Loading...
HomeMy WebLinkAbout2006-11-21n e A 1'{ F ~-~'~ ' ~ 1 ~~ ,~ CITY OF d ~. %'1/(~Y1G~I~YI ~ ~~~, 1DAH0 )~ Aye ~'F M"ea ~ TaetiSUnE V nay 1903 • Revised 11-20-06 CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, November 21, 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 Gorton ~C Charlie Rountree k Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: /QiL/ph Chtip~ne/! 3. Community Invocation by Pastor Bud Henthorn with Meridian Gospel Tabernacle: /~ ~~~ 4. Adoption of the Agenda: ~~~hc. as ~ 5. Consent Agenda: A. Findings of Fact and Conclusions of Law for Approval: AZ 06- 041 Request for Annexation and Zoning of 8.95 acres from RUT to an R-8 zone for Harpe Subdivision by Lany C. Harpe - 4715 North Locust Grove Road: Cv~lY~rc.. B. Findings of Fact and Conclusions of Law for Approval: PP 06- 042 Request for Preliminary Plat approval of 24 residential lots and 3 common lots on 8.95 acres in a proposed R-8 zone for Harpe Subdivision by Larry C. Harpe - 4715 North Locust Grove Road: ~~~~ C. Findings of Fact and Conclusions of Law for Approval: AZ 06- 032 Request for Annexation and Zoning of 29.31 acres from RUT to an R-8 zone for Triloay Subdivision by Conger Management Meridian City Council Meeting Agenda -November 21, 2006 Page 1 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • • Revised 11-20-06 Group -south side of Chinden Boulevard and east of Black Cat Road: ~~•~,,~. ~. D. Findings of Fact and Conclusions of Law for Approval: PP 06- 032 Request for Preliminary Plat approval of 148 single-family lots and 14 common /other lots including 2 private street lots on 28.17 acres in a proposed R-8 zone for Trilogy Subdivision by Conger Management Group -south side of Chinden Boulevard and east of Black Cat Road: aj~j~~+-~- E. Findings of Fact and Conclusions of Law for Approval: VAR 06-023 Request for a Variance to UDC 11 setback to be reduced to ten feet from tf• porches and side loaded garages for all Subdivision by Heron River Development, Road: a~~~-~- •2A-5 to allow the front e back of sidewalk for phases of Crossfield LLC - 955 West Ustick F. Findings of Fact and Conclusions of Law for Approval: RZ 06- 009 Request for a Rezone of .57 acres from an I-L zone to an R-8 zone for Vicki Garton by Vicki Garton - 435 W. Broadway Avenue: ~~~-- G. Resolution No. ~6"-~~/ VAC 06-013 Request for a Vacation of the public utility, drainage & irrigation easement common to Lots 26 & 27, Block 1 of Lochsa Falls Subdivision No. 6 by Wayne Barber -1660 West Glad Creek Street and 3906 North Cougar Flat Avenue: ~7~~ H. Resolution No. O ~ -'S~~- :CPA 06-004 Request for a Comprehensive Plan Amendment to modify the definition of "Office" by removing the last sentence of the description (see Chapter VII, page 106, June 2006 printing of the Comprehensive Plan) for Office Designation Text Amendment by the City of Meridian Planning Department: a~j'~wc- I. Addendum to Development Agreement: MI 05-009 Request for Miscellaneous application for approval to remove the Preliminary Plat, Final Plat and Development Agreement requirement fora 20 foot landscape buffer on the southern boundary of the property for Olsen Bush Subdivision No. 2 by R2 Development, Inc. -west end of East Lanark Street: a~ry'ov~v J. Development Agreement: AZ 06-028 Request for Annexation and Zoning of 4.43 acres to an R-15 (Medium High-Density Residential) zone for Touchstone Place Subdivision by Horizon Development -1187 East Fairview Avenue: ~+~r~J~nQ-,..~ Meridian City Council Meeting Agenda -November 21, 2006 Page 2 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 11-20-06 K. Development Agreement: AZ 06-013 Request for Annexation and Zoning of 21.77 acres from RUT to R-15 zone for Canterbury Commons Subdivision by America West Homes, LLC -south side of Pine Avenue and east of Ten Mile Road: ~,-~v-c- L. Chance Order for Asbestos Abatement and Demolition not to exceed $35,556.30 for Additional Asbestos found not on Original Haz-Mat Survey with Ideal Demolition Services, LLC: ~~~- M. Approve Beer and Wine License Applications for JMS Services Group, Inc. dba My Caffe at 450 S. Meridian Road, Suite 15: e~~~ N. Reimbursement Aareement for Construction of Approximately 450 Feet of Water Main Offsite 8< Fronting Arnke Subdivision with MCA Construction for $19,263.00: ~~~-r~w~ 6. Department Reports: A. Public Works Department 1. Recommendation of Construction Manager for Water Division Building Project: ~~-~~- i-c~oc~~5,,,:.. B. Parks Department 1. Request for Budget Amendment to Change Two Part- Time Office Assistant Positions into One Full-Time Position: ~~o~-~r-,~ C. Planning Department 1. Request to Develop 5684 Overland Road Without City Services: a7~''',,.,avw ~,c.r ~,.1s.,,,,r ~/a,,.~.y~.~ ,~-~cG{~s~ D. Legal Department ~'~ <<~v~- °+ w~ ~~~~ 1. Discussion of Arts Commission Ordinance: ~,~~ a~,..~w 2. Discussion of Amended U-Turn Ordinance: ~,c~ u-~-~°" 3. Discussion of Doc License Ordinance: ~~,,,~/~~~t, wv,~i~ ~ ~ 4. Approve SWAC Recommendation on New Playaround Equipment at River Valley Elementary for $12,000.00: ,~y~w~-- Meridian City Council Meeting Agenda -November 21, 2006 Page 3 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. E. Mayor's Office Revised 11-20-06 1. Request for Budget Amendment for Part-Time Position in the Mayor's Office: c,y,~r,,.~~.-~- '~Z~7~7, °~ F. Fire Department 1. Discussion of Amended Fire Code Ordinance ~,/a cL ~.,,, 7. Items Moved from Consent Agenda: 1~~~~+~ ~~`~ ~~.~Lov 8. FP 06-048 Request for Final Plat approval for 50 residential building lots, 32 commercial building lots, 1 City park lot, 21 common lots on 62.01 acres in R-15 and C-G zones for Gramercy Subdivision No. 1 (fka Kenai Subdivision) by Kenai Partners, LLC -East Overland Road and west of Eagle Road: ~,bli, ~, ~, ~ 2®~6 9. FP 06-047 Request for Final Plat approval for 48 attached single-family residential building lots, 20 detached single-family residential building lots and 5 common lots on 11.05 acres in an R-8 and R-15 zones for Cedar Springs Townhomes by John Flaherty Construction -south of McMillan Road and west of Meridian Road: ~7'rrre'rc. 10. Continued Public Hearing from November 8, 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: ~~~,,~ ~~~ ~,,, 6/sZg~m 6 11. Continued Public Hearing from November 8, 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: 12. Continued Public Hearing from November 8, 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: 13. Continued Public Hearing from November 8, 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: C~,.h~ ~/~ ~ ~/,ZB ~,~~ 14. Public Hearing: AZ 06-048 Request for Annexation and Zoning of 32.75 acres from RUT to a C-G zone (8.74 acres) and I-L zone (24.01 acres) for Meridian City Council Meeting Agenda -November 21, 2006 Page 4 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. u Revised 11-20-06 Creamline Park Subdivision by Creamline Associates, LLC -1200 W. Franklin Road: ~e~a.,.c ~~~ ! o~,~ ~,,- ~•a.e. 15. Public Hearing: PP 06-050 Request for Preliminary Plat approval of 6 industrial lots on 24.01 acres in a proposed I-L zone and 4 commercial lots on 8.74 acres in a proposed C-G zone for Creamline Park Subdivision by Creamline Associates, LL -1200 W. ranklin Road: 16. Ordinance No. ~6 -- lZ~S IZZ 06-009 Request for a Rezone of .57 acres from an I-L zone to.an R-8 zone for Vicki Garton by Vicki Garton - 435 W. Broadway Avenue: a~~,v~c.. 17. Ordinance No. 06 "~ /27b~ AZ 06-028 Request for Annexation and Zoning of 4.43 acres to an R-15 (Medium High-Density Residential) zone for Touchstone Place Subdivision by Horizon Development -1187 East Fairview Avenue: ~~~..~~,,~, 18. Ordinance No. 0~ -'/277 AZ 06-013 Request for Annexation and Zoning of 21.77 acres from RUT to R-15 zone for Canterbury Commons Subdivision by America West Homes, LLC - south side of Pine Avenue and east of Ten Mile Road: Gy'r'es°w 19. Executive Session per Idaho State Code 67-2345(1)(a) - (to consider hiring a public officer, employee, staff member or individual agent, not to include. This paragraph does not apply to filling a vacancy in an elective office); and Idaho State Code 67-2345(1)(b) - (to consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student): and Idaho State Code 67-2345(1)(c) - (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency): G~~1/O~/`~U ~IIOHI'in'101 ~G~h"•/~,/~~vYJ f''6Crtrr.r+•~%s..~.divf7~^~.~ ~y. !~-~%h. ~e.1~.~..~ o~' ~~~cwho,...R.G ~e~jr~c,~..~c,r ~v,, `w. d.~,a..-~i-~...~- r~crlwrf~~c~h~.:.. Meridian City Council Meeting Agenda -November 21, 2006 Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ~~~G,~~ ~ ~tr ~~~ ~ C I~ ~~ tCC -ISSI 1 f _, ~~ ~' CITY OF c. %'l~t ~YIG~1G~77~ i II}AHO ~, ~J ye , C' ~ER ~ TREq$(7gE V nUEY sees ,1903 CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, November 21, 2006 at 7:00 p.m. `Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter." 1. Roll-call Attendance: Shaun Wardle Joe Borton Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Bud Henthorn with Meridian Gospel Tabernacle: 4. Adoption of the Agenda: 5. Consent Agenda: A. Findings of Fact and Conclusions of Law for Approval: AZ 06- 041 Request for Annexation and Zoning of 8.95 acres from RUT to an R-8 zone for Harpe Subdivision by Larry C. Harps - 4715 North Locust Grove Road: B. Findings of Fact and Conclusions of Law for Approval: PP 06- 042 Request for Preliminary Plat approval of 24 residential lots and 3 common lots on 8.95 acres in a proposed R-8 zone for Harps Subdivision by Lany C. Harpe - 4715 North Locust Grove Road: C. Findings of Fact and Conclusions of Law for Approval: AZ 06- 032 Request for Annexation and Zoning of 29.31 acres from RUT to an R-8 zone for Triloay Subdivision by Conger Management Meridian City Council Meeting Agenda -November 21, 2006 Page 1 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Group -south side of Chinden Boulevard and east of Black Cat Road: D. Findings of Fact and Conclusions of Law for Approval: PP 06- 032 Request for Preliminary Plat approval of 148 single-family lots and 14 common /other lots including 2 private street lots on 28.17 acres in a proposed R-8 zone for Trilogy Subdivision by Conger Management Group -south side of Chinden Boulevard and east of Black Cat Road: E. Findings of Fact and Conclusions of Law for Approval: VAR 06-023 Request for a Variance to UDC 11-2A-5 to allow the front setback to be reduced to ten feet from the back of sidewalk for porches and side loaded garages for all phases of Crossfield Subdivision by Heron River Development, LLC - 955 West Ustick Road: F. Findings of Fact and Conclusions of Law for Approval: RZ 06- 009 Request for a Rezone of .57 acres from an I-L zone to an R-8 zone for Vicki Garton by Vicki Garton - 435 W. Broadway Avenue: G. Resolution No. VAC 06-013 Request for a Vacation of the public utility, drainage & imgation easement common to Lots 26 & 27, Block 1 of Lochsa Falls Subdivision No. 6 by Wayne Barber -1660 West Glad Creek Street and 3906 North Cougar Flat Avenue: H. Resolution No. :CPA 06-004 Request for a Comprehensive Plan Amendment to modify the definition of "Office" by removing the last sentence of the description (see Chapter VII, page 106, June 2006 printing of the Comprehensive Plan) for Office Designation Text Amendment by the City of Meridian Planning Department: I. Addendum to Development Agreement: MI 05-009 Request for Miscellaneous application for approval to remove the Preliminary Plat, Final Plat and Development Agreement requirement fora 20 foot landscape buffer on the southern boundary of the properly for Olsen Bush Subdivision No. 2 by R2 Development, Inc. -west end of East Lanark Street: J. Development Agreement: AZ 06-028 Request for Annexation and Zoning of 4.43 acres to an R-15 (Medium High-Density Residential) zone for Touchstone Place Subdivision by Horizon Development -1187 East Fairview Avenue: Meridian City Council Meeting Agenda -November 21, 2006 Page 2 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. -__J K. Development Agreement: AZ 06-013 Request for Annexation and Zoning of 21.77 acres from RUT to R-15 zone for Canterbury Commons Subdivision by America West Homes, LLC -south side of Pine Avenue and east of Ten Mile Road: L. Change Order for Asbestos Abatement and Demolition not to exceed $35,556.30 for Additional Asbestos found not on Original Haz-Mat Survey with Ideal Demolition Services, LLC: 6. M. Approve Beer and Wine License Applications for JMS Services Group, Inc. dba My Caffe at 450 S. Meridian Road, Suite 15: N. Reimbursement Agreement for Construction of Approximately 450 Feet of Water Main Offsite ~ Fronting Arnke Subdivision with MCA Construction for $19,263.00: Department Reports: A. Public Works Department 1. Recommendation of Construction Manager for Water Division Building Project: B. Parks Department 1. Request for Budget Amendment to Change Two Part- Time OfSce Assistant Positions into One Full-Time Position: C. Planning Department 1. Request to Develop 5684 Overland Road Without City Services: D. Legal Department 1. Discussion of Arts Commission Ordinance: 2. Discussion of Amended U-Tura Ordinance: 3. Discussion of Dog License Ordinance: 4. Approve SWAC Recommendation on New Playground Equipment at River Valley Elementary for $12,000.00: Meridian City Council Meeting Agenda -November 21, 2006 Page 3 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. E. Mayor's Office 1. Request for Budget Amendment for Part-Time Position in the Mayor's Office: 7. Items Moved from Consent Agenda: 8. FP 06-048 Request for Final Plat approval for 50 residential building lots, 32 commercial building lots, 1 City park lot, 21 common lots on 62.01 acres in R-15 and C-G zones for Gramercy Subdivision No. 1 (fka Kenai Subdivision) by Kenai Partners, LLC -East Overland Road and west of Eagle Road: 9. FP 06-047 Request for Final Plat approval for 48 attached single-family residential building lots, 20 detached single-family residential building lots and 5 common lots on 11.05 acres in an R-8 and R-15 zones for Cedar Springs Townhomes by John Flaherty Construction -south of McMillan Road and west of Meridian Road: 10. Continued Public Hearing from November 8, 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: 11. Continued Public Hearing from November 8, 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: 12. Continued Public Hearing from November 8, 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: 13. Continued Public Hearing from November 8, 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: 14. Public Hearing: AZ 06-048 Request for Annexation and Zoning of 32.75 acres from RUT to a C-G zone (8.74 acres) and I-L zone (24.01 acres) for Creamline Park Subdivision by Creamline Associates, LLC -1200 W. Franklin Road: Meridian City Council Meeting Agenda -November 21, 2006 Page 4 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • 15. Public Hearing: PP 06-050 Request for Preliminary Plat approval of 6 industrial lots on 24.01 acres in a proposed I-L zone and 4 commercial lots on 8.74 acres in a proposed C-G zone for Creamline Park Subdivision by Creamline Associates, LLC -1200 W. Franklin Road: 16. Ordinance No. RZ 06-009 Request for a Rezone of .57 acres from an I-L zone to.an R-8 zone for Vicki Garton by Vicki Garton - 435 W. Broadway Avenue: 17. Ordinance No. AZ 06-028 Request for Annexation and Zoning of 4.43 acres to an R-15 (Medium High-Density Residential) zone for Touchstone Place Subdivision by Horizon Development -1187 East Fairview Avenue: 18. Ordinance No. AZ 06-013 Request for Annexation and Zoning of 21.77 acres from RUT to R-15 zone for Canterbury Commons Subdivision by America West Homes, LLC - south side of Pine Avenue and east of Ten Mite Road: 19. Executive Session per Idaho State Code 67-2345(1)(a) - (to consider hiring a public officer, employee, staff member or individual agent, not to include. This paragraph does not apply to filling a vacancy in an elective office); and Idaho State Code 67-2345(1)(b) - (to consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student): and Idaho State Code 67-2345(1)(c) - (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency): Meridian City Council Meeting Agenda -November 21, 2006 Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ~ Broadcast Report `~ DateTme 11-17-2006 05:06:15 p.m. Transmit Header Text City of Meridian Idaho Local ID 1 2088884218 Local Name 1 Line 1 Local ID 2 Local Name 2 Line 2 This document :Failed (reduced sample and details below) Document size : 8.5"x11" Total Paaes Scanned ~ 5 Pie Pos~~~ ~~.~,t~ Nrr}-tcc.-~~~~t °"'°~ CITY COUNCIL REGULAR 8Yt~1l,F~ RREETIPIG AGENDA ~ City Councit Chambers 38 Emit Idaho Avenue, tderidtan, Idaho Tueeday, November 27, 2008 at 7:00 p.m. °Aithaugh the City of hferldlan na kanger requlrea swam tesLlmany, ail pt~se-rtattnns before die A~ayar and CNy CaunraH ar0 exps~ctad fa be truthful and hottest to best of dire ebPlity of the presarite~r." 1. Roil-calf Attendance: 3lvauri Wardle Joe Horton Chortle Rountree Keith Bird Mayor Tammy die Vtfeerd 2. Pledge o! Ailegtance: 3. Cotmmunity imrocatbn bI- Pastor Bud iiecrtharn with Meridian Gospel Tabernacle: 4. Adoption of the Agenda: S. Goewent Agenda: A. Findings of Fact and Conclusions of Law for Approval: AZ 06- 041 Request for Annaxatian and Zoning of 8.95 acres from Rt1T to an R-8 zone for i~arwa Subdlvlelon b5' Larry G. Hatpe - 4715 Noilti Lorzrst Grove Road: B. FirMinga of Fact arm Conciusiona of Law for Approval: PP 0& 042 RegU~at for PreSimtnary plat approve( of 24 residential tots ant 3 tomrtian lots on 8.95 acres in a proposed R 8 zone far 3ubdiylsion by tarry C. Harpe - 471fi North Locust Grove Road: C. Findings of Fact and Corrciuaions of Law far Approval: AZ 08.. 032 Retluest far Annexation stet zoning of 29.31 acres from RtJT to an R-8 zone for Iriio~ry $~vision by Conger Manaigement PAertd~ City Counc9 Rreetirig Agenda -PimernDer21, a0~ Page t at S ~ "~ i ~ PuD6c i7eoarnp p+aperty otdee tatty of Mei4dlen. Am)one during ecrnnurn~ttan 9or disa~IHes reki~i m aogan~te aMlw tu~dng, pleaaeeonteaivea sty cue Q>~ at Bee-aa~ at ~aet9s twws~iOr~ die puhBC meeting. Tn4~1 D~nec f:nnfirmnr! • 7r. No. Job Remote Station Start Time Duration Pages Line Mode Job Type Results 001 261 3870160 04:30:05 p.m. 11-17-2006 00:00:00 0/5 1 G3 HS FA 002 261 8989551 04:30:05 p.m. 11-17-2006 00:01:22 515 1 EC HS CP21600 003 261 8848723 04:30:05 p.m. 19-17-2006 00:02:05 515 1 EC HS CP14400 004 261 8886854 04:30:05 p.m. 11-17-2008 00:01:08 515 1 EC HS CP31200 005 261 8985501 04:30:05 p.m. 11-17-2006 00:02:05 515 1 EC HS CP14400 006 261 8467366 04:30:05 p.m. 11-17-2008 00:01:08 5~ 1 EC HS CP288Q0 007 261 8950390 04:30:05 p.m. 11-17-2006 00:01:07 515 1 EC HS CP31200 ~ Broadcast Report ~ DateTme 11-17-2006 05:06:24 p.m. Transmit Header Text City of Meridian Idaho Local ID 1 2088884218 Local Name 1 Line 1 Local ID 2 Local Name 2 Line 2 No. Job Remote Station Start Time Duration Pages Line Mode Job Type Results 008 261 208 888 2682 04:30:05 p.m. 11-17-2006 00:01:05 515 1 EC HS CP33600 009 261 8840745 04:30:05 p.m. 11-17-2006 00:01:07 5/5 1 EC HS GP31200 010 261 2088885052 04:30:05 p.m. 11-17-2006 00:01:06 5!5 1 EC HS CP31200 011 261 8881983 04:30:05 p.m. 11-17-2006 00:01:07 5!5 1 EC HS CP28800 012 261 2083776449 04:30:05 p.m. 11-17-2006 00:02:06 515 1 EC HS CP14400 013 261 4679562 04:30:05 p.m. 11-17-2006 00:01:17 515 1 EC HS CP24000 014 261 2088886701 04:30:05 p.m. 11-17-2006 00:01:03 5/5 1 EC HS CP31200 015 261 8841159 04:30:05 p.m. 11-17-2006 00:01:06 515 1 EC HS CP31200 016 261 2088840744 04:30:05 p.m. 11-17-2006 00:01:21 515 1 EC HS CP24000 Abbreviations: HS: Host send PL: Polled local MP: Mailbox print TU: Terminated by user HR: Host receive PR: Polled remote CP: Completed TS: Terminated by system G3: Group 3 WS: Wafting send MS: Mailbox save FA: Fail RP: Report EC: Error Correct • Meridian City Council Meeting November 21, 2006 A meeting of the Meridian City Council was called to order at 7:00 P.M., Tuesday, November 21, 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, Brad Watson, Len Grady, Joe Silva, Bill Musser, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X Shaun Wardle X Joe Borton X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Okay. We will go ahead and get tonight's meeting going. Welcome to City Council meeting. It is Tuesday, November 21st. And I don't know why I say that. For the record? For the tape? And it is 7:00 o'clock. I will start tonight's meeting with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Tonight we will be led in the pledge by a City Council regular. Ralph, would you please, lead us in the pledge. All rise. (Pledge of allegiance recited) Item 3: Community Invocation by Pastor Bud Henthorn with Meridian Gospel Tabernacle: De Weerd: Okay. Item No. 3 is our community invocation. Tonight we will be led by Pastor Bud Henthom with the Meridian Gospel Tabemacle. If you will, please, join us in the invocation or take this as an opportunity for a moment of silence. Pastor. And afterwards you can collect your notebook. Henthom: Thank you. I will. Heavenly Father, it is intriguing to think that people who have suffered the greatest adversity tend to be more grateful than those who have enjoyed the greatest prosperity. God, as we approach this holiday season, we are aware of the incredible blessings, incredible prosperity that we have here in this place. Father, I pray tonight that you would help each one of us to know what it means to be truly grateful. God, I can't help but remember the times that I have sat in traffic and complained when a third of the world's population will never ride in a car, let alone own one. God, I think of the times that I have complained even about my own children. Meridian City Council November 21, 2006 Page 2 of 43 When I realize how precious and valuable they are and what a gift they are to me, I am ashamed. God, when I think that we have the privilege and the honor of the blessing of having a voice in our government and, then, complain that we don't get our way, rather than being grateful that we were heard. I ask you, Father, tonight to fill our hearts with a sense of awe and a sense of gratitude. God, I think of the times that we have been angry that we couldn't afford the payment on the boat, when there are people that -- all over the world that are in such need. Father, as we approach you tonight and as we approach the business that is at hand here this evening, let us remember that no matter what the outcomes are, we, as a people, are truly blessed and we as individuals should be truly grateful. We ask it in Jesus' name, amen. Item 4: Adoption of the Agenda: De Weerd: Thank you, Bud. Good reminder of Thanksgiving and everything we do have that we are thankful for. And I'm thankful to serve with you all and serve with our staff. So, with that said, adoption of the agenda, Mr. Bird. Bird: Madam Mayor, in our Consent Agenda we have Resolution No. 06-541 and 06- 542. In the regular agenda Item 8 has been asked to be continued to the 5th of December, '06. Items 10, 11, 1 Z, and 13 have been asked to be continued to November 28th, '06. Item 16, 17, 18 are ordinances that would 06-1274, 06-1275, and 06-1276. And on No. 19, our Executive Session, the attorney has asked to also include (1) (f) as one of the reasons. With that I move that we accept the agenda. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the agenda as stated. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Findings of Fact and Conclusions of Law for Approval: AZ 06- 041 Request for Annexation and Zoning of 8.95 acres from RUT to an R-8 zone for Harpe Subdivision by Larry C. Harpe - 4715 North Locust Grove Road: B. Findings of Fact and Conclusions of Law for Approval: PP 06- 042 Request for Preliminary Plat approval of 24 residential lots and 3 common lots on 8.95 acres in a proposed R-8 zone for Harpe Subdivision by Larry C. Harpe - 4715 North Locust Grove Road: C. Findings of Fact and Conclusions of Law for Approval: AZ 06- 032 Request for Annexation and Zoning of 29.31 acres from RUT to an R-8 zone for Trilogy Subdivision by Conger Management Meridian City Council • S November 21, 2006 Page 3 of 43 Group -south side of Chinden Boulevard and east of Black Cat Road: D. Findings of Fact and Conclusions of Law for Approval: PP 06- 032 Request for Preliminary Plat approval of 148 single-family lots and 14 common /other lots including 2 private street lots on 28.17 acres in a proposed R-8 zone for TriloAV Subdivision by Conger Management Group -south side of Chinden Boulevard and east of Black Cat Road: E. Findings of Fact and Conclusions of Law for Approval: VAR 06-023 Request for a Variance to UDC 11-2A-5 to allow the front setback to be reduced to ten feet from the back of sidewalk for porches and side loaded garages for all phases of Crossfield Subdivision by Heron River Development, LLC - 955 West Ustick Road: F. Findings of Fact and Conclusions of Law for Approval: RZ 06- 009 Request for a Rezone of .57 acres from an I-L zone to an R-8 zone for Vicki Garton by Vicki Garton - 435 W. Broadway Avenue: G. Resolution No. 06-541 VAC 06-013 Request for a Vacation of the public utility, drainage & imgation easement common to Lots 26 & 27, Block 1 of Lochsa Falls Subdivision No. 6 by Wayne Barber -1660 West Glad Creek Street and 3906 North Cougar Flat Avenue: H. Resolution No. 06-542 CPA 06-004 Request for a Comprehensive Plan Amendment to modify the definition of "Office" by removing the last sentence of the description (see Chapter VII, page 106, June 2006 printing of the Comprehensive Plan) for Office Designation Text Amendment by the City of Meridian Planning Department: I. Addendum to Development Agreement: MI 05-009 Request for Miscellaneous application for approval to remove the Preliminary Plat, Final Plat and Development Agreement requirement fora 20 foot landscape buffer on the southern boundary of the property for Olsen Bush Subdivision No. 2 by R2 Development, Inc. -west end of East Lanark Street: J. Development Agreement: AZ 06-028 Request for Annexation and Zoning of 4.43 acres to an R-15 (Medium High-Density Residential) zone for Touchstone Place Subdivision by Horizon Development -1187 East Fairview Avenue: Meridian City Council ~ • November 21, 2006 Page 4 of 43 K. Development Agreement: AZ 06-013 Request for Annexation and Zoning of 21.77 acres from RUT to R-15 zone for Canterbury Commons Subdivision by America West Homes, LLC -south side of Pine Avenue and east of Ten Mile Road: L. Change Order for Asbestos Abatement and Demolition not to exceed $35,556.30 for Additional Asbestos found not on Original Haz-Mat Survey with Ideal Demolition Services, LLC: M. Approve Beer and Wine License Applications for JMS Services Group, Inc. dba My Caffe at 450 S. Meridian Road, Suite 15: N. Reimbursement Agreement for Construction of Approximately 450 Feet of Water Main Offsite ~ Fronting Arnke Subdivision with MCA Construction for $19,263.00: De Weerd: Item 5, Consent Agenda. Mr. Bird. Bird: Madam Mayor, I move we approve the Consent Agenda as published, which includes Resolution 06-541 and 06-542 and for the Mayor to sign and the Clerk to attest on all papers. Rountree: Second. De Weerd: Okay. We have a motion 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. Public Works Department 1. Recommendation of Construction Manager for Water Division Building Project: De Weerd: Okay. Item 6 under Department Reports, tonight we will start with Len Grady. Or Brad. You know, Brad, your name is on here almost every week and, finally, I look over there and saw Len and there you are. Watson: Got to keep you on your toes. De Weerd: Thank you for the challenge. Meridian City Council November 21, 2006 Page 5 of 43 Watson: Thank you, Madam Mayor, Members of the Council. I'm here to seek your approval on the next step of the water division building. In October we solicited statements of qualifications from construction managers. As you recall, we did do a hard bid in August and those came in over budget, we rejected all those bids, and decided to go this route. We received two statements of qualification, one from CSDI and another from Kreizenbeck Constructors. The committee that was formed to evaluate those and to go through the interviews was Rick Clinton, Chip Hudson, Keith Watts, Kyle Radek, and myself. We interviewed those two firms last week and based on those interviews we ranked them and we ranked Kreizenbeck as our first choice, followed by CSDI, they are both very well qualified. So, I'm here tonight to seek -- per statute to seek your approval to begin the negotiation process with Kreizenbeck for the Water Division building. With that I will answer any questions you might have. De Weerd: Council, any questions? Okay. Rountree: Madam Mayor, I move that we approve Public Works to begin negotiations with Kreizenbeck in construction management activity for the Water Division building. Bird: Second. De Weerd: Okay. I have a motion and a second to approve the recommendation in front of you. Any discussion? Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. B. Parks Department 1. Request for Budget Amendment to Change Two Part- Time OfFice Assistant Positions into One Full-Time Position: De Weerd: Thank you. And thank you, Brad. I'm sure your Water Department personnel appreciates moving forward with this. Okay. Item 6-B, Parks Department. LeAnna. Thomas: Thank you, Madam Mayor, Members of the Council. I'm here to request a budget amendment relative to changing our two part-time assistant positions in our department to one full-time position and we actually have a unique opportunity where both of our part-time positions have been recently vacated as of yesterday and we see a great advantage of pursuing afull-time position, whereas specifically we would be able to close the gap between those two positions -- there was always an hour over -- in the afternoons where those two positions never met and there was some things that we could tighten up with the full-time position and we also -- as the department has grown Meridian City Council November 21, 2006 Page 6 of 43 and we anticipate further growth with program development and parks being developed and information that needs to be disseminated to the public, we would like to move forward in creating afull-time position. Is there any questions from Council? De Weerd: Council, any questions? Thank you. Mr. Borton. Borton: Madam Mayor, I move we approve the requested budget amendment for the Parks Department, changing two part-time assistance to one full-time position in an amount of 13,068. Wardle: Second. De Weerd: Okay. I have a motion and a second to approve the request in front of you. Is there any discussion? Hearing none, Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. C. Planning Department 1. Request to Develop 5684 Overland Road Without City Services: De Weerd: Okay. Item 16-C. LeAnna, thank you for joining us. Planning. Canning: Madam Mayor, Members of the Council, our Comprehensive Plan says that when someone that is within the area of city impact, but is not able to annex, wants to develop the property without sewer and water, that they first must come to you and speak to you and, basically, gain your approval one way or the other. We have Mrs. Grime here tonight who has a property in question that they want to propose to you and I will bring it up on the Comprehensive Plan while she's talking. I forgot -- my secretary was gone today and I don't know how to make vicinity maps, so I forgot to get one. But I will bring up the Comprehensive Plan while she's talking and get that up. And that was all I had. I can answer any questions after she's presented it to you. I can answer any questions you may have. De Weerd: Okay. If you will, please, state your name and address for the record. Grime: Certainly. Good evening. My name is Evelyn Grime and my address is 720 Idaho Street, Suite 20, 83702. And as an aside, Anna, would this help for an overhead? Would this save us some time? Canning: No. Meridian City Council November 21, 2006 Page 7 of 43 Grime: Okay. Fair enough. Thanks for the time tonight. We requested a session on November 7th and Tara was great in getting us coordinated with your agenda and it would be easiest to talk about this with a map and I'm not familiar with your layout, so maybe we can give Anna just a minute. Our context is that this 20 acre property is on Overland, west of Black Cat, about 1,400 lineal feet, and its significant boundaries are the Ridenbaugh Canal and Overland. So, it's at the edge of the current impact area identified by the Comprehensive Plan. And our contours are such where Overland Road actually sits about 26 feet, as an average above the average contour of the ground. So, there is a significant grade change as well. What we are looking to do tonight, today, and over the next several months is subdivide this more towards the four parcels of five acre ranchettes, which are complimentary and continued pattem of what's happening directly west and a little bit to the east along Overland Road. So, what we are proposing for today is a continuation of what's happening out there today. And I wonder if it would just be helpful to give Anna a little more time to close in, because I think a picture is worth a lot of words and I have a lot of words, but that doesn't mean you want to hear them. Some other items of context, too. Again, we have significant boundaries with the Ridenbaugh Canal and with Overland Road. The Ridenbaugh Canal bounds this property on two sides. It is, actually, the northern boundary and the eastern boundary. And, then, Overland Road is the southern boundary on the west side of this property and continuing west is already a pattem of five acre to seven acre parcels, single family homes, and part of our premise is that through additional subdivision into four more five acre pieces, that also lays a natural puzzle piece in place for additional subdivisions and high density development when Meridian city grows to that -- to that edge, but, you know, it's a stepping stone, it's not a derivative, it's not something that takes away from your goals in the Comprehensive Plan, I think it's an interim step that meets the needs of the current neighborhood, but provides a basis for additional in-fill in 10, 15 years. The only point of access is from Overland Road with the configuration of the Ridenbaugh Canal at this site -- now we are getting closer -- to pull in a side street or connect just here on the left. De Weerd: There is a pointer in front of you. Grime: Oh, boy. I'm dangerous with these. Let's try this. Okay. So, here is the Ridenbaugh Canal. This is Overland. And here is Black Cat. So, our parcel is this piece right here. These pieces are, again, five to seven acre pattem of development, as are these pieces, these little more dense areas are one acre pieces, and on the south side of this is either five acre or, you know, greater than a 20 acre development at this time. And, again, our contours are such that Overland Road is an immediate six to seven feet above this property right at its edge, at its road edge, and, then, as you travel just into the site you drop off to about 26 feet pretty quickly, this being the low spot, and I think from a sewer design per municipal services, this will be its own challenge, this area in here, just for natural contours. But, again, our goals today are to create four additional home sites similar to this pattem and this pattem and this piece right here. Because of the Ridenbaugh Canal bounding the three -- you know, this side and this side, interconnectivity between streets from anything over here and anything over here, is not immediately apparent, but you could see where future development could connect Meridian Ciry Council • November 21, 2006 Page 8 of 43 internally between the four sites and in five acre pieces, take the pattem and apply it here, one, two, three, four. Again, you have got the ability to evolve this into the next step of density when the time comes, but for now to do five acre parcels here would not impede anything in the future I don't believe. Something that I did bring -- I'm not sure if there would be a way to present this or not -- and I will just submit it for the record, perhaps -- is photographs of the site today taken a few days ago, that show not only the contours and the lay of the land and the type of neighborhood it is today -- thank you. But also shows that, you know, some of these homes were built last year. They are nice. They are new. This is not an old tired neighborhood waiting for rejuvenation. Too much coffee. This is a current neighborhood. This is where people are going for that five acre ranchette and they want some ground to maybe do a little bit of agriculture, do a little bit of horses, do a little bit of ATV and just have their own small place, but enough ground to still have the responsibility and not be able to leave for holidays. De Weerd: Can you tell me where the gravel pit is? Bird: It's across the -- back the other way. Canning: Here is Overland. Bird: It's right up Black Cat, just as you go over the -- over the freeway. It's right there before you get to Overland Road. It sits off to the east side of Black Cat. Canning: This is all the gravel pit in this area here. So, here's -- Bird: That's Black Cat. Grime: So, I think .our property is -- it's over there. Yeah. Canning: I will go back to the other one. Grime: Again, our primary objective tonight is to discuss this with you and, you know, answer any questions. I just think, really, to propose that this is an interim puzzle piece and doesn't impede anything that could happen in the future, but supports what can happen there today. So, we have several -- we have had our neighborhood meeting as required by Ada County for the subdivision process and the neighbors that came were concerned about anything smaller than five acres and many -- thank you -- proposed that -- you know, they'd like to see the five acre pattem that you see here, this is west of the property. The property is just behind this photograph to the right. This is the property looking from the road and you can see the contour change start to happen pretty quickly there. This is already about halfway down the slope from the road and you can see the development pattem coming towards -- this is a new house. This is right next door on the west to the immediate lot to the west. And, then, this is, again, standing at the first step of the steep slope and, then, it goes a little more gently down as you're going away from the road. This is Overland Road looking east. In the bottom photograph it's -- again, that's the initial drop off and, then, the slope. So, you're looking Meridian City Council ~ • November 21, 2006 Page 9 of 43 up at Overland Road. Robert took these pictures and you're six foot? Anyway, sense of perspective. How tall would you like to be? With his boots on. And, then, this is looking east. Right now a certain part of this is a tree farm. Anybody want a blue spruce? Then, again, you see existing patterns north of -- northeast of the Ridenbaugh Canal. Those are the one acre lots that you can see there. Again, I think that, you know, is this a solution for 20 years from now? No. Depending on how we grow and what choices you make. But as a rural transition and for what happens in our current neighborhood, I think it's a good fit and I don't think it impedes anything that can happen in the future. So, with that I would be happy to stand for questions. I'm not exactly sure what we are -- I mean I know we want to have this dialogue, but I haven't had this dialogue with you before, so -- De Weerd: Thank you. Grime: -- I'm floundering a little bit. De Weerd: Council, do you have any questions? Bird: I have none. Rountree: Madam Mayor, I probably have process questions, but not development. De Weerd: Okay. De Weerd: Okay. Mr. Nary Nary: I was going to suggest you ask Anna. De Weerd: Some process questions. What is the process? Where do we go from here? Canning: The Comprehensive Plan says that they should come and ask you whether or not, basically, you're opposed to it is what it boils down to. If you are opposed to them going forward with the five acre lots, Iwill -- when Ada County Development Services sends out transmittals, I will say that we are not in support of it and go from there. If you are in support of it, then, I will let them know. It's, really, just a response to Ada County Development Services. De Weerd: Okay. So, Council, at this point the question in front of you is do you support this going forward? Borton: Madam Mayor? De Weerd: Mr. Borton. Meridian City Council November 21, 2006 Page 10 of 43 Borton: Another question, Anna. Is there any specific information other than that that's helpful to them to hear from us? I'm in support of it generally. It's a real vague, general, support, so is that what they are looking for? Canning: Yes. I would probably add, because of -- my thoughts on this one that I would be -- of course support whatever Council wants to say, but in this case I think that the existing development pattem, particularly on the north side of Overland, does not lend itself to redevelopment. Once these five acre lots are in, in all honesty I don't think that will ever redevelop. Normally, that would be a concern to me, but because everything else is already developed around it, essentially, the properties to the north in here -- I mean this is just -- these are gullies facing the freeway. The development potential was -- really doesn't exist in that area. So, for that reason I could see supporting this request, because it -- sewer has to come all the way around passed the gravel pit, which is the most likely place for it to occur and, then, over into this area. It's just not likely to happen anytime soon and I think that the five acre lots probably fit in well to that pattem of development and that's what I would say and that we were anticipating them to redevelop and it's at the edge of a service area. De Weerd: Thank you. Okay. So, just a general aye for the -- Rountree: Do we need a motion? Canning: It would be helpful. I can say that you made a motion in the letter. Rountree: Madam Mayor? De Weerd. Mr. Rountree. Rountree: I move that we direct the planning administrator to notify Ada County Development Services that per the information provided to us this evening, Meridian City Council generally favors the development of this parcel into five acre subdivision lots. Bird: Second. De Weerd: Okay. We have a motion and a second. We will ask -- Wardle: Madam Mayor? De Weerd: Yes. Wardle: Madam Mayor, just a quick clarification for the motion. I believe part of that recommendation is going to allow the development without city services. Wasn't that the issue, Anna? De Weerd: Okay. Mr. Berg, I will ask for a roll call. Meridian City Council November 21, 2006 Page 11 of 43 Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. D. Legal Department 1. Discussion of Arts Commission Ordinance: De Weerd: Thank you, Mrs. Grimes. We appreciate you coming here tonight. You do really good ad lib and -- thank you. Okay. The next item on our agenda is our legal department. I'll tum this over to Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. If you don't recall, these are three ordinances in front of you. At last week's pre-Council meeting the direction was to bring that back for one more look and any opportunity to provide some input. If they are acceptable to you with the ordinances, we can put them on for one reading. We can accelerate the readings if you wish to capsulize what we have discussed to this point on the Arts Commission ordinance. It hasn't changed, other than the membership has changed a little tiny bit and, basically, the make up of the commission says a minimum of five, up to nine members of the commission -- I'm sorry, nine member commission. How that's configured initially, as you put it into the place and make it as a -- sort of a planning group initially to get it started, is really up to you and the Mayor as to how that gets done. It allows for a youth member. There was some discussion last week about making that one position to be reviewed annually, whereas the other positions would be for three years at a time. The staggered membership, I can certainly add that language into this. That it does allow for one member to be a resident of the area of impact, one member, no more than two -- again, it's discretionary, it doesn't have to have -- it doesn't require an impact area member. It also has a provision that would allow one at large member. It doesn't necessarily have to be a city resident or even a resident of the impact area. My thinking was because of the unique nature of this commission, there may be people in the arts community who maybe have a relationship with Meridian, but may not live in Meridian. They may be involved with the symphony or they may be involved with New Heritage Theater or they may be involved in some other fashion with the city, but they may live -- they may live outside the city limits or they may not live in the impact area and it may make sense to have, again, one or up to two people of the nine member commission be a part. But, again, that's at your discretion. Other than that, most of the other stuff is pretty routine, things you have seen before, we have discussed previously, but that's the only one that's changed a little bit that we have talked about some. So, I'll take your direction and move that one more forward. If you want to talk about that one first before we talk about the other two, whatever your preference is. De Weerd: Council, how would you like to -- Bird: One at a time. Meridian City Council November 21, 2006 Page 12 of 43 De Weerd: One at a time. Okay. Any comments? Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: There was one topic came up in the Parks and Rec. Commission meeting last Wednesday was whether or not the membership provisions be -- could include using the discretionary may language, that a Parks and Rec. Commission member may be -- serve as a liaison, an ex officio, they had some concern, because their involvement in some of the public art being placed within parks, they might want to have, and perhaps inclusion of the -- of a may I think opens the door for that, should the Mayor be so inclined. De Weerd: And, Council, I was present during that discussion and, you know, I guess my -- my thought was when there is art in the park to be part of that discussion certainly the commission should be talking to one another and that's where we came up with the ex officio or a liaison. I don't know if it specifically needs to be listed in the ordinance. That certainly would be a preference thing for you all. Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: I guess one of the questions I have about the comment - Mr. Nary, does the current language exclude a Parks and Recreation Commissioners from being part of this commission? Nary: Madam Mayor, Members of the Council, Councilmember Wardle, not specifically. I mean what we could do instead is number where it says one member of the City Council may serve as a liaison of the commission, we could say that the Mayor, with the approval of the Council, can appoint as many ex officio members as you want, as long as the Mayor wants to do that and the Council is okay with it, they don't have a vote, if they fluctuate with --depending on the interest or depending on the job, that would allow that. It doesn't require a Council member has to be at this. That's why I put may language, instead of shall, because it may not necessarily be something you want to have a Council member participate in all the time and we could certainly do the same with the Parks Commission. It just doesn't specifically address it. Right now it implies that there is only one ex-officio member, that's a Council member. We could certainly broaden that language if you wish. Borton: Madam Mayor? De Weerd: Yes. Meridian City Council • November 21, 2006 Page 13 of 43 Borton: I wasn't trying to open a can of worms on it, it was just the thought that if that allowance is made in the ordinance to the extent they are still involved and where necessary to this commission and its operations is fine. Adding the: That may serve as a liaison, just gets it locked into the future opportunity in 14 years of the parks and rec, they could do some of that, but it's a fantastic ordinance, I'm excited about going forward with it now. I don't think that's a deal breaker. De Weerd: Okay. Council, any other questions on the topics that our attorney has brought up? Rountree: Madam Mayor, just a couple comments, we need to give flexibility and being as inclusive as we can is a good idea, but not to the point where you create a commission that can't function nor that can be tracked and administered well from who is a member this week and is their term up or due or time, so I think we need to be a little careful with flexibility of this on a future commission. I think there is enough flexibility in the language the way it is now to do what we just discussed, because you have got five members and you have got four more that can be appointed when deemed necessary and one of those could be a Parks and Rec Commissioner. If you have got an art in the park kind of situation coming up and it could be maybe a six month appointment, that could be tracked, as opposed to creating all these things that somebody -- and I suspect probably the city clerk orsomeone -- an art director --are we going to have an art director? De Weerd: No. It will be Ron. Rountree: Ron. Ron will have to track it. So, anyway, just a thought. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I agree with Councilman Rountree. I think that we got a way to support it. We have got enough flexibility to run it and I don't want to hog tie the people that's on there, so that we don't have -- they can't do what we like them to do, you know. So, I would be one for bringing it forward and let's get it on the agenda for the next week and pass it. We have had two weeks of discussion on it, which I appreciate, and it's time to move forward, if everybody's agreeable. De Weerd: Okay. Council, okay, we will put it on the agenda for next week. 2. Discussion of Amended U-Turn Ordinance: Nary: Madam Mayor, Members of the Council, the next item is the u-turn ordinance and we have had a couple of discussions about it. Councilmember Rountree many moons ago had asked us to verify that this would not impact the Idaho Transportation Department's plans for any of the major roadways that they have jurisdiction over, Meridian City Council • November 21, 2006 Page 14 of 43 whether this would have any impact on them. It took a little while, but we did finally get a response back that they did not have any concems with this ordinance. This has gone through the Traffic Safety Commission, they have discussed it a number of different times, as well as that our traffic safety team with the police department, they all are in support of this ordinance, so if you have any other direction to me I could put it on the agenda as well. De Weerd: Okay. Council, any opposition to moving that forward? Bird: Not from me. I had a good chance to look it over. 3. Discussion of Dou License Ordinance: De Weerd: Okay. Item 3. Nary: Thank you. Madam Mayor, Members of the Council, the last item, dog license ordinance. This one has also gone through a number of different hands before it's got to you. The only thing that's been added -- added to the ordinance after a couple of drafts -- we did add an actual fee for vicious dogs that we will have to bring the fee portion back through the Public Hearing process, because it is a new fee. When we passed the vicious dog restriction a year ago we didn't pass a different licensing fee. We required that if you do have a dog that is determined to be vicious, that it not be -- or that it requires a special license, we just didn't create a special cost for that. Because it requires a site visit, you have to -- you have special restrictions if you have a vicious dog, therefore, we'd have to send our animal control officers out to the residents to make sure that it complies. There is a higher cost to that license. That is included in this ordinance. We couldn't impose it until we had the Public Hearing. The other things we have changed from the past -- there used to be a discount for senior citizens with -- with these -- many cities have eliminated that, it's not been eliminated everywhere, but many cities have, because of the -- the concern of trying to separate out licensing based on age and no other criteria and there has been issues that have been raised in a number of other cities regarding that discriminatory practice of doing that. We have eliminated that requirement. The fees are fairly small in comparison to most things. I think it's 21 dollars. So, I guess we can hear what -- the comments or concems you may have about that. Other than that, most everything else is pretty routine stuff. We do allow for other designees to sell licenses. If you recall we had a discussion earlier that in the past the prior mayor had authorized the sale of licenses through the veterinary clinics and through pet stores, like PetCo. We think that's a good idea, we would just like to have it in an ordinance that authorizes that and so we did -- we did add that provision into this ordinance as well. Do you have any other questions? If you'd like, I can bring it back next week, we can discuss it further or whatever your preference is. I don't know if the chief has any other comment. I know he's had an opportunity to review it. I think his concern was on the -- the licensing thing for vicious dogs and I don't -- I think I have addressed all his concems, but I didn't know if he had a comment he wanted to make. Meridian City Council ~ • November 21, 2006 Page 15 of 43 Musser: Madam Mayor, Members of the Council, and Counselor Nary, just under Section 6 on the ordinance, we still need to line out one reference to owners of 62 years of age or older in reference to showing -- that would be the only thing I see at this point that we perhaps overlooked in all the conversations we had back and forth. Other than that, I'm in agreement with Mr. Nary on what he's proposed and his statements at this point. De Weerd: Chief Musser, wasn't there a desire for someone within your organization to have a requirement for a yellow pages ad in here or -- Musser: Madam Mayor, not that I'm aware at this point. Nary: We might want to wind the tape back up and -- De Weerd: As it relates to dogs. Anything from Council? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I believe we have discussed this at numerous times and I think it's something we need to get started with, so we can have like part of the ordinance that we don't have now, so I would like to see it come forward if the other Council don't have any problem with it. I have read through it, I don't see any problems with it at all. De Weerd: Okay. Rountree: Madam Mayor, the only comment Ihave -- I don't know if we missed this, I don't find it in here, are police dogs required to be licensed and do they pay a fee? I mean those that are trained for special uses, impaired hearing, site, et cetera, are exempted from the fee, but there is nothing about police dogs or should it -- Bird: A guard dog. Rountree: -- have a fence, like security kind of things. Let's get them all, I guess. Nary: Madam Mayor, Members of the Council, Councilmember Rountree, we could certainly add in any animal that's owned by a public entity -- since all of the public entities would either be used for bomb dogs or ones that are owned by the city of Boise that reside in our city and they don't have a city license, so we can add that provision in as well. Musser: Madam Mayor, Members of the Council, at this point we do issue out city licenses to our K-9s, but we do issue them as a department item, so that they are identified, so that they do carry them. However, they are excluded when we went through the vicious dog aspects, because of their temperament and their training they Meridian City Council • November 21, 2006 Page 16 of 43 are not considered a vicious dog under that end of it, but we have -- we have issued out the licenses in the past. De Weerd: Anything further from Council? Okay. We will go ahead and move these three ordinances forward to next week's agenda. Berg: Madam Mayor, if I could ask a question. Concerning this license with the new fees, are we going to use the old fees until we pass a resolution and the Public Hearing for the new fees or are we going to hold the whole entire ordinance up until we do it all at once? The only reason I ask that is the codification of two separate things coming back and recodifying it is going to be an additional cost, but if some important parts need to be addressed, we need to do it right away. Nary: Madam Mayor, Members of the Council, we can pass the ordinance as written and not impose the fee until it's approved and that's perfectly fine. We haven't had -- in a year and a half we haven't had anybody come and get a vicious dog license, so I'm not real concerned in the next month that we will have one. If we do, we will charge them 21 dollars and that won't violate our ordinance and that way we can not have it on two separate tracks and that's perfectly fine. Berg: Excuse me, Madam Mayor. The other fees that are suggested are more than five percent and so that's the only question I had, because they were all of the fees that were suggested to be changed. Nary: Oh. Okay. Berg: Which are okay, it's just if we want to do separate -- two separate things to make sure we get these other things in place or wait two weeks to get it noticed and -- Nary: Yeah. That would be -- yeah. I'm song, Mr. Berg did point out, that is correct, we have these other increases, which I think are in line with the other local jurisdictions, so we can go ahead and bring this forward when we get the noticing done, so that all of it can be done at once, so it will be a couple of weeks until we get this back in front of you for approval. 