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HomeMy WebLinkAbout2006-11-28~I ~e '~os~~l Pca.b~i c P1 ci~cct -"(h4..~~, Tuesday, November 28, 2006 at 7:00 p.m. ~...~. ~~~-a F= ~~~ ~'' CITY OF r x` , ~_%'1 ~L r~Y1G~ll 77 ~ ~'y ~ 1DAH0 ` yF ~Efi ~ TREASURE V N~~ t~ `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 4. Adoption of the Agenda: 5. Consent Agenda: A. Addendum to Development Agreement: MI 06-008 Request for a Miscellaneous application to amend the previously approved Development Agreement (AZ 03-025) by removing a provision requiring all future development to be subject to a site specific Conditional Use Permit or a Planned Unit Development for the entire property for Blue Marlin by W.H. Moore Company - Northwest Comer of Ustick Road and Eagle Road: B. Contract Agreement for Consulting Services for a Classification and Comaensation Project between the City of Meridian and BDPA, Inc.: City Council Chambers 33 East Idaho Avenue, Meridian, Idaho CITY COUNCIL REGULAR MEETING AGENDA Meridian City Council Meeting Agenda -November 28, 2006 Page 1 of 3 Ali materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 6. Department Reports: A. Mayor's Office 1. Recognition of Meridian's Recommendation for the Brightest Star Awards: 2. Discussion of Impact Fee Committee Make Up: 7. Items Moved from Consent Agenda: 8. Tabled from November 8, 2006: FP 06-046 Request for Final Plat approval of 85 single-family residential building lots and 8 common lots on 19.57 acres in an R-8 zone for Cedarcreek Subdivision by Liberty Development, Inc. -near the Northwest Comer of West McMillan Road and North Meridian Road: 9. Continued Public Hearing from November 21, 2006: AZ 06-042 Request for Annexation and Zoning of 20.18 acres from RUT to an R-8 zone for Cottswold Village Subdivision by Cherie A. Dalton Living Trust - 2180 East Amity Road: 10. Continued Public Hearing from November 21, 2006: PP 06-044 Request for Preliminary Plat approval of 62 residential lots and 9 common lots on 20.18 acres in a proposed R-8 zone for Cottswold Village Subdivision by Cherie A. Dalton Living Trust - 2180 East Amity Road: 11. Continued Public Hearing from November 21, 2006: AZ 06-044 Request for Annexation and Zoning of 19 acres from RUT to an R-4 zone for Whitebark Subdivision by Dan Wood - 2135 East Amity Road: 12. Continued Public Hearing from November 21, 2006: PP 06-046 Request for Preliminary Plat approval of 48 residential lots and 8 common lots on 19 acres in a proposed R-4 zone for Whitebark Subdivision by Dan Wood - 2135 East Amity Road: 13. Public Hearing: RZ 06-010 Request for a Rezone of 2.20 acres from I-L to a C-G zone for Lanark Proaerty by Ron Van Auker -Northwest Comer of Eagle Road and Lanark Street (Lots 1 & 2, Block 1 of Olson & Bush Industrial Park: 14. Public Hearing: CUP 06-031 Request for a Conditional Use Permit for lighted fields adjoining a residential district for Heritage Middle School by Joint School District No. 2 - 4990 North Meridian Road: Meridian City Council Meeting Agenda -November 28, 2006 Page 2 of 3 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. 15. Public Hearing: VAR 06-021 Request for a Variance from UDC 11-3A- 11 C3 to install light fixtures with exposed bulbs for the ball fields for Heritage Middle School by Joint School District No. 2 - 4990 North Meridian Road: 16 Ordinance No. Ordinance: U-Turn Prohibition 17. 18. Ordinance No. Ordinance• Fire Code Amendment Ordinance No. Ordinance Creating Meridian Arts Commission: Meridian City Council Meeting Agenda -November 28, 2006 Page 3 of 3 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. • s J.:~ r~~P~' ~~ Y ~~ r = ~j~ ciTV of !~ ~~. ~'L =_ C~%~~eri~i~-n ~ ~°Y, IDAHO ~ ~i F '"~ c ~ Triensuae V ^~ s~xee ,~ CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, November 28, 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 k Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: ~ohs1~F ~~~'~ 3. Community Invocation by ~an~e« Ta~~°~ w~~ C~~'~'J ~"`~ Ch~~`~~ia'~' G~tiw-.~ 4. Adoption of the Agenda: ~~N^' 5. Consent Agenda: A. Addendum to Development Agreement: MI 06-008 Request for a Miscellaneous application to amend the previously approved Development Agreement (AZ 03-025) by removing a provision requiring all future development to be subject to a site specific Conditional Use Permit or a Planned Unit Development for the entire property for Blue Marlin by W.H. Moore Company - Northwest Comer of Ustick Road and Eagle Road: ti~~~ B. Contract Agreement for Consulting Services for a Classification and Compensation Proiect between the City of Meridian and BDPA, Inc.: A~,,~.h,.„~ Meridian City Council Meeting Agenda -November 28, 2006 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 6. Department Reports: A. Mayor's Office 1. Recognition of Meridian's Recommendation for the Brightest Star Awards: /lCi~'k. f3iY'd. ~~:fa~ 2. Discussion of Impact Fee Committee Make Up: 7. Items Moved from Consent Agenda: hay+-~- 8. Tabled from November 8, 2006: FP 06-046 Request for Final Plat approval of 85 single-family residential building lots and 8 common lots on 19.57 acres in an R-8 zone for Cedarcreek Subdivision by Liberty Development, Inc. -near the Northwest Comer of West McMillan Road and North Meridian Road: ~r~vc 9. Continued Public Hearing from November 21, 2006: AZ 06-042 Request for Annexation and Zoning of 20.18 acres from RUT to an R-8 zone for Cottswold Village Subdivision by Cherie A. Dalton Living Trust - 2180 East Amity Road: p,.s~A.,~ ,G<~' f ~~,~ ~,-Y- ~v~~t• 10. Continued Public Hearing from November 21, 2006: PP 06-044 Request for Preliminary Plat approval of 62 residential lots and 9 common lots on 20.18 acres in a proposed R-8 zone for Cottswold Village Subdivision by Cherie A. Dalton Living Trust - 2180 East Amity Road: 11. Continued Public Hearing from November 21, 2006: AZ 06-044 Request for Annexation and Zoning of 19 acres from RUT to an R-4 zone for Whitebark Subdivision by Dan Wood - 2135 East Amity Road: 12. Continued Public Hearing from November 21, 2006: PP 06-046 Request for Preliminary Plat approval of 48 residential lots and 8 common lots on 19 acres in a proposed R-4 zone for Whitebark Subdivision by Dan Wood - 2135 East Amity Road: ~rr~~~ .~/~.~ e%~ ~- st~~y/-rva.~ 13. Public Hearing: RZ 06-010 Request for a Rezone of 2.20 acres from I-L to a C-G zone for Lanark Prouerty by Ron Van Auker -Northwest Comer of Eagle Road and Lanark Street (Lots 1 & 2, Block 1 of Olson & Bush Industrial Park: ~~, Gwc, ~'l~. ~ G ~,(~ ~~+~/•~,~ 14. Public Hearing: CUP 06-031 Request for a Conditional Use Permit for lighted fields adjoining a residential district for Heritage Middle School by Joint School District No. 2 - 4990 North Meridian Road: Meridian City Council Meeting Agenda -November 28, 2006 Page 2 of 3 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. ~ ~ 15. Public Hearing: VAR 06-021 Request for a Variance from UDC 11-3A- 11 C3 to install light fixtures with exposed bulbs for the ball fields for Heritage Middle School by Joint School District No. 2 - 4990 North Meridian Road: ~,~...~ ~/~'.i c%l ~.. ~.~.e~ 16 Ordinance No. ~6~/Z~S U-Turn Prohibition Ordinance: ~~.~.,,,~,~ 17. Ordinance No. ~~-~~7~ Fire Code Amendment Ordinance• G~~rovK._ 18. Ordinance No. ~b - IZSD Ordinance Creating Meridian Arts Commission: G'7~J,,~vvY ~J cL ~ d~~~~G ~ ~: ~~~~ Meridian City Council Meeting Agenda -November 28, 2006 Page 3 of 3 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. • • Meridian City Council Meeting November 28, 2006 A meeting of the Meridian City Council was called to order at 7:00 P.M., Tuesday, November 28, 2006, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Shaun Wardle, Keith Bird, Joe Borton, and Charlie Rountree. Others Present: Bill Nary, Will Berg, Anna Canning, Len Grady, Ron Anderson, Gene Trakel, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X Shaun Wardle X Charlie Rountree X X Joe Borton X Keith Bird Mayor Tammy de Weerd De Weerd: Okay. Good evening. I will go ahead and call our meeting this evening to order. It is Tuesday, November 28th, for the record. It's also 7:00 p.m. I'd like to welcome you all here tonight. We will start tonight's meeting with roll call attendance. Mr. Berg. Item 2: Pledge of Allegiance: De Weerd: Tonight we will be led in the pledge of allegiance by Conner Bird. If you will all rise and join us in the pledge. (Pledge of allegiance recited.) Item 3: Community Invocation by Darrell Taylor, Cherry Lane Christian Church. De Weerd: Thank you, Conner. Grandpa always does that to you I'm sure. Okay. Item No. 3 is our community invocation. Tonight we will be led by Pastor Darrell Taylor with the Cherry Lane Christian Church. If you will all join us in the community invocation or take this as a moment of silence. Taylor: Heavenly Father, we are just truly thankful for this time that we can come together and, Father, I just thank you for the men and women that are gathered here that want to make Meridian a great place to live and work and retire and just raise kids. Father, we ask that you will just give them the wisdom and the strength needed to make the tough decisions and, Father, just may we just give you the glory and honor for what you're doing here tonight and ask this is Jesus' name, amen. De Weerd: Pastor Taylor, I would like to present you with a City of Meridian pin. Meridian City Council November 28, 2006 Page 2 of 48 Taylor: Well, thank you. De Weerd: Thank you for leading us tonight. Item 4: Adoption of the Agenda: De Weerd: Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We have on -- Items 16, 17 and 18 are ordinances, which are numbered 06-1278, 06-1279, and 06-1280. We have no deletions or additions and 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 carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Addendum to Development Agreement: MI 06-008 Request for a Miscellaneous application to amend the previously approved Development Agreement (AZ 03-025) by removing a provision requiring all future development to be subject to a site specific Conditional Use Permit or a Planned Unit Development for the entire property for Blue Marlin by W.H. Moore Company - Northwest Corner of Ustick Road and Eagle Road: B. Contract Agreement for Consulting Services for a Classification and Comaensation Project between the City of Meridian and BDPA. Inc.: De Weerd: Item 5. Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the Consent Agenda as published and for the Mayor to sign and the Clerk to attest on all papers. Meridian City Council November 28, 2006 Page 3 of 48 Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the Consent Agenda. If there is no discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Mayor's Office 1. Recognition of Meridian's Recommendation for the Brightest Star Awards: De Weerd: Okay. Council, tonight I have the honor to recognize our Brightest Star award winners. The Brightest Star awards were established in 2001 by Governor Kempthorn in partnership with the governor's coordinating council for families and children, as well as the Association of Idaho Cities. This award program recognizes our community's unsung heroes who work on behalf of families and children in bettering their opportunities in our communities. These awards are also meant to encourage and affirm active volunteerism by citizens of all ages. Idaho's 2006 Brightest Stars come from communities in every part of the state, including our city. They represent all walks of life and stand as examples to all of us as selfless service and dedication to making Idaho the best place to live. Brightest Stars personally invest their time and resources to make a positive difference in the lives of families and children. They strengthen our communities and in doing so strengthen our state. Tonight I'm proud to introduce you to two of Meridian's Brightest Stars, one individual and one local business. Both will be recognized by Governor Risch and First Lady in a ceremony at the capital building and Grove Hotel next Thursday evening. And let me go down to the mike and I will tell you a little bit about them. And, first, I would ask Councilman Bird to, please, come down and join me and I know that his family is here this evening. If they would come up and join me as well, stand with their dad. Keith Bird is our award winner in the individual category and I know that the people that sit behind Keith know exactly who he is and what he's all about and he's had a heart for Meridian for many years, 40 years to be exact, of community service to the City of Meridian and he has touched people from nearly all walks of life. It is his passionate dedication to the youth of Meridian that is most noteworthy. Nearly every child who has participated in organized sports or youth activities in Meridian owes a debt of gratitude to Keith Bird and I know he would say it's not just him, but he has been a tireless moving force behind it and he's motivated and inspired by the kids that he has helped. He's been a tireless advocate for instilling the values of leadership, teamwork, good sportsmanship, fairness and fitness through athletic opportunities for Meridian youth of all ages and abilities. Keith has been a champion for the success and enrichment of the youth of Meridian, whether through it's Meridian City Council November 28, 2006 Page 4 of 48 creation of youth athletic programs or his service to worthwhile civic projects, clubs and programs, Keith inspires leadership, integrity, and selflessness in all he does as a husband, father, coach, civic volunteer and community hero. Keith Bird has motivated thousands of youngsters and adults to do more and be more than they ever thought they could be. I can tell you I'm very honored to serve with him and he's served with a huge heart. So, Keith, I would like to present you this certificate. It says in recognition of your personal investment of time and resources to make a positive difference in the lives of Idaho's children and families, your tireless work on behalf of our community encourages and affirms active participation by citizens of all ages and sets a shinning example for us all. Bird: Thank you. This is a real honor. I have been a very fortunate man to receive a lot of honors and this has got to be one of the tops, if not the top. The greatest reward I get is when I see all these young people like Will and my own son and stuff participating in the programs that I helped coach them through or helped get them developed. I'm awful proud of -- this year, as you all know, we put a turf field in out at Meridian High and I guess I must have passed something off to my son, because he was the leader that went out and raised the 300,000 dollars to get the turf field in. So, I'm proud of that, I'm proud of all the kids. I can't -- you can't do enough for the youth. They are the ones that are going to lead us. There isn't a bad youth. Some of them make maybe not the right decisions, but I'm 65 years old and I don't always make the right decisions. Anyway, thank you very much and I appreciate it. De Weerd: Thank you for joining us tonight. If Tony and Becka and their employees will also come up. Our small business winners are Heritage Auto Repair. Can I get you to stand over on this side, you won't have the equipment in your way. And we are here to honor Heritage Auto Repair. He is a familiar -- Tony and Becka are familiar faces, anyway, to me. Tony serves on one of our city committees and it's probably one of those thankless ones, the Traffic Safety Commission, and I know Becka through the chamber committee that we both serve on as well. Heritage Auto Repair, owned by Tony and Becka Sanders represents the ideal blend of entrepreneurial spirit and community involvement. The Heritage Auto staff regularly shares time, expertise, and attention with those who need it most, whether providing cars to families without transportation, mentoring vo tech students at their work site, or offering free oil changes to single mothers and veterans, this small company and its employees quietly contribute to the betterment of our community in a myriad of ways. This business entrepreneurial spirit and heart for the community set a glowing example for other small family-owned businesses in our community, especially in a time when it's increasingly difficult for small businesses to compete with larger national chain stores. Tony and Becka are also personal inspirations. Despite parenting four young children and participating in school, church, and civic activities, they still make time for others, regardless of personal sacrifices they may have to make. Their willingness to serve others despite their demands as parents and business owners inspires others in our community, customers, employees, other small businesses to follow their glowing example and after Tony and Becka got the letter from my office, they came in to thank me. Actually, I should have been thanking them. But they gave a very good recommendation and Meridian City Council November 28, 2006 Page 5 of 48 • compliment to their employees. Tony says sometimes he has these harebrained ideas and Becka always supports him on that, but also the employees step up and they do these things on their time. So, great examples they have and we are very honored to have you as a small business in our community and just a token of our appreciation. We'd like to give that to you and thank you. Sanders: Thank you very much. I would like ever so briefly to thank, as Mayor de Weerd so graciously made comment, of the employees that I have surrounded myself with who have allowed me to really pursue the vision that I have to serve and I'm going to get all choked up. This guy over here, Rob, has been with me for four years now, I believe, a little over four years. He's a veteran. He's served with me for these four years, he's a veteran in his field, he's a veteran from the military and since we started doing the free oil change for veterans, he has faithfully been the leader of the employees to volunteer his time and just more pour himself out and Ijust -- men like him and, you know, men like Councilman Bird here, are an example to me and Ihave alot -- big shoes to fill. So, I'd like to thank Mayor de Weerd and the City of Meridian for honoring us for this unexpected blessing and, you know, certainly my wife is the strength that allows us to continue on and do the things that we do. Thank you. De Weerd: Okay. That ceremony is next Thursday and they will have a ceremony to recognize the Brightest Stars of Idaho and I do know that united -- or Heritage Auto has been one of the top three. We don't know who the top one is, but they have been recognized as one of the top in our state. So, congratulations, we look forward to recognizing you both again next week. Okay. And, Tony, you guys don't have to stay. Councilman Berg, however, does. Rountree: Not necessarily. Bird: Not necessarily. We have got a quorum. 2. Discussion of Impact Fee Committee Make Up: De Weerd: Okay. Item number two is discussion regarding our impact fee committee make up. Per the action of City Council in adopting our impact fees, we have added two additional ones, and those are for the police and fire. So, it gave us reason to also look at our impact fee committee to maybe look at the make up and see if we need a different blend that would also bring some expertise from our citizen base on police and fire as well. There is just a requirement on the representation and (believe -- and I didn't print off the memo that our city attorney so appropriately prepared, but I believe that we are required to have one or two members of our development community -- two members to represent their interest. Currently we have seven members and six of them are from the development community. So, I guess I would ask for our Council's direction in re-appropriating some of our representatives to give a better balance to have a citizen's perspective on it, to have someone with the perspective on parks, fire, and police and give us a better balance on our committee. Meridian City Council November 28, 2006 Page 6 of 48 Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: Just a couple more, Council members. The state code and our ordinance requires that there be at least five members of the impact fee committee. Two of the members shall be active in the business development, building, or real estate, as Madam Mayor stated. Most of the members currently -- not bad. I see Mr. Wood out in the audience. But they are very heavily involved in the development business. Because we have added the impact fees for police and fire, it probably would be more appropriate to have members of the committee that have some background or experience or some desire to sort of look at that avenue or at those types of fees and how those -- how the fees are created and what they are for as well. The staff that's -- the city staff provides support both from police and fire, the planning department, the building department, the parks department. Currently, the parks director has been the fee administrator. It would be our recommendation from the department that we probably move that now, since we have all these different impact fees for the city, that move into the finance department and they would be the ones to manage that as the administrator of the funds. But I think it would make more sense, because of the diversity -- other cities have struggled with this. Mr. Baird told me he had had some contact with another city last week and they have had some problems in trying to administer their program because of the diversity of fees and they were even contemplating making a second committee. Well, the state law doesn't give authority to create another committee. So, the one committee is all you can do, so it would make more sense to make the diversity on the committee itself and it doesn't have a limit on the number of members, just the minimum is five, but as we have all seen, I think seven to nine is a probably more workable number from a working committee standpoint and it also doesn't end up with a lot of quorum issues. Sometimes if a committee gets too large we sometimes have quorum problems, because they are required to meet the public meeting requirements and the quorum can be a significant problem on occasion if the committee is too big. De Weerd: Council, I know we asked for a pretty large time commitment to the committee that brought the recommendation this last fall in that we revamped a lot of things, worked through a lot of issues that really needed some in depth discussion and, really, was helped with the consultant that we hired. So, I would anticipate that we have streamlined, per se, a lot of that process, but we did commit to Council that this would be an annual review and so there would be probably a period of time each year over maybe a two month period that they would need to meet to keep our fees current and, not only that, but look at our capital improvement plan and make sure it still makes sense, because there are changes that happen and we want to make sure that what we do have on that ten year capital improvement plan remains realistic. So, I just wanted to first have discussion, get your ideas, and seek your feedback. Mr. Wardle. Wardle: Madam Mayor, two thoughts. Certainly, I agree that we need to expand the committee to incorporate some individuals that have an interest in the police • Meridian City Council November 28, 2006 Page 7 of 48 department, fire department, and public safety. The one question I have on that note is how do you define such an interest in -- in either of those entities? And, then, the second is that in looking to citizens that have shown an interest in that, we recently had a graduation from the academy, I would assume that those people might be willing to serve as a place to start, so -- De Weerd: And thank you, Councilman Wardle, and I would agree, they have indicated interest. They, actually, have formed an alumni association -- I'm sure it's not similar to yours, but that they are very interested in being involved in any way they can and they would be a great pool of interest to approach in that regard. And we do get citizens that indicate an interest and desire to get involved in some way. This would give another opportunity. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I would agree on expanding at least to nine and getting some different -- you know, get the views on from the other. That's something I believe you could bring back to us with the right names and stuff. I also would like to see the committee, like you say, that for a couple of months, like say April, May meet heavy and, then, come back in the first of June and let us know what the results of the impact fee is, so we know -- so we know before going into budget in July whether there is going to be changes or need to be changes. So, I would make sure that whoever we appoint to that, as we expand it, that would understand that those two months could be quite busy on the impact fee, but we -- I think that we as a Council need -- and the Mayor need to make sure that we have all that information by the first of June, so we can do right by the impact fees. De Weerd: Council -- and just to assure that Mr. Wood has not lost his opportunity, because this does not excuse you, it's just expanding and removing two of our designated seats. We did have a designated seat for our parks commissioner and a planning and zoning commissioner and because of the broadening of the impact fee, we will replace those with citizens at large. So, it would be those two seats and the two additional seats. So, we would be looking for four new members, because we certainly want to retain that institutional knowledge that some of these members bring with them. Any -- Rountree: I have nothing to add. I think the questions I had were asked and answered. I agree. Let's move forward. Bird: Let's move forward with it. De Weerd: Okay. Thank you very much. I will bring this back in front of you. Item 7: Items Moved from Consent Agenda: Meridian City Council November 28, 2006 Page 8 of 48 De Weerd: Okay. There were no items moved from the Consent Agenda. Item 8: Tabled from November 8, 2006: FP 06-046 Request for Final Plat approval of :85 single-family residential building lots and 8 common lots on 19.57 acres in an R-8 zone for Cedarcreek Subdivision by Liberty Development, Inc. -near the Northwest Corner of West McMillan Road and North Meridian Road: De Weerd: So, Item 8 tabled -- and I didn't look at Anna's thing. Is there any need to continue this or table it? Bird: It's fine. Canning: No, ma'am. We have a letter from the applicant stating they are in agreement with the conditions of approval and to our knowledge there are no outstanding issues before Council. De Weerd: Okay. Thank you, Anna. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move we approve FP 06-046 for Cedarcreek Subdivision. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve Item 8. Is there any discussion? If not. Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 9: Continued Public Hearing from November 21, 2006: AZ 06-042 Request for Annexation and Zoning of 20.18 acres from RUT to an R-8 zone for Cottswold Village Subdivision by Cherie A. Dalton Living Trust - 2180 East Amity Road: Item 10: Continued Public Hearing from November 21, 2006: PP 06-044 Request for Preliminary Plat approval of 62 residential lots and 9 common lots on 20.18 acres in a proposed R-8 zone for Cottswold Village Subdivision by Cherie A. Dalton Living Trust - 2180 East Amity Road: De Weerd: Items 9 and 10, I don't see any notes on that, we are actually going to hear this? • Meridian City Council November 28, 2006 Page 9 of 48 Canning: Yes, ma'am, we are. De Weerd: Okay. I will open these two public hearings on AZ 06-042 and PP 06-044 with staff comments. Canning: Madam Mayor, Members of the Council, this is the Cottswold project. It is located on the north side of Amity Road, approximately a quarter mile east of Locust Grove Road. You can see it there in the blue outline. This project includes applications for annexation and zoning and preliminary plat approval. The gross residential density is 3.07 units per acre. Much of the surrounding property, as you can note, has been preliminary platted, but very few final plats at this time. There is the surrounding property. And this is the plat. The plat includes 62 single family residential lots and nine common lots. The lot sizes range from approximately 7,750 square feet to 15,000 square feet. The subdivision will provide a large central common area space and you can see that better on the -- there you go. On the landscape plan. And with a gazebo. They also have parkways along the streets and the applicant has provided 2.07 acres or 10.2 percent of the site in landscaped open space. On the proposed density does not strictly comply with the Comprehensive Plan for the site, which designates this area as low density residential. The applicant is requesting a step up in the designation to medium density residential. The site was also part of the Comprehensive Plan amendment for the southern area that you recently approved. Their original request, again, was for medium density residential, but the amendment that you approved was, again, for low density residential. But they do have that ability to request a step up. Admittedly, it's a very small step up, it's 3.07 units per acre. But as you may have noted in my description of the lot sizes, they are very close. Even though they are asking for R-8 zoning, they are very close to the R-4 zoning standards. The smallest lot is now 7,750 square feet. Staff has recommended a development agreement. Some of the out-of-the-ordinary provisions of that development agreement would be that only detached single family homes and allowed accessory uses of the R-4 zone be allowed. So, again, even though it's R-8 zoning, the development agreement references the R-4 zone. That a maximum of 62 units be constructed on the site and, then, they have some restrictions regarding fire until they have a second access. The development agreement also includes a provision that the five foot sidewalks and 25 foot landscape buffer be constructed along Amity Road prior to occupancy of any new dwelling units. The Planning and Zoning Commission did recommend approval at their September 21st, 2006, Public Hearing. Kent Brown, the applicant, and Cherie Dalton, the property owner, spoke in favor of the application. No one spoke in opposition. John Huffman commented. The key issues of discussion by the Commission were micropath fencing up along toward the northern area of the site, and the applicant's request for an R-8 medium density residential zoning district where the Comprehensive Plan designates the area as low density residential, as I mentioned before. The key Commission changes to staffs recommendation -- they did recommend approval of the applicant's request for an R-8 zoning district and dimensional standards of the R-8 zone. So, they did approve the R-8 zone -- or have recommend that forward to you. The outstanding issues for City Council -- Council still may want to consider whether an R-4 zoning • • Meridian City Council November Z8, 2006 Page 10 of 48 would be appropriate and to have the applicant amend the plat accordingly. The only written testimony we have received are various requests for continuation from the owner of the property. With that I will answer any questions you may have. De Weerd: Anna, can you tell me what are the designations for zoning that surrounds it? Canning: To the west is R-4. The ones to north are primarily R-8. And that area -- this is also R-8, but this is zoned as low density in the Comprehensive Plan as well. believe the project overall -- it was a much larger project, as you may recall, and the project overall probably met the density requirement. Mr. Brown was the applicant on that one, too, and he can let you know if they received a step up in density. I cannot recall. But I'm sure he will address that in his comments De Weerd: Okay. Any questions, Council? Rountree: I have none at this point. Bird: None at this time. De Weerd: Okay. Mr. Brown. Brown: Grateful to finally be here. Kent Brown, 1500 East Iron Eagle, Eagle, Idaho, is my business address. Anna's basically covered everything. We are asking for approval. As you look at the site overall, there is just a few lots here on the easterly side that are at the most 224 square feet smaller than the -- that would be allowed in the R-4 zone. There is a couple lots here that are -- one's 28 square feet and one's eight square feet smaller than the -- what would be allowed in the R-4 zone. It's a minor change, but as drawn we do have some different lot sizes that maybe some of our other neighbors -- our firm has done the development to the west and those are 8,000 square foot right on lots. They don't have any different lot depths in this area right here along the main entrance. Those lots are like 140 foot deep. That's something that having this a little bit allows us to do. We have some 120 foot deep lots up here in the upper end. Can we comply with the R-4? Yes, we can. I think that that's been staffs take on it. The comments from the Planning and Zoning Commission was that if they were going to allow a bump up, this is so minor that it wasn't that big a deal. We are here tonight to be approved and intend on being improved and would prefer to leave the plat as drawn and as recommended by the Planning and Zoning Commission. I'd stand for any questions. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council November 28, 2006 Page 11 of 48 Bird: Kent, out of that how many -- how many of those lots -- I know a depth and everything and your square footage is coming, but how many of them are 80 foot wide, like an R-4 requires? The frontage. Canning: R-4 only requires 60, sir. Bird: I beg your pardon? Canning: R-4 only requires 60 feet. Bird: It used to be 80. Sixty. How many of them are 60? Not all of them. Brown: There is not very many that are 60, sir. I think that these are like our narrowest lots and they are the 140 to -- forty deep. Bird: You got some frontage up there -- I can see one, two, three, four, five, six -- seven that I would be real -- Canning: Madam Mayor? De Weerd: Yes, Anna. Canning: We are looking at the plat, just to help the applicant out a little bit. The only place that we are seeing less than 60 feet is generally on the 90 degree turns where we allow them to go down to 30 and on the cul-de-sac, which is similarly allowed to go below. So, that they would appear to meet the frontage requirements of the R-4. Bird: The inside ones and everything hit the 60. I'm sorry, I thought we still had 80 on the R-4s. Canning: No. Brown: If you would look at the overall -- the vicinity map again, Anna. I guess I still have a contention that even though you have made this adjustment to your Comprehensive Plan, when we asked for this initially, that this was a medium density and we understood that we could ask for a bump up. What our thoughts were and our attempt to try to do this is that along Amity Road I still feel firmly that you're going to have higher densities, that this property that's left out here to the east of us, that because of how that's segregated by the Ten Mile Creek, that that area should maybe have a higher density and that I think we discussed this when we were looking at that Comprehensive Plan, that this should also have some higher density, including some kind of commercial use, like a grocery store. What we have tried to do is we have much smaller lots to the north of us. We have tried to match what was kind of proposed here to the west of us, but, at the same time, transition -- I mean realistically overall it's ten lots, I could make the adjustment to the ten lots and make Anna happy, but overall I -- s • Meridian City Council November 28, 2006 Page 12 of 48 Bird: You did a great job on the west side of matching up to the east side of the existing plat, so I have nothing wrong with that. I was just -- I was -- I thought we were still at 80. I apologize. That was my -- Brown: Is there any other questions? De Weerd: I do. The road infrastructure in that area is -- is extremely challenged and it becomes more so all the time. Right now concurrent with our area -- or our Comprehensive Plan activities I know that Ada County Highway District is doing a planning exercise on the road, similar to what we asked in north Meridian is for donated right of way or -- and that that be dedicated. Is that something that is going to happen here? Have you considered it? Brown: About dedicating the right of way? De Weerd: Donating that right of way for the road expansion. Brown: I guess that's never come up before and it's -- De Weerd: Well, you can almost count on it, anyway, asking the question. We are in a serious situation where these roads aren't even on the five year plan and we are going to be sticking density out there -- we need to find some solutions in getting those corridors preserved and figuring out a way that we can get those roads built and all we can do is look to our development community and seek their assistance in getting something to happen and that's just me. I'm the tie breaker, so I don't have too much going for me on this end, but that is my concern, is we have some infrastructure needs in that area and we need to start figuring out a way to address it. Brown: I haven't discussed that with my client. I didn't see her here tonight, but -- Canning: She's here. Keep on turning -- there you go. Brown: You can ask her, I guess. You can ask Cherie -- De Weerd: Okay. Brown: -- if she's willing to donate that property for the right of way. There is an existing 50, so what they are asking for is an additional 23, so we can ask her that question. De Weerd: And you're not the first one I have asked, so -- Brown: Okay. De Weerd: Any questions, Council? Meridian City Council November 28, 2006 Page 13 of 48 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: You know, I'd like the owner to respond to your question. De Weerd: Okay. Canning: Kent, she doesn't understand the question. You need to talk to her. Brown: Along your frontage here there is an existing 50 foot right of way that exists. ACHD is asking for an additional 22 feet, so -- and they -- their options before them, because they are not improving that, is that you give it to them or that you -- they buy it from you, because it's a collector. And the Mayor is asking -- De Weerd: And, certainly, I can allow you time to talk with her. This is a Public Hearing, there might be further testimony, if you want to -- to chat and we can ask in the final comments. Okay. I know, I blind side everyone. I don't discriminate. This is a Public Hearing. Is there anyone who would like to provide testimony on this application? Okay. Well, I guess it doesn't buy you any time. Borton: Madam Mayor? De Weerd: Yes, Mr. Nary -- I mean Mr. Borton. Borton: That's okay. Anna, can you -- can you give me the thumbnail explanation of being an R-8 versus -- excuse me -- being an R-4 versus being an R-8 with the development agreement where you agree to comply with the amenities and accessory uses of an R-4 and as close as this one is? Canning: Madam Mayor, Councilmember Borton, sure. The R-4 district is as purely residential as one could make it. There are very few allowed uses and, actually, by putting in the development agreement we are achieving that end of it. It is -- there is some possibility that over time staff may forget that this has a development agreement that we need to look to see, that, you know, it's zoned R-8, we -- there is a good chance somebody may forget to look at a development agreement. We don't have a good catch in place to catch those things. We do our best. It's unusual to have that provision on one. In general, staff tries to get zoning that's consistent with the lot sizes. In this case for -- if, for instance, they were asking for R-8 zoning and had 12,000 square foot lots, there is a possibility that somebody could go in and subdivide one of the lots, making two lots where it might not have really been planned for that. You don't have that opportunity here. But there is a possibility that it could happen. So, we just try and get the closest zoning that we can get and the easiest to administer in the long run. Borton: Madam Mayor? Meridian City Council November 28, 2006 Page 14 of 48 De Weerd: Mr. Borton. Borton: Would this -- Anna, is there -- is there, really, any possibility that could happen? Bird: Sure. Canning: Yes. Some of the larger lots could subdivide, particularly the corner lots that are -- the minimum lot size in the R-8 is 5,000 square feet. So, for example, that lot could subdivide in half. Borton: Okay. Bird: Madam Mayor? De Weerd: Yes. Bird: Anna, isn't it also in an R-8 you can put in duplexes and four-plexes? Canning: Yes. There are alot -- Bird: And you can also have businesses in there? Canning: Things like a day care, yes. Bird: Okay. And in an R-4 you're not allowed to? Canning: Correct. De Weerd: Okay. Council, any other questions? Bird: I have none, Mayor. De Weerd: Okay. Bird: I'd like your answer, though. I'd like the answer on -- De Weerd: Would the applicant or representative like to respond to the question, then? Thank you. If you will, please, state your name and address for the record. Dalton: Cherie Dalton. 1157 West Stillwell Drive, Eagle, Idaho. De Weerd: Thank you. Dalton: I'm the owner of the property and the question as to the ACRD right of way there, I'm not in a position that I can make a commitment one way or the other, as I have made a commitment to others previously on this property, so I'm not the ultimate • • Meridian City Council November 28, 2006 Page 15 of 48 say so on what's going to happen with the property. I can't make a commitment, so -- and my understanding is you're asking on behalf of ACRD or on behalf of the City of Meridian? De Weerd: I'm asking you on behalf of myself. Dalton: Okay. De Weerd: City of Meridian. I'm not asking for ACRD, but I can tell you that that is what we did in north Meridian when we saw the amount of growth that was coming and that is what the development community did up in that area. Dalton: It all makes sense to me and I, you know, would follow -- imagine that it should be followed suit, you know, for the rest of the street and the other developments, but I'm not in a position I can make a commitment. De Weerd: Okay. Dalton: Are there any more questions for me? De Weerd: No. Cherie. Bird: Cherie. Dalton: Sure. Gorton: Just to sort of beg the question, is there -- is there an individual that you could talk to in a particular amount of time to get that answer or is that information you just can't obtain? Dalton: It's something that -- it's come to us -- I mean I haven't -- I have been sitting in City Council meetings in several different cities for years and I have never had this come up in this situation and so I have never even had it cross my mind before tonight, before you mentioned it. I don't know that -- has this happened with all the other subdivisions on the street or -- my assumption is that everyone would follow in suit, but -- De Weerd: There is not much happening on Amity yet and this is our opportunity to do as we did up in north Meridian area. Dalton: I'm sorry, Mr. Borton. Borton: That's fine. I mean that's -- the question was is there -- do you have the means to get that type of permission. Not necessarily right now, but when you tell me you talk about not having the authority, are you talking about there is 37 people that you need to gather to make that decision or -- Meridian City Council November 28, 2006 Page 16 of 48 • Dalton: Yes. Other individuals involved. Uh-huh. And I'm not -- I can't make the decision in this matter. And, you know, it is an easement. I don't think anyone would object to that, if there is an easement through there. I mean, you know, because of public right of way, but in terms of whether it would be sold or donated, I can't make a commitment. Gorton: Madam Mayor? De Weerd: Yes. Borton: Do you have any idea -- and not to belabor the point, but is it a matter of if you had a week you could answer that question or is it just not answerable as far as getting that type of authority to make that decision? Dalton: I assume we could get you an answer, yes. I would assume that it's something we could probably get in a week or so. But Idon't -- I hate to delay the process and I don't really know if it's something that, you know, given that we have been waiting on this application -- you know, if someone had mentioned this in September, we would have all this time to think about it, but I'm just -- you know, I'm in a situation that I can't make a decision yea or nay tonight. Okay. Thank you. De Weerd: I could have asked the question during the many times I continued it. Brown: You probably could have. De Weerd: Yes, Mr. Brown. Brown: The discussion about the subdividing -- further subdividing the lots to that R-8 zoning I think can be addressed in the development agreement that they are asking for and I would offer that up as a means of protecting them. We are not asking for the lots to change from the way that they are being proposed and we feel that we are providing a little bit of diversity instead of just 100 by 80, so that's what we tried to accomplish with the centrally located open space. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: How about duplexes, four-plexes -- Brown: That would be fine to -- Bird: Would that be fine to eliminate that? Businesses? Brown: Uh-huh. Yes. ~ ! Meridian City Council November 28, 2006 Page 17 of 48 Bird: In the development agreement. Okay. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: What would be the impact on the number of lots in that particular layout if the lots were to go to an R-4? Brown: There is no impact. I mean the biggest change is to change them to 224 square feet. What it would do to us is it would make some of the larger lots that we have in the cul-de-sac and at this end of the development, maybe moving this street over just a little bit, but it's minor. I mean the lots that are here, if the line moved over even as much as a half a foot it would make that -- the difference and it's ten lots, eight of them are located along our easterly boundary and, then, two right there. That's -- that's the location of where those lots are located that do not meet the 8,000 square foot. De Weerd: Okay. Any questions from Council? Bird: I have none. De Weerd: Okay. Council, do you want to close the Public Hearing or continue this hearing? Yes, we still have an open Public Hearing. Wood: My name is Dan Wood, I live at 2025 East Chateau. With your comment about the right of way, is it not addressed -- mine is -- in the ACHD report that ultimately says that -- mine does anyway. District policy requires 96 foot of right of way for an arterial road and it further goes on to say that the applicant is proposing to dedicate 48 feet of right of way. It probably addresses your issue of -- I think it's going to be one of the requirements to get approval from ACHD is that her plat probably shows 48 feet. De Weerd: It does sound like it does, but my question is more -- when you say dedicate, does that mean you sell it back to them or does that mean it's donated right of way? Wood: Okay. So, can I make a comment to that? De Weerd: You bet. Wood: The portion that's frustrating for adeveloper -- it would be one thing if all the fees from that particular subdivision went to improve Amity Road, but, instead, ACHD is playing so much catch up elsewhere that they are taking the fees that come in from that particular project, instead of improving Amity Road, they might go and improve Overland or Eagle Road, which we all benefit out of it, but the problem is it doesn't go Meridian City Council November 28, 2006 Page 18 of 48 actually to that particular project. So, your help would be if you could get ACHD to put it where we actually -- you know, before we really need it. De Weerd: Well, I know that we have had developers who have done the road improvements themselves and have been paid back through the impact fees collected in those areas and that is one way that they have found to dedicate those fees to the road improvement by their developments and it's, basically, been in the business sector, but I know we are seeing it up in north Meridian with intersection improvements and that sort of thing. So, it could be done -- not through us, but through the will of the development community and getting the developers lined up along that road to see that it happens. So, there are options. I think, you know, we are just in a situation we are looking at adding more traffic to an already difFcult situation without any opportunity or remedy in sight and so we are trying to help find solutions in the way that we can and it's very limited when you're not the road authority. Wood: But in that you also run into the problem like in the present application, as well as mine, you know, you have the smaller pieces, so what do you do -- even if the developer did want to build that section of the road, you have so much Amity Road that is not going to be built, I don't know as -- it seems so much better if you at least get the right of way to ACHD that when the time does come they can build the whole thing all at once, rather than have it piecemealed together. De Weerd: I guess you have to start somewhere and if you never start, you're never going to get anywhere, and so I asked the question and we listen for an answer. Wood: Okay. Thank you. De Weerd: Thank you. Okay. Any further discussion from Council? Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I have none. De Weerd: Oh. Okay. You have rebuttal? No? Okay. Okay. Rountree: Prior to closing the hearing I guess my comments are -- it seems to me that there has been a fair amount effort to make this as difficult as possible. Hearing testimony from the applicant that there is -- it requires very little, if any, change and they don't lose any lots as it relates to change -- getting this in compliance with the Comprehensive Plan to be an R-4, I would suggest that the development be plotted and preliminary platted as an R-4 and we eliminate the need for a development agreement, we eliminate the need for city staff in the future to tract this and make sure that folks who develop in there at some future date don't have to be aware that there is a development agreement to track and make sure that it's consistent, only to have Meridian City Council November 28, 2006 Page 19 of 48 something occur there that shouldn't under the DA if, in fact, we were to approve it that way and, then, have to go back and remedy that. So, I guess my position at this point is let's make it consistent with the Comp Plan, let's make it consistent with low density, let's make it R-4, and let's move on. With respect to the right of way donation, I would like to see that explored. I believe there are probably some advantages to the developer to explore that with ACHD in terms donations and tax credits and/or maybe credits towards impact fees. But at this point my position is that if it were an R-4 it's consistent with the Comprehensive Plan and I would probably be inclined to recommend approval. I understand fully where they are getting -- the Mayor's coming from, because the developers are not the ones that hear from the constituents as that area builds out about not being able to get onto Eagle Road and I suspect that you can't get on Eagle Road right now on --- at Amity very easily at rush hour. So, it is a problem and it will be a problem for your future customers as well. So, anything that the developers can do to alleviate that I would think would be to your benefit. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would echo Councilman Rountree's comments. I would love to see it drop down to an R-4. We don't have to have a development agreement on that and we would be consistent with the area out there. So, I personally would like to see it drop down to an R-4. De Weerd: Okay. Any other comment? It is still a Public Hearing. Mr. Brown. Brown: I think just to remind you when I started I said that it really wasn't that big of issue, but we would prefer this, but we are here to be approved tonight and so that being said, if those are the sentiments of the Council and you want to go with R-4, that would be fine and we would be happy not to have a development agreement. I spoke with Anna and Anna said the only thing that a development agreement would need to be for is like the landscape buffer and sidewalk out there and I'm sure that my subdivision is going to be required to have that as a part of it and we really don't need that and we are here to be approved, so -- De Weerd: I don't think they can approve a plat that needs to be changed. Canning: Madam Mayor, perhaps I can clarify for Mr. Brown. The only other provision that the development agreement had was that the five foot sidewalk and the landscape buffer be built prior to any house on the site being built on the site. You will get that with their final plat that has -- if they go north to south, then, the landscape buffer and the sidewalk will be in one of the later phases, but I don't see a problem with that. Bird: Madam Mayor? De Weerd: Mr. Bird. • Meridian City Council November 28, 2006 Page 20 of 48 Bird: Anna, that would -- we don't -- we add that in the Findings, can't we, and we don't have to have a development agreement if we go the R-4? Canning: Correct. It would be you would -- and Mr. Nary can help me out, but I believe you would just approve it as an R-4 plat and ask the applicant to change the plat accordingly when he comes in for a final plat. Bird: Okay. Canning: That would be -- when you approve the plat you would make that statement. Bird: That's -- okay. We have done that before. De Weerd: Okay. Council, what would you like to do? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Hearing nobody want to talk or do anything, I move we close the public hearings AZ 06-042 and PP 06-044. Rountree: Second. De Weerd: I have a motion and a second to close the Public Hearing on these two items. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Any discussion? If not, do you I have a motion? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I would move that we approve Item 9, AZ 06-042, to include staff, applicant, and public comments and to modify the original application from R-8 to R-4 and delete requirement for development agreement. Bird: Second. De Weerd: Okay. I have a motion and a second to approve Item 9. If there is no discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. Meridian City Council November 28, 2006 Page 21 of 48 MOTION CARRIED: ALL AYES. De Weerd: Okay. Item 10. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item 10, PP 06-044, modifying -- or asking the applicant to modify the plat before final plat to be consistent with the R-4 zone as previously approved in the annexation. Bird: Second. De Weerd: Okay. A motion and a second to approve Item 10. If there is no discussion, Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 11: Continued Public Hearing from November 21, 2006: AZ 06-044 Request for Annexation and Zoning of 19 acres from RUT to an R-4 zone for Whitebark Subdivision by Dan Wood - 2135 East Amity Road: Item 12: Continued Public Hearing from November 21, 2006: PP 06-046 Request for Preliminary Plat approval of 48 residential lots and 8 common lots on 19 acres in a proposed R-4 zone for Whitebark Subdivision by Dan Wood - 2135 East Amity Road: De Weerd: Okay. Items 11 and 12 are continued public hearings on AZ 06-044 and PP 06-046. I will open these two public hearings with staff comments. Canning: Madam Mayor, Members of the Council, this is the Whitebark project. It's located on the south side of Amity Road, approximately halfway between Locust Grove and Eagle Roads. You will notice that it adjoins corner to corner with the previous property. The applications before you tonight are an annexation and zoning and preliminary plat and the gross residential density is 2.52 units per acre. The applicant is proposing to annex and zone 19 acres to R-4 and preliminary plat approval of 48 single family residential lots and eight common lots. Approximately 1.44 acres or 7.6 percent of the site is devoted to open space or landscaping. In this instance most of that is the parkway planters with the four foot detached sidewalks. I will go to the landscape plan, so you can see those detached parkways -- or detached sidewalks with parkways. Even though it doesn't meet the minimum requirement, staff is a little bit concerned, because they don't -- they lack a common open space for neighborhood gathering • Meridian Ciry Council November 28, 2006 Page 22 of 48 areas, such as a small park or a picnic area. The out-of-the-ordinary DA provisions include -- it basically just states that there only be 48 units on the site, that only those uses allowed in the R-4 zone, and that the street buffer along Amity be installed prior to occupancy of any new dwelling units and because there was some questions about the annexation path through Cottswold Village, there is DA provision that the Cottswold Subdivision annexation ordinance receives approval and signature from the City Council, thereby creating a path of annexation for the proposed Whitebark Subdivision. The Commission did recommend approval at their September 21st, 2006, hearing. Kent Brown and Dan Wood spoke in favor of the application. No one spoke in opposition or commented. The key issues of discussion by the Commission were the design of the cul-de-sac versus hammerhead at the terminus of the proposed south Limber Pine Street. You will note that the landscape plan has the cul-de-sac. The preliminary plat currently has that hammerhead. Ada County Highway District has said thou shalt use the cul-de-sac, so the approval or the recommendation by the City Council -- by the Planning Commission is that they use the cul-de-sac terminus. There were no changes to staffs initial recommendation. To our knowledge there are no outstanding issues before City Council and we have received no additional written testimony, since the Planning and Zoning Commission hearing, other than a request for continuance I believe you received last week, some testimony. De Weerd: Okay. Canning: And with that I will answer any questions you may have. De Weerd: Council, any questions? Bird: Not at this point, Mayor. Rountree: None at this point. De Weerd: Okay. Brown: For the record, Kent Brown, 1500 East Iron Eagle, Eagle, Idaho. In this application my client came to us and asked us to design something that didn't create cut-through traffic, provided the connectivity, he has a builder team together that wants to build shops, they gave him some criteria as to what they would need to build that type of homes and an attached or detached shop. They needed more depth and more width in the lot and I guess all the guys in the Planning and Zoning Commission could grasp having a shop. That rectangular shape for those lots is the reason that my clients would prefer to use the hammerhead. The hammerhead is allowed if -- Anna, if you could go back to the plat. There. You have a more rectangular lot, even though these are I think only 120 feet deep, they are not 140 that was ideal, the rectangular lot better served the ability for the builders. It is a design issue from the standpoint of what the builders are telling that they would like. The times that ACHD will allow you to do the hammerhead or the Snoopy -- you know what the Snoopy looks like, so -- yes, you do. The times that they allow them are in in-fill and so in this case that's the reason that they are saying ~ i Meridian City Council November 28, 2006 Page 23 of 48 that this can't be used. Now, this is an outparcel, there is two of them here, two existing homes that have been there for some period of time. If this was a strictly rectangular piece of property we wouldn't need to use the hammerhead and we'd have a little more room, but that necking down of the entrance created that difficulty in us doing that and I guess that's the marker that my client has chose -- he says he's got builders that are anxious. He's looked at the other building that's going on in the area, the lot sizes, and that's the market that he would like to try to reach. In the R-4 -- the majority of these lots actually meet the R-2 zoning of your ordinance with very few exceptions and that's why we chose to do the design that we have chose to and my client is here to further speak to the design issue of the cul-de-sac. I'll stand for any questions. De Weerd: Yes, Charlie. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Is there going to be a common lot along this access street? Brown: We have proposed one. Staff is asking that we make sure that those people have access for a future road. That was our intent in the way that we did that design, so that in the future when Amity comes in that these people can have access and there is a condition in there that speaks to that. Rountree: Okay. And a follow up. Staff, make sure that happens, would you, please? Brown: The only reason that we proposed having some landscaping there is the current view is not the best. De Weerd: Wouldn't help with marketing. I guess we have had a recent experience with that, if you are sensing anything, and so -- Rountree: He can landscape it for now, but at some point in time in the future it has to be dedicated for an access, not at the mercy of the homeowners association. Brown: Well -- and the one that I would like, you know, I guess to use, as an example, is the Tuscany, the entrance of Eagle Road. There is a specific location, so that those people can redesign and that -- that has been the intent of the way that we did our design. Rountree: Okay. Brown: We looked at coming in on the other side, but that did not best serve how this is going to redevelop. If you look and you can see, basically, just lots coming off, it's -- I mean -- but someone is going to have to buy the two properties, because it's a weird Meridian City Council November 28, 2006 Page 24 of 48 configuration. There is an L shape in there. The easterly property owns the L and the -- that's enough. Rountree: We have heard you. Anna, would you show the other one with the circular cul-de-sac? What is that? Brown: Common driveway. Rountree: Common driveway. Okay. Brown: Thank you. De Weerd: Would the applicant want to address the hammerhead or Snoopy or -- Rountree: Half Snoopy. De Weerd: Half Snoopy. Wood: Yes. My name is Dan Wood. I live at 2025 East Chateau. What I was trying to do up there on the hammerhead -- I have done it elsewhere. There is not that many lots on that particular street. The lots aren't as deep, but they are, actually, wider. They are 110. I think these are 100, 110 wide and 120 deep. So, it just seemed like a better lot that I have got to sell. So, I thought it worked out better for the builders to have -- you know, in that case where the lots would be wider, the builder could, actually, have his house and still have room to put a shop along side, versus most of the other lots are 90 feet deep and 135 feet -- excuse me. They are 90 feet wide and 135 feet deep, thinking that they are going to set those up where they will make it so they can have a driveway go along the side of their house and put the shop in the back of the lot. So, ultimately, I was out to get a better building pad for the builders. But ACRD -- they have had a lot of changes it seems like in staff and over the years sometimes they will let you do it and sometimes they won't. This is one of the times that they recommended that we don't. So, I was hoping that the Council would see the benefits to this layout versus the other one. De Weerd: Maybe if you donated the right of way they would be a little bit more willing to work with you. Wood: So, that issue -- I knew that was going to come up. With regards to the right of way, you know, I would like to look into Commissioner Rountree's suggestion, you know, if there is something where they will give a credit that -- you know, towards -- that would be great. I don't have a problem with that. They just haven't usually wanted to work anything out towards that, so I have no problem with that. And, ultimately, if it comes that I have to donate it, yes, I will donate it. De Weerd: Thank you, Dan. Meridian City Council November 28, 2006 Page 25 of 48 Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Can you comment on -- I think one of staffs valid concerns about a lack of picnic area or gathering spots. Wood: Sure. Part of what, you know, I see, you know, in my experience or whatever, we have tried to set up a pathway that ultimately -- I don't know if I can figure this thing out. Whatever. You know, so that there is a pathway actually that goes all along here -- actually it goes all the way down there, straight down through there -- straight down through there, that actually goes to the project that -- Black Rock that ultimately is going to have some dedicated parks and areas like that in the future, that I have been told. Why I chose to do it this way, I figure if somebody's got -- you know, most of -- the smallest lot I have in my subdivision is 10,000 square feet and the largest 15,000 square feet. So, I opted to think, okay, I'm going to give somebody a bigger lot, so why should they need to have anymore common space. The other portion you run into is by choosing to go with future lots I don't have as many people to pay for common areas and it's a burden of -- you know, I have run into that in some of these other subdivisions I have done where now all of a sudden you have got these homeowner association fees and not very many to pay for them and you have a budget issue of how -- you either got to raise the association fees and in this case I don't think very many people would use it, because they are going to have big enough lots to do their own thing. So, that is why I chose -- and I thought by doing the broken sidewalks and having the grass, it's a nicer estate-type lot look versus a lot of the subs that are around Meridian, so I thought it was a mixture that would be a plus. That's why I chose to do it that way. De Weerd: They are going to be in their workshops. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: The reason I bring it up -- and, you know, I might respectfully disagree with you only to the extent -- regardless of the size of the lots, even if it's a small picnic area, a gazebo type low maintenance area, to the extent you can in the subdivision, from a livability perspective and you have an opportunity to get people out of their backyards and into the front yard and into an area where they might gather for any particular function, I think that's a plus for any neighborhood. Wood: So, my comment to that -- what I run into so often in -- you know, is now you run into the fact, okay, if you want your kids out front, what's going to end up happening is they are out inevitably playing in the streets and, then, now you have the issue of always worrying about too many people going too fast and the speed limits and these are the complaints that I'm hearing from the association in one of my other subs that I'm Meridian City Council November 28, 2006 Page 26 of 48 still involved in and so it's almost like you try and give them a bigger lot so they will play on their home lot versus play out front and in the street. Two sides of the story. Gorton: I understand the concern. To the extent you have tried to create a design to discourage cut-through traffic and decreases that risk to kids. Wood: The other portion I guess I was hoping to is -- it seems to me you see more people wanting walkways and so by having that pathway really from Amity clear to our south boundary, a quarter mile or so, that's pretty straight and it's separated with the sidewalk, so I thought maybe more people would use that more of a roundabout way, get more exercise for probably adults than kids, but it seems like they go outdoors more than the kids do sometimes. Borton: Okay. Fair enough. De Weerd: Okay. Any other questions from Council? Bird: Madam Mayor, I have one for staff. Mr. Anderson, I'd like a fireman's opinion on cul-de-sacs or a hammerhead. I don't think you can get a fire truck around either one of them. Anderson: Councilman Bird, the hammerhead is, actually, an acceptable design for the fire department in the sense that it allows us to pull in, back up, and, then, pull back out. A lot of the cul-de-sacs we don't actually have enough room to pull in and just while driving in a continuous motion drive around and turn around. And, for example, the one that you see right there, when they put the landscape in the center, that's, actually, a design that we discourage, because if there is a car parked anywhere around the curb in that cul-de-sac, we have to pull up and back up and we have to make a three or a four point turn to be able to turn a fire truck in that. So, the hammerhead design that is proposed in that project we would be fine with that. Bird: Okay. Thank you. De Weerd: Okay. Any other questions, Council? Okay. Kent? Brown: I know this piece of property doesn't look like a lot, but Mr. Wood really made us run exercises in the design on this and we did look at a little pocket park down in this area at one time and I can totally agree with him as a staff person for the city of Boise for nine years and having homeowners associations after homeowners associations come in and say can we get rid of this open space that the City Council required our development to have and it does come down to maintenance and you go, okay, well, they build half million dollar homes and some of the ones that I saw and they were still complaining about it and those homeowners dues really do, you know, make them -- you have to have a real good use. I mean having a picnic area -- they just are mowing a lot of grass and doing a lot of weeding and where if you have a walking area and you have a lot of the people out doing that walking, a walking path is actually better than a Meridian City Council November 28, 2006 Page 27 of 48 large piece of grass, has been my experience from seeing those people come in over and over again. They were willing to keep a micropath versus a piece of grass that they didn't think that maybe everybody was touching, someone else had a better access to it, and they would ask to quitclaim it to their neighbors, so that's been my experience. De Weerd: And I guess because of the themed aspect of this and a particular market you're going for, it doesn't make sense. You know, I would agree with the applicant that it is a different type of market and you know I'm a park advocate and would certainly, if it made sense, advocate that now, but I think, you know, the design, the target, and the donated right of way all make sense. We might have to just disagree. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Anna, I take it the staff was okay with the hammerhead; right? As I recall. Canning: Madam Mayor, Members of the Council, Councilmember Bird, I believe staffs recommendation was to go ahead with the cul-de-sac supporting Ada County Highway District. Bird: ACRD. Canning: For that few number of lots and given what they are trying to achieve, I'm not sure we care all that much, sir. Bird: Hit the hammerhead again, would you. De Weerd: What was that? Bird: We still have the shared driveway, don't we. Just not as well -- I don't know. I personally on this I'm so happy to see Dan come in with an R-4 zone, I appreciate that. I think there is a real need for that type of a subdivision for people to have shops and everything else. I don't think everybody wants to be able walk between their house and the neighbors and touch -- put your arms out and touch each one of them, so -- all the time, so I appreciate that, Dan. Thank you very much. De Weerd: Okay. Any other comments? Rountree: Madam Mayor, Ijust -- we seem to be kind of gravitating towards a hammerhead solution here per the request of the applicant. What -- we don't have an ACHD representative here this evening. Bird: No, we don't. • Meridian City Council November 28, 2006 Page 28 of 48 Rountree: What kind of impact do we have an ACRD in that regard. I don't think a whole lot if that's the case. While the hearing is still open Mr. Brown might be able to tell us. Brown: I first approached ACHD with that question and they, basically, said that you're the land use agency. It's an acceptable fire department turn around as the fire chief has spoken to. It is in their policy that they have these type of turnarounds, as I previously said, a hammerhead and a Snoopy. So, those being acceptable, what they -- their preferred method or their policy, they will go along with what you would mandate. They would -- that's why they use them in in-fills, because you have inability to do other kinds of turnarounds in certain projects, so that's -- Rountree: Thank you. Bird: Thank you. De Weerd: Okay. Anything further? Okay. I would entertain a motion. Rountree: Madam Mayor? De Weerd: Yes. Rountree: I move that we close the public hearings on Items 11 and 12. Bird: Second. De Weerd: All those in favor say aye. MOTION CARRIED: ALL AYES. De Weerd: Okay. Discussion or motion. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: It's -- I guess from my earlier comments it's sort of clear where I sit on this. It may seem to be a small issue, but to me it's a bigger issue and I might respectfully disagree with at least Madam Mayor and probably the applicant as well as far as the benefits to any particular neighborhood providing some common area gathering space, whether it's large or small as it can be, whether or not the market in any particular subdivision may desire that type of amenity, I, for one, think it's important to me to do what we can to encourage any particular neighborhood to have, you know, a gathering spot, an opportunity to meet and recreate in the front and not in the back and I understand that there is expenses and there is some homeowners who might not want to be involved in mowing and maintaining some of these common areas. I know they Meridian City Council November 28, 2006 Page 29 of 48 are relatively small expenses. I represent quite a few homeowners associations that deal with some of these issues -- probably haven't dealt with them as much as most of the developers that come here, but it is something that's -- at least in my mind it's important to have something like that. On a project that has those, I think create an opportunity for more of a community feel in an particular neighborhood. If the particular homeowner doesn't want to deal with it, they can go buy into a different subdivision, but I have lived in both types of areas as well and this particular project in going forward I guess that's kind of a sticking point for me, I'd like to see that particular type of amenity in any type of subdivision to encourage the neighbors to get out and have an area to gather and meet together. So, I'm not satisfied on this one because of that particular issue. De Weerd: Thank you. Bird: Madam Mayor? De Weerd: Thank you. Any other -- yes, Mr. Bird. Bird: And I respect Joe's view and I agree with it on a lot of deals, but I also think the Mayor was right on this project here. You know, an R-8 where you have got five, six thousand square foot lots, yeah, you probably do need a lot of common area to meet and stuff, but this large of one and the landscaping, the pathway, and stuff like that, I -- Ibelieve that while I agree with common areas in the majority of subdivisions, I believe subdivisions like this can get by without it. So, I can support this project wholeheartedly. De Weerd: And I would imagine with the walking path you can put a couple of benches along the way that create an opportunity to sit and chat while you're walking your dog or pushing your stroller. So, I mean, really, I think this is a unique subdivision that you could have opportunities and maybe we will see it at final plat if it's approved. Okay. Any other discussion, Council? Rountree: Hearing no more discussion, Madam Mayor, I move that we approve Item 11 for the AZ 06-044, annexation of Whitebark Subdivision. Bird: Second. De Weerd: Okay. I have a motion and a second to approve Item 11. If there is no discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, nay. MOTION CARRIED: THREE AYES. ONE NAY. De Weerd: Okay. Thank you. Item 12. Rountree: Madam Mayor? Meridian City Council November 28, 2006 Page 30 of 48 De Weerd: Mr. Rountree. • Rountree: I move we approve Item No. 12, PP 06-045 for the Whitebark Subdivision and indicate to ACHD that we would approve a hammerhead cul-de-sac on South Limber Pine Street. Bird: Second. De Weerd: Okay. I have a motion and a second to approve Item 12 with the noted change. Yes, Mr. Wardle. Canning: Madam Mayor, Members of the Council, Councilmember Rountree, did you -- did you want us to send notice to ACHD and to also delete the condition that's highlighted up on the screen? Is that what you intended? Rountree: Yes. Bird: Second agrees. De Weerd: Okay. Thank you for that clarification. If there is no discussion or further comments, Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, nay. MOTION CARRIED: THREE AYES. ONE NAY. De Weerd: And, certainly, Mr. Wood, if you talk to ACHD and they would be willing to do that, if you'll let us know we would -- and if you would like to set a precedence in that area, because you're a responsible developer, let us know that, too. Rountree: It may also be your tax accountant that you want to talk to. De Weerd: Thank you. Because I am serious, we have -- we have an issue down in south Meridian and I'm going to hand out planners' phone numbers and developers and when they are sitting in traffic they have a lot of time on their hands. Item 13: Public Hearing: RZ 06-010 Request for a Rezone of 2.20 acres from I-L to a C-G zone for Lanark Property by Ron Van Auker -Northwest Corner of Eagle Road and Lanark Street (Lots 1 & 2, Block 1 of Olson & Bush Industrial Park: De Weerd: Okay. Item 13 is a Public Hearing on RZ 06-030. I will open this Item 13 with staff comments. Meridian City Council November 28, 2006 Page 31 of 48 Canning: Madam Mayor, Members of the Council, this is the Lanark project. It is located on the northwest corner of Lanark Street and Eagle Road, just south of the railroad tracks. The request is to rezone 2.2 acres from I-L to C-G and, then, the applicant intends to construct an office and retail uses on the site that would not be allowed within the light industrial zone. The site is currently vacant. De Weerd: No. During campaigning there is always signs there. Canning: All with elephants on them. The other lots within the front portion of the subdivision are largely developed or built out. I want to point here, you will notice that the parking lot to the west does stub to this property and that will become important later. This is the proposed site plan for your consideration. Let me go back up. If you look on the 2002 Comprehensive Plan, this is clearly labeled industrial. There is a provision in the Comp Plan that says it's not meant to be parcel specific, you are allowed to kind of bump and nudge things. This, by nudging across Eagle Road, is the farthest nudge you have ever considered. But we did bring it before you for your consideration tonight without a Comprehensive Plan amendment. There are commercial designations on the south side of the property, but there are intervening properties there. The R.C. Willey site is designated as commercial immediately across Eagle Road. So, the proposed zoning is not explicitly consistent with the Comprehensive Plan. Despite that, the applicant's request in this area does seem to be generally compatible with the surrounding land uses, as there is extensive commercial development along Eagle Road already, including but not limited to the R.C. Willey directly across the street. De Weerd: What was the purple thing on there, Anna? Canning: Purple here? De Weerd: Yeah. Canning: That's office. De Weerd: No. On the railroad track. Bird: On the railroad tracks. Canning: Oh, right there? De Weerd: Uh-huh. Canning: That's our transit station symbol. De Weerd: On Eagle Road? Meridian City Council November 28, 2006 Page 32 of 48 C Canning: It's shown as being generally located in the -- it's a floating marker similar to parks and schools. It's intended that it be generally near Eagle Road. De Weerd: Was that supposed to be north of the railroad tracks? Wasn't that part of an application? Canning: The property that's formerly known as Ten Mile Development, LLC, did show a pathway on this property that kind of generally brought people from this area if there were a transit stop that you could walk up to Pine. De Weerd: Okay. Canning: You can see the existing development. There is the proposed site plan. You will note the landscape buffer adjoining Eagle Road, which is an entryway corridor through this area. You will notice the cross-access to the west. This is the elevation. This would be subject to design review. This structure would pass design review, but there were some considerations about the site plan and Iwill -- those were mentioned by the Commission, so I will go ahead and go through the Commission's recommendation. They did recommend approval at their November 2nd, 2006, Public Hearing. Brad Miller spoke in favor of the application. No one spoke in opposition or commented. Mr. Ron Van Auker, I believe senior, provided written testimony. Key issues of discussion by the Commission were the need to vacate public utilities, drainage, irrigation easements that span the property lines common to Lots 1 and 2, but the subject property is two parcels. There are two lots in the current subdivision. So, there are easements along those common lot lines. They also discussed the applicant's request to postpone installation of the sidewalk along Eagle Road until such time that ITD widens Eagle Road and, then, there was discussion about the timing of the Eagle Road widening in this area. The applicant also requested to eliminate the design review requirement to install the eight foot pedestrian walkway from the perimeter sidewalk to the building entrance and the applicant requested to install a five foot wide land use buffer between the I-L zoned properties to the west and the proposed C-G zoned properties. Staff had requested ten feet. I need to talk about that a little bit, because you may remember last week we talked about the buffer for industrial uses is actually 25 feet, because that's the more intense use, that's the one that provides the buffer, so - - because this is asking to go from I-L to C-G, they would only be required to have a five foot landscape buffer, but because of the zoning was changing, we felt that there was some obligation on the part of this property owner to provide some of that buffer, because we didn't get it on the I-L property, because when the I-L property was developed this was also I-L. And, hopefully, that made some sense there. But we were asking for five additional feet of a land use buffer in this area, because there is a difference between the two zones. The key Commission changes to staffs initial recommendation -- they did eliminate the sidewalk along the western side of the proposed structure. The applicant had shown one on the submitted concept or site plan and, then, they had decided that they would not put a public entrance on this side, so the need for the sidewalk went away and the Commission didn't feel the need for that sidewalk either, so they did make that change. The outstanding issues for City Council Meridian City Council November 28, 2006 Page 33 of 48 -- these are really more of an update on a couple of items. There was a lot of discussion about vacating the utilities. In talking with Public Works and the building department, it's probably not necessary to amend the development agreement to state that it's necessary to vacate those. They won't allow anything to occur as far as development on the site until those utilities are vacated -- until the easements, I'm sorry, are vacated. So, we feel confident that that one is okay the way it stands and needs no action by our discussion by Council action. Staff confirmed with ITD, because there was a lot of talk about building the ten foot sidewalk as required along Eagle Road, they were asking to postpone those installments. We did contact ITD. ITD has said that they don't actually have any plans to construct that along this area and they are counting on the development of those adjoining properties to construct those improvements as it goes along. What they will do is when they are ready to -- to make those improvements in that segment of roadway, they will line up their sidewalks with what's existing. So, they are looking for this development to provide that -- that sidewalk along Eagle Road concurrent with the development of this property. We did receive written testimony from Mr. Miller dated yesterday, received today, and they are still requesting that there be a five foot landscape buffer on the west property line. They are also asking that they not be required to have this cross-access to the west, that they may want to do it, they may not, but they are asking that it not be required. You know, we try at every opportunity to get cross-access between nonresidential properties, so that we can have a flow of traffic without going on the public street. In this case the public street is Lanark, it may be extended in the future. We are hoping it gets to be a through street at some point in time, so it would be appropriate, and they are still requesting to defer construction of the ten foot sidewalk. And with that -- oh, well, let me say one more thing about the ten foot sidewalk. There was talk of deferring it or postponing it. It makes it sound as if they are asking not to do it. If that's the case, if Council is inclined to move in that direction, it would require a variance to not develop that ten foot sidewalk. It is a standard of the UDC that would have to be approved -- or waived. You'd have to get a variance to the standard. And with that I will answer any questions you may have. De Weerd: Thank you, Anna. Council, any questions for staff at this time? Bird: I have none, Mayor. Rountree: I have none. De Weerd: Okay. Miller: My name is Brad Miller with Van Auker Properties, 3084 East Lanark in Meridian. As being a member of a development group who has donated land to ACHD De Weerd: You're awesome. Meridian City Council November 28, 2006 Page 34 of 48 Miller: -- and done joint development agreements with ACHD and done impact fee credit agreements with ACHD, I appreciate you listening to our application tonight. By the way, you can do all those things. Pine Street would not be in between Cloverdale and Eagle Road if it weren't for Ron Van Auker and his ability to fund that project and, then, take impact fee credits in return for that. Bird: You're a hundred percent right. Miller: So, I mean it can be done, it's done every day, and, particularly, it's by the people who have the wherewithal to be able to fund those things and some of these other people may not. In regard to this project, you may or may not be aware that the property to the east is our -- or, excuse me, to the west is our offices. We have officed there for almost 15 years now and developed that property and these are two parcels here that we have left. The first parcel, which is closest to Eagle Road, when they widened Eagle Road they took some of that parcel, so it's not large enough to develop on its own, so we chose to put the two together. When that subdivision was done -- at the time that subdivision was done the standard practice was to put utility easements along all of the property lines and so the utility issue that -- easement issue that Anna brought up is just that center line has a blanket utility easement -- I think it's five feet on both sides -- and we have received relinquishment from everyone, except for Qwest, and we are working on that and it will not be a problem. In regard to the landscaping, on the west side -- this office building -- our intent is to move our offices over into this building and, hopefully, after 12 years I can finally get a window in my office. On the first floor we would have some lower intensive retail uses. We don't know exactly what those are yet, but the thought would be that we would have some retail uses on the bottom and, then, probably two office, maybe there office uses on the top. This property would be -- the property would be negatively impacted by an industrial user next door. We don't -- the property next door is used primarily as office. We have about 6,000 square feet of warehouse in the back that is used as storage. The next user that came along, I guess they could do manufacturing or something that would be more intensive on that property, but we don't see it as a negative from our point of view and so if the ten foot landscape buffer is there to protect us as the owners of this property, we don't have a problem with that -- with it being five feet, rather than ten feet. So, I don't see an advantage to it, but, once again, I don't want to be disagreeable, I just want to agree and -- De Weerd: And get along; right? Miller: Because Anna's my friend. In regard to the driveway -- Anna, would you mind going back to the site plan, please. The intent was originally we were going to have some sort of overhead door on the west side of the building and so Mr. Van Auker's thought was we would have that little turn out area there, so that we could get a truck in and maneuver there. If you were to draw a line over from the south side of this building over, you would meet the front of our offices over on the other side. So, that cross- access really, probably, wouldn't serve any purpose right now we don't think, if it were constructed. So, we would like to have the option not to have that there. We don't see • i Meridian City Council November 28, 2006 Page 35 of 48 that there would be any real benefit. The intent would be, as the staff report states, to have one access point on Lanark, rather than -- East Lanark, rather than two and we would like to center that and don't see that there is really a need for cross-access between the two. In regard to the sidewalk on Eagle Road, we are not opposed to the sidewalk on Eagle Road. We would be more than happy to bond for it. Our issue is even though ITD says that they would come, they would match their future sidewalk to the sidewalk that we put in, I just can't -- I have a hard time believing that it all will line up, that we would be able to put it in the right location at the right elevation and the right section that would match up with what they are doing in the future. If you go along that side of Eagle Road from Fairview to Franklin Road, which includes the new jewelry store there, which includes that new restaurant, and all those other places, there is no sidewalk along that whole west side at all and Ijust -- I mean we are not opposed to it and we will bond for it, but it just seems to me that it's premature for that right now. If you go across the street from us where Ted Sigmont has his Everton Mattress, they just completed a new building there and there is no sidewalk there and there is a dramatic elevation change there, but I mean if you want it we will do it, but I just hate to do it and see it torn out at a later time. We are more than happy to bond for it, we are not opposed to it, but right now if you put that in it's not going to connect -- interconnect to anything, you know, it probably would look good, but we would landscape in that area right now anyway. So, that would be the only consideration. If you want the sidewalk there, we are more than happy to do it, I just hate to see it torn out in the future. And those are my only issues, unless there is any questions. De Weerd: Thank you. Council, any questions? Bird: I have none. De Weerd: No. Miller: Okay. De Weerd: Just my statement on sidewalks, because I noticed there was not a sidewalk up in that area you referenced, because I had to cross the street to go to the minor emergency room and I had to walk through parking lot. It was -- it was awful and I really didn't feel good, so -- because I was on the other side of the street, had to go up to the crosswalk, walk across, looking for the sidewalk, I didn't even know we didn't have sidewalks on that side. So, where we can get sidewalks put in, it's really nice. I think it's a real safety issue by not having them there, so -- and, I know, it's connecting to nothing, but at least it provides a haven of safety in front of your beautiful office building. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council November 28, 2006 Page 36 of 48 Bird: I agree wholeheartedly with you on the sidewalk. I believe the only sidewalk is from Pine Street down to the little street that goes into Yellow Freight. In front of Blue Cross and stuff they have got a detached sidewalk, looks great. I can't figure out -- they are taking up that whole -- from the railroad to -- to Lanark and maybe Brad can widen me up, but I can't figure out where the elevation is going to be where they could tie in, so that a foot or two elevation difference is going to make a bit of difference, because you're, basically, going from railroad tracks to Lanark and, then, you go across Lanark before you would take off again. So, I can't see the deal. I would love to see if we can in that area a detached meandering sidewalk. I'm like the Mayor, I wouldn't want to walk out there, only in an emergency, but if I have to I'd sure love to be off the road. So, Brad, I don't know, is that possible? And I can't figure out the elevation problem. Miller: There is not -- between the railroad tracks and Franklin Road -- or, excuse me, and Lanark, there is really not much of a change of an elevation there. It really picks up right here as it goes up the hill. That's where the real elevation difference is. I just think when ACHD comes, they put their median in, they widen out the road and do all that, I just -- you know, at what level are they going to do that? Are they going to cut it down? Are they going to build it up? I just don't know. I mean if you want a sidewalk, we are more than happy to do that. Bird: How much footage -- I didn't look at the site, but how much footage are you going to have there between your right of way and the start of the parking lot? Miller: Anna, I can't read that. What is -- Bird: I can't -- how far? Canning: The required landscape buffer on an entryway corridor is 35 feet. Bird: Thirty-five? Miller: Thirty-five is what we will have. Bird: So, if you put in landscaping there and, then, run a five foot meandering sidewalk -- De Weerd: Eight foot. Canning: Ten foot. Bird: Ten foot. Ten foot. Wow, we are getting wide. I think I can drive my golf cart. De Weerd: No, you can't. Bird: I don't see how we couldn't -- with your elevation and your landscaping could take care of that elevation if and when they redo the road. And your sidewalk can up -- I Meridian City Council November 28, 2006 Page 37 of 48 mean they have done it all along Eagle Road down towards Eagle in those two subdivisions. And I'm like Tammy -- or Mayor, I just feel that we really -- we need to have sidewalks there. I think you guys are the type that would do that. Miller: Madam Mayor, Councilman Bird, we don't have a problem with that. I mean if -- my understanding is the sidewalk can be within the landscape, the 35 feet. I mean if that's what the deal is, we will put it in the 35 feet and we will make it work. Bird: Good. I think it's -- Miller: But you're going to have to have lunch with Mr. Van Auker and tell him I fought hard, okay? Bird: We wanted to have one, so we will. De Weerd: We will go walk on his sidewalk when it's built. Miller: That would be great. De Weerd: We can walk down to -- Rountree: And count the pedestrians. Miller: In the 12 years I have been there I have seen three pedestrians, so -- De Weerd: There is a reason for that. Miller: It's dangerous. De Weerd: It's scary. Miller: In fact, I have gotten to the point where Iwon't -- when I leave our office, I will not turn onto Eagle Road, there is that little illegal road that's someone cut in -- Bird: I was just going to say -- Miller: -- that Mr. Van Auker cut in right -- where is it? It comes right up there. And I will tell you, it's been a God send, because we used to see, quite honestly, five or six accidents a week right along here -- not just from people pulling out here, but just this whole area, but with the insulation company, with John Deere Landscape, and with YMC and us, everyone uses this access right here and even though it's illegal and -- yeah, it works out great. Anyway, I don't want to take anymore of your time. Thank you very much. De Weerd: Thank you. Plug your ears. And, Dean, will you strike that from the record. Okay. Council -- oh, this is a Public Hearing. Is there anyone who would like to provide • Meridian City Council November 28, 2006 Page 38 of 48 testimony on this application? Okay. Council, is there any further information you need for this application? Bird: Madam Mayor, other than a statement. I am so glad to see this property getting developed and it's a beautiful office building. De Weerd: Thank you. Do you have a motion? Bird: I would make a motion that we close the Public Hearing for RZ 06-010. Rountree: Second. De Weerd: Okay. I have a motion and a second to close the Public Hearing on Item 13. As those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve RZ 06-010 from I-L to C-G and that on the east side between the parking lot and right of way of road that within the landscaping that we have ten foot of sidewalk and that we have -- that we eliminate the east side cut-through to the following property. I beg your pardon? Rountree: West side. Bird: West -- oh, west side. I'm sorry. Yeah. The east side of the existing, west side of the new. Am I clear there? De Weerd: Uh-huh. Bird: Anna, am I clear? Rountree: The cross-access. Bird: The cross-access, eliminate it. Canning: Yes, sir. And you wanted the ten foot landscape buffer? Bird: No. The five foot landscape buffer. Canning: Okay. That's the only one I -- so, without the requirement for cross-access and with only a five foot landscape buffer? Meridian City Council November 28, 2006 Page 39 of 48 Bird: And a ten foot sidewalk within the 35 foot of -- Borton: Second. De Weerd: Okay. I have a motion and a second to approve Item 13 with the changes as noted. 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 14: Public Hearing: CUP 06-031 Request for a Conditional Use Permit for lighted fields adjoining a residential district for Heritage Middle School by Joint School District No. 2 - 4990 North Meridian Road: Item 15: Public Hearing: VAR 06-021 Request for a Variance from UDC 11-3A- 11 C3 to install light fixtures with exposed bulbs for the ball fields for Heritage Middle School by Joint School District No. 2 - 4990 North Meridian Road: De Weerd: Thank you. We will tell him you fought hard. Okay. Item 14 is Public Hearing CUP 06-031 -- Canning: Madam Mayor, before the applicant leaves, can I check the staff report for something just briefly? De Weerd: Yes. I will make my comments. Mr. Bird, City Council gets all these fun things in their drawers and I don't, so -- Bird: Here. De Weerd: No, I don't want them, that's -- Bird: I don't want to hear you crying. I don't need it. Canning: Madam Mayor, Members of the Council, we are good. I just -- I wanted to check the Findings to make sure we said it was consistent with the Comprehensive Plan in some form, so that was all. De Weerd: Thank you. Okay. I did open the Public Hearing. Do I need to open 15 along with it? Bird: Yeah. De Weerd: Yes? I will open Item 16, VAR 06-021 as well. Meridian City Council November 28, 2006 Page 40 of 48 Canning: Madam Mayor, Members of the Council, this is the Heritage Middle School project. It is located on the northeast corner of Meridian Road and McMillan Road. The applications before you tonight are for a Conditional Use Permit and a variance. Joint School District No. 2 has applied for this Conditional Use Permit to allow lit ball fields adjoining a residential district. Additionally, they have applied for a variance to the requirement that the light fixtures not have exposed bulbs for the ball field lighting. This is a close up of the adjoining property. If you have questions about how many adjoining neighbors -- the ones for -- to the north are just preliminary plat. The one for Saguaro are platted. This is the site plan. So, the ball fields are generally on the eastern half or kind the central portion, but the lit fields are in the central area in particular, so the two red arrows show the fields that will have the lights. The Commission did recommend approval of this project at their November 2nd, 2006, hearing. Scott Hensen from Lombard Conrad Architects spoke in favor of the application. No one spoke in opposition or commented and there was no written testimony. The key issues by the Commission, there were none. And there were no changes to staffs initial recommendation. To our knowledge there are no outstanding issues before Council and we have received no additional written testimonies -- testimony. With regard to the variance findings, there are three findings required. Generally I go through them, so I will go ahead and do that. Basically with regard to the question of whether it grants a right or special privilege that is not otherwise allowed in the district, because of the distance to the residential neighbors, the light out at that boundary is very minimal, it's approximately 500 feet away and it would be 0.0 foot candles adjacent to the residential uses, so the actual light won't spill over. There will, obviously, be a glare from those that folks will be able to see, but staff did believe that the intent of the UDC restriction regarding flood -- flood lighting is being met for the most part. With regard to the hardship, the applicant's statement -- and I know this to be generally true -- is that the cost for having shielded bulbs in a situation where you're lighting ball fields, it is possible. Sometimes they say it's not possible and, then, they will agree, well, yeah, it's possible, it's just very very expensive and I have heard that from other folks, even from folks that are dark sky advocates, they do recognize that it's very expensive to light ball fields without using an exposed bulb. With questions to whether the variance -- by granting the variance it will be detrimental to public health, safety, and welfare, staff did not feel that that was the case. I bring up these findings only because I suspect that you will never see anyone willingly comply with the requirements to have shielded bulbs for a ball field. You have received and granted this request once before and if Council would like to give some direction to staff if they would like to see an exception made specifically for ball field lighting that could be discussed as part of the conditional use application, you still have to do a conditional use if it's adjoining a residential neighborhood, I would just welcome any comments you might have on that, because I suspect you will always receive this request when it comes to lit ball fields,so -- and with that I will end staffs presentation, answer any questions you may have. Bird: Madam Mayor? De Weerd: Yes, Keith. ~ i Meridian City Council November 28, 2006 Page 41 of 48 Bird: Anna, regarding lights, the speedway is a good example of unshielded bulbs, which when they were put in in 1953 they probably didn't have them covered ones, and every time it rains if you're using them, they explode out, they break. I know of a game in the '70s up there that we lost half the lights and they were falling down, thank God we had a track between the football field and the stands. We put in -- we put in in 1987 the lights at the American Legion baseball field and Storey Park, those are shielded. Harold Cox Trust put in the ones at the softball complex at Storey field and I believe they are shielded. I, as one, would never vote for an unshielded light, because I think it's a safety hazard, to be truthful with you. I know they are a little more expensive, but I don't think -- I think when you go -- when you take like almost 20 years like we have had at the -- at the baseball field at Storey Park and we have replaced I believe seven lights in our shielded, if you have an unshielded one you're going to be replacing that many in one summer, if not more. So, I just feel that as a Council that we need to -- for the safety and liability of the kids playing on the field, the fans watching and stuff, they need to be non-exposed light bulbs. They need to be shielded. Canning: Madam Mayor, I suspect we are talking about two -- a little bit different things. I think Ihave a -- I can pull up a diagram on the city code that -- I think I understand where you're going and we can address that, but if I can find the right diagram or if she's got it right -- I think this will help. Bird: And I might have misunderstood you, Anna, too, so -- De Weerd: We can ask the applicant. Anna, I think the -- and these are the same lights that are at Meridian High School football field; right? As well as Mountain View? Okay. Bird: Oh, well, they are shielded. Canning: Yeah. Let me explain what it means. What the no exposed bulb means -- like if this is your bulb, it's got to be up in there so that no part of it, the light, is shining up into the sky, so that it's all shining directly onto the ground. Bird: But, still, if you don't have those covered -- I mean the speedway can't -- don't do it. They are a good example. They have got the nice cover that you screw the big bulb up into, but if you get a driving rain or something and they are hot, you get breakage, because you -- the face of it are not cover. All you're doing is covering the glare. And I don't want to see that at a ball field and he's talking about the lights that are at the football field, the baseball fields, that's covered lights. That's my interpretation. An exposed one is one that has -- yeah, it has a cover over it, but it don't have a complete cover. It don't have the face. The light bulb -- you don't have to take -- you don't have to remove something to get to the light bulb, you just reach up there and unscrew. That's what exposed means. Canning: The UDC is primarily concerned with light going above the horizontal plane, so they try and keep all the light here or down here, instead of anything going up here. Most of the ball field lights are kind of up here and they will get light going up into the • Meridian City Council November 28, 2006 Page 42 of 48 sky. So, that's what the variance is for. It's not -- it's not for the type of shielding I believe you're talking about. But that's a very good -- I wasn't aware of that issue and if that's a change Council wants to see in the code, too, then, that's fine, or we can address it on a case-by-case basis. Bird: Madam Mayor? De Weerd: Yes. Bird: Anna, to me, for this one Councilman, I don't want to see any of those exposed bulbs at one -- at one of our city parks deal and I hope being a taxpayer in the Meridian School District that I don't have to see it there. They are not safe at times. De Weerd: Especially when you're a partner. Would the applicant like to make comment? Hensen: Good evening. Scott Hensen with LCA Architects, at 1221 Shoreline Lane, Boise, representing the Joint School District No. 2, and we have read the staff report and are in agreement with staffs recommendations. I think it -- probably there is a little bit more explanation of what some of the discussion regarding the exposed versus shielded light fixtures are that we are looking at. The ordinances require that lights be shielded from view, so that, essentially, you can't see the light source and the light is emitted in a direct downward motion and in ball field lighting you have an 80 foot tall pole and the only way to light anything flying in the air is to have the light source shining out in a diagonal direction and to my knowledge there is no such light that can conceal the light source in a ball field application. Logically it doesn't make sense that can happen. There are light fixtures that are available in some of these cities that do require dark sky ordinances that, essentially, require twice as many poles and the light pole has about twice as many light sources on them of lower wattage, therefore, the glare is not quite as intense from a distance, but it's still shining outward. There is no way to physically cover that lamp without, you know, casting shadows on the field. So, what we are proposing is a standard 80 foot tall fixture that -- the same type of fixture that is at the high schools and other schools, baseball fields and football fields around the valley. I cannot speak specifically to Councilman Bird's requirement of having a -- like a lens cover over those. It's funny, I have been to so many of these things and an 80 foot tall pole, I couldn't tell you whether or not there is a cover over them, but certainly if that -- if that is an issue, we can look into making sure that those things are covered that way, because if there is an issue with, you know, anything -- water hitting those and breaking them, we don't want that to happen, obviously, either. But there is a shroud over the top of the light to protect them from that, but we would have to look into whether or not there is actually a lens over those. With regard to the location of where they are on the site, if you might be able to go back to the site plan, we have located the -- of course, as you know, the school is under construction right now, the building is getting close to being topped out and they are doing interior finish work now. The parking lot -- well, I found a button. Anyway -- • Meridian City Council November 28, 2006 Page 43 of 48 De Weerd: You just have to push hard down. Hensen: I think the battery is dying. Anyway, the parking lots -- the parking lots are complete. The grading work is virtually done. De Weerd: Here you go. Hensen: Okay. Have to be smarter than the pen. The grading work in this area is complete. All the utilities are in and the underground irrigation is currently being installed out in this area. So, what we did is we chose the two ball fields that are probably the most remote from any of the residences around the perimeter, so as you can see, we have got four light pole standards on each of these two fields. These fields here would be unlit. We have also included, at the recommendation of the fire department, is we have got an access -- a 20 foot wide paved access that comes off of our fire access lane that goes around the perimeter of the building that will come into this area and do a hammerhead turn around with access that it will allow them to be able to get back into this area a little bit easier in case of an emergency, so that will be installed as part of this project as well, that came out of the review. So, with that I will be happy to stand for questions. De Weerd: Okay. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Scott, I will invite you -- I think next month or so we are going to change some lights and have a 105 foot lift out there and I'd invite you to go up with me and, then, you can see what they look like. De Weerd: You change light bulbs? Bird: No. I send my kid up. But, anyway, why do you need 80 foot -- those are softball fields, they are not baseball fields. Why do you need 80 foot? That's a baseball field. A softball field, I think if you will go measure the ones that Harold Cox -- and to my knowledge that's been very sufficient -- are only 40 feet, if that. Hensen: Uh-huh. Bird: Why would you do that? And, then, in another reason -- you know, I have a philosophy -- I have no problem with the variance or anything and what you're asking, I have -- I have a problem with why we want to put lights out there when that school don't even have a softball team. Hensen: That probably can't be a question that's being asked of the applicant -- Meridian City Council November 28, 2006 Page 44 of 48 Bird: No, it is not. Hensen: The height, (believe --and I'm not an electrical engineer. However, from what I have understood in talking to the electrical engineer, is preferably the higher that you can go the more downward angle that you can have in the lighting of the fields. The lower obviously more direct outward light that you have to have, so I think that's in an attempt to lower the foot candles around the perimeter and the photometric analysis shows that we submitted, we do have zero foot candles at the property line, but it is -- it's right at the north property line. I mean those foot candles go to zero right as they hit that property line. So, I think anything lower would direct that light further out and we'd probably have a difficult time controlling the foot candles at that property line. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: But, Scott, the only problem -- you know, you're basically going to be using those fields in the summer; am I not right? Hensen: Yes. Bird: You don't see the school using it, because you're getting -- the high school is getting new softball fields or new softball fields being built at Rocky Mountain, they have got softball fields at Mountain View, and really and truthfully until about 10:00 o'clock you don't have to light up. We have had legion games go where we have never had to turn the lights on in the summertime, if they go fast, so I don't -- De Weerd: Mr. Bird? Bird: Yes. De Weerd: I know with the girls fast pitch, they do plan on doing high school softball tournaments there and those girls play in the spring. Bird: Yeah, but -- I realize they play in the spring and they maybe will use it how often? What I'm getting at is I don't -- I don't think 40 foot lights, no more than they will be used, is going to be offensive to the neighbors and when you can put them up for about 60 percent of the cost of the 80 footers, I think that you need to seriously look into that. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: I think one of the things that -- the concern Councilman Bird brings up and I see the conditions of approval -- and I'm sure it's probably the district's intent, for an approval of not to exceed 80 feet -- I don't know if that determination has really been t~ Meridian City Council November 28, 2006 Page 45 of 48 • made, but the primary concern needs to utilize effective lighting that at the foremost minimizes the impact on the adjoining neighborhood, that every effort been made and will be made to be sure that that takes place. So, if that can be accomplished with 80 feet and that reduces the impact on the neighbors, then, that's in everyone's best interest, so to the extent that the issue before the Council today in regards to conditional use and the variance with regards to lumen output, I don't have a problem with that either. I think the district is focused on the right concern with regard to lighting. De Weerd: Okay. Any other questions from Council? Hensen: Thank you. De Weerd: Thank you. This is a Public Hearing. It may seem like a -- just a question I have to ask. It is. Is there anyone else who would like to provide testimony on this application? Thank you. If the applicant has no further comment, Council, I would entertain a motion to close. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move we close CUP 06-031 and VAR 06-021. Rountree: Second. De Weerd: Okay. I have a motion and a second to close Items 14 and 15. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item 14, CUP 06-031. Borton: Second. De Weerd: Okay. I have a motion and a second to approve Item 14. Is there any discussion? Hearing none, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Thank you. Item 15. Meridian City Council November 28, 2006 Page 46 of 48 Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move we approve Item 15, VAR 06-021. Borton: Second. De Weerd: Okay. I have a motion and a second to approve Item 15. If there is no discussion, Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: If I might just briefly. Staff asked for some direction based on variance and I had some comment some specific lighting options for ball fields and playing fields. I -- my preference would be, at least to leave some recognition in the conditional use process that would allow citizen input if -- a lot of these that we see we don't have residential input, because there aren't -- in this application there are no residences near that. We don't have a dark sky ordinance, but those are things that may happen in the future and our current code, at least, allows for their input to do that. So, that would be my -- my preference. Canning: But keep it as a variance; correct? Yeah. Okay. Item 16: Ordinance No. 06-1278 U-Turn Prohibition Ordinance: Item 17: Ordinance No. 06-1279 :Fire Code Amendment Ordinance: Item 18: Ordinance No. 06-1280 :Ordinance Creating Meridian Arts Commission: De Weerd: Thank you. Okay. Mr. Berg, what are our ordinance numbers? Bird: 1278, 1279, and 1280. De Weerd: Okay. Item 16, ordinance 06-1278, Item 17, 06-1279, and 18, 06-1280. Mr. Berg, will you, please, read these three ordinances by title only. Meridian City Council November 28, 2006 Page 47 of 48 Berg: Thank you, Madam Mayor, Members of the Council. Ordinance 06-1278, an ordinance amending Title 7, Chapter 1, Section 8, Meridian City Code, regarding making u-turns within the City of Meridian and providing for a waiver of the reading of the rules and providing an effective date. Berg: Ordinance 06-1279, an ordinance amending Title 10, Chapter 4, Section 2, of the Meridian City Code, regarding the fire prevention code floor control valves, providing a savings clause and providing for a summary and providing for a waiver of the reading of the rules and providing an effective date. Berg: Ordinance 06-1280, an ordinance amending Title 2, Chapter 5 to the Meridian City Code regarding a statement of purpose, definitions, establishing an arts commission, membership, terms, vacancies, and authority, organization, powers, duties, and responsibilities and providing a savings clause and providing a waiver of the reading of the rules and providing an effective date. De Weerd: Okay. Council, you have heard these ordinances read by title only. Is there anyone in our public who would like to hear them read in their entirety? Any of them. Thank you. Nary: Madam Mayor? De Weerd: Yes. Nary: I don't want to hear them in their entirety, but Mr. Berg did point out there is a duplication of a line in the arts commission ordinance, it's in Section 2-5-4 under organization. In Subsection B, the last sentence says the clerk shall keep an accurate record of all proceedings of the commission. It doesn't define which -- whether that's a city clerk or the clerk of the commission or a staff member, but it's already required in subsection D that the commission shall keep all minutes. So, I'd ask the Council, if you choose to approve this ordinance, that you also include in the motion to delete that one line out of 2-5-4B. 2-5-4B. Bird: Madam Mayor? De Weerd: Okay. Yes, Mr. Bird. Bird: I move we approve Ordinance 06-1278, 06-1279, and 06-1280 and with 80 we change -- we delete the last item -- or the last line on item 2-5-4, Section B. Rountree: Second. De Weerd: Okay. I have a motion and a second. Bird: Oh, with suspension of rules. Meridian City Council November 28, 2006 Page 48 of 48 De Weerd: Thank 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. De Weerd: Thank you. Council, we are at the end of our agenda. We do have go-carts reserved for the parade for your enjoyment, except Mr. Bird, of course. He's more important than the rest of us. Bird: It's a humbling honor, I tell you. It's fantastic. Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Anna, I want to compliment you and your staff on these reports we have been getting. They certainly help me and I thank you for the work your staff and yourself is putting into these reports. It certainly makes our job a lot easier up here. Rountree: I second that. De Weerd: Third, fourth, and fifth. Okay. Very good. Do I have a motion to adjourn? Rountree: So moved. Bird: Second. De Weerd: All those in favor say aye. MOTION CARRIED: ALL AYES. De Weerd: Thank you. MEETING ADJOURNED AT 9:29 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: _ ~~ ~~ ~.~~ ~' 1 ~ 2, d T MAYOR MY DE WEERD DATE APPROVEQ / ~ . _ ATTESTED: `~~~~~ WILLIAM G. BERG JR.; /~\\\`~,, tl 11 li ~~;~~~ / ~ o, , r ~ E°, ~.. ~~ !!llldddlll Ilf1\11~0 Navember 22, 2006 MI 06-00$ MERIDIAN CITY COUNCIL MEETING November 28, 2006 APPLICANT W.H. Moore Company ITEM NO. 5•A REQUEST Addendum to Development Agreement -Request for a MI Application to amend previousiy approved DA (AZ 03-025 by removing a provision requiring all future development to be subject to a site specific CUP or PD for entire property for Blve Mmltn - nwc of Ustick 8~ Eagle AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See crltathed 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: Confiacfied: ~)C~CL(~~O~ri ,~~GL~ Date: ~ 22. Q~ Phone: 3?3~ 191°t Emailed: _ i. S~ e~ ~~I~ l~,~rl-,, ~y~ Sta Initi Is: ftltaterials presented at publk me®M~a shall become properly of the City of Medan. .~ ADA COUNTY RECORDER Jjp NAyARRO AMOUNT .00 BOISE IDAH012J08/08 03: DEPUTY NeavaHaney IIIIIII'IIIII'IIIIIIIII'I'II'II'I~'II RECORDED-REQUEST OF l Meridian Cily i ~~ i ~ i ~~3~ BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF ) NOTICE OF MI-06-08 ) SUMMARY OF ACTION REQUEST TO AMEND ) TAKEN BY DEVELOPMENT AGREEMENT ) MERIDIAN CITY COUNCIL Whereas, on the 24th day of October, 2006, the Meridian City Council, in open session, held a public hearing and approved an application to amend that certain Development Agreement (instrument # 105048793 recorded on April 21, 2005) and the Addendum to that Development Agreement (instrument # 106060856 recorded on April 20, 2006). Whereas, subsequent to the execution of the above-referenced Development Agreement and Addendum, a portion of the subject property, legally described in Exhibit "A" attached hereto (referred to herein as the "Kohl's Parcel"), was sold and is no longer under the ownership of the original Owner/Developer (the applicant in MI-06-008). Whereas, pursuant to the decision of the Meridian City Council for MI-06- 008, new Development Agreement provisions were adopted on a portion,of the subject property. The Kohl's Parcel was not affected by the new development standards adopted as the result of MI-06-008. Whereas, to provide for an orderly administration of the Development Agreement provisions adopted in MI-06-008, a new Development Agreement was created, identified as instrument number ~Q~j / G~ t{ 3 p ,r dated November 16, 2006 and approved on November 2006. The new Development Agreement only affects the portion of the subject property not sold to Kohl's. Whereas, no change has been made to the Development Agreement provisions that affect the Kohl's Parcel, and the development of the Kohl's Parcel continues to be governed by the provisions of the Development Agreement and Addendum identified in the first paragraph above. BY• c DATED: l2 ' $ - ~ William G. Berg, Jr. ity Clerk Summary of City Council Action for DA on MI-06-008 Page 1 of 2 r STATE OF IDAHO ) ss County of Ada ) On this ~tr' day of I~SOY~rY??k~x" , 2006, before me, a Notary Public, personally appeared William G. Berg, Jr., know or identified to me to be the City Clerk 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. 's®~so~e • G '• ~. • (SEAL); ~; °O~~ ` ~: . . ~,';° ~ • ~ a r e ® o e f ~ i e ., o 6 co '~` ~~4 ®~~~~ ` ~ m ~•^L'®y Summary of City Council Action for DA on MI-06-008 ~~ Notary Public for Idaho Residing at: ~ ~ 1 1 1 l~ Commission expires: ~p_1 ~ • ~ Page 2 of 2 i. ^^ ^^ quadrant November 17, 2006 Consulting, Inc. Page l of 2 CENTREPOII9TE PROTECT BOUNDARY tract of land being all of Parcels X, Y and Z as showxf on Recordaf Survey Number 7615, Instrument Number 106167453, records of Ada County, situated in the Southeast %4 of Section 32, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly descn'bexl as follows: Commencing at the Southeast corner of said Section 32; thence along the South line of said Section North 89°44'39" West 1328.23 feet to the East If16~ Coaeer common to said section 32 and to Section 5, Township 3 North, Range 1 East; Boise Meridian; thence leaving said South line North 0©°29'45" East 38.00 feet along the West line of said East %Z to the North.Right-Of-Way line of East i~sticlt Road being the POINT IDF BEGgl~1V'ING; thence continuing along said West line North 00°29'45" East 1333.87 feet; thence continuing along said. West line North UO°29'45" East 113.56 feet, thence North 28°00'31" West 238.36 feet point on the East line of Chmmpion Forks Subdivision - Number 3; thence along said east line the following four courses, thence North 25°D8'Ol" West 25.02 feet, thence North 44°52'43" West 99.34 feet, thence North 31°39'43" West 201.40 feet, thence -North 47°39'43" West 44.31 feet to a point oa the South line of Tasmine Acres S~livision; thence along said South line, South 89°4fi'S3" F.,ast 134A.50 feet, thence leaving said South line South 00°30'07" West 22SA0 feet, thence South 89°46' I S" East 290.50 feet leaving said S-outherly boundary to a point on the Nest Right-Of- Wayline of North Eagle Road, thence South (}0°30' 19" West 386.98 feet along said West Right-E~f-Way line, thence conttinuing along said West Right-0f--Way line South 00°30' 19" West 632.22 feet; thence South 01°50'49" West 671.b4 feet; thence South 46°02'29" West 43.16 feet to said Alorth R i glut-Of-~Vay line of East -tl~sticlc Road; thence along said Nort1- Right-•Of-W~.y line North 89°44'39" West 18637 feet to a point on the East line of a parcel of land described in a C'rrant Teed, 7nstrur~lent Nurrlber 106076267, and sht~wn as Parcel "B" on a Prpperty Line Adjustmexrt Survey, Record of Survey Number 7372, Instrument Number 106070944, re+eords of Ada County; thence tracing the East, North and West boundaries of said Parcel B" 1904 W. Overland • Boise, !d 83705 • Phone {~j 342-~91 • Fax {~j 342-0092 • : quadrantC~quaatrant.cc Clvlt P~g~eer3r~g • sexveyirrg • Corastrucl~ton Maraagerraent a ~~ ^^ Quadrant Consul#ing, tnc, November 17, 2006 Page2of2 North 00°00'52" East 359.26 feet; thence South 89°59'56" West 181.53 feet; thence North 46°31'46" West 104.54 feet; thence - North 00°00'04" Nest 28.58 feet; thence North 89°59'53" West 205.85 feet; thence South 00°()0'04" East 65.17 feet; thence South 89°59'Sb" West 289.65 feet; thence North 04°00'08" East 13'~.~ feet; thence North 89°59'26" West 10526 feet; thence South 00° 15'21" West 512.46 feet to said North Right-Of-Way line of East Ustick Road; thence along said North Right-Of-'nVay line North 42°46'09" West 10.99 feet; thence North 89°44'39" West 39.00 feet; thence South 43°16'51" West 41.04 feet; thence North 89°44'39" West 135.44 feet to the POINT OF BEGINNING - Said. tract contains 2,182,151 square feet or 50.10 acres, more or less. ~a~EVI R V4` .1904 W. Overland • Boise, tD 83705 • Phone (208j 342-009 t • Pmc 1208j 34Z-Ot192 • 11: quadrant~qua~antcc Civic Engineering • St~veyang ~ Construe#an Management • ADA COUNTY RECORDB~DAVID NAVARRO AMOUNT .00 73 BOISE IDAH012108/08 3 PM DEPUTY Neava Haney 1 RECORDED-REQUEST OF ~II II~II~~III'~'I~I~~~~~I~~~~~~ N I ~~~ Meridian City i ~i~ i ~ 13~i5 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Blue Marlin Investments, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this ~6~ day of /(love rr+.d~. , 2006, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY', and Blue Marlin Investments, LLC, an Idaho limited liability company (formerly Winston W. Moore), whose address is 1940 Bonito, #160, Meridian, Idaho, 83642, hereinafter called "OWNER/DEVELOPER". 1. RECITALS: 1.1 WHEREAS, Owner/Developer isthe sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Properly; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of the Meridian Unified Development Code, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for modification of the Development Agreement recorded as instrument # 105048793 on Apri121, 2005 and the Addendum to that Development Agreement recorded as instrument # 106060856 on Apri120, 2006.; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested modification of the Development Agreement and Addendum to the Development DEVELOPMENT AGREEMENT (MI 06-008) BLUE MARLIN PAGE 1 OF 12 i • Agreement of the subject Property held 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 24th day of October, 2006, has approved the request for a modification to the Development Agreement (instrument # 105048793) and the Addendum to the Development Agreement (instrument # 10506856) as set forth in this Development Agreement; and 1.8 WHEREAS, a portion of the property referred to in the original Development Agreement (instrument # 105048793) and the Addendum to that Development Agreement (instrument # 106060856), known as the Kohl's Property is not a part of this Development Agreement as stated in the attached Summary of Action, dated the $'~~ day of ~~2 06 (exhibit "B"). 1.9 OWNER/DEVELOPERdeerns 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 Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re-zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. DEVELOPMENT AGREEMENT (MI 06-008) BLUE MARLIN PAGE 2 OF 12 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Blue Marlin Investments, LLC, whose address is 1940 Bonito, #160, Meridian, Idaho, 83642, the party developing said Property and shall include any subsequent developer(s) or owner(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned C-G (General Retail and Service Commercial District) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Unified Development Code codified in Table 11-2B-2 and herein specified as follows: a) Principally permitted uses on the subject property shall be allowed without Conditional Use Permit approval, provided all future buildings have: 1) Front facades that incorporate windows, modulations in the fagade, and roof line recesses and proj ections along a minimum of 20 percent of the length of the facade; 2) At least two changes in one or a combination of the following shall be incorporated into the building design: color, texture and materials. 3) Exterior building walls shall demonstrate the appearance ofhigh-quality materials of stone, brick, wood or other native materials. Acceptable materials include tinted or textured masonry block, textured architectural coated concrete panels, or stucco or stucco-like synthetic materials. Smooth-faced concrete block, tilt-up concrete panels, or prefabricated steel panels are prohibited except as accent materials. DEVELOPMENT AGREEMENT (MI 06-008) BLUE MARLIN PAGE 3 OF 12 • i 4) All ground level and roof top mechanical equipment shall be screened from view. If a future proposed building is not consistent with the above-mentioned provisions, then the building and use shall be required to obtain Conditional Use Permit approval prior to construction and operation. b) Future construction on the subject site shall be generally consistent with the Master Site Plan submitted with MI-06-008, as determined by the Planning Director. All lots with frontage on Eagle Road, and all lots that border the western and northern property boundaries shall contain freestanding buildings. If a future proposed building is not generally consistent with the Master Site Plan, then the building shall be required to obtain Conditional Use Permit approval. c) The following uses shall not be allowed on any lot adjacent to the western or northern property boundary (shown on the Master Site Plan (pads 9-18, 21-24 and the Family Center) that borders a residential district, including the County RUT district: * Outdoor arts, entertainment or recreation facility * Outdoor stage, music venue, arts, entertainment or recreation facility * Cemetery * Church or place of religious worship * Fuel sales facility, truck stop * Hotel and motel * Industry, information * Industry, light * Multifamily development * Mortuary * Nursery or urban farm * Recreational vehicle park * Storage facility, outside * Temporary use * Vehicle sales or rental and service * Vehicle washing facility, unless as an accessory use on Lot 8, Block 1 Centrepointe Subdivision) * Wireless communication facility and/or tower * Wireless communication facility, amateur radio antenna d) That all future buildings on the subject property will be required to submit a Certificate of Zoning Compliance (CZC) application prior to construction. And all DEVELOPMENT AGREEMENT (MI 06-008) BLUE MARLIN PAGE 4 OF 12 future buildings adjacent to Eagle Road and Ustick Road will be required to obtain Design Review approval prior to construction. 5. CONDITONS GOVERNING DEVLEOPMENT OF SUBJECT PROPERTY: Owner/Developer shall develop the Property in accordance with the following special conditions: a) All future uses on proposed lots or parcels within the annexation area shall be required to comply with the amended Section 4 of the Development Agreement and the City's Unified Development Code b) The Developer shall provide a public or private road located as generally shown on the concept plan. c) Five pedestrian walkways that connect the lots adjacent to Eagle Road and the main shopping area shall be included with this development. These walkways shall be generally located as shown in the submitted Master Site Plan and shall be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks. The walkways shall be constructed prior to occupancy of any adjacent building. d) Three public/pedestrian gathering areas shall be generally located as shown in the submitted Master Site Plan. These gathering areas shall be constructed of steel, wood, brick, stucco or other similar materials and shall provide between 200- 400 square feet of covered gathering space. The gazebos for the gathering areas shall be consistent with the elevations attached as Exhibit "C" and Exhibit "D". The gathering areas shall be constructed prior to occupancy of any adjacent building. e) Exclusive of any public street or driveway stub, a 25 foot wide landscape buffer designed in accordance with UDC 11-3B-9 shall be constructed adjacent to Jasmine Lane along the northern boundary of the subject property (including pads 21-24 and the Family Center as shown on the Master Site Plan). This landscape buffer shall include a berm and six foot solid fence. In addition to the landscape buffer, trash compactors or loading docs shall be prohibited along the north side of any future buildings located along the northern boundary of the subject property. f) The west elevation of buildings located on the east side of the proposed North Centre Point Way (buildings designated as A, C, F, G, H, K, L, M on the Master DEVELOPMENT AGREEMENT (MI 06-008) BLUE MARLIN PAGE 5 OF 12 • . Site Plan) shall contain architectural elements and enhancements including but not limited to, variations in the materials, colors, and facades that help to soften the appearance of these westerly elevations which are visible from, the proposed public street, North Centre Point Way. These variations shall account for a minimum of 20 percent of the facade. All trash compactors, docks, or loading areas along these elevations shall be fully screened. g) Buildings identified on the Master Site Plan as Retail A, C, H, K, M shall have architectural elements and landscaping features that break up any long facade or wall that faces a main drive aisle or parking area. These architectural elements shall include at least two changes in materials or colors, and some modulation in the facade, including but not limited to, columns, cornices, extrusions, glass or other architectural enhancements. h) Future buildings along the western and northern propertyboundaries (pads 9-18, 21-24 and the Family Center) as shown on the Master site Plan, shall not exceed 35 feet in height. i) Issuance of a building permit shall be deemed approval of the related plans with respect to the design restrictions of this development agreement. 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the Owner/Developer or Owner/Developer's heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is effective, and after the City has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. This shall not be construed as a requirement that construction of all buildings within the Properly be completed within suchtwo-year period. 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: Owner/Developer consents upon default to the reversal of the zoning designation of the Property subj ect to and conditioned upon the following conditions precedent to-wit: 7.1 That the City provide written notice of any failure to comply with this Agreement to Owner/Developerand ifthe Owner/Developerfails to cure such failure within six (6) months of such notice. DEVELOPMENT AGREEMENT (MI 06-008) BLUE MARLIN PAGE 6 OF 12 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the City that apply to said Development. 9. DEFAULT: 9.1 In the event Owner/Developer, or Owner/Developer'shefrs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be modified or terminated by the City upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of City or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owner/Developer's cost, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection withthe re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 In the event of a material breach of this Agreement, the parties agree that City and Owner/Developer shall have thirty (30) days after delivery of DEVELOPMENT AGREEMENT (NII 06-008) BLUE MARLIN PAGE 7 OF 12 notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure maybe extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code, to insure that installation of the improvements, which the Owner/Developer agree to provide, if required by the City. 14. CERTIFICATE OF OCCUPANCY: The Owner/Developer agree that no Certificates of Occupancy will be issued until all improvements are completed, unless the City and OwnerlDeveloper has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 15. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian and the Property shall be subject to de- annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: DEVELOPMENT AGREEMENT (MI 06-008) BLUE MARLIN PAGE 8 OF 12 CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 OWNER/DEVELOPER: Blue Marlin Investments, LLC 1940 S. Bonito Way. #160 Meridian, Idaho 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. 1 ~• ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer oftheProperty, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer have fully performed its obligations under this Agreement. DEVELOPMENT AGREEMENT (MI 06-008) BLUE MARLIN PAGE 9 OF 12 2D. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21 • FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subj ect matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (MI-06-008 BLUE MARLIl~ PAGE 10 OF 12 ~ ~ ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: BLUE MARLIN INVESTMENTS, LLC B Winston o CITY OF MERIDIAN BY: / Mayor T Weerd Attest: I~-- - William G. Berg, Jr., Ci Clerk ' ~ a Y~~ c ~~~~ _ _ ~ , _ ~' ~isOr////1l1f19i1 I111,,,~`~;~~AOA DEVELOPMENT AGREEMENT (MI-06-008 BLUE MARLIN) C ~ C~nGvG 1128-06 PAGE 11 OF 12 STATE OF IDAHO ) . ss: County of Ada, ) On this l ~~= day of NO V~b eX , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared Winston W. Moore, known or identified to me to be a member and authorized representative of Blue Marlin Investments, LLC, and he acknowledged to me that he executed the within instrument on behalf of said limited liability company, and that said limited liability company 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. (~ ~ \~~~~`~L~~AZ\E L 0/gS ~~i~ii (SEAL) `\\\ ~'•.~~~...~~••0~~~' . ~•. • NpT~ ' Y *' _ ~•~ :* ~. PUBLIC ?~ . STATE OF IDAHO ) ss County of Ada ) ~t~, b~ Notary Public for Idaho Residing at: n ~ ~p j ~,~ ~,~ My Commission Expires: ~ ~ _ ~ 3 , 2, • ~ 2 ~ this ~.$w' day of _ NpYe..,,rn bC,r , 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. ,,...... (SE ®~ A,R y: ~,,` ' ~ Notary Public for Idaho H~; ,~ `~l Residing at: . 1~ Commission expires: ~V-~ ~-~ ~ e . ~ ~~ ~ s Oe~.A A ~ O;••. '~O DEVELOPME~'~ A' r~EEMENT (MI-06-008 BLUE MARLIl~ PAGE 12 OF 12 ~~ ^^ Quadrant November 17, 2006 Consulting, Inc. Page i of 2 CENTREPOINTE PROJECT BOUNDARY A tract of land being all of Parcels X, Y and Z as shown on Record.of Survey Number 7618, Instrume~at Number 106167453, records of Ada County, situated in the Southeast %4 of Section 32, Township 4 Nord, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly descn'bed as follows: Commencing at the Southeast corner of said Section 32; thence along the South line of said Section NortT~. 89°44'39" West 2328.23 feet to the East 1l16~' Caner common to said section 32 and to Section 5, Towmship 3 North, Range 1 East, Boise Meridian; thence leaving said South line North 00°29'45"East 38.00 feet along the West line of said East %Z to the NorthRight-Of-Way line of East Ustick Road being the POIl~]T O>F IaEGINNII<TG; thence continuing along said West line North 00°29'45" East 1333.87 feet; thence continuing along said West line North 00°29'45" East 113.56 feet, thence North 28°00'31" West 238.36 feet point an the East Line of Champion Parks Subdivision Number 3; thence along said east line the following four courses, thence North 2S°08'01" West 25.02 feet, thence North 44°52'43" West 99.30 feet, thence North 31°39'43" West 201.40 feet, thence North 47°39'43" West 44.31 feet to a point on the South line of Ja~f*~e Acres Subdivision; thence slang said South line, South 89°46'S3" ]?.ast T 34A.S0 feet, thence leaving said South line South 00°30'OT' West 225.00 feet, thence South 89°46' 15"East 29050 feet leaving said. Southerly boundary to a point an the WestRight-Of- Way Iine of North Eagle Road, thence South 00°30' 19" West 386.98 feet along said West Right-Of-Way line, thence continuing along said 'hest Right-Of-~Vsy line South 00°30' 19" West 632.22 feet; thence South O1°SO'49" West b71.64 feet; thence South. 