest growing city, Meridian has been identified as the most underserved population in the State in terms of public transportation. The addition of regular, daily bus or shuttle service in Meridian would help reduce traffic congestion and improve air quality. It would provide more options for commuters with non-traditional work schedules and provide needed services to those who cannot or do not drive. Reliable public transportation is becoming a frequent concern by businesses looking to locate in the Treasure Valley, as it reduces the need for businesses to spend construction money on parking structures for employees, and reduces the number of people vying for rented parking spaces. Traffic congestion has been the number one issue with Meridian residents and businesses over the past 10 years. The Chamber believes that if a majority of citizens want public transportation to reduce the headaches of commuting, or driving in the congested traffic, they should be able to tax themselves for that service. Chris Klein President Coalition or Rei isg oval Public Transportation -support for state legislation allowing local funding - List of Su porters: as of 10-02-06 RECEIVED OCT - 3 2606 Ada County Albertson College of Idaho Amalgamated Sugar Co. Association of Idaho Cities (AIC) Blue Cross of Idaho Boise Cascade, LLC Boise Metro Chamber of Commerce CH2M Hill City of Boise City of Eagle City of Greenleaf City of Nampa City of Parma City of Star Capital City Development Corporation (CCDC) Colliers International Comprehensive Advocacy, Inc. Community Planning Association of SW Idaho (COMPASS) Farmers & Merchants State Bank Garden City Givens Pursley LLP HDR, Inc. Hawley Troxell Ennis & Hawley LLP Hewlett-Packard Company Home Federal Bank Idaho Association of Counties (IAC) Idaho Smart Growth Key Bank of Idaho Living Independence Network Corporation Meadow Gold Dairy Meridian Chamber of Commerce Meridian Development Corporation MotivePower, Inc. Northwest Nazarene University Regence B1ueShield of Idaho Saint Alphonsus Regional Medical Center St. Luke's Regional Medical Center State Independent Living Council United Heritage US Bank Valley Regional Transit Washington Trust Bank City of Meridian Ginty Clak Qfeq r� L CITY OF MERIDIAN BY THE CITY COUNCIL: • RESOLUTION NO. &7i� ® 53 5 - BIRD, BORTON, ROUNTREE, WARDLE A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, TO ACCEPT THE RECOMMENDATION OF THE COALITION FOR REGIONAL PUBLIC TRANSPORTATION TO SEEK LEGISLATION ALLOWING A VOTE BY THE ELECTORATE TO ALLOW FOR LOCAL OPTION SALES TAX AS THE FUNDING OPTION TO PURSUE FOR THE ADOPTED VALLEY REGIONAL TRANSIT REGIONAL OPERATIONS AND CAPITAL IMPROVEMENT PLAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the population of Ada and Canyon counties is projected to be over one million by the year 2030; and WHEREAS, community leaders in the region know that a sustainable transportation system is critical to sustain and enhance economic development opportunities; and WHEREAS, rapid growth in the region will continue to increase the number of vehicles on our roads, resulting in increased traffic congestion and negative impacts to air quality; and WHEREAS, Idaho is one of four states that does not provide either state funds or local option taxing authority for local public transportation funding; and WHEREAS, federal matching funds in the Nampa urbanized area are going unused due to lack of local matching funds; and WHEREAS, Valley Regional Transit in the Treasure Valley will be prohibited from using federal funding for operating expenses by October 1, 2007; and WHEREAS, the Coalition for Regional Public Transportation (Coalition) formed through the support of the Treasure Valley Chambers of Commerce to study the issue of public transportation and identify an option for an adequate and stable funding source; and WHEREAS, the Coalition was divided into two groups: a community leaders group composed of business leaders, and a local elected officials group; and Valley Regional Transit Resolution - Legislative Approval for Local Option Tax Authority Page 1 of 3 WHEREAS, each group met separately between November 2005 and January2006 to learn about public transportation and study Valley Regional Transit's proposed plan for a future public transportation system; and WHEREAS, the two groups formed a joint leadership group and met in February, March, April, and May of 2006 to confirm their support for the proposed regional plan and identify a stable funding source that would adequately finance the proposed plan; and WHEREAS, public transportation was determined by the Coalition to be an important component of the transportation system and an essential public service in rural and urban areas; and WHEREAS, the Coalition recommendation supports the concept that citizens should have the ability to vote to tax themselves for important community services; and WHEREAS, the City of Meridian reviewed the Coalition's recommendation for seeking legislative authority to have local option authority to allow citizens to vote for sales tax funding to support public transportation services. WHEREAS, Meridian is, per capita, the most underserved community in the State of Idaho in terms of public transportation services; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the City of Meridian accepts the recommendation of the Coalition for Regional Public Transportation for seek legislative authority to allow citizens to vote for a local option authority sales tax as the funding option to pursue for the adopted Valley Regional Transit Regional Operations and Capital Improvement Plan. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this �—Y da of ® 92006. APPROVED by the Mayor of the City of Meridian, Idaho, this Sid day of 6 cl-, &(, , 2006. Valley Regional Transit Resolution - Legislative Approval for Local Option Tax Authority Page 2 of 3 ATTEST: 0 e Weerd William G Berg, Jr., City C14i Valley Regional Transit Resolution - Legislative Approval for Local Option Tax Authority Page 3 of 3 0 CITY OF MERIDIAN RESOLUTION NO. BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE A RESOLUTION BY THE CITY OF MERIDIAN TO ACCEPT THE RECOMMENDATION OF THE COALITION FOR REGIONAL PUBLIC TRANSPORTATION FOR LOCAL OPTION SALES TAX AS THE FUNDING OPTION TO PURSUE FOR THE ADOPTED VALLEY REGIONAL TRANSIT REGIONAL OPERATIONS AND CAPITAL IMPROVEMENT PLAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the population of Ada and Canyon counties is projected to be over one million by the year 2030; and WHEREAS, community leaders in the region know that a sustainable transportation system is critical to sustain and enhance economic development opportunities; and WHEREAS, rapid growth in the region will continue to increase the number of vehicles on our roads, resulting in increased traffic congestion and negative impacts to air quality; and WHEREAS, Idaho is one of four states that does not provide either state funds or local option taxing authority for local public transportation funding; and WHEREAS,, federal matching funds in the Nampa urbanized area are going unused due to lack of local matching funds; and WHEREAS, Valley Regional Transit in the Treasure Valley will be prohibited from using federal funding for operating expenses by October 1, 2007; and WHEREAS, the Coalition for Regional Public Transportation (Coalition) formed through the support of the Treasure Valley Chambers of Commerce to study the issue of public transportation and identify an option for an adequate and stable funding source; and WHEREAS, the Coalition was divided into two groups: a community leaders group composed of business leaders, and a local elected officials group; and WHEREAS, each group met separately between November 2005 and January 2006 to learn about public transportation and study Valley Regional Transit's proposed plan for a future public transportation system; and RESOLUTION ACCEPTING THE RECOMMENDATION OF THE COALITION FOR REGIONAL PUBLIC TRANSPORTATION FOR LOCAL OPTION SALES TAX AS THE FUNDING OPTION Page 1 of 2 ! 0 WHEREAS, the two groups formed a joint leadership group and met in February, March, April, and May of 2006 to confirm their support for the proposed regional plan and identify a stable funding source that would adequately finance the proposed plan; and WHEREAS, public transportation was determined by the Coalition to be an important component of the transportation system and an essential public service in rural and urban areas; and WHEREAS, on this date, the City of Meridian reviewed the public transportation funding recommendation of the Coalition. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the City of Meridian accepts the recommendation of the Coalition for Regional Public Transportation for local option sales tax as the funding option to pursue for the adopted Valley Regional Transit Regional Operations and Capital Improvement Plan. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of Meridian, Idaho , 2006. APPROVED by the Mayor of the City of Meridian, Idaho, this ATTEST: WILLIAM G. BERG, JR., CITY CLERK APPROVED: MAYOR TAMMY de WEERD day of RESOLUTION ACCEPTING THE RECOMMENDATION OF THE COALITION FOR REGIONAL PUBLIC TRANSPORTATION FOR LOCAL OPTION SALES TAX AS THE FUNDING OPTION Page 2 of 2 day of September 29, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING October 3, 2006 APPLICANT -Mayor's Offlce ITEM NO. 6-0�2 REQUEST Resolution — Board Appointment for Valley Ride Board AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT. SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: See attached OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pubNc meetings shall become properly of the City of Meridian. CITY OF MERIDIAN BY THE CITY COUNCIL: 0 RESOLUTION NO. o b ! 5-346 BIRD, BORTON, ROUNTREE, WARDLE A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, ESTABLISHING APPOINTMENTS FOR BOARD MEMBERS AND ALTERNATES TO THE VALLEY REGIONAL TRANSPORTATION AUTHORITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Meridian by the passage of Resolution No. 04-446 on October 19, 2004 designated representatives to serve as primary and alternates for the Valley Regional Transportation Authority; and WHEREAS, due to changes of members of the City Council and staff warranted the need to change the designated primary and alternate representatives; and WHEREAS, Idaho Code 40-2106(3) states board members shall be appointed by resolution of the appointment agency; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That pursuant to Idaho Code 40-2106, that the following persons be appointed to the Valley Regional Transportation Authority Board: Planning Manager Peter Friedman as a primary representative Councilmember Charles Rountree as a primary representative City Attorney William L.M. Nary as an alternative representative P & Z Commissioner David Zaremba as an alternative representative Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 3 C-0- day of gCt,16F &-f� , 2006. APPROVED by the Mayor of the City of Meridian, Idaho, this 3 rt day of 4,ev , 2006. RESOLUTION FOR VALLEYRIDE BOARD APPOINTMENTS Page 1 of 2 APPROVED: eerd ATTEST: By: OF AL William G. Berg, Jr., Ci Cler% -P 6 /i/Y/���ffifllli 19119x0`®��$��� RESOLUTION FOR VALLEYRIDE BOARD APPOINTMENTS Page 2 of 2 September 29, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING October 3, 2006 APPLICANT Mayor's Office ITEM NO. 641-3 REQUEST Appointment of City Treasurer 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 �V(/ w' � �V4 Contacted: Date. Phone: Emailed: Staff Initials: Materials presented at pubpc meetings shop become property of the City of Merldlan. 0 • September 29, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING October 3, 2006 APPLICANT Attorney /Human Resources ITEM NO. REQUEST Budget Amendment 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 InI fair. Materk* preserrfed at public meefings shag become properly of fhe City of Merman. s p� m o 0 CD ° ° U1 +'S• C Q'N CD occ p� 0.0 8 1p� m� - L N E N m ro- m P� N'S- ESE U CD w O C Z i 0 3 C m m a o E m° n f0 100 a N E m� em M �Z� m c m C N } m m m o LL C C C y J m t0 10 p m m• m m m�yc� E av�mY'9� c N o CL 0 ° 3 W Lt -: ms of.v Z 2 Q G L O Z W LU W O W a V m 0E- 0 ti 0 N O .NC C C f00 0 N CL c m cCDo C E c 6 L c N C6 N_�•- F 7 O 3 w N N g' m am C O ._ CL O m O N 0 w U °a m W J Q H Z O�UUQJ � m2 O 0 0 -a -LL 1+1 �11; f.' w :5 Z W W m Q Z W Z W W W 20 0a4 �a w �w LL � WO C-) CL tLL W Ocr- OWZ am LY zza w LL LU Lu C9 mo H� m gJ aZ Oo 02 aY W U Z W C7 cA U N OCl) NM cmD S COO ,0 c M M o .6 oo� a C Ul m } c - Ul c o m w O m IL � C 0 Cl v LL � m O O a, (DUE Ya0 m m 0=) aUW LL a. o` E -i Ww 'VO i N V oe ca r Mtf>� O H c 00�-N m N Ca��PeNNNN M N M 0 N 0 N 0 N W 0 d vm �aavvav�vv� m IL E 1+1 �11; f.' w :5 Z W W m Q Z W Z W W W 20 0a4 �a w �w LL � WO C-) CL tLL W Ocr- OWZ am LY zza w LL LU Lu C9 mo H� m gJ aZ Oo 02 aY W U Z W C7 cA U N .6 C Ul } 'VO c m E r y� N v� O � e Z iQ= 1L W IL Z O O 1+1 �11; f.' w :5 Z W W m Q Z W Z W W W 20 0a4 �a w �w LL � WO C-) CL tLL W Ocr- OWZ am LY zza w LL LU Lu C9 mo H� m gJ aZ Oo 02 aY W U Z W C7 cA U N W n Q zwzcn O D O ED 0 mo O Z H u 0 O H O W 9� V w w m Q 2 H Z W D z W W a.W U UZ w O Z LLit WU Ua LL w OW OL Wp W W W� Lr W w 0 mo N� m J }az OZ UU o� WY ZU U W U3 U m C pN O ' el xC W m } 13 c - fl c o m = O } M 11 m C C g LL ° Ey U �N y� m o (aMm-UW0E., €Q moo O D LL O. 3: W Z Z m:i N Oa�Oave N Mlff� O Q$ m O N O P M N O N M 0 N N 0 0 N W 0 p, avovvvvvvvv� N a 0 0 O H O W 9� V w w m Q 2 H Z W D z W W a.W U UZ w O Z LLit WU Ua LL w OW OL Wp W W W� Lr W w 0 mo N� m J }az OZ UU o� WY ZU U W U3 U m xC W } } y� m C Ul E p F N V 9 Z Z Q xe WW IL e O l o - - - - - - 0 O H O W 9� V w w m Q 2 H Z W D z W W a.W U UZ w O Z LLit WU Ua LL w OW OL Wp W W W� Lr W w 0 mo N� m J }az OZ UU o� WY ZU U W U3 U r4 0 September 29, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING October 3, 2006 APPLICANT Attorney / Human Resources ITEM NO. 6-E-2 REQUEST ASCAP, BMI, and SESAC Music Ucensing Agreements 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: Sea attached Z 9 Contacted: Date: Phone. Emailed: Staff Initials: Materials presented at public meeMps shag become properly of the City of Meddlan. ATTACHMENT A ASCAP license -agreement 4? a LICENSE AGREEMENT - LOCAL GOVERNMENTAL ENTITIES Agreement between American Society of Composers, Authors and Publishers ("SOCIETY"), located at 2690 Cumberland Parkway, Suite 490, Atlanta, GA 30339 and City of Meridian, ID ("LICENSEE"), located at 33 East Idaho Street Meridian ID 83642 as follows: 1. Grant and Term of License (a) ASCAP grants and LICENSEE accepts a license to perform publicly on the "Premises" and at "Events" and "Functions," and not elsewhere or otherwise, non -dramatic renditions of the separate musical compositions in the "ASCAP repertory." The performances licensed under this Agreement may be by means of "Live Entertainment" or "Mechanical Music". For purposes of this Agreement, (i) "LICENSEE" shall include the named entity and any of its constituent bodies, departments, agencies or leagues. (ii) "Mechanical Music" means music which is performed at the Premises by means other than by live musicians who are performing at the Premises, including, but not limited to (A) compact disc, audio record or audio tape players (but not including "jukeboxes"), (B) videotape, videodisc or DVD players; (C) the reception and communication at the premises of radio or television transmissions which originate outside the Premises; and which are not exempt under the Copyright Law; or (D) a music -on -hold telephone system operated by LICENSEE at the Premises. (iii) "Live Entertainment " means music that is performed at the Premises by musicians, singers or other performers. (iv) "Premises" means buildings, hospitals, airports, zoos, museums, athletic facilities, and recreational facilities, including, but not limited to, community centers, parks, swimming pools, and skating rinks owned or operated by LICENSEE and any site which has been engaged by LICENSEE for use by LICENSEE. (v) "ASCAP repertory" means all copyrighted musical compositions written or. published by ASCAP members or members of affiliated foreign performing rights societies, including compositions written or published during the term of this Agreement and of which ASCAP has the right to license non -dramatic public performances. (vi) "Events" and "Functions" means any activity conducted, sponsored, or presented by or under the auspices of LICENSEE. Except as set forth in paragraph 2.