4. Approve SWAC Recommendation on New Play4round Eauipment at River Vallev Elementary for $12,000.00: De Weerd: Okay. Does that work? Okay. Finally, item number four. Nary: Madam Mayor, Members of the Council, the last one is the Solid Waste Advisory Committee recommendation on some new playground equipment at River Valley Elementary. They have complied with all the requirements of the program for the recycling funds. This one was one that was held up from the last group of recommendations, we were waiting on some language regarding a sign and that there was going to be adequate notice to the public that that play equipment was going to be Meridian Ciry Council • • November 21, 2006 Page 17 of 43 purchased with solid waste recycling funds. They have done that, they have provided both the information for the sign and the sign itself and that is included in your packet. So, it was approved by the Solid Waste Committee. If it meets your approval we can move it forward. De Weerd: Okay. Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the SWAC recommendation for the playground equipment at River Valley Elementary in the amount of 12,000 dollars. Bird: Second. De Weerd: Okay. I have a motion and a second to approve the recommendation by our SWAC. Any discussion? Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. E. Mayor's Office 1. Request for Budget Amendment for Part-Time Position in the Mayor's Office: De Weerd: Okay. Council, under the Mayor's Office item there is an amendment form in front of you. Bud is going to focus his attention on his other job, which is being a youth pastor with Meridian Gospel Tabernacle, so in filling his position it -- the position with Americor had a lot of regulatory and had reporting issues that made the position rather cumbersome. It was also kind of a third-party position to the city, so when we proposed the Americor position, we had molded two of our summer interim positions to form this youth programs coordinator. We would like to take it out of the Americor arena -- in fact, we can't continue under the Americor. Bud had put in more than 15 percent of the contract and so we could not fill that position, so we wanted to go ahead and propose that, instead, we do a part-time position as the youth programs coordinator to continue working with the programs that are listed on this amendment form. Overall, the line item is for 14,000 dollars. There has been an expenditure this year already of 5,480, so we would need a budget amendment of 2,717 dollars. For next year moving forward it would go back to being under the 14,000 dollars, with 515 less per year. So, I would open this up to any discussion, questions. Borton: Madam Mayor? Meridian City Council ~ • November 21, 2006 Page 18 of 43 De Weerd: Yes, Mr. Borton. Borton: You probably answered this, but can you tell me what the -- the position cost to the city are for and what the cost is going to be going forward? De Weerd: The position cost the city before 14,000 dollars and moving forward it will cost 13,485. Borton: That 14 wasn't funds from Americor? De Weerd: No. Borton: Okay. De Weerd: The position before wasn't an Americor position. They covered part of the salary benefits and a tuition stipend. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: What do we receive from Americor, if any amount? De Weerd: We won't receive anything. Bird: So, this is a completely new position, funded completely by us? De Weerd: This would be using the funds that we supplemented the Americor position and it would be solely a half time position -- city position, with no involvement with the Americor program. Bird: So, that grant goes completely -- has gone completely away? De Weerd: Yes. Bird: I don't think we need it. De Weerd: That's what I said. Is there any further information needed? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve the budget amendment for fiscal year of '07 for -- is it 2,717 you want or 13,485? Meridian City Council • November 21, 2006 Page 19 of 43 De Weerd: I need 2,717, with the approval of the half-time position. Bird: Okay. The budget amendment for 2,717 dollars, with the approval of the part-time -- half-time position. And I take it all this information, which will be included in the motion, is based on a thousand hours? De Weerd: It is based on 19.5 hours a week. Wardle: Second. De Weerd: Okay. I have a motion and a second to approve the request in front of you. Any discussion? Okay. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: While this has passed, I'm probably as conservative on this Council as anybody, but I hate hiring any part-time person without -- it's not fair to them, because they don't get benefits, dadgumit. De Weerd: Thank you for your statement on the record. F. Fire Department 1. Discussion of Amended Fire Code Ordinance De Weerd: Okay. Item 6-F under the Fire Department. Silva: Madam Mayor, Members of the Council, before you this evening we have got a request to amend the fire code as amended -- or as adopted by the City of Meridian. The request is to change the language under the ordinance that would read as follows: Floor control valves approved, supervised, indicating control valves shall be provided as a point of connection to the riser on each floor in institutional and multi-tenant buildings two or more stories in height. The reason why we made that -- requested that amendment when the ordinance -- the fire code was adopted is we have got a lot of buildings that are -- they are multi-story. The floor control valves would not be required until the building was more than 75 feet tall and our situation here in Meridian we have a lot of buildings that are multi-story, but did not exceed 75 feet in height. The importance of the floor control valves, it allows a given floor to be isolated, turned off, while other -- while other floors retain their coverage of their fire protection system and with the number of buildings that we have that are multi-story that are undergoing tenant Meridian City Council November 21, 2006 Page 20 of 43 improvements, we would have to turn off the fire sprinkler tp the entire building to do a tenant improvement within a given building. Our concern was we were compromising the fire sprinkler coverage for the entire building to laccommodate one tenant improvement on a single floor. So, the amendment in front of you this evening for consideration, that's why that -- this is being changed. The project where it came to light, they brought this -- a request form before you this evening is the Rocky Mountain High School, which is, obviously, our new high school under construction, is a multi- story building. We realized after the fact that, really, a school is not likely to undergo tenant improvements once it's built and completed it doesn't get many modifications, so Rich Green requested that we change the language on' this particular part of our ordinance to accommodate that and in the case where we ~ are referring to institutional buildings here and multi-tenant buildings -- multi-tenant buildings are straight forward, they are just that, buildings that are multi-story that have .multi-tenants. In the case where it refers to institutional, we are referring to where peoiple are incarcerated or they may be undergoing -- institutional would refer to a hospital' or a jail, quite frankly. So, we want to make sure that our buildings are properly protected and that's why we are requesting Council action for this proposed change in our ordinance. The project pending approval on this particular change in the consideration for floor control valves would be the Rocky Mountain High School project. So, with that I would stand for any questions should you have any De Weerd: Okay. Council, any questions for Joe? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Joe, have you brought this before BCA and the contractors -- AGC or anything like that, to see what effect or -- to the fire sprinkler people? Silva: The sprinkler people were the ones that proposed the change and that's why we are putting it in front of Council this evening. I did not take it to BCA or the general contractors. Bird: But the sprinkler people are the ones that proposed thin? Silva: Right. They would be in favor of it. We have herd from a couple of them. There has been a couple of different instances where these control valves have come into question by several sprinkler contractors, so they would be in support of it. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Joe, did I understand you correctly that schools would not be included in your definition of institutional? Meridian City Council • November 21, 2006 Page 21 of 43 Silva: That's correct. Rountree: Because some of us kind of thought schools werd kind of that way. Silva: Right. The general term institution, as defined by Websters, would be -- would include a school, but in this case it's strictly more along the lines of hospitals, mental health facilities, jails, would be the intent here. Rountree: Madam Mayor, follow up with -- for Joe or Bill: Is that definition included somewhere in the ordinance or the -- I think if you were to fall back from a legal challenge you go to Webster and Webster would include that. So, I think we need to clean that up, if that's our intent. Silva: Madam Mayor, Councilman Rountree, Members of the Council, the definition for institutional is covered in the definitions part of the Intem~tional Fire Code, the front section. Rountree: And it's consistent? Silva: Yes. Rountree: Okay. De Weerd: Okay. Any other questions from Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we approve -- or bring -- we could do this -- I move that we bring it forward for November 28th, 2006, for approval. Borton: Second. De Weerd: Okay. I have a motion and a second to move this forward. Do we need a motion? Nary: You can do it by voice vote, though. You're just putting it on the agenda. De Weerd: Okay. Okay. All those in favor say aye. Any opposed? All ayes. Thank you, Joe. MOTION CARRIED: ALL AYES. Item 7: Items Moved from Consent Agenda: Meridian City Council • a November 21, 2006 Page 22 of 43 De Weerd: Okay. There were no items moved from the Consent Agenda. Item 8: FP 06-048 Request for Final Plat approval for 50 residential building lots, 32 commercial building lots, 1 City park lot, 21 common lots on 62.01 acres in R-15 and C-G zones for Gramerav Subdivision No. 1 (fka Kenai Subdivision) by Kenai Partners, LLC -East Overland Road and west of Eagle Road: De Weerd: Item 8 has been requested to continue. Councilb I need a motion. Rountree: Madam Mayor, I move that we table Item 8 until December 5th. Bird: Second. De Weerd: Okay. We have a motion and a second to continue item -- or table Item 8 until December 5th. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 9: FP 06-047 Request for Final Plat approval for 48 attached single-family residential building lots, 20 detached single-family residential building lots and 5 common lots on 11.05 acres in an R-8' and R-15 zones for Cedar Springs Townhomes by John Flaherty Construction -south of McMillan Road and west of Meridian Road: De Weerd: Item 9 is FP 06-047. Start with staff comments. Canning: Madam Mayor, Members of the Council, we do have a applicant stating they are in agreement with the conditions of approval. until I got here tonight, so -- De Weerd: Okay. Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve FP 06-047. Rountree: Second. letter from the I didn't see it De Weerd: Okay. I have a motion and a second to continue -- I'm song -- to approve Item 9. Mr. Berg. Meridian City Council ~ • November 21, 2006 Page 23 of 43 Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 10: Continued Public Hearing from November 8, 2006: AZ 06-042 Request for Annexation and Zoning of 20.18acres from RUT to an R-8 zone for Cottswold Village Subdivision by Clherie A. Dalton Living Trust - 2180 East Amity Road: Item 11: Continued Public Hearing from Novemb~r 8, 2006: PP 06-044 Request for Preliminary Plat approval of 62 re idential 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: Item 12: Continued Public Hearing from November 8, 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 13: Continued Public Hearing from November 8, 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 1'Nhitebark Subdivision by Dan Wood - 2135 East Amity Road: De Weerd: Okay. Items 10 through 13 have also been requested to continue -- Rountree: Madam Mayor? De Weerd: Yes. Rountree: I move that we continue Items 10, 11, 12 and 13 to November 28th, 2006. Bird: Second. De Weerd: Okay. I have a motion and a second to continue Items 10 through 13 to November 28th. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 14: Public Hearing: AZ 06-048 Request for Annexation and Zoning of 32.75 acres from RUT to a C-G zone (8.74 acres) and I-L zone (24.01 acres) for Creamline Park Subdivision by Creamline Associates, LLC -1200 W. 1=ranklin Road: Item 15: Public Hearing: PP 06-050 Request for Preliminary Plat approval of 6 industrial lots on 24.01 acres in a proposed I-L gone and 4 commercial lots Meridian City Council • November 21, 2006 Page 24 of 43 on 8.74 acres in a proposed C-G zone for Creamline Park Subdivision by Creamline Associates, LLC -1200 W. Franklin Road: De Weerd: We are going to skip Items 14 and 15 and -- I'm kidding. Okay. Items 14 -- that was for you, Brad. Items 14 and 15, public hearings AZ 06-048 and PP 06-050. I will open these two public hearings with staff comments. Canning: Madam Mayor, Members of the Council, before I get started on the Creamline project, the owner of the Cottswold property did want me to convey her appreciation of you continuing the items for her and she is trying to resolve the issues associated with her property moving forward. I told her I would say that, so now I will move on to Creamline. This is the Creamline project. It's located on the north side of Franklin near the northeast comer of Franklin and Linder Roads. That is outlined in blue. As you can see it's currently -- currently RUT. The application is for annexation and preliminary plat approval. They are requesting annexation and zoning of C-G for 8.74 acres down along Franklin. So, that would be those south of the irrigation feature there. And, then, they are requesting 24.01 acres of I-L going back towards the railroad tracks. It has four commercial lots down in front on the C-G property and six industrial lots on the I-L. There is one public street access, which would be Northwest 13th and it's proposed at the center of the property and ends in a cul-de-sac right underneath the U as shown. There we go. Beyond the cul-de-sac the applicant is proposing common access drives to serve the properties at the north end along the railroad tracks. The applicant is also proposing to construct two curb cuts that will allow for direct access from Franklin Road for Lots 2 and 10, Block 1. So, in addition to the curb -- the street access from Franklin, there will also be two curb cuts. Staff has recommended a DA. The unusual provision of that or the nonstandard provision of that would be to restrict the uses along the western edge of the property and also some fire restrictions or some restrictions for use of hazardous materials from the fire department and I will touch on those again later in the presentation. I did want to point out some of the adjacent land uses, because they come into consideration with regard to the one outstanding issue regarding the buffer. To the north you have Treymore Village and, then, the Roundtree apartments that were approved north of there, so you have the mix of single family and multi-family to the north of the property. To the east you have lumber storage yards and some vacant industrial land. To the south you have Crestwood Estates Subdivision zoned R-4. And, then, to the west you have some single family homes that are currently zoned R-1 in Ada County. You also have a day care for the north end and zoned L-O and a vacant land zoned C-C down here in the commercial -- in the comer. So, this is annexed and zoned C-C. This is annexed and zoned L-O. The remainder of the properties are zoned R-1 in Ada County and the Comprehensive Plan designation shows them as mixed use. We do have some elevations of proposed building styles for the industrial portion. I assume that the Taco Del Mar is a proposed elevation for the commercial. I'm assuming all the other ones are industrial, but if the applicant could verify that, that would be good. So, these are similar to the other Van Auker developments that you have seen around town. The Planning and Zoning Commission has recommended approval. They did that at their October 19th Public Hearing. Brad Miller spoke in favor Meridian City Council November 21, 2006 Page 25 of 43 of the application. No one spoke in opposition or commented. The key issues of the discussion were the 25 foot landscape buffer between I-L zone and the properties to the west is where that would apply. The UDC does require a 25-foot landscape buffer to any non-industrial use -- adjoining use. So, it's not just for residential, it's for any non- industrial use. The fire department restrictions on lots north of the Eight Mile Lateral -- this is the Eight Mile Lateral. The required tiling of the Eight Mile Lateral. The possible emergency access into the site along the northem property line. Actually, I think it would be on the railroad right of way. Public street access into the property extends to just north of the Eight Mile Lateral. Then, loading areas, docks, and bays facing west along -- that would face these existing residences. The key Commission changes to staffs initial recommendation, they did eliminate condition 1.2.2, which required the applicant to provide two public street access points to this property, connected by a loop road. Let me take a moment to explain that, so you understand where staff was going. We had proposed that they have a street that lined up across Franklin, came and looped through the property, and, then, came back down on the westem property, one, so they could mostly provide public street access and a shared access along Franklin to the property to the west. West. Sorry. And to the east. Both of those properties are currently vacant. So, what we are trying to do is get a total of two access points to serve all these properties along this stretch of Franklin Road on the north side. That condition was removed by the Planning Commission, so currently this property would have an access. There is the public street access, in addition to two access points approved and, then, this comer property would have an access point approved. Staff was a little worried, because this comer property is only 220 feet in depth along Franklin, so it is pretty close to what will be -- so that the traffic projections along Franklin are quite high, as we are finding out as time goes on. Also, the Commission eliminated condition 1.2.4, which required the applicant to include the 25-foot landscape buffer between land uses along the westem boundary. Those lots, three through five, Block 1. These lots here. A modified condition 1.2.5, to allow the loading areas, docks, and bays to face the westem property line and they required the applicant to submit an altemative compliance application for the 25-foot landscape buffer between uses. I, actually, have the approval authority on the altemative compliance, so that's why that condition was in there. They required the applicant to pursue an emergency access point along the northem property line and report to Council if this is viable. So, we anticipate Mr. Miller will update you on those efforts. With regard to outstanding issues before City Council, the applicant is requesting not to cover the Eight Mile Lateral as required by UDC. We do -- you do get requests to waive this when it is a large facility and I think the applicant has stated in his response letter that it would be a 60 inch pipe. So, you have waived those before. Staff doesn't really have concerns with that. The applicant should provide more information, as I mentioned before, about the emergency access and, then, we come to the altemative compliance for the landscape buffer. As I mentioned before, the Comprehensive Plan does designate the neighboring properties as mixed use community, which could allow for offices, it could allow for even residential along there. Those houses may be an interim use or they may be picked up and converted to offices. Regardless, we are not anticipating that those will be developed as industrial sites, they are just too small for industrial sites. Therefore, the UDC requirement for the 25 foot landscape buffer would still hold. I believe the applicant has Meridian City Council November 21, 2006 Page 26 of 43 -- is proposing at this juncture to provide a five foot landscape buffer with a vinyl fence along that property line. They were originally talking about a chain link with slats, but I do believe they have upgraded it to vinyl. My concern with the five foot landscape buffer, as opposed to say a ten foot landscape buffer is that a five foot really can't support long term the trees that are required for that landscape buffer. So, from my standpoint Ithink I -- for alternative compliance, Icould -- I could live with ten feet and a vinyl fence. I'm a little concerned about the five foot with the vinyl fence. The applicant did submit a letter. I have gone over most of those things. With regard to one point -- with regard to his first item, if the Council wishes to approve this application, the motion should include direction to delete condition 1.2.8 on page two. With regard to the 25 foot landscape buffer, I think the easiest thing to do is to just delete the latter part of that condition where it says -- and that's condition -- sorry. That's condition -- I don't have the number. I will have to look it up. Just to delete the portion that says to a five foot landscape buffer with a six foot chain link fence with slats of a single color. So, just -- the condition should just read to direct them to submit an alternative compliance application. And, finally, their third item pertains to the fire department conditions and I'll give a little background on it, but, then, I would be looking for the fire department's comments. The applicant has raised a concern that there is -- what he sees as conflicting standards. Right now as it stands, the development agreement would have a restriction on some uses on Lots 3, 4, and 5 of Block 1 and that would be that you couldn't have a vehicle impound yard, a solid waste transfer station, recycling center or vehicle -- major vehicle repair. There is also a restriction on trash compactors facing the western property line and that the Planning Commission removed loading areas, docks, or bays, which is still a little bit of a concern for staff, given that those face existing residences. But, then, the fire department conditions -- some of them apply to Lots 4, 5 and 6 and 7 and that would be the flammable and hazardous materials would be prohibited on those lots or the fire department reserves the right to restrict future uses of those. And, then, similarly on Lots 3 through 8, they need to get fire department approval on any uses north of the creek. So, there are -- I don't see them as conflicting, but they are alittle -- they will be a little cumbersome to implement, because they are not consistent with one another, but they are not conflicting. So, I support whatever the fire department wants to do as far as uses, but for implementation purposes it may be beneficial to have some consistency on which lots are restricted. And with that I'll hand it over to the fire marshal. Silva: Madam Mayor, Members of the Council, to kind of further explain that consideration, why that concern was raised, with one point of access our concern is that if we were approaching -- if we had hazardous materials stored, flammable, hazardous materials stored in some of those sites there on the north end of that proposed project, our concern is if we did have an accidental release or fire involving those materials, that we may have to approach -- even though prevailing winds would probably, in all likelihood, blow that away from us, we don't want to be caught in a situation where we are having to approach a fire that's of a hazardous nature from a downwind position over a long distance. So, those are our concerns in that area. Also, as you go north across the railroad tracks you have Sunbridge convalescent hospital and you also have the Tremore, which is a senior housing project. If you had a release that went that way, Meridian City Council • November 21, 2006 Page 27 of 43 it also causes some real rescue evacuation problems for those residents immediately, because of the proximity of that to the development. With that I will stand for any further questions you may have with respect to that that you raised. De Weerd: Council, any questions? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Joe, I got one question here on the return letter from Mr. Van Auker. From Brad. These conditions for the fire was after the Planning and Zoning Commission's meeting? Why are we doing it between? That should have been brought forward at the Planning and Zoning Commission meeting. Canning: Councilmember Bird, my understanding is that they were in response to the Planning Commission's direction from that hearing. Bird: Thank you. De Weerd: Okay. Anything else from Council at this point? Okay. Would the applicant like to comment? We appreciate it's not called Porky Pig Two or Three or -- Miller: Right. We did not allow Mr. Van Auker to name this one. De Weerd: Thank you. Miller: My name is Brad Miller, representing Creamline Associates, 3084 East Lanark in Meridian. Excuse the glasses. I'm not aging as gracefully as Councilman Rountree is, so I need these specs. Just as a little bit of background, this subdivision is -- there is a great need in Meridian for larger industrial lots, larger being three, four, five acres. There is not many places --Sheryl Brown calls me continually saying where can I put an industrial use. I tell her there is no place in the City of Meridian. So, we are trying to accommodate a need in the City of Meridian for industrial uses. Keep in mind that this area on the west side of Linder Road, that's all industrial there. You have the bus bam facility, you have the waste -- the Sanitary Services facility -- this aerial is rather old. You also have the Marcon facility, which is to the west of the bus -- or to the east of the bus bam where they do highway barricades and those kind of things. And along the frontage of Linder you have A-1 Heating, you have got Cascade Fence. The storage place. So, there is not any real pretty uses there. On the east side of the road you do have the two properties on the far north and the far south which are zoned into the city. The others are county properties, have not been annexed or zoned, and I would consider them nonconforming uses, although the staff disagrees with my definition -- or my characterization of them as nonconforming uses. But they are transitionary type uses right now. They are homes that were built in the 1960s and some of them have been converted to home businesses. You have got a birthing center there, which, Meridian City Council November 21, 2006 Page 28 of 43 interestingly enough, I called the county to see if it was an approved -- if it had been approved and they couldn't find any records. So, I don't think -- well, my wife's passed child birth age, so I don't think we will have any kids there, but, anyway, some of those uses appear to be nonconforming uses and, in addition, I would suggest that there is four or five of them which are owner occupied homes. The rest of them are either owned by investors or rented out to other people or are used as businesses. As a point of explanation on the entrances, we chose to put a cul-de-sac right in the center, right there, and, then, we are -- we know the owner of this property real well, it's Mr. Van Auker, and so our plan would be to put a shared entrance right there, so that would access this lot and this lot and, then, we would probably access this lot from this road here. We did not want to have to put another access point here. We may reserve the right to -- we would like to reserve the right to do that, possibly, in the future and if we do do that, we would definitely get with that property owner and do a shared access point there, but we don't want to be required to do that access, because we may want to do all of our access for that one lot down there from the cul-de-sac. In regards to the landscape buffer, those lots on the east side of Linder Road are over 300 feet deep. The homes sit on the front third of those lots and, then, if -- Anna, would you mind going to the site plan to show generally -- the other one that shows the buildings on it. No, it's not going to illustrate exactly what I wanted. We are going to be a little close. I was going to tell you that our buildings were way far away from that property line, but I should have looked at it before I got up here, so I'm wrong there. De Weerd: It was really close. Rountree: It depends on how much you want to exaggerate that scale. Miller: Yeah. But it's not to scale, Mr. Rountree. But our intent would be -- the typical thing we would do with it is a distribution warehouse building. They are not obnoxious uses. We don't see a lot of -- any obnoxious uses there. We have a number of tenants who are interested in going there. We have a plumbing supply company that wants to locate there, Keller Supply. We have Specialty Construction that would like to locate there. We have a number of other uses that we would like to locate on this -- in this area. We feel that the restriction on having loading docks not facing the west is onerous and we would -- and I don't quite understand the reason for that, because loading docks, to tell you the truth, everything's done inside and the truck backs up and they are really not noisy at all. It would be loading outside that could be a problem if you're loading off a flatbed. So, we don't have a problem with the -- with the trash compactors and all those things. And we want to be good neighbors, but we feel that -- and I would be -- Anna, I would be willing to go to the ten foot, just because I'm an agreeable guy, a ten foot landscape buffer with the vinyl fence. Our preference -- De Weerd: We need to frame that. Bird: You got that on record? Frame that when we type it out. De Weerd: Hold that quote. Meridian City Council • November 21, 2006 Page 29 of 43 Miller: Our preference is slatted chain link, but I think only industrial guys and correctional facility people find chain link as beautiful, because Anna tells me that that does not qualify as a property screening material. So, we would be willing to go with the vinyl to protect those uses. But I really think when that does develop out on the east side of Linder there, that it will not be residential. I could see office there and I could see some smaller, less intensive industrial uses there as well. And I don't feel that it will be incompatible from what they are doing with what we are doing. In regard to the covering of the ditch, Nampa-Meridian is requiring that to be 60 inches. We were prepared to do 48 inches, but when you go from 48 to 60, the cost doesn't go up incrementally, it goes up exponentially and it just makes it prohibitively expensive to do that. We will, obviously, put in a crossing there for the road, but, interestingly enough, the crossing we put in for the bus barn facility -- because that was our property -- 160,000 dollars to put in the 60 inch crossings there, just for the two crossings and not to cover the whole ditch. In regards to the fire department restrictions, we don't have a problem at all with the four top lots being restricted. The length of the cul-de-sac is a little bit outside of the normal distance requirements and we don't have a problem with that at all. In regard to the first two lots there on the other side -- on the north side of the ditch, those are within the normal requirements or the normal lengths of a cul-de-sac, we feel that it would not make sense to restrict those lots from a use point of view and we would ask that those be excluded from the fire department's restrictions. There is one other condition the fire department brought up and that was a turnaround and initially it talked about having a turnaround here. We would propose that that turnaround be right here, so that we don't have to -- so that these lots can be fenced and secured and the turnaround can be right there to allow them access and the ability to get around. In regard to the northerly emergency access, it's interesting -- Anna, could you go back to the area map or the area vicinity deal? This northerly lot of this -- this is a subdivision right here called the Hepper Subdivision. After the Planning and Zoning meeting I went back and I pulled the information on that. It's called Hepper's Acres and it's interesting on the north of that lot right there there is a 60 foot easement that's a utility easement and the wording -- let me read two statements here. It says: Said easement is hereby perpetually reserved for public use. Those structures other than for utility purposes are to be erected within the lines of said easement. There is a day care there now and they have got parking over there, but it's interesting when you go to the CC&Rs of the subdivision, it states that the easements indicated on said plat are not dedicated to the public at this -- at the time of filing the plat, but you go further down and it says: The plat -- the easement shall become public right of way and shall be dedicated for public use upon passage of an ordinance by the City of Meridian Council. So, I mean if we -- if the city so chose to push the matter, that could be dedicated to the city use for access to the north and we would be more than happy to participate in the improvements there and those kind of things, so that the fire department could get access to the north. I think I have covered everything. Are there any questions? De Weerd: Council, do you have any questions? Meridian City Council November 21, 2006 Page 30 of 43 Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Brad, was there any -- any design options done with the two access points as Anna had described to see if that was a viable choice? Miller: Madam Mayor, Councilman Borton, the question with -- that the staff brought up is they were interested in two dedicated -- I mean a dedicated loop road. As we looked at that, it didn't make any sense, because we would lose too much land and the lots would end up becoming smaller and not -- and would not fulfill the market need for three to five acre lots. So, we just felt like it would not accomplish the purpose of the subdivision and it would be our preference not to do that. De Weerd: Mr. Rountree. Rountree: Madam Mayor, I think Anna in her presentation brought up the two different building styles and wanted some verification from you in terms of design criteria that would be on Franklin versus what the industrial sites would look like. Miller: Correct. Councilman Rountree, the one Taco Del Mar building is a retail building that we did in Eagle in front of Home Depot and that would be a similar style to what we would do on the front in the commercial section. Obviously, we wouldn't do that in the back. The back I would imagine would be concrete tilt masonry buildings and probably some steel buildings as well. Traditional industrial type buildings. De Weerd: Any other questions? Okay. Anna. Canning: Madam Mayor, Members of the Council, I believe that the Planning and Zoning Commission in recommending approval believed that they would have secondary emergency access from the north and I think that the applicant has testified that there will not be secondary emergency access from the north. Unless the Council wishes to condemn property and have a road built on that 60 foot easement. But, typically, 60 foot unopened right of way remains unopened right of way in the county. Miller: But, Anna, that's within the city, that right of way -- or that 60 feet is within -- it's been annexed into the city. Canning: Madam Mayor, Members of the Council, I guess what I meant was typically subdivisions that were approved in Ada -- in Ada County with unopened right of way or in the city with unopened right of way, tend to remain unopened. It's just those future roads, typically, unless somebody develops that property or buys that property and wants to put the road there, it doesn't happen. We see this fairly frequently and it just doesn't work, the future roads. I have not heard a legal opinion yet that says we can go open them up, so -- Meridian City Council • November 21, 2006 Page 31 of 43 Miller: Madam Mayor, Members of the Council, we cannot guarantee that there would be secondary access as I stand here today. I wish I could, but I can't guarantee that we can get secondary access to the north. We would make a best effort to do that, but I can't guarantee that we can. We would not be opposed to having a stub street out to the west, but staff was not necessarily -- I mean the problem with that is where do you put it and as soon as you run it into the back of that one guy's property, his price goes -- you know, triples or quadruples, so it probably would never go through. De Weerd: What's going on to the east? Is there any opportunity for access? Miller: No. What you have, Madam Mayor, on the east is you have 84 Lumber, which is to the north of the mini storage there. You have the mini storage and, then, to the south of the mini storage is the land, additional plus or minus five acres that Mr. Van Auker owns. I think way back when the idea was that Taylor Avenue was going to continue that direction, but that's precluded from doing that. De Weerd: Okay. Council, any other questions? Bird: I have none. De Weerd: Thank you. Miller: Thank you. De Weerd: Okay. This is a Public Hearing. Is there anyone who would like to provide testimony on this application? Okay. Council, is there any further information needed? Rountree: Madam Mayor, I guess from my perspective I almost need a score card as to what was requested, what was agreed to, what's the desire and what's acceptable. We have heard good explanations from the applicant on a number of these items that I can understand and probably agreed to, but we have a number of pages and comments from staff, fire department, the applicant -- I'm thinking sorting all of this out up here tonight is going to leave one of these things that might be critical to either side, unaddressed. So, we have got until midnight, I suppose, but I can't make a motion that addresses all of those. De Weerd: Well, Council -- Rountree: So, I guess maybe if we can hear aplay-by-play from both Anna and the applicant, maybe go through the comments, so we get it right one time and don't have to go back again or we take a breather and try to work it out and see this again next week. De Weerd: We can take a five minute recess. Anna, would that be helpful? Meridian City Council • November 21, 2006 Page 32 of 43 Canning: Yes, ma'am. I really don't think it's as bad as we have made it out to be. I could -- Rountree: I didn't indicate it was bad, but there is a lot of pieces and parts that need to be pulled together in a motion for clarification to both sides and I don't want to miss one. Canning: Yes. If I could, before you take the break, though, I need to know Council's direction that they want to go. So, if I could query you all as to what you wanted to include in the motion, I could draft a motion fairly quickly. De Weerd: Okay. Rountree: Well, Madam Mayor, off the top of my head I know we have historically for as many years as I can remember -- and some days that's not too many -- exempted having to cover and the ditches anything in excess of 48 inches. So, that one is pretty straight forward. I like the explanation of how access is going to hopefully work itself out as they develop the rest of their holdings to the east and I heard agreement that they would be willing to work out an access to the one parcel on the west as well, between Linder and -- Canning: Point of clarification. Do you want to require that if they have another access to Franklin that it be a shared access to the east? Rountree: I believe the applicant indicated that that was what they were planning, so that would be -- that would be fine. Canning: And I missed what you said about -- Rountree: I tend to agree that as long as the cul-de-sac is within our normal length of cul-de-sac, that anything that's serviced to that cul-de-sac probably shouldn't be restricted, but anything beyond the length of our normally allowed cul-de-sac probably should have some restrictions. I'm excited about industrial property in Meridian, but I'm concerned about the amount of residential that's there and I appreciate Brad saying it's light industrial and it's warehousing and that sort of thing, but if it's warehousing of barreled chemicals and that sort of thing, the amount of residential around the site, it puts not only the city, but the folks that live around it, the folks that might do business there in a great amount of exposure. So, somehow deal with that particular issue. I mean we don't want another Kuna spa deal going on here, so I don't know how you do that in terms of restricting uses. Canning: Currently -- Madam Mayor, Members of the Council, Councilmember Rountree, currently we restrict vehicle impound yards solid waste transfer stations, recycling centers and major vehicle repairs, which are some of the more intensive I-L uses, but we do actually -- we came up with a new category for the really heavy uses and that's I-H, which they are not proposing on this one. Meridian City Council November 21, 2006 Page 33 of 43 Rountree: Okay. So, that takes care of my concern. Thank you. Canning: And also no trash compactors on that side. Rountree: I don't have a particular issue with loading docks on the west side. I don't see where that's going to make a lot of difference, so I would be okay with that. I'm okay with the ten foot buffer. Those are the kinds of things that just come to my mind, but I know there were some other things as it relates to the fire department and I'll let Council deal with the fire department issues and deal with the -- De Weerd: I guess, Council, the -- on the loading docks -- and I do agree it's going to transition, but I can tell you in a similar situation over by our police station and -- what is that called, Keith? Bird: Which one is that? De Weerd: John Barnes. Bird: Whatever it is, it's Barnes -- De Weerd: But I do know we get phone calls on that and what do you do as you wait for that to transition and not make life totally miserable for the people who continue to live there. And I know they have stopped calling, because they don't have any faith in city government any longer, but that's always the question is as those uses transition and because they are loud, you do -- are required to have the back up noise on the trucks and loading vehicles and so those do cause concerns until those uses do transition and I think that's why staffs probably -- well, Brad, weren't you on the UDC PIG group that made all these rules? Miller: Madam Mayor, I was, but I think I was overruled on a lot of things. But I understand the concern about the -- Canning: That's not fair. Miller: Actually, they were very respectful to me. And I understand the loading docks. I mean we want to be good neighbors and we don't want you to receive calls and the last thing I want to receive is calls from neighbors and it's always a tough question on those transitionary uses. I have had the same issue in Nampa and I don't know if there is a good answer to that. I wish there were. But it kind of is what it is, unfortunately. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: A statement on -- regarding what you just -- and I agree with what you said a hundred percent out there, but the difference is the houses that are here are built close Meridian City Council r • November 21, 2006 Page 34 of 43 to Linder and they have had -- and probably about 30 years ago I knew everybody that lived in those houses and they have got 100 to 150 feet between the property line and their house. They are used to it there, where the people that -- over on Locust Grove, they had -- they had their houses built right up to the hill where we were putting in the loading docks right next door to them. So, I would -- you know, if they -- I don't -- I don't think you will -- I think these people are used to -- to having industrial out there already, because you have got Cubby's going in all the time, you got trucks coming out, A-1 Heating has -- and this is facing their -- the front of their houses, all their houses. This is their backyards and they had got very large backyards. In fact, most of them are fenced and most of them used to run a few head of cattle, but I don't know if they still do or not. I'm really concerned about the industrial area we got in Meridian. I think we have taken some that was -- that our forefathers planned as industrial and we made it into residential and I'm afraid we are going to be out of areas to create jobs and we can turn into a bedroom community doing that. De Weerd: Well, I certainly hope you have a rail user in the back end. I think -- I keep hearing that. Okay. Any other questions from Council? Anna, did that give you enough information to draw something up? Canning: Yes, ma'am. The only other question Ihad -- assuming that the rest of the Council members are in agreement with Mr. Rountree, some general nods would help me. Okay. And -- thank you. And would you like the photos included in the development agreement? Rountree: Yes. Canning: Okay. Yeah. I can have something for you in just a couple minutes. De Weerd: Council, what we could do is just go ahead and take care of our ordinances and, then, go back to the planning. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: With that I'd move that we continue Items 14 and 15 until after Items 18. De Weerd: Okay. Do I have a second? Borton: Second. De Weerd: Okay. I have a motion and a second to continue 14 and 15 to after Item 18. All those in favor say aye. All ayes. Motion carved. MOTION CARRIED: ALL AYES. Meridian City Council • November 21, 2006 Page 35 of 43 Item 16: Ordinance No. .57 acres from Garton - 435 W 06-1275 RZ 06-009 Request for a Rezone of an I-L zone to an R-8 zone for Vicki Garton by Vicki Broadway Avenue: Item 17: Ordinance No. 06-1276 AZ 06-028 Request for Annexation and Zoning of 4.43 acres to an R-15 (Medium High-Density Residential) zone for Touchstone Place Subdivision by Horizon Development -1187 East Fairview Avenue: Item 18: Ordinance No. 06-1277 AZ 06-013 Request for Annexation and Zoning of 21.77 acres from RUT to R-15 zone for Canterbury Commons Subdivision by America West Homes, LLC -south side of Pine Avenue and east of Ten Mile Road: De Weerd: Okay. Mr. Berg, will you, please, read ordinances on Items 16, 17, and 18, 06-1275, 06-1276 and 06-1277, by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance No. 06-1275, an ordinance finding that George William and Viola Nelson, the owners of certain land -- certain rural property has made a written request for rezone of the zoning classification for real property being situated in the southeast quarter of Section 12, Township 3 North, Range 1 West, Meridian, Ada County, Idaho, as described in Attachment A of this ordinance and rezoning certain lands and territories situated in Ada County, Idaho, and within the corporate limits of the City of Meridian and rezoning the land use zoning classification of said lands from I-L to R-4 in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. Berg: Ordinance No. 06-1276, an ordinance for annexation of property located at the northwest quarter of the northwest quarter of Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from R-1-M to R-15 in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County Recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. Berg: Ordinance No. 06-1277, an ordinance for annexation of property being a portion of the southwest quarter of Section 11, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, Meridian City Council • November 21, 2006 Page 36 of 43 establishing and determining the land use zoning classification of said lands from RUT to R-15 in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. Wardle: Thank you, Mr. Berg. You have heard these ordinances read by title only. Is there anyone who would wish to hear them read in their entirety? Hearing none, Council? Bird: Mr. President? Wardle: Mr. Bird. Bird: Would you accept all three of them at the same time? Wardle: You bet. Bird: I would move that we approve Ordinance 06-1275, 06-1276 and Ordinance 06- 1277 with suspension of rules. Rountree: Second. Wardle: It's been moved and seconded to approve Items 16, 17 and 18. Mr. Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Wardle: Anna, update on -- Canning: I'm close. Bird: You said five minutes you would have a -- Rountree: That was five minutes ago. Bird: -- motion for us and that was five minutes ago. You even had help over there. Wardle: Council, I don't have any funny stories to tell you, so we will wait here for -- Bird: Yeah. Would you -- what was the score down in Fresno? Borton: Mr. Bird, if I could field that question. I think it was 34 nothing. Meridian City Council • November 21, 2006 Page 37 of 43 Bird: Was it 34 nothing? The Vandals was the 34; right? Wardle: Do you have that ready yet, Anna? We do have a -- the clerk has a real question for us, Council and he would like to know what the Council's involvement will be at the Winterland Parade, which is December 2nd. De Weerd: We know Keith will be in front of the parade. Bird: That's what I understand. De Weerd: But what will the rest of you like to do? Bird: Get those carts, guys. That's the funniest thing. Rountree: Anything but wearing elf costumes. Bird: Oh, I got one, too, for you. Borton: Madam Mayor, the question I had was for a couple of years you had the carts. Is that not an option for us anymore or -- De Weerd: We could certainly look into it, if that would be your preference. Rountree: As long as it's not raining that's just fine. De Weerd: Okay. Rountree: My granddaughter loves that. De Weerd: So, you want the little two seaters? Bird: Yeah. Rountree: Yeah. De Weerd: Okay. Okay. We will see what we can do. If -- what would be your second choice? Would you like cars that -- Wardle: Asingle-seater. De Weerd: If we can't do Boondocks, what would be your second choice? Want to ride on the fire truck? Wardle: We can get with the fire department. I know we had some issues in the past with having enough trucks in service, but we can get a ride on that or parade trucks. Meridian City Council November 21, 2006 Page 38 of 43 Rountree: I think we can probably get a parade truck and I know a driver, if he's not working, that would be glad to volunteer to do that. Bird: Whether he wants to volunteer or not. De Weerd: Go ahead, Joe. Silva: Madam Mayor, Members of the Council, some years ago we did have Council and Mayor ride in one of the parade trucks that has seats. It was one of the older ones. Formerly with Caldwell and also north Ada County fire department made that available to us. I don't know, Mayor, if you remember that. Councilman Bird. So, I'm sure I can make that contact if you would like to have that as a backup. De Weerd: That would be great. Thank you, Joe. Okay. Well, that piece of business was taken care of. Council, I am very pleased to announce our brightest star winners. We will be recognizing them next week at the 28th meeting. Our individual brightest star is your very own Councilman Keith Bird and our small business brightest star is Heritage Auto Care Center with Becka and Tony Sanders. So, they will be recognized by the governor in a ceremony next month. I believe it's on December 7th. Certainly we would invite you to and will forward information to you regarding that -- that ceremony to be on hand to cheer on our brightest star. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: You know, this is really a privilege and I'm humbled. Mayor was the first recipient of the individual star, which was very deserving and, you know what, I sit with four other gentlemen up here that are very worthy of being brightest stars also. Every one of you guys have been involved with the community, been with the youth. Charlie and I because of age, have had more years added -- I mean we were doing it when the rest of you guys were in -- were the ones we was doing it for, you know, so it's really a privilege. I have been very fortunate in my life to have some very good awards and this one honor is right up there with the top and being the marshal of the Dairyland or -- not the Dairyland, the winter parade is also a very nice honor that I feel very privileged. Thank you. De Weerd: Thank you, Mr. Bird. We will get that information and ask if you and your families would like to come join us. It is open for that. Council, also in front of your this evening -- just for your information at this point, as you have in front of you some information on the community detox center that's being proposed, they will be coming to give an official presentation or at least to discuss this in more detail sometime next month. I'm waiting to hear back information on available dates and I just wanted you to have what I received yesterday, so you have a chance to read through it. Attached to that also are the minutes that we had when Sheriff Raney came to talk. This facility would also get in the same vicinity. It's certainly not the same project that Sheriff Raney Meridian City Council ~ • November 21, 2006 Page 39 of 43 talked to us about. I also understand that the request would be -- would mirror the request that we heard from Sheriff Raney. So, you should hear that sometime next month. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: This is such agreat -- and I know I always worked hard at getting this, along with everybody else, but it's something that this -- not just Ada County, this whole Treasure Valley needs is a detox center. Long overdue. Item 14: Public Hearing: AZ 06-048 Request for Annexation and Zoning of 32.75 acres from RUT to a C-G zone (8.74 acres) and I-L zone (24.01 acres) for Creamline Park Subdivision by Creamline Associates, LLC -1200 W. Franklin Road: Item 15: Public Hearing: PP 06-050 Request for Preliminary Plat approval of 6 industrial lots on 24.01 acres in a proposed I-L zone and 4 commercial lots on 8.74 acres in a proposed C-G zone for Creamline Park Subdivision by Creamline Associates, LLC -1200 W. Franklin Road: De Weerd: Thank you. Mr. Wardle. Wardle: Madam Mayor, I thought Anna had - Canning: I'm done. Wardle: So, I guess procedurally, Madam Mayor, I believe we continued the Public Hearing. Do I need to reopen that? I move that we reopen the Public Hearing on Items 14 and 15. Bird: Second. De Weerd: Okay. All those in favor? MOTION CARRIED: ALL AYES. De Weerd: Okay. Okay. In front of you we do have discussion and a Public Hearing going on Items 14 and 15. I would ask our planning director to give you an overview of where we are at. Canning: Madam Mayor, Members of the Council, I believe I have addressed your comments. The loading docks were already taken care of in the Commission's recommendation to you, so there is no need to do anything on that. Going through the other preliminary plat one, deleting condition 1.2.8, that's regarding the tiling of the Eight Meridian City Council ~ r November 21, 2006 Page 40 of 43 Mile Lateral, modifying condition 1.2.6 to beaten foot landscape buffer with a six foot vinyl fence. And adding a new condition that the preliminary plat shall depict a shared access and cross-access easement for Lot 10, Block 1, sorry, such that it shares a single access to Franklin Road with the property to the east. A little rough, but that's the best I could come up with. And the applicant's okay with that wording. And, then, to modify condition 3.2, which was one of the fire department conditions, instead of Lots 3 through 8, it would just be Lots 4, 5, 6 and 7, so that it's consistent with the other conditions. And, then, regarding the development agreement, just to add the conceptual photos for the commercial and the industrial development. We will probably really only look at it for the commercial. I believe that addressed everyone's thoughts and concerns, unless I missed something. De Weerd: Okay. Council, is there anything further that you needed from Anna? Okay. Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: That clarified everything that I had. Hearing no further comments, I move we close the Public Hearing on Items 14 and 15. Bird: Second. De Weerd: Okay. I have a motion and a second to close the Public Hearing on Items 14 and 15. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Discussion or do I have a motion? Wardle: Madam Mayor? De Weerd: Yes. Wardle: I would move that we approve Item 14, AZ 06-048, and to include the photos from the Public Hearing submitted by the applicant to the development agreement. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the project in front of you with the comments provided by staff and Councilman Wardle. Is there any further discussion? Hearing none, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Meridian City Council • November 21, 2006 Page 41 of 43 De Weerd: Thank you. Item 15. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I would move that we approve Item 15, PP 06-050, preliminary plat for Creamline Park Subdivision, to include all staff, applicant, and public comments, specifically to delete condition 1.2.8 on page two, to modify condition 1.2.6, the second bullet to read the applicant shall submit an alternative compliance application to comply with the buffer between land uses on the west property line to a ten foot landscape buffer and six foot vinyl fence. Adding condition 1.2.11, preliminary plat, shall depict a shared access and cross-access agreement -- easement for Lot 10, Block 1, such that it shares a single access to Franklin Road with the property to the east and to modify condition 3.2 to apply only to Lots 4, 5, 6 and 7. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve Item 15 with an impressive list. What memory. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 19: Executive Session per Idaho State Code 67-2345(1)(a) - (to consider hiring a public officer, employee, staff member or individual agent, not to include. This paragraph does not apply to filling a vacancy in an elective office); and Idaho State Code 67-2345(1)(b) - (to consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student): and Idaho State Code 67-2345(1)(c) - (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency): De Weerd: Council, Item 19 is Executive Session. Do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1) (a), (1) (b), (1) (c) and (1) (f). Rountree: Second. Meridian City Council ~ • November 21, 2006 Page 42 of 43 De Weerd: Okay. You have heard the motion. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Gorton, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: De Weerd: I would entertain a motion to come out of Executive Session. Bird: So moved. Rountree: Second. De Weerd: All those in favor say aye. MOTION CARRIED: ALL AYES. Wardle: Madame Mayor. De Weerd: Mr. Wardle. Wardle: I have a motion here - I move that we accept the Planning Administrator's recommendation for a budget amendment of $2,666.66 for reimbursement of educational expenses for her department -reclassification. Bird: Second. De Weerd: Okay, I have a motion and a second. Any discussion? Mr. Berg, will you call roll. Roll-Call: Wardle, aye; Bird, aye; Rountree, aye; Borton, aye. MOTION CARRIED: ALL AYES. De Weerd: Council, just a quick announcement. We did complete our 100 best for young people application. I will see that Peggy gets you a copy of that. I would entertain a motion to adjourn. Rountree: So moved. Bird: Second. De Weerd: All those in favor. Meridian City Council November 21, 2006 Page 43 of 43 MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 10:12 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: /~~''~ 1911111111/x. MAYOR T Y DE WEERD ,,~~`~ I ~~~ ~''~>>, ->; AED: .G~ ~' ~~ IL~IAM e ~ ~° m 4 ,s®'0'/'~l0/lllilll V11411'``eV`\``, l2, l~, t6 DATE APPROVED G. BERG JR.VCITY CLERK ~ ~ November 17, 2006 AZ 06-041 MERIDIAN CITY COUNCIL MEETING November 21, 2006 APPLICANT Larry C. Harpe ITEM NO. 5-A REQUEST Findings for Approval -Request for Annexation and Zoning of 8.95 acres from RUT to R-8 zones for Hatpe Subdivision - 4715 North Locust Grove Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Findings CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Materials (dyE~ inGS C~~ Std~ff Initi6ls: public meetings shall become property of the City of Meridian. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~;~i ~. ~ "4. ~~.,i~3°ic~ia~fl C4'k~° ~aF ~~ P 1~ ~~y, ~ ~~'~~'~'~'"' ,F ~~ ~`~`~~ In the Matter of Annexation and Zoning of 8.95 acres from RUT to R-8 and R-4 AND Preliminary Plat approval for 22 residential Subdivision, by Larry C. Harpe. Case No(s). AZ-06-041 and PP-06-042 building lots and 3 common lots for Harpe For the City Council Hearing Date of: November 8, 2006 (Findings on the November 21, 2006 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of November 8, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of November 8, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of November 8, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of November 8, 2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-041 and PP-06-042 • 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of November 8, 2006 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated August 23, 2006 is hereby conditionally approved; 2. The following modifications to site specific conditions were made at the City Council hearing: a. That Lot 13, Block 1 be annexed and zoned as R-4 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of November 8, 2006 incorporated by reference. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, maybe considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B- CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-041 and PP-06-042 • 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council maybe granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of November 8, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-041 and PP-06-042 i ~! By action of the City Council at its regular meeting held on the Zl ~~ day of ~(~ ~, 2006. COUNCIL MEMBER SHAUN WARDLE VOTED__~~~ COUNCIL MEMBER JOE BORTON VOTED_ I J~w COUNCIL MEMBER CHARLIE ROUNTREE VOTED_ I~~.l,~- COUNCIL MEMBER KEITH BIRD VOTED_~ TIE BREAKER -, MAYOR TAMMY de WEERD VOTED ATTEST: G. Copy served upon: MAY~~ de WEERD ~`°°°°\\\\ /Joe®~/~s® ~ ~~~ ~~ v i ~~~ JR., L~K ~ ~~' e Applicant ~~''~~--r--n nn++~`+``. Planning Department / Public Works Department -~ City Attorney BY~ ~ -~~ ~ Q Dated: I l -~~ -Ol0 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-041 and PP-06-042 CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAi~ DATE OF NOVEMEBR 8, 2006 STAFF REPORT Hearing Date: 11/8/2006 TO: Mayor and City Council FROM: Justin Lucas Associate City Planner Meridian Planning Department 884-5533 SUBJECT: Harpe Subdivision • AZ-06-041 ~ ~,~ ~;~, ' ~a._,~ e~~~F ~~~i _ ~, ira.ee~e~ .~ ~ ~, "~~: " ~_ . 4+~F: Annexation and Zoning of 8.95 acres from RUT (Ada County) to R-8 (Medium Density Residential) zone • PP-06-042 Preliminary Plat of 22 single-family building lots and 3 common lots on 8.95 acres in a proposed R-8 zone 1. SUIVIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Larry C. Harpe, has applied for Annexation and Zoning (AZ) of 8.95 acres from RUT (Ada County) to R-8 (Medium Density Residential) and Preliminary Plat approval of 22 single family residential lots and 3 common lots for Harpe Subdivision. The site is located on the south west corner of the intersection of Locust Grove and McMillan Roads in Section 31, Township 4 North, Range 1 East, and is currently referenced as Assessor's Parcel Numbers S0531110151 and 81608650180. 2. SUMMARY RECOMMENDATION The subject applications (AZ-06-041 and PP-06-042) were submitted to the Planning Department for concurrent review. Staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation and Zoning and Preliminary Plat applications. The Meridian Planning and Zoning hearing they moved to recommend approval a. Summary of Commission Public Hearin: i. In favor: Van Elg ii. TIl Opposition: None iii. Commenting None iv. Written testimony: Oliver Palmer v. Staff resentin a lication: Justin Lucas vi. Other staff commentin on a plication: Caleb Hood Bruce Freckleton b. Kev Issues of Discussion by Commission: i. -Overall density of the subdivision: ii. -Future density of Lot 13. Block 1 (large lot the will retain an existing home c. Kev Commission Changes to Staff Recommendation: i. -Development Agreement limiting Lot 13 Block 1 to R-4 densi for an~ tore subdivision d. Outstanding Issue(s) for City Council: i. -None Harpe Subdivision AZ-06-041, PP-06-042 PAGE 1 CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAR~DATE OF NOVEMEBR 8, 2006 .~ ii. In favor: Van Elg iii. In opposition: None iv. Commenting: None v. Written testimony: None vi. Staff presenting apnlication• Anna Borchers Canning vii. Other staff commenting on annlication_•_None 12, ev Issues of D1SCLCCIOII by ounc~l: i. -Overall density of the subdivision: ii. -Future density of Lot 13. Block 1 (large lot that will retain an existing home ~, ev Counc'1 .ban ec to f'nmmiccinn Recnmmanrial~inn• i. -Development Agreement requiring that Lot 13 Block 1 be annex cl and zoned as R-4. 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ- 06-041 and PP-06-042 as presented in the staff report for the hearing date of November 8, 2006, with the following modifications to the conditions of approval: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny to the File Numbers AZ-06-041 and PP-06-042 as presented during the hearing on November 8, 2006, for the following reasons: (State specific reasons for denial of the annexation and/or preliminary plat request.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers AZ-06-041 and PP-06-042 to the hearing date of (insert continued hearing date here) for the following reason(s): (State specific reason(s) for a continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 4715 N. Locust Grove Road Section 31, T4N, R1E b. Applicant /Owner: Larry C. Harpe 1092 W. Shearwater Eagle, ID 83616 c. Representative: Van Elg, The Land Group, Inc. d. Present Zoning: RITT (Ada County) e. Present Comprehensive Plan Designation: Low Density Residential f. Description of Applicant's Request: Harpe Subdivision AZ-06-041, PP-06-042 PAGE 2 CITY OF MERIDIAN PLA1'1NI~PARTMENT STAFF REPORT FOR THE HEA~ DATE OF NOVEMEBR 8, 2006 1. Date of Preliminary Plat (attached in Exhibit A): August 23, 2006 2. Date of Landscape Plan (attached in Exhibit A): July 25, 2006 g. Applicant's Statement/Justification: As discussed with planning staff, this property is being submitted without a comprehensive map amendment because with the approval of the allowed step up in zoning from low density to medium density zoning the property will remain in conformance with the identified comprehensive plan density. In addition, the 22 proposed lots will be considerably larger than the lots in adjacent developments. 5. PROCESS FACTS a. The subject application will, in fact, constitute an annexation and/or rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the City Council on this matter. b. The subject application will, in fact, constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: August 14th, 2006, and August 28th, 2006 (Planning Commission); October 16th. 2006 and October 30th 2006 (City Council d. Radius notices mailed to properties within 300 feet on: August 4~', 2006 (Plannin~ Commission); October 13 , 2006 (City Council e. Applicant posted notice on site by: August 21St, 2006 (Planning Commission); October 30~'. 2006 (City Council) 6. LAND USE a. Existing Land Use(s): Rural Single Family Residential b. Description of Character of Surrounding Area: A mix of single family residential uses and county land. This area is rapidly transitioning from rural to urban. c. Adjacent Land Use and Zoning: 1. North: Rural Residential, zoned RUT (Ada County). 2. East: Future School site with in Settlement Bridge Subdivision, zoned R-4. 3. South: Havasu Creek Subdivision, zoned R-4 4. West: Rural Residential, zoned RUT (Ada County). d. History of Previous Actions: N/A e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: There is a sewer main stubbed to this property from Havasu Subdivision to the south. Location of water: There is a water main stubbed to this property from Havasu Subdivision to the south. Issues or concerns: None. 2. Vegetation: N/A Harpe Subdivision AZ-06-041, PP-06-042 PAGE 3 CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAL DATE OF NOVEMEBR 8, 2006 3. Floodplain: N/A 4. Canals/Ditches/Irrigation: The Lemp canal runs under the intersection of McMillan and Locust Grove roads adjacent to this site. 5. Hazards: N/A 6. Proposed Zoning: R-8 7. Size of Property: 8.95 acres f. Subdivision Plat Information: 1. Residential Lots: 22 2. Non-residential Lots: 0 3. Total Building Lots: 22 4. Common Lots: 3 5. Other Lots: 0 6. Total Lots: 25 7. Open Lots: 0 8. Residential Area: 8.95 acres 9. Gross Density: 2.45 units per acre 10. Lot Sizes: Lot sizes range from approximately 7,532 square feet to 8,945 square feet with one large lot of 89,833 square feet. g. Landscaping: 1. Width of street buffer(s): 25 feet along Locust Grove and McMillan Roads. 2. Width of buffer(s) between land uses: N/A. 3. Percentage of site as open space: 0.85 acres (9.9%) 4. Other landscaping standards: Landscaping adjacent to micro-paths should comply with UDC 11-3B-12. h. Proposed and Required Non-Residential Setbacks: As per the R-8 zone for single family dwellings. i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The sole access to the development will be from an existing stub street, N. Bright Angel Ave, provided from Havasu Creek Subdivision. Havasu Creek currently has approved direct access from Locust Grove Road. A stub street and driveway will be provided to the large lot that contains the existing home. This lot will abandon its access to McMillan Road. Another stub street is provided to the property to the west that includes an emergency vehicle turnaround. In general staff is supportive of this roadway design. 7. COMMENTS MEETING On August 11, 2006, Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS Harpe Subdivision AZ-06-041, PP-06-042 PAGE 4 CITY OF MERIDIAN PLANNI~PARTMENT STAFF REPORT FOR THE HEA~G DATE OF NOVEMEBR 8, 2006 This property is designated "Low Density Residential" on the Comprehensive Plan Future Land Use Map. Low density residential areas are anticipated to contain single family residences at densities up to three dwelling units per acre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 22 residential building lots on 8.95 acres for a gross density of 2.45 dwelling units/acre. Although this proposed density is consistent with the "Low Density Residential" designation it is important to note that the applicant is requesting an R-8 zone which is designed to accommodate medium density developments. This zoning would allow the large lot that contains the existing home to re- subdivide and develop lots in the future that are only required to meet the R-8 standards. If in the future this large lot is subdivided and developed with similar lots as proposed in the current subdivision the gross density for the entire area could reach up to 3.7 units per acre. Even if the scenario above played out the potential gross density is still in general compliance with the Comprehensive Plan because of the "step up" provision. This provision described on the Comprehensive Plan Future Land Use Map allows for the city to consider other residential densities than those shown on the future land use map as long as the proposed density is with in one "step" (low to medium) of the density shown on the map. Due to this flexibility staff finds that the proposed development is in general compliance with the Comprehensive Plan. The following Comprehensive Plan policies apply to this application: • Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner • Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed, the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACFID). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter VI, Goal II, Objective A, Action 3 -Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land-use decisions. Ha~pe Subdivision AZ-06-041, PP-06-042 PAGE 5 CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HE.~ DATE OF NOVEMEBR 8, 2006 This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Staff believes that the subject applications comply with the policies listed in the literature noted above. • Chapter VI, Goal II, Objective A, Action 5 -Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. Staff is supportive of the proposed pedestrian connection to McMillan Road and Locust Grove Road via the proposed micropaths, as well as the extension! of the stub street provided from the south which will provide for pedestrian connectivity with the Havasu Creak Subdivision. • Chapter VII, Goal IV, Objective C, Action 1 -Protect: existing residential properties from incompatible land use development on adjacent pazcels. The applicant is proposing a residential zone. Staff finds that the surrounding developments are compatible with the proposal. Chapter VII, Goal IV, Objective C, Action 10 - Support a variety of residential categories (low-, medium-, and high-density single family, n;ulti-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. The subject application includes a request for the R-8 zoning designation. The subject property is located adjacent to lands zoned R-4. Staff finds that the requested zoning designation is generally consistent with the Comprehensive Plan designation for this site considering that the applicant is requesting a step up in density. • Chapter VI, Goal II, Objective A, Action 6 -Require street connections between subdivisions at regulaz intervals to enhance connectivity and better traffic flow. Two stub streets will provide cross-access with the propertie:~ to the west when they develop. 9. UNIFIED DEVELOPMENT CODE a. Zoning Schedule of Use Control: UDC 11-2A-2 list:; single-family developments as a Permitted Use in the R-8 zone. b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts aze distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation Harpe Subdivision AZ-06-041, PP-06-042 PAGE 6 CITY OF MERIDIAN PLANNING~PARTMENT STAFF REPORT FOR THE HEAR~DATE OF NOVEMEBR 8, 2006 ANNEXATION AND ZONING ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan, staff believes that the requested R-8 zone is appropriate for this property. Please see Exhibit D for detailed analysis of the required facts and findings for annexation. The annexation legal description submitted with the application (prepared on June 15, 2006, by Dennis Lewis, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Special Considerations: Development Agreement: UDC 11-SB-3.D.2 and Idaho Code & 65-6711A provides the City the authority to require a ~ro~eriy owner to enter into a Development Agreement (DA) with the Citv that ma~equire some written commitment for all future uses Staff believes that a DA is necessary to ensure that this rho e~rty is developed in a fashion that is consistent with the comprehensive plan designation and does not ne ag tively~act nearby properties. Prior to the annexation ordinance approval a Development AgreementSDA) shall be entered into between the City of Meridian, property owner at the time of annexation ordinance adoption) and the developer The applicant shall contact the City Attorney. Bill Nary at 888-4433 to initiate this process The DA shall incorporate the following_ • That all future uses shall not involve uses activities processes materials equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic noise smoke fumes glare or odors • That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of develo ment. • That the applicant will be responsible for all costs associated with the sewer and water service extension. • That any existing domestic wells and/or s tic systems within this proiect will have to be removed from their domestic service per City Ordinance Section 5-7-517, when services are available from the Cit ~ of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. • _That the following shall be the only allowed uses on this property single-family detached homes and allowed accessory uses of the R-8 zone. ~m • That Lot 13. Block 1 h a Hexed and zoned ac R-4 Prinr to 'Hance approval the app icant ha 1 provide new le a escriptions and .o ing man for is property ha depic the ounc 1-approved .o inu for i properw- Sam 1 srAl dPerrinfinn .shall be submitted to the Plannin nPTArtmpnt fnr rPV~PQJ and - --- - - - - • That prior to issuance of any building permit the subject pro~crty be subdivided in accordance with the City of Meridian Unified Development Code. Harpe Subdivision AZ-06-041, PP-06-042 PAGE 7 CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HE. DATE OF NOVEMEBR 8, 2006 PRELIMINARY PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposal with the Unified Development Code, staff believes that this is a good location for the proposed single-family residential development. Please see Exhibit D for detailed analysis of facts and findings for a preliminary plat. Lot Size: Ten of the proposed lots in this subdivision exceed 8,000 square feet. The remaining 12 lots all exceed 7,500 square feet. These lot sizes are comparable to the neighboring subdivisions which have lots that range from 7,500 to 9,500 square feet. Landsca~g: The landscape plan prepared by The Land Group, on 7-25-06, is approved with the following modifications/notes: • Per UDC 11-3G-3B5 parkways that are used as common open space shall be a minimum of eight feet wide from street curb to edge of sidewalk and contain one class two tree for every 35 linear feet of parkway. • The proposed micro pathways that connect N. Bright Angel Avenue to McMillan Road and Locust Grove Road shall be constructed in accordance with UDC 11-3A-8. All landscaping adjacent to the pathway shall meet the requirements outlined in 11-3B-12 including the requirement for one deciduous tree per 351inear feet of pathway. • Per UDC 11-3G-3A, set aside at least 9.9% (0.85 acres) of the site for useable open space, as proposed. • Per UDC 11-3B-10, the applicant should work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). Common Areas /Open Space: The applicant has provided 0.85 acres (9.9%) of landscaped open space, meeting the 5% minimum required by UDC 11-3G-3A-1. The majority of the open space is passive in nature and provided in the form of landscaped parkways. The applicant is also proposing some open space/common area along two micro pathways. Maintenance of all common areas shall be the responsibility of the Harpe Subdivision Homeowners Association. Pressure Irri ation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. ][f a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Harpe Subdivision AZ-06-041, PP-06-042 PAGE 8 CITY OF MERIDIAN PLANNIN~ARTMENT STAFF REPORT FOR THE HEDATE OF NOVEMEBR 8, 2006 Stub Streets: The applicant should be required to provide public stub streets to Lot 13 Block 1 of the proposed subdivision and to the Wood property to the west (Parcel #81608650150) as proposed. Existing Residences/Buildings: The site currently contains multiple buildings. The existing buildings span across proposed lot lines and do not meet setback requirements of the requested zoning. Therefore, all existing buildings shall be removed/re-located in accordance with the building setbacks of the R-8 zone, prior to signature of the final plat by the City Engineer. Emergency Vehicle Turnaround: The current design of the cul-de-sac at the north end of N. Bright Angel Avenue does not meet Fire Department standards for an emergency vehicle turnaround. The applicant should work with the Fire Department to ensure that the cul-de-sac or possible alternative meets Fire Department standards. Fencine: No perimeter fencing is shown on the preliminary plat or landscape plan. The applicant should submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All perimeter fencing must be completed prior to issuance of building permits. Fencing should taper down to a 3 foot maximum within 20 feet of all rights-of--way. Fencing adjacent to all micro pathways is also required, and is shown on the landscape plan. All fencing shall be installed in accordance with UDC 11-3A-7. Ditches, Laterals, and Canals: As per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided shall be covered. b. Staff Recommendation: Based on the above analysis, staff finds that applications AZ-06-041 and PP-06-042 substantially conform to the Comprehensive Plan policies and UDC standards. Staff recommends approval of said AZ and PP applications subject t~o the conditions listed in Exhibit B. The Meridian Plannine and Zoning Commission heard these items on August 31 2006 and October 5, 2006. At the public hearing the Commission moved to recommend a royal 11. EDITS A. Drawings 1. Preliminary Plat (Dated: August 23, 2006) 2. Landscape Plan (Dated: July 25, 2006) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company Harpe Subdivision AZ-06-041, PP-06-042 PAGE 9 CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HE.~G DATE OF NOVEMEBR 8, 2006 7. Ada County Highway District 8. Central District Health Department C. Legal Description (not anprovedl D. Required Findings from Zoning Ordinance Harpe Subdivision AZ-06-041, PP-06-042 PAGE 10 CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HE.~ DATE OF NOVEMEBR 8, 2006 A. Drawings 1. Preliminary Plat (Dated: August 23, 2006) t oUePl 'ueIPNeW ®~~ t~~i I~ld tieulwya~d ~~ ~~ j°~)~~~ ar+ ; ~ ~g a e f!' NOISIAIa9f1S 3d~fH ~ ~r'} ~ e ai!~ i3iii ~ i ~ e A ;~ p ~y z ~ QQ e~ ~, ~aFa~6 Q t, ercr i' E 5~~ 0~~~9 = e ~ ~i~~~~8~a~~~ ~ ~1 $ ~~ ~~~i~~i~~~~l~ ~~6tad ~ N .:;~, ~~ ~ ~a a ~.~,~.: a - ~- _ - .- ..-o - - --- w`o ~ 'L ~ .~'~ ~d r Zr-~~z '~,l~l° '~~~ `° u"'~O°°~Oeac-~'O~e~~9e~ap~~~0 r (n px~a u ~ ~gl i. 'la a ~~~i~~ ° ~ q~~ p:l ' ~ ~ -- g¢Omgga~~ ~ ~ ~. -~.. _.__ -- - - 3O alx~¢~ ~ ~ _ c~ i!~ O~ ~ ~° $ = i u~ p v~~ ~ .. ....../ --~-- ~ --~-j- ~~~~ F. ~ ~ el ~ i~ ~ " ~ t .__ a ~- - ,' ` -- - 4 a= -ad4L.-- 0 I~ ~ ~ ` ;f _y! ~ 6 l ~ a ~~ t 5 II~~~iBa~ola,~~~r ~~~IIP9 gNl+~'o R6e~~er~t1,0~~~°~~ ~ e ~ Itl a c9 ~ ~ 1~ ~ a ~ o ~B i 'I ~ ~ i„ n ~E 9 9I°~ ! ~ ~ 9 ~6 ~ ~ - iii ~ ; ;el ;el i; ~ °~R `; ~ +~ I I' ~~ ~~ ~ ~~'~ ~~ ~~BY ~~ tli ~ ~s ~ ~;a s1.li~ s ~I f I I. Exhibit A CITY OF MERIDIAN PLANNING~ARTMENT STAFF REPORT FOR THE HE~~DATE OF NOVEMEBR 8, 2006 2. Landscape Plan (Dated: July Z5, 2006) ~: a~l' i ~ I ~u~~ 'ueippey~ 111 ~ ! o ®; ~~~~~ ue~dede~spuel3eldtiewwlla~d ~~} ~~~~~ dej~~~ H!4d€ I ~.. ~ :9 fi` NOISIAIa8f1S Sd2I1~H ~ @ f~?'}~ ~ gHfl~~ ~fd~~i ~ f ~~ ,+ t ~~e .X..: tl e^ ~ f ~ ~ ~ ~~ ~ ~ YE ( 3,i ~ 8 ° I ~ ~I tl 3 ~ p6 ~ B~ _" ~ ~ F 5 `r~ •~ tE '~ ~ i Y~ W A~ a• H Z } ~ P 0 [ ° tlq~ °t` ~~~ ~wQZF '.i e _ :l ~Ijy ~J ~ 1, - ~ t~l,~~ ~ 1 w \J z~ Q F~€~ ~~ g SEE I B i Fqp i_ pgp ~ ~ 3' Yep .~ ~ 9 die ~~; ~ . a ~ ~ e~ "~~ ~I~ ~I ~4~ ,~ ¢i g.. I:. ~.. ~:. ~. I• aR a gI I~ A ~I~t~l4 ~: [a ~ ~I ~~~ ~~ ~ ~~ r F 7G! C 1 er~4 n a m H ~ ~ ;~ 6~o g ~€ ~ Z ~~~ H f~1` ap ~ a afl f I}iv ;u !~~ CgB-p cr1 a'~@ 4 ~&$1r~~i`sa~ N ~...::: Oj W Exhibit A CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HE~DATE OF NOVEMEBR S, 2006 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 ANNEXATION COMMENTS 1.1.1 The annexation legal description submitted with the application (prepared on June 15, 2006, by Dennis Lewis, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Any future subdivision, uses, and construction on this property shall comply with the City of Meridian ordinances in effect at the time of submittal. 1.1.2 Prior to the annexation ordinance approval a Development Agreement (DA) shall be entered into between the Citv of Meridian property owner (at the time of annexation ordinance adoptionL the developer. The applicant shall contact the Ci Attorney Bill Narv at 888-4433 to initiate this rocess 1.2 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT 1.2.1 The preliminary plat labeled as Sheet 1, prepared by The Land Group, dated August 23, 2006, is approved, with the conditions listed herein. All comments and provisions of the accompanying Annexation and Zoning application (AZ-06-041) and any future development agreement shall also be considered conditions of the Preliminary Plat (PP-06-042). 1.2.2 The landscape plan prepared by The Land Group, Inc., on July 25, 2006, and labeled Sheet L1.0 is approved with the following modifications/notes: • Per UDC 11-3G-3B5 parkways that are used as common open space shall be a minimum of eight feet wide from street curb to edge of sidewalk and contain one class two tree for every 35 linear feet of parkway. • The proposed micro pathways that connect N. Bright Angel Avenue to McMillan Road and Locust Grove Road shall be constructed in accordance with UDC 11-3A-8. All landscaping adjacent to the pathways shall meet the requirements outlined in 11-3B-12 including the requirement for one deciduous tree per 351inear feet of pathway. • Per UDC 11-3G-3A, set aside at least 9.9% (0..85 acres) of the site for useable open space, as proposed. • Per UDC 11-3B-10, the applicant shall work with the City Arborist, Ekoy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • Provide a copy of the updated landscape plan showing the changes made to the preliminary plat with the final plat application. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. The landscape plan is not to be altered without approval of the Planning and Zoning Department. No field changes to the landscape plan are permitted. All standards of installation shall apply as listed in UDC 11-3B-14. Submit a landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). 1.2.3 Provide public stub streets to Lot 13 Block 1 of the proposed subdivision and to the Wood property to the west (Parcel #81608650150) as proposed. 1.2.4 All buildings that span across proposed lot lines, or do not conform to the dimensional standards (setbacks, height, etc.) of the UDC shall be removed, relocated or made to conform to city code, prior to signature of the final plat by the City Engineer. Exhibit B CITY OF MERIDIAN PLAEPARTMENT STAFF REPORT FOR THE HEA~ DATE OF NOVEMEBR 8, 2006 1.2.5 The current design of the cul-de-sac at the north end of N. Bright Angel Avenue does not meet Fire Department standards for an emergency vehicle turnaround. The applicant shall work with the Fire Department to ensure that the cul-de-sac or possible alternative meets Fire Department standards. 1.2.6 ACHD is requiring that an access easement be placed across all of Lot 2, Block 2 for the required temporary emergency vehicle turnaround. Prior to signature of the final plat the applicant shall work with staff to determine the most effective way to address this easement and ensure that Lot 2, Block 2 remains a non build lot until the stub street is extended. This lot shall be maintained weed free until the easement is removed and the lot is developed. 1.2.7 Maintenance of all common areas shall be the responsibility of the Harpe Subdivision Homeowners Association. 1.2.8 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to construction plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 1.3 GENERAL REQUIltEMENTS-PRELIMINARY PLAT 1.3.1 Sidewalks/walkways shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.3.2 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.3.3 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 1.3.4 A detailed landscape plan, in compliance with the landscape and subdivision ordinance, and as noted in this report, shall be submitted for the subdivision with the final plat application. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. 1.3.5 The applicant shall submit a fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences shall taper down to 3 feet maximum within 20 feet of all right-of--way. All fencing should be installed in accordance with UDC 11-3A-7. 1.3.6 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.3.7 Staffs failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. Exhibit B CITY OF MERIDIAN PLANNIN~ARTMENT STAFF REPORT FOR THE HE~DATE OF NOVEMEBR 8, 2006 1.3.8 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains installed in Havasu Creek Subdivision to the south. The applicant shall install mains to and through this development; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in Havasu Creek Subdivision to the south. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.4 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.5 The applicant has not indicated the pressure irrigation system in this proposed development is to be maintained as a private system, therefore plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. 2.6 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.7 All existing houses that are to remain on site shall be required to connect to City services. The applicant shall be responsible for the payment of assessments prior to signature on the final plat and the actual physical connection to the services prior to issuance of Certificates of occupancy. 2.8 Prior to signature on the final plat the applicant shall vacate the easements that were dedicated along the interior lot lines of the original Crestwood Subdivision. 2.9 All existing structures not meeting setbacks or meeting the dimensional standards of the UDC shall be removed prior to signature on the final plat by the City Engineer. 2.10 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.11 Additional width to the public utilities, drainage and irrigation easement along the right-of way shall be dedicated where the sidewalk is located past the right-of--way. The additional width needs to be sufficient to allow for 10 feet of easement past the sidewalk. 2.12 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells maybe used for non- domestic purposes such as landscape irrigation. Exhibit B CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEA~G DATE OF NOVEMEBR 8, 2006 2.13 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.14 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.15 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.16 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.17 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 2.18 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.19 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.20 Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. 2.21 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.22 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.23 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.24 One hundred watt, high-pressure sodium streetlights, on 25' pole shall be required on all public residential streets. Two-hundred and fifty watt high pressure sodium streetlights, on 30' pole shall be required on subdivision entrances and collector roadways. Design of the streetlights shall be approved by the Public Works Department. Decorative lights require a streetlight agreement on file with Public Works prior to activation. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants, and no further than 400' distance in between locations. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain approval from the Public Works Department, and permit from Building Department prior to commencing installations. 3. FIRE DEPARTMENT 3.1 One and two family dwellings will require afire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. Inten7ational Fire Code Appendix C. Exhibit B CITY OF MERIDIAN PLANNIN~ARTMENT STAFF REPORT FOR THE IIE.~DATE OF NOVEMEBR 8, 2006 3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above fuush grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.4 The phasing plan may require that any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. (The proposed cul-de- sac at the north end of N. Bright Angel Avenue does not meet the turnaround requirements.) 3.5 All entrance and internal roads, alleys, and cul-de-sacs shall have a turning radius of 28' inside and 48' outside radius. 3.6 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 3.7 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.8 The proposed 22-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 64 residents at build out. 3.9 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.10 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. POLICE DEPARTMENT 4.1 All interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 4.2 The micro paths shall be adequately lit to afford greater visibility of the site as policed from the public street. 4.3 The shrubbery along the micro-pathways shall not exceed two feet in height at maturity. 4.4 The southern terminus of the proposed micro-pathway connecting to McMillan road shall tie Exhibit B CITY OF MERIDIAN PLANNI~PARTMENT STAFF REPORT FOR THE IIE. DATE OF NOVEMEBR 8, 2006 directly into the sidewalk along North Bright Angel Avenue. 5. PARK5 DEPARTMENT 5.1 Standard for Mitigation of Trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 6. SANITARY SERVICE COMPANY 6.1 SSC has no comments related to this application. 7. ADA COUNTY HIGHWAY DISTRICT (DRAFT COMMENTS RECEIVED ON 8/21/06) 7.1. SITE SPECIFIC REQUIREMENTS 7.1.1 Construct the internal streets as 33-foot street sections with rolled curb, gutter, and 8-foot planter strips within 50-feet ofright-of--way; and 5-foot detached concrete sidewalks within an easement; and obtain fire department approval for the reduced street sections. 7.1.2 Construct the stub street to the west approximately 160-feet north of the south property line as the internal street section. This street should be signed as follows: "THIS STREET WILL BE EXTENDED IN THE FUTURE." 7.1.3 Construct the second proposed stub street to Lot 13 of Block 1, located 165-feet south of the north property line as the internal street section, with a fully improved turnaround at the terminus (utilizing a minimum turning radius of 45-feet). Where the right-of--way ends at the property line, the applicant should install signage stating: "THIS STREET WII,L BE EXTENDED IN THE Fi.JT'URE." 7.1.4 Obtain fire department approval for the use of the temporary emergency turnaround on Lot 2 of Block 2, and provide the easement across the entire lot prior to signing the final plat. 7.1.5 Construct a 5-foot concrete sidewalk located no closer than 2-feet off of the right-of--way line (back of walk to ROW) for McMillan Road. If the sidewalk is located outside of the right-of--way, the applicant should provide a sidewalk easement. Any existing driveway access to McMillan Road should be closed to match improvements; thereby restricting all of the site's access to the internal streets. 7.1.6 Dedicate 45-feet of right-of--way from the centerline of McMillan Road from the west property line to 335-feet east of the west property line by means of a warranty deed. The frontage on McMillan Road from 335-feet east of the west property line to 435-feet east of the west property line should taper to 59-feet from centerline; continued to the intersection with Locust Grove. Note: The original proposed right-of--way for McMillan Road is accurate with the exception of the location of the taper. The taper length is accurate, however it should begin 100-feet from the intersection rather than the proposed 80-feet. This will shift the starting point and ending point of the taper 20-feet to the west, as noted in the diagram below. 7.1.7 Construct a 5-foot concrete sidewalk located no closer than 2-feet off of the right-of--way line (back of walk to ROW) for Locust Grove Road. If the sidewalk is located outside of the right-of- way, the applicant should provide a sidewalk easement. Any existing driveway access to Locust Grove Road should be closed to match improvements; thereby restricting all of the site's access to the internal streets. 7.1.8 Dedicate 35-feet ofright-of--way from the centerline of Locust Grove Road abutting the parcel by means of a warranty deed, and dedicate the northeast property corner (chamfer the radius) to facilitate the construction of improvements for the planned signalized intersection (see attached Exhibit B CITY OF MERIDIAN PLASJNIN~EPARTMENT STAFF REPORT FOR THE HEA~ DATE OF NOVEMEBR 8, 2006 diagram). The exact design of the corner should be determined by the District Development Review. 7.1.9 No direct lot access maybe taken from either Locust Grove Road or McMillan Road. 7.1.10 Comply with all Standard Conditions of Approval. 7.2 GENERAL REQUIItEMENTS 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of--way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 Comply with the District's Tree Planter Width Interim Policy. 7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees is required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACRD right-of--way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect Exhibit B CITY OF MERIDIAN PLANNIN~ARTMENT STAFF REPORT FOR THE HEAR~DATE OF NOVEMEBR 8, 2006 at the time the change in use is sought. 8. SETTLERS' IRRIGATION DISTRICT 8.1 All irrigation /drainage facilities along with their easements must be protected and continue to function. The facility is the Parkins Nourse Lateral. Contact SID for additional irrigation requirements. 8.2 A Land Use Change Application must be on file prior to any approvals. 8.3 A license agreement MUST be signed and recorded prior to construction of any S.I.D. facilities. 8.4 Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. 8.5 All storm drainage must be retained on-site. 8.6 A pressure irrigation system must be provided to service all lots with irrigation water. Exhibit B CITY OF MERIDIAN PL? DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF JULY 20, 2006 C. Legal Description (not annrovedl ~~ ~~-0 a __ rtn>,.a.17 ceout~. rec. BYEV{ APPRO}IAL~lL -' •l June 14, 2006 _- I'mject No. 06018 Annexation Legal Description Larry C. Harpe MERIDIAN PUBLIC 8.95 Acres WORKS DEPT. ANNEXATION LEGAL t1 tract of land situated in the Northeast One Quarter of the Northeast One Quarter of Section 31 , Township 4 North, Range 1 East, Boisc Meridian, City of Meridian, Ada County Idaho described as follows: , , Commencing at a found brass cap monumenting the Northeast Corner of said Section 31 being the POIN"I' OF DEGINNING. 't'hence fallowing the easterly line of section 31 South 00°33'04" West a distance of 660.00 feet ro point 'Thence North 89°46'38" West a distance of 250.00 feet to a found '/z inch steel pin; Thence North 89°58'24" West a distance of 340.37 feet to a point; Thence North 00°33'04" East a distance of bG1.18 feet to a point on the northerly line of said Section 31; Thence following the northerly line of section 31 South 89°4G'3~' East a distance of 590.36 fect to the POINT OF BEGINNING. The above-described legal contains 8.95 acres, more or less, subject to all existing casements and rights-of--way. // „ Prepared iiy: ~j~~~~~;t/+fi~ A~ , THE LAND GROUP, INC. ~g ~Gl$p$~8 462 E. Shore Drive, Suite 100 Ca l Id h 836 4 ~ 0 4 g e, a o 16 ~ 11575 , 208-939-4041 ,s~ q 208-939-4445 {F,4X) ~~ ~p~ ~,. B OF Exhibit C CITY OF MERIDIAN PLADEPARTMENT STAFF REPORT FOR THE HE~G DATE OF JULY 20, 2006 SRUATED iN THE RI®RTHEAST 1/4 OF THE NORTI~AST i/4 OF SECTION 31 TOWNSHIP ~ NORTH, RANGE 1 EAST, B.A~I„ Ci"f Y OF MERIDIAN, ADA COUNTY, ~AHO r~ ~ Mor~Ia>.aN pow ~ ~ o S69'46'35'E 59035' s REV APPR d ~ BY v_ `" wo~KS aeQ~Ic LEGEND ~a cn~cuuhD Po1NT • FOUND t/2' S7EE{. P(N ~ FOUND BRASS CAP SEC110N iBVE/SiREET CENTERLINE ~~~ANNEIW'DON BOUNDARY 31 Ito-j5-+~~a ~_ tNQO~ERJSURVCYOR PROJECT INFORMATION SCALE:1'=100' .~ r,-~= TPIIi i..nNi) GROUP, rrvc. EXHIBIT°Hp °61Af0~ +, `' ~~ ~~~ ~~A{~~ PROJECTYN0.05021 :~~°~~°~ • ro ANNEXATION PROPERTY ~~ ~~ ~~;;~~»;,~„u , HARPS SUB[SiVISION 1 Exhibit C CITY OF MERIDIAN PLA DEPARTMENT STAFF REPORT FOR THE HEG DATE OF JULY 20, 2006 D. Required Findings from Zoning Ordinance 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to R-8. Council finds that ~ portion of this site should be zone R-4 not R-8 Council finds that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of this Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council fords that single-family residential uses are allowed within the requested zoning district of R-S as a Principally Permitted Use. The accompanying plat demonstrates the land will be developed with varying lot sizes and other dimensional requirements which conform to the proposed zoning designation. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council fords that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Council fords that the proposed zoning amendment will not result in any adverse impact upon delivery of services by any political subdivision providing services to this site, as conditioned in the staff report. 5. The annexation is in the best of interest of the City (LTDC 11-SB-3.E). Council fords that all essential services will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan; and this is a logical expansion of the City limits. In accordance with the findings listed above, Council fords that Annexation and Zoning of this rn operty to R-8 and R-4 would be in the best interest of the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; Council finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan. Council supports the proposed density and proposed plat layout, Exhibit D CITY OF MERIDIAN PLDEPARTMENT STAFF REPORT FOR THE HE~G DATE OF NLY 20, 2006 with recommended changes, as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services can be made available to accommodate the proposed development. (See Finding Items 3 and 4 above under Annexation Findings for more details.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their own cost, staff fmds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., Police, Fire, ACRD, etc.) to determine this finding. (See Exhibit B, Agency Comments and Conditions, for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and Council is not aware of any health, safety, or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACRD considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. 6. The development preserves significant natural, scenic or historic features. Council is unaware of any natural, scenic, or historic features on this site. Therefore, staff fmds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of maj or importance of which staff is unaware. Exhibit D • • November 17, 2006 PP 06-042 MERIDIAN CITY COUNCIL MEETING November 21, 2006 APPLICANT Larry C. Harpe ITEM NO. 5-B REQUEST Findings for Approval -Request for Preliminary Plat approval of 24 residential lots and 3 common lots on 8.95 acres in a proposed R-8 zone for Hafpe Subdivision - 4715 North Locust Grove Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See aftached Flndings 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: Da#e: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. C~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER • r~~c~zv~r N0~! q ~ 2Q016 fit;:, ai~~~p°ic3lan CI'GY ~l7IF ~t~rlr' r;'i'It~1G~l? ~ `v ILI:\71C.~ W 5b ,,,~:~ In the Matter of Annexation and Zoning of 8.95 acres from RUT to R-8 and R-4 AND Preliminary Plat approval for 22 residential building lots and 3 common lots for Harpe Subdivision, by Larry C. Harpe. Case No(s). AZ-06-041 and PP-06-042 For the City Council Hearing Date of: November 8, 2006 (Findings on the November 21, 2006 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of November 8, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of November 8, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of November 8, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of November 8, 2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-041 and PP-06-042 • . 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of November 8, 2006 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated August 23, 2006 is hereby conditionally approved; 2. The following modifications to site specific conditions were made at the City Council hearing: a. That Lot 13, Block 1 be annezed and zoned as R-4 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of November 8, 2006 incorporated by reference. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, maybe considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B- CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-041 and PP-06-042 • • 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council maybe granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of November 8, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-041 and PP-06-042 By action of the City Council at its regular meeting held on the ~~ day of ~~ , 2006. COUNCIL MEMBER SHAUN WARDLE VOTED_~~~~~ COUNCIL MEMBER JOE BORTON VOTED__6~~~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED_~~~C~ COUNCIL MEMBER KEITH BIRD VOTED_~~~~' TIE BREAKER MAYOR TAMMY de WEERD VOTED ~~ MA~;4 ~ °de WEERD m ,® ~ ®„ ATTEST: :~`eC~ ~~. ~'; .~ ~~~, WILLIAM G. BERG, JR., C C ER,K-y~ p 4~.~ , ~ `` °~ ~ ~~' w~ Copy served upon: / Applicant -~ Planning Department -~ Public Works Department / City Attorney BY~ Dated: ~ ~-aa -C71~ City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-041 and PP-06-042 CITY OF MERIDIAN PLEPARTMENT STAFF REPORT FOR THE HEt~G DATE OF NOVEMEBR S, 2006 STAFF REPORT Hearing Date: 11/8/2006 TO: Mayor and City Council FROM: Justin Lucas Associate City Planner Meridian Planning Department 884-5533 SUBJECT: Harpe Subdivision • AZ-06-041 r ~ ~' _~ ~ ~;~. ~ ~~' aq~~~' r "a~ ~/JJ/~e'1'b'Na7F ~~'~~i:~~i r, 4,N~, wars, ~. ~.~~N 1 Annexation and Zoning of 8.95 acres from RUT (Ada County) to R-8 (Medium Density Residential) zone • PP-06-042 Preliminary Plat of 22 single-family building lots and 3 common lots on 8.95 acres in a proposed R-8 zone 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Larry C. Harpe, has applied for Annexation and Zoning (AZ) of 8.95 acres from RUT (Ada County) to R-8 (Medium Density Residential) and Preliminary Plat approval of 22 single family residential lots and 3 common lots for Harpe Subdivision. The site is located on the south west corner of the intersection of Locust Grove and McMillan Roads in Section 31, Township 4 North, Range 1 East, and is currently referenced as Assessor's Parcel Numbers 50531110151 and 81608650180. Z. SUMMARY RECOMMENDATION The subject applications (AZ-06-041 and PP-06-042) were submitted to the Planning Department for concurrent review. Staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation and Zoning and Preliminary Plat applications. The Meridian Planning and Zoning hearing they moved to recommend ap ru oval a. Summary of Commission Public Hearin i. In favor: Van Ele ii. In opposition: None iii. _Commentin :None iv. Written testimony: Oliver Palmer v. Staff presenting application: Justin Lucas vi. Other staff commenting on application• Caleb Hood Bruce Freckleton b. Kev Issues of Discussion by Commission: i. -Overall density of the subdivision• ii. -Future density of Lot 13 Block 1 (large lot the will retain an existin home) c. Kev Commission Changes to Staff Recommendation• i. -Development Asreement limiting Lot 13 Block 1 to R-4 density for any future subdivision d. OutstandinE Issne(s) for City Council: i. -None Harpe Subdivision AZ-06-041, PP-06-042 PAGE 1 CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAF~ DATE OF NOVEMEBR 8, 2006 .~. umm arv of Citv .o nc'1 Rib is He a 'n¢• ii. In favor: Van Ela iii. In opp osition• None iv. Comm entin~• None v. Writte n testim~nv None vi. S ff p resenting application• A nna Borchers Carmine vii. Other staff commentine on ap plication• None ~ ev Is sues of Di cu cion by Ounci i. -Overall density of a subdivision: ii. -Future density of L t 13. Block 1 (large lot that will retain an ey;ct;na hQm~e ~ ev C o nc'1 hap e o Ommiccin n R .rnmmnndol~in... i. -Development Agree ment reauiri~~ that T.nt 1 ~ Rlnrk 1 hP annPSrr ri and zoned as -4 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ- 06-041 and PP-06-042 as presented in the staff report for the hearing date of November 8, 2006, with the following modifications to the conditions of approval: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny to the File Numbers AZ-06-041 and PP-06-042 as presented during the hearing on November 8, 2006, for the following reasons: (State specific reasons for denial of the annexation and/or preliminary plat request.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers AZ-06-041 and PP-06-042 to the hearing date of (insert continued hearing date here) for the following reason(s): (State specific reason(s) for a continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 4715 N. Locust Grove Road Section 31, T4N, R1E b. Applicant /Owner: Larry C. Harpe 1092 W. Shearwater Eagle, ID 83616 c. Representative: Van Elg, The Land Group, Inc. d. Present Zoning: RUT (Ada County) e. Present Comprehensive Plan Designation: Low Density Residential f. Description of Applicant's Request: Harpe Subdivision AZ-06-041, PP-06-042 PAGE 2 CITY OF MERIDIAN PLASINII~EPARTMENT STAFF REPORT FOR THE HEA~i DATE OF NOVEMEBR 8, 2006 1. Date of Preliminary Plat (attached in Exhibit A): August 23, 2006 2. Date of Landscape Plan (attached in Exhibit A): July 25, 2006 g. Applicant's Statement/Justification: As discussed with planning staff, this property is being submitted without a comprehensive map amendment because with the approval of the allowed step up in zoning from low density to medium density zoning the property will remain in conformance with the identified comprehensive plan density. In addition, the 22 proposed lots will be considerably larger than the lots in adjacent developments. 5. PROCESS FACTS a. The subject application will, in fact, constitute an annexation and/or rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required. before the City Council on this matter. b. The subject application will, in fact, constitute a preliminary plat as determined. by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: August 14th, 2006, and August 28th, 2006 (Planning Commission); October 16~`. 2006 and October 30~' 2006 (City Council) d. Radius notices mailed to properties within 300 feet on: August 4`s, 2006 (Planning Commission); October 13~`. 2006 (City Council e. Applicant posted notice on site by: August 21~, 2006 (Planning Commission); October 30~', 2006 City Council) 6. LAND USE a. Existing Land Use(s): Rural Single Family Residential b. Description of Character of Surrounding Area: A mix of single family residential uses and county land. This area is rapidly transitioning from rural to urban. c. Adjacent Land Use and Zoning: 1. North: Rural Residential, zoned RUT (Ada County). 2. East: Future School site with in Settlement Bridge Subdivision, zoned R-4. 3. South: Havasu Creek Subdivision, zoned R-4 4. West: Rural Residential, zoned RUT (Ada County). d. History of Previous Actions: N/A e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: There is a sewer main stubbed to this property from Havasu Subdivision to the south. Location of water: There is a water main stubbed to this property from Havasu Subdivision to the south. Issues or concerns: None. 2. Vegetation: N/A Harpe Subdivision AZ-06-041, PP-06-042 PAGE 3 CITY OF MERIDIAN PLAIVNII~EPARTMENT STAFF REPORT FOR THE HEA~ DATE OF NOVEMEBR 8, 2006 3. Floodplain: N/A 4. Canals/Ditches/Irrigation: The Lemp canal runs under the intersection of McMillan and Locust Grove roads adjacent to this site. 5. Hazards: N/A 6. Proposed Zoning: R-8 7. Size of Property: 8.95 acres f. Subdivision Plat Information: 1. Residential Lots: 22 2. Non-residential Lots: 0 3. Total Building Lots: 22 4. Common Lots: 3 5. Other Lots: 0 6. Total Lots: 25 7. Open Lots: 0 8. Residential Area: 8.95 acres 9. Gross Density: 2.45 units per acre 10. Lot Sizes: Lot sizes range from approximately 7,532 square feet to 8,945 square feet with one large lot of 89,833 square feet. g. Landscaping: 1. Width of street buffer(s): 25 feet along Locust Grove and McMillan Roads. 2. Width of buffer(s) between land uses: N/A. 3. Percentage of site as open space: 0.85 acres (9.9%) 4. Other landscaping standards: Landscaping adjacent to micro-paths should comply with UDC 11-3B-12. h. Proposed and Required Non-Residential Setbacks: As per the R-8 zone for single family dwellings. i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The sole access to the development will be from an existing stub street, N. Bright Angel Ave, provided from Havasu Creek Subdivision. Havasu Creek currently has approved dirt access from Locust Grove Road. A stub street and driveway will be provided to the large lot that contains the existing home. This lot will abandon its access to McMillan Road. Another stub street is provided to the property to the west that includes an emergency vehicle turnaround. In general staff is supportive of this roadway design. 7. COMMENTS MEETING On August 11, 2006, Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS Harpe Subdivision AZ-06-041, PP-06-042 PAGE 4 CITY OF MERIDIAN PLEPARTMENT STAFF REPORT FOR THE HE~G DATE OF NOVEMEBR 8, 2006 This property is designated "Low Density Residential" on the Comprehensive Plan Future Land Use Map. Low density residential areas are anticipated to contain single family residences at densities up to three dwelling units per acre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 22 residential building lots on 8.95 acres for a gross density of 2.45 dwelling units/acre. Although this proposed density is consistent with the "Low Density Residential" designation it is important to note that the applicant is requesting an R-8 zone which is designed to accommodate medium density developments. This zoning would allow the large lot that contains the existing home to re- subdivide and develop lots in the future that are only required to meet the R-8 standards. If in the future this large lot is subdivided and developed with similar lots as proposed in the current subdivision the gross density for the entire area could reach up to 3.7 units per acre. Even if the scenario above played out the potential gross density is still in general compliance with the Comprehensive Plan because of the "step up" provision. This provision described on the Comprehensive Plan Future Land Use Map allows for the city to consider other residential densities than those shown on the future land use map as long as the proposed density is with in one "step" (low to medium) of the density shown on the map. Due to this flexibility staff finds that the proposed development is in general compliance with the Comprehensive Plan. The following Comprehensive Plan policies apply to this application: • Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: • Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fite District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed, the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACLID). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter VI, Goal II, Objective A, Action 3 -Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land-use decisions. Haxpe Subdivision AZ-06-041, PP-06-042 PAGE 5 CITY OF MERIDIAN PLA1~iNI~EPARTMENT STAFF REPORT FOR THE HE?~G DATE OF NOVEMEBR 8, 2006 This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Staff believes that the subject applications comply with the policies listed in the literature noted above. • Chapter VI, Goal II, Objective A, Action 5 -Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. Staff is supportive of the proposed pedestrian connection to McMillan Road and Locust Grove Road via the proposed micropaths, as well as the extension of the stub street provided from the south which will provide for pedestrian connectivity with the Havasu Creak Subdivision. • Chapter VII, Goal IV, Objective C, Action 1 -Protect existing residential properties from incompatible land use development on adjacent parcels. The applicant is proposing a residential zone. Staff finds that the surrounding developments are compatible with the proposal. Chapter VII, Goal IV, Objective C, Action 10 - Support a variety of residential categories (low-, medium-, and high-density single family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. The subject application includes a request for the R-8 zoning designation. The subject property is located adjacent to lands zoned R-4. Staff finds that the requested zoning designation is generally consistent with the Comprehensive Plan designation for this site considering that the applicant is requesting a step up in density. • Chapter VI, Goal II, Objective A, Action 6 -Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. Two stub streets will provide cross-access with the properties to the west when they develop. 