46°02'29" West 43.16 feet to said North R fight-Of-Vijay Iine ofLast T.l'sticl~ Road; thence slang said North Right •Of-Way line North 89°44'39" Wcst 186.37 feet tc~ a gain[ an the East line of a parcel of land descn`bed in a ('Trent Teed, Instrument Number 106076267, and shown as Parcel "B" on a Property Line Adjustment Survey, Record of Survey Number 7372, Instrument Number 106070944, records of Ada County; thence tracing the East, North and West boundaries of said Parcel B" .1404 W. Overland • 8o~e, lb 83705 • Phone (2081342-0091 • Fax (2o8J 34g-ppg2 • I~a~: quadre~nt~quadrant.cc C1v~ Ertglneering • Swveying • Constrvctlon Marrtagernenf ~~ ^^ Quadrant Consuiting,~inc. November 17, 2006 Page Z of 2 North 00°00'52" East 359.26 feet; thence -South 89°59'56" West 181.53 feet; thence North 46°31'46" West 104.54 feet; thence North 00°0(1'44" West 28.58 feet; thence North 89°59'53" West 245.85 feet; thence South 00°{30'44" East 65.17 feet; thence South 89°59'56" West 289.65 feet; thence North 04°00'08" Past 137.66 feet;. thence North 89°59'26" Nest T0526 feet; thence South 00° 15'21" West 512.46 feet to said North Right Of-~Vay line of East ~Elsfick Road; thence along said North Right Of-Way line North 42°46'09" West 10.99 feet; thence North 89°44'39" West 39.04 fee#; thence South 43°16'51" West 41.04 feet; thence North $9°44'39" West 135.44 feet to the POII•lT OF BEGINNIl~TG. Said tract contains 2,182,151 square feet or 50.14 acres, more or less. ~~Vi R V~~, ~ ~.... J 904 W. Overland • Boise, f©83705 • Pitons (208} 342- t • f-ax 01342-0092 • txrtas: c~adranf®quadrant cc Civil Engineering • Surveying • Consit~t~c#fan Mar+~ement _ ~ a ~~ ~ ~ N_ I a~ ~ N W ~ ~ ~~ ~ YLL 3 ~ ' I~ ~i ~~ f ~ ~~$ W ~ ~ ~ ~. a 1 1 1 •~~t i ~ ~ X ~ ~' I II t ~~ ~ ~ ® a~~ i ~ ~_ ~ ~~ e ~~ ar b ~~ I ~~ I ~~ ,3 `I. I. ~~ ~ ~~ i ~~ ~~ ®vA~ a ~~ ~H ~~ 8~ ~~ ~. -~ ~a ^~~i 3' ~ ~~~ b b ~~ 8 ~~ ~~..pp y `i ~~ ~~~~ ~~~` a ~ ~~ °~ a u `~ ~ ~~ ~~ ~~ U 0 4 cam. ~.~ ~~u _ ~„ a„~, ~avoa _ w.rrora ~ sass _ _- _ c~Yt ~ - - i _.__ - _ _ aimxasa~ ~~ `~ MERIDIAN PUBLIC WORKS DEPT.. a ~~gg s~ CJ BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF ) NOTICE OF MI-06-08 ) SUMMARY OF ACTION REQUEST TO AMEND DEVELOPMENT AGREEMENT TAKEN BY MERIDIAN CITY COUNCIL Whereas, on the 24th day of October, 2006, the Meridian City Council, in open session, held a public hearing and approved an application to amend that certain Development Agreement (instrument # 105048793 recorded on April 21, 2005) and the Addendum to that Development Agreement (instrument # 106060856 recorded on April 20, 2006). Whereas, subsequent to the execution of the above-referenced Development Agreement and Addendum, a portion of the subject property, legally described in Exhibit "A" attached hereto (referred to herein as the "Kohl's Parcel"), was sold and is no longer under the ownership of the original Owner/Developer (the applicant in MI-06-008). Whereas, pursuant to the decision of the Meridian City Council for MI-06- 008, new Development Agreement provisions were adopted on a portion of the subject property. The Kohl's Parcel was not affected by the new development standards adopted as the result of MI-06-008. Whereas, to provide for an orderly administration of the Development Agreement provisions adopted in MI-06-008, a new Development Agreement was created, identified as instrument number dated November 16, 2006 and approved on November 28, 2006. The new Development Agreement only affects the portion of the subject property not sold to Kohl's. Whereas, no change has been made to the Development Agreement provisions that affect the Kohl's Parcel, and the development of the Kohl's Parcel continues to be governed by the provisions of the Development Agreement and Addendum identified in the first paragraph above. BY: DATED: William G. Berg, Jr. -City Clerk Summary of City Council Action for DA on MI-06-008 Page 1 of 2 • STATE OF IDAHO ) ss County of Ada ) On this day of , 2006, before me, a Notary Public, personally appeared William G. Berg, Jr., know or identified to me to be the City Clerk 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) Notary Public for Idaho Residing at: Commission expires: Summary of City Council Action for DA on MI-06-008 Page 2 of 2 ADA CDUMTY RECDRD~DgyrD NaUARRO qp~0 8QlSE IDAHO 04121106 01;46 PM UNT '~ ~ DEPUTY Yie~A!!es ~!~ Jj~~,!'i~,,~~~ RECDRDED-REQUEST DF rw.'*F!1'IRRI1'~ geridlan CI<~ ! 050~487'~3 DEVELOPMENT AGREEMENT P.AR.TIES; 1. City of Meridian 2• Winston H. Moore, Owner/Developer •/+ti THIS D VELOPMENT AGREEMENT (this "Agreement's is made and entered into thns~ day of ' corporation of the State of Idaho, hereafter called "CITY',eand Wiest n ME~~' a m~cipal "OV~NER/DEyELOPER". Moore, hereinafter called 1 • RECITALS: 1.1 WHEREAS, "OWNERlDEVELOPER" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exlnbit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the "Owner" make a written commitment concerning the use or development of the subj ect "Property"; and 1.3 WHEREAS, "Cit}~' has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation andlar re-zoning of land; and 1.4 WHEREAS, "Owner" has submitted an application for annexation and zoning of the "Property's" described in Exhibit A, and has requested a designation of (C-G) General Retail and Service Commercial District, (Municipal Code of the City of Meridian}; and 1.5 WHEREAS, "()vvnerlDeveloper"roade representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Propert}~' will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings far the requested annexation and .zoning designation of the subject `property" held before the Planning & Zoning Commission, and subsequently before the City Council, include DEVELOPMENT AGREEMENT (,AZ-p3-025 -BLUE MA1tLIN} PAGE 1 OF 13 • responses of government subdivisions providing services within the City of Meridian plarming jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 23'~ day of March, 2004, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"}; and 1.8 WHEREAS, the Findings require the "Owner" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City' requires the "OwnerlDeveloper" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City' in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re- zoning designation is in accordance with the amended. Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS; That the above recitals aze contractual and bixnding and are incorporated herein as if set forth in foil. 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 far, unless the clear context of the presentation of the same r~uires 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. DEVELOPMENT AGREEMENT (AZ-03-025 - BLUE MARLIN PAGE 2 OF 13 3.2 "OWNER/DEVELOPER": means and refers to Winston H. Moore whose address is PQ Box 8244, Boise, Idaho 83707, the party developing said "Property" and shall include airy subsequent owner(s)/developer(s) of the .`Property". 3.3 "PROPERTY": means and refers to that certain parcel(s) of `p'roperty" located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned C-G (General Retail and Service Commercial Bistrict) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT; 4.1 The uses allowed, pursuant to this Agreement are only those uses allowed under "City's"Zoning Ordinance codified at Meridian City Code Section 11- 7-27-2 fC) which are herein specified as follows: "OwnerlDeveloper" shalt ~aot develop alt or any part of the uProperty" unless and until it has applied for and received either (a) asite=specific conditional use per-nit for the parcel to be developed, or(b) approval for a planned development of the entire "Property. "The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan grad are applicable to this AZ-(l3-UZS applicattora; Chapter VII, pgs. 97-98, Chapter.ii; Goad 1, Obi: A, #6, ChapterlY, Goal Il, Ob,~ A, Chapter V, Goad Ill, Ob,~. B, #8, Chapter Vl, Subsection 2, pg. 71, Chapter VII, Goall, Obi: B, # 5, Chapter VII, GoaIIV, Obj B, #~: 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. $• CONDITI011TS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. "Owner/Developer" shall develop the `p'roperty" in accordance with the following special conditions: A. Adopt the Special Recommendation of the Planning & Zoning Commission as follow: 1. Delete Annexation and Zoning Site Specific Condition #3, page 8, of the 11/03/03 staff report in its entirety, 2. Replace Site Specific condition #3 with the following: "3.a Prior to annexation ordinance approval, the City ofMeridian and Winston H. Moore will enter into a Development Agreement (DA). This DA will require either a DEVELOPMENT AGREEMENT (AZ-03-o25 -BLUE MARI,II~ PAGE 3 OF 13 ~ • conditional use or a planned development application be submitted to the City of Meridian prior to future development. {Per action of the City Council taken at their March 23, 2004 meeting, eliminate the word subdivision, so that the Development Agreement would require either a conditional use permit or a planned development. 3.b. A conceptual master plan will be submitted with the planned development application or if the project is phased, a site specific plan will be submitted. {Per action of the City Council taken at their March 23, 2003 meeting, eliminated the word "for" and replaced it with the work "or".) 3.c. Any future plan, whether a planned development or a phased project, shall show a continuous public or private road system that goes from Ustick Road north and may connect to the north boundary and may also connect to Eagle Road, State Highway 55, if allowed by TTD. The Developer shall provide further detail with the application for either a conditional use permit or a planned. development for a roadway system within the project, as well as to how the traffic is going to be moved throughout the development, and such roadway system shall be consistent with the ITD and ACHD. {Per action of the City Council taken at their Mazch 23, 2004 meeting by providing an additional last sentence pertaining to the roadway system within the development.)" B. Adopt the Comments and Recommendations ofthe Meridian Planning & Zoning Department as follows: 1. Remove any existing domestic wells and/or septic systems within this project from their domestic service, per City Ordinance Section S/7/517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. C. Adopt the Recommendations of ACHD as follows (provided that "Owner/Developer"does not waive its right to further negotiate project-specific conditions with ACHD); If the rezone is approved and the District receives a development proposal, the District intends to provide the following requirements, in addition to any additional requirements that may apply upon District review of future development, to the City of Meridian. The applicant shall do one of the following: a. Dedicate by donation {or through a development offset agreement whereby the applicant is reimbursed from impact fees to be collected solely from the applicant's specific development project) 48-feet ofright-of--way from centerline along Ustick Road, and construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located a minimum of 41-feet from the centerline of the right-of--way. DEVELOPIVlENT AGREEMENT (AZro3-025 - BLUE MARLIl~ PAGE 4 OF 13 • b. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located a minimum of 41-feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located at the back edge of the existing right- of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Construct any local roadways that are proposed to intersect Ustick Road to align or offset a minimum of 300-feet from any existing roadway {measured centerline to centerline). 3. Construct any driveways that are proposed to intersect Ustick Road to align or offset a minimum of 23U-feet from any existing or proposed driveway or street. 4. Once the access points have been approved by the District, they are to be identified as such on the construction drawings. The remaining frontage along arterial and collector streets shall be identified as having no access. $. Comply with requirements of ITD for Eagle Road frontage. Submit a letter from ITD regarding the said requirements prior to District approval of the final plat or issuance of a building permit {or other required permits), whichever comes first. Contact the Idaho Transportation Department's District III Traffic Engineer Dan Coonce ax 334-8300. 6. Comply with aIl Standard Conditions of Approval. ACRD Standard Conditions of Approval 1 • Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. 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. 4. Utility street cuts in pavement less than Sve years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387- 6258 (with file number) for details. 5. All design. and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Constructions Services procedures and all applicable ACRD Ordinances unless specificallywaived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. DEVELOPMENT AGREEMENT (AZ-03-025 -BLUE MARLII~ PAGE 5 OF 13 • 6. The applicant shall submit revised plans far staff approval, prior to issuance of building pemrit (or other required permits}, which incorporates any required design changes. 7. 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. 8. Payment of applicable mad impact fees are required prior to buildvng construction in accordance with Ordinance #I97, also known as Ada County Highway District Road Impact Fee Ordinance. 9. 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 DIGLIlVE (1-800-342-1585) at least two full business days prior to breaking ground within ACRD right-of--way. The applicant shall contract ACHD Traffic Operations 387-6190 in the event any ACRD conduits (spare or filled) are comprised during any phase of construction. 10. No chazge 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. l l . 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 requirement or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Recommendations of the Meridian Fire Department as follows: The following will be the requirements and/or concerns to provide minimum levels of fire protection for the proposed project: 1 • That afire-flow as required by the International Fire Code is provided to service the entire project. Fire hydrants shall be placed an average of 350' apart. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. DEVEI.oPMENT AGREEMENT (AZ-o3-025 -BLUE MAgLIN) PAGE 6 OF 13 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department 4. AiI inteatal and external roads shall have a fuming radius of 28' inside and 48' outside. 5. Operational fire hydrants axe required before combustible construction begins. 6. 'The fire lanes shall have a clear driving surface which is 20' wide available at all times. E. Adopt the Recommendations ofthe Nampa Meridian Irrigation District as follows: 1. All laterals and waste ways must be protected. 2. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa Meridian Irrigation District must review drainage plans and requires a Land Use Change Application be filed for review prior to final platting. 3. The Developer must comply with Idaho Cade 31-3805. 4. NMID recommends that irrigation water be made available to all developments within the Nampa Meridian Irrigation District. F. Adopt the State of Idaho Transportation Department's Recommendations as follows (provided that "thvner/Developer" does not waive its right to further negotiate access conditions with I'1'D): l . SH 55 has been designated a Principal Arterial. I1'D would like Ada. County and the City of Meridian to help us preserve the corridor by recognizing the following conditions. Future right of way widths will be, A: 120 feet each side of centerline {240 feet total) for building setbacks and to include a frontage road, or B: 70 feet each side of centerline (140 feet total) if the developer provides an internal frontage road type system to feeder roads. 2. Access to a Principal Arterial Type TV will be intersections only, and spaced at one mile intervals in rmnl areas and one-half mile intervals in urban areas. Approaches (other than intersections) may be permitted in special cases on a temporary basis as follows: 1 } Allowed until state highway system is improved by a constriction project at which time art access will be provided to the property, which may not directly access the state highway system, but may be via a frontage or backage road. 2) Shall be recorded at the County Recorders Office 3) Temporary access restrictions will be noted on the permit. DEVELOPMENT AGREEMENT {A~03-OZS -BLUE MARLIN) PAGE 7 OF 13 • • 3. Noise abatement (berms, fences, etc.) will be the responsibility of the developer and will be constructed off of the State Right of 1~Vay. (Further information about the noise abatement may be obtained from the Noise Abatement Measures, which is on file in the City Clerk's office, ~• COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be temainated, and the zoning designation reversed, upon a default of the "Owner" or "Owners" heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of Subj ect Property" ofthis 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 I.C. § 67-b509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owner/Developer"conwnts 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 auy failure to comply with this Agreement to "Owner" and if the "Owner'' fails to cure such failure within six (6) months of such notice. $• INSPECTION: "OwnertDeveloper" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 9. DEFAULT: 9.1 In the event "Owner~l7eveloper", "Owner/Developer's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by "City" of any default by "Owner" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not baz any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. DEVELOPMENT AGREEMENT (AZ-03-025 -BLUE MARLIN PAGE 8 OF 13 • . la• REQUIR.EMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owner's"cost, and submit proof of such recording to "Owner", prior to the third. reading of the Meridian Zoning Ordinance inconnectionwiththe re-zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 11 • ZONING: "City' shall, following recordation of the dul enact a valid and binding ordinance zonin the "pro Y approved Agreement, S peryy" as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Owner", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement maybe 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 tiffs Agreement, the parties agree that "City"' and "Owner" shall have thirty (30}days after delivery ofnotice ofsaid breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the caring of same with diligence and continuity, then the tune allowed to cure such failure maybe extended for such period as maybe necessary to complete the curing of the same with diligence and continuity. 12.2 lh the event the performance of any covenant to be performed hereunder by either "Owner" or °`City" is delayed for causes which are beyond the reasonable control of the party responslible for sash performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit; cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 12-5-3, to unsure that installation of the improvements, which the "Owner" agrees to provide, if required by the "Cit}~'. 14. CERTIFICATE OF OCCUPANCY; The "Owner" agrees that no Certificates of Occupancywill be issued until all improvements are completed, unless the "City" and "Owner" have entered into an addendum agreement stating when the improvements will be completed in a phased. developed; and in any evea~t, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". DEVELOPMENT AGREEMENT (AZ-03-025 -BLUE MARLII~ PAGE 9 OF 13 • 15. ABIDE BY ALL CITY ORDIlVANCES: That "Owner" agrees to abide by all ordinances of the City of Meridian and the "Property' shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 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/DEVELOPER: ~1Vinston H. Moore PO Box 8204 Boise, Idaho 83707 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. 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 j urisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 1$ • 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, aad that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the "Owner" of the "Property", each subsequent owner and any otherperson acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the DEVELOPMENT AGREEMENT (AZ•03-025 - BLUE MARLiN) PAGE 10 OF 13 • i "Property", or portions thereof except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of"Owner", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owner" has fully performed its obligations under this Agreement. 20. IlWALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner" and "City" relative to the subj ect matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the. parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 21.1 No condition governing the uses andlorconditions 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 hearings} in accordance with the notice provisions provided for a zoning designationand/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-03-025 - BLUE MARL.II~ PAGE 11 OF 13 l_ J ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: STON 00 CITY OF MERIDIAN Attest: ~~ STATE OF IDAHO } ss COUNTY OF ADA l ~~_ On this ~ • day of r't ~ , 2005, before me, a Natary Public, per~nally appeared WINSTON H. OORE known or identified to me to be the person who executed the instrument and a~clmowledged to me that he have executed the same. ~a~gy~ SuQ~,s~y~~ ~~p~..••""''••.~'y ~,~ Notary Public f Idaho IyOTARY ~ Residing at: ~c,Q~. * : ~. ~ ; * = Commission expires: .- p c~ ~. PUBLIC r' DBVEIAPMENT AQREEMENT (A7rp3-oZ5 -BLUE MARLIN) PAGE 12 OF 13 • STATE OF IDAHQ ) ss County of Ada ) On this! " ~" day of ~ ; 2005, before me, aNotaryPublic, personally appeared Tammy de Weerd and Willi 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. ••.•'~ZCE L. 8'tt * ~«~ ,~ ~ v, '~~e L1G ~~ OF lU ~~r~. DEVELOPMENT AGREEMENT (AZ-03-25j ablic foi Idaho at: 1-~tr: ,' V.,. ion expires: PAGE 13 OF 13 BEFORE THE 1VIERIDIAN CITY COUNCIL cue o~rz~lo~. IN THE MATTER OF THE ) Case NQ. AZ-03-05 APPLICATION FOR ANNEKATIpN } , AND ZONIIYG OF 5?.8~ ACRES ) FINDINGS OF FACT AND FOR PROPOSED BLUE 1VIARi,IIY ) CON~'I.USIONS 4F LA9V AND FROI±~ RUT TO GG, LOCATED ON ) DECISION AND ORDER THE NORTHWEST CQRNER OF } GRANTING APPLICATION FOR THE IINTERSLCTION OF USTICK } ANION A1VD 20NING ROAD AND EAGLE ROADlSH 5S, ) IIVIlI?FDIATELY NORTH OF THE ) FROPOSED ~ IUISSLER/COBBSIEAGYIRUWE ) ANNEICA.TION AND EAST OF ) CHAMPION PARK SUBDT~ISION, } MEI~DIAN, naAHO ~ ). w.H. Moog coMFANY, ) APPLICANT ) ) The above entitled annexation and zoning applic~tlon having come on foe public hearing an March 23, 2004, at the hour of 7:00 p.m., and Anna Powell Planning Director for the Planning and Zoning DeFrartt~nt, Jonathan Seel, Winston Moore, Tom Davis and Cornell Larsen, app~aared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and IDecisicm and {hder: FIl~DINGS {}F FACT AND C+L3NCLUSIflNS flF I.AW' AND DECISIOlY AND ORDER GR~NTIItTCi APPLICATIflI~i FDR ANIVEXATIOP~ AND ZON>SJG BLUE MARLIl~T {AZ.o3-025} PAGE l flF 22 F7ND1f~l'GS (}F FACT u 1. There has been compliance with a1] native anti hearing reguirernents set forth in Idaho Cade §~ b7-G509 and 6?-b511, eral Meridian Cilp Code ~§ 11-15-5 and 11-16-1. 2. The City Council takes judicial. notice of its zoning, subdivision and development ordina8ces modified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, sad the Amended Comprehensive Plea of the City of Meridian adopted August 6, 2f~02, R~lution No. 42-382, end maps and the ordinance F,sfiablisbi,ng the Impact Area Bounder} 3. The property which is the subject of tl~ applicalon for annexation and zoning is desvn'bed in the application, is approximately 3T.84 acres in size and is located an the nor~west comer of the iirtersection of Ustick Road and Eagle RoadlSH 55, immediately north of the proposed Kissler/Cvbbs/Ea$y/ltuwe annexatiott and east of Champion Park Subdivision, Meridian, Idaho, all within the Aron of Impact of ~e City of Meridian and the Meridian Urban Servicar Planning Area as det~ned in the Meridian Campr~sive Plan. A. Per Ada County Assessor records', there are three (3) separate tax part~ls within ti~a proposed annexation boundaries. The parcel ownerships are as follows: VVinu~tvn H. Moore (2 parcels} 29.70 acres Joauu~, Crawford (i parcel; middle) 28 Total 57.75 aar~ (approx.} * ote: While the Ada County Assessor records still show Crawford as'owner of the 28-acne parcel, a Watrsnty Deed was subntittecl with the application showing Mr. Moore purchased the property. Howe~~r, the deed submitted with the application is not recorded and the Assessor's tyffice still shows Joann Crawford and Jack Joslin as the titled owner. Per staff s request, the Applicant submitted a Memorandum of Purchase Contrast whioh Outlines the legal rights vf'Winston H. Moore as the "Buyer" of the Crawford pmperty." Said contract confirms thert FRJDII+SGS QF FACT AND CONCLUSIONS OF LAW AND DECISION Alm ORDER aRANTII~TG APPLICATION FO81?-N1~E7{A,TION AND ZORIING BLUE MARLlN PAZ-03-025~ PAGE 2 OF 2Z ~• • W.H. Moar® is the equitable owner of the 2$-acre Crawford parcel and, as such, has the right to approve consent for the anne~ahion application to be submitted to the City. Winston H. Moore has provided notarized cons~t for the subject appli~bion. The Applicant is W.H. Moore Co. of Boise, Tdaho. S. The proP~Y ~ PTy zonal RUT {Ada Cotraty}. 6. The Applicant request the property be zoned as C-<i (General Retell and Servi©e Commercial). 7. The subject property is bordered to die north by RUT and. Agricultural. and awned "Low Density' within the Boise City Area of lmpad, to the south by R[TI', to the east by R-8, and to the west by RUT. 8. 1'he Applicant prapos~ to develop the subject property in the following manner: no develagment glans werc submitt,~i with the applit~tian. 9. The Appliesrat requests zoning of the subject real property as GG, which is consistent wiilh the Mezidien Comprehensive Plan Generalized, Land Use Map which designates the aubj~t property as Mixexl Use-Regional. 10. There are no significant or ssa~ic featu~ of major importance that affect the consideration of this application 11. The City Counal recognizes the ovnc~as of Jack ICetlinald, Wally Hedrick and Torn Davis ad~d~sed in their letters dated and February 1 I, 2U04, February 19, 2Q04 and 14larah 4, 21JK?4. 12. Giving due oansidecntion to the comments received Pram 91ie FII~IDINGS OF FACT AND CONCLU3It~N5 OF LAW AND DBCI3ION AND ORDER (iRANTIl~TG APPLICATION FOR ANNEXATIOAi AND ~(3N1NG BLUE A~ARIdN (AZ-133-025j PAGE 3 OF 22 • gover~unental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and ser+rices required by the proposed development will not impose expense upon the public if the following conditions of development are imposed; A. adopt the Special Recoaoinendatian of tl~ Plarmiag & Zoning Carnrnission as follows: I . Delete Axinexation and Zoning Site Specific Condition #3, pg. 8, of the 11/3103 staff report in its entirety. 2. Replace Site Specific condition #3 wixh the following. " 3.a. Prior to anne~cation ordinance approval, the City of Meridian and Winston H. Moose will +mtsr into a Development Agceennent (DA). This DA will require either a conditional use or a planned development applicati~ be submitted to the City of Meridian prior to future d;eveioprnent. (Per action of th®City Council taken at their March 23, 2064 meeting, eliminate the word subdivision, so that the Development Agreement would require either a conditional use permit or a planned development.} 3.b. A cx~nceptnal master flan will be submitted with the planned developm®nt application or a site speck plan with any Conditional use. (Per action of the City Council taken at their March ~3, 20Q4• meeting, eliminated the word "for" and replacxd it with the word "or".} 3.c, Any fu~ttue plan shall show a contiatwus public or private road system that goes from U®tick Road north and may connect to the north boundary and may also cx-nnect to Eagle Road, State Highway 53, if allowed by ITD. The Developer shall provide fui-thel• detail with the application for either a ~ndidonal use pemait or a plate development for a roadway system within the project, as well as to how the traffic is going to be aLOVed throughout the developm~t, and such roadway systenn shall be consistent with the ITD and ACHD. {Per action of the City Council takes at their March 23, 2Q64 meeting by providing an additional last aentenCe pertaining t(1 the roadway system within the development.}" B. Adopt the Cainme~ and RecammendaSivns of the Meridian Planning & Zoning Dopartm~t as follows: FIIVDIIVG3 OF FACT Al'~TD CONCLUSIONS OF L~IW AND DECISION AND ORDER GRANTWG APPLYCAT[ON FDR AAi1VEXATIORT AND ZON1Nt3 HLUE MARLIN (ATr03-025} PAGE ~ OF 22 • C~ 1. Essential City services will be made available to the subject Property, 2. Replace Site Specific condition #3 with the following: "3.a. Prior to anneRation ordinance apgmval, the City of Meridian and Winston H. Moore will enter into a Developrnaent Agreement (DA}. This DA will require either a croaditianal use or a planned development application be submitted #o the City of Metidsaa prior to future development (Per action of the City Council taken at their March 23, 2ff0~ meeting, eliminate the word subdivision, so that the Development Agreement would require either a conditional. use pefmit or a planned development.} 3.b. A concelatual master plan will be submitted with the planned development applica3tion or a site speoific plan with any conditional use.lPer action of the City Council taken at their Match 23, 2004 meeting, eliminates the word "far" and replaced, it with the word "oR".} 3, c. Any futare plan shall show a continuous public or private mad system that goy fmm [Jstick Road north and m$y com~ect t+a the north boundary and may also coimect to Eagle Road, St~be Highway SS, if allowed by ITD. The Developer shall provide furtheer detail with the application £or either a conditional use parmdt or a planned development for a roadway system within the project, as well as to how the ttai~ic is going to be moved throughout the development, and sash roadway system shall be consistent with the 1TD and ACRD. (Per action of the City Council taken at then March 23, 20p4 meeting by providing an additional last sentence pertaining to the roadway system within the development.)" 3. Remove any existing domestic wellsand/or septic systems within this project from their domestic service, per City Urdinanc~ Section ~-7--517, when services one available fi~am. the City of Meridian. Wells may be used for neon domestic purposes such as landscacpe irrigation C. Adopt the Reromrnendations of ACRID as follows: If the rezone is appmve~d and tfie District receives e. development proposal, the District intends to provide fire following requirements, in addition to any additional requirements F1RIDIATGS OF FACT AND CONCLUSI©1~i5 OF LAt1V AND DECISION AND ORDER GRAI~ITING APPLICATION FOR ANNEXATION AND yANING BLUE MARLIN (AZ-03-025} P~iGE 5 OF ?2 • •. that may apply upon District review of firt~e tlev+elopment, tc> the City of Meridian: 1. The applic~at shall do one of the following: a, Dedicate by donation (or through a development offset agreement whereby the ' applicant is reimbursed fmm impact fees to be collected solely from the applicant's ap~;ific development project) 48-feet of right of--way from centerline along Ustick Road, and csnstruct a minimum Moat wide concrete sidewalk along Ustick Road, loud. a minirnurn of 4I-fe# from the centerline of the right-of-way. b. I3o not d~lic~te additionalright-of--way, but constreact a minimum 5-foot wide concrete sidewalk slang Ustick Roe,d, located a minimum of 41-feet fi~ona the centerline of the right-of way, in an easement provided to the District. e. Do not dedicate additional right-of-~vay, but construct a minimwn 5-foot wide concrette sidewalk along Usticlc Road, iocaited at the back edge of ttie existing righht-of-way. Acaunzplisb all nec®ssary adjustments to pmpmly s,ccammodate existing drainage and utilities. 2. Construct any local roadways that are proposed to intersect Ustick Road to align or offset a minimtml of 3t?Q~feet from any existing roadway {measured centerline to dine). 3. Construct any driveways that are promised to intersect Ustick Road to align or offset a urinimum of 23Q-feet from arjy existing or proposed driveway or street, 4. Once the acmes points have been approved by the District, they are to be identiSed ss such on the constru~an drawwgs. The rennaining frontage along arterial and cmllector street shall be identified as having no access. 5. Comply with requiroaneats of I1`D for Eagle Road fro~age. Submit a letter from ITD r~rding the said r~wirementas prior to District approval of the fnnal plat or issuance of a building perarit (or other required pennits~ wluehever occurs first. Contact ~'he Idaho Trarisportatian.Dspartment's District III Traffic >?ngineer Dau Coonce at 334 830U. 6. Comply with all Standard Conditions of A~rroval. ACRID Standard Conditions ofAppmoval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. FINDIlVCiS OF FAC°I' AND CONCLUSIONS OF LAw AND DECISIOAT ANU f 3RDER CrR~4NTING APPLICATIQN FOR ANIVEXATI(?N AND 7ANIlYG BLUE MARLIN (A7r03-025~ PAGE 6 OF 22 2. All utility relocation cflsts as~ciated with impr©ving street frontages ai~uttang the aite shall be borne by the developer. 3. Replace any existing damaged curb, gutter end sidewalk and any that assay be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 {whin file number} for details. 4. Utility street cuts in pavement less than five y~rs old ere not allowed unless approved in writing by the District. Contact the District's Unity Coordinator at 387-b258 (vrnith file atn~ctbers} for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Pdanuel, ISPWC Standards and approved supplennents, Construction Services procedures and all applicable ACHl3 Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. b. The applicant shall submit revised plans for s1nfi; approval, prior to issuance of building permit (ar other requital pemaits}, which incorpor$tes any r~uirod design changes. 7. Construction, use and progeny development shall be in confomuance with all applicable requireme~mts of the Ada Couaiy Highway District prior to District approval for occupancy. ~. Payment of applicable road impact fees are required prior to building construction in accordance whit (hdinancse #197, also known as Ada Carroty highway District Road Impact Fee Qrdaaaonce. ' 9. It is the nespons~ility of the applic~tt to vemtfy all existing utilities within the right of ~evay. T`fie applit~t at no cost to ACHI7 sStall xepair existing utilities damaged by the applicant. 