(d) below, "Events" and "Functions" shall include, but are not limited to, aerobics and exercise classes, athletic events, dances and other social events, concerts, festivals, arts and crafts fairs, and parades held under the auspices of or sponsored or promoted by LICENSEE on the Premises. (vii) "Special Events" means musical events, concerts, shows, pageants, sporting events, festivals, competitions, and other events of limited duration presented by LICENSEE for which the "Gross Revenue" of such Special Event exceeds $25,000 (as defined in paragraph 4.(d) below). L'%tb"lr Is 200 6, (b) This Agreement shall be for an initial term of one year, commencing Jan= y , , 20@6, which shall be considered the effective date of this Agreement, and continuing thereafter for additional terms -of one year each. Either party may give notice of termination to the other no later than thirty (30) days prior to the end of the initial or any renewal term. If such notice is given, the agreement shall terminate on the last day of the term in which notice is given. 2. Limitations On License (a) This license is not assignable or transferable by operation of law or otherwise. This license does not authorize LICENSEE to grant to others any right to perform publicly in any manner any of the musical compositions licensed under this agreement, nor does it authorize any public performances at any of the Premises in any manner except as expressly herein provided. (b) This license does not authorize (i) the broadcasting, telecasting or transmission or retransmission by wire, Internet, website or otherwise, of renditions of musical compositions in ASCAP's repertory to persons outside of the Premises, other than by means of a music -on -hold telephone system operated by LICENSEE at the Premises; and (ii) performances by means of background music (such as Muzak) or other services delivered to the Premises. Nothing in this paragraph shall be deemed to limit LICENSEE's right to transmit renditions of musical compositions in the ASCAP repertory to those who attend Events or Functions on the Premises by means of teleconferencing, videoconferencing or similar technology. (c) This license is limited to non -dramatic performances, and does not authorize any dramatic performances. For purposes of this agreement, a dramatic performance shall include, but not be limited to, the following: (i) performance of a "dramatico-musical work" (as hereinafter defined) in its entirety; (ii) performance of one or more musical compositions from a "dramatico-musical work (as hereinafter defined) accompanied by dialogue, pantomime, dance, stage action, or visual representation of the work from which the music is taken; (iii) performance of one or more musical compositions as part of a story or plot, whether accompanied or unaccompanied by dialogue, pantomime, dance, stage action, or visual representation; (iv) performance of a concert version of a "dramatico-musical work" (as hereinafter defined). The term "dramatico-musical work" as used in this Agreement, shall include, but not be limited to, a musical comedy, opera, play with music, revue, or ballet. (d) This license does not authorize performances: (i) at any convention, exposition, trade show, conference, congress, industrial show or similar activity presented by LICENSEE or on the Premises unless it is presented or sponsored solely by and under the auspices of LICENSEE, is presented entirely on LICENSEE'S Premises, and is not open to the general public; (ii) by or at colleges and universities; (iii) at any professional sports event or game played on the Premises; (iv) at any permanently situated theme or amusement park owned or operated by LICENSEE; (v) by any symphony or community orchestra; (vi) by means of a coin operated phonorecord player (jukebox) for which a license is otherwise available from the Jukebox License Office. 3. License Fee (a) In consideration of the license granted herein, LICENSEE agrees to pay ASCAP a license fee which includes the total of the "Base License Fee" and any applicable "Special Events License Fees", all of which shall be calculated in accordance with the Rate Schedule attached to and made part of this Agreement. For purposes of this Agreement, (i) "Base License Fee" means the annual fee due in accordance with Schedule A of the Rate Schedule and based on LICENSEE's population as established in the most recent published U.S. Census data. It does not include any fees due for Special Events. (ii) "Special Events License Fees" mean the amount due in accordance with Schedule B of the Rate Schedule when Special Events are presented by or on behalf of LICENSEE. It does not include any Base License Fees due. (iii) LICENSEES who are legally organized as state municipal and/or county leagues or state associations of municipal and/or county attorneys shall be required to pay only the fee under Schedule C of the Rate Schedule. Such leagues or associations are not subject to Schedule A or Schedule B of the Rate Schedule. Fees paid by such leagues or associations do not cover performances of the municipality, county or other local government entity represented by the league or association. Schedule C fees are not applicable to mufiWpal,*county or other local government entities. Unless otherwise limited by law, LICENSEE shall pay a finance charge of 1.5% per month from the due date, or the maximum amount permitted by law, whichever is less, on any required payment that it is not made within thirty days of its due date. 4. Reports and Payments (a) Upon the execution of this Agreement, LICENSEE shall submit: (i) a report stating LICENSEE's population based on the most recent published U.S. Census data. The population set forth in the report shall be used to calculate the Base License Fee under this Agreement; and (ii) a report containing the information set forth in paragraph 4.(d) below for all Special Events that were presented between the effective date of this Agreement and the execution of this Agreement. (b) The Base License Fee for the first year of this Agreement and any license fees due for Special Events that were presented between the effective date of this Agreement and the execution of this Agreement shall be payable upon the execution of this Agreement. (e) Base License Fees for subsequent years shall be due and payable within 30 days of the renewal date of this Agreement and shall be accompanied by a statement confirming whether any Special Events were presented during the previous calendar year. (d) Ninety days after the conclusion of each Special Event, LICENSEE shall submit to ASCAP payment for such Special Event and a report in printed or computer readable form stating: (i) the date presented; (ii) the name of the attraction(s) appearing; (iii) the "Gross Revenue" of the event. "Gross Revenue" means all monies received by LICENSEE or on LICENSEE'S behalf from the sale of tickets for each Special Event. If there are no monies from the sale of tickets, "Gross Revenue" shall mean contributions from sponsors or other payments received by LICENSEE for each Special Event; (iv) the license fee due for each Special Event. (e) If LICENSEE presents, sponsors or promotes a Special Event that is reportable under Rate Schedule B with another person or entity licensed under an ASCAP License Agreement, LICENSEE shall indicate the name, address, phone number and ASCAP account number of the other person(s) or entity(ies) and the party responsible for payment for such Special Event. If the other party is not licensed by ASCAP, LICENSEE shall pay the license fee due hereunder, notwithstanding any agreement to the contrary between LICENSEE and the other party. (f) LICENSEE agrees to furnish to ASCAP, where available, copies of all programs of musical works performed, which are prepared for distribution to the audience or for the use or information of LICENSEE or any department thereof. The programs shall include all encores to the extent possible. LICENSEE shall be under no obligation to furnish programs when they have not been otherwise prepared. (g) ASCAP shall have the right to examine LICENSEE'S books and records at LICENSEE's place of business during normal business hours to such extent as may be necessary to verify the reports required by paragraph 4.(d) above. ASCAP shall have the right to adjust LICENSEE's Base License Fee based upon the most recently available revised population figures and Population Estimates Program provided by the U.S. Census Department. S. Breach or Default Upon any breach or default by LICENSEE of any tern or condition herein contained, ASCAP may terminate this license by giving LICENSEE thirty days notice to cure such breach or default, and in the event that such breach or default has not been cured within said thirty days, this license shall terminate on the expiration of such thirty -day period without further notice from ASCAP. In the event of such termination, ASCAP shall refund on a pro -rata basis to LICENSEE any unearned license fees paid in advance. 6. Interference in Operations ASCAP shall have the right to terminate this license upon thirty days written notice if there is any major interference with, or substantial increase in the cost of, ASCAP's operations as the result of any law in the state, territory, dependency, possession or political subdivision in which LICENSEE is located which is applicable to the licensing of performing rights. In the event of such termination, ASCAP shall refund to LICENSEE on a pro -rata basis any unearned license fees paid in advance. 7. Non -Discrimination LICENSEE recognizes that ASCAP must license all similarly situated users on a non-discriminatory basis. LICENSEE agrees that any modifications to this Agreement by ASCAP, which are required by local, state or federal law for other municipalities, counties and other governmental entities shall not constitute discrimination between similarly situated users. Examples of such modifications are statements of equal employment opportunity or nondiscrimination on the basis of race, creed, color, sex or national origin. 8. Notices ASCAP or LICENSEE may give any notice required by this Agreement by sending it by certified United States Mail, by generally recognized same-day or overnight delivery service or by electronic transmission (i.e., Mailgram, facsimile or similar transmission) to the appropriate person/office as listed herein. Each party agrees to notify the other of any change in contact information, such as change of address, change of person/office responsible, etc. within 30 days of such change. AMERICAN SOCIETY OF COMPOSERS, LICENSEE City of Meridian, ID AUTHORS AND PUBLISHERS By r r i `���������"t �!!�l r���'�/✓,�< TITLE �f By (Fill incapacity in which signed: (a) If co8po n, � stab�� _ corporate office held; (b) If partnership, write rd DD "partner" under signature of signing partnerY (c) I ? individual owner, write "individual owner" 4del T 11� • �`� signature.) t SCHEDULE A Base License Fee 2006 RATE SCHEDULE FOR LOCAL GOVERNMENTS a POPULATION BASE LICENSE FEE 1 - 50,000 .......... $ 280 50,001 - 75,000 .......... 560 75,001 100,000 1 ......... 672 100,001 - 125,000 .......... 897 125,001 - 150,000 .......... 1,121 150,001 - 200,000 .......... 1,457 200,001 - 250,000 .......... 1,793 250,001 - 300,000 .......... 2,130 300,001 - 350,000 .......... 2,467 350,001 400,000 .......... 2,803 400,001 - 450,000 .......... 3,139 450,001 - 500,000 .......... 3,476 500,001 - plus ....... 4,259 plus $500 for each 100,000 of population above 500,000 to a maximum fee of $56,049 SCHEDULE B Special Events The rate for Special Events shall be 1 % of Gross Revenue. "Special Events" means musical events, concerts, shows, pageants, sporting events, festivals, competitions, and other events of limited duration presented by LICENSEE for which the "Gross Revenue" of such Special Event exceeds $25,000. "Gross Revenue" means all monies received by LICENSEE or on LICENSEE'S behalf from the sale of tickets for each Special Event. If there are no monies from the sale of tickets, "Gross Revenue" shall mean contributions from sponsors or other payments received by LICENSEE for each Special Event. SCHEDULE C State Municipal and/or Cqunty Leagaes or State Associations of Attornevs The annual license fee for LICENSEES who are legally organized as state municipal and/or county leagues or state associations of municipal and/or county attorneys shall be $280. License Fee for Year 2007 and Ther For each calendar year commencing 2007, all dollar figures set forth In Schedules A, B and C above (except for $500 add-on for populations of 500,001 or more) shall be the license fee for the preceding calendar year, adjusted in accordance with the increase in the Consumer Price Index - All Urban Consumers (CPI -U) between the preceding October and the next preceding October. Any additional license fees due resulting from the CPI adjustment shall be payable upon billing by ASCAP. ASCAP, 2690 Cumberland Parkway, Suite 490, Atlanta, GA 30339-3912 1-800-505-4052 770-805-3475 (Fax) Websites: E -Payments www.ascan.com/ s web or www.ascap.com Licensing questions: municipaUicensingftscap.com 0166_da 1 2006 ASCAP REPORT FORM FOR LOCAL GOVERNMENTAL ENTITIES s LICENSEE: City y Q.F ,_ crick 1 -4 REPORT COMPLETED BY: M i clnet to Albertson TITLE: PAIrAkaal DATE COMPLETED: V-2-71—* EMAIL ADDRESS: Akdooomidfartti�-0115 TELEPHONE NO.: 7608- big- rp"& FAX NO.:24494-9113 WEB SITE ADDRESS: =iawffs- Ora CERTIFICATE: 1 hereby certify that the data reported below is Mend correct as of this —91-*�day of r 20�. SCHEDULE A: Base License Fee (Due upon execution of Agreement and within 30 days of the Agreements Renewal Date.) Populagon Size: 52 s Z40 Base License Fee: 60 • da (Per current U.S. Census Data) (Please refer to attached Rate Schedule) SCHEDULE B: Special Events* (Report and Payment due 90 days after the conclusion of each Special Event)NIA Event'Dabrt'.