9. UNIFIED DEVELOPMENT CODE a. Zoning Schedule of Use Control: UDC 11-2A-2 lists single-family developments as a Permitted Use in the R-8 zone. b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation Harpe Sut~ivision AZ-06-041, PP-06-042 PAGE 6 CITY OF MERIDIAN PLASaNI1~EPARTMENT STAFF REPORT FOR THE HEA~i DATE OF NOVEMEBR 8, 2006 ANNEXATION AND ZONING ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan, staff believes that the requested R-8 zone is appropriate for this property. Please see Exhibit D for detailed analysis of the required facts and findings for annexation. The annexation legal description submitted with the application (prepared on June 15, 2006, by Dennis Lewis, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Special Considerations: Development Agreement: UDC 11-SB-3 D 2 and Idaho Code & 65-6711A provides the City the authority to require a Qroperty owner to enter into a Development Agreement A with the City that may require some written commitment for all future uses Staff believes that a DA is necessary to ensure that this rD O~erty is developed in a fashion that is consistent with the comprehensive plan designation and does not ne ativel~ acct nearby properties. Prior to the annexation ordinance approval a Development A~reement~DA~ shall be entered into between the City of Meridian, proRerty owner (at the time of annexation ordinance adoption) and the developer The applicant shall contact the Citv Attorney. Bill Nary at 888-4433 to initiate this process The DA shall incorporate the following • That all future uses shall not involve uses activities processes materials equipment and conditions of operation that will be detrimental to any persons, properiv or the general welfare by reason of excessive production of traffic noise smoke fumes glare or odors • That all future develo ment of the subject ro shall be constructed in accordance with City of Meridian ordinances in effect at the time of development' • That the applicant will be responsible for all costs associated with the sewer and water service extension. • That any existing domestic wells and/or s tep is systems within this proiect will have to be removed from their domestic service ep r City Ordinance Section 5-7-517 when services aze available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. • _That the followine shall be the only allowed uses on this r~p o~erty single-family detached homes and allowed accessory uses of the R-8 zone. • Tl...~. 7 ..4 1 Z al.. 1 1 L. Il .1 1 al, ~ ~, ~ r w K • at Lot 13 Block 1 be anneYp~ and ned ac R-4 Prior o 'Hance approval the applicant ha 1 provide new le al escrintions and onin mans for is oronerty that d nic* the • That prior to issuance of any building permit the subject property be subdivided in accordance with the City of Meridian Unified Development Code. Harpe Subdivision AZ-06-041, PP-06-042 PAGE 7 CITY OF MERIDIAN PLASpARTMENT STAFF REPORT FOR THE HEA~ DATE OF NOVEMEBR 8, 2006 PRELIlVIINARY PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposal with the Unified Development Code, staff believes that this is a good location for the proposed single-family residential development. Please see Exhibit D for detailed analysis of facts and findings for a preliminary plat. Lot Size: Ten of the proposed lots in this subdivision exceed 8,000 square feet. The remaining 12 lots all exceed 7,500 squaze feet. These lot sizes are compazable to the neighboring subdivisions which have lots that range from 7,500 to 9,500 square feet. Landsca~g: The landscape plan prepared by The Land Group, on 7-25-06, is approved with the following modifications/notes: • Per UDC 11-3G-3B5 pazkways that aze used as common open space shall be a minimum of eight feet wide from street curb to edge of sidewalk and contain one class two tree for every 35 linear feet of parkway. • The proposed micro pathways that connect N. Bright Angel Avenue to McMillan Road and Locust Grove Road shall be constructed in accordance with UDC 11-3A-8. All landscaping adjacent to the pathway shall meet the requirements outlined in 11-3B-12 including the requirement for one deciduous tree per 351ineaz feet of pathway. • Per UDC 11-3G-3A, set aside at least 9.9% (0.85 acres) of the site for useable open space, as proposed. • Per UDC 11-3B-10, the applicant should work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • A written certificate of completion should be prepazed by the landscape azchitect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). Common Areas /Open Space• The applicant has provided 0.85 acres (9.9%) of landscaped open space, meeting the 5% minimum required by UDC 11-3G-3A-1. The majority of the open space is passive in nature and provided in the form of landscaped parkways. The applicant is also proposing some open space/common area along two micro pathways. Maintenance of all common azeas shall be the responsibility of the Harpe Subdivision Homeowners Association. Pressure Irri tion: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common azeas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Harpe Subdivision AZ-06-041, PP-06-042 PAGE 8 CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAL DATE OF NOVEMEBR S, 2006 Stub Streets: The applicant should be required to provide public stub streets to Lot 13 Block 1 of the proposed subdivision and to the Wood property to the west (Pazcel #81608650150) as proposed. Existing Residences/Buildin~s: The site currently contains multiple buildings. The existing buildings span across proposed lot lines and do not meet setback requirements of the requested zoning. Therefore, all existing buildings shall be removed/re-located in accordance with the building setbacks of the R-8 zone, prior to signature of the final plat by the City Engineer. Emergency Vehicle Tunnazound• The current design of the cul-de-sac at the north end of N. Bright Angel Avenue does not meet Fire Department standazds for an emergency vehicle turnaround. The applicant should work with the Fire Department to ensure that the cul-de-sac or possible alternative meets Fire Department standazds. Fencing: No perimeter fencing is shown on the preliminary plat or landscape plan. The applicant should submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All perimeter fencing must be completed prior to issuance of building permits. Fencing should taper down to a 3 foot maximum within 20 feet of all rights-of--way. Fencing adjacent to all micro pathways is also required, and is shown on the landscape plan. All fencing shall be installed in accordance with UDC 11-3A-7. Ditches. Laterals, and Canals: As per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the azea being subdivided shall be covered. b. Staff Recommendation: Based on the above analysis, staff finds that applications AZ-06-041 and PP-06-042 substantially conform to the Comprehensive Plan policies and UDC standards. Staff recommends approval of said AZ and PP applications subject to the conditions listed in Exhibit B. The Meridian Plannine and Zonins Commission heazd these items, on AuQUSt 31 2006 and October 5, 2006. At the public hearing the Commission moved to recommend approval 11. E7~IT5 A. Drawings 1. Preliminary Plat (Dated: August 23, 2006) 2. Landscape Plan (Dated: July 25, 2006) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company Harpe Subdivision AZ-06-04I, PP-06-042 PAGE 9 CITY OF MERIDIAN PLA1'pARTMEN7' STAFF REPORT FOR THE HEA~ DATE OF NOVEMEBR S, 2006 7. Ada County Highway District 8. Central District Health Department C. Legal Description (not annrovedl D. Required Findings from Zoning Ordinance Harpe Subdivision AZ-06-041, PP-06-042 PAGE 10 CITY OF MERIDIAN PLASpARTMENT STAFF REPORT FOR THE HEA~i DATE OF NOVEMEBR 8, 2006 A. Drawings 1. Preliminary Plat (Dated: August 23, 2006) ®~_ ~ ~~~ ~ o ep~'ue~pNayy leldtieulwge~d NOISIA10 1 g ~~ ~~ ~jl~~ ~ ; ~. , } $ g a .2 t S 3dZMH 8I !~ A t ~ ~ i~ t~, ~ ~ e M~ ~~ ~ ~ a s s ~~ p r i o o z e ~ np ~ ~ y ~ 9 ~ r Ss~il eg~~9 , e ~isgNpR@~~~~®! ~ ~ ~+ 11 6t8® ~ ~ o'I~i @~filiit ~~ ~E y ow i~z°O~ Oo~~'g (n OT~Q~ b >~~o$g~ o 0 Zv 0 .Z'~~ jQL~ om ~==o.Z ILN~LLWWO W d~o~m~e' a~~~~ Z a ~~~~ Z% O y 9 ~ 111a~y'j~~o.l0lfa 9l;IC~(fl~'~~~~ ~I~e~6 6 0 ~~~ ~ I~t y 1 ~ ~ 5 ~i I '1 ~, •i~,~~ ,~~I,81l~51~~ ~~'a.;~~~o~'~.fil~ 1 ~ ~ I , ------ - ~' a ~ 3noa~-ierom m °' "y 1=., ~ ,\~ Ili` ' & J , ~ 1 ~ ~ O !~ ~. A!s_ .p ~~i'"~ it ~ ~~ I - r ly it it ~" ^ F ~°~'~''ob ~ PSI ©~ ~~0~ . g + . . a 1 A ~~ o~ - - - • i~ ~ __~__ b _~ ~. N ~ ~ O i 'o:' --~-- --~-- ~ tn~ f ' ~..' __~__ __~ _~ ® t~ Q IP--"t' /~ /y' ~~~~~ ~ i~ ~I4@A5~ g~@ ~ I g+'~i' a It ~`B ~ I~ E, ~ • ~ s~ d~u~t~ ~~ ~~'I I~; Exhibit A CITY OF MERIDIAN PLASpARTMENT STAFF REPORT FOR THE HEA~ DATE OF NOVEMEBR 8, 2006 2. Landscape Plan (Dated: July 25, 2006) ~4F€ a _ ~ 1~~ M d ~ ~ ~ a ~'a ~~~ ~ ~~a~ j: ~ ~~ g~ Z~ :; ~€~ ~Q~Q 4 ~ ~a fca~@J_ i ~~ trq~ tl 2 a m ~! ~ l i$ ___ 6 7 ~ i r r i i ~ ~i g~ e ~ ?~ a s a e e ~ p 9 i! 1 f ~ ~ f 1 ! ! ~ J t ~ ~ ! ~ 0 O i '~ I ~~ a ~' ~ i~ ~ *8 ~° ~ ~ j8 r 918 r~ ~' }yt ~~~~~ ~r~ ~ ri~ w je~ "g~i~~ 1i7 ~al'' Q ~~ 7ppa~ u gp~ ;fd"r4r}a dd:~~~~~~13s~ w ~__,..: ~7 C a w i= W Exhibit A ~~ g~ .. ~ WePi'ueipNay! ~ Ri ®;i f~-; °t weld ede;-spue-I }eld IGeulwlla~d !~ NOIS1Al08(1S 3dabH ~~ I CITY OF MERIDIAN PLASINII~PARTMENT STAFF REPORT FOR THE HEA~i DATE OF NOVEMEBR 8, 2006 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 ANNEXATION COMMENTS 1.1.1 The annexation legal description submitted with the application (prepazed on June 15, 2006, by Dennis Lewis, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Any future subdivision, uses, and construction on this property shall comply with the City of Meridian ordinances in effect at the time of submittal. 1.1.2 Prior to the annexation ordinance approval a Development Agreement1DA) shall be entered into between the Citv of Meridian, rp operty owner (at the time of annexation ordinance ado tp ion) and the developer. The applicant shall contact the Ci Attorney Bill Nary at 888-4433 to initiate this rocess 1.2 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT 1.2.1 The preliminary plat labeled as Sheet 1, prepazed by The Land Group, dated August 23, 2006, is approved, with the conditions listed herein. All comments and provisions of the accompanying Annexation and Zoning application (AZ-06-041) and any future development agreement shall also be considered conditions of the Preliminary Plat (PP-06-042). 1.2.2 The landscape plan prepazed by The Land Group, Inc., on July 25, 2006, and labeled Sheet L1.0 is approved with the following modifications/notes: • Per UDC 11-3G-3B5 parkways that are used as common open space shall be a minimum of eight feet wide from street curb to edge of sidewalk and contain one class two tree for every 351ineaz feet of parkway. • The proposed micro pathways that connect N. Bright Angel Avenue to McMillan Road and Locust Grove Road shall be constructed in accordance with UDC 11-3A-8. All landscaping adjacent to the pathways shall meet the requirements outlined in 11-3B-12 including the requirement for one deciduous tree per 351ineaz feet of pathway. • Per UDC 11-3G-3A, set aside at least 9.9% (0..85 acres) of the site for useable open space, as proposed. • Per UDC 11-3B-10, the applicant shall work with the City Arborist, Ekoy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • Provide a copy of the updated landscape plan showing the changes made to the preliminary plat with the final plat application. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. The landscape plan is not to be altered without approval of the Planning and Zoning Department. No field changes to the landscape plan are permitted. All standards of installation shall apply as listed in UDC 11-3B-14. Submit a landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). 1.2.3 Provide public stub streets to Lot 13 Block 1 of the proposed subdivision and to the Wood property to the west (Parcel #81608650150) as proposed. 1.2.4 All buildings that span across proposed lot lines, or do not conform to the dimensional standazds (setbacks, height, etc.) of the UDC shall be removed, relocated or made to conform to city code, prior to signature of the final plat by the City Engineer. Exhibit B CITY OF MERIDIAN PLANNIP~EPARTMENT STAFF REPORT FOR THE HEA~ DATE OF NOVEMEBR S, 2006 1.2.5 The current design of the cul-de-sac at the north end of N. Bright Angel Avenue does not meet Fire Department standards for an emergency vehicle turnazound. The applicant shall work with the Fire Department to ensure that the cul-de-sac or possible alternative meets Fire Department standazds. 1.2.6 ACHD is requiring that an access easement be placed across all of Lot 2, Block 2 for the required temporary emergency vehicle turnaround. Prior to signature of the final plat the applicant shall work with staff to determine the most effective way to address this easement and ensure that Lot 2, Block 2 remains a non build lot until the stub street is extended. This lot shall be maintained weed free until the easement is removed and the lot is developed. 1.2.7 Maintenance of all common azeas shall be the responsibility of the Harpe Subdivision Homeowners Association. 1.2.8 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to construction plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 1.3 GENERAL REQUIREMENTS-PRELIMINARY PLAT 1.3.1 Sidewalks/walkways shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.3.2 The applicant shall comply with the outdoor lighting standazds shown in UDC 11-3A-11. 1.3.3 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common azeas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape azeas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 1.3.4 A detailed landscape plan, in compliance with the landscape and subdivision ordinance, and as noted in this report, shall be submitted for the subdivision with the final plat application. Where the applicant has submitted a preliminazy landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. 1.3.5 The applicant shall submit a fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporazy construction fencing to contain debris must be installed azound the perimeter prior to issuance of a building permit. All fences shall taper down to 3 feet maximum within 20 feet of all right-of--way. All fencing should be installed in accordance with UDC 11-3A-7. 1.3.6 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.3.7 Staffs failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. Exhibit B CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAR~DATE OF NOVEMEBR 8, 2006 1.3.8 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains installed in Havasu Creek Subdivision to the south. The applicant shall install mains to and through this development; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in Havasu Creek Subdivision to the south. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.4 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.5 The applicant has not indicated the pressure irrigation system in this proposed development is to be maintained as a private system, therefore plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. 2.6 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.7 All existing houses that are to remain on site shall be required to connect to City services. The applicant shall be responsible for the payment of assessments prior to signature on the final plat and the actual physical connection to the services prior to issuance of Certificates of occupancy. 2.8 Prior to signature on the final plat the applicant shall vacate the easements that were dedicated along the interior lot lines of the original Crestwood Subdivision. 2.9 All existing structures not meeting setbacks or meeting the dimensional standards of the UDC shall be removed prior to signature on the final plat by the City Engineer. 2.10 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.11 Additional width to the public utilities, drainage and irrigation easement along the right-of way shall be dedicated where the sidewalk is located past the right-of--way. The additional width needs to be sufficient to allow for 10 feet of easement past the sidewalk. 2.12 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. Exhibit B CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEt~G DATE OF NOVEMEBR 8, 2006 2.13 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area. being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.14 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.15 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.16 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.17 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 2.18 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.19 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.20 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.21 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.22 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.23 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.24 One hundred watt, high-pressure sodium streetlights, on 25' pole shall be required on all public residential streets. Two-hundred and fifty watt high pressure sodium streetlights, on 30' pole shall be required on subdivision entrances and collector roadways. Design of the streetlights shall be approved by the Public Works Department. Decorative lights require a streetlight agreement on file with Public Works prior to activation. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants, and no further than 400' distance in between locations. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain approval from the Public Works Department, and permit from Building Department prior to commencing installations. 3. FIRE DEPARTMENT 3.1 One and two family dwellings will require afire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. Exhibit B CITY OF MERIDIAN PLEPARTMENT STAFF REPORT FOR THE HE~iG DATE OF NOVEMEBR 8, 2006 3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %a" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.4 The phasing plan may require that any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. (The proposed cul-de- sac at the north end of N. Bright Angel Avenue does not meet the turnaround requirements.) 3.5 All entrance and internal roads, alleys, and cul-de-sacs shall have a turning radius of 28' inside and 48' outside radius. 3.6 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 3.7 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.8 The proposed 22-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 64 residents at build out. 3.9 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.10 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. POLICE DEPARTMENT 4.1 All interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 4.2 The micro paths shall be adequately lit to afford greater visibility of the site as policed from the public street. 4.3 The shrubbery along the micro-pathways shall not exceed two feet in height at maturity. 4.4 The southern terminus of the proposed micro-pathway connecting to McMillan road shall tie Exhibit B CITY OF MERIDIAN PLANNIN~,~RTMENT STAFF REPORT FOR THE IiEDATE OF NOVEMEBR S, 2006 directly into the sidewalk along North Bright Angel Avenue. 5. PARKS DEPARTMENT 5.1 Standard for Mitigation of Trees: The standard ~stabiished in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 6. SANITARY SERVICE COMPANY 6.1 SSC has no comments related to this application. 7. ADA COUNTY HIGHWAY DISTRICT (DRAFT COMMENTS RECEIVED ON 8/21/06) 7.1. SITE SPECIFIC REQUIREMENTS 7.1.1 Construct the internal streets as 33-foot street sections with rolled curb, gutter, and 8-foot planter strips within 50-feet ofright-of--way; and 5-foot detached concrete sidewalks within an easement; and obtain fire department approval for the reduced street sections. 7.1.2 Construct the stub street to the west approximately 160-feet north of the south property line as the internal street section. This street should be signed as follows: "THIS STREET WILL BE EXTENDED IN THE FUTURE." 7.1.3 Construct the second proposed stub street to Lot 13 of Block 1, located 165-feet south of the north property line as the internal street section, with a fully improved turnaround at the terminus (utilizing a minimum turning radius of 45-feet). Where the right-of--way ends at the property line, the applicant should install signage stating: "THIS STREET WILL BE EXTENDED IN THE FiJT'i_1RE." 7.1.4 Obtain fire department approval for the use of the temporary emergency turnaround on Lot 2 of Block 2, and provide the easement across the entire lot prior to signing the final plat. 7.1.5 Construct a 5-foot concrete sidewalk located no closer than 2-feet off of the right-of--way line (back of walk to ROW) for McMillan Road. If the sidewalk is located outside of the right-of--way, the applicant should provide a sidewalk easement. Any existing driveway access to McMillan Road should be closed to match improvements; thereby restricting all of the site's access to the internal streets. 7.1.6 Dedicate 45-feet of right-of--way from the centerline of McMillan Road from the west property line to 335-feet east of the west property line by means of a warranty deed. The frontage on McMillan Road from 335-feet east of the west property line to 435-feet east of the west property line should taper to 59-feet from centerline; continued to the intersection with Locust Grove. Note: The original proposed right-of--way for McMillan Road is accurate with the exception of the location of the taper. The taper length is accurate, however it should begin 100-feet from the intersection rather than the proposed 80-feet. This will shift the starting point and ending point of the taper 20-feet to the west, as noted in the diagram below. 7.1.7 Construct a 5-foot concrete sidewalk located no closer than 2-feet off of the right-of--way line (back of walk to ROW) for Locust Grove Road. If the sidewalk is located outside of the right-of- way, the applicant should provide a sidewalk easement. Any existing driveway access to Locust Grove Road should be closed to match improvements; thereby restricting all of the site's access to the internal streets. 7.1.8 Dedicate 35-feet of right-of--way from the centerline of Locust Grove Road abutting the parcel by means of a warranty deed, and dedicate the northeast property corner (chamfer the radius) to facilitate the construction of improvements for the planned signalized intersection (see attached Exhibit B CITY OF MERIDIAN PLANNIN~ARTMENT STAFF REPORT FOR THE HEAR~ATE OF NOVEMEBR 8, 2006 diagram). The exact design of the comer should be determined by the District Development Review. 7.1.9 No direct lot access maybe taken from either Locust Grove Road or McMillan Road. 7.1.10 Comply with all Standard Conditions of Approval. 7.2 GENERAL REQUIREMENTS 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACRD roadway or right-of--way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 Comply with the District's Tree Planter Width Interim Policy. 7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees is required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACRD right-of--way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect Exhibit B CITY OF MERIDIAN PLEPARTMENT STAFF REPORT FOR THE HE~G DATE OF NOVEMEBR 8, 2006 at the time the change in use is sought. 8. SETTLERS' IRRIGATION DISTRICT 8.1 All irrigation /drainage facilities along with their easements must be protected and continue to function. The facility is the Parkins Nourse Lateral. Contact SID for additional irrigation requirements. 8.2 A Land Use Change Application must be on file prior to any approvals. 8.3 A license agreement MUST be signed and recorded prior to construction of any S.I.D. facilities. 8.4 Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. 8.5 All storm drainage must be retained on-site. 8.6 A pressure irrigation system must be provided to service all lots with irrigation water. Exhibit B CITY OF MERIDIAN PLEPARTMENT STAFF REPORT FOR THE HE~G DATE OF JULY 20, 2006 C. Legal Description (not avnrovedl s~ ~~° w 7Hti La\D GanUl', IXf.. { Jtme 14, 2006 I'mject No. 06018 Annexation Legal Description I arry C. Harpe MERIDIAN PUBLIC WORKS DEPT. 8.95 Acres ANNEXATION LEGAL A tract of land situated in the Northeast One Quarter of the Northeast One Quarter of Section 31 ' ' T ownship 4 North, Range 1 East, Boise Meridian, City of Meridian, , Ada County, Idaho, described as follows: Commencing at a found brass cap monumenting the Northeast Corner of said Section 31 being dte POINT' OF BEGINNING. 'T'hence Following the easterly line of section 31 South 00°33'04" West a distance of 660.00 feet to point; 'Thence North 89°46'38" West a distance of 250.00 feet to a found'/z inch steel pin; Thence North 89°58'24" West a distance of 340.37 feet to a point; Thence North 00°33'04" East a distance of 661.18 feet to a point on the nottherly line of said Section 31; Thence following the nottherlp line of section 31 South 89°46'35" East a distance of 590.36 feet to the POINT OF BEGINNING. The above-described legal contains 8.95 acres, more or less, subject to all existing casements and rights-of--way. ~ ` ~ Prepared By: `~%~/'~~~~-^/ THE LAND GROUP, INC. 462 C. Shore Drive, Svite 100 Cagle, Idaho 83616 208-939-4041 2U8-939-4445 {F.9X) ~ ~D ^ t5 -OC~7 Exhibit C CITY OF MERIDIAN PLAN~Ci DEPARTMENT STAFF REPORT FOR THE KING DATE OF JULY 20, 2006 snuaTEl~ IN THE N®RTHEAST ~/~ O~ THE NORTHEAST ~/4 OI° SECTION 31 TOWNSHIP 4 NORTH, RANGE 1 EAST, B.M„ CRY OF MERIQIAN, ADA COl)NTY, ®AHO /- Q E AbMWAN ROAD REV APPR V ~ BY ~~_ M WORKS DEPYIC 3 e I fiq - 2 LEGEND ~~~~~ ~~ • FouNO t/z' SiEEI. PMI ~ FauNO s>:ASS caP sECnaa urn/smEEr cEN'rp~ur-~ r~ ~ ,ANME%Ai10N GARY N ~~~w~'~ G7~~ r ~vlo_15..0(0 xe s EN(iIPO;ERI3URVCYOR PROJECT INFORMATION SCJd.E:1'=100' ., ~,-_~ rHls` I.,AIVi~ GKOUP, rnrc. EXHIBIT°H" °~'"`08 ~, /' ~~ ~twwiron. ~.entrnno. PROJECTyN0.0:~021 r .• ;~~, ~, ~,, HARPE SUB[SiV S ON RTY 1 Exhibit C CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF JULY 20, 2006 D. Required Findings from Zoning Ordinance 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to R-8. Council finds that ~ portion of this site should be zone R-4 not R-8 Council finds that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of this Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds that single-family residential uses are allowed within the requested zoning district of R-8 as a Principally Permitted Use. The accompanying plat demonstrates the land will be developed with varying lot sizes and other dimensional requirements which conform to the proposed zoning designation. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Council finds that the proposed zoning amendment will not result in any adverse impact upon delivery of services by any political subdivision providing services to this site, as conditioned in the staff report. 5. The annexation is in the best of interest of the City (UDC 11-5B-3.E). Council finds that all essential services will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan; and this is a logical expansion of the City limits. In accordance with the findings listed above, Council finds that Annexation and Zoning of this property to R-8 and R-4 would be in the best interest of the Citv. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; Council finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan. Council supports the proposed density and proposed plat layout, Exhibit D CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HE~TG DATE OF JULY 20, 2006 with recommended changes, as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services can be made available to accommodate the proposed development. (See Finding Items 3 and 4 above under Annexation Findings for more details.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their own cost, staff finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., Police, Fire, ACRD, etc.) to determine this finding. (See Exhibit B, Agency Comments and Conditions, for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and Council is not awaze of any health, safety, or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACRD considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unawaze. 6. The development preserves significant natural, scenic or historic features. Council is unaware of any natural, scenic, or historic features on this site. Therefore, staff finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of maj or importance of which staff is unaware. Exhibit D • November 17, 2006 MERIDIAN CITY COUNCIL MEETING • November 21, 2006 AZ 06-032 APPLICANT Conger Management Group ITEM NO. 5-C REQUEST Findings for Approval -Request for Annexation and Zoning of 29.31 acres from RUT to R-8 zones for Trilogy Subdivision -south side of Chinden Boulevard and east of Black Cat Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See affached Findings CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Materials presented at Date: (~ Phone: ~~3 ~~~,5~ ~Sta Initials: , shall become property of the Clly of Meridian. • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~ ~,~CEI ~ Gov t s 200 ~it~ Via; ' e~°icltara C~~ ®i-lice r p ,~ f IW SAW x_~~~~ ~ ~~!YLG'i'IG~lt"~1 ~' ~`~, IL7:t1-8© f "~,h ~'fi °.~f: In the Matter of Annexation and Zoning of 29.31 acres from RUT to R 8 AND Preliminary Plat approval for 145 single-family building lots, 12 common lots, 4 private street lots, and 1 future right-of-way lot for Trilogy Subdivision, by Conger Management Group. Case No(s). AZ-06-032 and PP-06-032 For the City Council Hearing Date of: November 8, 2006 (Findings on the November 21, 2006 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of November 8, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of November 8, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of November 8, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of November 8, 2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-032 and PP-06-032 • • 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected parry requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, Landscape Plan, and the Conditions of Approval all in the attached Staff Report for the hearing date of November 8, 2006 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated September 20, 2006 is hereby conditionally approved; 2. The following modifications to the Staff Report were made at the City Council hearing: That additional Development Agreement provisions be added that require the applicant to: provide a utility easement to the Janicek property to the northeast- that the applicant make additional landscape improvements to the west side of Ramblin Court and enter into a license agreement for said improvements with ACRD: and that a more formal entry be made at the entrance to this development (from Ramhlin C'~urtl_ 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of November 8, 2006 incorporated by reference. D. Notice of Applicable Time Limits Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-032 and PP-06-032 • submitted within successive intervals of eighteen (18) months, maybe considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B- 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council maybe granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of November 8, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-032 and PP-06-032 • CJ By action of the City Council at its regular meeting held on the ~ ~~ da of ~Ol~21r1v~., 2006. Y COUNCIL MEMBER SHAUN WARDLE VOTED_ I~~~ COUNCIL MEMBER JOE BORTON VOTED_ IJ~~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED__~~~Qa~ COUNCIL MEMBER KEITH BIRD VOTED__~~~. TIE BREAKER MAYOR TAMMY de WEERD VOTED -~' M~ '~~ WEERD ATTEST: ,~~~ ~~ °~ ~~ ~/~~= 0 I, WILLIAM G. BERG, JR., ITY CLEF '° ~s .~~~i T 1 ~~ • ~~ao~ `~ O,e/%~~~1 f 10 i 41 111 N 1114~`~a,\, Copy served upon: ~/ Applicant Planning Department Public Works Department ~L City Attorney BY~ Dated: ~ ~- 2B'-0(p ity Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-032 and PP-06-032 CITY OF MERIDIAN PLAEPARTMENT STAFF REPORT FOR THE HEA~ DATE OF NOVEMBER 8, 2006 STAFF REPORT Hearing Date: 11-8-06 TO: Mayor & City Council FROM: Caleb Hood Meridian Planning Department 884-5533 SUBJECT: Trilogy Subdivision • AZ-06-032 E ,~.{, ~ ~ (4F~` f, C:fN"W ~f1F ~~~~ 'YSi ~,4 ir~:wo .~. °'CR: ~F:~ J``~"-mss, a-,~:_~,.~ ti'~~° iati Annexation and Zoning of 29.31 acres from RUT (Ada County) to R-8 (Medium Density Residential) zone • PP-06-032 Preliminary Plat of 145 single-family building lots, 12 common lots, 4 private street lots, and 1 future right-of--way lot on 28.17 acres, in a proposed R-8 zone 1. SUIVIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The subject applications were scheduled for the July 20, 2006 Planning & Zoning Commission hearing. Prior to the hearing, the applicant requested that this project be continued so they could revise the project. The applicant has revised the proposed Preliminary Plat by incorporating changes recommended by Staff in the Staff Report for the July 20, 2006 Commission meeting._The applicant, Conger Management Group, has applied for Annexation and Zoning (AZ) of 29.31 acres from RUT (Ada County) to R-8 (Medium Density Residential) and Preliminary Plat approval of 145 single family residential lots, 12 common lots, 4 private street lots, and 1 future right-of--way lot for Trilogy Subdivision. The site is located on the south side of Chinden Boulevard, approximately 250-feet east of Black Cat Road. This area is commonly known as Lot 2, Block 1, Rambo Subdivision. Rambo Subdivision is aCounty-approved plat that was recorded in 1993, with the subject lot being the deed restricted open space lot. The subject site is within the City's Area of Impact and Urban Service Planning Area. 2. SUIVIlVIARY RECOMIVIENDATION The subject applications (AZ-06-032 and PP-06-032) were submitted to the Planning Department for concurrent review. Staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation and Zoning and Preliminary Plat applications. Staff is recommending approval of the proposed Trilogy Subdivision subject to the conditions listed in Exhibit B of the Staff Report. The a. Summary of Commission Public Hearin i. In favor: Dave McKinnon ii. In opposition: None iii. Commenting: None iv. Written testimony received: None v. Staff presenting application: Caleb Hood vi. Other staff commentin on application• None b. Key Issues of Discussion by Commission: i. Sidewalk and asphalt improvements along Ramblin Court• and Trilogy Subdivision AZ-06-032, PP-06-032 PAGE 1 CITY OF MERIDIAN PLAS~EPARTMENT STAFF REPORT FOR THE G DATE OF NOVEMBER 8, 2006 ii. Location of Schwitzer Avenue so the adjacent ro~perty can use effectively c. Kev Commission Changes to Staff Recommendation• i. Required the applicant to road trust for the sidewalk on Ramblin Court east of Schwitzer Avenue, and widen the pavement to at least 30 feet west of Schwitzer Avenue. d. OutstandinE Issne(s) for City Council• i. The revised landscape plan now shows a large stonnwater detention pond in Lot 8 Block 5. This pond is not consistent with the previous landsca.~e plan and has a sigmficant effect on the amount of qualified open space provided with this r~oJect. ii. The applicant should be required to construct Schwitzer Avenue to their west property line, from Ramblin Court to Lookout Pass (it still does not appear that the nght-of--way is directly adjacent to the west property line -potential spite stn i. In favor: Dave Mc in on ii. In opposition:_Aneela Brown_ Brian Camen MaraarPt ran-;..,, iii. Commentinc• Brad Janicek iv. Written testimony None v. Staff presenting application• Anna Rnrcherc r'ann;no vi. Other staff commenting on application• None lt. ev Issues of Di cuc ion by onnc~l• i. -Improvements to Ra~nblin Co_ u__rt_ _• ii. - Housing products: iii. - Providing utility easement to Janicek n__rn_ne__rt_v alnnQ_ C`h;nr~a„ oulevar iv. -Improvements to the main entrance ~_ eV COUDC•I ban ec to (''nmmiaein.. i?nrnmma i. -Development Aereement rea irt~g that he applicant provide a ut'1'ty easement to the Janicek property to the northeast• that the applic t make dditional landscape im rovements to the west side of Ramblin Co d enter into a license aereement for said improvements with ACHD• and that a more formal entry be made at the entrance to this development 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ- 06-032 and PP-06-032 as presented in the staff report for the hearing date of November 8, 2006, with the following modifications to the conditions of approval: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-06- 032 and PP-06-032 as presented during the hearing on November 8, 2006, for the following reasons: (State specific reasons for denial of the annexation and/or preliminary plat request.) Trilogy Subdivision AZ-06-032, PP-06-032 PAGE 2 CITY OF MERIDIAN PLEPARTMENT STAFF REPORT FOR THE HE~G DATE OF NOVEMBER 8, 2006 Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers AZ-06-032 and PP-06-032 to the hearing date of (insert continued hearing date here) for the following reason(s): (State specific reason(s) for a continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: East of Black Cat Road and South of Chinden Boulevard / 4325 Chinden Boulevard Section 27, T4N, Rl W b. Owner: Dyver Development 1977 E. Overland Road Meridian, ID 83642 c. Applicant: Conger Management Group 405 S. 8~' Street, Suite 290 Boise, ID 83702 d. Representative: David McKinnon, Conger Management Group e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: 1. Date of Preliminary Plat (attached in Exhibit A): September 20, 2006 2. Date of Landscape Plan (attached in Exhibit A): October 30.2006 h. Applicant's Statement/Justification: The proposed overall density (5.1 dwellings per acre) of the project complies with the City's designation of Medium Density Residential R-8 which allows for densities of up to 8 dwellings per acre. The subdivision will provide large open spaces and a mix of housing types including a common mew, attached single family dwellings, and detached single family dwellings. 5. PROCESS FACTS a. The subject application will in fact constitute an annexation and/or rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: July 3, 2006, and July 17, 2006 (for P& Z Commission), and October 16 and 30 2006 (for City Council) d. Radius notices mailed to properties within 300 feet on: June 23, 2006 (for P & Z Commission), and October 13, 2006 (for City Council) Trilogy Subdivision AZ-06-032, PP-06-032 PAGE 3 CITY OF MERIDIAN PL?S~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF NOVEMBER 8, 2006 e. Applicant posted notice on site by: July 10, 2006 (for P & Z Commission), and October 30. 2006 (for City Council 6. LAND USE a. Existing Land Use(s): Existing home, several outbuildings, and vacant land. All existing structures will be removed from the site. b. Description of Character of Surrounding Area: A mix of single family residential and vacant agricultural land, some of which has recently been proposed for residential development. c. Adjacent Land Use and Zoning: 1. North: Residential and Agriculture, zoned RR (Ada County). 2. East: Proposed Bainbridge Subdivision, zoned R-8. 3. South: Residential and Agriculture/Proposed Keego Springs Subdivision, zoned RUT (Ada County)/R-8. 4. West: Residential and Agriculture, zoned RUT (Ada County). d. History of Previous Actions: N/A e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: This property is master planned to sewer to the future North Black Cat trunk. It is not currently serviceable. Location of water: This property would receive water from future mains in N. Black Cat Road and future stubs from approved nearby development. Issues or concerns: This property is currently not serviceable by the City of Meridian's sewer or water system. Upsizing of sewer and water mains through this site. 2. Vegetation: Primarily agriculture. Existing trees will be retained or relocated on site. 3. Flood plain: N/A 4. Canals/Ditches/Irrigation: The preliminary plat shows a number of ditches around the edges of this development. 5. Hazards: N/A 6. Proposed Zoning: R-8 7. Size of Property: 29.31 acres f. Subdivision Plat Information: 1. Residential Lots: 145 2. Non-residential Lots: 0 3. Total Building Lots: 145 4. Common Lots: 12 5. Other Lots: 5 (4 private street lots and 1 future right-of--way lot) 6. Total Lots: 162 Trilogy Subdivision AZ-06-032, PP-06-032 PAGE 4 CITY OF MERIDIAN PLASEPARTMENT STAFF REPORT FOR THE G DATE OF NOVEMBER 8, 2006 7. Open Lots: 0 8. Residential Area: 28.17 acres 9. Gross Density: 5.1 units per acre 10. Lot Sizes: Lot sizes range from 4,000 square feet to 9,200 square feet. The average lot size is approximately 5,000 square feet. g. Landscaping: 1. Width of street buffer(s): As per the Future Land Use Map, Chinden Boulevazd is designated as "Entryway Corridors." The UDC (Table 11-2A-5) requires a 35-foot wide street buffer adjacent to Entryway Comdors. The landscape plan proposes a 35- foot wide landscape buffer along Chinden Boulevard. 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: 2.17 acres (7.71%) 4. Other landscaping standazds: Landscaping adjacent to micro-paths should comply with UDC 11-3B-12. Common, open-space lots should include at least one deciduous shade tree per 8,000 squaze feet (UDC 11-3G-3-E2). h. Proposed and Required Non-Residential Setbacks: Per the R-8 zone for attached and detached single family dwellings. i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The sole access to the development will be from an existing public street, Ramblin Court, that connects with N. Black Cat Road. Additionally, two stub streets will be constructed to connect with future residential subdivisions; one at the east property line to access Bainbridge Subdivision, and one to the southwest to access Keego Springs Subdivision. Four 24-foot wide private streets aze proposed within Blocks 6 and 7, which contain rear-loaded garages. There is a proposed public alley that bisects the private streets. ACRD has required that this north-south alley be private. If the alley is private, then it should be constructed in accordance with UDC 6C-3B5. 7. COMMENTS MEETING On June 30, 2006, Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain single family residences at densities of three to eight dwellings per acre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 145 residential building lots on 28.17 acres for a gross density of 5.11 dwelling units/acre. The gross density is within the range outlined in the Comprehensive Plan, staff fmds that the proposed development is in general compliance with the Comprehensive Plan. The following Comprehensive Plan policies apply to this application: Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. Trilogy Subdivision AZ-06-032, PP-06-032 PAGE 5 CITY OF MERIDIAN PLAS~7EPARTMENT STAFF REPORT FOR THE HEA~G DATE OF NOVEMBER 8, 2006 When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: • Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed, the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACFID). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter VI, Goal II, Objective A, Action 3 -Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land-use decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Staff believes that the subject applications comply with the policies listed in the literature noted above. • Chapter VI, Goal II, Objective A, Action 5 -Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. Staff is supportive of the proposed pedestrian connections to future adjacent subdivisions, via stub streets. • Chapter VII, Goal IV, Objective C, Action 1 -Protect existing residential properties from incompatible land use development on adjacent parcels. The applicant is proposing a residential zone. Staff finds that the proposed developments to the east and southwest are compatible with the proposed development, and that the existing residences to the southwest have been buffered with appropriately sized lots. • Chapter VII, Goal IV, Objective C, Action 10 - Support a variety of residential categories (low-, medium-, and high-density single family, multi-family, townhouses, duplexes, Trilogy Subdivision AZ-06-032, PP-06-032 PAGE 6 CITY OF MERIDIAN PLAEPARTMENT STAFF REPORT FOR THE HEA~ DATE OF NOVEMBER 8, 2006 apartments, condominiums, etc.} for the purpose of providing the City with a range of affordable housing opportunities. The subject application includes a request for the R-8 zone. Staff finds that the requested zoning designation contf ibutes to the variety of Yesidential zoning categories in this aYea and is generally consistent with the Comprehensive Plan designation for this site. • Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow (Chapter VI, Goal II, Objective A, Action 6) Two stub streets have been proposed to connect with the previously approve Bainbridge and Keego Springs developments. These properties have been proposed to be developed in a manner similar to the subject parcel. In addition, the applicant is now proposing to construct Schwitzer Avenue along the west property line so that the undeveloped property to the west can efficiently re-develop with front-on housing. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2A-2 lists single-family, two-family (duplex), and townhouse developments as a Permitted Use in the R-8 zone. b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation ANNEXATION ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Unified Development Code, staff believes that this is a good location for the proposed single-family development. Please see Exhibit D for detailed analysis of the required facts and findings for annexation. The annexation legal description submitted with the application (prepared. on February 21, 2006, by Charles Hardes, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. A Development Agreement (DA) will be required as part of annexation of this property. Prior to annexation approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate this process. The DA shall include the following: • The applicant will be responsible for .all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will be removed from their domestic service, per Ciry Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. Trilogy Subdivision AZ-06-032, PP-06-032 PAGE 7 CITY OF MERIDIAN PLANNNII~EPARTME~ STAFF REPORT FOR THE HE~G DATE OF NOVEMBER 8, 2006 All future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • Access to Chinden Boulevard shall be prohibited for this site. The applicant shall be required to dedicate the right-of--way, construct landscaping, a pathway, and noise mitigation along Chinden Boulevard, as required by ITD and the City of Meridian. • rovide a utility easement to he Ja~cek nrotierty to the northeast make additional landscape un ro em s to a west side of Ramb i Courr and enter into a lic cP agreement for said movements with ACHD: and ~t a more formal entry be made at the entrance to this development. PRELIlVIINARY PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Unified Development Code, staff believes that this is a good location for the proposed single-family residential products. Please see Exhibit D for detailed analysis of facts and findings for a preliminary plat. 1. Access: Chinden Boulevazd is a state highway. UDC 11-3H-4B prohibits access to state highways at locations other than at section line roads, or at the %i mile between sections. The existing access to Chinden Boulevard should be abandoned. Further, a note should be placed on the face of the plat prohibiting direct lot access to Chinden Boulevard. The applicant should be required to construct noise abatement in compliance with UDC 11- 3H-4D and ITD's design requirements adjacent to the residential uses. The applicant should dedicate right-of--way, in accordance with TTD's requirements, to allow for future highway expansion (100-feet from centerline proposed). The applicant should construct a 10-foot wide pathway along Chinden Boulevazd (not currently shown on the plans)(see UDC 11-3H-4C3). Ramblin Court, a public street, is proposed as the sole access to serve the 145 proposed homes within the subdivision. In addition, stub streets are proposed to the recently approved Keego Springs Subdivision to the south and Bainbridge Subdivision to the east. Once the subdivisions to the south and east develop, alternative accesses onto Chinden Boulevard, Black Cat Road, and Ten Mile Road will be provided to the residents in this azea. However, until secondary access can be provided to this site, the Meridian Fire Department is limiting residential construction to 50 homes. See Exhibit B for all comments and conditions from the Fire Department. All of the internal streets, except for the private streets and Tamazak Street (southeast corner of the development), aze proposed with a 33-foot street sections and 5-foot wide attached sidewalks. Portions of Tamatak Street aze proposed as 29-feet wide (measured back-of~urb to back-of-curb) within a 42-foot wide right-of-way. 2. Schwitzer Avenue: During the pre-application meetings with the applicant, staff directed the applicant to construct the main entrance into the development, Schwitzer Avenue, along the west property line. After ACHD acquires right-of--way for Black Cat Road (48- Trilogy Subdivision AZ-06-032, PP-06-032 PAGE 8 CITY OF MERIDIAN PLA,PEPARTMENT STAFF REPORT FOR THE HE~G DATE OF NOVEMBER 8, 2006 feet from centerline), and the owner of Parcel #87330160010 constructs a street buffer (35-feet wide), there will only be about 145 feet of remaining depth for the parcel, which is approximately 3 acres in size. This remainder depth is not sufficient to develop a street with lots on both sides. Therefore, it is critical for the redevelopment of Parcel #87330160010 that Schwitzer Avenue be constructed, from Ramblin Court to Lookout Pass Street, along the western boundary of the subject site, as proposed with the revised preliminary plat. Private Streets: Four private streets are proposed within this development. The proposed private streets will serve as access to the lots within Block 6 and 7. The applicant has submitted a Private Street application as required by UDC 11-3F-3. The applicant shall design and construct the private streets in compliance with the standards listed for Private Streets in UDC 11-3F, Private Streets. The applicant is proposing to construct a 24-foot wide improved area for the private streets (22 feet of paving and 1 foot of ribbon curb on each side.) Staff is supportive of the proposed private streets. (Please see the required private street findings in Exhibit D.) The proposed private streets are bisected by a north-south alley. The proposed alley is 16- feet wide. The ACRD has stated that they do not want to accept or maintain this proposed alley. If the alley is indeed private, then it should be constructed in accordance with UDC 6C-3B5. No on-street parking shall be allowed along the two private streets, Brighton and Snow Basin, but may be allowed off of the alley. Vehicles shall be parked in garages, driveways, in the parking lots off of the alley, or along public roads within the subdivision. The private roads shall be signed as "No Parking" per the Meridian Fire Department's comments. 4. Common Drvvewavs• Three common driveways and several shared driveways, which are not shown on the plat, are proposed within this development. The UDC allows R-8 zoned lots sharing a common driveway, or that are access from an alley/private street, to be a minimum of 4,000 square feet. There are 38 lots that must be paired, sharing a driveway. Further, Lots 13-15, Block 3; Lots 6-9, Block 9; and, Lots 29-32, Block 1, shall take access from common driveways. UDC 11-6C-3D7 requires setbacks, building envelopes, and orientation of the lots and structures to be shown on the plat; building setbacks should be measured from the edge of the common driveway easement or property lines, whichever is more restrictive. Further, UDC 11-3C-6 requires every single-family dwelling to have atwo-car garage and a 20' x 20' parking pad on the lot. The asphalt/concrete for the common driveway should not count towards the required parking pad area. Comply with all common driveway provisions listed in UDC 11-6C- 3D. NOTE: There are five lots that are adjacent to the common driveway in Block 9. The UDC allows a ma~mum of four dwellings to share a driveway, and all lots abutting a common driveway are to take access from the driveway. Staff recommends that the location of the common driveway easement for Lots 6-9, Block 9, should be shifted 5-feet to the south so that Lot 10 is not adjacent to the driveway. 5. House Orientation: Staff has concerns about the orientation of the houses on the lots using common driveways. Generally, when reviewing the layout of a plat, staff likes for like yards to match (e.g. -side yard of one lot to abut the side yard of another.) With the configuration of the common driveways, staff recommends that the orientation of the Trilogy Subdivision AZ-06-032, PP-06-032 PAGE 9 CITY OF MERIDIAN PL~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF NOVEMBER 8, 2006 houses on these lots be restricted. Staff recommends that the houses on Lots 13 and 14, Block 4, should be oriented to the east; the house on Lot 15, Block 4, should be oriented to the north; the houses on Lots 6-9, Block 9, should be oriented to the north; and the houses on Lots 29-31, Block 1, should be oriented to the south, and the house on Lot 32, Block 1, should be oriented to the west, to match the yards of the adjacent lots. 6. _Pressure Irri ation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common azeas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 7. Fencing: Except along Chinden Boulevard where a 6-foot tall fence is proposed, perimeter fencing is not shown on the submitted landscape plan or preliminary plat. The applicant has testified that a 6-foot tall cedaz fence will be constructed around the Lenmeter of the development (shown on the revised landscape plan as well) Fencing adjacent to all micro-paths is required. The applicant should submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All perimeter fencing must be completed prior to issuance of building permits. All fencing should taper down to a 3 foot maximum within 20 feet of all rights-of--way. Fencing shall be installed in accordance with UDC 11-3A-7. 8. Ditches. Laterals and Canals• As per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided shall be covered. 9. Landsca~~ The landscape plan prepared by South Landscape Architecture, P.C., on 4- 12-06, labeled Sheet L1.0 - L1.3 is approved with the following modifications/notes: • Provide a 35-foot wide landscape street buffer along Chinden Boulevard as depicted. The landscape buffer along the street shall be designed in accordance with UDC 11-3B-7 and UDC 11-3H-4C&D. • Provide noise abatement, in accordance with UDC 11-3H-4D, along Chinden Boulevard. Provide a micro-path connection through Lot 18, Block 1. Provide landscaping in compliance with UDC 11-3B-12, adjacent to the micro-paths. A written certificate of completion shall be prepared by the landscape azchitect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Council signature of the Final Plat. All standards of installation shall apply as listed in UDC 11-3B-14. Submit a landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). Trilogy Subdivision AZ-06-032, PP-06-032 PAGE 10 CITY OF MERIDIAN PLDEPARTMENT STAFF REPORT FOR THE HE~G DATE OF NOVEMBER 8, 2006 Landscape Buffer along Chinden Boulevazd• Chinden Boulevard, adjacent to the property, is classified as an Entryway Corridor on the 2002 Future Land Use Map, and requires a 35-foot landscape buffer per UDC 11-2A-5. The applicant has proposed to construct a 35-foot wide landscape buffer along Chinden Boulevard, located outside of the future 100 foot right-of--way for the highway. There is approximately 55 additional feet that will be improved with grass, until TTD purchases it for the widening of Chinden Boulevard. This proposal meets the 35 foot minimum landscape buffer requirement and accommodates the 55 feet of additional area needed by ITD for future roadway expansion (see Landscaping above.) 10. Common Areas: All common lots which are approved as open space and will function as drainage azeas shall be vegetated and usable by residents. Maintenance of all common azeas shall be the responsibility of the Trilogy Homeowners Association. 11. en Space/Amenities: Originally the applicant was proposing to set aside 2.51 acres (8.91 % of the property) for open space. The revised plan shows 2.17 acres of open space, and the open space is configured quite differently. Staff is supportive of the revised design as it centralizes the larger open space areas, and provides good access for all of the residents. The applicant has two large common azeas that aze centrally located within the subdivision. Pedestrian pathways (micro-paths) and a picnic shelter aze a part of the open space design, as well. The revised landscape elan shows a large storm water detention facility where oven space was previously shown (Lot 8 Block 51 This change has a significant impact on the percentage of this site being set aside for useable open space. Staff recommends that the applicant eznlain this change and that the Council determine if the change is appropriate 12. Micro-paths: In the applicant's submittal letter, he states that a pathway connection from Chinden Boulevazd will be provided into the development. However, this pedestrian path is not shown on the plans. Staff believes that amicro-path from Chinden Boulevard into this site should be provided (on Lot 18, Block 1). All micro-paths shall be constructed in accordance with UDC 11-3A-8. Landscaping adjacent to all micro-paths should comply with UDC 11-3B. 13. Tree Miti ation: There are lazge trees on the site which the applicant is proposing to remove or relocate. 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 those removed. Required landscaping trees will not be considered as replacement trees for those that are removed. The applicant should coordinate a mitigation plan with Elroy Huff at the Meridian Pazks Department. 14. Existing Structures: The site currently contains multiple buildings. Because the existing structures span across proposed lot lines, all buildings should be removed or relocated, prior to signature of the final plat by the City Engineer. 