7`he applicant shall be required to call DIOLINE (1-8im-342-1585) at least two full business days prior to breaking gxo~d within ACRD right-of-way. The applicant shall. canta# ACRD Traffic Operations 3$7-&190 in the event ~y ACHD conduits (spffie or f sled} are coxnpromi~i dm~irig any phase of cx~nstraction 10. No cban~ in the terms nerd oonditians of this approval shall be valid unless they are in writing and aigaed by the applicant or the applic~ttt's authorized representative and an authorized tative of the Ada County Highway District. The burden shall be upon the applicant to obtain wri,tte® confir=mation of any change from the Ada County I3igiiway ]3isttict. FINDIlVGS QF FACT AND CpATCLUgK3NS fJF LAW AND Dl3CISIUN AI~TD ORDBR {~Re~1TII~TG ApFLICA~'fIt7N FOR ANNEXATION AND ZUNIIVG BLUE MARLIN •(AZrU3-02S} ~• ~ PAGE 7 QF 22 • i 11. Any clime by the applicant in the planed use of the property which is the subject of this application, shell require the applicant to comply with all rules, regulations, orclinan~, pleas, or otlter regulatory and legal restrictions in force at the time the applicant or its successors is ingest advises the Highway District of ifis intent to Change the planned use of th®subject property unless a waiverlvariance of said r~uir~nenta or other legal relief is granted pursuant to the law in effect ax the time the change in one is sought D. Adopk tbs Ra~mmendations of the Meridian Fire Department as follows: The follav+i~g will be the ~quiremwrts and/or concerns to provide minimum levels of fire protection for the proposal project: 1. That afire-flaw as required by the Intematlt~nal Fire Code is provided to service the entire project, Fire hydrants shall be placed. an average of 3S0' . 2. Aceeptastte of the water supply for fu+e pratectioa will be by the Meridian Water Department. 3. Final approval of the fire hydrant lor~tions shall be by the Meridian Fire Depaxfionent. 4. All internal ~c external roads shall have a turnigg radius of 28' inside and ~8' outside. S. Operational fire hydrants are required before cx~mbusb'ble construction begins. 6. The fire lanes shall have a clear driving surface which is 20' wide available at all times. L. Adopt the Reconnnnendatios~s of the ATampa Meridian Irrigation District as follows: 1. All laterals and waste ways must be protected. 2. All municipal surf drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Inigatian District must review drainage plans sad requires a Land Use Cb Application by filed for review prior to final platting. 3. The Developer must Comply with Idaho Code 31-38U3. ~l. NMII} r~mmeuda that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District ~RTDi1gGfS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND {)ROHR GRANTIl+iG APPLICATION FOR ~NIWEXA7ZOl~d AND ZONIl~TG BLUE MARLT<'d {AZr03.025} PAGE 8 OF ?a s F. Adopt the State of Idaho Tragsportatsoa Department°s Recommendations as follows: 1. SH SS has bean designated a Principal Arfariai. TTD would like Ada County and the City of Meridian tt> help us preserve tfiis canidor by recognizing the fallowing conditions. Future right of way widths will be, A: 120 feet each side of centerline (240 feet total) far building setbacks and to include a frontage road, or B~: 70 feet each side of cent®rline { 1 &0 feet total) if the developer provides ~an internal frontage mad type system to feeder made. 2. Aces to a principal Arterial Type 1V will be intersections only, and spaced at one mile intervals in aunt. areas and one-half stile intervals in urban areas. Approaches (other then intersections} may be permitted in special cases and on a temporary basis as follows: {1) Allowed until statehighway system is improvedbya construction project at which tune aaa ass will be provided to the property, which may not directly access the state highway system, but may be via a frontage or backage ro®d. {2) Shall be record~l at the County Recorders Office. (3) Temporary access restrictions will be noted on the permit. 3. 1"doise abatement {banns, fences, etc.) will be the responsibility of lfie developer and vrill be constructed off of the State Right of Rtay. {Farther informa#ion about the noise abatement may be obtasned from the Noise Abatement Measures, which is on file in the City Clerk's office.) 13. It is found that the 2002 Comprehensive Plan Future Land Use Map designates all of the subject properties as "Mixal iJso-Regional". The piupos~ of this designation is "to provide for a aaia6inatian of cx-mpatible land uses that. are typically dev®loped tinder a master or ooncgstual plan. . .. and to identifykey areas [ofthe City] which. era either iefill in nature or situated in highlyvisible or trausidvniag areas of the City where innovative and flexible design opportunities are encouraged. Th®intsnt of this designation is to offer the developer a, degree of design and use flexibilit}~'. ' Additiflnally, the following Comprehensive Plan te~€t policies are applicable to this application: Chapter VII, ggs. 97-98, Chapter 1V, +~oai I, Obj. A, #G, Chaplet IV, (3oa1 II, Obj. A, Chapter V, 'FIlVDfNGS OF FACT APdD COAJCL[JSIONS OF LAW AND DECISIOhT AND URL3ER Cs1iAl~1'1`1NtI APPLICATION iCOR ANI+dEXATION AID TAN]NG BLUE iWtARLIl~ PAGE 9 OF 22 • • Croal III, t)bj. B, #S, Chapter ~,TI, Subsection 2, pg, 71, Chapter 1JII, Cloal I, Obj. B, #5, Chapter VIl, .Goal IV, Obj. D~, #7. 14. The general vicurity of this proj~k i8 experi~acing a rapid change from agricultural and low density residential uses to cornmercisUurlyau type development. Cher~ian park Subdivisia~a (aka °°Perkstone"} is a 1~0~+ ate, wed use development immediately west of the subject props; iy, the Srst phase of which bass received final plat approval. Carol Professional CesZte~ is a six acre office park (zoned L-O) located approximately one half {'~) mile south of the subject propearty oa the avast side of Eagle Road. Municipal water was extended east of Eagle Road a few years ago to serve Summer's Fund Home. Providencer Pleuce Subdivision is a large, urban density residential subdivision located is >3oiseCitylessth~n a'/ mile east of the properly. It is found that a rezone of the proposed pr+op~ty would be compatible witty other land use and facility changes in the area. 15. Na uses are proposed with this application. Certain pernnitted uses in the C-C3 zone such as bus stations, outdoor entertainment uses, wholesale facilities and service stations, could have a negative impact on the existing residential uses to the north and future homes in Charnpicm Park. The other existing single faamityuse near the subject property (the ATeemith out parcel) is designated as future mixed use in the aontpredtensivc plan. It is hound that any future uses, if designed, constructed and operated in aa~rdancar with adopted dty cgdinances and future CUP applics~tions, shauid be harmonious and appr+apriate in appearance wi#h the existing character of the vicinity. 16. It is found that the majority of fatum u~ on the snbje~ct pr~rty will net be hazardous or disturbing to existing or firture neighboring uses if all development and landscaping FIlVDINGS OF FACT Alga} COATCLUSIONS OF LAS AND DECLSION AND ORDER GR~4NTlIVG APP7~ICATION FOR ANNE7'CATION AND ZORIII+TG BLUE MARLIN (AZd}3-t?2S) PAGE la OF 22 ortlinancas are exercised. Some hest may be disfiubiug tQ existing residential uses to the west. 17. It is found that roadway improve~nenta will be requir~i an Ustick Road to ~adte the additional traffic generated by future development. Sanitary sewer and water are either curtly available or u~ construcfiion to provide service to the area. Comments were submitted by the Meridian Fire Department, sad are addressed in paragraph I2.D. above. All otherpublic service and facilities noted above appear to be adequate to senricE tlris property. 18. It is found that this development wdl not came excessive eddigonal requirements at public coat. The South Slough Traalc extension was funded by the city of Meridian but will not create new demands on the public c~$er forthis detrelapm~t. Other required site improvements van'11 be funded aril constructed by the developer. It is also found that the annexation and aomng alone will not be detrimental to the oonlmumity's econonuc ~veIfat~e. 19, It is found that several of the allowed u~ in the C-G zone may involve activities, proses, materiels, equipment or camditians that c~u1d produce excessive traffic and noise and have other public impacts. MCC 11-12 Z and 11-12-3 are intended to mitigate impacts of some uses such as fire haaards, bulk storage, and contractor's yards. Ia addition, a Development Agreement could establish use perarneters that would prevent detrimental cis. To comply with this finding a DA shall be entered into whits requires a conceptual plan far future aces, Paying Particular attention to uses along the north and northwest batmdaries. 24~. It is found that any futnre uses will i,aigact the level and flow of traffic on the surrounding street, Specific traffic ~~ y~,l be dot~miaed at the time of development application. Tn accordance with Comp Plan policy #I2 (pg. 79) and policy ~ (pg. 14'7), it is found IFTNDINGS OF FACT AND CONCLUSIONS OF LA~U AND DBCISIOAT ANT) C}RDER GRANT Il+TG APPLICATION FOR ANNEXATION AND ZONTItiTG BLUE A!~ (AZ-03-0ZS} PAGE 11 OF 22 --- -- - that the number of vehicular aces pouts ~ Ustick and Eagle Roads should be r~ricted and comply with ACRD policies in order to preserve the cxipacity and movement on these rQad~vays at build-crut. ~ . 21. It is found that fire annexation alone ts-ill not re~alt in the destruction, loss or damage of other natural features. 22. It i8 found that the annexation afthis propt3rty would be in the best intt~t of the City for the following reasons; • increased commercial lead base available to fubure developers; • ~ Prap~y tax revue; • municipal services at+e available to the area; and application substantially complies with the Comprehensive Plan. It is also fauad that, based upon the information submitted in the application, it is difficult for the Commission sari Council to fully determine "best interest" fs~ctors, since na future users are known at this time. The CUPlPD prat~ss does grant the City a favly high degeoe of design anti use review authority, but the additional demand on staff to process such applic~tiana should also, be considered. 23. It is found that if the developer Pays for the requested improvements and complies with. the conditions set forth in these Fiadiggs of Fact No. 12, and all sub-parts, the economic welfare of the City and its residents and tea and rate payers will be protected, a condition of anne~cation and coning desigaatlaa. 24. It is also fotmd fluff the development considerations as reftced in Finding 1V©. 12 are reasonable to require sad must be taken into accauut; is order trt assure the proposed FIl~TDINttS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER CrRANT'IltiTfr` APPLICATiOAi FOR ANNEXATION AND i;ONIIVG BLUE MARLIN iAZ-43-t~ PAGE 12 OF 22 • • development is d~iga~t, r~nstructed, operai:~l and maintained in a manner which is harmonious and appropriate in appearance wit~n the existing, or urtendad ch~acter of the general vicinity, in order to assure that the proposed use will not change the essential character of the affect~l vicinity and will insure tbat the proposed uses will net be hazardous or disturbing to the existing, or future neighborigg uses, partirxil arly considering the impact of proposed development an potential to produce excessive trai~c, noise, smoke, filffies, glare and odors. CQNCLUSIONS ~DF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city bou~tdaries and that said property lies within th$ area of city impact as provid~l by Idaho Code Section 50-222. The Meridian City Code § 11-16 pmvid~ the City may annex reel property that is within the Meridian Urban Service Platwing Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual. conditions existing within the City and State. 3. The City of Meridian has exercised its authority and rosgOnsibili#y as p~vvided by "Local Land [Tae Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of the Amended Ctyrnprehensive Plan City of Meridian adopted Augast 6, Z~U2, Resolution No. 02-382. 4. The followigg are found to be pertinent provisions of the City of Meridian Campt~ensive Plan and are applicable to this Applit~kion: Chapter VII, pgq. 97-98, Chapter IV, Goal Ia t3bj. A, #t~6, Chapter IV, Goal II, Obj. A, Chapter V, Goal III, (lbj, B, #8, Chapter VI, Subsection 2, pg. 71, Chapter VII, Goal I, Ubj . FIlVDINGS QF FACT AND C4NCLUSIQNS QF LAW AND DECISIOlw1 A,ND ©RDER GRANTING APPLICATION FOR ANNEXATION AND ZaNATG BLUE MARLIlV (AZ-tf3-Q25j PAGE 13 OF 22 C~ B, #5, Chapter VII, Goal IV', Ob,~. D, #7. • 5. The zoni~ of (C-G} C~neral Retail and Service Gommercial is defined in the Zoning Ordinance at ~ 11-7-2 I{ as follows: [C-G) C.~-.nerat Retatl ®n ~~ Co m~r~s~1 ~ ~ ; ~ purpose of the C-G Distric# ~s to pmvide for ca}mmercial uses which are custximmilyop entirelyor almost entirely within a building, to provide for a review of the impact ofproppsed commercial uses which are auto and service oriented and are located in closepmxirnity to major highway or arterial sheets; to fiilfill the new s~f travel-rolat~ services as well as retail sales for the trausimt and permanent motoring public. AlI such districts shall be conaec~ci to the Municipal water and sewm' systems of the City, and shall not csJS~stitute strip camraercial development end encourage clustering of commercial development. , 6. Since the agne+on and coning of lead is a legislative function, the City has autltcrrity to place conditions upon the annexation of land. See ~t'vs. The of Idaho Fa s, 105 Idaho 6S, 665 P?.d 1Q75 ~19$3j. 7. The development of the annexed lead, if aaaexec3, shall meet aml imply with, the Ordina~rtces of the City of Meridian including but not lirnit~l to: Section 12 ~-4 which pertains to develapm+ant time schedule a~ r~uiresneai#s; Section 12-4-13, which pertains to the pipvng of ditches; and Section 12-5-2 AT, which pertains to pressurized irrigation systems, and Zoning and Subdivision and Dev~ppm~ p~~~ of the City of Meridian. 8. Pursuant to Seeiaion 11-1 b-4 A o f the Zoning ar~d Development Ordinance the owner and/or developer shall ent+~r into a Develolnaent Ag~aut, DECISION AND ORDI~R N(3W, TJi~ItEFURE, H~iSED UPQN TI9E AD[[?' +' AND FOREGQING FINDIIITGS ®F FACT A1VD CONCLUSIONS OF LA'W, the CQty Coundl does hearebyflrder and t}rls does kIlVDIl~GS OF FACT ANTI COItiCLUSIOAIS OF LAVV AI~3 DECISION AND CIRDBR t1RAN'I'IlJG APPLICATION FOR AI~TNEX~iTION AND ~ON.QiTG BLUE MARLIl~T (AZ-03-Q2S) PAGE 1~ OF 22 Older: 1. The applicaot's re~gcrest for annexa~goa and zoning of approxanately 57.84 acres to General Refiail and Service Commercial [G~G) is gta~tted subject to the terms and conditions ofthis Order hereinafter stated. 2. The applicaticm is 'far annexati©n and ao~ning of 57.84 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform, to all the pmvisians of the City of Meridian Resolution No. I58. Tlie legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 6$b. 3. Developer shag be regttm~eci tQ meet the conditions set forth and in the event the conditions herein are not met by the Developer ti~at the property shall be subject to de-annexation, with the City of Meridian, which provides for the fo,uowtirt8 conditions of develvp~nent, to-wit A. Adopt the Special R.e~mmendatir,n of the Plsnoiag ~ Zoning Commission as follows: 1. Delete Annexation and ,Zoning Site Specific Condition #3, pg. 8, of the l lf3/03 staff' report in its entirety. 2. Replace Site Specif c oo~adition #3 with the following: "3.a. Prior to aaaexatioa ordinance approval, the City of Meridian and Winston H. Moore will enter into a Develop~,t Agr~nnent.(DA}. This DA will regains either a conditional use or a planned development application be submitted ~ the City of Meridian prior to ftrture development (per anion of the City Council tasce~a at thee' March 23, 20Q4 meeting eliminate the word sabdivision, so that the Development ~igreement would regaire either a conditional use permit or a planned development.) 3.6. ~i conceptual masts glaa will be submitted with the planned development application or a site specifi c plan with any conditional use (Per action of the IvINDItdQ3 OF FACT AND CONCLUSIONS OF LAVV AND DECISION AND ORDER GRANTIltifi ApPLICAT1dN Ff lR ANNF~AiTION AND ZONING BLUE MARLIN (AZ-03-025) PAtIE 15 OF 22 • City Council taken at their March ?3, 2i7g4 meeting, eliminated the word `for" and replaced it with the word. "rn".} 3.a Any future plea shall show a continuous public ar privafie road system that fi~om Ustick Road north and ~ may connect to the north boundary aid rt~ay also connect ~ fiagle Road, State Highway S5, if allowed by ITD. T'ha Developer shall provide fitrthor detail with the applis~tion fQr either a conditional use permit ar a plannead developm®t for a roadway system witizin fibs project, as well as to how the teaf&c is going to be moved throughout the development, and such roadway system shall be coasistant yrith the ITD and ACHD. (Per action of the City Council taken at tl~ir MaTCh 23, 20x4 meeting by providing an additional last sen.'teace pertaining tQ the roadway system within the development.)° B- ~oPt the Connmen~ and Recornmendatians of the Meridian Plaxming & Zoning Depaztme.nt as follows: 1. Essential City services will be made available to the subject property, 2. Replace Site Spedfic condition #3 vaith th® following: "3. a. Prior to annexation cmdinance approval, the City of Meridian and Winston H. Moore will enter i~ a Develaptnent Agreement (DA}. This DA will requn~e either a oanditional use ar a planned development application be submitted to the City of Meridian prior to future development, tPer action of the City Council taken at their March 23, 2044 meeting, eliminate the word subdivision, so that the Development Agreement would require eith~• a condidonal use peraut or a planned development.) 3.b. A +conceptuaL master plan wdl be snb~asitted with the planned development application or a sits sp~acific plan with nay conditional use, (per action of the City Council taken at their March 23, 2004 meeting, eliminated the word "for" and replaced it with the woad. "ar".) 3.c. Any future Plan shall slow a continuous public or private road system that goes fi a4n Ustick Rand north arld may ooan~t to the north boundary and may also connect to Eagle Road, State Highway 55, if allowed by IT'D. FIl-Tt.?IlwTCiS QF FACT AND CONCLUSIONS OF LAW AND DBCISION AND ORDBR GRANTIlYG APPLIC~iTIC1N FflR ANNE3~`ATIOAi AND ZONING BLUE MARLIN (A2i-03-t1Z~ PAGE 16 OF ZZ • - The Developer shall provide fitttber detail with the application for either a conditional use permit or a plaaned development for a roadway system witb~n tt~ project, as well as to how the traffic is going to be moved throughout the developffieat, and such roadway system shall be consistent with the ITD end ACRD. (Per action of the City Council taken at their lvlarch 23, 2i1~4 meeting by provic~gg an additional last sentence peetaittittg to the roadway'system within the development.)„ 3. Remove any existing domestic wells and/or septic systems within this project from.their domestic service, per City Ordinance Secdon 5-7-517, vrhen services ato available from the City of Meridian. wells may be used for tea-domestic purlmses such as landsca~ irrigation. C. Adopt the emendations of ACRD as foUowa: if the t~oae is approved and the District Wives a development proposal, the District intends t© provide the following r®quirements, in additicm to any additional r~uiremernts t$at may apply upon District review of future development, to the City of Meridian: 1. The applicant shall do one of the followings a. Dedicate by donation (or through a development offset agreement whereby the applicant is reimbursed from impact fees to be collecte~t ~lely from the applicant's speafic developme~-t pmjecx} AS-feet of right-of way from centerline along Ustick Road, cad construct a minimum S-foot wide concrete sidewalk along Ustick Road, lotted a minianum of 41-feet from the,c~terline of the right-af-way. b. Do not dedicate additionalright-of--way, but construct a minimum S-foot wide concrete sidewalk along Ustick Road, located a minimum flf 41 feet &orn the centerline of the right-of-~vay, in av easem~t provid~l to the District. c. Do riot deccate additional right-af way, but conatc~et a minimum 5-foot wide concrete sidewalk along TJstick Road, located at the back edge of the existing right-of-vvay. Avcomplish all ne~sary adjustt~nts to properly amodate existing drainage sold utaiities. 2. Cosna~.ict any local r+oad®vays that are proposacl ~ intersect Ustick Road to align or offset a minimum of 3~feet from any e~sting roadway {measured centerline to c~tterllne} . FINDINGS OF FACT AND CONCLUSI©AT5 QF LA~i- AND DECISIOl"+T AND ORDER GR ANTII~TG APPLICATION FflR A1~VE3tATION' AND ?ONlAT4 BLUE MARLIN {e1Z-03 t125j PACE 1? OF 22 3. Corashvct any driveways that are proposed to intersect Ustick Road to align ar offset a minimum of 23~Q-feet from any existing ar Pr+op~ase~d driveway or street. 4. Once the access points have been approved by the District, they are to be identified as such on the construction drawings. The remaining frontage along arteri8l and collector its shall be identified as haying no access. 5. Comply with requirements of ITD f©r E$gie Road frontage, Submit a letter from ITD regarding the card require prior to Distriict approval of the final plat or issuance of a building permit (or other required pe~mils~ whichever occurs first. Contact ~'he $Tdaho Transportation Department's District lII Traffic Engineer Dan Coonce at 334 6. Comply with all Slnndard Conditions of Approval.. ,ACRD Standard Conditions ofApproval 1 • ~y existing irrigation facilities shall be relocated outside of the right-of--way. 2. All utility rekacation e-ssociatcd with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gatter and sidewalk arid. any that maybe damaged during the construction of the pmpo~ development. Contact Canstruc~ion Services at 38?-6280 (with file number) for details. 4. Utility street cs~ iu pavement less than flue years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file munbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards sad eppraved supplemeirts, Constr~,iction Semnices pmoedures sad. all applicable AC)cID t?rdmanees unless specifically waived herein~ ~ regisfemd in the Sinte of Idaho shall prepare and ayr all improveomeat plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit Cor oth~requir~l permits), which incorporates arty required design changes. FIRR7iriGS OF FACT AND CQN+CLiJSIONS 4F I.AVV AND DECISit?I~T AND QItDER GRANTING APPLICATIQN FOR ANNEXATION AAID 7ANIN(} BLUE MARLIl~i' CA-Zrt~3-025} PAGE 18 4F 22 ?. Constrtaction, use and praperiy dev$lopment shall be in confon~nance with all applicable requiraaents of the Ada County Highway District prior to District agpmval for occuFancy. 8. Payment of applicable road impact fees are regwiretl prior to building construction in acsronlance with 4rdinanc+e #1$7, also lmowa as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to v+e~ify all existing utilities within the righ#- o~ way. The applicant at no cyst to .ACID slutll repair e~istigg utilities damaged. by the applicant• Ttie ~plicant shall be requirenl to call DIGLINE (1-80t)-3~2-I585) at Least tvvo full business days prior to breaking ground within ACRDright-of-way. The applle~t shall contact ACRD Traffic afioag 387-619U in the event any ACHD- conduits (spare or filled) are cornpronused during any phase of construction. 14. A1o change in the terms and afnditiona of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorised reptesaatative of the Ada County Highveay gis,trict. The burden shall be upon the applicsrat to obtain written cronfirmation of any change from the Ada CouM.}- Highway District. 11. Any change by the applicant in the planned use of rile property which is the subject of this application, shall requind the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory emd legal restrictions in force at the time the applicant or its ~ in interest advises the Highway District of its intent to change the planned use of the subjec# property unle~es a waxverhrariance of said reginrenaents or other legal relief is granted pursuagt to the law in effect at the time tl~e change in use is sought. D. Adopt the Recommendations ofthe 1Vleridian, Fire Department as follows: The following will be the requimaan~ts andlor ins to provide minimum levels, of fire protection for the prc~a~ed project 1. That a fir0-flaw as regns+ed icy the lntenostionel Fine Code iA provided to service the en#ire project. Fire hydrants shall be plac~l an avera,~ of 350' apart. 2. Aca~tatice of the wad supply for firo protection will be by the Meridian Water Dent~nt. 3. Final approval of the ~ hydrant locations shall : be by the Meridian Fire Department. FIAIDINGS OF FACT AND CONCLUSIL~NS OF LAW . AND DECISION ANL1 ORDBR GRANTIl\TG APPLICATi©AT FOR ANNEXATION AND ZONINC} BLUE MARLIlIT (AZ-03-025) PAGE I9 OF 22 • 4. All internal. & ex#er~1 roads sba11 have a fuming radios of 28' inside and 48' outside. 5. Operational fire 1zyc~eate are regtdred before cambusgble construction begins. d. The fire lanes shall have a clea~e driving surfaces which is 20' wide available at all times. E. Adopt the 11~mmendations of the Nampa Meridian irrigation District as follows: I . All laterals and waste ways must be protected. 2. All ntwucipal surface drainage trust be re~iaed on site. If any surface drainage leaves the sifts„ the Nampa 8c Meridian Irxlgativn District must review drainage plans and requires a Ind Use C)taage Application by film for review prior to final platting. 3. The Developer must comply with Idaho Code 31-3805. 4. 1VMID rec:vmrneands tlsat inigataon wager bs made available to all developments within the Nampa & Msri.dian Irrigation District. F. Adopt the State of ldaba Transportation Department's Recommendations as follows: 1. SI'I 55 has been, designated a Principal Art~I. ITD would lid; Ada County and the City ofArleridian to help us preserve this crntidor by r+ecogniain,g the following conditions. Future right ofway~widths will be, .A:120 feet each side of centerline {2~fl feet toinl}for building setbacks and ~ inchtde a frontage rand, or B: 7t} fit each side of centerline (1~4 feet total) if the developer provides an internal frontage road type system to feeder reads. 2. Aces to aPriraripal Arterial Type N will be intersecdians only, and spaced at onemile intervals in Haul areas and or-e-half nine intervals in urban areas. Approaches (other than intersections} may be peta~.itted in special cues and on a temporary basis as follows: (1) Allcswed until state high'avss' eyeteca is improved by a cxmstruction pml~ ~ which bare en sevens ~1 bE provided to the prvperiy, which may sot dimly aeons the state highway system, but may be via a tsge or backage road. (2} Shall bo recorded at the Cotmiy Ptecorders Office. {3} Temporary access restrit~ions will be noted on the permit. IFlI+1DINC3S flF FACT ARID CONCLUSIONS OF LA~- .AND DF.~ZSION AND O>;DFdt iiRARITtI~IG APPLICATION FOR ARTNF.~G9TION AND ZtlN1NG HLUE MARLIl~T (AZ-03.0?,S) PAGE 20 OF 22 ~. 3. Noise abatement (borms, fartc~s, ,etc.} will be the responsibility ofthe developer and w>71 be const~veted off of the State Right of Way (Further information about the noise abatement maybe obtained from the Noises Abatem~t Measures, which is on file in the City Cleerk's ofEte~.) 4. The City Amy shall prepare for coasidemtion by the City Council the appropriate ordinan+e~e for the annexation and zoning designation of the real property which is the subject of the application to (C-G~ General Retail and Service Commercial District, and. Meridian CityCode § 11- 7-2. 5. Subsequent to thepassageofthe Ordinance provided for in section 4 ofthis Qrderthe engineering staff of the Public Works Deparlsneat steal! pr~are the appropriate mapping changes of the official bounderi.ea ar[d zoning maps as provided in Meridian City Code § 11-21-1 in a+cxordance with the px9ryvisioas ofthe anncucatioa and zoning ordinance. ATOTICL OF FINAL ACTION ANA RIGHT TO RLGIJLATORY TAI{a~TGB ANALYSIS The Applicant is i~eby notiSed that pursuant to Idaho Code 67-8003, the Owner may request a regclatory taking analysis. Such refit must be in writing, and must be f led with the City Clerk not more then tw~ty-night (2$} days after the final decision couccming the matter at issue, ~- request for a regudrttory takings analysis will toll the time period within which a Petition for Judicial Review may be filed, Please take notice that thfs is a final. action ofthe governing body ofthe City of Meridian, p~uauaot to Idaho Cade § 67-b521. Ate affected pe~fl bang a person who lzas an interest in real property which may be ad~*ersely aff+ectc~l by this decdsion may, withim. twentp-eight (2~ days sitar FIlVDIlVC~3 OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ©RDEl1; GRAN TIlrTG APPLICATION FOR d4.N~1VFXATION AND ZONII~TG HLUE MARLIN (AZ-A3-0~,5~ PAGE ZI OF 22 • • the date of ties decasion aad order, ,seek a judicial review as prc~vicied vy Chapter 52, Title 67, Idaho Code. Far action of the City Council at its regular meeting held ©n the ~7~`-'' day of ~ RY7 ~. 2004. RQLL CALL COUNCILMAN SI~itIN WARDLE COLiI~TCII,M.~N BILL NARY coUivclLl~AN cxARL~ RflvNTREE cot~vcan~Aly tcElTx BuzD MAYflR TANIlvIY de WEERD (T1E BRE,41{ER} DATED: ¢-Z2~ -" ~!~ NIOTtQA1: APPROVED: DISAPPROVED: \~~"A " I ~~ 1` ~~~ William C~. Berg, Jr., City erk = 7 VOTED_~- 'VOTED_ ~~" vaTED_~~ Vl'~TED "~' Copy served upon ApphCaut, the Planning and ~OIIing Depsr~ent, Public the City Attomvy-. ~- Z/-®~- city Clerk FIl~]DINGS flF FACT AND CANCLUSIONS OF LAW A1~TD DMECLSTUN' AND ORDER GRANT1NCr APPLICATI©N FUR ANNF.~ATION ASYD ZONIIV~r BLUE MARLIlV {AZ-03-025) ~~~ ~ ~~ ~ 1 ~`~~ T~ and SJQ~-Ia = .,~ ~'~~,,,~~trr~Y , ~~.,,~ ..:"'~t P.~GE 22 OF 22 --! FROM :WH MOORE CO FAX ND. :208-323-7523 • 07 2006 12:36PM P3i3 - { EXHIBIT A CentrePoint Marketplace (excluding Kohl's parcel) May S, 2006 A parcel of land located in the Southeast quarter of Section 32, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, being ail of Parcels °A° and °C° as shown on Record of Survey No. 7372 retarded as Instrument No. 106070944, records of Ada County, Idaho, together with a parElon (after excepting the South 38' as Ustick Road right-of way) of the property shown on Record of Survey No_ 4812 recorded as Instrumenr~No. 98042527, records of Ada County, Idaho, which combined parcel is more particularly described as fellows: Commencing at the Southeast corner of said Section 32; thence North B9° 44' 39" West 1,328.23 feet along the South lin® of said Section 32 to a point; thence North 00° 29' 45" East 38.OO.faet to a point on the North boundary of th® East Ustick Road right- of-way, said point being the Real Point of Beginning; thence North 00° 29' 45" East 1,447.43 feet along the West Ilne of the East half of the Southeast quarter of said Section 32 to a point; thence North 28° 00' 30" West 238.36 feet to a point; thence North 25° OS' 01"West 25.02 feet to a point; thence North 44° 52' 43" West 99.30 feet to a point; thence North 31 ° 39' 43" West 201.40 feet to a point; thence North 47° 39' 43" West 44,31 feet to a point; thence South 89° 46' b3" East 1,348.50 feet to a point; thence South 00° 30' 07" West 225.00 feet to a poirr~ thence South 89° 46' iS' East 290.50 f®efi to a point on the West boundary of the North Eagle Road right-of way; thence South 00° 30' 19" West 1,018.20 feet along the West boundary of the North Eagle Road right-vf way to a point; thence South 01 ° 50' 49" W®st 871.64 feet along the West boundary of the North Eagle Road right-of- way to a poirrt; thence South 46° 02' 28" West 43,16 feet to a point; thence North 88° 44' 39" West 186.37 feet along the North boundary of the East Ustidc Road tight-of- way to a point.; thence North 00° OD' 52" East 368.26 feet to a point; thence Soalth 8®° S8' SG" W®st 181.53 feet to a polrrt; thence North 48° 31' 48" West 1 Q4.54 feet to a point; thence North 00° 00' 04" West 28.88 feet to a point;.th®nce North 89° 58' 83" West 205.85 feet to s point thence South OD° DO' 04" East 65.17 feet to a point; thence South 88° 58' S8" West 288.85 feet to a point; thence North 00° 00' 08" East 137.66 feet to a point; thence North 89° 59' 26" West 105.28 feet to a point; thence South 00° 1 S' 21"West 512.46 f88t to a point; thence North 42° 41;' 09" West 10.99 feet to a point; thence North 88° 44' 39" West 39.00 feet to a pointy thence South 43° 18' 61"West 41.04 feet to a point; thence North 89° 44' 38" West 135.44 feet slang the North boundary of the Eas# Ustick Road right-of- wray tothe Real Point of Beginning. ADA couNTY RECORDER d. DAVID NAVdRRO aNIOUNT .00 18 BOISE IDAHO OdM~l06 031 PNI DEPUTY Neasa Haney ~i'~+ RECORDED-REQUEST OF 10~06~~5~ Mer(dlan City ADDENDUM TO THE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Winston W. Moore, Owner/Developer The following is an addendum to that certain DEVELOPMENT AGREEMENT, entered into on the 12s' day of April, 2005. This addendum is made and entered into this_~ day of Arar-1 , 2006, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY', and Winston W. Moore, whose address is 1940 Bonito, #160, Meridian, Idaho, 83642, hereinafter called "OWNER/DEVELOPER". OWNER /DEVELOPER agrees to be bound by the terms of the original Development Agreement (instrument # 105048793), approved on Apri112, 2005 on the land described in Exhibit "A", except as specifically regarding the following items: 1. The parties hereto agree that the development of the property described in Exhibit "A" shall be in accordance with the terms of the above described Development Agreement, exhibit `B", or those City ordinances in effect at that tixne any subsequent conditional use application is filed, whichever are more restrictive. 2. That the original Development Agreement, Instrument # 105048793, approved on April 12, 2005, be amended by modifying the following: * Page 1, Item 1.4 - "Whereas, "Owner" has submitted an applications for annexation and zoning (AZ 03-025 and AZ 05-065} of the "Properties" described in Exhibit "A", and has requested a designation of (CG) General Retail and Service Commercial District, (Municipal Code of Meridian); and * Page 2, Item 1.7 - "Whereas, City Council the 23~ day of Mazch, 2004 and the lei day of March, 2006, has approved certain Findings and Fact and Conclusions of Law and Decision and Order, set forth in as if set forth in full, hereinafter referred to as (the "Findings'; and * Page 3, Item 3.3 - "Propert}~': means and refers to that certain parcel(s) of "Property' located in the County of Ada, City of Meridian as described in Exhibit "A", amended to inclade 1.50 acres along Ustick Road as well as the 58 acres originally subjected to this agreement, describing the pazcels to be annexed and zoned C-G (General Retail and Service Commercial District) attached hereto and by this reference incozporated herein as set forth at length. * Page 3, Item 4.1- "Owner/Developer" shall not develop all or any part of the "Property" unless and until it has applied for and received either (a) a site-specific conditional use permit for the parcel to be developed, or (b) ADDENDUM TO DEVELOPMENT AGREEMENT (MI-05-017 NESMITH ANNEXATION formally BLUE MARLIN) PAGE 1 OF 4 ~ i approval for a planned development of the entire "Property." The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this AZ 03-025 and AZ 05-065 applications:....." * Page 4, Item 5B2. - "Uwner/Developer" shall provide a 10 font landscape buffer adjacent to the proposed residential uses to the west, fun Champion Park and Champion Park Addition. * Page 4, Item 5B3. -That in exchange for the reduced buffer width (10'), with respect to buildings which are located on those lots which border the west boundary of the subject site (defined as the 58 acre Blue Marlin and 1.5 acre Nesmith parcel), and which take advantage of the reduced buffer, trash compactors and loading docks along the west side of future buildings are prohibited. 