�; �4LpT"^ye�• i r. ti'S,•G' ' �,.. '4;,,L, . •, . Lr' u, kr i �.4 P�'7 ' q ••.y`i , r; :�' a ' .. L. • ^ ' ; . 3 ` •.^ „' G F f a (if More.than 1 Revenue•• /b`Prdgir6en If The Eevent is Event Per Day, , , w• Of Event %Of Musical :•Cq.9 iansored Please Report E' _ : " (mud. ; Applies',jFleaee (dantify The A'sti+pate;,eJ Perlonner(sj Or Exceed io Gross ctieid? Casponsor's Name; Address, i'hone'' lam 5 Q . venue EYerrt Fee , q Num and A . Name: Address: X.01 $ Phone No.: Account No.: Name: Address: x .01 $ Phone No.: Account No_: Name: Address; x .01 $ Phone No.: Account No.: "Special Events" means musical events, concerts, shows, pageants, sporting events, festivals, competitions, and other events of limited duration presented by LICENSEE for which the "Gross Revenue" of such Special Event exceeds $25,000. ""Gross Revenue" means all monies received by LICENSEE or on LICENSEE'S behalf from the sale of tickets for each Special Event. if there are no monies from the sale of tickets, "Gross Revenue" shall mean contributions from sponsors or other payments received by LICENEE for each Special Event. SCHEDULE C: State_ Municipal and/or County Leaaue0 or State Associations of Attorneys N/A Report Year: Annual License Fee: $280.00 (Due within 30 days of Renewal Date) Total Fees Reported From Any or All of Schedules A, B or C: $ ASCAP, 2690 Cumberland Parkway, Suite 490, Atlanta, GA 30339-3913 1-800-506.4052 770.808-3475 (Fax) www.ASCAP.com File Name: IMLA Code 166 Report Form 2006 t American Society of Composers, Authors and Publishers 2690 Cumberland Parkway, Suite 490 Atlanta, GA 30339 rwrvnTr� City of Meridian, ID September 22, 2006 33 East Idaho Street Meridian, ID 83642 Re: City of Meridian, ID 33 East Idaho Street - Meridian, ID 83642 Ott-obtr 1two 6 ThroNoc#obw 112007 Billin Period: vZomeb Annual Rate: iiM:9& 41;60.0 6-1 Amount Due $389,96 560.00 The only credit cards ASCAP accepts are Payment Amount: $ Check No: Credit Card No: VISA Mastercard Name exactly as on Card: Signature: Cardholder acknowledges receipt of good and/or services in the amount of the total shown hearon and agrees to perform the obligations set forth in the Cardholder's Agreement with the Issuer. and VISA Expiration Date: Please return ALL PAGES of signed License Agreement with your payment. License fees due and payable is advance. Retain bottom portion for your records. City of Meridian, ID 33 East Idaho Street Meridian, ID 83642 October 12,20M Thrau OcAon6er It 7-001 Billing Period: , Annual Rate: $286.0056(pb000 r4 c: ATTACHMENT B BMI license agreement Music Performance Agreement 1. DEFINITION$ l - LOCAL GOVERNMENTAL ENTITIES (a) LICENSEE shall include the named entity and any of its constituent bodies, departments, agendas or leagues. LGE LI -05/12 -LGE httpJJwww.bmi.com (b) Premises means buildings, hospitals, airports, zoos, museums, athletic facilities, and recreational facilities, including, but not limited to, community centers, parks, swimming pools, and skating rinks owned and/or operated by LICENSEE and any site which has been engaged by LICENSEE for use by LICENSEE. (c) Recorded Music means music which is performed at the Premises by means other than by live musicians who are performing at the Premises, including, but not limited to (1) compact disc, audio record or audio tape players (but not including "jukeboxes"); (2) videotape, videodisc or DVD players; (3) music performed as an accompaniment to keracke; (4) the reception and communication at the premises of radio or television transmissions which originate outside the Premises, and which are not exempt under the Copyright Law, or (5) a music -on -hold telephone system operated by LICENSEE at the Premises. (d) Live Entertainment means music that is performed at the Premises by musicians, singers and/or other performers. (e) BMI Repertoire means all copyrighted musical compositions written and/or published by BMI affiliates or members of BMI-affiliated foreign performing rights societies, including compositions written or published during the Term of this Agreement and of which BMI has the right to license non -dramatic public performances. (f) Events and Functions means any activity conducted, sponsored, or presented by or under the auspices of LICENSEE. Except as set forth in Paragraph 2 (d) below, "Events" and "Functions" shall include, but are not limited to, aerobics and exercise classes, athletic events, dances and other social events, concerts, festivals, arts and crafts fairs, and parades held under the auspices of, or sponsored or promoted by, LICENSEE on the Premises. (g) Special Events means musical events, concerts, shows, pageants, sporting events, festivals, competitions, and other events of limited duration presented by LICENSEE for which the "Gross Revenue" (as defined in Schedule B) of such Special Event exceeds $25,000. 2. BMI GRANT (a) BMI grants and LICENSEE accepts a non-exclueive license to perform, present or cause the live and/or recorded public performance on the 'Premises" and at "Events" and "Functions", and not elsewhere or otherwise, non -dramatic renditions of the separate musical compositions in the "BMI Repertolre". The performances licensed under this Agreement may be by means of "Live Entertainment" or "Recorded Music". (b) This license does not authorize (1) the broadcasting, telecasting or transmission or retransmission by wire, Internet, website or otherwise, of renditions of musical compositions in EMI's Repertoire to persons outside of the Premises, other than by means of a music -on -hold telephone system operated by LICENSEE at the Premises; and (2) performances by means of background music (such as Muzak) or other services delivered to the Premises. Nothing in this Paragraph shall be deemed to limit LICENSEE's right to transmit renditions of musical compositions in the BMI Repertoire to those who attend Events or Functions on the Premises by means of teleconferencing, videoconferencing or similar technology. (c) This license is limited to non -dramatic performances, and does not authorize any dramatic performances. For purposes of this Agreement, a dramatic performance shall include, but not be limited to, the following: (1) performance of a "dramatico-musical work" (as hereinafter defined) in its entirety; (2) performance of one or more musical compositions from a "dramatico-musical work" (as hereinafter defined) accompanied by dialogue, pantomime, dance, stage action, or visual representation of the work from which the music is taken; (3) performance of one or more musical compositions as part of a story or plot, whether accompanied or unaccompanied by dialogue, pantomime, dance, stage action, or visual representation; and (4) performance of a concert version of a "dramatice-musical work" (as hereinafter defined). The term "dramatic:o-musical work" as used in the Agreement, shall include, but not be limited to, a musical comedy, opera, play with music, revue, or ballet. (d) This license does not authorize performances: (1) at any convention, exposition, trade show, conference, congress, industrial show or similar activity presented by LICENSEE or on the Premises unless it is presented or sponsored solely by and under the auspices of LICENSEE, Is presented entirely on LICENSEE's Premises, and is not open to the general public; (2) by or at colleges and universities; (3) at any professional sports events or game played on the Premises; (4) at any permanently situated theme or amusement park owned or operated by LICENSEE; (5) by any symphony or community orchestra; and (6) by means of a coin operated jukebox. 3. REVIEW OF STATEMENTS AND / OR ACCOUNTINGS (a) BMi shall have the right to require such reasonable data necessary in order to ascertain the Annual License Fee. (b) BMI shall have the right, by its authorized representatives, at any time during customary business hours, to examine the books and records of account of LICENSEE to such extent as may be necessary to verify the statements made hereunder. BMI shall consider all data and Information coming to its attention as a result of any such examination of books and records as completely confidential. (c) BMI shall have the right to adjust LICENSEE's Annual License Fee based upon the most recently available revised population figures provided by the U. S. Census Department. Page 1 of 4 4. LATE PAYMENT AND SERVICE CHARGES BMI may impose a late payment charge of one and one-half percent (1%%) per month, or the maximum rate permitted by law, whichever is less, from the date payment is due on any payment that Is received by BMI more than thirty (30) days after the due date. BMI may impose a $25.00 service charge for each unpaid check, draft or other means of payment LICENSEE submits to BMI. 8. BMI COMMITMENT TO CUSTOMER / INDEMNITY So long as LICENSEE is not in default or breach of this Agreement, BMI agrees to indemnify, save harmless, and defend LICENSEE and its officers, and employees, from and against any and all claims, demands, or suits that may be made or brought against them with respect to the performance of any musical works which is licensed under this Agreement at the time of performance. LICENSEE agrees to give BMI immediate notice of any such claim, demand, or suit, to deliver to BMI any papers pertaining thereto, and to cooperate with BMI with respect thereto, and BMi shall have full charge of the defense of any such claim, demand, or suit. S. BREACH OR DEFAULT/ WAIVER Upon any breach or default of the terms and conditions contained herein, BMI shall have the right to cancel this Agreement if such breach or default continues for thirty (30) days after LICENSEE's receipt of written notice thereof. The right to cancel granted to BMI shall be in addition to any and all other remedies which BMI may have. No waiver by BMI of full performance of this Agreement by LICENSEE in any one or more instances shall be deemed a waiver of the right to require full and complete performance of this Agreement thereafter or of the right to cancel this Agreement with the terms of this Paragraph. 7. CANCELLATION OF ENTIRE CATEGORY BMI shall have the right to cancel the Agreement along with the simultaneous cancellation of the Agreements of all other licensees of the some class and category as LICENSEE, as of the end of any month during the Tenn, upon sixty (60) days advance written notice. 8. ASSIGNMENT This license Is not assignable or transferable by operation of law or otherwise. This license does not authorize LICENSEE to grant to others any right to perform publicly in any manner any of the musical compositions licensed under this Agreement, nor does it authorize any public performances at any of the Premises In any manner except as expressly herein provided. 8. ARBITRATION All disputes of any kind, nature, or description arising in connection with the terms and conditions of this Agreement, except for matters within the jurisdiction of the BMI Rate Cour; shall be submitted to the American Arbitration Association in the City, County, and State of New York, for arbitration under its then prevailing arbitration rules. The arbitrators) to be selected as follows: Each of the parties shall, by written notice to the other, have the right to appoint one arbitrator. If, within ten (10) days following the giving of such notice by one party, the other shall not, by written notice, appoint another arbitrator, the first arbitrator shall be the sole arbitrator. If two arbitrators are so - appointed, they shall appoint a third arbitrator. If ten (10) days elapse after the appointment of the second arbitrator and the two arbitrators are unable to agree upon a third arbitrator, then either party may, in writing, request the American Arbitration Association to appoint the third arbitrator_ The award made in the arbitration shall be binding and conclusive on the parties and judgment may be, but not need be, entered in any court having jurisdiction. Such award shall include the fixing of the costs, expenses, and attorneys' fees of arbitration, which shall be bome by the unsuccessful party. 10. NOTICES Any notice under this Agreement will be in writing and deemed given upon mailing when sent by ordinary first-class U.S. mail to the party intended, at its mailing address stated, or any other address which either party may designate. Any such notice sent to BMI shall be to the attention of the Vice President, General Licensing Department at 10 Music Square East, Nashville, TN 37203. Any such notice sent to LICENSEE shall be to the attention of the person signing the Agreement on LICENSEE's behalf or such person as LICENSEE may advise BMI in writing. 11. MISCELLANEOUS The fact that any provisions are found by a court of competent jurisdiction to be void or unenforceable will not affect the validity or enforceability of any other provisions. This Agreement constitutes the entire understanding between the parties and cannot be waived or added to or modified orally and no waiver, addition and modification shall be valid unless In writing and signed by both parties. 12. FEES (a) In consideration of the license granted herein, LICENSEE agrees to pay BMI a license fee which includes the total of the 'Base License Fee" and any applicable "Special Events License Fees", all of which shall be calculated in accordance with the Rate Schedule on Page 3. For purposes of this Agreement, (i) "Base License Fee" means the annual fee due in accordance with Schedule A of the Rate Schedule and based on LICENSEE's population as established In the most recent published U.S. Census data. It does not include any fees due for Special Events. (ll) "Special Events License Fees" means the amount due in accordance with Schedule B of the Rate Schedule when Special Events are presented by or on behalf of LICENSEE. It does not include any Base License Fee due. (iii) LICENSEES who are legally organized as state municipal and/or county leagues or state associations of municipal and/or county attorneys shall be required to pay only the fee under the Schedule C of the Rate Schedule. Such leagues or associations are not subject to Schedule A or Schedule B of the Rate Schedule. Fees paid by such leagues or associations do not cover performances of the municipality, county, or other local government entity represented by the league or association. Schedule C fees are not applicable to municipal, county or other government entities. Page 2 of 4 a 2006 RATE SCHEDULE FOR LOCAL GOVERNMENTS SCHEDULE B NfA Special Events Fee SCHEDULE A The rate for Special Events shall be 1% of Gross Revenue. Check Population Range (-v)Population LICENSEE's Population Base License Fee Enter Fee Based upon by LICENSEE for each Special Event. 