15. Sidewalk: UDC 11-3A-17D requires sidewalks on both sides of public streets. Rambin Street is currently improved with pavement only. The applicant is not proposing to construct sidewalk along Ramblin Court, where the property is adjacent to the existing right-of--way. Staff believes that the lazge lots in Rambo Subdivision will re-develop in the future. When these properties redevelop the City will look to acquire sidewalk along the portion of Ramblin Court that is being developed. Therefore, if a 5-foot wide concrete sidewalk is not required on Ramblin Court adjacent to this pazcel (adjacent to Lots 1-3, Trilogy Subdivision AZ-06-032, PP-06-032 PAGE 11 CITY OF MERIDIAN PL?S~EPARTMENT STAFF REPORT FOR THE HE?,~G DATE OF NOVEMBER 8, 2006 Block 5), there will be a gap in the sidewalk infrastructure. Staff recommends that the applicant be required to construct a 5-foot wide sidewalk along Ramblin Court, where they abut the existing right-of--way. The Planning & Zoning Commission required the ~plicant to road trust, not construct the sidewalk along Ramblin Court, east of Schwitzer Avenue. b. Staff Recommendation: Based on the above analysis, staff finds the AZ/PP/PS applications substantially conform to the Comprehensive Plan policies and UDC standards. As noted under the Conditions of Approval in Exhibit B, staff recommends residential construction be limited to SO lots until such time that at least one additional access to the subdivision can be provided via the Bainbridge or Keego Springs Subdivisions. (See Fire Department Development Review Comments and Requirements, Exhibit B) Staff recommends approval of the subject AZ/PP/PS applications with the conditions shown in Exhibit B. On October 5. 2006 the Meridian Planning & Zonins Commission voted to recommend aunroval of this proiect. n November 8. 2006. the Meridian City Council voted to annrove this nroiect. wit 11. E~~ITS A. Drawings 1. Preliminary Plat (dated: September 20, 2006) 2. Landscape Plan (dated: October 30, 2006) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Central District Health Department C. Legal Description D. Required Findings from Unified Development Code Trilogy Subdivision AZ-06-032, PP-06-032 PAGE 12 CITY OF MERIDIAN PLASEPARTMENT STAFF REPORT FOR THE G DATE OF NOVEMBER 8, 2006 A. Drawings 1. Preliminary Plat (Dated: September 20, 2006) --- _ _ a _ {o ~_ _ ~ '~ 4 ti ~~6~r ~B ~~1,~~ ° t g~e~Q °~I :'~~ a :s~3 li H~ ~ F~~ ° ° ' .il j 1 ~ 6~ ~Po"di a ~ i3 it 11 i ~ a a~$@ biD~@@~~Ii ~~~ + ~wm `~ ®~~ `~~ m'~ gel ~g ~ ~'~~¢x oe~ <°a~~ oa c s~~9 ~it~i~~o_.~~, + ~~ ~ ' ~~ ~ ~ i aa@~ ip ate.. ~~ ~~, ~ ®~..,. 1~ - prs.i . .~1 b B ®~ ~ ~,. i ~ ~; ~ ~ i I,"_~..... i ~O tee.. ®r b ~~ 0 ©...... ~:~... ~y~9 ~ 1 ~~~ Y,'n ` ~~.«. a ~~ • 0~; -i ; b-o~}* t4 ~ ®~.~.•t E te~•... Q ~ e as _ ..~ ~1 i '~~ - ~ -' _' ! p e '+~ , ,' - 9 (,~ ~ -~ :" j. Q ~ ~j~w.-~.~ Y f C r A i 1 4 ~~ lO m°a '~ ~, '`, A i - ~ .~ _,. .6 ~-,~ m my ®~°' • ~ - -_ I I ~ ~~~ rid.- ~p~ p,.m.. .., L _J , 5~ ~~ i `~~ 'C~ ~ j ! ,,.,im ~ ~~ ~ r: !~ 8111 bllf~ IIeB i~~p~ o ~ p.... ~ ~ ~ . ~ Q ~~le~$pII 19ipue~ii0 ~i ~ a ~ ~a ~. ~~ ~~~,.a ~ -o~~ ~~,~-~'/ ~~~ iiiii6,ililiBO~~iQp ~- -- .~ ~ 9 Lea ~ ~ . Fw+ i Nan ~ I ~ ~ ~' ~4 ~' ii - ?ice 4+ ~ 1 '~ tOy F .'~ 'it ~' CSI ` f °d~ ~~ -~ ( I ~ ~ ,, ~ ~ ~ 9 ~~. r ~~ ~~~ ~~~e ~~ Exhibit A CITY OF MERIDIAN PLAEPARTMENT STAFF REPORT FOR THE HEA~G DATE OF NOVEMBER 8, 2006 Exhibit A CITY OF MERIDIAN PLAEPARTMENT STAFF REPORT FOR THE G DATE OF NOVEMBER 8, 2006 2. Landscape Plan (dated: October 30, 2006) ,~. ~~ ~I I~ nl °1 -_ uei -• ~ , r -' CEDAR PIGTiJRE PRAMS PELAGE \~~' ~~ ;,, ;~: NOTES 'a f ~~ ~ - . ~ .~~~ 0» m.w.~.'~'~Ai w'!r6"°' a; 7REE PLANTINS/BTAKJN3 . ~~...~,,~..m,~.~,,.,,mm,,,.~., TRILOGY SUBDIVISION MERIDIAN, IDAHO C2B DEVELOPMENT ~~~, i~ '® - r - I ~~ c e iw :,ia ,~ d~ Ir'~~V __ ~_ -~<.,;~~ i i Nr P~a_'ore :~ ,~.~~ r TYPICAL SUPPER SECTION PLANT PALETTE ~m~ .~,.a..,,.e.oA .»:~ ~() J ~ .:~ .._....."ars`~ Ba E o ~- LANDSGA?E ~AL~ULATIONS- ' ~~'~® ~A~ ~_ Exhibit A CITY OF MERIDIAN PL?DEPARTMENT STAFF REPORT FOR TIC HE~G DATE OF NOVEMBER 8, 2006 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 ANNEXATION COMMENTS 1.1.1 Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner(s) (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate this process. 1.1.2 The annexation legal description submitted with the application (dated February 21, 2006, stamped by Charles Harder, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 1.1.3 Any future subdivision, uses, and construction on this property shall comply with the City of Meridian ordinances in effect at the time of permit submittal. 1.1.4 Access to Chinden Boulevard shall be prohibited for this site. The applicant shall be required to dedicate the right-of--way, construct landscaping, pathway(s), and noise mitigation along Chinden Boulevard, as required by ITD and the City of Meridian. 1.1.5 rovide a utility easement to the Ja icek nronerty o he northea :make ad itiona andscane improvements to the wet ide of Ramb in on and enter in o a icen e agreement_ for said imnrovements with ACS: and that a more formal entry be made a the entrance to this develonment. 1.2 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT 1.2.1 The preliminary plat labeled as Sheets 1.0 and 2.0, prepazed by W & H Pacific, dated September 20, 2006, is approved, with the conditions listed herein. All comments and provisions of the accompanying Annexation and Zoning application (AZ-06-032) and future development agreement shall also be considered conditions of the Preliminary Plat (PP-06-032). 1.2.2 The landscape plan prepazed by Jensen Belts, on 10-30-06, is approved with the following modifications/notes e~-cl~ai~end-e~-~~e~8~leel~3-a$d-tie ...i 1.., 41.., A ....1'.,....4 .. _ R? a pond on Lot 8. Block 5 is an irrigation pond. not a storm drain non • Provide 2.17 acres (7.71% of the site) for common open space. • Provide a 35-foot wide landscape street buffer along Chinden Boulevazd as depicted. The landscape buffer along the street shall be designed in accordance with UDC 11-3B-7 and UDC 11-3H-4C&D. • Provide a 6-foot tall solid fence and noise abatement, in accordance with UDC 11-3H- 4D, along Chinden Boulevazd. • Provide a micro path connection through Lot 18, Block 1. Provide landscaping in compliance with UDC 11-3B-12, adjacent to the micro-paths. Provide fencing adjacent to micro-paths as required by UDC 11-3A-7A7a. • Construct a picnic shelter and any other amenties proposed during the public hearing process. • Coordinate a tree mitigation plan with Elroy Huff of the Meridian Parks Department. • A written certificate of completion shall be prepazed by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Council signature of the Final Plat. All standards of installation shall apply as listed in UDC 11-3B-14. Exhibit B CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEA~ DATE OF NOVEMBER 8, 2006 Submit a landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). 1.2.3 Place a note on the face of the final plat prohibiting access to Chinden Boulevard. Construct noise abatement in compliance with UDC 11-3-H-4D and ITD's design requirements adjacent to Chinden Boulevard. Construct a 35-foot wide street buffer and a 10-foot wide pathway adjacent to Chinden Boulevard. The applicant shall meet the Idaho Transportation Department's right-of- way dedication requirement of 100 feet from street centerline for Chinden Boulevard, the 35 foot landscape buffer shall not be included within this measurement. 1.2.4 Provide stub streets to Keego Springs Subdivision to the south and Bainbridge Subdivision to the east. Until a Meridian Fire Department approved secondary access can be provided to this site, no more than 50 homes shall be constructed. 1.2.5 Design Tamarak Street to comply with ACRD and the Meridian Fire Department's requirements for street section, right-of--way, emergency access and parking restrictions. 1.2.6 Construct Schwitzer Avenue, from Ramblin Court to Lookout Pass Street, along the western boundary of the site; provide continuous frontage to Parcel #87330160010 from Schwitzer Avenue. 1.2.7 Construct Brighton and Snow Basin, both private streets, to comply with the standards listed in UDC 11-3F. Parking shall be prohibited along the private streets. Obtain approval from the Ada County Street Name Committee for the private street names. Prior to signature of the final plat, the applicant shall provide documentation of a binding contract that establishes who is responsible for the repair and maintenance of the private streets. The private streets shall be depicted on the face of the final plat(s). The applicant shall redesign all entryways to private roads to meet the Fire Department's requirement of 28' inside / 48'outside turning radius. These changes would eliminate the tightness of the turning radius at all entrances to private roads to better accommodate emergency service vehicles. 1.2.8 If ACRD will not accept the proposed north-south alley bisecting Blocks 6 and 7, then the alley should be constructed in accordance with UDC 6C-3B5. Parking maybe allowed off of the alley, provided there is at least a 25-foot wide back up area (measured from the back of stall to back of stall). 1.2.9 All lots between 4,000 and 4,999 square feet shall either share driveways, or take access from a private street. Lots 13-15, Block 3; Lots 6-9, Block 9; and, Lots 29-32, Block 1, shall take access from common driveways. All of the lots adjacent to the common driveway shall maintain at least 10 feet of public street frontage (flag) and the common driveway easement should be depicted and explained on the face of the final plat. Place the building setbacks/envelopes and orientation of the lots and structures that use the common driveway on the face of the final plat. Building setbacks shall be measured from the edge of the common driveway easement or property lines, whichever is more restrictive. Provide atwo-car garage and a 20' x 20' parking pad on each lot. The asphalt for the common driveway shall not count towards the required parking pad area. Comply with all common driveway provisions listed in UDC 11-6C-3D. 1.2.10 The houses on Lots 13 and 14, Block 4, should be oriented to the east; the house on Lot 15, Block 4, should be oriented to the north; the houses on Lots 6-9, Block 9, should be oriented to the Exhibit B CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF NOVEMBER 8, 2006 north; and the houses on Lots 29-31, Block 1, should be oriented to the south, and the house on Lot 32, Block 1, should be oriented to the west, to match the yards of the adjacent lots. 1.2.11 All homes within the subdivision shall contain at least 1,200 square feet of living area, as proposed. 1.2.12 Maintenance of all common areas shall be the responsibility of the Trilogy Subdivision Homeowners Association. Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.2.13 Underground, pressurized irrigation must be provided to all lots within this development. 1.2.14 Because the existing structures span across proposed lot lines, all buildings should be removed or relocated, prior to signature of the final plat by the City Engineer. 1.2.15 The apAlicant shall yeas road trast with ACRD for a 5-foot wide sidewalk along Itamblin Court, east of Schweitzer Avenue The applicant shall widen the asuhalt on ltamblin Court, west of Schweitzer Avenue to at least 30 feet. as proposed °•'~°°° ~~-°-• °~---* + ~.~s:.. ••l•4 Af w$V ~$d1~LC~s cv~vnri v~avcnT GENERAL REQUIREMENT-PRELINIINNARYPLAT 1.3.1 Sidewalks/walkways shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.3.2 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.3.3 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 1.3.4 A detailed landscape plan, in compliance with the landscape and subdivision ordinance, and as noted in this report, shall be submitted for the subdivision with the final plat application. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. 1.3.5 The applicant shall submit a fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences shall taper down to 3 feet maximum within 20 feet of all right-of--way. All fencing should be installed in accordance with UDC 11-3A-7. Exhibit B CITY OF MERIDIAN PLASININ~PARTMENT STAFF REPORT FOR THE HEA~ DATE OF NOVEMBER 8, 2006 1.3.6 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.3.7 All irrigation ditches, laterals, or canals intersecting, crossing, or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6, unless otherwise approved by the appropriate Irrigation District. Plans will need to be approved by said irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.3.8 Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.3.9 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via the future N. Black Cat Trunk. This property is currently not serviceable by the City of Meridian's sanitary sewer system and the City of Meridian does not guarantee service in the timelines outlined in the UDC. 2.2 No "temporary" or "interim" lift stations shall be allowed on this site. 2.3 The applicant shall install a 4-inch service to the out-parcel (#SO427212500) and dedicate with the final plat a sanitary sewer service easement along an interior lot line to protect this service. 2.4 Water service is being proposed via extension of future mains in N. Black Cat Road and connections to planned mains in adjacent development. This property is currently not serviceable by the City of Meridian's potable water system and the City of Meridian does not guarantee service in the timelines outlined in the UDC. 2.5 The applicant shall be required to upsize the water main to 12-inch from Black Cat through W. Ramblin Court, up Schwitzer, to the northerly most road Lookout Pass St., then to the stub street to the Bainbridge Subdivision. 2.6 The master sewer plan shows an 18-inch trunk routing through this property. The applicant shall coordinate with the Public Works Department the routing for this trunk prior to construction plan submittal. 2.7 The applicant shall install water and sewer mains to and through this site; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.8 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.9 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.10 The applicant has indicated Settlers will own and operate the pressure irrigation system in this proposed development. Therefore a letter of plan approval from Settlers shall be submitted prior Exhibit B CITY OF MERIDIAN PLAS~]PARTMENT STAFF REPORT FOR THE G DATE OF NOVEMBERS, 2006 to construction plan approval. 2.11 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.12 Any water meters located in common driveways shall be constructed of upgraded materials per City of Meridian Standazd Specifications. 2.13 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.14 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.15 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the azea being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.16 The applicant has not indicated how the storm drainage from the proposed private streets will be disposed. A drainage plan designed by a State of Idaho licensed azchitect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking azeas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.17 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.18 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.19 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.20 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 2.21 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.22 Applicant shall be responsible for application and compliance with and NPDES Permitting that Exhibit B CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE DATE OF NOVEMBERS, 2006 maybe required by the Environmental Protection Agency. 2.23 Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. 2.24 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewalks the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.25 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.26 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.27 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. Height for 100 watt fixtures is 25-feet, height for 250 watt fixtures is 30-feet. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity aze determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. FIItE DEPARTMENT 1. One and two family dwellings will require afire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 2. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %z" outlet face the main street or pazking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 4. The phasing plan may require that any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. 5. All entrance and internal roads and alleys shall have a fuming radius of 28' inside and 48' outside radius. 6. All common driveways shall be straight or have a fuming radius of 28' inside and 48' outside and shall have a cleaz driving surface which is 20' wide. 7. Provide a 20-foot wide Fire Lane for all internal roadways, including Tamazak Street and the private streets. All roadways shall be marked in accordance with Appendix D, Section D103.6 - Signs. 8. For all Fire Lanes, paint the curb red and provide signage "No Pazking Fire Lane". Exhibit B CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAL DATE OF NOVEMBER 8, 2006 9. Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 10. To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The two entrances should be separated by no less than'/z the diagonal measurement of the full development. The applicant shall provide a stub street to the property to the west for future connection to Tamarak Street, and one to the east for future connection to Banner Ridge Street. Until a secondary access can be provided, no more than 50 homes shall be allowed within this development. 11. The proposed 148-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 420 residents at build out. 12. The Fire Dept. has concerns about the ability to address the project, specifically the lots to the south of Block 5 and those with common driveways, and have the addresses visible from the street which the project is addressed off of. Please contact the Public Works Dept. Addressing Specialist at 898-5500 to address this concern prior to the public hearing. 13. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route azound the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 14. Emergency response routes and fire lanes shall not be allowed to have speed bumps. 15. Alleys that serve mews shall be at least 24' wide. 4. POLICE DEPARTMENT 1. Blocks one, four, and six create residences that will be isolated from their surrounding neighbors. Such azeas have an increased crime potential. Prior to the next public hearing, the applicant shall work with the Police Chief and/or Planning Staff to revise the platlsite plan such that the houses/dwelling units in the general azea are oriented towazd one another and encourage interaction between more neighbors. The site plan shall be revised in accord with those discussions. 5. PARKS DEPARTMENT 1. Pathway and Trail standazds: The proposed pathway and/or trail shall be constructed in accordance with the Meridian Park Department's requirements. 2. Standard for City to assume Maintenance of a section of Pathway: The pathway must connect from one major arterial to another, and either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. 3. Standard for Mitigation of trees: The standazd established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 4. Standazd Plan for Protection of Existing Trees during Construction: The standazd established in the City of Meridian Landscape Ordinance (IJDC 11-3B-10) will be followed. Exhibit B CITY OF MERIDIAN PLA~NNIN~PARTMENT STAFF REPORT FOR THE HEA~ DATE OF NOVEMBER 8, 2006 6. SANITARY SERVICE COMPANY 1. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. 2. SSC will not provide trash pick-up services utilizing the common driveway. The developer shall install a concrete pad at the end of the common drive no more than five (5) feet behind the sidewalk. The pad shall be of sufficient area to accommodate the receptacles of the residences that take access from the common driveway. 7. ADA COUNTY HIGHWAY DISTRICT 1. Comply with requirements of TTD and the City of Meridian for the SH HWY 20/26 frontage. Submit a letter to the District from IT'D regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. 2. Construct a southbound left turn bay and a north bound right turn lane and taper on Black Cat Road only if the warranted turn lanes can fit in the existing right-of--way. 3. Construct curb, gutter, and 5-foot attached concrete sidewalk on Ramblin Court only adjacent to the entrance road (Schwitzer Avenue) for approximately 20-feet to the east and to the west of the roadway. 4. Construct all internal local streets as a 33-foot street section (with local fire department approval) with curb, gutter, and attached 5-foot concrete sidewalk within 50-feet ofright-of--way. 5. Provide 29-foot street section on each side of the proposed center island. Any proposed landscape island/medians within the public right-of--way dedicated by this plat shall be owned and maintained by a homeowners association. Note of this are required on the final plat. The design should be approved by ACHD's Development staff. 6. Provide traffic calming (i.e. chokers, bulb-outs, traffic circles, etc.) along Lookout Pass Road. The applicant shall coordinate the location and design of the traffic calming devices with District Traffic Services staff. 7. Construct stub streets to the surrounding properties as identified below. Install a sign at the terminus of each roadway stating, "THIS ROAD WII.,L BE EXTENDED IN THE FUTURE." First stub street to the east, Banner Ridge Street, is proposed to be located 460-feet north of south east property line (measured property line to centerline). First stub street to the west, Tamarak Street, is proposed to be located 200-feet north of the south west property line (measured property line to centerline). Second stub street to the west, Lookout Pass Street, is proposed to be located 220-feet south of the north property line (measured property line to centerline). 8. Construct one roadway to intersect Ramblin Court located 270-feet east of the Black Cat/Ramblin Court intersection. 9. Construct two private roadways (Snow Basin Street and Brighton Street) to intersect the public roadway system approximately 600-feet north of the south property line and approximately 360- feet south of the north property line, as proposed. Exhibit B CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE DATE OF NOVEMBER 8, 2006 10. The applicant shall construct the one proposed north-south 16-foot alley as a private alley, not dedicated to the public. 11. Other than the access specifically approved with this application, direct lot access is prohibited to Chinden Blvd and shall be noted on the final plat. 12. Comply with all Standard Conditions of Approval. 8. CENTRAL DLSTRICT HEALTH DEPARTMENT 8.1 After written approval from appropriate entities are submitted, we can approve this proposal for central sewage and central water. 8.2 The following plans must be submitted to and approved by the Idaho Department of Health & welfare, Division of Environmental Quality: central sewage and central water. 8.3 Run-off is not to create a mosquito breeding problem. Exhibit B CITY OF MERIDIAN PLAN~i DEPARTMENT STAFF REPORT FOR THE I~TG DATE OF JULY 20, 2006 C. Legal Description anne9mtbn r°eg~ A t9ortlon of Lot 2, BbaA 1, Rambo 8ubdivblon end adjolNng west tih~n t3ottlevard (Slade Mphaay Ze end YHj Right of Way two parents ~ tarrd, th Brat paroa bed a pa6orr of Lot 2. Block 1, Rambo 8ubdivislon, located In the N 1!2 of fhe NIN 4/4 of t~ton 27, TOwreNp 4 Norftt Range 1 Weal Boise M9lridlan. Ada Ch ~r Boulevard lets Panel bang a of Ore ad1~~B Righ- ~ Way or West Highway 20 errd 26), move par0dularly described es fa0owa: ! Commerrohrg ar the 9/4 Cornar Lv Seolroas 27 and 26, Y monumerde0 by a 9/Y' Reber (No Cap) ~ a 4° pipe oaf (Corti Reoard, Irmtrumerd Number t~'1132~; Theriw Nortfi 00°28'03° Feel. and with dre wasterry ~e of 8eotlwr Z7, a distarroe of 2688.68 fear to a Pant on lire BoutharlY R~ of Way 6ne of weal Cttlnden Bouevard, ae shown on Idaho Transptv}B6ert pepmtrsenl plans titled Klan and Pretile ~ Proposed Fronld6l 938', erM ~hlo~ /13.169-0{9~, Ada 8 Cerryat Counties. Bye - S'epL F -3031(6), Payems, Cemm~ a Ada Courdba, p >~ iJ.B. z0, ~ a 30, l=emrai Rid Pm)aat tom. (revl~d Apra 2,1866), end es described 4r a ~ ~ wee, Boise Marar 1886°, 09HtiH938, Oratrumerrt Nttmbar 982294, Ada~~ W~Dead dated 08/'19H838, receded Ol/°28'03° West a dtsterroe of 40.00 feet from 1Canar ~ 9 ~ 3outA marqur9eritsd by a 2" dlarneler Ahmrbnvn Cap Atdontrmerd (Caner Record, IrretrurrmM Wrmlrer 98113284}; Ttwnoa South 69°19'96' East, ooOroWerrt wdh said soWtmly Rlghtaf Way Ilan of West Ctdnden tdorderard, a dtamn~ ~ 23721 rest to 8re POINT OF BE~tautlao, eats Pam or Begimdna being Ore rrortlrrrset oarlar of Lot 2 ark tl~ rwrOreast comer of Lot 1, tick 1, Rambo Submvtsbn, recorded 08PL411883, hrebt+mertt Number 8378034, Ada CauMy Recorder Records: 7'henea oomharmg South 89°18'18° East. cokroklent with sold snrmrerly Rlglrt ~ Way Rne or We& Chirp Boulevard erM Ore rror8larly Bne of t.ot 2, Blocs 1. fimntp tiubdlNsbn, a d of 9232.61 to tlra moat rreshstly comer of a pace) of land shorten on Record of Surrey 3122, Prpperty L&re AdJustrneN Burvey, re~rdad 07JY#1886, hrsbumem Number X012320, Ada Can0.y Ruder Records; Tf~ Seu6161°08'0~' ~ CDbrd Mph the ~,tl,weemriy ttrre d aeW pareei of Imfd. a diatarwe or 908.04 teak Thence South 71°21'90° East. aadlnuln8 wOh lien eoufhweetedy Bra of Bed parcel of Lsrsd, a d~tarroe of 104.68 feet to the easlaiy Ibte of Let Z, BlOOk 1, Rambo 6utre6v~lmr; Therm South 00°26'62° West oodwlderd w9h the easterly Bra ~ tat 2, g~ 1, Rambo Ssdxiir~n, a r of 1178.80 Teal to Ole ear0least ocmar ~ LoI 2, t~dr 1, Rarrrbe SutrdlWslon; Ttierroe North 88°18'44° Wes< omnadenl with Om most southeAy Ihm ~ tt# 2 Bloat 9, Rambo Subdlviebn. a ttlstmtos ~ 334.07 feet ro fhe most eouthmiy comer of L~ 2, Block 1, Rambo 3tPodNlslon; Therroe North 00°27'18' £~, Qant~mit with a westerly lire of Lot 2, Brit 1. Ranrtm Subd(rtsbn, a dtereerw ~ 929.88 feet uo err brterlw~+.rorrrer; Tike North 6s°78'Z:i' Wem, aobwidant vAth a s l4m or Lot 2, Bloatt 9, tiambo a d 01480.31 feet to fire southe~t trornar ~ Lot 4. Bkrdt 9, Rambo Thence tdoM 00°2938" ~ ward wi6r hie easterly Ikre d i.~ 4 ertd l.~ 3, t 1, Rambo '.,' ubdirffibn, a dleisnee of 347.78 feet ~ the trot ostler d t.~ 3, Bkrck 1, Rambo Strbdlvl; Timnaa North 68°34'32° blast otrkwiderrt wlOr Ore norOrerly Ikre of 1013. Bkrk 1, Ramlm ~ i~a d d 444.E few t0 a paM mr 6re r~ariY Rigid of Way ih>B a1 W~1 Tlrerrae owdbudrrg North 88°34'32' West oar~fardw~r Ora na9reAy Rtptd of Wayne et West Remfdbt Cant a dlsmrroe d 182.04 feet to the eadheast rmrrrer of tai 1, Blodt 1, Rambo SubdHlelorr, Exhibit C CITY OF MERIDIAN PLAN~C DEPARTMENT STAFF REPORT FOR THE KING DATE OF JULY 20, 2006 Therms North 00°28'03° F.aet, odrnl w4h a easterly lee at Lot 1, Block 1, Rambo s~divblon, a dl~noe of 804.71 teat to the Paiar ~ Btt3lNNQ1G. The area of Par~I Qne desormed above a appraxanafely 28.176 Auras. Bass of t~Inge ar awn NORTH, Idalw state Plarm Coardarete syetsrn, Went zoo. Paroei Two Cwrtmendng at the 1/4 Canner oormman to Seolarrw 27 arni 26, aurenay morwnrentee by a tlr Reber (No CeP) In a 4° pipe ~ (Comer Reoond, lneWmerd Number 8811328; Therms Nortly 00°28'03° Eas}, cdnddent w$A ttre wesaedy lace ~ 9~n 27, a d of zsse.ee teat to a pnmt a, the Y R~ht or way tare or west Chlnden Baulevmd, es ahrnrn Orr klalro Transportetlan Depmbnert plans tltled "Plan and Profile ~ Proposed FranWin Highway. 838°, artd d°P~rr as~dP-oNle~of Pr~1}, Ada 8 Canyon Camtlee, Bode - 8spl. F -3031 (6), Payette. Canyat 8 Ada Couruiaa, p ~U.S. 2a, 28 & 30. Federal Aki Pmfeat No. (revised Apr6 2, 18B9j, arb as desra0red to a ~~ to Base. Boise IV~IIh 18ti8". Right of Way Deed dated 08/11H839, recorded 08t95H 8.98. as;trumerd Number 182234, Ada Carrdyr Reeadm Records, said Polo! bealg 8or&h 00°29'03° west a dance of 40.00 feet 1FOrn the NW C~r~ 3eadon 27 (Higlnvay Stettin 581 a27.t10, as slmwn mr sett 1939 Highway Plmm~, aarenrry morrumenkeai by a 2° dta Atumhrum Cats 6Aorormard (Cortrer Reoard, InstNment Numbar 881134); Thettcs 3auth 88°18'18° ~. cabxkdant widr ¢eM southerly otwey dne oY west ChaMen Boulevard, a dlstanoa of 23721 teal #!a the POOVT OP BEt~ said Pobd d Beglnnarg b~ die nwlhsaest Darter of Lo12 and the rra@reast o! Lot 1. Ba>ok 1. Rambo ^~rbdh!islar, reocidded 08124/9883, InabumeM Number 8379034. Ada CauraY Reoader Records; Tner~ 00°4ty4a• ~, perper~oulm to 9ald souherly Right of way drre ~ west Chamen 19ouleverd, a dlatgnoe of 40.00 teak to a poaR on the survey carrlerlaro al~mmem ae shown on saai 18:79 Highway Plens, at oalauleked Highway Stetlan 883+86.14; Therms South 09°18'18' Fes, ooamkterd wdh dre survey oentert4re adgrmrard ~ shown on said 9838 t~dghway Plan6, a tllBartoe of 1232.61 test to a pond adouPmad Hlgfisay 81at1on 676+87.66; TFwrme Sautlr 00°40'44° Wei, perp to ~ Y Right' or way Iare ~ west Chlnden BarkwaPo, a dlsmrme ot40.00~~~~ ~ e pobd en aa~ ewtherly Rt9td of war lace of west chdaian . eafd t~ being ero mo,t reateAy Darner of a peroel of land shown on Record of Survey 3122, Properly l.are AdJlrabnerd Survey, recorded OTJ23/1M6. In~rumerd Number 8601 ~. Ads County Recorder Recede; Thenoa itlardl 89'°i9'10• West . ookwident with said cautlraly R~ht at way I6oe d weal CMroden 8oulevmd and the rwr6fedy lore of Lot 2, Book 1. Rambo Slrbdivleiarb a dl~rme of 1232.81fee1 iD the P004T OF BE391If9N0. Ttm area of ParoM Two deaor~d et>ove oon~ns apprp~dmatafr 1.132 Aces. The ~ area ~ Parcels Orm and Two car-baled oorrmare epprwdmepely 28.307 Acres. Basle of bearings ~ GRID NORTH, Idaho Smte Plane Coordinate Syslam, West Zones '~~ 8726 0 ~ Rt:~ APPRG ~~ ~ gY ~~' ~ ~r ', 2®®~ t1pENORtCy EPT~ Exhibit C CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE KING DATE OF JULY 20, 2006 SKETCH FOR PARCEL ONE d PARCJi~ OF LdND BEING d PORTION OF LOT 2, BLOCK Y, RAEeBO 5UBD1VIS10N, LOCdTED BV TAE NORTH 1/.2 OF TBE NIP 1/4 OF ~ 571CTI0N 271 T.'¢N%. R.1NI.,~/BQ.DIH ADA COUN47; IDdA~ 2O0B fYW Na2rH I.S.P.GS„ MESr ZQ+ME N.T.S. N.l2 COR, SEG 27 N !/4 COIF. SEG a7 fTID. Y AtW1. CAP FYO). J/e~ PIN b/1 J/p NEAO cox. REC. eDfrJaBe 11697 unNDIDV BcYU (arn J~-e91 ~97T2t$ 26e7.r8' coR. IefC. l~fl d 79x)195 ~588'19'1B E '- - - - 732198' _ _ ra2~s~' ~~>~B2.s9' ~ ~~ ~i, S3lti8 AB E 108.04' ~~ .~j'.~ S71'21'f0iE' 70438' ~ ~~~~ i ,~ s ~I I I~ ~ ~, ~I RAd4B0 SUBD I~ISI0A1 ~~ e ~ ~ ~~ ~~~ N8834$2'W (~ ;s w ~i m .~ -NBS'78'e N h b w r/e rnR ~ a7 cat aac 99rrJa95 u/ ~_~7~SCz. PACIFIC ..,,., 8726 ~aA~ o i ~oo~ ~NERIDIAPI PUBLIC WORKS DEPT. Exhibit C CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE G DATE OF JULY 20, 2006 tss~o~ m m ~ ~ ~y OR 69Y8+s18 'V1S yJ~~ o s`,O o ~~ ~ ~~ ~ ~ ~~~'~~' ~ sip ~~ ~~ ~ ~ ~- ~ ~~ -~ ~ o O o $ ~ _ ~. ~ ~~ ~* ~ ~ ~ ~ ~ o ~ ~ ~~ ~ ~ a ,~ ~ ~ ~~„ O 4 ~, ~ ~ ~ ~ ~ ~, o ~ , ~ ~ ~ ~ C-+ a ~ ~~ ~ ~ N ~ a--~ ~o ~ it E8+C8s rocs "' ~ CJ N Pmd z ~ ~~ N ~~ti ~ ~~ ~. w ~ ~~ ~o~s~ 3~z~ ~L ~ ,00 04 Q~TOlI .LYJ ]f9V18 $L80N ~~ d' a -., a y cr o ~ ~ ~s Exhibit C CITY OF MERIDIAN PLA1~G DEPARTMENT STAFF REPORT FOR THE G DATE OF JULY 20, 2006 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to R-8. City Council finds that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of this Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; City Council finds that single-family residential uses aze allowed within the requested zoning district of R-8 as a Principally Permitted Use. The accompanying plat demonstrates the land will be developed with varying lot sizes and other dimensional requirements which conform to the proposed zoning designation. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfaze. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, City Council finds that the proposed zoning amendment will not result in any adverse impact upon delivery of services by any political subdivision providing services to this site, as conditioned in the staff report. 5. The annexation is in the best of interest of the City (UDC 11-5B-3.E). City Council finds that all essential services will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan; and this is a logical expansion of the City limits. In accordance with the findings listed above, City Council finds that Annexation and Zoning of this ro erty to R-8would be in the best interest of the Cites 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; Exhibit D CITY OF MERIDIAN PLANi~i DEPARTMENT STAFF REPORT FOR THE I~.ING DATE OF JULY 20, 2006 City Council finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan. City Council supports the proposed density and proposed plat layout, with recommended changes, as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; City Council finds that public services can be made available to accommodate the proposed development. (See finding Items 3 and 4 above under Annexation Findings for more details.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their own cost, City Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., police, fire, ACRD, etc.) to determine this finding. (See Exhibit B, Agency Comments and Conditions, for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and City Council is not aware of any health, safety, or environmental problems associated with the development of this subdivision that should be brought to the Council's attention. ACRD considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unawaze. 6. The development preserves significant nataral, scenic or historic features. City Council is unaware of any natural, scenic, or historic features on this site. Therefore, City Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. 3. Private Street Findings: 1. The Design of the private street meets the requirements of this Article; Exhibit D CITY OF MERIDIAN PLA1v~G DEPARTMENT STAFF REPORT FOR THE KING DATE OF JiJLY 20, 2006 City Council finds that the design of the private streets meets the standards as set forth in UDC 11-3F-4. 2. Granting approval of the private street would not cause damage hazard, or nuisance, or other detriment to persons property, or uses in the vicinity; and City Council does not anticipate any hazard, nuisance or other detriment from the private streets if they are installed and maintained as designed, and comply with the UDC. 3. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan. City Council finds that the use and location of the proposed private streets will not conflict with the comprehensive plan or the regional transportation plan. Exhibit D Date: November 17, 2006 PP 06-032 MERIDIAN CITY COUNCIL MEETING November 21, 2006 APPLICANT Conger Management Group ITEM NO. S-D REQUEST Findings for Approval -Request for Preliminary Plat approval of 148 single family lots and 14 common /other lots including 2 private street lots on 28.17 acres in a proposed R-8 zone for Trilogy Subdivision -south of Chinden Blvd & e/o Black Cat AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See attach®d Findings Phone: Staff Initials: Materials presented at public meetings shall become property of the C(ty of MertdMn. ~~~?~` ~ ~ 200 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER c-~~crr' ~ri~ ;+aY~i r ~ '} y ` _ ~'. ~~ ~~ ~ ll3:iliGA ~~ ~, a ,~ 4ry. __Q~ Y~~yyY _.. In the Matter of Annexation and Zoning of 29.31 acres from RUT to R-8 AND Preliminary Plat approval for 145 single-family building lots, 12 common lots, 4 private street lots, and 1 future right-of-way lot for Trilogy Subdivision, by Conger Management Group. Case No(s). AZ-06-032 and PP-06-032 For the City Council Hearing Date of: November 8, 2006 (Findings on the November 21, 2006 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of November 8, 2006 incorporated by reference) Z. Process Facts (see attached Staff Report for the hearing date of November 8, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of November 8, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of November 8, 2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-032 and PP-06-032 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, Landscape Plan, and the Conditions of Approval all in the attached Staff Report for the hearing date of November 8, 2006 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated September 20, 2006 is hereby conditionally approved; 2. The following modifications to the Staff Report were made at the City Council hearing: That additional Development Ageeement provisions be added that require the applicant to: provide a utility easement to the Janicek property to the northeast; that the applicant make additional landscape improvements to the west side of Ramblin Court and enter into a license agreement for said improvements with ACHD: and that a more formal entry be made at the entrance to this development (from Ramblin Courtl. 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of November 8, 2006 incorporated by reference. D. Notice of Applicable Time Limits Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-032 and PP-06-032 submitted within successive intervals of eighteen (18) months, maybe considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B- 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of November 8, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-032 and PP-06-032 • • t~' By a ion of the City Council at its regular meeting held on the Zl ~ day of 2006. COUNCIL MEMBER SHAUN WARDLE VOTED__~~~~ COUNCIL MEMBER JOE BORTON VOTED__ C~~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED__~~W COUNCIL MEMBER KEITH BIltD VOTED__Z~~ TIE BREAKER ~- MAYOR TAMMY de WEERD VOTED VV ` -,lie WEERD \a\ ~~ ~~~ JJS,'i ATTEST: ~ p~® ; ~_ ~~j v - ~ ~~~~ WILLIAM G. BERG, JR., C CLE =-'7 ~ ~ ~o ~ T'$~ ~a i ~ 1 yoy'/~~~0~s~~ios~i~ eaatio~eaq~'~~~~Ae Copy served upon: ~ Applicant •~ Planning Department ~ Public Works Department ~ City Attorney By: Dated: ~ 1-24°~? Ity Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-032 and PP-06-032 CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE HEA~G DATE OF NOVEMBER 8, 2006 STAFF REPORT Hearing Date: 11-8-06 TO: Mayor & City Council FROM: Caleb Hood Meridian Planning Department 884-5533 SUBJECT: Trilogy Subdivision • AZ-06-032 ;,,, s €'rr+~ :,~ ~K ~ 1, ~ I. ~ ~, ua:at~ca f ~F~t Annexation and Zoning of 29.31 acres from RUT (Ada County) to R-8 (Medium Density Residential) zone • PP-06-032 Preliminary Plat of 145 single-family building lots, 12 common lots, 4 private street lots, and 1 future right-of--way lot on 28.17 acres, in a proposed R-8 zone 1. SiJNIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The subject applications were scheduled for the July 20, 2006 Planning & Zoning Commission hearing. Prior to the hearing, the applicant requested that this project be continued so they could revise the project. The applicant has revised the proposed Preliminary Plat by incorporating changes recommended by Staff in the Staff Report for the July 20, 2006 Commission meeting._The applicant, Conger Management Group, has applied for Annexation and Zoning (AZ) of 29.31 acres from RUT (Ada County) to R-8 (Medium Density Residential) and Preliminary Plat approval of 145 single family residential lots, 12 common lots, 4 private street lots, and 1 future right-of--way lot for Trilogy Subdivision. The site is located on the south side of Chinden Boulevard, approximately 250-feet east of Black Cat Road. This area is commonly known as Lot 2, Block 1, Rambo Subdivision. Rambo Subdivision is aCounty-approved plat that was recorded in 1993, with the subject lot being the deed restricted open space lot. The subject site is within the City's Area of Impact and Urban Service Planning Area. 2. SUMMARY RECOMMENDATION The subject applications (AZ-06-032 and PP-06-032) were submitted to the Planning Department for concurrent review. Staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation and Zoning and Preliminary Plat applications. Staff is recommending approval of the proposed Trilogy Subdivision subject to the conditions listed in Exhibit B of the Staff Report. The Meridian Planning and Zoning Commission heard these items on July 20~` AuQUSt 31st and October St'' ...,..~ .. ., ~. , -ih ,. .. .-. a. Summary of Commission Public Hearin i. In favor: Dave McKinnon ii. In opposition: None iii. Commenting. None iv. Written testimony received: None v. Staffpresenting~plication: Caleb Hood vi. Other staff commenting on application: None b. Key Issues of Discussion by Commission: i. Sidewalk and asphalt improvements along Ramblin Court; and Trilogy Subdivision AZ-06-032, PP-06-032 PAGE 1 CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HEA~G DATE OF NOVEMBER 8, 2006 ii. Location of Schwitzer Avenue so the adjacent property can use effectively c. Key Commission Changes to Staff Recommendation: i. Required the applicant to road trust for the sidewallc on Ramblin Court east of Schwitzer Avenue, and widen the pavement to at least 30 feet west of Schwitzer Avenue. d. Outstanding Issue(s) for City Council: i. The revised landscape plan now shows a large stormwater detention pond in Lot 8, Block 5. This pond is not consistent with the previous landscape plan and has a si~ificant effect on the amount of qualified open space provided with this ro' ect. ii. The applicant should be required to construct Schwitzer Avenue to their west property line, from Ramblin Court to Lookout Pass (it still does not appear that the risht-of--way is directly adjacent to the west property line -potential spite stri ;~ i. In favor: Dave McKinnon ii. In opposition: Aneela Brown Brian Carrico Margaret Carrico iii. Commenting: Brad Janicek iv. Written testimony: None v. Staffpresentin~ application: Anna Borchers Canning vi. Other staff commentine on application• None 1L ev Issues of Discussion by oLnc'1: i. -Improvements to Ramblin Court: ii. - Housing products: iii. - Providing utility easement to Janicek property along Chinden oulevar iv. -Improvements to the main entrance ~, ev Counc'1 hap ec t o mic. ion Recomm ndation• i. -Development Agreement reauirine that the applicant provide a utility easement to the Janicek property to the northeast: hat the applicant make additional landscape improvements to the west side of Ramblin Court and enter into a license ageement for said improvements with ACHD• and that a more formal entry be made at the entrance to this development. 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ- 06-032 and PP-06-032 as presented in the staff report for the hearing date of November 8, 2006, with the following modifications to the conditions of approval: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-06- 032 and PP-06-032 as presented during the hearing on November 8, 2006, for the following reasons: (State specific reasons for denial of the annexation and/or preliminary plat request.) Trilogy Subdivision AZ-06-032, PP-06-032 PAGE 2 CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEA~G DATE OF NOVEMBER 8, 2006 Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers AZ-06-032 and PP-06-032 to the hearing date of (insert continued hearing date here) for the following reason(s): (State specific reason(s) for a continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: East of Black Cat Road and South of Chinden Boulevard / 4325 Chinden Boulevard Section 27, T4N, R1W b. Owner: Dyver Development 1977 E. Overland Road Meridian, ID 83642 c. Applicant: Conger Management Group 405 S. 8~` Street, Suite 290 Boise, ID 83702 d. Representative: David McKinnon, Conger Management Group e. Present Zoning: RiTT (Ada County) f. Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: 1. Date of Preliminary Plat (attached in Exhibit A): September 20, 2006 2. Date of Landscape Plan (attached in Exhibit A): October 30.2006 h. Applicant's Statement/Justification: The proposed overall density (5.1 dwellings per acre) of the project complies with the City's designation of Medium Density Residential R-8 which allows for densities of up to 8 dwellings per acre. The subdivision will provide large open spaces and a mix of housing types including a common mew, attached single family dwellings, and detached single family dwellings. 5. PROCESS FACTS a. The subject application will in fact constitute an annexation and/or rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: July 3, 2006, and July 17, 2006 (for P& Z Commission), and October 16 and 30, 2006 for City Council) d. Radius notices mailed to properties within 300 feet on: June 23, 2006 (for P & Z Commission), and October 13, 2006 (for City Council) Trilogy Subdivision AZ-06-032, PP-06-032 PAGE 3 CITY OF MERIDIAN PLANNI~PARTMENT STAFF REPORT FOR THE HEA~ DATE OF NOVEMBER S, 2006 e. Applicant posted notice on site by: July 10, 2006 (for P & Z Commission), and October 30, 2006 (for City Council) 6. LAND USE a. Existing Land Use(s): Existing home, several outbuildings, and vacant land. All existing structures will be removed from the site. b. Description of Character of Surrounding Area: A mix of single family residential and vacant agricultural land, some of which has recently been proposed for residential development. c. Adjacent Land Use and Zoning: 1. North: Residential and Agriculture, zoned RR (Ada County). 2. East: Proposed Bainbridge Subdivision, zoned R-8. 3. South: Residential and Agriculture/Proposed Keego Springs Subdivision, zoned RUT (Ada County)/R-8. 4. West: Residential and Agriculture, zoned RUT (Ada County). d. History of Previous Actions: N/A e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: This property is master planned to sewer to the future North Black Cat trunk. It is not currently serviceable. Location of water: This property would receive water from future mains in N. Black Cat Road and future stubs from approved nearby development. Issues or concerns: This property is currently not serviceable by the City of Meridian's sewer or water system. Upsizing of sewer and water mains through this site. 2. Vegetation: Primarily agriculture. Existing trees will be retained or relocated on site. 3. Flood plain: N/A 4. Canals/Ditches/Irrigation: The preliminary plat shows a number of ditches around the edges of this development. 5. Hazards: N/A 6. Proposed Zoning: R-8 7. Size of Property: 29.31 acres f. Subdivision Plat Information: 1. Residential Lots: 145 2. Non-residential Lots: 0 3. Total Building Lots: 145 4. Common Lots: 12 5. Other Lots: 5 (4 private street lots and 1 future right-of--way lot) 6. Total Lots: 162 Trilogy Subdivision AZ-06-032, PP-06-032 PAGE 4 CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEA DATE OF NOVEMBER 8, 2006 7. Open Lots: 0 8. Residential Area: 28.17 acres 9. Gross Density: 5.1 units per acre 10. Lot Sizes: Lot sizes range from 4,000 square feet to 9,200 square feet. The average lot size is approximately 5,000 square feet. g. Landscaping: 1. Width of street buffer(s): As per the Future Land Use Map, Chinden Boulevard is designated as "Entryway Corridors." The UDC (Table 11-2A-5) requires a 35-foot wide street buffer adjacent to Entryway Corridors. The landscape plan proposes a 35- foot wide landscape buffer along Chinden Boulevard. 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: 2.17 acres (7.71 %) 4. Other landscaping standards: Landscaping adjacent to micro-paths should comply with UDC 11-3B-12. Common, open-space lots should include at least one deciduous shade tree per 8,000 square feet (UDC 11-3G-3-E2). h. Proposed and Required Non-Residential Setbacks: Per the R-8 zone for attached and detached single family dwellings. i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The sole access to the development will be from an existing public street, Ramblin Court, that connects with N. Black Cat Road. Additionally, two stub streets will be constructed to connect with future residential subdivisions; one at the east property line to access Bainbridge Subdivision, and one to the southwest to access Keego Springs Subdivision. Four 24-foot wide private streets are proposed within Blocks 6 and 7, which contain rear-loaded garages. There is a proposed public alley that bisects the private streets. ACFID has required that this north-south alley be private. If the alley is private, then it should be constructed in accordance with UDC 6C-3B5. 7. COMMENTS MEETING On June 30, 2006, Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. S. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain single family residences at densities of three to eight dwellings per acre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 145 residential building lots on 28.17 acres for a gross density of 5.11 dwelling units/acre. The gross density is within the range outlined in the Comprehensive Plan, staff finds that the proposed development is in general compliance with the Comprehensive Plan. The following Comprehensive Plan policies apply to this application: • Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. Trilogy Subdivision AZ-06-032, PP-06-032 PAGE 5 CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEA~G DATE OF NOVEMBER S, 2006 When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner • Sanitary sewer and water service will be extended to the project at the developer s expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed, the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACFID). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter VI, Goal II, Objective A, Action 3 -Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land-use decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Staff believes that the subject applications comply with the policies listed in the literature noted above. • Chapter VI, Goal II, Objective A, Action 5 -Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. Staff is supportive of the proposed pedestrian connections to future adjacent subdivisions, via stub streets. • Chapter VII, Goal IV, Objective C, Action 1 -Protect existing residential properties from incompatible land use development on adjacent parcels. The applicant is proposing a residential zone. Staff finds that the proposed developments to the east and southwest are compatible with the proposed development, and that the existing residences to the southwest have been buffered with appropriately sized lots. Chapter VII, Goal IV, Objective C, Action 10 - Support a variety of residential categories (low-, medium-, and high-density single family, multi-family, townhouses, duplexes, Trilogy Subdivision AZ-06-032, PP-06-032 PAGE 6 CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEA~ DATE OF NOVEMBER 8, 2006 apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. The subject application includes a request for the R-8 zone. Staff fznds that the requested zoning designation contributes to the variety of residential zoning categories in this area and is generally consistent with the Comprehensive Plan designation for this site. • Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow (Chapter VI, Goal II, Objective A, Action 6) Two stub streets have been proposed to connect with the previously approve Bainbridge and Keego Springs developments. These properties have been proposed to be developed in a manner similar to the subject parcel. In addition, the applicant is now proposing to construct Schwitzer Avenue along the west property line so that the undeveloped property to the west can efficiently re-develop with front-on housing. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2A-2 lists single-family, two-family (duplex), and townhouse developments as a Permitted Use in the R-8 zone. b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation ANNEXATION ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Unified Development Code, staff believes that this is a good location for the proposed single-family development. Please see Exhibit D for detailed analysis of the required facts and findings for annexation. The annexation legal description submitted with the application (prepared on February 21, 2006, by Charles Hardes, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. A Development Agreement (DA) will be required as part of annexation of this property. Prior to annexation approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate this process. The DA shall include the following: The applicant will be responsible for .all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. Trilogy Subdivision AZ-06-032, PP-06-032 PAGE 7 CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEA~ DATE OF NOVEMBER 8, 2006 • All future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • Access to Chinden Boulevard shall be prohibited for this site. The applicant shall be required to dedicate the right-of--way, construct landscaping, a pathway, and noise mitigation along Chinden Boulevard, as required by TTD and the City of Meridian. • rovide a utility easement to the Janicek property to the northeast• make addition l landscape improvements to the_west side of Ramblin Court and enter into a license agreement for said improvements with ACHD• and that a more formal ent_ be made at the entrance to this development. PRELINIINARY PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Unified Development Code, staff believes that this is a good location for the proposed single-family residential products. Please see Exhibit D for detailed analysis of facts and findings for a preliminary plat. Access: Chinden Boulevard is a state highway. UDC 11-3H-4B prohibits access to state highways at locations other than at section line roads, or at the %Z mile between sections. The existing access to Chinden Boulevard should be abandoned. Further, a note should be placed on the face of the plat prohibiting direct lot access to Chinden Boulevard. The applicant should be required to construct noise abatement in compliance with UDC 11- 3H-4D and TTD's design requirements adjacent to the residential uses. The applicant should dedicate right-of--way, in accordance with TTD's requirements, to allow for future highway expansion (100-feet from centerline proposed). The applicant should construct a 10-foot wide pathway along Chinden Boulevard (not currently shown on the plans)(see UDC 11-3H-4C3). Ramblin Court, a public street, is proposed as the sole access to serve the 145 proposed homes within the subdivision. In addition, stub streets are proposed to the recently approved Keego Springs Subdivision to the south and Bainbridge Subdivision to the east. Once the subdivisions to the south and east develop, alternative accesses onto Chinden Boulevard, Black Cat Road, and Ten Mile Road will be provided to the residents in this area. However, until secondary access can be provided to this site, the Meridian Fire Department is limiting residential construction to 50 homes. See Exhibit B for all comments and conditions from the Fire Department. All of the internal streets, except for the private streets and Tamarak Street (southeast corner of the development), are proposed with a 33-foot street sections and 5-foot wide attached sidewalks. Portions of Tamarak Street are proposed as 29-feet wide (measured back-of--curb to back-of--curb) within a 42-foot wide right-of--way. 2. Schwitzer Avenue: During the pre-application meetings with the applicant, staff directed the applicant to construct the main entrance into the development, Schwitzer Avenue, along the west property line. After ACHD acquires right-of--way for Black Cat Road (48- Trilogy Subdivision AZ-06-032, PP-06-032 PAGE 8 CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAL DATE OF NOVEMBER 8, 2006 feet from centerline), and the owner of Parcel #87330160010 constructs a street buffer (35-feet wide), there will only be about 145 feet of remaining depth for the pazcel, which is approximately 3 acres in size. This remainder depth is not sufficient to develop a street with lots on both sides. Therefore, it is critical for the redevelopment of Parcel #87330160010 that Schwitzer Avenue be constructed, from Ramblin Court to Lookout Pass Street, along the western boundary of the subject site, as proposed with the revised preliminary plat. 3. Private Streets: Four private streets are proposed within this development. The proposed private streets will serve as access to the lots within Block 6 and 7. The applicant has submitted a Private Street application as required by UDC 11-3F-3. The applicant shall design and construct the private streets in compliance with the standards listed for Private Streets in UDC 11-3F, Private Streets. The applicant is proposing to construct a 24-foot wide improved azea for the private streets (22 feet of paving and 1 foot of ribbon curb on each side.) Staff is supportive of the proposed private streets. (Please see the required private street findings in Exhibit D.) The proposed private streets are bisected by a north-south alley. The proposed alley is 16- feet wide. The ACHD has stated that they do not want to accept or maintain this proposed alley. If the alley is indeed private, then it should be constructed in accordance with UDC 6C-3B5. No on-street parking shall be allowed along the two private streets, Brighton and Snow Basin, but may be allowed off of the alley. Vehicles shall be parked in garages, driveways, in the parking lots off of the alley, or along public roads within the subdivision. The private roads shall be signed as "No Parking" per the Meridian Fire Department's comments. 4. Common Driveway Three common driveways and several shazed driveways, which are not shown on the plat, are proposed within this development. The UDC allows R-8 zoned lots shazing a common driveway, or that are access from analley/private street, to be a minimum of 4,000 square feet. There aze 38 lots that must be paired, sharing a driveway. Further, Lots 13-15, Block 3; Lots 6-9, Block 9; and, Lots 29-32, Block 1, shall take access from common driveways. UDC 11-6C-3D7 requires setbacks, building envelopes, and orientation of the lots and structures to be shown on the plat; building setbacks should be measured from the edge of the common driveway easement or property lines, whichever is more restrictive. Further, UDC 11-3C-6 requires every single-family dwelling to have atwo-car gazage and a 20' x 20' parking pad on the lot. The asphalt/concrete for the common driveway should not count towazds the required parking pad azea. Comply with all common driveway provisions listed in UDC 11-6C- 3D. NOTE: There are five lots that are adjacent to the common driveway in Block 9. The UDC allows a maximum of four dwellings to share a driveway, and all lots abutting a common driveway are to take access from the driveway. Staff recommends that the location of the common driveway easement for Lots 6-9, Block 9, should be shifted 5-feet to the south so that Lot 10 is not adjacent to the driveway. 