3. That "Owner/Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation of the "Owner/Developer", or their assigns, heirs, or successor shall not meet the conditions of this addendum to the Development Agreement, and any new Ordinances of the City of Meridian as herein provided. 4. This addendum shall be binding upon and insure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This second addendum shall be binding on the "Owner/Developer" of the "Property", each subsequent owner and any other person(s) 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 hereon 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 "OwnerlDevelvper", to execute appropriate and recordable evidence of termination of this addendum if "City", in its sole and reasonable discretion, had determined that "Owner/Developer" has fully performed its obligations under this Addendum. 5. If any provision of this addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 6. This addendum sets forth all promises, inducements, agreements, condition, and understandings between "Owner/Developer" and "City" relative to the subject matter hereon, and there are no promises, agreements, conditions or ADDENDUM TO DEVELOPMENT AGREEMENT (MI-05-017 NESMITH ANNEXATION formally BLUE MARLIN PAGE 2 OF 4 understanding, either oral or written, express or implied, between "Owner/Developer" and "Cit}~', other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this second addendum 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". a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject "Properl}~' herein provided for can be modified or amended within tlae approval of the City Council after the "City' has conducted public hearing(s) in accordance with the notice pmvisivns provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 7. This addendum shall be effective as of the date herein above written. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement anal Made it effective as hereinabove provided. OWNER/DEVELOPER: B Winston .Moo CITY OF MERIDIAN ``'````1111111111111~Y'f . ~y~, ,~.I ~ 4 J yor v'r~ ti n ~ ~ r .. m G. Berg, Jr., Ci Cl~ k ~' ~~ ~ ; f ~ ~° •. /','`'~~~/11 r' 11 t i 1 y 15114~'1,~`,l y/de Weerd ADDENDUM TO DEVELOPMENT AGREEMENT (MI-05-017 NESMITH ANNEXATION formally BLUE MARLII~ PAGE 3 OF 4 • STATE OF IDAHO ) . ss: County of Ada, ) On this ~~'~' day of A~ ~fi 2006, before me, the undersigned, a Notary Public in and far said State, personally appeared Winston W. Moore, known or identified to me to be the person who executed the above instrument, and aclalowledged to me that he executed the same. IN WI TNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) ' s .•~ ~10TARy •' _ L~ _ * ~ ~ ~ ~ ~ * Notary Public for Idaho '; PUBLIC .s^ 4 Residing at: ~~ 1dQ.InD ~,~ •.•• -••: ,~~ My Commission Expires: b 1- 13 - ,2012- STATE OF IDAHO ) ss County of Ada ) On this~~'' day of ADri 1, , 2006, before me, a Notary Public, personally appeared Tammy de Weerd and William G. Berg, 7r., 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 ackaowledged 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) o~ A$~,,~'~ i . . ~; "~ ^ ~ . ^ ~ . ' • ~ ~ ~Af • ~ • N •• ~~ ` I -~ 1 O~r~~ '~~} ~~1*-1 Notary Public for Idaho Residing at: ~~ I (~ ~L~ ~ 1~_ Commission expires: l(J-~ ~-~~ ADDENDUM TO DEVELOPMENT AGREEMENT (MI-05-017 NESMITH ANNEXATION fom~ally BLUH MARLIN) PAGE 4 OF 4 • Exhibit A -- Legai Description nwt~: nre~ 09 Zoos ~~ 6~uadrant a+rsets: w. N, iKnotr C o n a u t t l n g, t o t:. !tltad tYa: So532449I9A !a=e: l aft ~- psn:ei of btpd bolo that tract ie ~~f ~ ~A~ @ daeenbed is Watraoty pooid fnshtatt~ Na 99096't04 Ada ~ ~, 8oist: MeiAi~ qeL tyY~ o~'Y• ofSeQtion 32, Towmblp 4NortA, ' ~ °q0~ P~ulttrly t{muibod as fotlosns m the 8auha~e oDf~er ofgid Seelioo 32, thtnca song tbs South line of said Secboo ~s ~ orltast v~aat: tro.e, rtoeUt x°44'39^ weac ~ t9s.2~ test w too s'orxlr o>F ~t ihtnoe aieoss +~d Sootb sno sad eeoosr6oa tYo~ 89'~~q•39" Weft 133.pp Feet to rho Bast 1/Id toroc[ m setd Section 32 sad Seeliaa 5~ r0"'~P 3 Nom ~ t B.r, Boise Meridian; titenee ~~ said So+nh roe sed 4~ tbo Wdclims ofadd toe! ~W ~ '02" Bast491.28 gxt m ~e Noethwert eoeua• of said trawl: tt>aooo buriag add Walt slsoii~sliesth ltns ofssid keel SottlQt 89°14'39" Batt 133.00 fret to the i emav o(aaid ~ ttsraoe tosving said North Tma along the Bast Iota ofsaid haot sotd6 00°30'02" wtaa191.78 ~ w~ ~~aB$IDHG. said t~oa1 t+ootaina ds.3lo agaata or 1.so ao,~, moil or ~ 6 ~ p:~~t' . aaSS,arl,StreeLSfr.493 • e ~navn~. Phonsll0tli3+2~00Y~ • ~tttaa)as•2-0Of= • i-Wnwkwaw.quodanlcs r`^~~D ' Su+rer'tr~p • tan-tactbn Monep~nr Exhibit A -Page 1 ® • A~1 IOIUNTY REC~iQEPt J. OAYIO WIYARRO ASOUpR .oo ~ BASE MHO 041E1/86 01:46 PM OEPU1'Y Viti~ Alter ~co ~--BEQtlc~ST o~ l ese4e~~s DEVELOPMENT AGREEMENT PARTIE5: 1. City of Meridian 2. Winston H. Moore, Owner/Developer ~ ~ THIS IaEVELOPNIENT AGREEMENT (this "Agreement', is made and entered into thas i ~. - daY of i L 2005, by and between CITY OF MERIDIAN, a u~unicipal corporation of the State ofldaho, hetceRer called "CITY', and Winsinn H. Moore, hereinafter ~~ "OWNER/DEV$LOPER". l • RECITALS: 1.1 WHEREAS, "OWNER/DEVELOPER" is the sole owner, in law and/or equity, of certain tract ofland in the Cowtty of Ada, State of Idaho, descrdsed in Exhibit A for each owner, which is at~ched hereto and by this reference incorporated herein as if a~ forth in full, herein after referred to as the `~mperty"; and 1.2 WHEREAS, I.C. ~ 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the "Owner" make a written commitment concet~g the use or development ofthe subject `~roparty"; and 1.3 WHEREAS, "City" has exercised its statutory authorityby the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re-zoni~ag of land; atxi 1.4 WHEREAS, "Owner" has submitted an application for annexation and zaning of the "Property's" described iA Exhibit A, and has requested a designation of (C-G) General Retail and Service Commercial District, (lVluiricipal Code of the City of Meridian); and 1.5 WSCR»A5, "Owner/Developer" made reorxs at thepublic hearings both before the Meridian planning & Zoning ~~~~ and before the Meridian City Council, as to how the subject `~ropperty°" will be developed and what improvements wilt be made; and 1.6 WHEREAS, record of the proccedings for the requested annexation and zoning designation of the subject `~ropent~'° held before the Planning & Zoning Commission, and subsequently before the City Council, include DBVELOPMENT AGRBI3MLNT (A7~03-025 - BI.LTB MARLIN) PAGE 1 OF 13 responses of governmetrt subdivisions providing services within the City of Meridian planning,jurisdiction, sad r~eived further testimony and comment; and 1 •~ WHEREAS, City Council, the 23td day of March, 2004, has approved certain Findings of Pact and Conclusions ofLaw and Decision and Order, set forth in ExhxbitB, which are attachedhereto and bythis reference incorporatesherein as if set forth is fiill, hereinafter referred to as (the "Findings'; and 1.8 W~+ RFARa the Findings require the "pwner" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNER" deems it to be in its best intermit to be able to enter into this Agreement and aclmowledges that this Agreement was entered i~rto voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Ovvner/Developer" to enter into a development agreement for the purpose of ensuring that the "Properly" i$ developed and the enbsequent use of the `p'roperty" 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 prooeedinge for zoning designation i3~om govenIInent subdivisions providing services within the planning Jurisdiction and from affected properly owners and to ensure re- zoaingdesignation is in accordance with the amended Comprehensive Plan of the City ofMeridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Aevelopment Ordinances codiSed in Meridian City Code Title 11 and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the shave recitals are coniracttaai and binding sad are incorporated herein as if set forth in full. 3. DEFINITIONS: For aA purposes ofthis Agreement the following words, terms, and phrases herein contained in this section shall be de5ned and interpreted as herein provided for, unless the clear context of the presentation ofthe same requires otherwise: 3.1 "CITY": means and refers to the City ofM®ridian, apartyto this Agreement, which i$ a municipal Corporaxion aYxl goverameat 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, DEVELOPII~N'f AQREEMENT (A2-43-025 -BLUE MAR.LII~ PAGE 2 OF 13 • 3.2 "4~NER/DEVELOPER": mss and. re+fera to Winston H. Moore whose address is PO Box 8204, Boise, Idaho 83707, the party level "~peny°' and shall include en wag said ,.prep. y subsequent owner(s~developer(s) of the 3.3 "PROPEIt1'y~: means end refers to that certain parcel(s) of `~ropp' Ideated in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be amaexed and zoned C-G (General Retail and Service Commercial District} attached hereto and by this reference incorporatai herein as if set forth at length. `~. USES PERNII7'TED By THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed wader"City's" Zoning Ordineace codiSed at Meridian City Code Section, 1- (G) which are herein specified as follows: "Owrier/Developer„ shall act develop all or any print of the `?'roperty„ unless sad armid ~ has applied for and received either (a) a slte+-speck candlli'onal ass pertaitfor the parcel to be developeay or (b) apPr~'~. fbr a planned development ojthe e~fre "Properly. "T/,e following are found to be pert~entprovislons o. jibe City of Meridian Coniprehenslve Plan ~d are opPdlcable to thlvAZ-03-0as applllcaYi'aa: Chagnter VII, pg~ g7-9~ p~ap~,ly Grratl, Ob,~ A, #6, Chapterlf; Goal ~, Ob,~. A, Chapter Y, Goad III, Obi B, #i,~ Chapter V~ Subsection 2, pg. 71, Chapter ~, Gaad 1, Obj. B, # 5, Chapter V.G, G~ N, Obj D, #?. 4.Z No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5• CONDITIOI~IS GOVERNING DEVEr.OPMENT OF SUBJECT PROPERTY: S.I. "Owner/Developer" shall develop the `property" in acxordar~e with the following sp~ial conditions: A. Adopt the Special Recommendation of the Planning & Zoning Commission es follow: 1. Delete Annexation and Zoning Site Specific Condition #3, page 8, of the 11/03/03 ataffr+eport in its entirety. 2. Replace Site Specific condition #3 with the following: "3.a. Prior to aunexatson ordinance approval, ffie City ofM~idianand Winston H. Moore will enteriato aDevelopment Agreement (DA). This DAwillrequire eithera DEYELOPNIENT A(tltBEh+IENT {AZ03.0Z5 - BLUE MARLIN) PAG$ 3 OF 13 • .__. conditional use or, a plarmed deyelapmeirt application be submitted to the City of Meridian prior to tLture development. (Per action of the City Council taken at thefr March 23, 2t}04 meeting, eliminate the word subdivision, so that the Development Agreement would require either a conditional u~ permit ar a planned development. 3.b. A conceptual master plan will be submitted with the planned development application or if the project is phased, a site specific plan will be submitted. (per action of the City Council taken at their .March 23, 2003 meeting, eliminated the word "for" and replaced it with the work "or".) 3.c. Any #f~ture plan, whether a planned dev®lopment or a phased. project, shall show a continuous public or private mad system that goes from Ustick Road north and may c~nnBCt to the north boundary and may also cosmect to Eagle Road, State Highway 55, if allowed by 1TD. The Developer shall provide ftuther detail withthe application for either a conditional use permit ar a planned development for a roadway system within the project, as well as to how the traffic is going to be moved throughout the devek~pmeut, and such roadway system shall, be consistent with the 1TA and ACID. (Per action of the City Council taken at their March 23, X004 meeting by providing an additional last sentence pertaining to the roadway system within the development.)" E. Adoptthe Comments andRecomimendaxionsoftheMeridianPTanning&ZoningDepartment as follows: 1. Remove arty existing domestic wells and/ar ~e s ~ this project from their domestic service, per City Ordinance Section 5/71517, when services are available firm the City of Meridian. Wells may beusedfornon-domestic purposes such as landscape irrigation. C. Adopt the Recommendations of ACIID asfollows (provided. that "Owner/Developer" does not waive its right to fiuther negotiate project specific conditions with ACRD}: If the r~tone is approved and the District receives a development propose], the District intends to provide the following requirements, in addition to auy additional requirements that may apply upon District review of future development, to the City of Meridian. 1. The applicant shall do one of the following; a. Dedicate by donation (or through a developm~t offset agreement whereby the applicant is reimbursed from impact fees to be collected solely from the applicant's specific development project) 4fi-feet of ughtof way from centerline along Ustick Road, and construct a mrwmum 5-foot wide concrete sidewalk along Ustick Road, located a minimum of 41-feet from the centerline ofthe right-of-way. DEVELOPA~NT AQTT (A~p3-025 - l3I.TJE MARI,,Il~ PAGE 4 OF 13 • • b. Do not dedicate additional right-of-~-ay, but con~ruot a minimwn 5-foot wide concrete sidewalk along Ustick Road, looaxed a minimum of 41-feet from the centerline of the right-of-way, in an easement prc-vided to the District. c. Do not dedicate additional right-of-~vay, but conatsuct a minimum 5-foot wide concrete sidewalk along Ustick Road, located at the back edge of the existing right- of-way. Accomplish all necessary adjustments m properly accommodate existing drainage and utilities. 2. Construct any local roadways that are proposed to intersect Ustick Road to align or offset a minimum of 300-fit from any existing roadway (measured centerline to centerline). 3. Construct anydriveways thatareproposed to intersect Ustick Road to alignoroffset a minimum of 230-feet from any existing or proposed driveway or street. 4. Once the access paints have been approved. bythe District, they are to be identified as such on the constyraction drawings. The remaining frontage along arterial and. collector streets shall be identified as having no access. 5. Complywith requirements ofITD for Eagle Road $vntage. Submit aletter from ITD regarding the said requirements prior to District approval of the finial plat or issw~ce of a building permit (or other required permits}, whichever comas first. Contact the Idaho Transportation Department's District lII Traffic Engineer Dan Cooace at 334-8300. 6. Comply with all Standard Conditions of Approval ACHD Standard Conditions of Approval 1 • Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs a~asociated with improving street frontages abutting the site shall be borne by the developer. 3. 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. 4. Utility street cuts in pavement lase than five years old are not allowed unless approved ina+ritingbytheDistrict. Contact the District's UtilityCoordinatorat 387- 6258 (with file number) for details. 5. All design and construction shall be in accordance with the Ada. County Highway District Policy Manual, ISPWC Standards and approval supplements, Constrictions Services procedures and all applicable ACRD Ordinaac~ unl~ specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. DLVEY.OPMENT AGRE>~NT' (AZrt)3.025 - BLUB MARLIIrO PAGB 5 OF 13 • • 6• The applicant shall submit revisal plans for staff approval, prior to issuance of building permit (or other required pemuts), which incorporates any required design changes, 7• 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. 8. Payment of applicable road impact fees are required prior to building constructiton in accordance with Ordinance #197, also Imown as Ada CountyHighwayDistrict Road Impact Fee Ordinance. 9. It is the r~onsibflity of the applicant to verify ali existing utilities within the right- of--way. The applicant at no cost to ACRD shall reluair existing utilities damaged by ~$ apphcant. T~ aPPll~ shall be required t4 call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACRD right-of--way. The applicant shall contract ACRD Traffic Operations 387-6190 in the event any ACHD conduits (spare or Slled) are comprised during any phase of construction, 10. ATo charge in the terms and conditions of this approval shall be valid unless they are in writing and signed bytbe applicant or the applicant's authorized lepresentative sad an authorized representatir+e of the Ada CountyI~ghwayDistrict. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Anychange bythe applicant in the planned use of thegroperiywhich 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 ar its successors in interest advises the Highway District of its intent to change the pla:med use of the subject property unless a waiverlvariaace of said requirement or other legal reliefis grantedpuxsuantto the lawin effect at the timethe change in use is sought. D. Adopt the Recommendations of the Meridian Fire Department as follows: The following will be the requirements and/or concerns to provide minim~mm levels of lire protection for the proposed. project: 1 • That afire-flow as required by the International Fire Code is provided to service the entir8 project. Fire hydrants shall be placed as average of 350' apart. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. D~1.OPMF~IT AC3REEMENT (A~03-025 -- BLUE MARLIN PAQB 6 OF 13 • • - 3. Fi~l approval of the fire hydraa~t locations shall be bythe Meridian Fire Department, 4. All intemai and external made shall have a ~g radius of 28' inside and 48' outside. 5. Operational fide hydrants are required before combustible construction begins. 6. The fire lanes aha11 have a clear driving surface which is 20' wide available at all times. ]E. Adopt the Recommendations ofthe Nampa Meridian Irrigatiatt District as follows: 1. All laterals and waste ways moat be protected, 2. All municipal surface drainage must be d on site. If ,any surface drainage laves the site, the Nampa Meridian Irrigation District must review drainage plans and requires a Land Use Change Application ba fled for review prior to final platting. 3. The Developer must comply with Idaho Code 31_3805. 4. N1V11D recommends that irrigation water be made available to all developmeabs within the Nampa Meridian Ligation District. F. Adopt the State of Idaho Transportation Department°s Recomm~dations as follows (provided that "Owner/Developer" does not waive its right to further negotiate access conditions with ITD): 1. SH 55 has been designated a principal Arterial. 1TD would like Ada County and the City of Meridian to help us preserve the odor by recogai~ng the following conditions. Future right of way widths will be, A; 120 feet each aide of centerline (240 feet totaq for building setbacks and, m include a Frontage road, or B: 70 fat each side ofcenterline (140 feet fatal) iftlae developerprovides an internal frontage toed type system to feeder made. 2. Aces to a 1'rinaipal Arterial Type N will be ~tenaections only, and, spaced at one mile intervals in rural arse sad orie-half mile interva]s in urban at~eas. Approaches (other than intersections) may be permitter in special cases on a temporary basis as follows: 1) Allowed until state highway system ins improved by a construction project at which time an access will be provided to theproperty, which maynot directly access the slate highway system, but may be via a .frontage or backage road. 2) Shall be recorded at the County Recorders Office ~) T~~Y access ructions will be Hated an the permit. DBVELOPNIHNT AoT ~gzz-o3-oas - a~uB ~ PAQE 7 OF 13 3. Noise abatement (berms, fences, etc.) will be the responsibility of the developer and will be constructed off of the State Right of ~Vay. (Ftiuther information about the noise aba~nent may be obtained from the Noise Abatement Measures, which is on file in the City Clerk's office. 6• COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoni deli default of the "Owner" or "Owners" heirs, successors, seal ~ gaahon reversed, upon a "Conditions (Iovemin Deve1 ~~ to coarply with Section S entitled S opmant ofSubject~ ofthis agreement within two years ofthe date this Agreement is eff~tive, and a.$er the "City" has complied with the notice and hearing procedures as outlined in I.C. § 67-6509, or any subsequ~t amendments or recodificatlons thereof. 7• CONSENT TO I1E-ANNEXATION AND REVERSAL OF ZONII~TG DESIGNATION; "Owner/Developer" consents upon default to the reversal of the zoning designation of the `property" subject to and conditioned upon the following conditions precedent tv-wit: 7.1 That the "City" provide written notice of arty failure to comply with this Agreement to "Owner" and if the "Owners' fails to cure such faihue within six {6) months of such notice. 8• INSPECTION: "Ovvner/peve! °~'~ '~' rmmediatelY ~n completion of any portion or the entirety of said development of the "ProP~' ~ rcquired bythis agreement or by City ordinance or policy, notify the City F,rgineer and request the CityEngineer's approval of such leted ' inspections andwritten comp improvements or portion thereof in accordance with the terms and conditions of this Development Agreement at:d all other ordinances of the "City" that apply to said Development. 9• DEFAULT: 9.1 I'n the event "~er/Developer", °`Owner/Developer's" heirs, successors, assigns, or subsequent owners ofthe "Property'' or an3rotherperson acquiring an interest in the "ProP~', fail to faithfully comply with all of the teens and conditions included is this Agreement in connection with the "Property''. this Agreement may be modified or terminated by the "City" upon compliance with the requir~emeuts of the Zoning prrynaIICe. 9.2 A waiver by `°City" of any default by "Owner" of any one or more of the covenants or conditions hereof shall apply solely to the bleach 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. DEVELOPMENT AGR` {AZ~Q3-025 - BLUE MARLIN] PAGE 8 OF 13 i • 10. REQITIREN~~ FOR RECOItDATIOIV: "Ci ° memorandum of this Agreement or this h'' shall r~ord either a and submit proof of such ~eement, including all of the Exhibits. at "Owner's"cost; Ordinance in connection vv~~ t ~~g ofthe~or to the third reading of the Meridian Zoning after such recordation, the Ci Council fails to Y the City Council. Iffor ~y~~ ~ t the ordinance in connection with the annexation and coning ofthe `~'roper[y" contemplated hereby, the "City" shall exearte anti record. an aPPI'oPriate inetnunent of release of this Agreement. 11. ZONING: "City" shall, hollowing recordation of the dul enact a valid and binding ordinance zonin the'~ro ~ Y approved Agreement, S PAY' as specified herein. 12, REMEDIES: This Agreement shall be enforceable in any court of competent juzisdiction by either "City" or "Owner, or by any successor or successors in title or by the assigns secure~~e~. F.nforcemem maybe sought by a~n appropriate action at law or inequity to sP performance ofthe covenants, agreements, conditions, and obligations contain~i herein. 12.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Owner" shall have thirty (3U}days after delivery ofnotice ofsaid breach m correct the same prior to the uon breachung Party+S seeking of any remedy P~~ for herein; provided, however, that in the case of arty such default which cannot with diligence be cured within such thirty (30} day period, if the defaulting pally shall commence to cure the same within such ~~Y (30) day Period and thereaRer shall prosecute the curing of same with drhgence and eontmwty, then the tune allowed to cure Buck faalure maybe extended for such period as maybe necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any croyenaat to be performed hereunder by either "Owner" or "City" is delayed for causes which are beyond the reasonable control of the P~h'respor~ble 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 tb.e amount of time of such delay. 13. SiJRETY OF PERICORMANCE: The " irrevocable letters of credit, cash deposits, certified check o~ may also surety bonds, Meridian City Code § 12-5 3, Uo insure that installation of the ~ ohable bo:xis, as allowed under agrees to provide, if required by the "City". provements, which the "Owner" 14. CERTIFICATE OF OCCUPANCY: The "Owner" occupancywill be issued until aIl improvementB are co 1 ~~ that no t~erbficates of entered into an addendum ~ ~ utde~s the Cit}~ and `Ovvner• have devel a8r'eem~t stating when the improvempi~ will be completed in a phased oiled; and in any event, no Certificates of O~p~cy shah ~ issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". tiEVELOPM>3NT A~ (A7r03-425 - BLUE MA,RI,I1V) PAQE 9 dF 13 u IS. ABIDE BY ALL Cl!TY QRDINANCES: That "Owner' ordinances of the City of Meridian and the ` ~ ' fees to abide by all or his a~i ~~°p'~ be abject to de-annexation ifthe owner gns, heirs, or successors shall not meet the conditions contained in the Findings ofFact and Conclusions of Law, this Development Agreement, and the p~ of the City of Meridian. lb. NOTICES: Any notice desired by the parties a~/or shall be deemed delivered if and when personally delivered or three 3~~ atler d Agreement United States Mai], regi sterd or certified mail, Po~Be prepaid, return tracei Ys eposit in the as follows: Pt requested, addressed CITY: OWNER/DEVELOPER: c/o City Engineer City of Meridian 33 $. Idaho Ave. Meridian, lD 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Ave, Meridian, ID 83642 Winston 1<i. Moore PO Box 8204 Boise, Idaho 83707 16.1 A party shall have the right to change its address by delivering to the other PAY a written notafication thereof in accordance with the requirements of this section. 17• ATTORNEY FEES: Should any litigation be commenced betw~ the parties hereto concerning this Agreement, the Ps'evailing ply shell be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's f~ as determined by a Corot of competent jurisdiction. This provision shaII be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 1$. TINXE IS OF TSE ESSENCE: The parties hereto aclrnowledge and agree that time is strictly of the essence with respect to each and everyterm, condition and provisianhereof, and that the faih~re to timely perfume any of the obligations hereunder shall constitute a breach of and a default udder this Agreement by the other party so fairing to perlo~, 19. BINDIlITG UPON SUCCESSORS: This Agreement shall be bindingupon and inure to the beztefat of the parties' respective hems, successors, assigns and personal representatives, including "City's" corporate authorities aml their successors in office. This Agreement shall be intere$g ~ ~"Ownez" oftha `~+operty-", each subsequent owner and anyotherpen3oa acquiring an `property". Nothing herein shall in any way prevent sale or alienation of the DEVELOPMENT A~ (AZ03-025 - BLU$ MARL' lI~ PAGE 10 OF t3 • "~ol~'ty' ; or portions thereoi; except that any ~1e 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' ate, upon written request of"Ownel", to execute appropaats and recordable evidence of termination of this Agreement if "City' ; in its sale and reasonable discretion, had determined that `~vNaer" has fully performed its obligations under this Agreement. 2~• IIWALID PROVISION: If anyprovision of this Agreement is bald not valid by a court of compet~t jurisdiction, such provision shall be deemed to be excised iirom this Agreement and the invalidity thereof shall not erect any of the other protrisions contained herein. 21. FlQ1TAL AGREEME111T: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "(~~+' ~'~ity" rralativa to the subject matter hereofi and there era no promises, agraem~, conditions or ~d~nding, either oral or written, express or implied, between "pvvner" and "City", other than as are stated herein. Except as herein otherwise provided, rio subsequent al~ation, amendme~, change or addition to this Agre~neirt shall be binding upon the parties hereto unless realueed to writing and signed by them or their successors in intermit or their assigns, and pursuant, with respect to "City'', to a duly adopted ordinance or resolution of "City'. 21.1 No condition govemingthe uses and/or conditions goveruirigrezaning ofthe subject "Property" herein provided fvr cam 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 azoningdesignationand/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agr~nent shall be effective on the date the Meridian City Cotmcil shall adopt the amendment to the Meridian Zoning Ordinance in connection with the: annexation and marring of the "Property" and execution of the Mayor and City Clerk. DEVELOPA~'1' AGREEMENT (AZ-0~-025 - BLUE NIARLII~ PAt3E 11 QF I3 ~ • ACKNOWLEDGMENTS IN WiTNBSS ~REOF, the parties have herein executed this agreemeirt and made it effective as hereinabove provided. OWNER/DEVELOPER: STON OO CITY OF MERIDIAN BY: ' MAYOR T ~~ Attest; ~'``~ ~ 6~ G'•~ LJa~,c~ ~-19-05 STATE oli mAxo ~ ss COUNTY OF ADA } ~~~•'~~ .~ On this ~ Notary Public ~ ~Y of ri 2005, before me, a Personally aPp~ WIl~TSTON A. OORB lmowa or identified to me to be the P®rson who executed the instrument and aclmowledged to me that he have execut~l the same. ~~y ~~•~~~~~~"~•D.'y~'fy Notary Public f Idaho ~'~t10TARY~~Z ~ 1tE~tdarigat: tk ~ ~~p~~~~ S~* _= CCII7m18s10A 81[pjI'eg; ~~~QC~ L Lt • VaW~ ~ DEVl1LOPMBNT AC}R$BMBNT (A7f03-025 - BLUE MARLIN PAC3E 12 OF 13 ~ ~ STATE QF IDAHO ) ss County of Ada ) On this ~' . -.~-_~°# ~ ~ 2005,beforeme, aNotatyPublic, personally Tammy de Weerd and Willi G. Berg, Jx., know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, wha ex~uted the instrument ar the person that executed ttre instrument of behalf of said City, and aclmawledged to me that such City executed the same. ,~r' ~~CB t, ~q;~y_ (SEAL) ~~` ~ SOT ~,~~ ~' * ~4+~r ~~ # N ~°Zt$ L1G Ayl .~ O r A~ OF YD ~`~.~-`.rr at' r-; 6~ ~ w lan eXpiteS' DIBVELOPMENT AGREBA~' (AZ.03 2S) ' PAQE 13 OF 13 Gazebo Concept Trellis Concept E. YhSNLtiE II MS (t7ttrA7F.7 ti . ' ~. ~ ~ i~~~s I YiU :3 F ~~ i rs~ , ~~~~n a,:fy w ~~L~:: I ~ `1 i t ' wig ~~- ~ ~ ` ~~ ~,,; - ~ - r:~ ~~ .. -_~-__-_ -------- - K (" wt,,r r; ~ J yy Imo' - ~ ~~W["1~"~+~~F ~~'.i`"". ~~'~ }~, y.- - - -. - - Pty t~ _- - ~ - sal iH ~f -~ -. ' ~~ ii ~.T. A~ } er. __.._____ .• i•` f: ~i i ~ ~ '~ <a,=co ~..r. ~_~ ~ --- ~ ; PUDDRUCfCER5 i . ~ i_..-. --- --... ~ ~ , ti.,, I Y,19 R~rtnli P .i r ~ `~ M ll ~ w.! ~~ t ~ ~ L' rnn is KOHL'S . .~ -~ ~_. ~- -- ~. ,. . .n.J ~. ____ ___.. _. -__ i - ~ G K w 7 N W B MARKETPLACE Meridian Idaho THE LAND 680UP~ ING ~~~.K~. ~ ~~ ~~~ 80~ ' ~ ~, ~ ~ ~: COMPANY 208-323-19}9 -•••-,-.- r RmdBeteffi www.w~00t@CO.mm Fast U~icle Rand November 22, 200b MERIDIAN CITY COUNCIL MEETING November 28, 2006 APPLICANT ITEM NO. S-B REQUEST Contract Agreement for Consulting Services for a Classification and Compensation Project between the City of Meridian and BDPA, Inc. AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY S®e attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: D 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. • • Page 1 of 1 Tara Green From: Bill Nary Sent: Tuesday, November 21, 2006 8:18 PM To: Andrea Fogleman; Bonnie Brazier Cc: Keith Watts; Will Berg; Sharon Smith; Tara Green; Brad Watson; Bruce Freckleton; Len Grady; Ted Baird Subject: RE: Just checking back Flag Status: Green Attachments: Meridian Amendment #3 -Building Services Feasibility Study 11-06.doc Here is the new agreement. If you sign I can put it on for Tuesday for approval. From: Andrea Fogleman [mailto:eafog@msn.com] Sent: Tuesday, November 21, 2006 2:27 PM To: Bill Nary Cc: Bonnie Brazier Subject: Re: Just checking back Hi Bill: Sorry one of us didn't get back with you. There's no problem with the $80.50 per hour, plus travel. Do we need to revise and re-submit the contract or have you already taken care of it? Have a happy Thanksgiving. Andrea - Original Message - From: BillBill Narv To: Bonnie Brazier ;Andrea Fogleman Sent: Tuesday, November 21, 2006 1:29 PM Subject: Just checking back Any feedback on my last a-mail? Bill Nary City Aftorney/f~ Director City ofMeridiau 703 Main Street Meridian, ID 83642 208.898.5506 or 208.898-5503 (office) 208.884.8723 (fax) 11/22/2006 • • CONTRACT AGREEMENT For Consulting Services for a Classification and Compensation Project Between the City of Meridian and BDPA, Inc. Amendment #3 Scope of Work The City seeks assistance in conducting a confidential workforce planning and feasibility study for the Building Services Department. Based on the City's needs the primary study objectives will include: 1) Salary & benefits/total compensation market comparison, 2) Cost/benefit analysis, and 3) Recommendations for the immediate and near future. BDPA, Inc. agrees to: 1. Review existing departmental materials and interview staff and managers as needed {16 hours); 2. Conduct a total compensation market survey with other public and private entities (20 hours); employers to be mutually identified; 3. Compile and analyze total compensation results (22 hours); 4. Conduct acost-benefit analysis of several workforce planning options for the City Attorney (20 hours) 5. Follow-up with additional research (16 hours); and 6. Prepare final report for Council (16 hours). Estimated Hours/Cost: BDPA estimates that approximately 154 hours will be needed to conduct the work described above. The total fee is estimated at 154 hrs. x $80.50/hr. _ $12,397.00 and travel costs estimated at 100 miles @ $.485/mile ($48.50) for a total cost of $12,445.50. Hours will be billed on a monthly basis as work is conducted. By_ Title Date BDPA, Inc. By_ Title Date City of Meridian C~Contract Agreement Between the City of Meridian and BDPA, Inc. Page 1 Scope of Work Amendment #3, September, 2006 • ~ CONTRACT AGREEMENT For Consulting Services for a Classification and Compensation Project Between the City of Meridian and BDPA, Inc. Amendment #3 Scope of Work The City seeks assistance in conducting a confidential workforce planning and feasibility study for the Building Services Department. Based on the City's needs the primary study objectives will include: 1) Salary & benefits/total compensation market comparison, 2) Cost/benefit analysis, and 3) Recommendations for the immediate and near future. BDPA, Inc. agrees to: 1. Review existing departmental materials and interview staff and managers as needed {16 houYS); 2. Conduct a total compensation market survey with other public and private entities (20 houYS); employers to be mutually identified; 3. Compile and analyze total compensation results (22 houYS); 4. Conduct acost-benefit analysis of several workforce planning options for the City Attorney (20 hOZIYS) 5. Follow-up with additional research (16 houYS); and 6. Prepare final report for Council (16 houYS). Estimated Hours/Cost: BDPA estimates that approximately 154 hours will be needed to conduct the work described above. The total fee is estimated at 154 hrs. x $80.50/hr. _ $12,397.00 and travel costs estimated at 100 miles @ $.485/mile ($48.50) for a total cost of $12,445.50. Hours will be billed on a monthly basis as work is conducted. BDP ,Inc. By ~ ~j,~~ gy_ Title ~? ~~ ~;;, ~„~ Title Date ~~ - za- e6 Date ~~ ~a ,~~d.