1 - 50,000 $280 -39 ❑ 50,001 75,001 75,000 - 100,000 $560 $672 100,001 - 125,000 $897 ❑ 125,001 - 150,000 $1,121 150,001 - 200,000 $1,457 ❑ 200,001 - 250,000 $1,793 Li 250,001 - 300,000 $2,131 ❑ 300,001 350,000 $2,467 350,001 - 400,000 $2,803 ❑ 400,001 - 450,000 $3139 450,001 - 500,000 $3,476 ❑ 500,001 plus If 500,001 or more, enter population radon Increment or for po�oonn 000 thereof above 500,000 up to a merdmum armual fee of 558,054 SCHEDULE A FEE $ C;PbO. 0� SCHEDULE B NfA Special Events Fee (to be reported 90 days after each event*, see Par. 13(d)) The rate for Special Events shall be 1% of Gross Revenue. ■ 'Special Events" means musical events, concerts, shows, pageants, sporting events, festivals, competitions, and other events of limited duration presented by LICENSEE for which the 'Gross Revenue" of such Special Events exceeds $25,000. ■ "Gross Revenue" means all monies received by LICENSEE or on LICENSEE's behalf from the sale of tickets for each Special Event. If there are no monies from the sale of tickets, "Gross Revenue" shall mean contributions from the sponsors or other payments received by LICENSEE for each Special Event. SCHEDULE B FEE M wl"Pvw" b a report form to report your events" SCHEDULE C N/A State Municipal and/or County Leagues or State Associations of Attorneys (to be completed if you are a State Municipal and/or County Leagues or State Associations of Attorneys) The annual license The for LICENSEES who are legally organized as state municipal and/or county leagues, or state associations of municipal and/or county attorneys shall be $280.00. No Special Events fee applies to LICENSEES qualifying under this schedule. SCHEDULE C FEE l $ 13. REPORTING TOM A &r1A1WsMP;"rilesf61r (a) Upon the execution of this Agreement LICENSEE shall submit: : C�i�tr �Yiai6i$ 521,240- (i) a report stating LICENSEE's population based on the moZ Wg2nt DublishLd U, . Census data. The population set forth in the report shall be used to calculate the Base License Fee under this Agreement; and (ii) a report containing the information set forth in Paragraph 13 (d) below for all Special Events that were presented between the effective date of this Agreement and the execution of this Agreement. (b) The Base License Fee for the first year of this Agreement and any license fees due for Special Events that were presented between the effective date of this Agreement and the execution of this Agreement shall be payable upon the execution of this Agreement. (c) Base License Fees for subsequent years shall be due and payable within 30 days of the renewal date of this Agreement and shall be accompanied by a statement confirming whether any Special Events were presented during the previous calendar year. (d) Ninety (90) days after the conclusion of each Special Event, LICENSEE shall submit to BMI payment for such Special Event and a report in printed or computer readable form stating: (i) the date presented; (ii) the name of the attraction(s) appearing; (iii) the 'Gross Revenue" of the event (as defined above); (iv) the license fee due for each Special Event. Page 3 of 4 • (e) If LICENSEE presents, sponsors or promotes a Special Event that Is reportable under Rate Schedule B with another person or entity licensed under a BMI License Agreement, LICENSEE shall indicate the name, address, phone number and BMI account number of the other person(s) or entity(ies) and the party responsible for payment for such Special Event If the other party Is not licensed by BMI, LICENSEE shall pay the license tee due hereunder, notwithstanding any agreement to the contrary between LICENSEE and the other party. (f) LICENSEE agrees to furnish to BMI, where available, copies of all programs of musical works performed, which are prepared for distribution to the audience or for the use or information of LICENSEE or any department thereof. The programs shall Include all encores to the extent possible. LICENSEE shall be under no obligation to fumish programs when they have not been otherwise prepared. 14. RATE ADJUSTMENTS / LICENSE FEE FOR YEAR 2008 AND THEREAFTER For each calendar year commencing 2007, all dollar figures set forth In Schedules A, B and C (except the $500 add-on for populations of 500,001 or more) shall be the license fee for the preceding calendar year, adjusted in accordance with the increase in the Consumer Price Index — All Urban Consumers (CPI -U)) between the preceding October and the next preceding October, rounded to the nearest dollar. Any additional license fees due resulting from the CPI adjustment shall be payable upon billing by BMI. 15. TERM OF AGREEMENT nI{r `' This Agreement shall be for an initial Term of one (1) year, commencing W 00 6 ,which shall be considered the effective date of this Agreement, and continuing thereafter for additional terms of one (1) year each. Either party may give notice of termination to the other no later than thirty (30) days prior to the end of the initial or any renewal term. If such notice is given, the Agreement shall terminate on the last day of the Term in which notice is given. AGREEMENT AGREEMENT, made at New York, N.Y. on (Date w111 be ente W by BMI upon exectdm) between BROADCAST MUSIC, INC., a State of New York corporation with Its principal offices at 320 West 57"' Street, New York, N.Y. 10018 (hereinafter 'BMIJ and the legal or trade name described below and referred to thereafter as "LICENSEE' (the 'Agreement"). This Agreement includes all of the terms and conditions set forth herein. PLEASE RETURN THIS ENTIRE SIGNED LICENSE AGREEMENT TO: BMI, 10 MUSIC SQUARE EAST, NASHVILLE, TN 37203 ENTER LEGAL NAME: (Name of Corpontlion, Parifibrop, or IndNiciuni Owner) ENTER TRADE NAME: (Doing bustnese under the name ot) CHECK APPROPRIATE BOX AND COMPLETE ❑ Individual Ownership ❑ LLC ❑ Corporation (amts of Ueaporavon, a dare<eru From Lloensed tom) ❑ LLP ❑ Partnership LICENSED PREMISES 33 EALSt ldawo St. and z11 Gov 'tines (Skeet, ) 1 836+2- (GW) (8101e) (ZA) 20 -MO -WI: us -694-871S (Telep hose No.) (Fax Number) M*,"ue Alb ftm parmlcaal ��IIrts�6>w�eridi�ncifv. ora (EaW Add—)(Web MAILING ADDRESS pf diff want from Licensed Premises address! ($see/ Address) ( ) (stets) (rip) (Enter names of pa,e,e,$) (Telephone No) (F- N,—� 15( Other Muirildiyil1TV (Do, crNama) axe) Fed Tax ID # Z-60� I7.ZS (Er-# AWS TO ATIVE OF UCENSEE \%111111 Ufilir 6" FOR ADMINISTRATIVE USE ONLY TO BE COMPLETED BY BMI BROADCAST MUSIC, INC. Qf Print Name / Tide AL ' = ` FOR BMI USE ONLY �� , " �•.��� Account No. COID t�rrirrrnl e BM! andtte music stand symbol are registered trademarks of Broadcast Music, Inc. Page 4 of 4 L-1 ATTACHMENT C SESAC license agreement 0 Instructions for completing the SESAC Performance License Please verify or complete the information on the SESAC Performance License, then sign where indicated before returning the license with payment in the enclosed postage paid envelope. 1. Name of corporation, partnership, sole proprietorship, etc. — verify or complete either the legal name of Corporation as filed with the Secretary of State or the names of the Partners in a Partnership or the name of the Sole Proprietor. 2. Mailing address — verify or complete the mailing address of the Corporation, Partnership or Sole Proprietor including street address, city, state and zip code. 3. Name — verify or complete the name of the establishment being licensed. 4. Location — verify or complete the street address, including city, state and zip code of the establishment being licensed. S. Telephone, Fax and email — complete these sections. 6. Please insert today's date — input the date you sign the SESAC Performance License 7. Licensee — sign the SESAC Performance License where indicated, then type or print the name of the person who signs the license including his or her title. If Schedule "A" is Attached 8. Verify all the information regarding music usage. If an Addendum is Attached 9. Complete the addendum and sign where indicated ALL PAGES OF THE SESAC PERFORMANCE LICENSE, INCLUDING THE SCHEDULE -A" MUST BE RETURNED TO SESAC. Two ways to payl Return this Stub with your 1) cheek or 2) credit card information.tie 1. If paying by check please complete the followingo 2. If paying by Visa or Mastercard please complete the follevringi Check No Establishment Name Amount Paid: Amount Charged: $ A 1 fffiii i. USE ONLY 63-11-01007 Establishment Name Cardholder Name Card Billing Address Please scud all correspondence to: SS Music Square Hast, Nashville, TN 37203 city State Zip Card No. -- -- - ----- - ---- Expiration Date — / _ Security Code (see below*) Signature 'Tho security cc& is the last three or four digits printed on the back of your credit card in the signature block. 63-11-01007/180705/JK 1:71 SESAC PERFORMANCE LICENSE for MUNICIPALITIES Agreement made in New York by and between SESAC, Inc. ("SESAC"), a New York corporation, with offices at 55 Music Square East, Nashville, TN 37203 and C 1 OF M! ldJl h datho ("LICENSEE") (LOgSl NOMSOT tntity) (Billing Address) -35 exs± idZtlip W-fef (City, State, zip) KrwidiM,1 dalao $3(642 - Telephone: Z -CG -"b • %V(6 Fax: 2-06-664-0123 E-mail: &Ito !M 0!MMdJ Ayyl ' y. Mrj SESAC and LICENSEE hereby mutually agree as follows: 1. GRANT OF RIGHTS: Effective as of January 01. 2006 (the "Effective Date") SESAC grants to LICENSEE the non-exclusive right and license to publicly perform live or recorded non -dramatic renditions of the musical compositions, the performance rights to which SESAC controls and/or is empowered to license (the "Compositions") solely on and in connection with the following: Name City of Meridian Location Meridian, ID (the "Municipality") As used herein, "Municipality" shall include those locations owned, operated, and/or leased by LICENSEE which are used as governmental offices or for related purposes; those locations at which events are held under LICENSEE's sole control and attended by LICENSEE's employees, their families, social acquaintances, citizens, and other members of the public; and those areas owned, operated, and/or leased by LICENSEE which are under LICENSEE's sole control. 2. LIMITATIONS OF RIGHTS: The Rights granted pursuant to Paragraph 1 above shall specifically exclude: A. the right to perform, broadcast, televise or otherwise transmit the Compositions to any location (unless and to the extent otherwise expressly permitted in Schedule "A"); B. the right to grant the Rights to any third party; C. "Grand Rights" in and to the Compositions ("Grand Rights" include, but are not limited to, the right to perform in whole or in part, dramatico-musical and dramatic works in a dramatic setting); D. performances of the Compositions (i) which are part of a background music service originating from any location including the Municipality, for which performance license fees are otherwise paid, regardless of the means by which such performances are transmitted on or to the Municipality, (ii) by coin-operated phonorecord players ("jukeboxes"), as defined in 17 U.S.C. § 116, and/or (iii) transmitted by computer on-line services or electronic bulletin boards and received on the Municipality (unless and to the extent otherwise expressly permitted in Schedule "A"). 63-11-01007/180705/JK 0 6. MISCELLANEOUS: A. In the event LICENSEE fails to pay the License Fee when due or is otherwise in default of any other provision of this Agreement, then SESAC shall have the right to terminate this Agreement in addition to pursuing any and all other rights and/or remedies available if LICENSEE has not cured such breach within thirty (30) days following SESAC's written notice of such default. B. SESAC shall have the right to withdraw from the scope of this License, upon written notice, the right to perform any musical composition licensed hereunder as to which any action has been threatened, instituted, or a claim made that SESAC does not have the right to license the performance rights in such composition. C. This Agreement shall be binding upon and inure to the benefit of SESAC's and LICENSEE's legal representatives, successors, and assigns, but no assignment shall relieve SESAC or LICENSEE of their obligation under this Agreement. D. This Agreement supersedes and cancels all prior negotiations and understandings between SESAC and LICENSEE in connection with the Municipality. No modification of this Agreement shall be valid or binding unless in writing and executed by SESAC and LICENSEE. If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction or by any other legally constituted body having the jurisdiction to make such determination, the remainder of this Agreement shall remain in full force and effect. No waiver of any breach of this Agreement shall be deemed a waiver of any preceding, continuing or succeeding breach of the same, or any other provision of this Agreement. IN WITNESS THEREOF, the parties have caused this Agreement to be duly signed as of October 12 ZObr . Please insen Guys M - �-LICENSEE - - -- - -a - _ --= -----fi =--- - SESAC, lnc...__.... BY: _&/orb />I-.% wi�' & (Type or print name) TITLE: W h7l- Please mail signed lice se toot BY: nAT a WE TITITLE: ft 55 Music Square East Nashville, TN 37203 City of Meridian Account No: 63-11-01007 / JK I.D. No: 180705 63-11-01007/180705/JK • Schedule "A" MUNICIPALITY - ZQQB o&obex' 47.006 I. Municipality.. "Municipality," as used In the SESAC Perrormance License effective JORMFV 04. 