5. House Orientation: Staff has concerns about the orientation of the houses on the lots using common driveways. Generally, when reviewing the layout of a plat, staff likes for like yards to match (e.g. -side yard of one lot to abut the side yard of another.) With the configuration of the common driveways, staff recommends that the orientation of the Trilogy Subdivision AZ-06-032, PP-06-032 PAGE 9 CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE HEA~G DATE OF NOVEMBER 8, 2006 houses on these lots be restricted. Staff recommends that the houses on Lots 13 and 14, Block 4, should be oriented to the east; the house on Lot 15, Block 4, should be oriented to the north; the houses on Lots 6-9, Block 9, should be oriented to the north; and the houses on Lots 29-31, Block 1, should be oriented to the south, and the house on Lot 32, Block 1, should be oriented to the west, to match the yards of the adjacent lots. 6. Pressure Irri atg ion: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 7. Fencing: Except along Chinden Boulevard where a 6-foot tall fence is proposed, perimeter fencing is not shown on the submitted landscape plan or preliminary plat. The applicant has testified that a 6-foot tall cedar fence will be constructed around the perimeter of the development (shown on the revised landscape plan as welll Fencing adjacent to all micro-paths is required. The applicant should submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All perimeter fencing must be completed prior to issuance of building permits. All fencing should taper down to a 3 foot maximum within 20 feet of all rights-of--way. Fencing shall be installed in accordance with UDC 11-3A-7. 8. Ditches, Laterals, and Canals: As per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided shall be covered. 9. Landscaping The landscape plan prepared by South Landscape Architecture, P.C., on 4- 12-06, labeled Sheet L1.0 - L1.3 is approved with the following modifications/notes: • Provide a 35-foot wide landscape street buffer along Chinden Boulevard as depicted. The landscape buffer along the street shall be designed in accordance with UDC 11-3B-7 and UDC 11-3H-4C&D. • Provide noise abatement, in accordance with UDC 11-3H-4D, along Chinden Boulevard. Provide a micro-path connection through Lot 18, Block 1. Provide landscaping in compliance with UDC 11-3B-12, adjacent to the micro-paths. A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Council signature of the Final Plat. All standards of installation shall apply as listed in UDC 11-3B-14. Submit a landscape plan, reflecting the changes/notes mentioned above, with the fmal plat application(s). Trilogy Subdivision AZ-06-032, PP-06-032 PAGE 10 CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEA~G DATE OF NOVEMBER 8, 2006 Landscape Buffer along Chinden Boulevard• Chinden Boulevard, adjacent to the property, is classified as an Entryway Corridor on the 2002 Future Land Use Map, and requires a 35-foot landscape buffer per UDC 11-2A-5. The applicant has proposed to construct a 35-foot wide landscape buffer along Chinden Boulevard, located outside of the future 100 foot right-of--way for the highway. There is approximately 55 additional feet that will be improved with grass, until ITD purchases it for the widening of Chinden Boulevazd. This proposal meets the 35 foot minimum landscape buffer requirement and accommodates the 55 feet of additional azea needed by ITD for future roadway expansion (see Landscaping above.) 10. Common Areas: All common lots which are approved as open space and will function as drainage areas shall be vegetated and usable by residents. Maintenance of all common areas shall be the responsibility of the Trilogy Homeowners Association. 11. Open Space/Amenities: Originally the applicant was proposing to set aside 2.51 acres (8.91 % of the property) for open space. The revised plan shows 2.17 acres of open space, and the open space is configured quite differently. Staff is supportive of the revised design as it centralizes the larger open space areas, and provides good access for all of the residents. The applicant has two large common areas that aze centrally located within the subdivision. Pedestrian pathways (micro-paths) and a picnic shelter aze a part of the open space design, as well. The revised landscape Ulan shows a large storm water detention facility where open space was previously shown (Lot 8 Block This chance has a significant impact on the percentage of this site being set aside for useable open space. Staff recommends that the applicant eznlain this change and that the Council determine if the chance is appropriate. 12. Micro-paths: In the applicant's submittal letter, he states that a pathway connection from Chinden Boulevard will be provided into the development. However, this pedestrian path is not shown on the plans. Staff believes that amicro-path from Chinden Boulevard into this site should be provided (on Lot 18, Block 1). All micro-paths shall be constructed in accordance with UDC 11-3A-8. Landscaping adjacent to all micro-paths should comply with UDC 11-3B. 13. Tree Miti atg ion: There are large trees on the site which the applicant is proposing to remove or relocate. 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 those removed. Required landscaping trees will not be considered as replacement trees for those that are removed. The applicant should coordinate a mitigation plan with Ekoy Huff at the Meridian Parks Department. 14. Existing Structures: The site currently contains multiple buildings. Because the existing structures span across proposed lot lines, all buildings should be removed or relocated, prior to signature of the final plat by the City Engineer. 15. Sidewalk: UDC 11-3A-17D requires sidewalks on both sides of public streets. Rambin Street is currently improved with pavement only. The applicant is not proposing to construct sidewalk along Ramblin Court, where the property is adjacent to the existing right-of--way. Staff believes that the large lots in Rambo Subdivision will re-develop in the future. When these properties redevelop the City will look to acquire sidewalk along the portion of Ramblin Court that is being developed. Therefore, if a 5-foot wide concrete sidewalk is not required on Ramblin Court adjacent to this pazcel (adjacent to Lots 1-3, Trilogy Subdivision AZ-06-032, PP-06-032 PAGE 11 CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEA1~ DATE OF NOVEMBER 8, 2006 Block 5), there will be a gap in the sidewalk infrastructure. Staff recommends that the applicant be required to construct a 5-foot wide sidewalk along Ramblin Court, where they abut the existing right-of--way. The Plannine & Zoning Commission required the applicant to road trust, not construct the sidewalk along Ramblin Court east of Schwitzer Avenue. b. Staff Recommendation: Based on the above analysis, staff fmds the AZ/PP/PS applications substantially conform to the Comprehensive Plan policies and UDC standards. As noted under the Conditions of Approval in Exhibit B, staff recommends residential construction be limited to SO lots until such time that at least one additional access to the subdivision can be provided via the Bainbridge or Keego Springs Subdivisions. (See Fire Department Development Review Comments and Requirements, Exhibit B) Staff recommends approval of the subject AZ/PP/PS applications with the conditions shown in Exhibit B. On October 5. 2006 the Meridian Planning & Zoning Commission voted to recommend approval of this oroiect. ~~Ohhn.~.~nnNppoppvember 8. 2006 he Meri ian City CoLnc~l vntprl to annrnva thie nrnin..t with 11. E~~ITS A. Drawings 1. Preliminary Plat (dated: September 20, 2006) 2. Landscape Plan (dated: October 30, 2006) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Central District Health Department C. Legal Description D. Required Findings from Unified Development Code Trilogy Subdivision AZ-06-032, PP-06-032 PAGE 12 CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEA)~ DATE OF NOVEMBER 8, 2006 A. Drawings 1. Preliminary Plat (Dated: September 20, 2006) ~;~:~< - ~~, ~9 ~, ~,. ~- ~~ r ~ 6 P d e ~, ~ i ~ ~: ~ ~~ a ~ ~fa& fl~ .. 3 ~ ~a '~~~ ~ ~~E~~1 ~ ~ ~ ~ ~~ ~ e~z~~a~[d s.a, ~ ~ ^ rvz.~e ~ ~~ i ~ `- -,a a4Y, ,lr.. _ _ V 1'~ ~ ; ~, ~' ®°'t $53;..s.- flffi,: $ c`-n i p 'G` ~ `,gy*p ~~ ~_ ~ 1 1 C3a.+~ ..~ s 1e _ ~^ a.rt _ ~1 p/~.~ ~ r~'r ~' tJ ~'" i ~/~q r.w. ~ :1. 1P'° 9 Aa.f'A- f l,~ ~ ~ ~ ~ I ~pf" { -{ ~° far '~ I-~y.~~ 4'~m i3 . ~t . ~~ e ~ pi4~~i.:°-~ ESQ °• ~.~ -r~jr ~ Ja- ~ '%~ ~ ~) ~< yr - ~: -_ -- = ~ t'~~~ ~ f ri ' - ~' ~. - M~ s'JrJ ~~I `~", ~ I ~- ~. ~~~ _$ ~ ~.,I p~..3 , ~ pf i ik cs,~~ ~ 'V ~ ie~~d~,j. .Jq sw -t emu, ~myd. ~ I~ ~~_, .- - a ~. d ~$ ~ r ~~- a ~ ~ ~~F ~ ~ ~ Y I ~9 a ~ n .. ~ ~ e.,~ ~~ t1 ~ ~ll~t a~B~ ~as~ ;~ 6~ ..- ~ ~ '' ~~i ~~;_fisa.: dt7a~3 t~le"'_.r, '°_ ~~ iY~ ~~ ~t`a ~ ~ il~~~ ~ ~_ _5 ~~I,I ;1~ ~~~ ~ s; >~~„~~ =~~ ~ ~ ~'~ ~( a ~~ .h~a a4(Cttr .ae i cRaR" ~ f,.,.ypn7yq, AM ~ YA +cB Exhibit A CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAL DATE OF NOVEMBER 8, 2006 Exhibit A CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAL DATE OF NOVEMBER 8, 2006 2. Landscape Plan (dated: October 30.20061 J~ 1 ~° :I ~_ °I c=un -= r~ ~ ~. ~~,Y CEDAR PICTURE PRAt+~ PENCE `v~~;//~< y° NOTES ,. ~y .:_ a i ~ ~a~~ ~ ~ , 2,~ TR2P PLANTING/STAKING A. b ~,~ ~ o,~.m,~ ~~P~ »..~.8 mw:m.m TRILOGY SUBDIVISION MERIDIAN, IDAHO C2B DEVELOPMENT ~~ - ~ o, ~ ± ~ r.,,a v I ......m,,,.~,,.. ~~~.. ~ TYPICAL BUf'PER SECTION e,e~o,:~~e o PLANT PALETTE e.W .' -- --- - J ~ ..w~e.~.o~oa. . .o..~ . ~ ~ ~/.° "-' ~ mom. ~ aruv~ ~ / " G~cJ ~G~f) mime'°' ~, ~~ ! ~ 0 _ 0 v.. ' i LANDSCAPE GALGULATION6_ ,~ ~PNNI~NT FEATUR ES - ,.a-,s~...~..<.-.,M ~.~..~.e~.~a~ ~~ ___ - ~ ~ - ~= Exhibit A CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAL DATE OF NOVEMBER 8, 2006 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 ANNEXATION COMMENTS 1.1.1 Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner(s) (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate this process. 1.1.2 The annexation legal description submitted with the application (dated February 21, 2006, stamped by Charles Hardes, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 1.1.3 Any finture subdivision, uses, and construction on this property shall comply with the City of Meridian ordinances in effect at the time of permit submittal. 1.1.4 Access to Chinden Boulevazd shall be prohibited for this site. The applicant shall be required to dedicate the right-of--way, construct landscaping, pathway(s), and noise mitigation along Chinden Boulevazd, as required by ITD and the City of Meridian. 1.1.5 Provide a utility easement to the a icek property to the northeact• make additional andscape improvement to he wet ide of Ramblin o ~ and en er in o a licenc ~eement for said improvement with A AD• and ha amore formal entry be made at the entrance to this development 1.2 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT 1.2.1 The preliminary plat labeled as Sheets 1.0 and 2.0, prepazed by W & H Pacific, dated September 20, 2006, is approved, with the conditions listed herein. All comments and provisions of the accompanying Annexation and Zoning application (AZ-06-032) and future development agreement shall also be considered conditions of the Preliminary Plat (PP-06-032). 1.2.2 The landscape plan prepared by Jensen Belts, on 10-30-06. is approved with the following modifications/notes ¢t-1}tie~e€~c~ter~dr-aia--send ea---l;e~8 Biee~3-.~~~e red~F~e$-in--rednc~e$ ie ~tsea>~le epe$~~e _ B3 a pond on Lot 8. Block 5 is an irrigation pond. not a orm rain non • Provide 2.17 acres (7.71 % of the site) for common open space. • Provide a 35-foot wide landscape street buffer along Chinden Boulevazd as depicted. The landscape buffer along the street shall be designed in accordance with UDC 11-3B-7 and UDC 11-3H-4C&D. • Provide a 6-foot tall solid fence and noise abatement, in accordance with UDC 11-3H- 4D, along Chinden Boulevard. • Provide amicro-path connection through Lot 18, Block 1. Provide landscaping in compliance with UDC 11-3B-12, adjacent to the micro-paths. Provide fencing adjacent to micro-paths as required by UDC 11-3A-7A7a. • Construct a picnic shelter and any other amenties proposed during the public hearing process. • Coordinate a tree mitigation plan with Elroy Huff of the Meridian Pazks Depaztment. • A written certificate of completion shall be prepazed by the landscape azchitect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Council signature of the Final Plat. All standards of installation shall apply as listed in UDC 11-3B-14. Exhibit B CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAL DATE OF NOVEMBER 8, 2006 Submit a landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). 1.2.3 Place a note on the face of the final plat prohibiting access to Chinden Boulevard. Construct noise abatement in compliance with UDC 11-3-H-4D and ITD's design requirements adjacent to Chinden Boulevard. Construct a 35-foot wide street buffer and a 10-foot wide pathway adjacent to Chinden Boulevard. The applicant shall meet the Idaho Transportation Department's right-of- way dedication requirement of 100 feet from street centerline for Chinden Boulevard, the 35 foot landscape buffer shall not be included within this measurement. 1.2.4 Provide stub streets to Keego Springs Subdivision to the south and Bainbridge Subdivision to the east. Until a Meridian Fire Department approved secondary access can be provided to this site, no more than 50 homes shall be constructed. 1.2.5 Design Tamarak Street to comply with ACRD and the Meridian Fire Department's requirements for street section, right-of--way, emergency access and parking restrictions. 1.2.6 Construct Schwitzer Avenue, from Ramblin Court to Lookout Pass Street, along the western boundary of the site; provide continuous frontage to Parcel #87330160010 from Schwitzer Avenue. 1.2.7 Construct Brighton and Snow Basin, both private streets, to comply with the standards listed in UDC 11-3F. Parking shall be prohibited along the private streets. Obtain approval from the Ada County Street Name Committee for the private street names. Prior to signature of the final plat, the applicant shall provide documentation of a binding contract that establishes who is responsible for the repair and maintenance of the private streets. The private streets shall be depicted on the face of the final plat(s). The applicant shall redesign all entryways to private roads to meet the Fire Department's requirement of 28' inside / 48'outside turning radius. These changes would eliminate the tightness of the turning radius at all entrances to private roads to better accommodate emergency service vehicles. 1.2.8 If ACRD will not accept the proposed north-south alley bisecting Blocks 6 and 7, then the alley should be constructed in accordance with UDC 6C-3B5. Parking maybe allowed off of the alley, provided there is at least a 25-foot wide backup area (measured from the back of stall to back of stall). 1.2.9 All lots between 4,000 and 4,999 square feet shall either share driveways, or take access from a private street. Lots 13-15, Block 3; Lots 6-9, Block 9; and, Lots 29-32, Block 1, shall take access from common driveways. All of the lots adjacent to the common driveway shall maintain at least 10 feet of public street frontage (flag) and the common driveway easement should be depicted and explained on the face of the final plat. Place the building setbacks/envelopes and orientation of the lots and structures that use the common driveway on the face of the final plat. Building setbacks shall be measured from the edge of the common driveway easement or property lines, whichever is more restrictive. Provide atwo-car garage and a 20' x 20' parking pad on each lot. The asphalt for the common driveway shall not count towards the required parking pad area. Comply with all common driveway provisions listed in UDC 11-6C-3D. 1.2.10 The houses on Lots 13 and 14, Block 4, should be oriented to the east; the house on Lot 15, Block 4, should be oriented to the north; the houses on Lots 6-9, Block 9, should be oriented to the Exhibit B CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEA~G DATE OF NOVEMBER 8, 2006 north; and the houses on Lots 29-31, Block 1, should be oriented to the south, and the house on Lot 32, Block 1, should be oriented to the west, to match the yards of the adjacent lots. 1.2.11 All homes within the subdivision shall contain at least 1,200 square feet of living area, as proposed. 1.2.12 Maintenance of all common areas shall be the responsibility of the Trilogy Subdivision Homeowners Association. Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.2.13 Underground, pressurized irrigation must be provided to all lots within this development. 1.2.14 Because the existing structures span across proposed lot lines, all buildings should be removed or relocated, prior to signature of the final plat by the City Engineer. 1.2.15 The auplicant shall ~ road trust with ACRD fora 5-foot wide sidewalk along Ramblin Court. east of Schweitzer Avenue The auplicant shall widen the asphalt on Ramblin Court. west of Schweitzer Avenue to at least 30 feet, as uroposed °~~-°-^ *'-°-• °~--* ~~'~ ~°"~~ "~'t Af w$V ~~~1$ecat to~i ~-~aacn~i GENERAL REQUIREMENT,~PRELIMINARYPLAT 1.3.1 Sidewalks/walkways shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.3.2 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.3.3 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 1.3.4 A detailed landscape plan, in compliance with the landscape and subdivision ordinance, and as noted in this report, shall be submitted for the subdivision with the final plat application. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. 1.3.5 The applicant shall submit a fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences shall taper down to 3 feet maximum within 20 feet of all right-of--way. All fencing should be installed in accordance with UDC 11-3A-7. Exhibit B CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEA~G DATE OF NOVEMBER 8, 2006 1.3.6 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.3.7 All irrigation ditches, laterals, or canals intersecting, crossing, or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6, unless otherwise approved by the appropriate Irrigation District. Plans will need to be approved by said irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.3.8 Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.3.9 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via the future N. Black Cat Trunk. This property is currently not serviceable by the City of Meridian's sanitary sewer system and the City of Meridian does not guarantee service in the timelines outlined in the UDC. 2.2 No "temporary" or "interim" lift stations shall be allowed on this site. 2.3 The applicant shall install a 4-inch service to the out-parcel (#50427212500) and dedicate with the final plat a sanitary sewer service easement along an interior lot line to protect this service. 2.4 Water service is being proposed via extension of future mains in N. Black Cat Road and connections to planned mains in adjacent development. This property is currently not serviceable by the City of Meridian's potable water system and the City of Meridian does not guarantee service in the timelines outlined in the UDC. 2.5 The applicant shall be required to upsize the water main to 12-inch from Black Cat through W. Ramblin Court, up Schwitzer, to the northerly most road Lookout Pass St., then to the stub street to the Bainbridge Subdivision. 2.6 The master sewer plan shows an 18-inch trunk routing through this property. The applicant shall coordinate with the Public Works Department the routing for this trunk prior to construction plan submittal. 2.7 The applicant shall install water and sewer mains to and through this site; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.8 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.9 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). Z.10 The applicant has indicated Settlers will own and operate the pressure irrigation system in this proposed development. Therefore a letter of plan approval from Settlers shall be submitted prior Exhibit B CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEA~G DATE OF NOVEMBER 8, 2006 to construction plan approval. 2.11 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.12 Any water meters located in common driveways shall be constructed of upgraded materials per City of Meridian Standard Specifications. 2.13 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.14 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells maybe used for non- domestic purposes such as landscape irrigation. Z.15 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.16 The applicant has not indicated how the storm drainage from the proposed private streets will be disposed. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standazds and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.17 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.18 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.19 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.20 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 2.21 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.22 Applicant shall be responsible for application and compliance with and NPDES Permitting that Exhibit B CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAi~ DATE OF NOVEMBER 8, 2006 may be required by the Environmental Protection Agency. 2.23 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.24 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewalks the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.25 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.26 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.27 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. Height for 100 watt fixtures is 25-feet, height for 250 watt fixtures is 30-feet. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. FIRE DEPARTMENT 1. One and two family dwellings will require afire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 2. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %Z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 4. The phasing plan may require that any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. 5. All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 6. All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 7. Provide a 20-foot wide Fire Lane for all internal roadways, including Tamarak Street and the private streets. All roadways shall be marked in accordance with Appendix D, Section D103.6 - Signs. 8. For all Fire Lanes, paint the curb red and provide signage "No Parking Fire Lane". Exhibit B CITY OF MERIDIAN PLA,NNIN~IIEPARTMENT STAFF REPORT FOR THE HEA~G DATE OF NOVEMBER 8, 2006 9. Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 10. To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The two entrances should be separated by no less than %z the diagonal measurement of the full development. The applicant shall provide a stub street to the property to the west for future connection to Tamarak Street, and one to the east for future connection to Banner Ridge Street. Until a secondary access can be provided, no more than 50 homes shall be allowed within this development. 11. The proposed 148-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 420 residents at build out. 12. The Fire Dept. has concerns about the ability to address the project, specifically the lots to the south of Block 5 and those with common driveways, and have the addresses visible from the street which the project is addressed off of. Please contact the Public Works Dept. Addressing Specialist at 898-5500 to address this concern prior to the public hearing. 13. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 14. Emergency response routes and fire lanes shall not be allowed to have speed bumps. 15. Alleys that serve mews shall be at least 24' wide. 4. POLICE DEPARTMENT 1. Blocks one, four, and six create residences that will be isolated from their surrounding neighbors. Such areas have an increased crime potential. Prior to the next public hearing, the applicant shall work with the Police Chief and/or Planning Staff to revise the plat/site plan such that the houses/dwelling units in the general area are oriented toward one another and encourage interaction between more neighbors. The site plan shall be revised in accord with those discussions. 5. PARKS DEPARTMENT 1. Pathway and Trail standards: The proposed pathway andlor trail shall be constructed in accordance with the Meridian Park Department's requirements. 2. Standard for City to assume Maintenance of a section of Pathway: The pathway must connect from one major arterial to another, and either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. 3. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 4. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (LJDC 11-3B-10) will be followed. Exhibit B CITY OF MERIDIAN PLAEPARTMENT STAFF REPORT FOR THE HEA~G DATE OF NOVEMBER 8, 2006 6. SANITARY SERVICE COMPANY 1. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. 2. SSC will not provide trash pick-up services utilizing the common driveway. The developer shall install a concrete pad at the end of the common drive no more than five (5) feet behind the sidewalk. The pad shall be of sufficient area to accommodate the receptacles of the residences that take access from the common driveway. 7. ADA COUNTY HIGHWAY DISTRICT 1. Comply with requirements of IT'D and the City of Meridian for the SH HWY 20/26 frontage. Submit a letter to the District from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. 2. Construct a southbound left turn bay and a north bound right turn lane and taper on Black Cat Road only if the warranted turn lanes can fit in the existing right-of--way. 3. Construct curb, gutter, and 5-foot attached concrete sidewalk on Ramblin Court only adjacent to the entrance road (Schwitzer Avenue) for approximately 20-feet to the east and to the west of the roadway. 4. Construct all internal local streets as a 33-foot street section (with local fire department approval) with curb, gutter, and attached 5-foot concrete sidewalk within 50-feet ofright-of--way. 5. Provide 29-foot street section on each side of the proposed center island. Any proposed landscape island/medians within the public right-of--way dedicated by this plat shall be owned and maintained by a homeowners association. Note of this are required on the final plat. The design should be approved by ACHD's Development staff. 6. Provide traffic calming (i.e. chokers, bulb-outs, traffic circles, etc.) along Lookout Pass Road. The applicant shall coordinate the location and design of the traffic calming devices with District Traffic Services staff: 7. Construct stub streets to the surrounding properties as identified below. Install a sign at the terminus of each roadway stating, "THIS ROAD WII.,L BE EXTENDED IN THE FUTURE." First stub street to the east, Banner Ridge Street, is proposed to be located 460-feet north of south east property line (measured property line to centerline). First stub street to the west, Tamarak Street, is proposed to be located 200-feet north of the south west property line (measured property line to centerline). Second stub street to the west, Lookout Pass Street, is proposed to be located 220-feet south of the north property line (measured property line to centerline). 8. Construct one roadway to intersect Ramblin Court located 270-feet east of the Black Cat/Ramblin Court intersection. 9. Construct two private roadways (Snow Basin Street and Brighton Street) to intersect the public roadway system approximately 600-feet north of the south property line and approximately 360- feet south of the north property line, as proposed. Exhibit B CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEA~ DATE OF NOVEMBER 8, 2006 10. The applicant shall construct the one proposed north-south 16-foot alley as a private alley, not dedicated to the public. 11. Other than the access specifically approved with this application, direct lot access is prohibited to Chinden Blvd and shall be noted on the final plat. 12. Comply with all Standard Conditions of Approval. 8. CENTRAL DISTRICT HEALTH DEPARTMENT 8.1 After written approval from appropriate entities are submitted, we can approve this proposal for central sewage and central water. 8.2 The following plans must be submitted to and approved by the Idaho Department of Health & welfare, Division of Environmental Quality: central sewage and central water. 8.3 Run-off is not to create a mosquito breeding problem. Exhibit B CITY OF MERIDIAN PL DEPARTMENT STAFF REPORT FOR THE G DATE OF JULY 20, 2006 C. Legal Description r an~tlon t.~ a t ot6atY, ,, timeto svarlhrleloa ana w•at chtr~rn trffia r~ ~mra, ~ tua; r~ tee a pw6on at~a. t~oGc 1, unto sew,,, tocatea In the td 1J2 ~ the t+~V 1/4 of t3~Bcn ~. Taanmhtp 4 !~. ~ 1 Wes;, Bye tom, ~ ~1. tdatw. ark fly aecorM Pa-~ befn8 a t of Bte ad~nfng t20~d d Way of West t tad (State t~haray 20 a~ ~~ mare patftatlaAy as tdbwa: Exhibit C CITY OF MERIDIAN PLA DEPARTMENT STAFF REPORT FOR THE G DATE OF JULY 20, 2006 r. Tlrerwe North x°28'03' East, Odl~ilt w#b a easterly lip ~ L~ 1, Bbc6c 1, Rambo won, a 8is~nce 01604.71 feet to the P080T ~ BERG. Ttre area of Parcel Qne domed above ootliefas a~ 28.178 . Basis of bearbr~ Rv C3RIO NORTH, Idaho State Pierre COOrdirmte BYatmrr, Wei Zama. Exhibit C CITY OF MERIDIAN PL DEPARTMENT STAFF REPORT FOR THE G DATE OF NLY 20, 2006 ,.-- SKETCH ~'OR PARCEL ONE d PMCEL OF LAND Bi~VG d PORTION OF LOT 2, BLOCK 1, RADlBO 1! S`LIBDIVISIDN, LOCATL+'D IN T1IE NORTS 1/2 OF 1~ A/IY 1 4 OF N ST~C970N 27', T.4N., R.I1P ADA COU1N3'9', a~ ItldYM a2vcs. atsr Za$ N.T.9'. n.re car. sec. a7 ~. r a.~aa cw+ ~p ~ea~rr mw~ ~ ) Cat. Rec 99rtsaes ~9'17'2t °E 28x7.18' a3izr -- I ~ ~ S5l49'Q6`E s792t' ~ ~~ I°' RA~BO SUBD IY (SXON ~~ , ~ree~a~rw W ~ g X p~L _ _ _ _ _ _ _ N89783391 88179' ._. - - - - -N~'rea f h w r/e eaa sec 17 . d ~.r c~ ~yp,~ ~ ~ eaaaa Cat R£G 99}i3789 ~ 3 r_15Tfn_ a i~< toez sec tam a!e• aet i eat ae g9rr: r 132533' I ~) ~I ~I ~I ~~ I' I'' IJ m ~~~ ~~~ Exhibit C CITY OF MERIDIAN PLA DEPARTMENT STAFF REPORT FOR THE H~ING DATE OF JULY 20, 2006 svsr`i !~ SBZS+sts yys ~ I '~+ p0 ~ ~ ~~ I ~~ ~ ~ o Cb o ~ ~. ~ 9 ~' i" Q .m ~~ ~ ~ ,~ p ~ ~ r ~ ~ ~ a O ~ o ~ ~ ~ ~ ~ ~ ~ ~ ~N~y p °i~ F+ a ~ ~ ~ ~i N V lbr"T~~. ~ n ~ ~9 ~yy111 ~ i~159'FCBS b1S N ~ C~ N Q~ Ci ~ 'x h 8 ~~~ p~~_ b1 aq~UQ ~ '~ NUM V `N ~ O° wCS ~0~ ~-~- - H ~~~, f~ Its ~~a~ a w ~ ~~ ~~955Z 3~ Z v~ CBY~+IBS '6ZS 3 0 ~ ~ 2 ~f0,6LODN $ ~ ~ '~~ Qt~OL- .Li+J 31~V78 fbl~lpX ~v mF a~C ao o~ ~~ Exhibit C CITY OF MERIDIAN PLA DEPARTMENT STAFF REPORT FOR THE HE~NG DATE OF JULY 20, 2006 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to R-8. City Council finds that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of this Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; City Council finds that single-family residential uses are allowed within the requested zoning district of R-8 as a Principally Permitted Use. The accompanying plat demonstrates the land will be developed with varying lot sizes and other dimensional requirements which conform to the proposed zoning designation. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that maybe provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, City Council fmds that the proposed zoning amendment will not result in any adverse impact upon delivery of services by any political subdivision providing services to this site, as conditioned in the staff report. 5. The annexation is in the best of interest of the City (UDC 11-SB-3.E). City Council fmds that all essential services will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan; and this is a logical expansion of the City limits. In accordance with the findings listed above, City Council finds that Annexation and Zoning of this property to R-8would be in the best interest of the Cites 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; Exhibit D CITY OF MERIDIAN PLA DEPARTMENT STAFF REPORT FOR THE HE~ING DATE OF JULY 20, 2006 City Council fords that the proposed application is in substantial compliance with the adopted Comprehensive Plan. City Council supports the proposed density and proposed plat layout, with recommended changes, as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; City Council finds that public services can be made available to accommodate the proposed development. (See finding Items 3 and 4 above under Annexation Findings for more details.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their own cost, City Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., police, fire, ACRD, etc.) to determine this finding. (See Exhibit B, Agency Comments and Conditions, for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and City Council is not aware of any health, safety, or environmental problems associated with the development of this subdivision that should be brought to the Council's attention. ACRD considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. 6. The development preserves significant natural, scenic or historic features. City Council is unaware of any natural, scenic, or historic features on this site. Therefore, City Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. 3. Private Street Findings: 1. The Design of the private street meets the requirements of this Article; Exhibit D CITY OF MERIDIAN PLA DEPARTMENT STAFF REPORT FOR THE H~G DATE OF JULY 20, 2006 City Council finds that the design of the private streets meets the standards as set forth in UDC 11-3F-4. 2. Granting approval of the private street would not cause damage hazard, or nuisance, or other detriment to persons property, or uses in the vicinity; and City Council does not anticipate any hazard, nuisance or other detriment from the private streets if they are installed and maintained as designed, and comply with the UDC. 3. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan. City Council finds that the use and location of the proposed private streets will not conflict with the comprehensive plan or the regional transportation plan. Exhibit D • • November 17, 2006 VAR 06-023 MERIDIAN CITY COUNCIL MEETING November 21, 2006 APPLICANT Heron River Development, LLC ITEM NO. 5-E REQUEST Findings for Approval -Request for a Variance to UDC 11-2A-5 to allow the front setback to be reduced to ten feet from back of sidewalk for porches and side loaded garages for all phases for Crossfield Subdtvtston - 955 West Ustick Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See attached Hndings OTHER: Contacted. ~ Date: 1 ~ Phone: ^P ~ () Emailed: ~ .~ St ff Initials: ,(,~ o Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~ ~~~~~ ~ NQV' ~ G 206 ` frl~ ®~cc ~ '~': `~`1~ ,a.c~ h~,~ ~~f~ - Q ;.. In the Matter of Variance to UDC 11-2A-5 to allow front setbacks to be reduced to 10 feet from back of sidewalk, for porches and side-loaded garages only, for all phases of the Crossfield Subdivision, by Heron River Development. Case No(s). VAR-06-023 For the City Council Hearing Date of: November 8, 2006 (findings on the November 21, 2006 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of November 8, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of November 8, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of November 8, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of November 8, 2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR-06-023- PAGE 1 of 3 • 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found that public facilities and services required by the proposed development will not impose expense upon the public if proposal is allowed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the findings listed in the Staff Report for the hearing date of November 8, 2006 incorporated by reference. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Variance Request to allow front setbacks to be reduced to 10 feet from back of sidewalk, for porches and side-loaded garages only is hereby approved. D. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. E. Attached: Staff Report for the hearing date of November 8, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR-06-023- PAGE 2 of 3 By action of the City Council at its regular meeting held on the Z ~ ~~ day of 2006. COUNCIL MEMBER SHAUN WARDLE VOTED__~~~ COUNCIL MEMBER JOE BORTON VOTED__z~~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED__~~w COUNCIL MEMBER KEITH BIRD VOTED__ (~~c.- TIE BREAKER _ MAYOR TAMMY de WEERD VOTED ATTEST: G. BERG, Copy served upon: e° J a` ~ ~' qq ~® ~~AJ JR , CIT ALE ~' -.. '~ o `~ ~ °v® ~/ Planning Department / Public Works Department -~ City Attorney By:~ ~~,Q~~ Dated: 11- 2~-0 C~ City Clerk's Office / "' ~~ M~Y()I+i,~; MY de WEERD qq,, s~ ~~ ~' r~ dl- CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR-06-023- PAGE 3 of 3 CTI'1' OF MERIDIAN PLANNING ZONING DEPARTMENT STAFF REPORT FOR HE~G DATE OF NOVEMBER 8, 2006 STAFF REPORT Hearing Date: November 8, 2006 TO: Mayor and City Council FROM: Justin Lucas, Associate City Planner SUBJECT: Crossfield Subdivision Setbacks Variance • VAR-06-023 b~ f l: p {- '~ M~ ` - :. ~~~ ~es~. i~t~~ ~~ ~:g;. ~rl ~ 1 S.5 ~~_ -~.~.~ Request for a variance to UDC 11-2A-5 to allow front setbacks to be reduced to 10 feet from back of sidewalk, for porches and side-loaded garages within all phases of Crossfield Subdivision. 1. SiJNIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The applicant is requesting a variance from Section 11-2A-5 of the Unified Development Code (iJDC) which establishes that street side building setbacks shall be 15 feet to the living area and 20 feet to the garage, measured from the back of sidewalk in the R-8 zoning district. The applicant is requesting that this measurement be reduced to 10 feet from the back of sidewalk for porches and side loaded garages. The applicant's justification for the variance is outlined below. 2. SUIVIlVIARY RECOMMENDATION Staff is recommending approval of the subject Variance application (VAR-06-023) for the reasons listed herein. We find that the application meets all of the findings required in the UDC for the City Council to grant a variance (see Exhibit C for required findings). At the public hearing on November 8 2006 the City Council moved to approve this Variance re uest ,~Summary of City Council Public Hearin i. In favor: Joe Atalla ii. In opposition: None iii. Commenting None iv. Written testimon :None v. Staff presenting application: Anna Borchers Canning vi. Other staff commenting on application: None b. Kev Issnes of Discussion by Council: i. -None c. Kev Council Changes to Staff Recommendation: i. -None 3. PROPOSED MOTION (to be considered after the public hearing) Update Approval After considering all staff, applicant and public testimony, I move to approve File Number VAR- 06-023 as presented in the staff report for the hearing date of November 8, 2006. Denial After considering all staff, applicant and public testimony, I move to deny File Number VAR-06- 023 as presented during the hearing on November 8, 2006, for the following reasons: (you should state specific reasons for denial.) Continuance After considering all staff, applicant and public testimony, I move to continue File Number VAR-06-023 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance.) Crossfield Sub Setback Variance VAR-06-023 PAGE 1 CTI'I' OF MERIDIAN PLANNING ZONING DEPARTMENT STAFF REPORT FOR HE~G DATE OF NOVEMBER 8, 2006 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 955 W. Ustick Road Section 1, Township 3N, Range 1W b. Owner Heron River Development, LLC 6223 N. Discovery Way, Suite 100 Boise, ID 83713 c. Applicant: Same as owner d. Representative: Becky McKay, Engineering Solutions e. Present Zoning: R-8 f. Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: The applicant is requesting a variance from the Unified Development Code to allow the front setbacks to be reduced to 10 feet, measured from back of sidewalk, for porches and side-loaded garages within all phases of Crossfield Subdivision. h. Applicant's Statement/Justification: "The granting of the variance would not grant a right or special privilege that is not otherwise allowed in the district, as the Meridian City Council has recently granted similar variances. Due to the roadside swales, the variance will relieve an undue hardship because of the characteristics of the site. The variance will not be detrimental to the public health safety and welfare." 4. PROCESS FACTS a. The subject application will in fact constitute a variance as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, Chapter 5, Article A (Table 11- SA-1), apublic hearing is required before the City Council on this matter. b. Newspaper notifications published on: October 16th and 30th, 2006 c. Radius notices mailed to properties within 300 feet on: October 13th, 2006 d. Applicant posted notice on site by: October 30th, 2006 5. LAND USE a. Existing Land Use(s): Being developed as a residential subdivision b. Description of Character of Surrounding Area: Single family residential c. Adjacent Land Use and Zoning 1. North: Vacant land and residences, zoned RUT. 2. West: Proposed Southwick Subdivision, zoned R-8. 3. South: Meadow View Subdivision, zoned R-4. 4. East: Vallin Courts Subdivision, zoned R-8; Waterbury Park Subdivision, zoned R-4; and two rural parcels, zoned RUT. d. History of Previous Actions: This project has been acted upon various times by the City Council. The first applications that were submitted included a request for annexation and zoning, preliminary plat, and conditional use permit approval (AZ-OS-015, PP-OS-017, CUP- OS-022). These applications were approved by the City Council on October 4, 2005. After Crossfield Sub Setback Variance VAR-06-023 PAGE 2 CTI'I' OF MERIDIAN PLANNING ZONING DEPARTMENT STAFF REPORT FOR HE~G DATE OF NOVEMBER 8, 2006 receiving the initial approval the applicant subsequently filed three final plat applications which have all been approved by the City Council (FP-OS-080 approved 1/24/06, FP-06-025 approved 6/22/06, FP-06-034 approved 8/8/06). 6. AGENCY COMMENTS MEETING No agency comment meeting was held specifically for this Variance application. All affected agencies were informed about this request and given the opportunity to submit comments to the Planning Department to be included in this report. No site specific comments or requirements were provided for the Variance application by other agencies. 7. UNIFIED DEVELOPMENT CODE The following UDC sections aze pertinent to this application: a. UDC 11-2A-5: Dimensional Standards for the R-8 District: Street Setback*** to Gazage (in feet) Local 20 Street Setback*** to Living Area (in feet) Local 15 ***Measured from back of sidewalk 8. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: 1. Street Sections: The original preliminary plat for the Crossfield subdivision approved by the City Council on October 4, 2005, under former Meridian City Code (MCC) Titles 11 and 12, showed local street sections with 50 feet of dedicated ACRD right-of--way and attached sidewalks (see Exhibit B). After approval of the preliminary plat the applicant modified the local street section throughout the subdivision to include eight foot swales at the edge of pavement and four foot detached sidewalks (see Exhibit B). This modification to the street section was prompted by high groundwater in this azea. The modified street section was included in the final plat applications (FP-OS-080, FP-06-025, FP-06-034) that have been submit and approved for this development. All of the approved final plats are subject to the current Unified Development Code (iJDC) and building setbacks aze enforced at the time of building permit submittal. The new street sections approved with the final plats measure between 52 and 54 feet of total right-of--way. 2. Setbacks: Under the current UDC, which was adopted after the Crossfield preliminary plat was approved, all setbacks in residential zones aze measured from the back of sidewalk and not the property line. Regazdless of the fact that the preliminary plat was approved under the old zoning ordinance, all of the homes constructed would be subject to the current method of measuring setbacks (from back of sidewalk), because building setbacks aze enforced during building permit review. In most cases this change would not have significantly affected a subdivision, but because the street section was changed in this subdivision to include swales and detached sidewalks, the front setback from the street was essentially increased by four or five feet from the original preliminazy plat. After carefully considering this situation staff believes that persons who develop residential subdivisions under the Unified Development Code have a reasonable expectation of how the front (street) setbacks will be measured, and can configure the buildable lots accordingly on the preliminary plat. As described above the preliminary plat for the subject subdivision was approved under a previous development code, and the method of measuring setbacks has changed upon adoption of the current UDC. This Crossfield Sub Setback Variance VAR-06-023 PAGE 3 CITY OF MERIDIAN PLANNING ZONING DEPARTMENT STAFF REPORT FOR HE~G DATE OF NOVEMBER 8, 2006 change in measurement, combined with the applicant's need to include roadside swales created a unique situation where a site constraint and change in city standards significantly affected the applicant's proposed lot/building design. Due to this, staff believes that applicant's request to reduce the setback for porches and side loaded garages to ten feet from the back of sidewalk is reasonable. The applicant's requested setback reduction will not necessarily change the required distance between the edge of the street and any structure because of the inclusion of the eight foot drainage swale. If you add up the proposed ten foot setback, eight foot swale and four foot detached sidewalk, there will be approximately 22 feet of separation between the edge of the street and any structure. This separation is consistent with what was approved at the preliminary plat stage for this development (under MCC). 3. Building Type and Design: It is important to note that the applicant is only requesting a variance to the front setback for porches and side loaded garages. This request is based largely on the applicant's desire to create a streetscape that is less garage oriented, and encourage the construction of porches and side-loaded garages throughout the development. The applicant realized that the addition of eight foot drainage swales, and change in setback measurement required by the current UDC, would significantly impact the types of homes that could be built in the development. In an attempt to comply as much as possible with the current UDC the applicant only requested this variance for porches and side loaded garages. This limitation on the variance ensures that any future homes in this subdivision that do not incorporate these more pedestrian oriented design features will be subject to the standard setback regulations of the R-8 zone. Staff believes it is important to note that pedestrian friendly design is something that is addressed in the current UDC. The Traditional Neighborhood Residential (TN-R) zoning district was designed to promote pedestrian friendly development similar to that proposed in the Crossfield Subdivision. The TNR district allows for a ten foot front setback to living area similar to what is proposed in this variance application. Unfortunately this zoning designation was not available at the time the applicant submitted the original preliminary plat for this project. b. Summary Recommendation: Staff is recommending approval of the subject Variance application (VAR-06-023) which reduces the required front setback for porches and side loaded garages only to ten feet (measured from the back of sidewalk) for all phases of the Crossfield Subdivision (living space and street facing garages shall be required to meet the standard setbacks of the R-8 zone as established in the UDC). Staff fmds that the application meets all of the findings required in the UDC in order for the City Council to grant a variance (see Exhibit C). At the public hearing on November 8, 2006 the City Council moved to auprove this Variance reauest. 9. EXHIBITS A. Site Map B. Street Sections C. Required Findings from UDC (Variance) Crossfield Sub Setback Variance VAR-06-023 PAGE 4 r CTI'1' OF MERIDIAN PLANNING ZONING DEPARTMENT STAFF REPORT FOR HE~G DATE OF NOVEMBER S, 2006 Exhibit A: Site Map J V ~1 . cROT ssFie~o i ~J LLL~ 3DIVISION T.3N., R.1W., B.NI. '~, R-8 Crossfield Subdivision Variance Application Exhibit A Page 1 CTI'Y OF MERIDIAN PLANNING ZONING DEPARTMENT STAFF REPORT FOR HE~G DATE OF NOVEMBER 8, 2006 Exhibit B: Street Sections Local street section from preliminary plat (attached sidewalks) lV s 0 a R Vl N ~ ~1 .'. c ~ E ~ z K 0 ~ ~ ~ w N W M M ~ ~- z J Q " , U ~ ~ O ' ~ , II _I U S' ~ c N N °' U cal 0 ~ .c ~ U ~ •~ ~ M o ~ +: E ~•; v x ~i ~° ~f N Crossfield Subdivision Variance Application Exhibit B Page 1 CTI'Y OF MERIDIAN PLANNING ZONING DEPARTMENT STAFF REPORT FOR HE~G DATE OF NOVEMBER 8, 2006 Local street section showing drainage swales and detached sidewalks dd*"p p ..'\ i P ;;! ' ~~- n ! `~ t9~! ara _ .. ~d'~ uo-4YNpq~6 ploU~ ! $ ! ~ $ e $ ! - ® W ~~~ °o. v~~ O o Q dP v ` ~° °°i q o a~$°~?a ° a~geo °~~ o ~ c a eQ p~ ~ ~a ~ ~ Q p a Qe ~ ~~ ~~~a o b,~ v ~°Q ° °D~ A ~ ® ~ ~ oopO o - 0 Dpq Q o '°voo .°O 0 0~ ~ 6 :: :~ 4 ~ 0 a ® $ m CJ) ~' ~ W ~ F-- 'S ~----- O F-- ~ _ ;. Cn w w z ~ J m m i v 0 ° ~ ~ ~ s (/7 J o $~ o °O v ,°, ~ p' m ~ v 004 o veoo_ ~ ° ga ~ ~ v~ G' ® ® e o~~ ~ s 004 0 <,~'~ ~ ~" ~~ A8 ~ ' ~ ~ , a o 0 ~ ya o 4 Q ~ ~~ ~ ~ e ~ ~ o 4 e: 4 nDq O ~ a oc ° 0 ~ ~ o ~ -- Q o a o`4v ~°~8°~i ao •n~~ ~ ~~oC ~ Q o ,. 00 Sid od oe °DO~a~ ~, a ~~ Crossfield Subdivision Variance Application Exhibit B Page 2 CITY OF MERII)IAN PLANNING ZONING DEPARTMENT STAFF REPORT FOR HE~G DATE OF NOVEMBER 8, 2006 Exhibit C: Required Findings from UDC (Variance) The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section I1-SB-4.E of the UDC to review the variance request. In order to grant a variance, the Council shall make the followingfindings: A. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: Council finds that persons who develop residential subdivisions under the Unified Development Code have a reasonable expectation of how the front (street) setbacks will be measured, and can configure the buildable lots accordingly on the preliminary plat. As described in Section 8 of this report, the preliminary plat for the subject subdivision was approved under a previous development code and the method of measuring setbacks has changed upon adoption of the current UDC. This change in measurement combined with the applicant's need to include roadside swales created a unique situation where a site constraint and change in city standards significantly affected the applicant's ability to site homes on the platted lots as envisioned with the preliminary plat. Due to this, staff finds that applicant's request to reduce the setback for porches and side loaded garages to ten feet from the back of sidewalk is reasonable. Council also finds that the proposed setback reduction will not fundamentally change the distance between the edge of the street and the structures and therefore is not a special privilege that is not otherwise allowed in the district. B. The variance relieves an undue hardship because of characteristics of the site; Council fords that the combination of the high groundwater on the subject property which required the applicant to include roadside drainage swales and, the change in setback measurement that resulted from the adoption of the Unified Development Code (UDC), is an undue hardship resulting from the characteristics of the site. Council fords that the granting of the variance shall relieve this undue hardship. C. The variance shall not be detrimental to the public health, safety, and welfare. Council finds that reducing the required front setback for parches and side loaded garages to ten feet measured from the back of sidewalk will not be detrimental to the public health, safety, and/or welfare. Crossfield Subdivision Variance Application Exhibit C Page 1 November 17, 2006 MERIDIAN CITY COUNCIL MEETING November 21, 2006 RZ 06-009 APPLICANT Vicki Garton ITEM NO. 5-F REQUEST Findings for Approval -- Request for a Rezone of .57 acres from an I-L zone to an R-8 zone for Vicki Garton - 435 West Broadway Avenue AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Findings a Contacted: ~ Date: C ~)~ Phone: ~~~~ ~~ Emailed: ~ ~~~ f'U ~~ ~ S~'i .Cdr St ff Initials: ,(,~ Materials presented at public meetings shall become properly of the City of Meridian. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~ RE~EI~TED NOV 162006 City ~~.~.~e~ia~~ ~~t;r ~T~r~l~ ®ffice r. n` eta t° ~aF ~t r !i . 4i4 ~~i ~ 1C]:1~--rte ~~ ~'~ 1• Bd 1c~~F a/,pd' In the Matter of Rezone of .57 of an acre from I-L to R-4 for the property located at 435 W. Broadway Avenue, by Vicki Garton. Case No(s). RZ-06-009 For the City Council Hearing Date of: November 14, 2006 (Findings on November 21, 2006 Council agenda.) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of November 14, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of November 14, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of November 14, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of November 14, 2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-06-009 • 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Deparhnent, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description all in the attached Staff Report for the hearing date of November 14, 2006 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: The applicants request for Rezone is approved subject to the provisions listed in the attached Staff Report for the hearing date of November 14, 2006 incorporated by reference, with the following modification made at the City Council hearing on November 14, 2006: 1. That the subject property be rezoned to R-4 (Low Density Residential). D. Attached: Staff Report for the hearing date of November 14, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-06-009 By action of the City Council at its regular meeting held on the 2~ S~ day of 2006. COUNCIL MEMBER SHAUN WARDLE VOTED_~~~ COUNCIL MEMBER JOE BORTON VOTED_ IJ~GV COUNCIL MEMBER CHARLIE ROUNTREE VOTED__~~~ COUNCIL MEMBER KEITH BIRD VOTED_~ TIE BREAKER MAYOR TAMMY de WEERD VOTED `~~ ~~ e 1' ' de WEERD ATTEST: C~~ ~, ~>,; ~ o - ~~~a~, _ ILLIAM G. BERG, JR., C CAE , \ T4~~, ~a`\ °°°°e*``~ °~ Co served u on: ~/ PY p A licant 0'''+++ e•°°°°° PP +~+~ ~~~, / Planning Department /~ Public Works Department ~ City Attorney BY' ~QJlJ Dated: I I - 2 $'- Ut-/ City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-06-009 CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEARII~ATE OF NOVEMBER 14, 2006 .~ ,~ ,~~~ . ~~ STAFF REPORT Hearing Date: November 14, 2006 ~~rrw ,n~ ~a a ~ _~ ':~, TO: City Council '' '= ~ , ~~ FROM: Sonya Wafters, Associate City Planner ~, lu.v-~r~ ~~ 208-884-5533 '~ g ,~.~~ SUBJECT: Rezone at 435 W. Broadway Avenue for Vicki Garton `~~~~Rr~~-~~`=~~ • RZ-06-009 Rezone of 0.57 acre from I-L (Light Industrial) to R-8 (Medium-Density Residential), by Vicky Garton. 1. SUNIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Vicki Garton, has applied for a Rezone (RZ) of 0.57 acre from I-L (Light Industrial) to R-8 (Medium-density residential) for the property located at 435 W. Broadway Avenue. The applicant is requesting the subject property be rezoned so the existing single-family dwelling can be considered a conforming use in the zone (the I-L zone prohibits residential uses). The site is located on the south side of W. Broadway Avenue, just west of W. 4~' Street in Section 12, Township 3 North, Range 1 West. This site currently contains one existing residence and several outbuildings. 2. SUMMARY RECOMMENDATION: Staff recommends approval of RZ-06-009, as presented in the staff report for the hearing date of October 19, 2006 based on the Findings of Fact as listed in Exhibit C. Staff has included all comments and recommended actions in the attached Exhibit A. NOTE: Because this is only a rezone application, and no new development is being proposed, there are no conditions of approval. The Meridian Planning and Zoning Commission heard this item on October 19 2006 At the public hearing, they moved to recommend approval. n November 14.2006 the Meri ian itv ounc' annroved this annLication with an R-4 zoning de isrnation a. Summary of Commission Public Hearing: i. In favor: Shelly Fisher George Nelson (property owned & Vicki Garton a licant ii. In opposition• Shirley McCallum, James Thompson, Craig Downum, Shirley Foley Vera, Nellie Gardner, Phil Gardner Kevin Gould Paul Watson, Marianne Watson, & Shayne Coley on behalf of Sid Brewer iii. Commenting: Connie Conklin (neutral) iv. Written testimony: None v. Staff presenting application: Sonya Wafters vi. Other staff commenting on application: None b. Kev Issues of Discussion by Commission: i. Property be rezoned to R-4, instead of R-8, per public testimony c. Kev Commission Changes to Staff Recommendation: i. Property be rezoned to R-4, instead of R-8 d. Outstanding Issue(s) for City Council: i. Determine whether or not the ~ro~erty should be rezoned to R-8 as requested by the applicant or R-4 per Commission's recommendation & public testimony, ii. The applicant has not submitted a legal description for this ~ro~erty that meets the requirements of the Idaho State Tax Commission. If the Council approves the subiect rezone, the rezone ordinance should not be approved until a city- approved legal description is submitted. 