~ ©Contract Agreement Between the City of Meridian and BDPA, Inc. Scope of V6~ork Amendment #3, September, 2006 ofMeC~ `~>~~ ~~eiaiiiriri~e;. f`Fs ~ ~ ~° ~-~ `% ,p ~/ ~, %n G ~+ !~h V I ~ ~~~~ VVV~~' T-i'; ai~ '~ ~-~ , ~ ~.. .o .o a~ sss~i,~~>>Iltill Y111N1\t\\``~~~:' Page 1 • November 22, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING November 28, 2006 APPLICANT Mayor's Office ITEM NO. 6-A-~ REQUEST Recognition of Meridian's Recommendation for the Brightest Star Awards AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS ~`~ ~~;~~' Contacted: Date: Phone: Emailed: Staff Initials: Mat®rials presented Qt pubUc meetings shall become property of the Cify of Merldtan. • C~ The Idaho Brightest Stars Awards were established in 2001 by Governor Dirk Kempthorne, in partnership with the Governor's Coordinating Council for Families and Children and the Association of Idaho Cities. This award program recognizes `unsung heroes" who work tirelessly on behalf of families and children in their communities. These awards are also meant to encourage and affirm active volunteerism by citizens of all ages. Idaho's 2006 Brightest Stars come from communities in every part of the state, including Meridian. They represent all walks of life and stand as examples to us all of selfless service and dedication to making Idaho the best place to live. Brightest Stars personally invest their time and resources to make a positive difference in the lives of families and children. They strengthen their communities and, in so doing, strengthen Idaho. Tonight I'm proud to introduce you to two of Meridian's Brightest Stars -one an individual and one a local small business. Both will be recognized by the Governor and First Lady in a ceremony at the Capitol Building and Grove Hotel next Thursday evening. Let me tell you a little bit about them... Keith Bird -Individual Category i While Keith Bird's forty years of community service to the City of Meridian has touched people from nearly all walks of life, it is his passionate dedication to the youth of Meridian that is most noteworthy. Nearly every child who has participated in organized sports or youth activities in Meridian owes a debt of gratitude to Keith Bird. He's been a tireless advocate for instilling the values of leadership, teamwork, good sportsmanship, fairness and fitness through athletic opportunities for Meridian youth of all ages and abilities. Keith has been a champion for the success and enrichment of the youth of Meridian. Whether through his creation of youth athletic programs or his service to worthwhile civic projects, clubs and programs, Keith inspires leadership, integrity, and selflessness in all that he does. As a husband, father, coach, civic volunteer and community hero, Keith Bird has motivated thousands of youngsters and adults to do more and be more than they ever thought they could be. • Heritage Auto Repair -Small Business Category Heritage Auto Repair, owned by Tony &Becca Zanders, represents the ideal blend of entrepreneurial spirit and community involvement. The Heritage Auto staff regularly shares time, expertise and attention with those who need it most. Whether providing cars to families without transportation, mentoring vo-tech students at their worksite, or offering free oil changes to single mothers and veterans, this small company and its employees quietly contribute to the betterment of our community in a myriad of ways. This business' entrepreneurial spirit and heart for the community set a glowing example for other small family-owned businesses in our community, especially in a time when it's increasingly difficult for small businesses to compete with larger national chain stores. Tony and Becca Zanders are also personal inspirations. Despite parenting four young children and participating in school, church, and civic activities, they still make time for others, regardless of personal sacrifices they may have to make. Their willingness to serve others despite their demands as parents and business owners, inspires others in our community - customers, employees, other small businesses - to follow their glowing example. November 22, 2~6 Department Reports MERIDIAN CITY COUNCIL MEETING November 28, 2006 APPLICANT Mayor's Office ITEM NO. 6-A-2 REQUEST Discussion of Impact Fee Committee Make Up 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 BRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ~I; _.y~ G'" Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pubUc meetings shall become property of the City of Meridian. • • November 22, 2006 FP 06-046 MERIDIAN CITY COUNCIL MEETING November 28, 2006 APPLICANT Liberty Development, Inc. ITEM NO. $ REQUEST Tabled from November 8, 2006 -- Final Plat approval of 85 single-family residential building lots 8~ 8 common lots on 19.57 acres in an R-8 zone for Cedarcreek Subdivision -near the nwc of West McMillan Road and North Meridian Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See Previous Item packet /Minutes See attached Staff Report No Comments OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the CNy of Meridian. • BEFORE THE MERIDIAN CITY COUNCIL C/C November 28, 2006 IN THE MATTER OF THE APPLICATION OF LIBERTY DEVELOPMENT, INC., FOR FINAL PLAT APPROVAL OF 85 SINGLE- FAMILY RESIDENTIAL BUILDING LOTS AND 8 COMMON LOTS ON 19.57 ACRES IN AN R-8 ZONE LOCATED NEAR THE NORTHWEST CORNER OF WEST MCMILLAN ROAD AND NORTH MERIDIAN ROAD IN A PORTION OF THE S %: OF THE 5W 1/ OF THE SE 1/ OF T. 4N., R.1W., SECTION 25 CASE NO. FP-06-046 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 November 28, 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: November 28, 2006, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING CEDARCREEK SUBDIVISION IN A PORTION OF THE S 1/z OF THE SW '/ OF THE SE '/ OF T. 4N., R. 1 W., ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CEDARCREEK SUBDIVISION / (FP-06-046) Page 1 of 4 • SECTION 25, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2006, HANDWRITTEN DATE: 10/11/06, SHEET 1 OF 5, BAILEY ENGINEERING, INC.", LIBERTY DEVELOPMENT, INC., Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Kristy Vigil, Assistant City Planner for the Planning and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: November 28, 2006, listing 15 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 11 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 Bailey Engineering, Inc., a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of 1 page, and by this reference incorporated herein, and the response letter from Idaho Power, a true and correct copy of which is attached hereto marked Exhibit "C" and consisting of 1 page, and by this reference incorporated herein, and the additional requirements of the Council taken at their November 28, 2006 meeting as follows, to-wit: 1.1 Adopt the Recommendation of the Central District Health Department as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a ORDER OF CONDTTIONAL APPROVAL OF FINAL PLAT FOR CEDARCREEK SUBDIVISION / (FP-06-046) Page 2 of 4 mosquito breeding problem; and it is suggested that the stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Deparhnent, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGI3T TO REGULATORY TAIGNGS 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 ORDER OF CONDTTIONAL APPROVAL OF FINAL PLAT FOR CEDARCREEK SUBDIVISION / (FP-06-046) Page 3 of 4 request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe 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, withintwenty-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 Z ~ ~ day of IV OV'e Mb~" , 2006. >>°°°° ~ '~QR T e WEERD ATTEST: ®~~ `° p.. n.~ `~~:' LLIAM G. BERG, J , C CAE ~~'~~' ~ ~ar p -g e ~s Copy served upon: / Applicaf~,~~ -~ , ~,°+°`~ Planning D~im~meni+++~~ / Public Works Department City Attorney B ~ ~ - Y Dated: I ~ - i ~ 0 City Clerk's Office ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CEDARCREEK SUBDIVISION / (FP-06-046) Page 4 of 4 CITY OF MERIDIAN PL~NING AND PUBLIC WORKS DEPA~MENTS STAFF REPORT b ' ^' ,~ ~'' ck°s1~ tcY1~ ~~ ~ STAFF REPORT: Hearing Date: November 28, 2006 _ Transmittal Date: November 21, 2006 ~~ ~ '. ~ip~p qR~'Y +r LJe'9W YU i+' TO: Mayor and City Council °~~ ~~~~~ FROM: Kristy Vigil, Assistant City Planner Michael Cole, Development Services Coordinator ~ C SUBJECT: Cedarcreek Subdivision Final Plat Request for Final Plat Approval of Cedarcreek Subdivision Consisting of 85 Single-Family Residential Building Lots 8 Common Lots on 19.57 Acres in R-8 Zone by Liberty Development, Inc. (File# FP-OFr046). 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, Liberty Development, Inc., has applied for final plat approval of 85 single-family residential building lots and 8 common lots on 19.57 acres of land for Cedarcreek Subdivision. The current zoning designation for the proposed subdivision is R-8 (Medium-Density Residential). The gross density of the proposed subdivision is 4.34 dwelling units per acre; the net density is 3.83 dwelling units per acre. Cedarcreek Subdivision is located on the north side of McMillan Road, approximately % mile west of Meridian Road in the SE % of T. 4N., R.1 W., Section 25. This property has not been previously platted. The City Council approved the preliminary plat for Cedarcreek Subdivision on August 8, 2006 and the submitted final plat substantially complies with the approved preliminary plat. Staff recommends annroval of Cedarcreek Subdivision with the comments and conditions stated in this r, e~ort• SITE SPECIFIC CONDITIONS Applicant is to meet all terms of the approved preliminary plat (PP-06-007) and development agreement (Inst. No. 106183582). 2. The applicant has indicated that the pressurized irrigation system in this development is to be owned and operated by Settlers Irrigation District. Therefore, a letter of plan approval shall be submitted prior to scheduling of apre-construction meeting. 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. Exhibit "A" FP-06-046 Cedarcreek Subdivision FP.doc PAGE 1 CITY OF MERIDIAN PL~NING AND PUBLIC WORKS DEPA~MENTS STAFF REPORT 4. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. Temporary construction fencing to contain debris shall be installed at the subdivision boundary where permanent fencing does not exist. Perimeter fencing shall be installed prior to release of building permits for this subdivision. Sanitary sewer to this site is being proposed via extension of mains proposed, but not as yet installed, in Paramount #14. Apre-construction meeting shall not be scheduled until such time as the sewer stub from Paramount is installed, OR the applicant may provide a signed easement from the property owner to the north which would allow for installation of the sewer line through the Paramount property to the Cedarcreek Subdivision. 6. Applicant will be responsible to construct the sewer 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. 7. Water service to this site is being proposed via extension of mains proposed in McMillan Road and proposed mains in Paramount #14. The applicant shall be responsible to install mains to and through this development. Coordinate main size 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. 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. 9. All common driveways shall be constructed in accordance with UDC 11-6C-3D, and be paved a minimum of 20-feet wide with a surface capable of supporting 75,000 lbs. with a turning radius of 28' inside and 48' outside for fire vehicles and equipment. All properties that abut a common driveway shall take access from the driveway. Depict the building setbacks, and orientation of the lots and structures for all lots sharing driveways, on the face of the fmal plat. File a perpetual ingress/egress easement for all lots that share a driveway. The applicant may record an easement and include the instrument number on the face of the plat prior to signature of the City Engineer, OR dedicate said easements via the plat. Graphically depict the common driveway easements for each applicable lot on the face of the plat. 10. The applicant shall provide a sidewalk along McMillan Road in front of the outparcel directly to the west (Reiterman). Said sidewalk shall connect the sidewalk required along McMillan Road with the Paramount South 60 Subdivision to the required Cedarcreek Subdivision sidewalk along McMillan Road. The exact location of the sidewalk adjacent to the outparcel is to be determined by ACRD, with review and approval by the neighbors, Carl and Bonnie Reiterman 11. Post no parking signs on both sides of N. Newsham Avenue and N. Seel Way within fifty in both directions of the alley entrances, as measured from the centerline of the alley. 12. Revise or add the following plat notes on the face of the plat prepazed by Bailey Engineering, Inc., and dated 10/11/06: 9.) Revise to read,-~her~a~~-ase~ss ~~~ tl}iss-~p~~a Direct lot access to W. McMillan Road is prohibited." Exhibit "A" FP-06-046 Cedarcreek Subdivision FP.doc PAGE 2 CITY OF MERIDIAN PL~NING AND PUBLIC WORKS DEPAR'T'MENTS STAFF REPORT 10.) Revise to read,~ot~9, ~'~~'~', ~„a Lot 8, Block 8 has a 13-foot ... as shown and Lot 2, Block 6 has a 17-foot wide sidewalk easement as shown. *.) Add a note, "This plat is subject to a development agreement recorded as instrument number 106183582 of Ada County Records." 13. The landscape plan, prepared by The Land Group and dated 10/12/06, shall be revised as follows: a. Add the detail of the tot lot on the face of the plan. b. Revise the plan to depict the sidewalk along McMillan Road, which connects Paramount South 60 Subdivision and Cedarcreek Subdivision. c. The landscaping shown adjacent to the Reiterman property on the western boundary is not a part of the proposed plat, therefore it is not required. Submit three copies of the revised landscape plan to the Planning Department prior to signature on the final plat by the City Engineer. 14. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3B-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B- 11. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3B-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 15. Staff's failure to cite specific ordinance provisions or conditions of the preliminary plat does not relieve the Applicant of responsibility for compliance. STANDARD CONDITIONS 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 Z. 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. All development improvements, including but not limited to water, sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 4. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. Exhibit "A" FP-06-046 Cedarcreek Subdivision FP.doc PAGE 3 CITY OF MERIDIAN PL~NING AND PUBLIC WORKS DEPAR~ENTS STAFF REPORT 5. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 6. 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. 7. Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. S. Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. 9. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 10. 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. 11. Approval of the preliminary plat shall become null and void if the applicant fails to record the fmal 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 annroval of the final plat for Cedarcreek Subdivision (FP-06-046) with the above stated conditions. Exhibit "A" FP-06-046 Cedarcreek Subdivision FP.doc PAGE 4 • ailey Engineering,lnc. CIVIL ENGINEERING~PLANNING~CADD DATE: November 28, 2006 TO: Mayor and City Council RE: Cedarcreek Subdivision FP-06 046 Dear Mayor and City Council, On behalf of our client we would like to state that Liberty Development, Inc agrees with all Site Specific Comments and Conditions set forth in the final plat for Cedarcreek Subdivision. Thank you for your time and consideration, Sincerely, Aj Lopez Development Services 1500 E. iron Eagle Drive • Eagle, Idaho 83616 • Tel.: 208-938-0013 • Fax: 208-938-0516 www. baileyengineers. com Exhibit "Q" ~~~,~~ u~,,.. !1n IDACtJRP Corni~~r~i+,~ Margareta Ionescu Distribution Planning Engineer Office {208) 388-2068 10/27/2006 City of Meridian Planning $ Zonning Departament 660 E. Watertower Suite 202 Meridian, TD 83642 Re: Cedarcreek Subdivision -Preliminary Plat File #: FP 06-046 Tdaho Power Comparry, upon receipt of a formal request, may possibly need to upgrade existing infrastructure in order to provide electrical services to this development. There is an existing 230kV line double circuit to 138 kV line so Idaho Power requests a 35 foot setback from the center of the line beano building zone. The applicant should contact the local Tdaho Power Company Operations Center with a formal request for service. Sincerely, Margareta Tonescu F.shibit "C" • • November 22, 2006 AZ 06-042 MERIDIAN CITY COUNCIL MEETING November 28, 2006 APPLICANT Cherie A. Dalton Living Trust ITEM NO. 9 REQUEST Continued Public Hearing from November 21, 2006 -- Request for Annexation and Zoning of 20.18 acres from RUT to R-8 zones for Cotiswold Village Subdivision -- 2180 East Amity Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See previous Item Packet Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the Clty of Meridian. • • November 22, 2006 PP 06-044 MERIDIAN CITY COUNCIL MEETING November 28, 2006 APPLICANT Cherie A. Dalton Living Trust ITEM NO. 1 ~ REQUEST Continued Public Hearing from November 21, 2006 -Request for Preliminary Plat approval of 62 residential lots and 9 common lots on 20.18 acres in a proposed R-8 zone for Cottswold Village Subdivision - 2180 East Amity Road AGENCY COMMENTS __ CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See previous Item Packet Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the Cffy of Merldtan. • • November 22, 2006 AZ 06-044 MERIDIAN CITY COUNCIL MEETING November 28, 2006 APPLICANT Dan Wood ITEM NO. 11 REQUEST Continued Public Hearing from November 21, 2006 -Request for Annexation and Zoning of 19 acres from RUT to R-4 zone for Whitebark Subdivision -- 2135 East 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: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become properly of the Cffy of Meridian. See prev(ous Item Packet • . November 22, 2006 PP 06-046 MERIDIAN CITY COUNCIL MEETING November 28, 2006 APPLICANT Dan Wood ITEM NO. 12 REQUEST Continued Public Hearing from November218, 2006 -- Request for Preliminary Plat approval of 48 residential lots and 8 common lots on 19 acres in a proposed K-4 zone for Whitebark Subdivision - 2135 East Amity 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: See previous Item Packet Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • . November 22, 2006 RZ 06-010 MERIDIAN CITY COUNCIL MEETING November 28, 2006 APPLICANT Ron Van Auker ITEM NO. 13 REQUEST Public Hearing -- Request for a Rezone of 2.20 acres from I-L to C-G zones for Lanark Property -- northwest corner of Eagle Road and Lanark Street (Lots 1 8~ 2, Block 1 of Olsen & Bush Industrial Park) 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 P8.Z Item Packet /Minutes See attached Recommendations No Comments No Comments Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Mertdlan. • November 22, 2006 CUP 06-031 MERIDIAN CITY COUNCIL MEETING November 28, 2006 APPLICANT Joint School District No. 2 ITEM NO. 14 REQUEST Public Hearing -- Request for a Conditional Use Permit for lighted fields adjoining a residential district for Heritage Middle School -- 4990 North Meridian Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS See attached P&Z Item packet /Minutes See attaached Recommendations November 22, 2006 VAR 06-021 MERIDIAN CITY COUNCIL MEETING November 28, 2006 APPLICANT Joint School District No. 2 ITEM NO. 1 S REQUEST Public Hearing -Request for a Variance from UDC 11-3A-11 C3 to install light fixtures with exposed bulbs for the ball fields for Heritage Middle School - 4990 North Meridian Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See affached 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: No Comment SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials Materials presented at public meetings shall become property of the City of Meridian. • November 22, 2006 MERIDIAN CITY COUNCIL MEETING November 28, 2006 APPLICANT REQUEST U-Tum Prohibition Ordinance ITEM NO. ~ 6 AGENCY CI1Y 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 SERVECE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See a#Fached Ob,Iti~M""~ Contacted: Date: Phone: Emailed: Staff Initials: Niateriala present®d at public meetings sha11 become property of the City of MeddMn. CITY OF MERIDIAN ORDINANCE NO. ~ 6 ~ l2 7 ~ BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE AN ORDINANCE AMENDING TITLE 7, CHAPTER 1, SECTION 8, MERIDIAN CITY CODE REGARDING MAKING U-TURNS WITHIN THE CITY OF MERIDIAN; AND PROVIDING FOR A WAIVER OF THE READING RULE5 AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1: That Title 7, Chapter 1, Section 8, Meridian City Code is hereby amended to read as follows: 7-1-8: U-TURNS: 1i11'~-C~~#i~n ire ~xrl+• t~ nAT TT T n ~~,w,~ ,.,..,.a ~ .... _ , ~ ~ , ~ ~ ~ y F -c~~r fiirn~ t - .~ U tte,7 ; ~t l~II . a L , A. Restrictions: No U-turn or turn reversing the direction of travel shall be made• a) at anv intersection in which "No U-Turn" sins are erected nor e +.• ~ t t • >n~ i v iv b) in a designated "No assin ' zone• or within a "School Zone" as defined by the Meridian City Code• or ,d~ at any place other than at an intersection, ner unless there be sufficient space to make such turn without backing or immpedin trg affic, ne~and of not less than five hundred (5001 feet of roadway with a clear and unobstructed view by drivers from either direction a pro er signal is made and said turn can be performed safely v ua E)f4T•~ffi~~ in~x~hi.r~ t- s • ~ io ,t.:,.t. al- _ '- rr ' ' ' ' ~~hia,3i r~aaltains 1 t t + * ~ ~ T t, -~. o~r~a~ . ri~-o~ppo~rcc-~racvi mr9 For the purposes of this ordinance "safely" shall mean that th~arty making the U turn or turn reversing the direction of travel shall be responsible to establish that this U-TURN PROHIBITION Page 1 of 2 • maneuver can be made with due care to drivers and pedestrians at adjacent to or upon the roadwav and with due care in regards to the current conditions of the roadwav and driving conditions. It shall be unlawful to impede traffic with this driving maneuver. Section 2: That pursuant to the affirmative vote ofone-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 C~D~JNCIL O,F THE CITY OF MERIDLAN, IDAHO, this ~$ ~" day of ~ o~/~iyr+. , 2006. AP~ROVED BY TH/~; MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 28 ~ day of lyyPivw~.... , 2006. ATTEST: :`~~ ~ ~-51`~ ` ~ mo~i d ~~ CITY CLERK ~ ~ ; JJJJJJI!{i{iiii~~ U-TURN PROHIBITION Page 2 of 2 November 22, 2~6 MERIDIAN CITY COUNCIL MEETING November 28, 2006 APPLICANT ITEM NO. ~ 7 REQUEST Fire Code Amendment Ordinance AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY Se® aNached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: G~ CITY SEWER DEPT: ~~ 1 /~ CITY PARKS DEPT: 6 D 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. • CITY OF MERIDIAN ORDINANCE NO. ~~~' l 2 ~ BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE AN ORDINANCE AMENDING TITLE 10, CHAPTER 4, SECTION 2 OF THE MERIDIAN CITY CODE REGARDING THE FIRE PREVENTION CODE - FLOOR CONTROL VALVES; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR A SUMMARY; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDLAN, IDAHO: Section 1. That Title 10, Chapter 4, Section 2 of the Meridian City Code is amended to read as follows: 903.4.3 Floor Control Valves. Approved supervised indicating control valves shall be provided at the point of connection to the riser on each floor in n~~ Institutional and Multi-Tenant buildings two or more stories in height. Section 2. 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 after its passage, approval and publication. PASS +D by the City Council of the City of Meridian, Idaho, this 20~ day of o1rrG~~G~ 2006. A~P~'ROVED by the Mayor of the City of Meridian, Idaho, this ?i~¢ day of /tiOVL ~ y,• (~..~z. , 2006. APPROVED: • ~r~: :~_;`=~~~\a®'~~~i~~i'~!i ~ MAYOR ~ ~~~=' ATTEST: ~®®°° ~ ~~~;~~,; ~ ~.` ~~ ~•~ CITY CLERK ~ ~~, ~~:,~~' rye''//.sa9 ~ ~ y ~~ea A~~~a'L'a FIRE CODE AMENDMENT 2006~~~.'('~~~~iCONTR~OL VALVES Page 1 of 1 • • November 22, 200b MERIDIAN CITY COUNCi1 MEETING November 28, 2006 APPLICANT ITEM NO. 1$ REQUEST Ordinance Creating Meridian Arts Commission AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY Se+a attached CITY POLICE DEPT: CfTY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: ~ ,f') 2 'V / ~ ~P/~' CITY SEWER DEPT: ~ D // b ITY P C ARKS DEPT: ~,G~ MERIDIAN SCHOOL DISTRICT: ~ k ~ / / i ~ / 2 / l ADA COUNTY HIGHWAY DISTRICT: SANITARY $ERVIGE COMPANY I ~ CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials• MateMals presented at public meeflngs sha8 become properly of the CNy of Meridian. • • CITY OF MERIDIAN ORDINANCE NO. 06 ° ~ 2 BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE AN ORDINANCE ADDING TITLE 2, CHAPTER 5, TO THE MERIDIAN CITY CODE REGARDING: A STATEMENT OF PURPOSE; DEFINITIONS; ESTABLISHMENT OF ARTS COMMISSION, MEMBERSHIP, TERMS, VACANCIES, AND AUTHORITY; ORGANIZATION; POWERS, DUTIES, AND RESPONSIBILITIES; AND PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Meridian believes that development ofpublicly-accessible arts will highlight our community's rich cultural resources, enhance the City's aesthetic environment, and promote the development of economic, educational, recreational, and tourism opportunities within the City; WHEREAS, the City Council of the City of Meridian believes that the arts can be used as a conduit for exchanging ideas, making connections, and finding common ground and, when accessible to the public, will help to strengthen Meridian's community and families; WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of its citizens to create an Arts Commission for the purpose of advancing the arts within the City of Meridian through the research and development of opportunities and funding sources for the arts within our community; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 2, Chapter 5, of the Meridian City Code is added, to read as follows: 2-5-1: PURPOSE: The purpose of this Chapter is to highlight the City's rich cultural resources, enhance the City's aesthetic environment, and promote the development of economic, educational, recreation, and tourism opportunities within the City through the advancement of publicly-accessible arts. 2-5-2: DEFINITIONS: ORDINANCE CREATING MERIDIAN ARTS COMMISSION PAGE 1 OF 5 i i The following words and phrases when used in this Chapter shall have, unless the context clearly indicates otherwise, the following meanings: ARTS: Human-made works produced through creative activity which are depicted and intended to be experienced visually or through the use of other senses, including, but not limited to, all branches of the visual and performing arts. CITY: The City of Meridian. COMMISSION: The Arts Commission of the City of Meridian. 2-5-3: ESTABLISHMENT OF ARTS COMMISSION; MEMBERSHIP; TERMS; VACANCIES; AUTHORITY: A. Commission Established: There is hereby established a Meridian Arts Commission. B. Membership: 1. The Commission shall consist of a minimum of five (5) members and no more than nine (9) members. 2. Members of the Commission shall be appointed by the Mayor and approved by the City Council on a vote of a majority of the City Council members, and Commission members may, in like manner, be removed. 3. All members of the Commission and the officers thereof shall serve without salary or compensation. The City shall provide the necessary and suitable equipment and supplies to enable the commission to properly transact and attend to its business. The budget for Commission equipment and supplies shall be provided for through the Mayor's office budget. 4. Residents who reside within the corporate limits of the City of Meridian, or area of impact, and are a minimum of eighteen (18) years of age are eligible to serve on the Commission, except that one position may be designated to represent youth which commission member maybe, at the time of appointment, under eighteen (18) years of age. One member shall be a resident of the area of impact but no more than two (2) members maybe appointed from residents of the city impact area outside the corporate limits of the City. One (1) member, but no more than two (2) members maybe appointed "at-large" and do not have to be residents of the City or the impact area. 5. One member of the Meridian City Council may serve as a liaison and ex- officio member of the Commission and shall have no vote. ORDINANCE CREATING MERIDIAN ARTS COMNIISSION PAGE 2 OF 5 • C. Terms of Office: Initial appointments to the Commission shall be made as follows: one (1) one-year term; two (2) two-year terms; two (2) three-year terms. All additional and subsequent appointments shall be made forthree-year terms. The youth member shall be appointed to a term of up to one (1) year and may be reappointed to up to three (3) successive terms. Commissioners may be reappointed to serve additional terms. Commissioners wishing to serve additional terms shall submit a letter of interest to the Mayor thirty (30) days prior to the expiration of his or her previous term. Reappointments shall be at the discretion of the Mayor, with approval by the City Council. D. Vacancy: Vacancies shall be filled in the same manner as original appointments and the appointee shall serve for the remainder of the unexpired term. E. Advisory Status: The Commission shall be deemed advisory and shall report and make recommendations to the Mayor and City Council. All actions of the Commission shall be subject to approval by the Mayor and City Council by resolution and after such approval shall have the force and effect of ordinance. 2-5-4: ORGANIZATION: A. Bylaws: The Commission shall make bylaws necessary for the execution of its duties as set forth in this Chapter. The initial bylaws shall be approved by resolution of City Council and shall thereafter be amended by afour-fifths (4/5) vote of the members of the Commission and approved by City Council. Bylaws of the Commission shall be available for public inspection. B. Officers: 'The Commission shall annually elect officers from among the Commission members at the first regularly scheduled meeting after January 1 of each year. The Commission chair shall preside at meetings of the Commission. The vice chair shall, in the absence of the chair, perform the duties of the chair. C. Meetings: 1. T'he commission shall hold one regular meeting each month for not less than nine (9) months of each year. 2. All meetings of the Commission shall be open to the public, and shall be subject to the requirements of Idaho's open meeting laws. D. Records: The Commission shall keep minutes and other appropriate written records of its proceedings, actions, and recommendations to City Council. E. Quorum: A majority of the currently appointed members of the Commission shall constitute a quorum for the transaction of any business of the Commission. ORDINANCE CREATING MERIDIAN ARTS COMMISSION PAGE 3 OF 5 F. Reports: The Arts Commission shall make reports as requested by the Mayor or City Council. The Commission chair shall submit an annual report to the Mayor and City Council regarding the Commissions activities and accomplishments in the furtherance of the objectives of this Chapter. G. Conflict of Interest Prohibited: No Commission member may take voting action that financially benefits the member, any of the member's immediate family or the member's business or corporate affiliates. 2-5-5: POWERS, DUTIES, AND RESPONSIBILITIES: The Commission shall be advisory to the City Council and shall be authorized to: A. Assess the needs of the Meridian community with regard to the arts and make such information available to the City Council and all interested agencies and persons; B. Stimulate awareness and appreciation of the importance ofpublicly-accessible art and its benefits to the community; C. Encourage the growth and preservation of the City's art resources, foster the development of a receptive climate for the arts, and promote self-sustaining arts programs within the City; D. Review and advise the City Council on the aesthetic aspects of works of art or public monuments under consideration to be accepted or commissioned by the City of Meridian; E. Promote the development of, and provide general information and encouragement to, the City's cultural organizations, artists, institutions and community organizations sponsoring arts activities; F. Seek and encourage financial support, including, but not limited to, grants, loans and guarantees to artists, arts institutions and community organizations sponsoring arts activities and publicly-accessible arts in the City, subject to City Council approval; G. Recommend to City Council, within the limits of the Commission's funding, the employment of or the contracting with other parties for the services of technical experts or other persons as it seems necessary to carry on the functions of the Commission; H. Prepare and submit budgetary recommendations to City Council for expenditures necessary for the continuation and development of public programs furthering the arts; I. Cooperate with federal, state, and local governments, schools, and private art organizations, in the pursuance of the objectives of this Chapter; and ORDINANCE CREATING MERIDIAN ARTS COMMISSION PAGE 4 OF 5 J. Recommend ordinances and otherwise provide information for the purposes of advancement ofpublicly-accessible arts in the City. 2-5-6: SEVERABILITY: If any provision or section of this Chapter shall beheld to be invalid by a court of competent jurisdiction, then such provision or section shall be considered separately and apart from the remaining provisions or section of this Chapter, which shall remain in full force and effect. Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 3. 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 after its passage, approval and publication. PASSED by the City Council of the City of Meridian, Idaho, this 2 g ~ day of pU,~`y,~~~ , 2006. APPROVED by the Mayor of the City of Meridian, Idaho, this 2 ~~day of ~(i,P/hv~. , 2006. APPROVED: WILLIAM G. BERG, ~®~1jf9P! 8l49A~~ ORDINANCE CREATING MERIDIAN ARTS COMMISSION ~ PAGE 5 OF 5 NOTICE AND PIUBLISII[ED SI~VIlVIARY OF ORDINANCE PiTRS~ITANT TO LC. ~ ~0-901(A) CITY OF MERIDIAN ORDINANCE N0.06~ % Z ~ tJ ADDING TITLE 2, CHAPTER 5, TO T.11iE MERIDIAN CITY CODE An Ordinance of the City of Meridian adding Title 2, Chapter S, of the Meridian City Code. A full text of this ordinance is avai~i$~ile for~y~~ 'c~l.ax, City Hall, City of Meridian, 33 East Idaho Avenue, Meridiac~i Ids ` s~i~,a~f~~shall become effectiv upon passage and publication. ~ X40 ~® ~rJ~y;~~~s~~ ~ .rte' .~ c m Q, _ yor and City Council of a City of Media ~~ ~ _r _ "'~" - By: William G. Berg, Jr., City Clerk = ~ „~ ~~. ~, First Reading: l/- 2°~-~~ Adoptec~'~ 1' ~~~`suspension of the Rule as allowed pursuant to Idaho Code § 50-902`:``' ~ ~ ~ S . ~ ~ NO Second Reading: ~- Third Reading: -- STATEMENT OF MERI®IAN CITY ATTORNEY AS TO ADEQITACY OF StfMMA12Y OF ORDIlITANCE NO. 06- ~g ~ The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 06- / 2 ~ O of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-90IA(3). DATED this ~ day of ~G- 2006. ~r William. L.M. Nary, City Attorne St7MIN'ARY FOR ORDINANCE CREATIlVG MERIDIAN ARTS CONIlVIISSION PAGE 1 OF 1