9AG� {the "Agreement") to which this Schedule "A" Is attached, shall be defined as the following Municipality: Name City of Meridian Location Meridian, ID (the "Municipality' II. Fee Schedule/Llcense Fee. A. The annual License Fee shall be based upon the "Population" of the Municipality as noted below: "Population" Under 25,000 25,001 -50,000 50,001 -100,000 100,001 -150,000 150,001 -250,000 250,001 -500,000 500,001 And over Population: 9 5z17-s}O License Fee for calendar year 2006 $ 232 $ 463 $ 753 $ 1,100 $1,505 $1,966 $2,490 + $232 for each additional 100,000 population This license will authorize audio and/or audiovisual musical performances (radio, records, tapes, compact discs, videocassettes, -- ---laser-cfiso television;-amd-sir Usf-modW),-and4lve-musical-pdrf4mmances.. This license-will-Wsa-authoriz� per€oFinances via -mash: on hold systems operated by LICENSEE. B. As used herein, "Population" shall mean the total population of the Municipality as of the most recent United States Census. C. LICENSEE shall pay the License Fee to SESAC upon execution of this Agreement, with license fees due and payable In advance, T -he inigal bleemm-Pimi psymul it so 1011 bto a F e­iated amswRt "is 111— —116 It Heense Fee iota(*) 41-- W -W ­ Subsequent payments shall be made annually in one (1) payment on or before the first day ofOdeFrtrar9��, for the billing period of �Gh through R��of�each year of the Term. 0 [ D. Upon execution of this Agreement, LICENSEE shall provide S SAC with a report detailing the Population as of the Effective Date. Thereafter, on or before October 1 of each calendar year, In the event that a change in the Population results in a change inod+'y � category, LICENSEE shall submit an updated report of the Population. License fees will be adjusted effective the following SESAC retains the right to obtain these figures through United States Census Data and make appropriate adjustments to the license fee. E. Notwithstanding anything to the contrary contained In this Agreement, upon written notice to LICENSEE, SESAC shall have the right to adjust the rates set forth in the Fee Schedule. In the event that LICENSEE's License Fee increases as a result of such adjustment to the Fee Schedule, LICENSEE shall have the right to terminate this Agreement as of the date such Increase is to take effect. LICENSEE must give SESAC written notice of such termination by certified mail, return receipt requested, not later than thirty (30) days after written notice of such increase is sent to LICENSEE by certified mail. This paragraph shall not apply to paragraph 4.1) of the Agreement. III. This Schedule is incorporated and made part of the Agreement. Unless otherwise Indicated, all capitalized terms in this Schedule "A" shall have the same meaning as set forth In the Agreement. Please do not detach, must accompany license Please mall completed license to: SESAC, 55 Music Sq. E., Nashville, TN 37203 City of Meridian / 63-11-01007 / JK ID# 180705 63-11-01007/180705/JK r • November 7, 2006 • Tammy deWeerd NOV 15 2006 City of Meridian Idaho 33 ri Idaho St C t t Y of ;Meridian Meridian iD 83642 City Clerk Office RE: CORRECTION TO BMI MUSIC PERFORMANCE AGREEMENT ACCOUNT #: 1425132 Dear Ms. deWeerd: I am pleased to enclose an executed copy of your BMI Music Performance Agreement. In order to verify the information that was corrected on your enclosed agreement, please review all of the following information that we have for your account and sign this letter where indicated by the W to signify approval that this information is correct. Then kindly return this letter to BMI within 10 days in the enclosed envelope. LEGAL NAME: City of Meridian Idaho "DOING BUSINESS AS" (DBA) NAME: City of Meridian Idaho STARTIEND DATES OF AGREEMENT: 10/01/2006 - 09/30/2007 ANNUAL FEE: $ 504.00 Also enclosed is a copy of our brochure "A Quick Guide to Services". This brochure is filled with information about your license and includes a detailed guide to help you understand your invoice. In addition, there is a BMI decal for you to display, letting your customers know that you support the writers of the music they enjoy. . On behalf of BMI's songwriters, composers, and music publishers, thank you. If you have any questions, please contact our Customer'Service Department toll-free at (877) 264-2137. Sincerely, d"4"�V� Jack Flynn Senior Dlrector General Licensing Xw�/I Customer Sig atu Date Encl: Executed MPA, Customer Service Brochure, Decal, BRE 10 Music square East, Nashvilfe, Tennessee 37203.4398 (877) 264-2137 Fax; (615) 441-2895 CORRMPA.doc BMI mW the music eland symbol are registered MemaAs at Broadcast Music. Inc. 0 • BMI® Music LGE Performance LOCAL. GOVERNMENTAL Li -05112 -LGE Agreement ENTITIES http:/hvww.bmi.com 1. DEFINITIONS (a) LICENSEE shall include the named entity and any of its constituent bodies, departments, agencies or leagues. (b) Premises means buildings, hospitals, airports, zoos, museums, athletic facilities, and recreational facilities, including, but not limited to, community centers, parks, swimming pools, and skating rinks owned and/or operated by LICENSEE and any site which has been engaged by LICENSEE for use by LICENSEE. (c) Recorded Music means music which is performed at the Premises by means other than by live musicians who are performing at the Premises, including, but not limited to (1) compact disc, audio record or audio tape players (but not Including 'jukeboxes'); (2) videotape, videodisc or DVD players; (3) music performed as an accompaniment to karooke; (4) the reception and communication at the premises of radio or television transmissions which originate outside the Premises, and which are not exempt under the Copyright Law; or (5) a music -on -hold telephone system operated by LICENSEE at the Premises. (d) Live Entertainment means music that is performed at the Premises by musicians, singers and/or other performers. (e) BMI Repertoire means all copyrighted musical compositions written and/or published by BMI affiliates or members of BMI-affiliated foreign performing rights societies, including compositions written or published during the Term of this Agreement and of which BMI has the right to license non -dramatic public performances. (f) Events and Functions means any activity conducted, sponsored, or presented by or under the auspices of LICENSEE. Except as set forth in Paragraph 2 (d) below, "Events" and "Functions' shall include, but are not limited to, aerobics and exercise classes, athletic events, dances and other social events, concerts, festivals, arts and crafts fairs, and parades held under the auspices of, or sponsored or promoted by, LICENSEE on the Premises. (g) Special Events means musical events, concerts, shows, pageants, sporting events, festivals, competitions, and other events of limited duration presented by LICENSEE for which the "Gross Revenue" (as defined in Schedule B) of such Special Event exceeds $25,000. 2. BMI GRANT (a) BMI grants and LICENSEE accepts a non-exclusive license to perform, present or cause the live and/or recorded public performance on the 'Premises' and at "Events" and 'Functions', and not elsewhere or otherwise, non -dramatic renditions of the separate musical compositions in the 'BMI Repertoire°. The performances licensed under this Agreement may be by means of "Live Entertainment" or 'Recorded Music". (b) This license does not authorize (1) the broadcasting, telecasting or transmission or retransmission by wire, Internet, website or otherwise, of renditions of musical compositions in BMI's Repertoire to persons outside of the Premises, other than by means of a music -on -hold telephone system operated by LICENSEE at the Premises; and (2) performances by means of background music (such as Muzak) or other services delivered to the Premises. Nothing in this Paragraph shall be deemed to limit LICENSEE's right to transmit renditions of musical compositions in the BMI Repertoire to those who attend Events or Functions on the Premises by means of teleconferencing, videoconferencing or similar technology. (c) This license is limited to non -dramatic performances, and does not authorize any dramatic performances. For purposes of this Agreement, a dramatic performance shall include, but not be limited to, the following: (1) performance of a 'drametico-musical work' (as hereinafter defined) in its entirety; (2) performance of one or more musical compositions from a "drametico-musical work" (as hereinafter defined) accompanied by dialogue, pantomime, dance, stage action, or visual representation of the work from which the music is taken; (3) performance of one or more musical compositions as part of a story or plot, whether accompanied or unaccompanied by dialogue, pantomime, dance, stage action, or visual representation; and (4) performance of a concert version of a 'dramatico-musical work° (as hereinafter defined). The term "dramatico-musical work' as used in the Agreement, shall include, but not be limited to, a musical comedy, opera, play with music, revue, or ballet. (d) This license does not authorize performances: (1) at any convention, exposition, trade show, conference, congress, industrial show or similar activity presented by LICENSEE or on the Premises unless it is presented or sponsored solely by and under the auspices of LICENSEE, is presented entirely on LICENSEE's Premises, and is not open to the general public; (2) by or at colleges and universities; (3) at any professional sports events or game played on the Premises; (4) at any permanently situated theme or amusement park owned or operated by LICENSEE; (5) by any symphony or community orchestra; and (6) by means of a coin operated jukebox. 3. REVIEW OF STATEMENTS AND 1 OR ACCOUNTINGS (a) BMI shall have the right to require such reasonable data necessary in order to ascertain the Annual License Fee. (b) BMI shall have the right, by its authorized representatives, at any time during customary business hours, to examine the books and records of account of LICENSEE to such extent as may be necessary to verify the statements made hereunder. BMI shall consider all data and information coming to its attention as a result of any such examination of books and records as completely confidential. (c) BMI shall have the right to adjust LICENSEE's Annual License Fee based upon the most recently available revised population figures provided by the U. S. Census Department. Page I of 4 0 4. LATE PAYMENT AND SERVICE CHARGES BMI may impose a late payment charge of one and one-half percent (1%%) per month, or the maximum rate permitted by law, whichever is less, from the date payment is due on any payment that is received by BMI more than thirty (30) days atter the due date. BMI may impose a $25.00 service charge for each unpaid check, draft or other means of payment LICENSEE submits to BMI. 5. BMI COMMITMENT TO CUSTOMER 1 INDEMNITY So long as LICENSEE is not in default or breach of this Agreement, BMI agrees to indemnify, save harmless, and defend LICENSEE and its officers, and employees, from and against any and all claims, demands, or suits that may be made or brought against them with respect to the performance of any musical works which is licenced under this Agreement at the time of performance. LICENSEE agrees to give BMI immediate notice of any such claim, demand, or suit, to deliver to BMI any papers pertaining thereto, and to cooperate with BMI with respect thereto, and BMI shall have full charge of the defense of any such claim, demand, or suit. 6. BREACH OR DEFAULT /WAIVER Upon any breach or default of the terms and conditions contained herein, BMI shall have the right to cancel this Agreement if such breach or default continues for thirty (30) days after LICENSEE'S receipt of written notice thereof. The right to cancel granted to BMI shall be in addition to any and all other remedies which BMI may have. No waiver by BMI of full performance of this Agreement by LICENSEE in any one or more instances shall be deemed a waiver of the right to require full and complete performance of this Agreement thereafter or of the right to cancel this Agreement with the terns of this Paragraph. 7. CANCELLATION OF ENTIRE CATEGORY BMI shall have the right to cancel the Agreement along with the simultaneous cancellation of the Agreements of all other licensees of the same class and category as LICENSEE, as of the and of any month during the Term, upon sixty (60) days advance written notice. 8. ASSIGNMENT This license is not assignable or transferable by operation of taw or otherwise. This license does not authorize LICENSEE to grant to others any right to perform publicly in any manner any of the musical compositions licensed under this Agreement, nor does it authorize any public performances at any of the Premises in any manner except as expressly herein provided. 9. ARBITRATION All disputes of any kind, nature, or description arising in connection with the terms and conditions of this Agreement, except for matters within the jurisdiction of the BMI Rate Court, shall be submitted to the American Arbitration Association in the City, County, and State of New York, for arbitration under its then prevailing arbitration rules. The arbitrators) to be selected as follows: Each of the parties shall, by written notice to the other, have the right to appoint one arbitrator. If, within ten (10) days following the giving of such notice by one party, the other shall not, by written notice, appoint another arbitrator, the first arbitrator shall be the sole arbitrator. If two arbitrators are so appointed, they shall appoint a third arbitrator. If ten (10) days elapse after the appointment of the second arbitrator and the two arbitrators are unable to agree upon a third arbitrator, then either party may, in writing, request the American Arbitration Association to appoint the third arbitrator. The award made in the arbitration shelf be binding and conclusive on the parties and Judgment may be, but not need be, entered In any court having jurisdiction. Such award shall include the fixing of the costs, expenses, and attorneys' fees of arbitration, which shall be borne by the unsuccessful party. 10. NOTICES Any notice under this Agreement will be in writing and deemed given upon mailing when sent by ordinary first-class U.S. mail to the party intended, at its mailing address stated, or any other address which either party may designate. Any such notice sent to BMI shall be to the attention of the Vice President, General Licensing Department at 10 Music Square East, Nashville, TN 37203. Any such notice sent to LICENSEE shall be to the attention of the person signing the Agreement on LICENSEE's behalf or such person as LICENSEE may advise BMI in writing. 11. MISCELLANEOUS The fact that any provisions are found by a court of competent jurisdiction to be void or unenforceable will not affect the validity or enforceability of any other provisions. This Agreement constitutes the entire understanding between the parties and cannot be waived or added to or modified orally and no waiver, addition and modification shall be valid unless in writing and signed by troth parties. 