435 W. Broadway Avenue Rezone for Vicki Garton - RZ-06-009 PAGE CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEARIN~ATE OF NOVEMBER 14, 2006 as i. In favor: Vicki Ga_ on_ Shelly Fisher ii. In opposition: None iii. Commenting: James Thomason iv. Written testimony James Thomason Dawn Downum Craie Downu_m Shirley McCallulr>_ Paul Watson_ & Marianne Watson v. Staff presenting application: Caleb Hood vi. Other staff commenting on application• None ~, ev I Le of Di ~c. ion by ounc'l: i. R-4 vs. R-8 zoning ii. Future use of site ~, ev Counc'1 .hap ec to ["'nmmiccinn RprnmmE...d„t:.,.,• i. None 3. PROPOSED MOTIONS Recommend Approval After considering all staff, applicant and public testimony, I move to approve File Number RZ- 06-009 as presented in the Staff Report for the hearing date of November 14, 2006, with the following modifications to the conditions of approval: (Add any proposed modifications.) Recommend Denial After considering all staff, applicant and public testimony, I move to deny File Number RZ-06- 009 as presented during the hearing on November 14, 2006, for the following reasons: (State specific reasons for denial of the annexation and/or preliminary plat request.) Continue After considering all staff, applicant and public testimony, I move to continue File Number RZ- 06-009 to the hearing date of (insert continued hearing date here) for the following reason(s): (State specific reason(s) for a continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 435 W. Broadway Avenue South side of W. Broadway Avenue, just west of W. 4~` Street, in the south-east % of Section 12, Township 3 North, Range 1 West. b. Owner: George William & Viola Nelson 435 W. Broadway Ave. Meridian, Idaho 83642 c. Applicant: Vicki Garton 1900 E. Blue Tick Street Meridian, Idaho 83642 d. Representative: Vicki Garton, Applicant e. Present Zoning: I-L (Light Industrial) 435 W. Broadway Avenue Rezone for Vicki Garton - RZ-06-009 PAGE CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HEARII~ATE OF NOVEMBER 14, 2006 f. Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: Single-family residences are prohibited in the I-L zone. Therefore, the existing residence is anon-conforming structure. The applicant is applying to rezone the subject property so that the existing single-family residence will be a conforming use in the zone. 5. PROCESS FACTS a. The subject application will in fact constitute a rezone as determined by City Ordinance. By reason of the provisions of UDC 11-SB-3, a public hearing is required before the Commission and City Council on this matter. b. Newspaper notifications published on: October 23~ and November 6a', 2006 c. Radius notices mailed to properties within 300 feet on: October 20, 2006 d. Applicant posted notice on site by: October 31, 2006 6. LAND USE a. Existing Land Use(s): Single-family dwelling. b. Description of Character of Surrounding Area: Primarily existing single-family dwellings, with some nearby industrial uses, zoned I-L. c. Adjacent Land Use and Zoning: 1. North: Existing single-family residences, zoned R-15. 2. East: Existing single-family residences, zoned I-L. 3. South: Union Pacific Railroad, industrial property (Louisiana-Pacific), zoned I-L. 4. West: Existing single family residence, zoned I-L. d. History of Previous Actions: The City recently approved a rezone from I-L to O-T for the property located at 608 W. 3~ Street, in the general vicinity as the subject property. That situation was similar to the subject request for rezone. e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: Already serviced Location of water: Already serviced Issues or concerns: None 2. Vegetation: NA 3. Flood plain: NA 4. Canals/Ditches Irrigation: None. 5. Hazards: None. 6. Proposed Zoning: R-8 7. Size of Property: 0.57 acre 7. COMNTENTS MEETING On September 29, 2006 Planning Staff held an agency comments meeting. The agencies and departments 435 W. Broadway Avenue Rezone for Vicki Garton - RZ-06-009 PAGE CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE HEARIN~ATE OF NOVEMBER 14, 2006 present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. No significant comments were received from any agencies or departments. Staff has included all comments and recommended actions in the attached Exhibit A. Because this is only a rezone application, there are no conditions of approval. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The Comprehensive Plan Future Land Use Map designates the property as "Medium Density Residential", and it is currently zoned I-L. The purpose of the Medium Density Residential designation is as follows: "to allow smaller lots for residential purposes within city limits. Uses may include single- family homes at densities of three to eight dwelling units per acre." Staff fmds that the proposed Rezone complies with the applicable provisions of the Comprehensive Plan and furthers the goals and objectives set forth therein. 9. UNIFIED DEVELOPMENT CODE a. Zoning Schedule of Use Control: UDC Table 11-2A-2 lists single-family dwellings as a Permitted Use in the R-8 zone. b. Purpose Statement of Zone: The purpose of the residential district is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. Residential land uses are also allowed within the O-T, TN-C, and TN-R districts as set forth in Chapter 3 Article D. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation REZONE ANALYSIS: The applicant is requesting a rezone of this property, primarily because the existing single-family residential use is prohibited in the I-L zone. Most fmancial institutions will not finance anon-conforming use/property because if the structure is significantly damaged it can not be re-built. In order to re-build a home on this site, the zoning would have to conform to the uses listed in the UDC. The R-8 zone is the consistent with the Future Land Use Map designation for this property, and will allow, as a principally permitted use, single-family homes. Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed zoning and existing uses on this site, staff believes that the rezoning of this site to R-8 is in the best interest of the City. Please see Exhibit C for detailed analysis of facts and findings. The legal description submitted with the application shows the property within the existing corporate boundary of the City of Meridian; however, it does not meet the City's and State Tax Commission's requirements. Prior to rezone ordinance approval, the applicant must submit a metes and bounds legal description to the centerline of W. Broadway Avenue that is stamped and signed by a registered Professional Land Surveyor, along with a calculated closure sheet and an exhibit map that reflects the boundaries of the legal description. Sanitary sewer and water service: The current residence is serviced by existing service lines to the City of Meridian's domestic water and sewer systems. The condition of these services is unknown at this time. The applicant will be responsible for all costs associated with any 435 W. Broadway Avenue Rezone for Vicki Garton - RZ-06-009 PAGE CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HEARII~ATE OF NOVEMBER 14, 2006 sewer and water service extension or upgrade. Wells may only be used for non-domestic purposes such as landscape irrigation. All future re-development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. b. Staff Recommendation: Staff recommends approval of RZ-06-009 for 435 W. Broadway Avenue as presented in the Staff Report. Staff has included all comments and recommended actions in the attached Exhibit A (because this is only a rezone application, there are no conditions of approval).. On October 19, 2006, the Meridian Planning and Zoning Commission voted to recommend approval of the subject application but recommended that the vronerty be rezoned R-4, instead of R-S as requested by the applicant On November 14 2006 the Meridian Citv Council voted to approve the subiect application and rezone the subiect property to R-4 (Low Density Residentiall. 11. E~~ITS A. Agency and Department Comments 1. Planning Department 2. Public Works Department 3. Fire Department B. Legal Description & Map C. Required Findings from Zoning Ordinance 435 W. Broadway Avenue Rezone for Vicki Garton - RZ-06-009 PAGE CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEARIN~TE OF NOVEMBER 14, 2006 A. Agency and Department Comments 1. PLANNING DEPARTMENT 1.1 The legal description submitted with the application does not meet the requirements of the City of Meridian and State Tax Commission. Prior to rezone ordinance approval by City Council, the applicant shall submit a metes and bounds legal description and associated documents as stated under the Analysis section of this report that meets these requirements. he ann icant ha provided he above no pd le al deccrinHon (ee attached hihit Bl 1.2 All future uses on this site should comply with the provisions of the Unified Development Code in effect at the time of submittal. 2. PUBLIC WORKS DEPARTMENT 2.1 The current residence is serviced by existing service lines to the City of Meridian's domestic water and sewer systems. The condition of these services is not known at this time. The applicant will be responsible for all costs associated with any sewer and water service extension or upgrade. Wells may only be used for non-domestic purposes such as landscape irrigation. 3. FIRE DEPARTMENT 3.1 One and two family dwellings will require afire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %2" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 3.4 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.5 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). Exhibit A CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE HEARIN~ATE OF NOVEMBER 14, 2006 B. Legal Description & Exhibit Map _ ~ ~,,Y to 1 . - ~, ' ~+ UESCRfl'7TQN , FOR MICHAEL AND ViCKV GARTOiV RE-ZONE A parcel }opted iB the SE '~, of Section 12, T®wns6ip 3 Nnrilt, Range 1 West, Roi~ Meridian, Ada County, Ida}to, mon: particuLu}y describes as follows: Cumm+mci,ag at a brass cap monument marling the southvesterly corner of a~aid SE '®, fram which a brass cap moaumelnt marking the north-vesterly corrtcr of stied SC %. beats N 0°33'44" E a di~ance of 2656.52 feet; Thence N 0°33'44" E along the westerly boundary of said SF %. a dlstaacc of 1996.49 feet to a brass cap monument on the eenterline of 13roadw~ay Avenue, 7'hen'ee }eavittg said .v~er}y boundary S 89'29'37" F. along said centerline a distance of } 081.64 feet to the .POINT ®F REGINAIIIVt;i Thence continuing S 59°29°37" k a distance of 75.00 feet to a point; Thence Eeaving said center}ine S 0°33'44" 1!V' a distanr~ ctf 296.70 feet to a paint; Thence N 88°45' 16" W a disiaitce of 75.01 fcset to a ptrint; Thence N 0°33'44" E a destanre of295.73 Fcsct to the PC?~°I' ql~ I~Et:;II~INiiVCr. This parcel crontains O.S 1 and is subject to any easements. e?cisiing or in use. This dt~cription was prepared from tecrord inforetation obtait~i from the Ada County Recorder's office. 1Vo field surveys have linen performed, This description is intended for use in a r+e-cone application only and is not to be used as a boundary description for the transfer of tit}e. Civil Survey ('ansultarris„ Ineorporatzd is not msponsib}v fear any discrepancies a field survey might show. by: Glenn i~. ~ Pl S Civil Survey Consultants. Irtc, hlovember l6~ 2006 er~msanr ps,~~ac wonrss t Exhibit B ~ e4t. CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEARIN~ATE OF NOVEMBER 14 2006 ~3~ ~~ i ~~ S~ \ rr,n~, ~t ~,;~ ~ ~ ~ ~ ~ ~: ~ ~; ~~~ ~~ ~~ ~ ~~ .~~,~~ m M (~ r` ~~'1 ~, ^i~~~~ 6M `R~©4~~ j ' ~ Y ~ ~ •VG4 a7PJ~ ~ I/~Ifti 2..1V S ' 'Y, .~ o ~~G~~- Hh ~~ o~ .~ 4. ~"' .~'E'~"6~` ~ . f i~~'34'A N ~ ~~ Q a .~ ~ o~ .~ ~ ~ ~ ~~ 4k° i ~~~ ~ ~ ~' m ~- _ I ~ a -- __ ~ ~~~ ~ ~o ~ ~ i ~~~ 4 t .~ o Q~~ , ep ~~~~ y .€s z ~ . ys ~`.v N Exhibit B CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE HEARIN~ATE OF NOVEMBER 14, 2006 C. Required Findings from Zoning Ordinance 1. Rezone Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to rezone the subject property to R-8. The Council fords that the R-4 zoning district would be more appropriate for this property and will also comply with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council fords that single-family dwellings are permitted within the requested zoning district of R-8 and the approved zoning district of R-4. Further, the Council finds that the site is large enough to contain the required off-street parking. There is no new development proposed at this time; any new development must conform to current City Code. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council fords that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Council fords that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. Council finds that Rezoning this nronertv to R-4 would be in the best interest of the Ci Exhibit C • • November 17, 2006 VAC 06-013 MERIDIAN CITY COUNCIL MEETING November 21, 2006 APPLICANT Wayne Barber ITEM NO. 5-G REQUEST Resolution -Request for a Vacation of the public utility, drainage 8~ irrigation easement common to Lots 26 & 27, Block 1 of Lochsa Falls Subdivision No. 6 - 1660 West Glad Creek Street 8~ 3906 North Cougar Flat Avenue AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: I, Emailed: i ~ '1P~ ~ .. ®(~ f~ '1re~ i presented at public COMMENTS See alMched Resolution ya~i Date: ~~ ~~ ~p Phone: ' ~~ `` eSt~iff Initials: M + shall becom<~e property of the City of Meridian. • ADA COUNTY RECORDER AVID NAVARRO AMOUNT ,00 ; BOISE IDAH011/~IOfi ~pM RECORDED C REQUEST OF ~I~ ~~~~IIIIIIIIIIIIIIIIIIIIIIIII ~ ~ ~~~ Ciiy of Meridian 1 ~~ 1 ~~ 1 ~ r CITY OF MERIDIAN BY THE CITY COUNCII.: RESOLUTION NO. a ~ - ~~` BIItD, BORTON, ROUNTREE, WARDLE A RESOLUTION VACATING PUBLIC UTILITIES, DRAINAGE AND IRRIGATION EASEMENTS BETWEEN LOTS 26 AND 27, BLOCK 1, LOCHSA FALLS SUBDIVISION N0.6, LOCATED IN THE SOUTHEAST 1/ OF THE NORTHEAST '/ OF SECTION 26, TOWNSHIP 4 NORTH, RANGE 1 WEST, CITY OF MERIDIAN, ADA COUNTY, STATE OF IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on November 8, 2006 the City Council of the City of Meridian, held a hearing on the vacation of public utilities, drainage and irrigation easements between lots 26 and 27, Block 1, Lochsa Falls Subdivision No. 6, located in the Southeast % of the Northeast 1/ of Section 26, Township 4 North, Range 1 West, City of Meridian, Ada County, State of Idaho, and WHEREAS, after such hearing, the City Council, by formal motion, did approve said described vacation; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the vacation of public utilities, drainage and irrigation easements between lots 26 and 27, Block 1, Lochsa Falls Subdivision No. 6, located in the Southeast % of the Northeast 1/ of Section 26, Township 4 North, Range 1 West, City of Meridian, Ada County, State of Idaho is hereby vacated. Copies of the necessary relinquishments are attached as Exhibit "A". Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. VACATION OF PUBLIC UTILLTIES, DRAINAGE AND IRRIGATION EASEMENT IN LOCHSA FALLS SUBDIVISION No.6 Page 1 of 2 • C~ PASSED BY THE CITY CsO/UNCIL OF THE CITY OF MERIDIAN, IDAHO, this Zl day of /~~v~`++~1?-vim , 2006. APPhROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 2l S/ day of /~~y~~+^' ~" 2006. \` >°``~~°4 ~ f ~®MY de WEERD ATTEST: ~' ~ ~' ®- ~~ si ~,.. ~ ~_ - ~~ - WILLIAM G. BERG, .T~ STATE OF IDAHO, ) ss County of Ada ) .~ CITY C~, '~ t ~~°~ • .~ ate`. ///ese'/~~~~~~oi~rei ~ofe9eo~q~~~`~4~~4s On this alb' day of ~10vn rrlbtl , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~.....,~ .• ,~• ~S~H~~2 ~~~ ~ OTARY PUBLIC FOR IDAHO RESIDING AT: ~ ~ lp ~.v~11.~.1~, ~, 'p; MY COMMISSION EXPIRES:. IG-I 1-l j . ,~, ~~ • ~~ •~~ATE~~~s VACATION OF PUBLIC UTITLTIES, DRAINAGE AND IRRIGATION EASEMENT IN LOCHSA FALLS SUBDIVISION No.6 Page 2 of 2 EXHIBIT "A" LOCHSA FALLS SUBDIVISION No.6 s l ~ I a I ° U - ~~ PROPOSED ADJUSTED LOT LINE I W. GLADE CREEK ST. ~ \ I \ I L----------1 -I ~----------7 `------------I II // I I I BLOCK 1 // / I II i 28 // // ~ I I / / 27 / I I / / // // I II / /PORTION OF PLATTED LOT / / / / I - ~ L _ ~ J / / VACATE OEASEMENTS TO ` ~/ I `~ / / 26 ~ ~ /j ~/ I / ~ Z ----------I I I 25 I I I I I L_-_---_--._~ -_ __ -_ -_ I SEE PIAT OF LOCHSA FALLS SUBDMSION No.6, BOOK 88, PAGES 10144 - 10146, FOR ADDITIONAL DATA OF RECORD. REVISION BY: PROPERTY LINE ADJUSTMENT LOTS 26 AND 27, BLOCK 1 LOCHSA FALLS SUBDIVISION No. 6 sHEEr : 1 OF 1 SHEET EASEMENT VACATION EXHIBIT DWG DATE: DWG N0. SCALE; 08/05/04 DPM 40720 N.T.S. 23124 ~- 26 25 26 25 1/4 CORNER PPR VAt RETIE gY M WpRKS DE ~ G BRIGGS ENGINEERING, INC. BRIGGS ENGINEERS PLANNERS SURVEYORS 1800 W. OVERLAND ROAD # BOISE, IDAHO 83705 • (208)344-9700 These drawings, or ony portion thereof, shall not be used) on any Project or extensions of this Project except by written agreement from Briggs Engineering, Inc. November 17, 2006 MERIDIAN CITY COUNCIL MEETING CPA 06-004 November 21, 2006 APPLICANT City of Meridian Planning Department ITEM NO. 5-H REQUEST Resolution -Request for a CPA to modify the definition of "office" by removing the last sentence of the description (see Chapter VII, Page 106, June 2006 printing of Comp Plan for Office Designafion Tent Arr>tendntent AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See attached Resolution y~,v 0~ OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • CITY OF MERIDIAN BY THE CITY COUNCIL: • RESOLUTION NO. ~6 '-/~~~ BIItD, BORTON, ROUNTREE, WARDLE A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE TEXT OF THE CITY OF MERIDIAN COMPREHENSIVE PLAN TO MODIFY THE DEFINITION OF ~~OFFICE" BY REMOVING THE LAST SENTENCE OF THE DESCRIPTION (SEE CHAPTER VII, PAGE 106, JUNE 2006 PRINTING OF THE COMPREHENSIVE PLAN) BY THE CITY OF MERIDIAN PLANNING DEPARTMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Council have the authority pursuant to I.C. § 50-302 to establish resolutions not inconsistent with the laws of the state of Idaho as may be expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry; and WHEREAS, the City of Meridian Comprehensive Plan was adopted August 6, 2002 as Resolution 02-382; and, WHEREAS, the City Council passed Resolution 04-454 on December 14, 2004 which modified some text within the Comprehensive Plan; and, WHEREAS, the intent of the office section of the Amendment passed with Resolution 04-454 was to allow applicants to request office uses in areas designated as "Residential" on the Land Use Map, which are located along arterial streets and section line roads. The Amendment was also intended to allow redevelopment of properties designated "Public/Quasi-Public", so long as the proposed use(s) are compatible with adjacent zoning districts. The intent of the Amendment was not to change what is allowed in areas with a Comprehensive Plan designation of "Office"; and WHEREAS, at the City Council Review public hearing for AP-06-001, it became clear that the intent of Resolution 04-454 is not reflected well in the approved wording. Therefore, the Planning Department filed a text amendment to fulfill the original intent. The revision to the "Office" designation description should be as follows: Office. This designation will provide opportunities for low-impact business areas. These would include office, technology and resource centers; ancillary commercial uses may be considered (particularly within research and development centers or technological parks). ~dad~~~ ~~~~,,y--~--;~.~,~;~ COMPREHENSIVE PLAN AMENDMENT FOR DEFINITION OF "OFFICE" Pagel of 2 ~ ~ [June 2006 pYinting Chapter VII page 106.J WHEREAS, the Mayor and City Council have deemed it appropriate to amend the text of the Meridian Comprehensive Plan to modify the definition of "Office" by removing the last sentence of the description (see Chapter VII, Page 106, June 2006 printing of the Comprehensive Plan) by the City of Meridian Planning Department; and, WHEREAS, the Mayor and City Council have provided all the requisite notices, held the necessary hearings, and received the required information necessary to make a final decision as required by the Idaho Local Land Use Planning Act to amend the adopted comprehensive plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. Pursuant to Idaho Code §67-6509, the Mayor and City Council hereby amend the City of Meridian Comprehensive Plan by modifying the definition of "Office" by removing the last sentence of the description (see Chapter VII, Page 106, June 2006 printing of the Comprehensive Plan) by the City of Meridian Planning Department . A copy of this Resolution shall be held on file in the office of the City Clerk. SECTION 2. EFFECTIVE DATE. This Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this ~~ f~ da of Y /(~O(/r.L ~'h. , 2006. tf APPROVED by the Mayor of the City of Meridian, Idaho, this 2~ ~ day of /~O!/~G~+. ~-G ~.. , 2006. APPROVED: ATTEST: By: ~% '~~® /~~~ C COMPREHENSIVE PLAN AMENDMENT Fes, Paget of 2 November 17, 2006 MI 05-009 MERIDIAN CITY COUNCIL MEETING November 21,2006 APPLICANT R2 Development, Inc. ITEM NO. 5-I REQUEST Addendum to Development Agreement -Request for MI App for approval to remove the Preliminary Plat, Final Plat & DA requirement for a 20ff landscape buffer on the southern boundary of the property for Olsen Bush Sub No. 2 -west end of Lanark 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 aflached Addendum to DA ~I' OTHER: Emailed: Materials presented at public meetings shall become property of the City of Meridian. • -. ADA COUNTY RECORDER J. DAViD NAVARRO AMOUNT .d0 A2 DEPUTY VicklAll~enE~ ~M I„ I'~I')III„I"I'I'I)I'I~I~~I~~~~~~ RECORDED REDDEST OF 16~r i 8~r i ~f~ City of Meridian FIRST ADDENDUM TO DEVELOPMENT AGREEMENT REMOVING LANDSCAPE BUFFER FROM ORIGINAL AGREEMENT PARTIES: 1. City of Meridian 2, lt2 Development, LLC, Owner/Developer The following is an addendum to that certain DEVELOPMENT AGREEMENT, recorded on Ma , 2004 as instrument # 104056166. This addendum is made and entered into this~~ day of Dt~/-O~btr , 2~6, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "Cl'TY', and lZ2 DEVELOPMENT, LLC, whose address is 3084 E. Lanazk, Meridian, Idaho 83642, hereinafter called "OWNER/DEVELOFER" OWNER/DEVELOPER agree to be bound by the terms of the original Development Agreement, recorded on May 7, 2004 as instrument # 104056166 on the land described in Exhibit "A", except as specifically to the deletion of the xequirements and restrictions included in said Development Agreement that no longer apply to the 20' landscape buffer between the subject property and the property which is contiguous to the south boundary of said property. 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", recorded as instrument # 104056166, or those City ordinances in effect at that time any subsequent conditional use application is filed, whichever are more restrictive. 2. That the requirement fora 20'landscape buffer along the southern edge of the subdivision commonly known as Olson and Bush Subdivision No. 2 is eliminated. 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 addendum shall be binding on the "Owners" of the "Property", each subsequent owmer ADDENDUM TO DEVELOPMENT AGREEMENT (1VII-p5-009 OLSEN 8t BUSH SUBDIVISION # 2) PAGE 1 OF 5 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 "Owner" or "Developer", 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 lx 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/Develoger" and "City" xelative to the subject matter hereon, 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 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 "Property" herein provided for can be modified or amended within 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 andlor amendment in force at the time of the proposed amendment. 7. This addendum shall be effective as of the date herein above written. ADDENDUM TO DEVELOPMENT AGREEMENT {NII-05-09 OLSEN ~ $USH SUBDIVISION # 2) PAGE Z OF 5 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. OWNER/DEVELOPER: BY: MA OR T Y de WEERD / 1111111111 /I/ Approved by City Council: ! 1~~~~ ~ //~/'~•,,~~~ ` ~ J v/ r Attest. EVIL I,IAM G. BERG, JR C ~,,'~~~~" pp• ~,~ ~UWTY ~ ADDENDUM TO DEVELOPMENT AGREEMENT (MI-Qg_pp9 O~g,N ~ BUSH SUBDMSION # 2) PAGE 3 OF 5 CITY OF MERIDIAN C~ STATE OF IDAHO, ) . ss: County of Ada, ~ this ~ f ~ day °f ~ ~ 2Q06, before me, the undersigned, a Notary Public in and for said State, personally appeared Yl~.CoC . VGt,+'- 1~-,i' on behalf of R2 DEVELOPMENT, LLC, known or identified to me to be the re~~t ~, of said corporation, who executed the instrument on behalf of said corporation, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. .--~ D. ~~ ~~i {SEAL) ,'' taOT~Ry~ .rMr ,A P(~SV1~ O ~,~~ o~ to~~~' N tary blic for Idaho Re ' ' g at:.~ L az .to My Commission Exp~ces: 7 ~l~D STATE OF IDAHO ) . ss County of Ada ) On this ~ ~ St day of t~10VCr1r-Mf't . 2~6, before me, aNotary 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 WIIEREOF, I have hereunto set my hand and affixed my official seal the day an~~~r in this certificate first above written. Y~r.. ^~~/~~ ~O~ A }~V~~JI.~~ ~,, , • Notary Public for Idaho AGREEMENT (MI-OS-009 OLSEN dt BUSH SUBDIVISION # 2) PAGE 4 OF 5 O~~ Residing at: ~~ ~ k 1 1 1~ p Commission expires: 1 b-1 l -1 (_ ADDENDUM TO DEVELOPMENT AGREEMENT (Mt-05-009 OLSEN & BUSH SUBDIVISION # 2) PAGE 5 OF 5 C~ ~ ~ ~~~~ ~~ • A trams of land situated in tha Southeast 1/4 of Section 8, Township 3 North, Range 1 East, liaise Meridian, Ada County, Idaho, deed as follows: Commeac~ng a# the Southeast corner of said Section 8, th~ce along the southerly line of said Section 8 South 89°32'00" West a distance of 871.18 feet to a point; thence leaving said southerly line North 00°28'00" West a distance of 520.14 feet, to the Southwest+arly comer of Olsen and Bu,'sh Industrial Park, said wraer being the POINT OF BEGINNING. Thence North 89°02'00" W ~ a distance of 1015.07 few to a point; Them North 06°OS'31" West a distance of 806.01 feet to a point on the northerly right of--way of the Union Pacific Railroad; Thence slang said northerly right-o£ way South 89°02'00" East a distance of 1094.80 feet a point; Thence leaving said northealyright-of-wary sad along the westerly boundary of said Olson and Bush Industrial Park sad the northerly exte~ion thereof South 00°28'00" East a distance of 800.06 feet. to the POINT OF BEQIIVNING. • aDa cot~rY A~coRaa~ ~. aavo ~avaASO ~ BODE iDAHD O61D710q Ox4B P~ DEPUTY Bonnie 06erErilgg Meri~iR~ENipAEQUE8T DF amau~r .no t~4~s~~~~ DEVELOPMENT AGREEMEN'T' PARTIES: 1. City of Meridian . 2. R2 Development, Inc., Developer/Owner THIS DEVELOPMENT AGREEMENT (this "Agreement"~, is made and entered into this day of trii , 2044, by and between CI'T'Y OF MERIDIAN, a municipal corporation of th . fate of Idaho, hereafter called "CITY", and R2 DEVELOPMENT, INC., hereinafter called "DEVELOPER"/"O~VNER", ~evhose address is 3084 East Lanark, Meridian, Idaho 83642. REC'I'TALS: 1.1 WHEREAS, "Developer" /"Owner" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, descn'bed in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after refereed 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 ofre-zoning that the owner or "Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Meridian City Code .§§ 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re-zoning of land; and I.4 WHEREAS, "Developer"/"Owner"hns submitted an application for annexation and zoning of the "Froperty's» descn'bed in Exhi~-it A, and has requester a designation of Light Industrial District (I- L), Meridian City Code § 11-7-2 N; and 1.5 WHEREAS, "Developer"/"Owner" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the DEVEI,UPMENT AGREEMENT ! R,2 DEVELQPMENf, Il~TCJQLSEN AND BUSH IIVDUSTRIAI, PARK NO.2 PAGE i OF 13 r: subject "Property" will be developed according to the Concept Plan and what improvements will be made; and 1.6 WHE]ttEAS, record of the proceedings for the requested annexation and zorring designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning Jurisdiction, and received firtther testimony and comment; and I.7 WHEREAS, Gity Council, the 1$th day of June, 1996, 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 fnll, hereinafter refenned to as (the "Findings"~; and 1.8 WHEREAS, the "Findings" require the "Developer"/"Owner" enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "DEVELQPER" /"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 1.1 U WE[EREAS, "City" requires the "Developer"P'Owner" to enter into a development agreement for the purpose of ensuring that the "Property'° is developed and the subsequent use of tlne "~'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 proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected properly owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21,1993, Ordinance #629, January 4, 1994, and the Meridian City Code Titles 11 and 12. L-EVELOPMENT AGREE1v~NT / R2 DEVELOPMENT, INCJOLSEN AND BUSH INDUSTRIAL PARK N0.2 PAGE 2 OF 13 • NOW, THEREFgRE, in considez~ation of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORA~TIUN 4F RECTI'ALS: That the above recitals are contractual and binding and are inoorporated herein, as if set forth in full. 3. DEFIIYITIONS: 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 requir~t otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement which is a municipal Corporation and government subdivisiazt of the state of Tdaho, oxganizetl and existing by virtue of law of the Sta#e of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "D~`VEI~UPER"~QWNER": means and refers to R2 Development, Inc., whose address is 3084 East Lanark, Meridian, Idaho 83642, the party who owns and is developing said "lroperty" and shall include any subsequent owner(s)/developer(s) of the "Pmperiy". 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as descn'bed in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. 4. XJSES PEItNIITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuarrt to this Agreement are only those uses allowed under "City"'s Zoning Ordinance codified at Meridian City Code § 11-7 2 N which are herein specified as follows: Development of uses allowed in the (I-L) Light Industrial zone. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. DEVELOPMENT AGREEMENT / R2 DE'VELOPNlEN'f, Il~C.!©LSEN AND BUSH ZNDUSTRIAI, PARK N0.2 PAGE 3 OF l3 • • 5. CONDITIONS GOVERNING DEVELOPMENT GF SIiEJECT PROPERTY: 5.1 "Developex"P'Qwnet` shall develop the "Property" in accordance with the following special conditions: 5.1.A The progeny should be zoned I-L, Light Industrial District, and the Apglic~at use the subject property to develop limited office uses with any other uses permitted in the subject zone only as a conditional use. 5.1.1 That the Applicant shall be required to comply with all of the conditions pertaining to the variance, preliminary pla# and final plat; and 5.1.2 That the Applicant shall be required to comply with all of the conditions stated within, the Annexation and Zoning Findings of Fact and Conclusions of Law for R2 Development, Inc. approved by the Meridian City Council on June 18, 1996, of which said Findings are attached hereto as Exhibit ")3" and incorporated herein as if set forth in full hereof. 6. COMPLIANCE PERIOD! COIITSENT TO REZOI~TE: This Agreement and the•commitments contained herein shall be terminatai, and the zoning designation reversed, upon a default of the "Developer" /"owner" or "Developer",s!"Owner,s„ heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of subject "Property" of this agreement ,and after the `amity" has complied with the notice and hearing procedures as outlined in I.C. § 67-65U9, or any subsequent amendments or recodifications lhereo£ 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONIIVG DESIGIYA-TIO1q: `~eveloper"P'Owne'r" camsents open default to the de-annexation and/or a reversal of the zoning designation of the `Troperty" subject to and conditioned upon the following conditions precedent tawit: 7.1 That the "City" provide written notice of any failure to comply with this Agreement to "Developer"!"Owner" and if the DEVELOPMENT AGREEN,ILNT 1 R2 DEVELOPMENT, INCJOLSEN AND IIUSLI TtVDUS1'RTAL PARK N0.2 PAGE 4 OF 13 • "Develope~'/"Owner" fails to clue such failure within six (b) months of such notice. 8. 1NSPlECTI4N: "Deveioper"P'Owner" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement ar by City os~inance 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 end conditions ofthis Development Agreement and all other ordinances of the "City" that apply to said Development. 9. ID)CFAULT: 9.1 In the event `developer"/"®wner", °`Developer"'sl"Owner's" heirs, sucxeasors, assigns, or subsequent owners of the "Property" or any othez~ person acquiring an interest in the "Property''', fail to faithfully comply with all of the teens cad conditions included in this Agr~ment in connection with the "Property", this Agreement may be modi$ed or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance, which will include, at a minimum, notice of the noncompliance, and an opportunity to be heard by the City Council before modification or termination. 9.2 A waiver by "City" of any default by "Develop~'/"Owner" of any one or more of the covenants or conditions hereof shall apply safely 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. l 0. 1~Q>[TIItEMENT FOR. RECOR.DAT'~ON: "City" shall record either a memorandum of this Agreement or this Agreement, including ail of the Extu'bits, at "Developer'"s/"Owner's" cost, and submit proof of such recording to "Developer"/"Owner' ; prior to the third reading of the Meridian Zoning Ordinance in connection with the amexation sad 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 instrurment ofxelease of this Agreement. DEVELOP14~1JT AGREEMENT / R2 DE'VELOPMENT, INC./OLSEAT AND BUST. INDUSTRIA1i PARK NO.2 PAGE 5 OF 13 • l 1 • ~OIinNG: "City" shall, following recordaxion of the dul y approved Agreement, enact a valid and binding ordinance zoning the "Properly" as specifiied herein. 12. REMEDXES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Developer" /°'Owner", or by any successor or sutx~ssors in title ar by the assigns of the parties hereto, $nforcement may be sought by an appropriate action at law or in equity to secwre the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 Tn the event of a material breach of this Agreement, the parties agree that "City" and "Developer'°/"Owner" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaaching party°s seeking of any remedy provided for herein; provided, however, that in the vase of any such default which cannot with dilig~ce be cured within such thirty (30) day period, ifthe defaulting party shall commence to cure the same within such thirty (30) day period acid ther~ftc~• shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be nec~ssazy to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of ax-y covenant to be performed hereunder by either "D~veloper''P'Owner" or "City" is delayed for causes which are beyond the xwasonable 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 "Cit},"may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed wider Meridian City Code § 12.5-3, to insure that installation of tlae impmvements, which the `developer" /"Owner" agrees to provide, if required by the «Gri~»~ 14. CERTIFICATE OF OCCUPANCY: 'fhe "bevelaper"P'Ownei" agrees that no Certificates of Occupancy will be iss}iecl until aU in&asiructure and other DEVELOPlV1ENT AGREEMENT / R2 DE'VEZ.OPMENT, INC.iOT,SEN AND BUSH IIrTDUS'FRIAL PARK N0.2 PAGE 6 OR 13 • improvements which are isnpos~I by the terms of this a~eament, the annexation ordinance, and the final plat conditions, are completed, unless the "City" and ``Developer"/"Owner"have entered into an addendum agreement stating when the improvements will be completed in a phased develogss:ent; 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" 1 S. tl.$IDE BBC ALL CITE'' O~XNAN~E5: That "Developer" !"Ownea" 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 aaxl Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. NaTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or tbaree (3) days aiLer deposit in the United States Mail, xegistered or certified mail, postage prepaid, return receipt requested, addressed as follows: CI'T'Y: c/a City Engineer City of Meridian. 6B0 E. VVatertower Lane 1VXeridian, Idaho $3642 with cepy to: Ciiy Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 DEV]ELOP1iR,/OWNEH: R2 Development, Inc. 3084 East Lanark Meridian, Idaho 83542 16.1 A peaty s1:alI have the right to change its address by delivering to the other pasty a written notification thereof in accordance with the requirements of this section. 17. ATTURNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shaA be entitled, in addition to any other relief as maybe granted, to court tests and reasonable attorney's DEVELOPMENT' AGREEMENT ! R2 DEVELOPMENT, INC.lOL3EN AND BUSH INDUSTRIAL, PART{ N0.2 PAGE 7 4F 13 • • fees as determined by a Court of competent jurisdiction. This provision sha11 be deemed to be a separate contract between the parties and shad survive any default, termination or forfeiture of this Agreement. 1 g• TIME XS OF T.IIE ESSEI~iCE: The patties hereto acknowledge and agree that time is strictly ofthe 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 SUCCESS®IltS-: This Agreement shall be bitzding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal repxesentatives, ineIuding "City"'s corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Pmpert}~" ,each subsequent owner aad any other person acquiring an interest in the "Propefiy". 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 provi~ons her~f and any successor owner or owners shall ba both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Deveiopei?'/"pwner", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sale and reasonable discretion, had determined that "Developer"P'Owner"hosfully performed its obligations under this Agreement, 2~. INVALI® PROVISION: If any provision of this Agreement is held not valid by a cxfurt 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: 'T'his Agreement sets forth all promises, inducements, agreements, condition and understa~adings beteveen "Developed'/"Owner" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or tmd~standing, either oral or written, express or implied, between "Developer"/"Owner'° and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change ar addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest ox their assigns, cad pursuant, with respect to "City", to a duly adopted ordinance or resolution'of "City,'. DE~LOPMENT AGREEMENT / R2 DEVELOPMENT, INC./OLSEN AND BUSH INDUSTRIAL PARK 1~T0.2 PAGE 8 OF i 3 21.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified yr 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 zvmng designation and/or amendment in force at the time of the proposes amendment. 22. Ek`P'ECTXVE DATE QF AG~lEEMEATT: This Agreement 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 zoning of the "Properly" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT / R2 DEVELOPMENT, Il~ICJOLSEN AND BUSK INDUSTRIAL PARTS N0.2 PAGE 9 OF 13 • ACKNOWLEDGMENTS • IN WITNESS WI~EREOF, the patties have herein executed this agreement and Made it Qffeative as herei~aabove provided. DEVELQPER/OWNER: An, Secretazy NO. ~ . e CITY OF MERIDIAN MAYOR Attest: ~. ~//~ , Cray CL~Rx ~, ~~G ~~~J.~ Ca `'fi'r ~sT ~ ,~'~,'~ .'~f'~~d-d'tY . ~~ ~!*. '''~+rrt~~r sort+tt~`~ de WEEItI? ~rq G'~~ Ce~cc~ ~-b-d~ DEVELOPMENT AGi~~F.EML, y1VT / R2 DEVBLOPMENT, INCJOLSEN AND BUSH ]NDUSTRI'AL PARK N0.2 PAGB 10 OF 13 R2 DEVELOPMEATT, INC., AN IDA HO CORPORATION STATE OF IDAHO ) :ss COUNTY O1~ ADA ) U On this ~" [~h day of ~~~.~Yi in the year 2004, before me a Notary Public, personally appeared Ronald an ,A.uker and d ~~ ~. kaown or identified to me to be the President and Secretary of RZ Development, Inc., the persons who executed the instrument on behalf of said corporation, and acknowledged to me having executed the same. -...... s7.nd_ ~~ ~®~~~ `~ ~'1t31.+~~'~~ , '~n ~~' OP ~~z~'~s STATE OF IDAHO' ~. ; ~''R4~ :ss County of Ada ) 6L.~~ o Public for Idaho 'ssian expires: -?~~~-~l.~ On this ~f h day of . _~xir, I _ , in theyear2404, beforeme, a Notary Public, personally appeared Tammy d~ Weerd and William G. Berg, lrnown ox identified to me to be the Mayor and Clerk, respsatively, of the City of Meridian, who executed the instrument ar the person that executed the instrument of behalf of said City,and acknowledged to me that such City executed the same. e~~+° SCE L, s °OOo O (SEAL) .,~.~ ~ ffi N oo~~$L1~ s`•'`~r'$ OF Ip ~! 1.°~ 4 iblic for Idaho ion expires: 4~~~~a 7 DEVELOPMENT` AGREEMEnTT ! R2 DEVF.Y,QI'MENT, INCJOLSEN AND sUSx aAmvsTR~AT • PARK No. 2 PAGE I 1 OF 13 CORPdRA'i'~ R~S~I.t~TtON R°Z t?~i.QpP~11~N7, iKC RE30LVtxC. that R•2 OEVE°1.CfFMENT, lNC., ht i~ Co csptit~ty hatwby ~ctditaiti~, Ronald W. Vail Aukee, as Prt~tidtant s~f R-2~ e~Vebpme~n~ inc., f~ exea~a tiro f~nrObpttl~t AZroetrtord w~ the drlty et Meddi®n far ~ prapvrty knovm as Vitart ec~h itttitatd Perk {~io.2. it is f~ulhar taeoN~i 1~t ~9d19y i" M'ttter shad execute the ~rtte egr~marn in [~tPof itte,cpcpor$te eta[y. i'URThi@R RaSOLVLO, thEit ViCt P~roSaat'-t !~ auth0~6~ and empowered to da or a~+ae to b®done atl ~ o< ih(t10ti +arid to stgrt aqd ~', ar oc~e~ae to by siQnvd and d$Hvarpd, et<i such documents, Eastsumsnffi and cesfiRcete~ indtdins, twt not iitlriited to tho firt~ai ~+iat, irpprovt;ntent bond. bu~dinQ peitNt a~pl<ce~ttorts Bind other svoh items. in ttte name artd ert tt~she~ of ~ esirporetl~ M f bD efFect 91a devekapment of the Ois4n t;iustt: Etldustrial 5abdivieion Aia. Z. ~'obNittY 77. . EXHIBTI' A ~,eaal Descri~rt3an 4f Frope~ A tract of sand situated in the Southeast 1/4 of Section 8, Township 3 North, Range 1 Eert, Boise Meridian, Ada County, Idaho, descn"bed as follows: Commencing at the Southeast corner of said Section 8, thence along the southerly line of said Section 8 South 89°32'00" West a distance of 871.18 feet to a point, thence leaving said southerly line North 00°28'00" West a distanr,~ of 520.14 feet, to the Southwesterly corner of Olson and Bush Industrial Park, said comer being the POINT OF BEC3~INNIIVG. Thence North 89°02'00" West a dist~r-ce of 1015.07 feet to a point; Thence North 06°08'3I" Wei a distance of 806.01 feet to a point on the northerly right- of-way of the Union Paei$c lZailmad; Thence along said northerly right-of-way South 89°02'00" East a distance of 1094.80 feet to a point; Thence leaving said northerly right-af-way and along the westerly boundary of said Olson and Bush Industrial Parr and the northerly extension thereof South 00°28'00" East a distance of 800.06 feet to the POIlVT OF $E4INNING. DEVELOPMENT AGREEMENT ! R2 DEVELOPMEN'.f, INC./OLSEN AND $USH IlyDUS'1`k,IAL PARK I~10.2 PAGE I2 OF 13 EX~YT B Findiut~of Fact and Cq~nclusions of LawlConditinns of Apprpyal DEVELOPMENT AGREEMENT / R2 DEVELOPMENT, IATGJQLSEN AND BU3T~ TNI7USTRIAI, PARK ATO.2 PAGE 13 QF 13 . ~..._ _~ __ - ~-- .. ~ .r..._ - ~~ _.. .....:.. , ..rot ... ,•~ ...v+ -c`.. .U~ ~w - ~~~~~ ~~r ~~3 1'~tN~ tiP' FBCT Ai11]~ C.IIB]Ei~18 CAF ~? The abo~re entitled matter has+~.ag co~ae ore for coas3derativn oa ~'une ~, 3996, awed the City "Council b~aviug ca~nsidezed this matter during the pnblia hearing on i~ay . 7, 1996, Brad Mi.3.lex~, the Fetitioaers repres+enta'tive, appeari ng aid testifying, snd the Cottac~,l ha~ibg adopted aid epprcved the Fiad~.ngs of Fact aid Caac3.nsioas of Zaw of the p1aAAiag aid Zonix~.g co~ssioa, but at the City Conx~il meeting of June 9., 3996, the Counc33. having requested a~nanded Findiags cf Faact and CoQelusioas of La~iv, and the City Counc~.I presents the following Find3ags of Fact sad, Conc3.us3.oas of Law: Fr~nox~~s of FACE Y. That a notice of a p~sblia hearing an the ~exatioa aid ~a~g request was published for two ~ 2 y coxtaecutive we$~as prior to the said patrlic ~ear3.uq scheduled be:~ore tixe B1e~iIIg and' ' Za~4 n,q Cammission for March 12 r 3395; t~.t notice of public hesrirtg on the ~nnexatian and honing request was pub3,isbed for twa t2) consecutive weeks psaor too the public hear3.ag s~chedul.ed before the Citg Council FINDINGS OF FACT ADD COPICLQSI©NS aF IOW ~ f f . Y ~/' &~ DN;/ELOPi~1~T' ! f 0 /~ - ~~~~ ~~ 1U~ -#~ . • ~ • •w. 1 .... .I..J .r ~~~ rw r. ..r ... w : 9 • sL~ .I~7 1~r ~~ ~r.w. ~ r ~ i .. • •wr . • •'a++ .u on ~y 7, 1996; that the matter wars dulp considered by the City Council at the May 7, 1996,he~ringp that tha'publ3.c w~.s gives full aPPc~~ty' to e~,aress oommeuts and t evideaa$; that copies of all uoticeas were available to newspaper, radl.o sad television stations; that the City Cauaeil ~ a=lfter the ~~- 7, 3.996 hearing adopted and agProved the ~'indinge of Peet a<ed Conclnsiaras of Law of the Plsna9.ug and ~ouia+g coiaamisszon; ~ tbat the City Cous~c3Z reconsfd$red the Findings mad Conclnsioas of the Plasa3ag sad xoniazg C.ssioss at the June ~, 199&, meeting arnd regstaateci amendd3 Find~.ngs . Z. That the Property 3.nclnded in tha3 app3,icat~i.oa for annexation and zoning is described is fihe appl3catian, and bg this referersce is inaorpozated hareia; t the progartp is apgro~mately 1~ acres i.a sine; that the gr_~~-ty~ is situated ~.thxtx the C3.ty of ~+iexid3.an's Area o~ ImQaet and LYrban Ser~.Ce9 Pl~~~g .wee.. 3. Tbat th® property is pres®ntlg zoned bq Ada Countgr as RT rnssl Transition; that the Applicant requests l-L Light 3:tsdustriai. zaninq for the property; tkat currentlXr the progestp is being used as pasture ].and. 4. ~ The general area surranud.3.ag the propertp is used for ,ii.ght• iadustria3,. That to t3~e worth. xs the ,oa Pacific Rail.rcad and oa the other side of` the railxoanl. i>g the 81?s-ir Iud~9txies F~P~3~ which is alight a.ndastr~l use; that to the west is pasture and the school distri+at .boas fac3a3tp and to the south acid west 3.>, the light ixid~xatzia3, use of '~C sad Vari Auker. FI~iD3NGS 03~ FACT A'l~1D CONCLUSIONS OF LAS' R2 DE~PI~SEN'1' P3~iGE Z 5. . Thst the prape~y ~.a Aaw adjacent and abutting to the pres+~t Ci'hy lets. - b. That R-2 Desre3.opmentfRonald Van baker it the Applicant; that the .Applicant doss v~rn ate lead and bias conaeate3 trr this an,n~cat.3.oa and sotxiag need the appl:.cativu u not at the regae,st of the City of 1~Ietid~.aa. 7. That the regaested zoming ©f Ls,ght 3ndrtstrial. Dis~a.ct jI ~} i$ defia~sd is the Zoning G1rr~i~ante at 31-Z--~QB B. as #all,or~s a {x-~,} Y~ight ~tdustz3.a_1: The purpose of the (~-L) Light Zsxdastrial Aistriat is to provide foz ~.ght iual~tsitr3~l devel+opme:xt and opportunities for emp3oymeat of Mer3dis~ti citizens and area residents and rsdtce the used to caam®ate to rteighlti+ariaq citfes~ to encov~rage the d+ev'elopmeat of msnnfaaturiag and arhaigsaia gstahli'shments which .~Q alear~, gaiet quad irea a:~ hazardous or abjec~3caable elements, such as nois®, odor, lout, smoke or glare and that are opted entirely ar al~acst entirely witb3a saclased struot'tires, to del~teate areas best suited for imdustria3_ develaposat because ~ of loeati.oa* tr~ography, exist3atg fac3 liti ea and acelationship tv other lead uses. This district must also ltie is~ suc3a prox$~oaity to incsttre canaecti,au to the I~iuaicipal 'Rater and sewer systems of the City of Mesidiaa. 1~ses iaaa®patibls witb light industzy are.uot permitted, and strip develapaaeut is prchib3ted. 8 . SChat 'the Appplicant • s r®px~se~tative, 1~. ©aYid Aayl$nce testified. at the Planning and Boning hearing, Mars~~ 12, 1996p 'Shat this pra~ect it located ao~rth and w~:st bf the intersection of Franklin and Eagle Roads that to the north is the IInioa Pacific ~4.3rcad tracks; that the praj+ect oontains 2~#.4 acres and has nine (9} lots; that the Applicant proposal centra3.'searer Bad oant~ water cad ACffi? approved pah73C stre®t~ , ' 9. That the ~pplicaat~s repr+ssentative, Brad Miller, testa#ied~ at the City Council hearing, tap 7 , 3996; that Mr. ]~.13.er FxBTD~IGS OE' FACT ABA COIdCI,IISI~OES OF ~ R2 DE4EL4PMEPT PALL 3 .• 1r. 1 •..~ 41C/ a li • ~ r ~ 9r.* i L i PU 1 _ .... yT/f.:l rV~1 w . ~r.a 7~ ~ yr -b . i : w •~~. .uw. refet-aC®d to a enema z=om Sbaxi Stiles, Citg PlaYSniaq Director, stating t~iat there be a ~ requ:Ere~t for the co~xdifi.~.cua1 use iarncedute far each of the nine (9) lots, not be made a rea_uiramsnt; . that it is the preference of the Applicant ghat the bu3ldi.ags being built within the 2.ic~ht .iudnstriaY zoning being regQested, not be sab~ect to the a~ndit.~.ousl. use pezmit psacessp th$t the re~~~-moment t3xat Qidev~alks be oxx bath sides of the attest ,hhe ~va~d and that the .~-ppa.icartt just pnt sideo~a].Jcs art S-ae (1) side Qi the street sit4ce it *.s an iadnss~:rzsl deve3.opmesat . Z0. That c~msats wet$ submitted by the •~s3atarxt to the city . E$tf,~.IIeer, Bl`tZC3 F~C~.~C•LBtOn, th@ Fla~iag Sad SoII1ug ~ ; n4 at~'3'~Dr* Shari Stiles, the Bser3d3azt Police and Fire Dept, the Ada csynai~r Street Name Committee, sad the Central b3..strict Sealth ~p~eat, sad are 3~carporated herein se if set f ort?z in full . 12. That Bzuce Frs+elc'!.etna submitted cats aatd th®g are iacorpc~ratect herein as if s®t forth in full; that e~ay exi~atiag ix=igatioaldras.uage ditches crossing the grog®rty, to ba xrtciuded is this project, shall be tiled per C$ty Qtd3.aaac8 I1-9-5135 N3; that any escisstistg dom®stic weL1~a and/ar sept~t.c eyste~as with this project shall be re$coved from t3teit domestic serv3.ce per City Ordinanc$ except wells mag he aced finr Aon~-dcm~estia purposes ~suci~ as landscape irrigatioA= that a master street drainage plan be submitted, including `ate saethod of diepos~tl & appto~'al tram the a.#fected irsigatior3t/dra3aa,ge distriet ~ tbe.-~ a profi~.e of the subsurface so3~.7. eond3tituts .shall be su~ritted to detexmise the seasonal high groundwater elevati.~a and prepared by a soiz FINDINGS aF FAC'.C AND C08iCLNST--DNS OF' IOW R2 DE'4EL17PMENT P ~ vy~ ..r VY .V _.-. ~r. • • VIA .o:: .Or.: till . = _..r ~~..r .... v.... .r • ..r .-•Lr .rvT .ti .r J ~ . yy. r Scientist s~rith the strut. deve~.opmettt pleas; that a aapg of the r prr~posed restrictive ecveasaata aadla~r deed re5tziatioas be suhmatted fcr review; tha-~t 5 foot wide sidewalks be provided acoorciing tc C$ty ice Sectica 12--9-506 E. i that a letter from the Ada County Street Name Committee, approvia,g the subdivision and street names r be st~mitted malc~g anlr uee$ssaty corrections to the F~~' Plat map prior ts3 re-subma.tta2 to the City; that the fire hydrant placement, witxt the C~i.tp of AS,eridian •s water works Stxpe~rinteadent ase.istax~tce, 1~ cc~asrdiaate,d; and 'thaat re~:pan®~e 3s~t• - writing to each of the cvmaeate as the revised Preli.mS,nez~- Plat l~.p . be mad~t to the Citg Clerk's of€ice prior to the sc3tedp3ed hearing date. 3.2. 'shat 'the $pec,~,ic site Cow°a,'~t from t$,r3 A883.stAat 'hA th@ C~.ty Et:gineear, Stute Frack].etaa were the fol~.owing~ a. That the legal description contained it! the application for Aaaexe-tion and Zon~fag defficr3bes more property than what .is sh+awa an the Preiiau.uaacy P3.at map, bav~ever th+s legal dea~exiption sabmitted with the.Pre33mxnatg Pl$t applieation,, by 8op'2.ancsa S ~ssaciated a~ titled ALegal, bescription for RZ De~lopnt®S3~ 4 olsoa ~, flush 2~3ustr'faZ Parlt•l~v. 2 Prelimir~,axy Plat -- 14.39 P~cre Tract" appears to der~ct33~e what is showA as the Prel3mai.nary, Plat ~ that if it is t$e inteatyan to regnest .~unnexaticn arsd Zor~tg for ire proparrty than what is ehawn on the PrelS~mina,~- Flat map, a new legal dearriptioa must be prepared to inolude a17: the intended psopertg including those Poona of ad~a~t Rights-of~wa.~r sad shall Lie prepared by a Registered Land S or, Licensed bg the State . o~ Idaho, as~d shall canfa~a to~ provisions of the Citg of Aierid~,an Reaalation No. 158. b. water serv~tce to this development sha13 be front a=t ~~istdtig msia iasta3.led alaag ttie weste~riy side of Eagles Road and all water mains shall be installed, at subdivider'e exp~aase and lecatioas sba21 be coosdiaated throsg~t th+e Pablic frYvrke Department.. c. Stever service to this d~avelapatent shall be from a F?IiDINGS OF FACT' Ail'? CUNCLaSIONS CF R3 DEaELOP,~T P.&~ 5 that is cux3eutiy bc3iag desigu+sd, by Pacific Laud sursreyar as past of the "koneld W. van Auker, Inc. -- Sewez Pzo~ect° . d. when. e~a~aer and water mais~ are install. to servsc~ th3.e aubdivisio~x, access to sewer and water rai3]. be d3.ract3.y adjacent to the twelve Lots in 02.soa and Such ~adx~stxial Park wo. 1, an Ada Cotutty Subdi~risifla. e. Shos~, Zabe3 and d3aaeasioa, a 1 er3staug easements and,lo~c righter-spay within or adjacaat to the ss~b~ect parcel, i,e, "IIitioa Pacific Raalroad", "~v~s Dsaia", "Sxtgder Lateral", and the 60 fo+at wider eai~emes-t going tb Fr~ilc].i n Road aar3 a~ag other e~esemeats of record. f • A 60 foot wade stub etre+st needs to be extended towarr~, . Fraatc3.in Road, adjacent to the e~terlg subd.l9ision bpundary. Thi~r stab street wott7.d a2iga with the existiYag 6+U foot aide ei~emeAt acrossr the parcel .s+aath of tbl,s. degelopmeat. Sewer and water mains shall be extended to the so~rth bouuda~ o£ this deve,].opmeat ~, the stab street. These mal,ns all be 3.neta7,led, at $ubdiv3.dex•'s e'rpense~ and locations shall he c~rdanated thrangh thc~ publac i~orks Depaxtmeat. 9• The 3ocation of the proposed newer main exiting the dsve„l:opmeat $ppears to be is ear. Coord~uaate r~th Pa+Ca~.fic Land Snzvegorg #ox the actual design location. A 20 foot wide Boa. axes I,r-t seeds to ba centered over the proposed sewer ma$a l~tween the raght of w~- of ~ar~rlc ~tzeet and the north ~~ of this e's~.t. ~Jwaership and ma~kntesza~e respaussbility of the cflmmon Ares. Lot shall r~aaaaita with the e~rasre a~sec~3ation. A b3.aahet easement aball. be granted to t2te Citg of ~id3aa for the operatiaa sad .maint~eaance of the server mania. h. That Z50 watt high preasnre sodium street lights w~,11 be rez~r®d at Iocatia~ats designater3 by the ~ridiaa, Public Works Aepatrtment. .All street lights shall be installed at sulidiaider's expsage; that typ3.cai locations are at street a~terseafi£o~ts and/'or fire hydrants. i. The lea of the cul-de~sac exceeds ache max3mma allowed P~ ~-tY ~; that na q'a'ri~ces have bees •regnested for the excessive length. j . That the tresatmeat capacity of the +City of Meridian `s Waste~raater Treatment Plant is casreatlg 3~eiag evaluated; that appro~aa'l, of this application needs to lee contissgeat upon aur0. ability try accept the additional sauitarg sewage generated by this prflpo9ed dero'elopment. 13 . Theft Shat, stiles, Planning sad honing .~,,; stratas, ~I~I3S OP FACT . CDI~CLt7SYOHS aF LAW R~ nEVEL4E1~9`1' PAGL G 1.111 .`.r LV ~~ r.r 1 ~ 1'•~ 1 4n . a Y i {SI 1 ~:.: V .+4ti '~i..r ~ • ~rr~~ /4'~i ~ . 1 IL 1 a . 4 t i iV .ttati tamments and they inc3,uda the following: a • A~.3. parking are8s slxai3.l be landscaped and prcv.~.d~ w~,th utxdergrflund spr~.nk3ert sy~ste~ns 'to meet the require cents ai' 1.I- ~-$I~.D. b. That a detailed site plan review wil3 be requased at the tame of tht building pelrmit applaeatiQri; that' this site glee review wf 11 ,~aaure ccmpliazsca with all Cites Qrdia~$s . a• That tBe seven (? } lr~ts is Olson 3ush Sx=bd3.t>>.s3,ozi No. 1, by otaaer Roe Fanke, should be a~cexed to the Citg of Maridiau~ thet not bavd~•g tkis cerise area annexed along the fxontage of Lanark Street eaa create probleats far tyre Meridian Police Depa~c~ment, ~ aud. nay development of these additiaaaxl lots should t~k~+ place meter the regaaset$ Qf ~erid.iaa City Ordiaaaca.- d. Pravide a 6D fnot wide stub street to the south at the loeat~Lon of ttta existing . 60 foot said+e eaisemettt; that nv additional ae~ess wi1~1 be greeted to the prape=ty sa~tth of this development fry eagle itoa~d. e, Ptav~t,de' a ].ette~r of oval from the aPPro'Fri~ate irrigation distxict (s ), for ti1~ mf °~; sting ~.ateraZB /drs~.ns . f. Provide pezmaaent n4a-comhustfble fencing ad~acarnt to Union Pacif,3:c Ra Y,Zroarl right-rof-way Pr~-or to olitaininq bQ3.Iding perao~its. ~o ancraetehzaeat Af this right-of-war is pernt3.tted. In add~.tion, at ~na~, te~,,~~y fencing to contain construction debris will be required for a~,l develop~aeat. g. 5inae tb~a Appizc~ant bas indicated. this i$ a camstercial/indaatsial development bat has requested ~adustria]. Sorg, a conditions]. use Pert ~P~ation for a pla~tned developm~t s$all bra- scabm3tted and approved if it is to be ccttsidered as a mixed use development. h. ~5iutp• foot raids prc+posed ~aaark street should bps z®ad~usted to provide a fetter t~~eition ~r4ca tI=e existing 50 foot wide se~ioa. 1. Tli3t ~reetl3.ghts are t[7 be is place. prier 'CO abt~i ng building Permits oa any parcel. ~ • applicant shall s~tft a ~ revised psel3mi..nasY plat incorpora-t3nq r~ ~ red staff and agency cha~ages ~ showing a 1 e~risting easements a ~+~ T of twa f 2) u~ee]cs prior to City Ci~nnci~. ~tearinq. J?3'RUI~+tCvs OF F&CT ~ GCNCIdiSIO$S OF 7~W R2 DEYELGP~T - ~'~,GE 7 • ~ :. i ~ nr ~ ~.JV ...+-. .rS:.+: ..~ .-w:~~.... ~~ .uu. mac.. k. All sawerlwater 3 ins locatzona s~-nt~.d be 3.ocated iz~ pub].a.c right-of-wag or with= n a esaumton lot. 14. There were property owners in the a~caa of t~.ie proposed s~e~atiaa that appeared nand teetifi~. at the P3.ar~,~rg and Zcn.3.ng hear~.ng on I+~stch 12, 1946, to make ca~t[ents +aa the agpl.icstion aid the fvllawa.ag is a swaetwry of theix testimony: a. Lucy 4alent3ae tsstz£ied, laxittging v3sn$.]. aids to shag hiR . anaceras =egardiag this developu~at; that with respect tc: O~,son Snsh ~fo. 1 developimrat, thew has bees abaalutelp no sereenia+g azzd no landscaping dc~.e; ti~at his cosscern is ti~i.s will be the case wztI~ t$3.s application; that storage yards not scr®ened, per3'cciag leyts not paged oar sc~raened; thgt representing some cvac®raed e3.tiaaus amd residents in the area, they want their right p=ateCted to the same level cf anatities or hig$er qua33ties that the snvi tort wards; that th~.s is a thrivit:g area t~~ ^~,~,+*~ t1r and single fami.I.y sesic'ienc$s and the res~.sie~t.9 would 3ike tcs keep at that way; the visual pollution ie des~adiag to the. neiglil~or~aaod end the ev®muni~i that the protectS.~ covenants will xtet give the r.,.~,.,,.,w+ty the k3.ad of aseurancES~ that motet be given. concerning the residents ~ vested rights; that 9vritteA guarantesa from. the deve~.opera and owners cam®.i"ttiag this development to provide a clean, noise-free eaviromuent, ~=ee v~ pollution and haxard,~xs elem~cts rich are ab~e+at3onabl~, try the residents sad preperiy owners that 'sze d~s+~ctly affected. `Ms. T/aZeatxne summerixed :1.A say~.ng that •the xesideaxts believe that the subdivis~ien ~..s arbitrar3lq or artificial,lg laid out to, avoid be3xig adjacent to the Sngder Letera3 and wa13, as to aQOid being adjacent to the coven s3.ngle family dwe].1$ags between which a transition Bard wott2.d be necessary far protection and besntificatiar~; that a buftear strip ~tZd help ~w3.tit fibs ~s;:thetics •of Franklin Road a~ Eaq],e road et~tryviey corrit?ors; that this Coseatissiaa require Olson Hash I~a~. Z developez and o~aaera to eJl+e~an np and screen the3 r ,junk~r devela~~uut to demousatzate ~eq deserve to expand befvz~e any other.development appl3aatioas ate aPPrav'~d and to require coad3.tioaal use peim.