12. FEES (a) In consideration of the license granted herein, LICENSEE agrees to pay BMI a license fee which includes the total of the 'Base License Fee" and any applicable "Special Events License Fees", all of which shall be calculated in accordance with the Rate Schedule on Page 3. For purposes of this Agreement, (i) "Base License Fee" means the annual fee due in accordance with Schedule A of the Rate Schedule and based on LICENSEE's population as established in the most recent published U.S. Census data. It does not include any fees due for Special Events. (ii) "Special Events License Fees" means the amount due in accordance with Schedule B of the Rate Schedule when Special Events are presented by or on behalf of LICENSEE. It does not include any Base License Fee due. (ii) LICENSEES who are legally organized as state municipal and/or county leagues or state associations of municipal and/or county attorneys shall be required to pay only the fee under the Schedule C of the Rate Schedule. Such leagues or associations are not subject to Schedule A or Schedule B of the Rate Schedule. Fees paid by such leagues or associations do not cover performances of the municipality, county, or other local government entity represented by the league or association. Schedule C fees are not applicable to municipal, county or other government entities. Page 2 of 4 0 2006 RATE SCHEDULE FOR LOCAL GOVERNMENTS SCHEDULE B NIA Special Events Fee SCHEDULE A The rate for Special Events shall be 1% of Gross Revenue. Check Population Range (4) LICENSEE's Population Base License Fee Enter Fee Based Upon Population 1 - 50,000 $280 50,001 75,000 $560 .pp 75,001 100,000 $672 100 001 125,000 $897 125,001 - 150,000 $1,121 150,001 200,000 $1,457 200,001 - 250,000 $1,793 250,001 - 300,000 $2131 300,001 - 350 OOD $2,467 350,001 - 400,000 $2,803 400,001 450 OOO $3139 450,001 - 500,000 $3,476 ❑ 500,001 - plus If 500.001 or more, enter population $4.260 plus $Soo for every loo.000 population inraemant or portion thereof above 500.000 up to a mardmum annual fee of sworn SCHEDULE A FEE $ OO SCHEDULE B NIA Special Events Fee (to be reported 90 days after each event*, see Par. 13(d)) The rate for Special Events shall be 1% of Gross Revenue. ■ "Special Events" means musical events, concerts, shows, pageants, sporting events, festivals, competitions, and other events of limited duration presented by LICENSEE for which the 'Gross Revenue" of such Special Events exceeds $25,000. ■ "Gross Revenue" means all monies received by LICENSEE or on LICENSEE's behalf from the sale of tickets for each Special Event If there are no monies from the sale of tickets, "Gross Revenue" shall mean contributions from the sponsors or other payments received by LICENSEE for each Special Event SCHEDULE B FEE Off w9i provide a report loan to report your events* SCHEDULE C N/A State Municipal and/or County Leagues or State Associations of Attorneys (to be completed if you are a State Municipal and/or County Leagues or State Associations of Attorneys) The annual license fee for LICENSEES who are legally organized as state municipal andfor county leagues, or state associations of municipal and/or county attorneys shall be $280.00. No Special Events fee applies to LICENSEES qualifying under this schedule. L SCHEDULE C FEE I $ 13. REPORTING 'C%e 100(olfa dwool0 " Aulft fair (a) Upon the execution of this Agreement, LICENSEE shall submit: ft COYOE Merridifft iS 721 240- (1) a report stating LICENSEE's population based on the mit recent published U.S. Census data. The population set forth In the report shall be used to calculate the Base License Fee under this Agreement; ander (1i) a report containing the information set forth in Paragraph 13 (d) below for all Special Events that were presented between the effective date of this Agreement and the execution of this Agreement. (b) The Base License Fee for the first year of this Agreement and any license fees due for Special Events that were presented between the effective date of this Agreement and the execution of this Agreement shall be payable upon the execution of this Agreement (c) Base License Fees for subsequent years shall be due and payable within 30 days of the renewal date of this Agreement and shall be accompanied by a statement confirming whether any Special Events were presented during the previous calendar year. (d) Ninety (90) days after the conclusion of each Special Event, LICENSEE shall submit to BMI payment for such Special Event and a report in printed or computer readable form stating: (i) the date presented; (ii) the name of the attraction(s) appearing; (iii) the "Gross Revenue" of the event (as defined above); (iv) the license fee due for each Special Event Page 3 of 4 (e) If LICENSEE presents, sponsors or promotes a Special Event that is reportable under Rate Schedule B with another person or entity licensed under a BMI License Agreement, LICENSEE shall indicate the name, address, phone number and SMI account number of the other person(s) or entity(les) and the party responsible for payment for such Special Event. If the other party is not licensed by BMI. LICENSEE shall pay the license fee due hereunder, notwithstanding any agreement to the contrary between LICENSEE and the other party. (f) LICENSEE agrees to furnish to BMI, where available, copies of all programs of musical works performed, which are prepared for distribution to the audience or for the use or information of LICENSEE or any department thereof. The programs shall include all encores to the extent possible. LICENSEE shall be under no obligation to furnish programs when they have not been otherwise prepared. 14. RATE ADJUSTMENTS / LICENSE FEE FOR YEAR 2006 AND THEREAFTER For each calendar year commencing 2007, all dollar figures set forth in Schedules A, B and C (except the $500 add-on for populations of 500,001 or more) shall be the license fee for the preceding calendar year, adjusted in accordance with the increase in the Consumer Price Index — All Urban Consumers (CPI -U)) between the preceding October and the next preceding October, rounded to the nearest dollar. Any additional license fees due resulting from the CPI adjustment shall be payable upon billing by BMI, 18. TERM OF AGREEMENT This Agreement shall be for an initial Term of one (1) year, commencing 0040ber !, 2D06 , which shall be considered the effective date of this Agreement, and continuing thereafter for additional terms of one (1) year each. Either party may give notice of termination to the other no later than thirty (30) days prior to the end of the initial or any renewal term. If such notice is given, the Agreement shall terminate on the last day of the Term in which notice is given. p AGREEMENT NOV 0 s 2006 AGREEMENT, made at New York N.Y, on (Date W9 be entered by BAR upon execution) between BROADCAST MUSIC, INC., a State of New York corporation with Its principal offices at 320 West 57'" Street, New York, N.Y. 10019 (hereinafter 13MIJ and the legal or trade name described below and referred to thereafter as "LICENSEE' (the "Agreement*). This Agreement includes all of the terns and conditions set forth herein. PLEASE RETURN THIS ENTIRE SIGNED LICENSE AGREEMENT TO: SMI, 10 MUSIC SQUARE EAST, NASHVILLE, TN 37203 ENTER LEGAL NAME: c.i CQf mcridmuldahe Mame of corporation. Pamlership, or IndMdual fir) ENTER TRADE NAME: (Dobw busftss ander era name oi) CHECK APPROPRIATE BOX AND COMPLETE ❑ Individual Ownership ❑ LLC ❑ Corporation (Slate of hrcOrpaWian, it ddferem from Lieerfsed Pr MAR) ❑ LLP ❑ Partnership (ENar rtOmas of peMers) Other MWaiab 1itu FedTaxlD# $2-60007.2S 33 EA5t LICENSED PREMISES ldabo St. and X1 City i-2tci1i4t (30eetAddress} Metridi�c� IU 1336+2. (sa" ren) us -664 -A?zs _Michelle Al,ber�r, pa (camaerulama, r +�, �1_�cr�sm ®vtnert'di�tiiv. ora . (Email Address) lWebAddnM MAILING ADDRESS lsa Of different from Licensed Premises address) w) (shWAddlew) (CRY) tsrate) lupi (TelVft— No.) (Fa: ftmb r) (Comae Name) (M" (Eme6 Address) TO BE COMPLETED BY AN AUTHORIZED FOR ADMINISTRATIVE USE ONLY REPRESENTATIVE OF LICENSEE TO BE COMPLETED BY BMI J zmo 0 BROADCA ,INC. 2V Signature �'=+ Thoiinas 0. Annastas, Vice President 7.-f aZ-Alee Print Name ) Title _elm�� — O .. FOR BMI USE ONLY Account No. COID ///rlrfl{ altl"t O >e BNII athe music stand symbol are registered trademarks of Broadcast Music, Inc. Page 4 of 4 I L� Tammy deWeerd City of Meridian Idaho 33 E Idaho St Meridian ID 83642 Dear Ms. deWeerd: November 7, 2006 City of Meridian City Clerk Office The enclosed letter from BMI songwriter Vince Gill expresses the gratitude that all of us feel here at BMI. Our staff is very proud of the contribution we make toward the continued growth of American Music. We are proud to serve the music licensing needs of businesses because our work and the work of our more than 300,000 affiliated songwriters, composers, and music publishers would not be possible without your support. For this reason, I am pleased to enclose an executed copy of your BMS Music License — your official verification that your business or organization can benefit from BMI's more than 6.5 million musical works. Our award-winning repertoire includes every style of music created which ensures that you will find the right musical fit to create the best atmosphere for your place of business. I've also enclosed a BMI decal to display in your establishment or organization and a copy of our customer service brochure "A Quick Guide To Services." This guide provides phone numbers for you to call for your specific business type. It also answers many questions regarding the licensing process, such as reporting, invoicing, and renewing your license. Again, on behalf of the entire family of BMI songwriters, composers, and music publishers, thank you for playing BMI music. Sincerely, ao Thomas G. Annastas Vice President General Licensing Encl: Executed MPA, BMI Decal, Customer Service Brochure, Letter From Vince Gill 10 Music Square East, Nashvirte, Tennessee 372034399 BMI and the music stand symW are registered vademarm or Broadcast Musb , kv— (877) 264-2137 Fax: (615) 401-2895 EXECMPA.doc 1425132 11062006 • 0 Bear BMI Customer, es a songwriter mho's been fortunate enough to make a career of It, I'd Illm to thank gnu for plaging mg songs. I'm a 19 o proud and grateful that seueral of them such as, ' I Still Belleue In You', When I Cali Your Name', and 'Look Bt Us` haus been plaged millions o1 times all ouer the world. 8 successful career perhaps owes as much to chance as to talent, but one decision that has been a "sure thing' for me Is mg association with BMI. 1 joined BMI In 1988 and through the gears I've consistentig enjoged the benefits of their representation, encouragement and resources as•theg work on behalf of all songwriters and publishers. BMI Is truig committed to providing the best for music creators and music users. Rgaln, mg thanks for making mg songs popular and to BMI for supporting mg songs and me. Sincersig, sin Page 1 of 1 Sharon Smith From: Michelle Albertson Sent: Wednesday, November 15, 2006 11:02 AM To: Sharon Smith; Ted Baird; Terry Paternoster; Bill Nary Cc: Will Berg; Tara Green Subject: RE: BMI license / Music Performance Agreement Sharon - The information on the cover letter is correct. The initial fee is based on a January through December contract but we modified the agreement to run from October through September. Our agreement with them actually runs from November 6, 2006 through September 30, 2007. BMI will apply the overage to our next year's invoice. Please obtain the Mayor's signature on the cover letter and return it to BMI. Could you also scan a copy of the letter with the Mayor's signature to us for our files? Please let me know if you have any questions. Michelle Albertson, Paralegal Meridian City Attorney's Office 703 N. Main Street Meridian, Ib 83642 (208) 898-5506 albertsm@meridiancity.org From: Sharon Smith Sent: Wednesday, November 15, 2006 10:44 AM To: Ted Baird; Terry Paternoster Cc: Will Berg; Tara Green; Michelle Albertson Subject: BMI license / Music Performance Agreement Mayor brought me a packet she received yesterday, and I am just getting to that this morning. I have scanned the documents for your review. They have revised the Music Performance Agreement and need that acknowledged and returned within 10 days. Will you please review and see if the changes have to go back to council, Please? Or let me know if we can pursue signature on the cover letter. When Laserfiche is back up I can get the agreement that was approved for your review/comparison if you were not aware of the referenced changes. Thanks! Sharon Smith Sr. Deputy City Clerk Meridian City Clerks Office Phone 208.888.4433 11/15/2006 0 . Page 1 of 1 Will Berg From: Michelle Albertson Sent: Wednesday, November 15, 2006 11:02 AM To: Sharon Smith; Ted Baird; Terry Paternoster; Bill Nary Cc: Will Berg; Tara Green Subject: RE: BMI license / Music Performance Agreement Sharon - The information on the cover letter is correct. The initial fee is based on a January through December contract but we modified the agreement to run from October through September. Our agreement with them actually runs from November 6, 2006 through September 30, 2007. BMI will apply the overage to our next year's invoice. Please obtain the Mayor's signature on the cover letter and return it to BMI. Could you also scan a copy of the letter with the Mayor's signature to us for our files? Please let me know if you have any questions. Michelle Albertson, Paralegal Meridian City Attorney's Office 703 N. Main Street Meridian, ID 83642 (208) 898-5506 albertsm@meridiancity.org From: Sharon Smith Sent: Wednesday, November 15, 2006 10:44 AM To: Ted Baird; Terry Paternoster Cc: Will Berg; Tara Green; Michelle Albertson Subject: BMI license / Music Performance Agreement Mayor brought me a packet she received yesterday, and I am just getting to that this morning. I have scanned the documents for your review. They have revised the Music Performance Agreement and need that acknowledged and returned within 10 days. Will you please review and see if the changes have to go back to council, Please? Or let me know if we can pursue signature on the cover letter. When Laserfiche is back up I can get the agreement that was approved for your review/comparison if you were not aware of the referenced changes. Thanks! Sharon Smith Sr. Deputy City Clerk Meridian City Clerks Office Phone 208.888.4433 11/15/2006 Page 1 of 1 Will Berg From: Sharon Smith Sent: Wednesday, November 15, 2006 10:44 AM To: Ted Baird; Terry Paternoster Cc: Will Berg; Tara Green; Michelle Albertson Subject: BMI license / Music Performance Agreement Attachments: DOC.PDF; DOC (2).PDF Mayor brought me a packet she received yesterday, and I am just getting to that this morning. I have scanned the documents for your review. They have revised the Music Performance Agreement and need that acknowledged and returned within 10 days. Will you please review and see if the changes have to go back to council, Please? Or let me know if we can pursue signature on the cover letter. When Laserfiche is back up I can get the agreement that was approved for your review/comparison if you were not aware of the referenced changes. Thanks! Sharon Smith Sr. Deputy City Clerk Meridian City Clerks Office Phone 208.888.4433 11/15/2006 September 29, 2006 FP 06-043 MERIDIAN CITY COUNCIL MEETING October 3, 2006 APPLICANT Raftis Tapestry, LLC ITEM NO. 8 REQUEST Final Plat approval for 19 single-family residential building lots & 5 common lots on 3.92 acres in an R-8 zone for Tapestry Subdivision - 635 and 675 South Linder Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Staff Comments CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: No Comment 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. BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF RAFTIS TAPESTRY, LLC FOR FINAL PLAT APPROVAL OF 19 SINGLE- FAMILY RESIDENTIAL BUILDING LOTS AND 5 COMMON LOTS ON 3.92 ACRES IN AN R-8 ZONE LOCATED AT 635 AND 675 SOUTH LINDER ROAD IN A RESUBDIVISION OF LOTS 14 THROUGH 17, VAN HEES SUBDIVISION, AS RECORDED IN BOOK 12 OF PLATS AT PAGE 688, RECORDS OF ADA COUNTY, IDAHO AND LYING IN THE SE 1/ OF THE NE 1/ OF T. 3N., R. 1W., SECTION 14 C/C October 3, 2006 CASE NO. FP -06-043 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Unified Development Code 11-6B-3 on October 3, 2006, and the Council finding that the Administrative Review is complete from Kristy Vigil, Assistant City Planner for the Planning and Zoning Department, and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: October 3, 2006, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TAPESTRY SUBDIVISION / (FP -06-043) Page 1 of 4 ip 1. The Final Plat of "PLAT SHOWING TAPESTRY SUBDIVISION A RESUBDIVISION OF LOTS 14 THROUGH 17, VAN HEES SUBDIVISION, AS RECORDED IN BOOK 12 OF PLATS AT PAGE 688, RECORDS OF ADA COUNTY, IDAHO AND LYING IN THE SE '/a OF THE NE '/a OF T. 3N., R. 1 W., SECTION 14, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2006, HANDWRITTEN DATE: 08/24/06, SHEET 1 OF 3, MARKS LAND SURVEYING", RAFTIS TAPESTRY, LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Kristy Vigil, Assistant City Planner for the Planning and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: October 3, 2006, listing 17 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 10 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 4 pages, and by this reference incorporated herein, and the response letter from Civil Dynamics, a true and correct copy of which is attached hereto marked Exhibit `B" and consisting of 5 pages, and by this reference incorporated herein, and the response letter from Nampa and Meridian Irrigation District, a true and correct copy of which is attached hereto marked Exhibit "C" and consisting of 1 page, and by this reference incorporated herein. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TAPESTRY SUBDIVISION / (FP -06-043) Page 2 of 4 • 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the -3pf' day of dCkObe.i' , 2006. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TAPESTRY SUBDIVISION / (FP -06-043) Page 3 of 4 Ej ATTEST: SEAL WILLIAM G. BERG, JR C CL Copy served upon: Applicant'1111,1. j, .4,�`,osoa��`, Planning Depar 44'ieffet ..,Public Works Department City Attorney By: City Clerk's Office Dated: 11--1 -()[ ID ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TAPESTRY SUBDIVISION / (FP -06-043) Page 4 of 4 CITY OF MERIDIAN PANING AND PUBLIC WORKS DEPAR'T'MENTS STAFF REPORT r STAFF REPORT: Hearing Date: October 3, 2006 Transmittal Date: September 28, 2006 C�V r IDA" TO: Mayor and City Council, FROM: Kristy Vigil, Assistant City Planner Michael Cole, Development Services Coordinator C- SUBJECT- Tapestry Subdivision Final Plat Request for Final Plat Approval of Tapestry Subdivision Consisting of 19 Single - Family Residential Building Lots and 5 Common Lots on 3.92 Acres in an R-8 Zone by Raftis Tapestry, LLC (File# FP -06-043). We have reviewed this submittal and offer the following comments and conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Raftis Tapestry, LLC, has applied for final plat approval of 19 single-family residential lots and 5 common lots on 3.92 acres of land for Tapestry Subdivision. The current zoning designation for the property proposed for subdivision is R-8. The gross density of the proposed subdivision is 4.85 dwelling units per acre; the net density is 6.74 dwelling units per acre. Tapestry Subdivision is located at 635 and 675 S. Linder Road in T. 3N., R.1 W., Section 14. This property has not been previously platted. Concurrent to the Annexation and Preliminary Plat approval, the applicant received alternative compliance approval to allow a reduction for the required 25 -foot landscape buffer along S. Linder Road. The approval allowed the applicant to construct a 10 -foot landscape buffer in the area where the existing home will remain. The existing home on the proposed Lot 2, Block 2 encroaches into the required buffer by 10 feet. The landscape buffer along the property boundary of the home shall remain a 25 -foot wide section until within 5 feet of the existing home, wherein it will angle and be reduced to 10 feet to accommodate the home. The applicant is providing an additional 70 feet buffer/common lot on the north side of the site entrance as compensation. The final plat submitted for this phase depicts one more lot than was approved on the preliminary plat for Tapestry Subdivision; however, the additional lot is a common lot for a micro -path to Peregrine Elementary school. The addition of this common lot was discussed at the preliminary plat stage. Staff believes that the proposed final plat substantially complies with the approved preliminary plat. The City Council approved the preliminary plat for Tapestry Subdivision on August 15, 2006. Staff recommends approval of Tapestry Subdivision with the comments and conditions stated in this report. SITE SPECIFIC CONDITIONS Applicant is to meet all terms of the approved preliminary plat (PP -06-026) and annexation and zoning (AZ -06-27). Exhibit "A" FP -06-043 Tapestry Subdivision F P.doc PAGE T CITY OF MERIDIAN PLINNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 2. The applicant has indicated that the pressurized irrigation system in this development is to be owned and operated by Nampa and Meridian Irrigation District. A letter of plan approval shall be submitted prior to scheduling of a pre -construction meeting. Prior to plan approval the applicant shall submit signed written documentation from the School District, granting permission to install mains across their property. 4. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a single -point connection to the potable water system is used, the developer shall be responsible for the payment of assessments for the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. 5. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. Temporary construction fencing to contain debris shall be installed at the subdivision boundary where permanent fencing does not exist. Perimeter fencing shall be installed prior to release of building permits for this subdivision. 6. The existing house shall be required to connect to City sewer and water. The applicant shall be responsible for the payment of assessments prior to signature on the final plat, and shall be responsible for the actual physical connection of the house to the services prior to certificates of occupancy being issued. 7. Sanitary sewer service is being proposed by mains that flow to the Landing Lift Station. The applicant shall be responsible for any upgrades to the lift station that are deemed necessary by the Public Works Department. Written approval from engineering staff shall be submitted prior to construction plan approval. 8. Sanitary sewer and water service to this site is being proposed via extensions of existing mains in S. Linder Road. Applicant will be responsible to construct the sewer and water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. Minimum cover over sewer mains is three -feet. If there is less than three feet from top of pipe to sub -grade then upgraded pipe materials shall be used per City of Meridian Standard Specifications. 9. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 10. Graphically depict on the face of the plat a special setback on the eastern boundary of Lot 8, Block 2 of sufficient width to ensure the Department of Environmental Quality's Best Management Practice of 20 -feet separation between building foundations and infiltration trenches. 11. Revise Lot 13, Block 1 (pathway to the school) to be 15 feet wide to comply with the standards for micro -paths in UDC 11-3B-12. 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. During the preliminary plat phase the applicant received approval to not pipe the ditch along the southern boundary if the provided documentation that the ditch did not lay within their property. Their engineer submitted a stamped signed letter stating the ditch was not within the property owned by the applicant. Exhibit "A" FP -06-043 Tapestry Subdivision FP.doc PAGE 2 CITY OF MERIDIAN PONING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT Therefore this ditch does not need to be tiled. All ditches that lay within this development shall be tiled, plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 13. The Certificate of Owners is missing the call of the northern boundary of this subdivision. The applicant shall make any necessary corrections to ensure the Certificate of Owners is accurate. 14. Revise the following plat notes on the face of the plat prepared by Marks Land Surveying and dated 8/24/06: 2. Revise to read, "... wide permanent Public Utilities irrigation and ..." 11. Add Lot 13, Block 1 and Lot 9, Block 2 as a common lot owned and maintained by the HOA. *. Add a note dedicating a 10 -foot wide public utilities, drainage, and irrigation easement centered on all interior lot lines. *. Add note, "Direct lot access to South Linder Road is prohibited." 15. The landscape plan, prepared by Jensen Belts and dated 7/07/06, shall be revised as follows: a. The plan appears to be accurate, but it does not scale correctly. Revise the scale accordingly. b. Depict Lot 13, Block 1 and the required landscaping for micro -paths per UDC 11-3B-12 on the plan. C. Revise the proposed fencing on Lot 2, Block 1 and Lots 2 and 3, Block 2 to meet the standards in UDC 11 -3A -7C1 and UDC 11 -3A -7C2. d. Include fencing details for the proposed vinyl fencing and the existing chain link (i.e. construction materials & picture/sketch). e. Show Bayeux Street as a stub street to the south. f. Depict a 10 -foot wide gravel shoulder and lawn or other vegetative groundcover along S. Linder Road adjacent to the site, per UDC 11-3B-7C5a. g. Include planting and installation details on the plan. h. Include tree class in the plant palette. Submit three copies of the revised landscape plan to the Planning Department prior to signature on the final plat by the City Engineer. 16. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3B-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-313- 11. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-313-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 17. Staff's failure to cite specific ordinance provisions or conditions of the preliminary plat does not relieve the Applicant of responsibility for compliance. Exhibit "A" FP -06-043 Tapestry Subdivision FP.doc PAGE 3 CITY OF MERIDIAN PL'A'NNING AND PUBLIC WORKS DEPAOMENTS STAFF REPORT GENERAL REQUIREMENTS A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2. All development improvements, including but not limited to water, sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 3. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. 4. 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. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 7. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 8. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 9. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 10. Approval of the preliminary plat shall become null and void if the applicant fails to record the final plat within two years of the approval of the preliminary plat per UDC 11 -6B -7A. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen months, may be considered for final approval without resubmission for preliminary plat approval per UDC 11 -6B -7B. STAFF RECOMMENDATION Staff recommends approval of the final plat for Tapestry Subdivision (FP -06-043) with the above stated comments and conditions. Exhibit "A" FP -06-043 Tapestry Subdivision FP.doe PAGE 4 CITY OF MERID.AN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT STAFF REPORT: TO: FROM: SUBJECT: We have reviewed this These conditions shall Meridian City Council: Hearing Date: October 3, 2006 Transmittal Date: September 28, 2006 Mayor and City Council VJ N Kristy Vigil, Assistant City Planner"' Michael Cole, Development Services Coordinator C ��'� Tapestry Subdivision Final Plat ��� "Cr 0 Request for Final Plat Approval of Tapestry Subdivision Consisting ' ''1` tngl'et, j Family Residential Building Lots and 5 Common Lots on 3.92 Acres in Zone by Raftis Tapestry, LLC (File# FP -06-043). submittal and offer the following comments and conditions of the applicant. be considered in full, unless expressly modified or deleted by motion of the APPLICATION SUMMARY & LOCATION The applicant, Raftis Tapestry, LLC, has applied for final plat approval of 19 single-family residential lots and 5 common lots on 3.92 acres of land for Tapestry Subdivision. The current zoning designation for the property proposed for subdivision is R-8. The gross density of the proposed subdivision is 4.85 dwelling units per acre; the net density is 6.74 dwelling units per acre. Tapestry Subdivision is located at 635 and 675 S. Linder Road in T. 3N., R.1 W., Section 14. This property has not been previously platted. Concurrent to the Annexation and Preliminary Plat approval, the applicant received alternative compliance approval to allow a reduction for the required 25 -foot landscape buffer along S. Linder Road. The approval allowed the applicant to construct a 10 -foot landscape buffer in the area where the existing home will remain. The existing home on the proposed Lot 2, Block 2 encroaches into the required buffer by 10 feet. The landscape buffer along the property boundary of the home shall remain a 25 -foot wide section until within 5 feet of the existing home, wherein it will angle and be reduced to 10 feet to accommodate the home. The applicant is providing an additional 70 feet buffer/common lot on the north side of the site entrance as compensation. The final plat submitted for this phase depicts one more lot than was approved on the preliminary plat for Tapestry Subdivision; however, the additional lot is a common lot for a micro -path to Peregrine Elementary school. The addition of this common lot was discussed at the preliminary plat stage. Staff believes that the proposed final plat substantially complies with the approved preliminary plat. The City Council approved the preliminary plat for Tapestry Subdivision on August 15, 2006. Staff recommends aDDroval of Tapestry Subdivision with the comments and conditions stated in this resort. SITE SPECIFIC CONDITIONS Applicant is to meet all terms of the approved preliminary plat (PP -06-026) and annexation and zoning (AZ -06-27). Comment noted FP -06-043 Tapestry Subdivision FP.docPAGE 1 r:+nina .H^ 9 CITY OF MERI—AN PLANNING AND PUBLIC WORKo DEPARTMENTS STAFF REPORT 2. The applicant has indicated that the pressurized irrigation system in this development is to be owned and operated by Nampa and Meridian Irrigation District. A letter of plan approval shall be submitted prior to scheduling of a pre -construction meeting. Plans have been submitted to NMID, and the letter of approval will be forwarded to the City. 3. Prior to plan approval the applicant shall submit signed written documentation from the School District, granting permission to install mains across their property. Matt Schultz is working with Wendall Bigham at the Meridian School District and written documentation granting permission will be forwarded to the City. he City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a single -point connection to the potable water system is used, the developer shall be responsible for the payment of assessments for the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. Our infrastructure is an extension of the Whitestone PI system. A backflow prevention device is currently in place. 5. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. Temporary construction fencing to contain debris shall be installed at the subdivision boundary where permanent fencing does not exist. Perimeter fencing shall be installed prior to release of building permits for this subdivision. Comment noted 6. The existing house shall be required to connect to City sewer and water. The applicant shall be responsible for the payment of assessments prior to signature on the final plat, and shall be responsible for the actual physical connection of the house to the services prior to certificates of occupancy being issued. Comment noted. 7. Sanitary sewer service is being proposed by mains that flow to the Landing Lift Station. The applicant shall be responsible for any upgrades to the lift station that are deemed necessary by the Public Works Department. Written approval from engineering staff shall be submitted prior to construction plan approval. Comment noted. 8. Sanitary sewer and water service to this site is being proposed via extensions of existing mains in S. Linder Road. Applicant will be responsible to construct the sewer and water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. Minimum cover over sewer mains is three -feet. If there is less than three feet from top of pipe to sub -grade then upgraded pipe materials shall be used per City of Meridian Standard Specifications. Comment noted. 9. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. Comment noted 10. Graphically depict on the face of the plat a special setback on the eastern boundary of Lot 8, Block 2 of sufficient width to ensure the Department of Environmental Quality's Best Management Practice of 20 -feet separation between building foundations and infiltration trenches. We have relocated the 20' wide trench on Lot 9. Lot 8 will have a standard 5' setback on the western boundary. 11. Revise Lot 13, Block 1 (pathway to the school) to be 15 feet wide to comply with the standards for micro -paths in UDC 11-3B-12. The revised plat will indicate a 15' wide lot. FP -06-043 Tapestry Subdivision FP.doc Fodubit "H" PAGE 2 • 0 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 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. During the preliminary plat phase the applicant received approval to not pipe the ditch along the southern boundary if the provided documentation that the ditch did not lay within their property. Their engineer submitted a stamped signed letter stating the ditch was not within the property owned by the applicant. Therefore this ditch does not need to be tiled. All ditches that lay within this development shall be tiled, plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. Comment noted 13. The Certificate of Owners is missing the call of the northern boundary of this subdivision. The applicant shall make any necessary corrections to ensure the Certificate of Owners is accurate. The Certificate of owners has been revised. 14. Revise the following plat notes on the face of the plat prepared by Marks Land Surveying and dated 8/24/06: 2. Revise to read, "... wide permanent Public Utilities irrigation and ..." 11. Add Lot 13, Block 1 and Lot 9, Block 2 as a common lot owned and maintained by the HOA. *. Add a note dedicating a 10 -foot wide public utilities, drainage, and irrigation easement centered on all interior lot lines. *. Add note, "Direct lot access to South Linder Road is prohibited." The final plat has been revised. 15. The landscape plan, prepared by Jensen Belts and dated 7/07/06, shall be revised as follows: a. The plan appears to be accurate, but it does not scale correctly. Revise the scale accordingly. b. Depict Lot 13, Block 1 and the required landscaping for micro -paths per UDC 11-3B-12 on the plan. C. Revise the proposed fencing on Lot 2, Block 1 and Lots 2 and 3, Block 2 to meet the standards in UDC 11 -3A -7C1 and UDC 11 -3A -7C2. d. Include fencing details for the proposed vinyl fencing and the existing chain link (i.e. construction materials & picture/sketch). e. Show Bayeux Street as a stub street to the south. f. Depict a 10 -foot wide gravel shoulder and lawn or other vegetative groundcover along S. Linder Road adjacent to the site, per UDC 11-3B-7C5a. g. Include planting and installation details on the plan. h. Include tree class in the plant palette. Comments have been forwarded to Jensen & Belts. Copies of the revised plan will be forwarded to the Planning Department: Submit three copies of the revised landscape plan to the Planning Department prior to signature on the final plat by the City Engineer. 16. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3B-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B- 11. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved FP -06-043 Tapestry Subdivision FP.doc Exhibit ^B^ PAGE 3 • CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT open space and still meet the standards of UDC 11-3B-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. Comment noted 17. Staff's failure to cite specific ordinance provisions or conditions of the preliminary plat does not relieve the Applicant of responsibility for compliance. Comment noted GENERAL REQUIREMENTS A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2. All development improvements, including but not limited to water, sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. 4. 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. 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. 6. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 8. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 9. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 10. Approval of the preliminary plat shall become null and void if the applicant fails to record the final plat within two years of the approval of the preliminary plat per UDC 11 -6B -7A. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen months, may be considered for final approval without resubmission for preliminary plat approval per UDC 11 -6B -7B. STAFF RECOMMENDATION FP -06-043 Tapestry Subdivision FP.doc Fxhibit Dnp PAGE 4 C; • CITY OF MERIILiAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT Staff recommends approval of the finallap t for Tapestry Subdivision (FP -06-043) with the above stated comments and conditions. FP -06-043 Tapestry Subdivision FP.doc Exhibit ^R^ PAGE 5 0 0 21 September 2006 City of Meridian City Clerk's Office William G. Berg Jr. 33 Bast Idaho Avenue - ---Meridian; ID -836 -2 RE: FP 06-043/Tapestry Subdivision Dear Will: 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651.4395 FAX # 208-463-0042 Phones: Area Code 208 OFFICE: Nampa 466.7861 SHOP: Nampa 466-0663 If all storm drainage is retained on-site there will be no impact on Nampa & Meridian Irrigation District and no further review will be required. However, if any surface drainage leaves the site, the Nampa & Meridian Irrigation District requires that a Land Use Change Application is filed for review prior to final platting. Please contact Donna Moore at 466-7861 for further information. All laterals and waste ways must be protected. The developer must comply with Idaho Code 31- 3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Sincerely, Bill Henson Asst. Water Superintendent Nampa & Meridian Irrigation District BH/dbg C: File - Office/Shop Exhibit "C" APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGIITS - 23.000 BOISE PROJECT RIGHTS • 40,000 • September 29, 2006 AZ 06-030 MERIDIAN CITY COUNCIL MEETING October 3, 2006 APPLICANT Gemstar Development, LLC ITEM NO. 9 REQUEST Public Hearing - Request for Annexation and Zoning of 8.03 acres to an R-8 zone for Northborough Subdivision -- north of W. Ustick Road and East of N. Linder Road: AGENCY COMMENTS CITY CLERK: See P & Z Item Packet / P & Z 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: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 11 September 29, 2006 PP 06-030 MERIDIAN CITY COUNCIL MEETING October 3, 2006 APPLICANT Gemstar Development, LLC ITEM NO. 10 REQUEST Public Hearing - Request for Preliminary Plat approval of 35 residential lots and 4 common lots on 8.03 acres in a proposed R-8 zone for Northborough Subdivision -- North of W. Ustick Road and East of N. 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 P & Z Item Packet / P & Z Minutes See Attached Recommendations Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. September 29, 2006 AZ 06-035 MERIDIAN CITY COUNCIL MEETING October 3, 2006 APPLICANT The Regency at River Valley, LLC ITEM NO. 11 REQUEST Public Hearing - Request for Annexation and Zoning of 12.06 acres to C -C and R-40 zones for Regency at River Valley -- East of Eagle Road, North of Fairview Ave. 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 P & Z Item Packet / P & Z Minutes See Attached Recommendations See attached Comments Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. September 29, 2006 CUP 06-022 MERIDIAN CITY COUNCIL MEETING October 3, 2006 APPLICANT The Regency at River Valley, LLC ITEM NO. 12 REQUEST Public Hearing - Request for CUP approval to construct a multi -family Development consisting of 204 m -f dwelling units on 12.06 acres in a proposed R-40 zone for Regency at River Valley -- East of Eagle Road, North of Fairview Ave. 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 P & Z Item Packet / P & Z Minutes See Attached Recommendations See attached Comments Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. September 29, 2006 VAR 06-014 MERIDIAN CITY COUNCIL MEETING October 3, 2006 APPLICANT The Regency at River Valley, LLC ITEM NO. 13 REQUEST Public Hearing - Variance request to UDC 11 -3 -C -6A to provide less than 2 covered parking stalls for each multi -family dwelling unit for Regency @ River Valley - east of Eagle Road and north of Fairview Avenue AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: No Comments CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: See attached Comments 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 • September 29, 2006 VAR 06-015 MERIDIAN CITY COUNCIL MEETING October 3, 2006 APPLICANT The Regency at River Valley, LLC ITEM NO. 14 REQUEST Public Hearing - Variance to UDC 11-4.3.2763 to provide less than 80 square feet of private, usable open space for each multi -family dwelling unit for Regency at River Valley - east of Eagle Road & north of Fairview Avenue AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Staff Comments CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: See attached Comments SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. September 29, 2006 VAR 06-016 MERIDIAN CITY COUNCIL MEETING October 3, 2006 APPLICANT The Regency at River Valley, LLC ITEM NO. 15 REQUEST Public Hearing - Variance to UDC 11-3H-4132 to construct a vehicular access to a state highway at a location other than a section line road or the half mile mark between sections for Regency @ River Valley - e/o Eagle Road and n/o Fairview Avenue AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: See attached Comments ADA COUNTY HIGHWAY DISTRICT: See attached Comments SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. September 29, 2006 AZ 06-009 MERIDIAN CITY COUNCIL MEETING October 3, 2006 APPLICANT Centennial Development, LLC ITEM NO. 16 REQUEST Ordinance No. -- Request for Annexation and Zoning of 19.57 acres from RUT to R-8 zone for Cedarcreek Subdivision -- 470 West McMillan Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See Attached Ordinance CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 • ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 ! BOISE IDAHO 11/22106 08:29 AM DEPUTY Bennie OberbilUB III I'I�'II'JI�I'�"i1iIlI,II�I'III III RECORDED -REQUEST OF i�61$31$� 11 Meridian City CITY OF MERIDIAN AMENDING ORDINANCE NO. 06-1266 A BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE AN AMENDED ORDINANCE (AZ -06-009 CEDARCREEK SUBDIVISION) FOR ANNEXATION OF PROPERTY LOCATED IN A PORTION OF THE SOUTH OF THE SE V4 OF SECTION 25, 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 LIMJTS 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 COMIVIISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUAU ARY 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: Liberty 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 -06-009 CEDARCREEK SUBDIVISION Page 1 of 3 0 SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION S. 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 ��,1yG� , 2006. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this le --day of !lf ®V;61y✓44-%. , 2006. 1 ANNEXATION OF AZ -06-009 CEDARCREEK SUBDIVISION Page 2 of 3 � ti'iy1 ✓i" ATTEST: 7► NC WILLIAM G. BERG, JR., CITY CLER`f�y'�' r t�� • �� " i� " "l I l l STATE OF IDAHO, ) : ) ss. County of Ada ) On this W'day of Nbjf- 6r -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. (SEAL) m 01. A RA 4(y TARY PUBLIC -FOR IDAHO RESIDING AT: il I di onj. 11D MY COMMISSIO EXPIRES:) - I 1-1/ ANNEXATION OF AZ -06-009 CEDARCREEK SUBDIVISION Page 3 of 3 Parcel 1 Boundary Description Liberty Development Property A parcel located in the S 1/2 of the SW 1/4 of the SE 1/4 of Section 25, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monument marking the southwest corner of said S 1/z of the SW 1/4 of the Sk 1/4 (1/4 Corner), from which a 5/8 inch diameter iron pin marking the southeast corner of said S 1/2 of the SW 1/4 of the SE 1/4 bears S 89054'20" E a distance of 1340.90 feet; Thence S 89054'20" E along the southerly boundary of said S 1/2 of the SW 1/4 of the SE 1/4a distance of 200.20 feet to a 5/8 inch diameter iron pin and the POINT OF BEGINNING; Thence leaving said southerly boundary N 0°05'40" E a distance of 320.40 feet to a 5/8 inch diameter iron pin; Thence N 89°54'20" W a distance of 200.20 feet to a 5/8 inch diameter iron pin on the westerly boundary of said S 1/2 of the SW 1/4 of the SE 1/4; Thence N 0005'40" E along said westerly boundary a distance of 339.64 feet to a 5/8 inch diameter iron pin marking the northwest corner of said S 1/2 of the SW 1/4 of the SE 1/4; Thence S 89054'17" E along the northerly boundary of said S 1/2 of the SW 1/4 of the SE 1/4a distance of 1339.99 feet to a 5/8 inch diameter iron pin marking the northeast corner of said S 1/2 of the SW 1/4 of the SE 1/4; Thence S 0 000'55" W along the easterly boundary of said S 1/2 of the SW 1/4 of the SE 1/4a distance of 660.02 feet to a 5/8 inch diameter iron pin marking the southeast corner of said S 1/2 of the SW 1/4 of the SE 1/4; Thence N 891*54'20" W along the southerly boundary of said S 1/2 of the SW 1/4 of the SE 1/4a distance of 1140.70 feet to the POINT OF BEGINNING. This parcel contains 18.84 acres and is subject to any easements existing or in use Clinton W. Hansen, PLS Land Solutions, PC Revised -- May 23, 2006 BY �ROVAL MERIDIAN PUBLIC WORKS DEPT. "°f lolutions gena art"" am Comm" Liberty Development/Reiterman LLA Job No. 04-43 am NNORM w _ Osl7lINRN _ _ .BYI'LWY 9 September 29, 2006 MERIDIAN CITY COUNCIL MEETING October 3, 2006 APPLICANT ITEM NO. 17 REQUEST Executive Session per Idaho State Code 67-2345(1)(a)&(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: Emailed: COMMENTS Date: Phone: Staff Initials: Materials presented at public meetings shah become property of the city of Meridian.