~.ta for a1I the kit's: that the residents, including •himself, are not against dewe~.og~tag the arse. b. Arad ~31er, represeatixcg ]E;2 devel.agpm~eat, testif..ied that th@ 3~~GrmBtj.On pr@eeatad bg M1c. '~alentirae 1P.t about the F~314GS OF ~~ ~D CflA1CLI3SIt}1~6 QF LAS RZ DEYETAP~T PAGE 9 • 1 •q Il~ij ~•,Yi~• r4JV ti~I~ '+Lw •. ~/.'k. ~L~•••Ni••N.+•1 •Yr• ,V t}lson ~1T„~13 NO. Z d.@'DelOpmeA•~ ~ of whi.C$, RZ d£''D'®Z.Op1$~'Y1t had s~oth3 ag to do with= that as tke north s~,de o~ zanark, R2 develflpme~xt has' a fine Zavki~ag bu~ildinq sad fine look~.ng property; that RZ has other developm~rnte of .e~gnally fine ioakiuq character that Mr. 'QaZeatiaae would be proud to have is his baekyerd~ that C C & $'s have beau submitted in th7~s phase; that ~eeaed. f~~?~~Gi1es.'~1~ reps ~b~ pa'P~d, -o ut g -the yard. y, t~'~ ~VEtrq Bt0r3Q14 $~8F3. 'te72L'~C~ 1m9 Mara ant 'W~oaJ.d be a that R2 de'o~eicpme~at does nor xaow w g 1 move iaty' the buildings b®as-g censtrttcted in tit3s project., bnt• the satic$pa~t~.r~n is that th® property will be svbd3.vided, buildings bailt and leased out; that at' some point the Apglicant may s~ one or tzoo of the buildings, but k~spiag the area look~.na~ nice is would be an 3.aces:t~.ve since the ~ppliosut 3.s they Pt®pexty a~aer. c. That Bill Tonkin, teatafied, affirms.ng the esrJ.~.er ter~t3ncony of ~. valentine= that th$ property awnea~s that overlook this propeztY. are merra].y ree-cting to eomethlmg that has occurred and doss ~t wash tc~ see it repeated. d. ~1 Scbaebly, of f ezed testimony that he -dries' not agree with this proposal as stated and reit~arat+~s tixat same express~•ons as that o7E Fez. ©sa].eatiae. e,. Da~.e Fleta3ses testified t.,~t h® too, is .in agr+sems~nt wit3s w~iat Ms. 17aleat3ae had to sag. f . That I+lr. Oren Mayes testi9Eied, stating that wane 30 odd years ago when most of .the property along the ran at Fzankliv. was developed an+d snbdisr3.~ded, ' theses was as question to whether th3aa was going to be industriaS in light of the ra33se~adr that folks- are complaining bout - azs iadt>strial park development taking place below them when they kaera sn industgial park t~s gcsiag to happen s~~teday. XS. There was pnblie testimony at the Citg Connc3.7. bearing Qn May 7, 3996 and t}~e follawirg is a summa'cp of that testimony: a. Gny valentine testifies -that he would 1~.3cg tine eoaditfoaal use pra~cess eafarced; that the residents- in •tiYe" area of ~Ibi•s project w®uld ].ice same gtzatasrt+aes fro3n • the City 3.II.• protectisiq their vivwl eonceraed ora~th scr®ening, storage areas aadl par3ciag= also caneerraed with aag futnse debe3ogment of ®xtendinq tkes~e lots and if sv F~NDIMGS OF F.hC'F C4HCLIISIDI~6 OF I~3W R2 DEFBLOP~i' P~Pic~ 9 yam • t~:i'l../a~'tl ~ . .. ~..~ ~... Vv ..v .e ~. . - .~. -.... .~.~~. • ../e. w.~ •Lr .~. . V . -w ~v what's to protest the residents; that he would like the ftx? 1 Snyder Iatezal• to r~~..~ in the open: fist Eag3e Road is a designated entxyway carsidor and the ax~:a shcu3.d L`® given 6aiae cansideratiou. b • Dave Roylaace testified that t3ze cand~.ti.oaa], tree permit ,process in as ur~uec~essary burden; t~tat taithsn a aestaia ~~on$ there are principle petmittod uses and that it is bardeasvute and txa#a i •.+ to the developer to ni$ke th~.s re~sirQmeat; ti~at one prot8etion to the Citg wav.7.d be a development agreemneat wh#.c~i world x'ega~sba $ 9tagf+ level des~,gn review process as paxt of the buildi~-g permit process; that the deve3r~per intends to -tile evesl: ditch is the ps'o~ect. c. That Janette Fletcsher test3,fied regarding 'the alaaainel txp of thv garbage and getting that cleaned. up and reiterated what qtr. va3.eatiQ,e testifi~i t.0. . 16. That Cr~uncilns3n. Morrow Cited that _ there are conaty uses !o~ith_ia the Applicant's e~rcinnd that are not aon,ed and annexed a~3th3a the City and c~bvxously stzkt~ect to •fihe conditional use pracesa ~ that msa$t ev~,spth3ng west of Ragle Read iss not subject to the can+iit3.ona1. use pror.aasa, that under our ecouam3c deva3opooaeat goaX stat~eat pol3ep that the City cf Meridia,m sha31 make every effort to create: a .positive atmosFhere wv3eh +eacaurages iad~cstriai and aotmn+eraial enterprise; that the pa3.iay o~ the Cit.~* of Me=idian is tv set aside areas fat comtaercza3. and sadntstsial interest and aati~riti.~s to be h~i~s with uattxra3. development and respect t-ho needs or features of the area; th:ct ~tLa3.s ~ be accomp3ished by hang coo®naats and restxictioh$ a~i~.tbin tb~e subdiv~.sicna~ spa fraat a practical sfandpaiat he has a problem with with thQ conditions~l use process x'eguirement.. IT. What Shari. Sti,Ies ecmdmented that although the conditional use process 3.s very cmobe3csQme and times consuming, it doss gigs the x~~s ©8 FACT A~vn IISrc~s of :~ R2 3~9RLQ~' PAGE I~ etc TIITRL ~'A('E, l® xac ~~. r ~ +.w ..v ~.. •~ . w ..L :.araru r ...rS ~ . ~ ..~ ~J.iI JV~ +.~~1~1t~ rw .'T S . ~.. r • . 1.ilr City More coatsol; that in a light industrial. zone there are { tecye3,iag giants, solid waste transfcar etata.ons, any number of tha.~ngs that are n©t go3,ag to sit with what the neighbors thank, and that this k3.ad of +~'~elopmeut is going to be these for a long tame to come; that it 3.s going to set a p=ecede~.t and goiatg to r~+~ ~ „ ~ n that ci~araCter for years sad year9; that there is nothing wr3ug with rega~ciag~ conditions].. nee petsr~ts sad effecting a little highc~ aloes than, has been: expectesd is the past. ~r$. That Cou~~+,'!t~ Tolsmg m$de cosmaents that the er~adz.t£Qrca~, tree process has validity iri that it allows the City Council to see what is goi~ag to happen to ~ the ~develop~eat sad that 3.# the d~reloper does not con#orm to t3~e eot~ditional uses, they are oat of business. 19. After additional disc~utss~.on betr~aeea C.au~nc33mes~. Morrc~rr Tnisma and Rottntzee, a motion was made tc accept the Planning sad 2osting ~Fisxdiitga of Fact end Conclusioo® of Law which w~ adopted on a three {3) to fine ~i~ vote. .ZO. That the paroP~Y can. ~ pl:gsicslly aesvio~d with City water sad sewer, but the sewer asxd water ia~aes will have to be extended to the property by the.appl~taaat. 2~,.~ '.ghat MmTidS.an hss, etld is, eapersencing s subetaatial amount of groorith; that there are prea~sua~es ou Iaad previou~lg need #or agr3.cultura~, ua®s to be developed .into ree ~.dent3.a3. subdivis~.on iota, co~ra3.a.1 and inciastrial rases. Za. Tbat the folloasiaq pertia~ent statetaent~s are made in the Meridian Comprehensive Plan: F~,11DI'NQ5 QF Fes' Alm CQ~Q,~T$It~9 QF LAT+~ RZ DE~OPM~ P~ Il _.... ..~ w _.. ~.. ~... _ _.. , '.sai. ...:.. .. .+..G. rr ~. Under the LSD, GEREF~AL F4.LICIEB, section oommeAcing at page 22, at Mates; Enar~urac~e a balance of land uses to ensure that ~Yeridian remains a desirable and se1~'• snfficieut commua:ity; attd tinder the I~DaST,E?~L POLICIES, it states in part as follows: ~ .1 Industrial development wsth3.n the urban service p~,anr~i r,g area 9hotild recsi'-re t$' a highest p~„o1^~.,ty. 3.4 ?aadastrial develapmeat s$or~.Zd be encatrraged to locate adjacent to exi.$ring jndu~iai Haas, 3.5 Indttstxisi asses ~shotild be l+acated Within prQg;,.,,ty try major util~,tg, . t~raae3sartatiez~ and services #'ac3Zities. 3 w 9 I~tduBtr~,,~,Z u~~s should ~ located Vrhere d3acbargs~ water can be properly treated or gare~-treated to ~'~ ,.ate adverse ~ impacts upon the City sewer treatment facility and irrigated lands that receive industrial rnaoff. 3.1Q Indttatr3.al uses should be located where adegaate water st:gplp and water pre~ss~rze are av~iiable• for fire protaation. axtd under the Esstex~.-Eagle 8oad r.~tght ~ndustria,]. Review area is statsti as f aZlo~*s 3.35 the City of lgssidiaa ' s~ e~ocotYrage the de~aelopmeyst of a Tee~tolog3eal ,park and compatible light iadtsstrial uses taith~.n the pro ~ 'tg of -the Idaho Foreign Trade Eons. . 3.3.9 It is the p~alicp of the Cite of l~eridia~n to encourage and prcaaote light irtdustx3al deve$op~meat in the Eastern. Light Iadtzstss.al Review Area.. 8. Under ECo~ioM.TC . ,DL~ELOPMEbTT* Econc3mQic Development Gua1 ' $tatemeut Po cies, Page 19 3.X I'he Cite of Mezidiau ehazl make ev'erg effort to Greats a positive atmosphere whaich eaconzages 3nduetr3al and coranmerc3.a; et~te3pa~aes to locate za Meric~tan. 1. Z It is the police of the City of k~idiaa to set aside assns 'where ccammtereia3 sad iadtxstra.al, ~~n:~s o~ F.ac~ ADD co>~c~us=sn~s ox~ zA~ R2 DP.M~NT PAS Y2 t~__ ,,,. i~ereats aad activit~.es are tc~ domi.a~ate. t ~..3 '~be character, site imgrovemeats and tppe of new •.~~'•~,~.ial or industrial dev+e3.o pmerts should be harmonized with the natural environment end respect the unique needs and features of each area. 1.5 Strip 3xft~;ustsiaz, a~ eam~terc3al uses are not is coa~~r~ce with the Co3npreheatsive Plan,. 2~. That the Qropertp 3s ine3uded near an area des,ig~eated in the 14eridien Cc,-mpreb~sive Plan as being in a Migeci/Plattaes~ 'Gee D~arrelopm~ent area, bat it ,3s not shown as an ara~rge Steed/P3anner$ uge DeveSap~aent area oa the e~.ex~.3.i~ed L~ use ~iap: 24. That ia. 1g92 the Idaho State ~gt~Lelatz:re passed amendments 'to fife Lace]. Bl.ng Sot, wbtich 3 u G7-6513 Ic~etha ~e r relating to subdivision r~rd3asaces, states as follower °Each such asdinance mag provide for mitigat~.oa of the effects of subda~visie~n develogueeat on the abi] ity of poJ.~.t.,ics]. r~~divisions of the state, ine3.uding schcai districts, to deliver gerv~,eeB without camgrvmising quaZitg of ssrvias da3.ivety to cuxrant residents or imposing subs~-ar#ia't add~ttioaal costs upon current residenta tv accommodate t„he sahdlv~iori. ° : - theft the City of I4er3..dian is conce=aed with the increase 3.m, dave~.opates~t that is occaxring and with its 3:~ppact on the Citg bea.ng able to provide fire, police, escergencp h+~alth ease, water, sewer, Parks sod recreation sexvices to its carrsIIt residents and business and to these ~aoviag into the Cite; thQ City is also eoncataedthat the 3acreas® ~.z: aomme~ia3 and industrial develog~anent zs li=3ngixtg in ymeore popalatiaa and ai.s burdening the schools of the Meridian Sc1~©a3 Distx-ict which pscnride schoo3 sex~riee tea curceat - a1xd f-~tture residents cf the City that 'the C$t~r 1~aaors that the it3;crease in. populat3.oxe, and th+~ housing fvs that populetian, doles not FIND7Nt38 OF FACT ~ COI~TCLII5IO~1S CF ~,AW R~ DE9Bh{}P~1T° PAGE - 13 +..f~ ....~~ i saff~lc~.eatt3.y it:cr8asa the tax bese to offset the cost of prcavidiag fire, police, earte~rgeucq health PATs, water, ~s~wer, petits and rcaseation serv3.cesg and the City knows that the increase in. pvpnlat.~.on does not provide suff.~.ci.eat tax ~e to prortide for ~sahao3. ser+ricss to cuxaeut and futxtre students; that the itxa=ease ~. co~terc.3~l sad 3.r~duatxial wh3,ch miglst lc~cats is this adaexatica wvnld ben helpful. 2~. That p~vant to the inet~rnction, guidance; sand dir+actioa oaf the Idaho State Legislat~sr+ar the Cii-p ~ 3.mpose either a developaaexet fee or a. traasf,~r fee en residential property', which, if pvseible, would be retaroactire and apply to all - lots in the City, because of 4:he ~,.r~+,~lmetlt to the Iae~th, welfare, sad safety of the eiti~~eas ci the Citg of l~e~cidi.aa. 26. T~et section 3I-9-~05 C states as fellows: °Right-~vf-$ray far ~destr~.sa eealkwaya in t3ae ~idct~.e of long b~.ac3cs may be regazred where necessary to obtaan eeavenie~at pedestrian circulation to sch+~ols, parks•or shaPF~3 ~~: the p~edestrisa easement shal.7. be at le~.st tea feet ~ ~.0' ? i wide.° . 27. ' That Section 11-9-809 G 1. states as fv3.laws: - "Planting e~rip~c shall ba required to be placed rsext tea inco~etible features snob as highwagsr rai].raads, commercia], or iadastria3. aces to screen the view front resideati.al p=opertiee . Such screening shall be a ~*; ~ ~ ~+*+ of twenty feet i~~' l der and g t 7 not be a paw of the xtormal. sheet r$ght of way or nta~.lity easement. 28. that Seotian 11-9-605 H ~. states as follows: pP~stiag natural features which Ladd - waive to ,residential develapnsesit and ezthaace the atfi~actit*enesss of the. z-ty {such ss tarees, wateraoursesQ histvsic spots and aiaolar irreplsceabZe ameai.ties~ shall bm prasera~!d ~ the design cf the slxbdivis ~£oa p " . PI1~INt¢5 OE PACT ACID CDI~CCLaSIOHS OF LBT+: A~ A8'f~ELONT P~i~E l~ "L~r tL,~ - t~ a.r 29 . That +Se+ction 11-9-505 S states as fv3 3.ows "'fie extent at~d ~,ocstian of leads des~.gaed for .linear open spac® corridors should be determined. by natura3 f eatrtres and, to less~s extent, by man-made features such as utilitg easements, traaspor~etion rights of .way or water rights of ~Y• ~aadscaping, screeaiaag or lineal opens a carrid+ars ~Y be required for the prot~tioa of residoata~a.l p~p~ies from ad~seeat~artarial s'tte~tffi, watezwaysr railroad tights of way er other features . Ass imprQVed asses {landscaped)) , semi.-» improv~i areas {a landscaped pathway onlyf , ,;rt uu~,mproved~ areas (Zest in a naturaY, state), linear opera spacE corridors serve: ~• To preserve openness; . ~ . To interco~eect p$.rk and open s~p8cs system arztJxin rights of way for tt~sils, walkways, bicycle ways; 3 • To Ply a , mnjer role ,in oonsesv~.ng area scenic and natural valuer eapec3.a11Y ~tezways, dra~.aag~cs sad natnral~habitat; . ~ • 'To buffer more a~.atennive ad jacex~t urb~sn land u8es; . ~ - Tv enhaacs~ loco], identifacatian within the area. dna to the yuter~,l 1~3cages y and 6. To link reeidea~-ia? nea.ghli~orhoods, par3c asses and recreeticsn faail,ities. 3d. That Section i1-9-645 L otatee as folly: "H~.cpcle and peedestriaA pat3sways sha11 be encouraged within near developatetits~ as part of the pnbiic right. of way or as separate easements ea that art aiteraate traasp+ortatiun system. (wrhiah is distinct sand separate fry the automobile) can be Prows.ded throughout the City 'Or1~an Sex~ae F~ ag Area. The Commission and Carmc3.]. sb811 eoasides tine Ba.eyo3e-Pedegtri sn . ~i~ ~ for' ,ads Cautit~ (a8 grepared by Ada Conn Sigbway I739tr3Ct) when rsv;.ewiztg bicyele ar~d pedestrian pathway provisions within devr'-lmpments." 31. That ZI-9-507 .A, of the Snbdivarsion ordiaanee, states in Aart ss folYows= "The Citg's poiiay is ~-.o eacoura~e daveiopexs of laud devela~nt and co=t$truction pro~eots t4 utiJLiae th.e prt~viaions of th~.s 3ectiou to aehi~ the Fo}.lawing: FIND~iGS OF FAC3' A~ CONC1iIISI©NS dP L$W R2 DSgEI,QPMENT PAGE I5 art ~~ YV .r ,.r •~. .~ tip ..M ~I'V~ ~r~.r .y7 ~~~. ~ ~..~ ..... w-..~~ .vu• ~.._ ~~ 1.. A development pattern. iu acca~rd with the goals, objectives sad pol~,cies of the C~xnp=eheasiv® P3an; 5. A mvr® caavs~aient pettesn of coma-ercial.r residential $~ad, industrial uses as veil as pub].~,c service$ w:hi..ch support ~tCYl taS+~S. 3Z . That proper notice was riven . as reguired ~ by law ,sad. all proaedwres before the Plaa~i'.ag and Zoning Com~u~.ssion and City Council were given and fo3lowed. COHCLIIS24~ 1. That all the prvaedura3 re~aments of the 3,oaa1 7~1~~.., ng pct and of the asal3 maces of the City of i~s~.dS.an have bee~a met} iaclndiag the mei3.3.nq of notice to oy~aers of prepettg wither 30a feet of the external boundaries of the .applicatat's property. 2. That the City of Merid3,aa has anthos.itlr to aaaesr lead pvrsuaat tv SQ^ZZ2r Zdah- C,,,~'dgr 2.Ad Seati+ari ].l-Z-+lrl7 4f the Rev~i.sesi sad Comp3.led Ord3nance~s of the City of ~Q,-; ~; an; that ~exerczss of the City's aupexa-~ioa authority is a leg~,slative, functicaa. 3. That the City Council has ~ndged these etaaexataoa, coning sad eaaditicna3. nee applications uaader Idaho cads, seotzoa 50-222, Titles 57, Chapter 63, Ydaho Cade, Meridian City Ordinances, Meridian Comprehensive Place, as waded, sad the reaorr~ submitted to it and thiuga o~F whist it c$a talcs jadieial ~ aetiee. 4. That all notice and hearing require$euts set forth 3n . Title 67, Chapter G5, Idaho Code, and the Ordinances of the- Cii-y of Meridian have been complied with. ~ . 5. That the Council may take ~udiciel notice of government FI~TD~'GS OF P~3CT Al'a33 G014CI~II3ION5 OF LAb+~ lt2 DE~QPM~IT P~QE 1$ r _. 1 _.w JL .w r.., .~~ . • yi 1 ~ ~~/ii1/1 w.r4r •V, ~Lu.w _y. 1 r+. ~til.n.11:11 .~. 11 ~ V 1: ozdiaas~a~, and po].,3.o$,os, aYSd of acts caaditioas existing wzfi.~ain i the City and state. 6. ghat the lead w3.th9.a. the proposed axusexation is contigucn® to the gar®semt cite iimf°ts o~ the Cii~ of l~eridiaa, and the awaexation would nat be a sheeetriag annexation. 7. That t}ee anaegatioa app3.iostion has been inatiatad by the Applicant with fife aauseat of the propsrtp arynaer, and is not u~ the 3ait3atioat of th~r C.1tty of l~ridiala. ' 8. That sia~a the aaae~sativ~a $ud avaing of lamd 3s a ' 1$gislative function, the C3tp ha.s ae~.thot~.ty to place cesxditious uP~ '~ anae~a~tica oi: land. ~. the City ai Y+daho Falls ; 105 Idaho 55, 6Ba P.D 1075 ~1983y. 9. That the deveZop~aeat of a~•,r,a,led land must meet aad cosgsly with the ord;iaanc+es of th® City v$ ~r3diaa and i.a~ partiaalas Se~cti4a 11--9-615, wixich pertains to deve~.opm~ent tame scbednles and rte; p~~ P axtd section 21-9-505 M. , whi.,ch pertains to the tilisag cf dltektes and aaaterwalys and 1~,~9-CQ6 14 _ , >arh3.+ch rem; x$a pressurized irriga.tivn. 10. xhat the Applicant's propviced nse of the property i.s in co®plaancs with the Compreheasi~ Plan, and t~-erefore the anaearatioa atad zon3.ag Application is iu cc~#ormance w~,th the Ca~tprehensige Flan. J.3. That. the city adopted tl~e CQtn~oreheasivc BJ.au at its meetJaag ou ~'aauarg 4, 3.994, and has nat amended the ~cniag Ordinance to re~lsct the Changes made in th® C.cmprehensive P1+~n; thrrxs, uses may Ise callexi for ar allowed 3.u t}xe cnmRpr®heasive P3.aa F3~A3I1TCS ©F i~'.~CZ' AbSA CONCLIISIOI4S OF Lim R~ DE'~SLOPJ~T PAGE 17 • w• • ~r vit .r wv -~. . r. . h:r"'L~r .•L ~ ~wr V~.i "1 '7~~• ~r'!V ww~. .R4 ~ ~ ..ti, ~ ~ . • thi L.-. but the Zoning t3rd3.aaace may sot address provisions for the stated uses; it is concluded that upon snnsexation, as couditians of annexation, Whe City map .impose restrcictions that are not atherw,ise contained i~ the eurxeat $oning and Stabdivisioa acid Development Ordi,aaaces . . 1Z. The Applicaat has not stated ar represeated .its iateations for deverlopment r which v~ coneerm to the Plug and Zoa$.nq Coiami~ssiort and is also of coa+cex~a t® the Citg C~awaai3. prope~ct3r and aaue it as requested trott the Applicant should be . es„~q . e,. .. ,. ~:egnire~d to a~ro~f ~ ~d r+~ord Cov'ens~oits, aoaiditioae and restrict~toas. (CC&it} which +a~~ ., tis6 requir+eaeuts o£ the C~.t?{ as I3. That. 3t 3s concluded t~.t tike Cite cauld amaex the - sit forth is Coac]:usian 16 ,;and ent,~~ iuto a de~lopaxeat agse~memtt a.n ~rh3.ch t}i® City should set Forth the sam~s d~t~alopment aad buildings re~,rietior~.s. 14. That it is aoncladed that since the camprehensivs Plan, uad~es 718ND DAB , M3.red-t1:3e Area at 8egle Road a i3d Fxa_~'~ ? n Road, iu 5.3.6t}, status that all development requests will be subject to development review process333q to ins~.re neighborhood c+ampatibiJ.ity, thet such litmitation should aP81y to the ,~pplicaat anc} the ~,siad iavoived is this B}apJ.ication; that it is further coaclns~ad that such restrictions oaa, sad should tae, etrnctared sad Isid out in the CCSa~t's and the develapmeat agreement. It is therei;ore aosxc3utded that the aanesatticra sad ds~logment oi~ they pe~rcel of laasi should be s~ab ject to being de-annexed ~~ the CCSR's and developm~t agreement are not enterr~d a~cto by the c,~.tg az~d thr~ Applic~-nt . FrNDINGS nF F.~CT RND CODTCLaSIDDTS OF 7~ 1~2 D$9L'LOP~NT PRGE 3.8 35. ~hesr'ei'ore, it is coacindQd that the. gragezty should be aaaex~I sad xoued Light ?asdnstrial { Z~1<} ~ as zegne~ted iu th+a ~glicatioa, bnt sbal.l be snb~ect t4 de-annexat3c7a. ~ the CC&R's a~td debel.opmeat agr+~+2ment ars not agreed upon and execated by the App~Lcsat and the C~.ty. - ' 7.6. Than, as a coalition of aaaexatiaa as~d the zva3.ag the .APplicaat shall be a~egnired to meet aZl era;.xtancPS of the City and sg.fi~callg the be3oa~ statue Orc~3.aaace r~;'~'emeats sad shall aJ.so . enter into .a developeeat agre+eme~at as a'~cthdtiaed bgr 11-2-31G L a~td - li-~-417 D} that 'the de4eloPmeat agr+sement shall ~addr~e, among other things, the fol~.or~a.ng: 1.. Inelusioa into the developm+~t of the _ regaire~teats of 13- 9-$05 a. C, Pedestrian ~ftalkwmys . b. ~G I, kl~axitiaq stripe. c. H, Pablic $ftes and Open Sp~acas. d. H, L~Lae$1 Opent Spaa,~ Cotrs.dors. e. L, PedQStriaa and Bike Path Pays. f. ~, Pip3ng of Ditches 2. PaymesYt by the Apglica.at, or 3.f regasse~d, sag assigns, he3.rs, execatars or personal regr$sentatives, of any impact, develogmeat, sic traaefar fee. aatopted by 'the Citg. 3. ~,dclressing the sttbdivisitaa access linkage:, screea3.ag, buffering, traasational Iand uses, traffic study and recseati.aa aerv3.ces. ~ • ~a impact fee to help ac~ise a future school oar park sites tv serve the sites. S. Ba impact 7Ee+e, or fees, for pas3t, police, sad f3.re servics~ a$ deltsrmi.a~ by the c3,ty. 6. Appropriate berming sad Zands+capiag. _ 7 . Su~.ssioa and approval o#' say rte? red p3.ats. ~'SDIDI1ii~S OF FACT' SID CCNCLUSIGRS (}~+ L~ ~ DE9LLQ~ P~ 19 8, Sabmissior~ and apprQVal of ir~.div~idua3 building, dsaanage, xight~,ng, par3cing, acid other de~elopm~t planar ender the Planned IIe~elopment guidelines. 9. 8rirmot~ia3ng and ~.ategratiag the s~.te ~sprcvemeats rsxtii 'the existing develapmeat. - 14. EetablishaLng a lsads+caped setback urea all along the properties southern border and pleat trees that will grc~a to a height i~t excess of the tareaty (20? feet, .bat arrt higher ti~an foztp (40) feet and which shall be net mares than twenty-fi4e (25 ~ • feet apart at Mahe t3.me of planting r steal], be six (_6 y' feet iu, height whey glantsd, and an irrigation system steal]. bs cvnstructsd, .hater and f®xt33izer supplied to the trees to allow adegaatQ graw~th.- . 31. ,Addressing the comments from the City Staff, applicable .at the time of aaaaxatioa and ~oaiag ar at the time Qf development. l~. 5ehe ,sewer and water regaire~tts. .I3. TraffiQ glass astd access iaty sad oot og. any dievel,op~mtQat.. i~ .. PSeatit~g all parking a~td pa•~.~xg ordf nances . 15. And other items deemed neaesaa+-y bg the C3,tp St~-ff, incl~~g design rev3~ of all develo~uneztt, axed coaditiona3 use psocess3ag. 17. t Section 1x-2-417 D of the Y4esidiaa ~auing flrdinancs states in P~ as iollo~ws: "xf property is acuaexxed and zoned, 'the Ci~g mag r.re or •peroa=.t, as a. condition of the zoaiag, that sa osvaer or de~veloper• make a written cammitmeat e+maaerait:g the ass or dev~opmeat of the snb~ect property. If a cc~m~mitmeat i$ z~a reed or permitted, 3t sbaii be r~or~ed 3a the office cf the 3~ids ccauatl,- Recorder and shall take effect upon the adoption of the ordia,ancs anaexang sad zaaiag th+s property, ar gsior if agreed to by. the owaex cf the pared. .": . that the above sectiaa states that the development agxee~aeut sSa31 take effect upon the adoption of tans ordinance aaue~siag sad zoi~.i.ng '~i~ parG83. ~ beet nR d@VF2.~Opm~Rt 21,~g=t h2t:i b~tCli a~rti°Bd vn ~ Or span ~ dis~s~ed. Tlie lead could be ~sbject to ds-ea~aexatiox~ 3.f an FIl'~DI~S t7~~ FACT Ai~lD CdECLIISIQNS C3E' 7~ R2 D80~8~OP1~P'.E' pAt~ 2 Et acc+~ptabl.e development agreement is xtot u3.ti~ast~slg agreed upon _ after the annexation ard3.naac,es 3s passed. rt is concl~xded mat the Zand should be annexed and xc+ned, but subject tt- de-a~nnexatien 3,f a development agreement is aot entered into. 1.8. That it is concluded that t5ae axtaexi.sxg and xening of the groperty would be in the best , interestsr c-f ttte City o~ Lteridiaa, bnt it is cvucZ~cded t~iat the proms" may be de-exBd ~.~' ~Px'o?~.ate devoelopmarat agreement end CCSe~'s are not entered and agreed txpaa axtd eMecnted bg the Citg and the Applicant . . 3.9. That the r~eatte=t'~s cf the ~3esridieu Police DepBrtm~ent Mer3.diaa City Eng3.nees's ofi3.ce, ,~da County ~ighwag District, MeridaS.aa lil~na.mg Director, Central. Aistrzct Health l7epar~at, and the appli~,b1® aazigation district, shall be xaet and shall. be addressed 3n a. develops~tt- agreement. 2D. That all d~.tehes, canals, and watexways shall Iae tiSed as a Coadit3.oa of a*npYatian and if atot so tiled, the propertlp shall be subject to de,mnnesativa. That ~sressnrized irrigation. shall be ~.~ZStalled and coastri~cted, and i~E not so done 'the pr,aperty shall be S'~t~T~e+C'k tO d®-arrn_?,..,v~ttloII.- ~1. That the Applicant ahall. b® gyred to Connect to Merxdisat• water and sewer, at its expense, and x~esolve+ taw the water and sewer ma.las will serve the land: that the development of the Property shall be st7.bjeat to snd controlled by the 8ubdi'~.s3~ort attd DeveZopaceut ®rdiaattesr and the develop~ettt agreuaeat uttered rota. 22, That these oflnditions sbsll rue o~ith the Zand nerd band the appiiaaut axed its assig~as . FIND3I~6S 4F T°ACT STD C~??ffiCT,USIQNS OF IOW R2 D~Lt7PMEN~' P~GB 23 - -~ • -- -~ -- -- ~ • -• ._ .-- -. _ . --- -- -- - ~w - -- - - • -~ _.. 23. W3.th ae~tliee~ce of the ooaditions cnntai.aed herein, the anne~tatioa egsd ao~.ag ss requested 3.n~ the AppZicata.r~m wrau3d ,bc~ in t31t' bust intare'st of the Csty of Meridian. 24. That .if these eoad3tioas of • appzovaJl arcs not mtet, the propext~r sha].~. be de-aa~aexed. BFPRl3V~i. t~F' F~iDI1~fG3 ~F F'~lCT ASp CflBCY.tTSICfD6t4 The ,t~era~,diaa City Counca.l her~g adopts and approves these Finding8 of Fact and Comciusions. COLT MC~RRQ'W '~a'1*.~D COt11QC~ S~iTI,EY 'CI'g3~ED~` CODj.9C2I ROB VOTED CQ~CT T4LSP~A VGTED i~lYOR CCRRYE (TES HRR) VO ,~_____~ DSCI52~B[ The ffier~.diaa City Caancii o€ tha City of S~ridi.sa hereby decid+~a that they pxapexty set forth is the app3icatioa s~ho+txld 1~e aPProved fc~r annexation and zoning wader tha aonditivns set forth s.a t3sase Fiudiags of Facst end Caacslnsioas of Z,aar~ that if the A,pplioaat is not agreeahX.e ~.Tith theses Findings of ~ Fact acid cauclusiat~s as~d is xsot agreeable with eater3.ng into a dev+sl.apm~aut agreement sad adopting caveaaats, caadii~aoas stud ~strictions, the property ahoe~.d not be annex. APPROVED FI~334G8 aF' FACT ~ Ct7NCL'0'SIONS OF LA~l R2 DEVELOF~T DIS~PItO'C~ED: P3~GE' ~2 ~ 1~3TA~ FR~.12 ~c November 17, 200b AZ Ob-028 MERIDIAN CITY COUNCIL MEETING November 21, 2006 APPLICANT Horizon Development ITEM NO. 5-J REQUEST Development Agreement -Request for Annexation and Zoning of 4.43 acres to an R-15 zone for Touchstone Place Subdivision - 1187 East Fairview Avenue AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Materials COMMENTS See aHached Development Agreement °°I V ~ ate: ~` U~0 Phone: ~~ ~ ~ ~~UU ~1Staff Ini ials: ~~ become property of the City of Meridian. LJ BRIGGS ENGINEERING, INC. 1800 West Overland Road Boise, Idaho 83705 Phone: 208.344.9700 Fax: 208.345.2950 Email: sabrinawC~briggs-engineering.com To: City of Meridian 33 East Idaho Ave. (City Hall) Meridian, Idaho Attention Tara Green We are sending you: ®ate: November 13, 2006 Project Name: Touchstone Place Project Number: 50406 Number of Prints Description 1 Ori final Develo meat A reement (si ned) These are transmitted as indicated below: X For Approval Approved as Submitted Submit for Distribution For Your Information Approved as Noted Return Corrected Prints As Requested Returned for Return Corrected Corrections Prints For Review and Comment Resubmit for A royal REC~7F~N:;? LETTER OF TRANSMITTAL ~~i1,~y 'C~i IVY~~ic~a~ ~;ity ~;l~rk Qilae~; ADA COUNTY RECORDER AVID NAVARRO AMOUNT .00 51 BOISE IDAHO 111~I06 O~PM DEPUTY Vicki Allen III IIIIIIIIIIIIIII'I'IIIIIIIIIIII I III RECORDED=REQUEST OP 1061S71S9 City of Meridian DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Discovery Bay Developments, LLC. THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this \~'c~'~ day of ~~s..nea ~.s_ , 2006, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, and Discovery Bay Developments, LLC, whose address is P. O. Box 191096, Boise, Idaho 83719, hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, hereinafter 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/Developermake awritten commitment concerning the use or development of the subject ]Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of the Meridian Unified Development Code, which authorizes development agreements upon the annexation and/or re- zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for annexation and zoning of the Property's described in Exhibit A, and has requested a designation of (R-15) Medium High Density Residential District, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT (AZ 06-028) TOUCHSTONE PLACE 5UBDMSION PAGE 1 OF 11 a • 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject Property held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 10~' day of October, 2006, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which aze attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as the Findings; and 1.8 WHEREAS, the Findings require the Owner/Developer toenter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 OWNER/DEVELOPER deem it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at their urging and requests; and 1.10 WHEREAS, City requires the 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 toensure 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, inconsideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. DEVELOPMENT AGREEMENT (AZ 06-028) TOUCHSTONE PLACE SUBDIVISION PAGE 2 OF 11 • 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the cleaz context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a parry to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Discovery Bay Development, LLC, whose address is PO Box191096, Boise, Idaho 83719, the parry developing said Property and shall include any subsequent developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit A describing the pazcels to be annexed and zoned R-15 (Medium High Density Residential Distxict) 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 aze only those uses allowed under City's Zoning Ordinance codified at Meridian City Code Titlel l which aze herein specified as follows: Construction and development of a multi family development consisting of 48 dwelling units, 2 residential building lots and 2 commons lots in a proposed R-IS zone on 4.55 acres pertinent to this AZ 06-028 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: DEVELOPMENT AGREEMENT (AZ 06-028) TOUCHSTONE PLACE SUBDMSION PAGE 3 OF 11 • 1. That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 2. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. 3. That the applicant will be responsible for all costs associated with the sewer and water service extension. 4. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 5. That the following shall be the only allowed uses on this property: multifamily development and allowed accessory uses of the R-15 zone. 6. That a maximum of 48 units will be constructed on this site. 7. That prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. That a street buffer, constructed in accordance with City Code, be installed along Fairview Avenue prior to occupancy of any new dwelling units. 9. That cross access to/from the proposed North Jericho Way be provided to the parcel to the west, for future development along Fairview Avenue. 10. That the annexation legal description shall include the entire legal parcel as it is currently described. DEVELOPMENT AGREEMENT (AZ 06-028) TOUCHSTONE PLACE SUBDMSION PAGE 4 OF 11 • 11. That the fmal plat shall include all of the property being annexed with the Touchstone Place development including all "disputed" azeas, OR, that any land area that is annexed with the Touchstone Place development that is not included within the boundaries of the final plat for Touchstone Place shall be conveyed to the adj acent property owner, prior to signature of the final plat by the City Engineer. 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'shefrs, 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. 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: Owner/Developer consents upon default to the reversal of the zoning designation of the Property subject to and conditioned upon the following conditions precedent to-wit: 7.1 That the City provide written notice of any failure to comply with this Agreement to Owner/Developer and if the Owner/Developerfails to cure such failure within six (6) months of such notice. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the City that apply to said Development. 9. DEFAULT: 9.1 In the event Owner/Developer, or 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 DEVELOPMENT AGREEMENT (AZ 06-028) TOUCHSTONE PLACE SUBDMSION PAGE 5 OF 11 • 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 baz any other rights or remedies of City or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIItEMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owner's/Developer'scnst, and submit proof of such recording to Owner/Developer , prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 In the event of a material breach of this Agreement, the parties agree that City and Owner/Developer shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non- breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. DEVELOPMENT AGREEMENT (AZ 06-028) TOUCHSTONE PLACE SUBDIVISION PAGE 6 OF 11 • 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 Owner/Developer 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: CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 with copy to: OWNER/DEVELOPER: Discovery Bay Development, LLC PO Box 191096 Boise, ID 83719 DEVELOPMENT AGREEMENT (AZ 06-028) TOUCHSTONE PLACE SUBDMSION PAGE 7 OF 11 • • City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. 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 ofthe Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developerhaue fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. DEVELOPMENT AGREEMENT (AZ 06-028) TOUCHSTONE PLACE SUBDIVISION PAGE 8 OF 11 • 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developerand City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER DISCOVERY BAY DEVLEOPMENT, LLC By: a ch DEVELOPMENT AGREEMENT (AZ 06-028) TOUCHSTONE PLACE SUBDMSION PAGE 9 OF 11 Attest: WILLIAM G. BERG, STATE OF IDAHO, ) ss County of Ada, ) CITY OF MERIDIAN By: MAYOR T Y de WEERD On this l ~'~'~'` day of `'~cuoxnttsti. , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared JEFF MACH, known or identified to me to be the Managing Member of DISCOVERY BAY DEVELOPMENT, LLC and acknowledged to me that they executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~~~a- l,~Sn ~ Notary Public for Idaho Residing at: _~t~vae, ~ c~,~N~-e My Commission Expires: ~-~YL- DEVELOPMENT AG F.F.MRN'r (AZ 06-028) TOUCHSTONE PLACE SUBDMSION PAGE 10 OF 11 STATE OF IDAHO ) ss County of Ada ) On this o~ , S~- day of ~ d~ri~ ~ 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. o®®•.•• ~ ®`, Cx~'~~~® ~ ~i ® a • • ~i ~ e, ~ • a s ® ~ ~ ® e e • • • a ~ ® ~ei ®® `~ '--- •®`e~'i4TE ®'~~• ••®••s Notary Public for Idaho Residing at: ~tia~i.~l~l + I~ Commission expires: ld-1 1- I ~ DEVELOPMENT AGREEMENT (AZ 06-028) TOUCHSTONE PLACE SUBDIVISION PAGE 11 OF 11 • REVISED ANNEXATION DESCRIPTION FOR DISCOVERY SPRINGS August 17, 2006 A PARCEL OF LAND LOCATED IN THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMI~~NCING AT THE NORTHEAST CORNER OF SECTION 7, T.3N., R.lE., B.M., MERIDIAN, ADA COUNTY, IDAHO; THENCE N 89°54'45" W ALONG THE NORTH LINE OF THE NE4 OF SAID SECTION 7, 1320.50 FEET TO THE NORTHEAST CORNER OF THE NW4 OF THE.NE4 OF SAID SECTION 7; THE REAL POINT OF BEGINNING OF THLS DESCRIPTION; THENCE S 0°04' 14" W ALONG EAST LINE OF SAID NW4 AND ALONG A PORTION OF WEST SIDE OF DANBURY FAIR SUBDIVISION N0.6 667.97 FEET TO A POINT ON THE NORTH SIDE OF DANBURY FAIR SUBDIVISION NO. 1; THENCE S 89°50'42" W ALONG SAID NORTH LINE 403.28 FEET TO A POINT; THENCE N 0°08'09" E LEAVING SAID NORTH LINE 460.96 FEET TO A POINT; THENCE S 89°54'45" E 194.03 FEET TO A POINT; THENCE S 00°04'14" W 41.29 FEET TO A POINT; THENCE S 89°54'45" E 123.71 FEET TO A POINT; THENCE N 0°04'14" E 250.00 FEET TO A POINT ON THE SAID NORTH LINE OF THE NE4; THENCE ALONG SAID NORTH LINES 89°54'45" E 85.00 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION. SAID PARCEL CONTAINS 4.55 ACRES MORE OR LESS. WAYNE K. 44 ~l~ OF ~~ ~ K, 6p~ PLS 8444 A~l~ 21 2006 504Q6-revannex.doc CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER • ., errY aa~ ~ . CC~~r~rr ` ~ ~~~. { ~.~.~e In the Matter of Annexation and Zoning of 4.43 acres from R1M to R-15 AND Preliminary Plat approval for Z residential building lots and 2 common lots AND Conditional Use Permit approval far a multifamily development coasisting of 48 dwelling units, for Touchstone Place Subdivision, by Horizon Development. Case No(s). AZ-06-028 and PP-06-02$ and CUP-06-021 For the City Council Hearing Date of: September 26, 2006 (Continued from August 22, 2006 and findings on the October 10, 2006 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of August 22, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of August 22, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of August 22, 2006 incorporated by reference) 4. Required Findings per the Unified llevelopment Code (see attached Staff Report for the hearing date of August 22, 2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Vocal Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Cade § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW ,AND DECISION & ORDER CASE NO(S). AZ-06-028 and PP-06-028 and CLJ}'-06-021 • 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted. an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the .Public Works Department and any affected party requesting notice. 7. That this approval is subject tv the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of AUGUST 22, 2006 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and (hder Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated June 16, 2006 is hereby conditionally approved; 2. The following modifications to site specific conditions were made at the City Council hearing: a. That the annexation shall include the entire legal parcel as it is currently described. b. That the final plat shall include all of the annexed property including any disputed areas, 4R, that any annexed land excluded from the final plat shall be conveyed to the adjacent property owner(s) prior to signature of the final plat. 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of August 22, 2006 incorporated by reference. D. Notice of Applicable Time Limits Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (Z) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of CITY OF 1VIERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAw AND DECISION & ORDER CASE NO(S). AZ-06-028 and PP-Ofr028 and CIJP-06-021 • • the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, maybe considered far final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B- 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional tune extensions up to eighteen (18) months as determined and approved by the City Council maybe granted. 'With all extensions, the Director or City Council may require the prelimiaary plat, combiuoed preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the Commission may be granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Glerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a persan who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-028 and PP-06-028 and CUP-06.021 this decision and order seek a yudicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of August 22, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-028 and PP-06-02$ aad CUP-06-021 • • $y action of the City Council at its regulaz meeting held on the ©~ day of 2006. COUNCII. MEMBER SHAUN WARDLE COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIlZD TIE BREAKER MAYOR TAMMY de WEERD MAYOR T~ ATTEST: ~~~.~` ,~~ ~ ~ ,. \` ~ ~~o G. BERG, Copy served upon: VOTED_~~~~-- VOTED__~~~~" VOTED_~9~ VOTED_~~~ .~---- VOTED de WEERD JR CI CIS S~i~IL '~ ,~~ r 7 ,~ .~ Applicant'~~,,~y' , ~~,•~ . ~ Planning Dept~~"'--- Public Works Department -~ City Attorney By: Dateat: tU • 17 • (~f' rty clerk's office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NQ(S). AZ-06-028 and PP-06-028 and CUP-06-021 CITY OF MERIDIAN PL DEPARTMENT STAFF REPORT FOR THE G DATE OF AUGUST 22, 200b STAFF REPORT Hearing Date: 8/22/200b A r ved on 9!26120061 rrrr ~,~ TO: Mayor and City Council ~,,.~~ r L ~r~-~~ ~ a`~~, FROM: Justin Lucas ~ iu~tiMC~ Associate City Planner ~~ Meridian Planning Department t~*~-. ' ~ 208-884-5533 SUBJECT: Touchstone Place Subdivision AZ-Ob-028 Annexation and Zoning of 4.43 acres from R1M (Ada County) to R-15 (Medium High-Density Residential). PP-06-028 Preliminary Plat approval of two residential building lots (proposed to contain 48 multifamily units) and two common lots on 4.43 acres in a proposed R-15 zone. CUP-0b-021 Conditional Use Permit approval to construct amulti-fauaily development consisting of 48 dwelling units (b eight-plexes) on two lots totaling 4.43 acres in a proposed R-1S zone. 1. SiTNIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Horizon Development, has applied for Annexation and Zoning (AZ) to R-15 (Medium High-Density Residential) for 4.43 acres of property currently zoned R1M in Ada County. The site is located on the south side of Fairview Avenue across from N. Jericho Road, approximately 1,300 feet west of Locust Grove Road. Currently, there is one single-family home with associated outbuildings on this site. All of the existing structures on the site are to be removed. The subject property is within the Urban Service Planning Area. 2. SIiJMMARY RECOMMENDATION The subject applications (AZ, PP and CUP) were submitted to the Planning Department far concurrent review. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation and Zoning, Preliminary Plat, and Conditional Use Permit applications. Staff is recommending.gpproval of the proposed Touchstone Place Subdivision (~ Q6-028 PP-06-028 and C -06-021} with the conditions lister in Exhibit B of the Staff ,wort The Meridian Planning and Zonins Commission heard the item on July 20.2006. At the public hearing the moved to recommend approval. On Se»tember Z6 2006 the Cou_ nc~1 approved the subject atupi}cations. a. Summary of Commission Public Hearing: i. In favor: JeffMach, Sabrina Whitehead ii. In opposition: Greg Vastobin iii. Commenting: Karalee Blau, Lorinda Williams iv. Staff presenting application: Justin Lucas v. Other staff commenting on application: C. Caleb Hood b. Key Issues of Discussion by Commission: i. -Proposed height of the buildings; Touchstone Place Subdivision AZ-06-284/PP-Ob-028/CUP-0b-021 PAGE 1 CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE G DATE OF AUGUST 22, 2006 ii. -Residential condominiums c. Key Commission Changes to Staff Recommendation: i. Required six foot high solid fencing along perimeter property lines. d. Outstanding Issue(s) for City Council: i. -Updated legal description of the proposed aruxexation. 1. Staff has met with the applicant to resolve this issue; 2. The current staffreport only contains a written legal description; 3. A map and closure report is still required for review and final approval by public works. 3. PROPOSED MOTION (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ- 06-028, PP-06-02$, and CUP-06-021 as presented in the Staff Report for the hearing date of August 22, 2006 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ- 06-028, PP-06-028, and CUP-06-021 as presented during the hearing of August 22, 2006 far the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial of the plat and CUP.) Continuance I move to continue File Numbers AZ,-06-028, PP-06-028, and CUP-06-02 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 1187 E. Fairview Ave. across from N. Jericho Rd. approximately 1300 feet west of Locust Grove Road /3N1E07. b. Owner: Clarence and Berra. Morgan P.O. Box 191096 Boise, Idaho 83719 c. Applicant: Horizon Development 1187 E. Fairview Ave. Meridian, Idaho 83642 d. Representative: Sabrina Whitehead, Briggs Engineering e. Present Zoning: R1M (Ada County) f. Present Comprehensive Plan Designation: Commercial g. Description of Applicant's Request: The applicant is requesting concurrent approval for Annexation and Zoning of the subject 4.43 acres to R-15, Preliminary Plat approval of two multi-family building lots with two common lots and Conditional Use approval of a 48 multi- Touchstone Place Subdivision AZ-06-284/PP-06-028/CUP-Ob-021 PAGE 2 CITY OF MERIDIAN P DEPARTMENT STAFF REPORT FOR THE G DATE OF AUGUST 22, 2006 family dwellings contained in six eight plexes. The gross density of the project is 10.83 dwelling units per acre. Approximately 10.8% (0.4 acres) of the site is being set aside for open space. 1. Date of preliminary plat (attached in Exhibit A): b/16/06 2. Date of landscape plan (attached in Exhibit A): 4/I S/OS 3. Date of site plan (attached in Exhibit A) 6/15/06 h. Applicant's Statement/Justification: Horizon Development has been very active to get the surrounding neighbors input. On January 5, 2006 the first neighborhood meeting was conducted With the neighbors concerns voiced the developer went back to the drawing board to redesign the layout to make it more compatible with the surrounding neighbors needs. We believe that Touchstone Place will be anaesthetic, as well as an asset to the City of Meridian. (please see Applicant's Submittal Letter for more information.) 5. PROCESS FACTS a. The subject application will in fact constitute an annexation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determin~l by City Ordinance. By reason of the provisions of the l~ieridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. c. The subject application will in fact constitute a conditional use as determined by City Ordinance. By reason of the provisions of UDC 11-SB-6, a public hearing is required before the City Council vn this matter. d Newspaper notifications published on: July 3~ and July 17'x, 2006 (Planning Commission) and July 31~` and August 14s', 2006 (City Council) e. Radius notices mailed to properties within 300 feet on: June 23~, 2006 (Planning Commission) and June 28s', 2006{City Council) f. Applicant posted notice on site by: July ] 0~, 2006 (Planning Commission) and August 12~, 2006(City Council) 6. LAND USE a. Existing Land Use(s): There is one single-family home and some associated outbuildings on this site. All structures will be removed from the site. b. Description of Character of Surrounding Area: This site is located in betwee~a. medium density residential uses to the east and south and commercial development to the west and north. This location makes this an area of transition between detached single family development and commercial uses along Fairview Avenue. The site is considered infill development. c. Adjacent Land Use and Zoning: 1. North: Commercial Uses, zoned C-C 2. East: 6single-family lots within Danbury Fair Subdivision, zoned R-8 and 1 commercial parcel zoned C-Ci. 3. South: Ssingle-family lots within Danbury Fair Subdivision, zoned R-8 Touchstone Place Subdivision AZ-06-284/PP-06-028/CIJP-O6-O21 PAGE3 CITY OF MERIDIAN PL DEPAR'~T STAFF REPORT FOR THE G DATE OF AUGUST 22, 2006 4. West: 8.25 sere Lithia Motors pazcel zoned R-8 d. History of Previous Actions: N/A e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: There is a sewer stub in Sandlin locaxed to the south of this project. Location of water: There is a water stub in Sandlin Iocated to the south of this project, and a main in W. Fairview Avenue to the north. Issues or concerns: Sewer service to pazcel #S 11, 07120650. 2. Vegetation: There aze several existing trees on this property that need to be protected during construction, or be mitigated for. 3. Flood plain: N/A 4. Canals/Ditches Irrigation: N/A 5. Hazards: No hazards have been identified on this site. 6. Proposed Zoning: R-15 (Medium High Density Residential) 7. Size of Property: 4.43 acres f. Subdivision Plat Information: 1. Residential Lots: Z 2. Non-residential Lots: 0 3. Total Building Lots: 2 4. Common Lots: 2 5. Other Lots: 0 6. Total Lots: 4 7. Groan Density: 10.83 units pcr acre (net density is 14.41 d.u./acre) g. Landscaping 1. Width of street buffer(s): Per UDC (Table 11-ZA-4) a 25-foot wide landscape buffer is required adjacent to arterial streets. Fairview Avenue is a classified principal arterial roadway. Street buffers are not required on any of the internal, local streets. 2. Width of buffer(s) between land uses: No landscape buffers between uses are required an this site. 3. Percentage of site as open space: 0.4 acres/10.8% 4. Other landscaping standards: Common open space lots should include at least one deciduous shade tree per 8,000 square feet (UDC 11-3G-3E2). See Section 10, Analysis below. h. Amenities: Clubhouse facility with exercise room, playground, open space with pathways, and patio azeas with barbeques. i. Off-Street Parking: UDC 11-3C-6 requires eachmulti-family dwelling with more than one bedroom to have 2 parking spaces in a covered cazport or garage. Touchstone Place Subdivision AZ-06-284/PP-06-028/CLIP-06-021 PAGE 4 CITY OF MERIDIAN PG DgpAR•~~•I• STAFF 1tEPORT FOR THE G DATE QF AUGUST 22, 2006 j. Proposed and Required Residential Standards: R-15 -Multi Family Standards_ see UDC 11-4 3 27,) Setbacks (in feet) Proposed Required Front Living Area (to sidewalk) 20 20 Side 10 10 Rear 10 10 Frontage 0 0 Lot Size N/A 2,400 k. Proposed and Required Non-Residential: N/A 1. Summary of Proposed Streets and/or Access: The applicant is proposing to provide primary access to all of the dwellings within this development via a new public street connection (North Jericho Road.) to Fairview Avenue. This new public street will run south from Fairview Avenue through the proposed development and connect with the existing Sandlin Avenue in the Danbury Fair Subdivision. The total width of the proposed public right of way is 50-feet with 36-feet wide street sections (measured back of curb to back of curb). The right of way will also contain Sve-foot wide sidewalks that are adjacent to the back of the curb. Staff is generally supportive of the proposed street system. For a detailed report on all of ACHD's conditions, please seethe ACPID report and Exhibit B. 7. C011ZMENTS MEETING On June 30, 2006, a joint agency and departments meeting was held with service providers in this area,. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary Services Company. Staff has included comments, conditions and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS Ibis property is designated "Commercial" on the Comprehensive Plan Future Land Use Map. Chapter VII, Section C (pg. 95) of the Comprehensive Plan contains a definition of the commercial designation. This definition includes multi-family residential as an acceptable use in commercial areas. Beyond this definition staff finds that there is a strong argument for saying that the policies set forth in the comprehensive plan support multi-family residential use on this site. These policies are described at length below. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. When the City established its Area of City .Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner :• • Sanitary sewer and water service will be extended to the project at the developer's expense. Touchstone Place Subdivision AZ-06-284/PP-06-0281CUP-06.021 PAGE 5 CITY OF MERIDIAN PI-A>~G DEPARTMENT STAFF REPORT FOR THE G DATE OF AUGUST 22, 2006 • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Clnce annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriffs Office. Once annexed the lands wild be serviced by the Meridian Police Department (AIPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Nghway District (ACRD). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Zltility Billing Services, and Sanitary Services Company. Chapter VI, Goal II, Objective A, Action 6 -Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The submitted preliminary plat proposes to extend the one stub street currently provided to this property from the south. Sta,~`'believes that the applicant has done an adequate job of connecting and extending the existing stub street. Chapter VI, Goal II, Objective A, Action l3 -Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. See analysis above Chapter VI, Goal II, Objective A, Action 5 -Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood comieetivity as part of a community pathway system The applicant is proposing to construct sidewalks adjacent to all of the proposed streets, which connect to adjacent properties, Fairview Avenue and Sanddin Avenue. The applicant is also proposing to construct a 4-foat wide pathway system within the development to help link the buildings together and provide pedestrian access to the proposed sidewalks Staff is supportive of the proposed pedestrian connections. Chapter VII, Goal IV, Objective C, Action 6 -Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity. See above. Chapter VII Goal IV Objective D Action 7. Develop incentives for high-density development along major transportation corridors to support public transportation system. The applicant has a chosen this site on Fairview Avenue to construct the proposed multi family Touchstone Place Subdivision AZ-06-284/Pp-06-02g/Cllp.p6-021 PAGE 6 CITY OF MERIDIAN PG DEPARTMENT STAFF REPORT FOR THE G DATE OF AUGUST 22, 2006 development. Sta, f,}"finds that this location is favorable for such a development because of the access future residents wild have to goods anri services o, fj`ered along Fairview Avenue. This type of density will also help to support any future public transportation that may run along this heavily traveled thoroughfare. Chapter VII Goal V Objective A Action 14. Locate high-density development, where possible; near open space corridors or other permanent major open space and pazk facilities, Old Town, and near maj or access thoroughfazes. See above Chapter VII, Goal 1V, Objective C, Action. 1 -Protect existing residential properties from incompatible land use development on adjacent parcels. The applicant is proposing a medium high-density residential zone. Staff finds that this project acts as a good buffer between the commercial uses on Fairview Avenue aced the existing single- family residential properties to the south and east of the proposed development. Chapter VII Goal 1V Objective A Action 6. Require screening and buffering of commercial and industrial properties and residential use with transitional zoning. See above Chapter VII, Goal IV', Objective C, Action 10 - Support a variety of residential categories (low-, medium-, and high-density single family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) far the purpose of providing the City with a range of afifordable housing opportunities. The subject application is requesting an R-.1 S zone. StafJ`'f nds that this location is favorable for this zoning designation because of its proximity to services along Fairview Avenue. Staff also recognizes the importance of providing diverse housing types through out the community. The proposed development should help meet some of that demana? Staff believes that the proposed density (10.83 d.u.'s/acre) and zoning (R-IS) for this property is appropriate. Staff recommends that the Commission and Council rely on any verbal or wrinen testimorry that may be provided at the public hearing when determining if the applicant's zoning and development request is appropriate for this property. 9. UiVIFIED DEVELOPMENT CODE a. Schedule of Uses: Unified Development Code (iJDC)11-2-1 lists multi-family dwellings as conditional uses in the R-15 zoning district. b. Purpose Statement of Zone: R-1 S Medium High tensity Residential: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated. within the density range. c. Multifamily Development ([JDC 11-4-3.27) The following standards shall apply for the Touchstone Place Subdivision AZ-06-284/PP-06-028/CUP•06-021 PAGE 7 CITY OF MERIDIAN PG DEPARTMENT STAFF REPORT FOR THE G DATE OF AUGUST 22, 2006 multifamily units, including standards for Site Design, Common Open Space, Site Amenities, Architectural Character, Landscaping, and Maintenance. Site desigYn (LJDC 11 ~-3.27B~ Setbacks: Buildings shall provide a minimum setback of ten feet (10') unless a greater setback is otherwise required by this Title. Building setbacks shall take into account windows, entrances, porches and patios, and how they impact adjacent properties A minimum of 80 square feet of private, usable open space shall be provided for each unit. This requirement can be satisfied through porches, patios, decks, and/or enclosed yards. Landscaping, entryway and other access ways shall not count toward this requirement. For the purposes of this Section, vehicular circulation azeas, pazking areas, and private useable open space shall not be considered common open space. The pazking shall meet the requirements set forth in Chapter 3 of this Title. Developments with 20 units or more shall provide the following. a property management office, a maintenance storage azea, a central mailbox location, a directory and map of the development at an entrance or convenient location for those entering the development. Common oven space desig~,requirements (LIDC 11-4-3 27C1• A minimum area of outdoor common open space shall be provided as follows: a) 150 square feet for each unit containing 500 or less square feet of living area; b) 250 square feet for each unit containing more than 500 square feet and up to 1,200 square feet of living area; and c) 350 square feet for each unit containing more than 1,200 square feet of living area. Common open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a constructer barrier at least 4 feet in height. Site development amenities CUDC 11-4-3 27D)• All multifamily developments shall provide for quality of life, open space and recreation amenities to met the particular needs of the residents as follows: a) Quality of Life (clubhouse, fitness facility, enclosed bike storage, and public are such as a statue); b) Open Space (open grassy azea of at least 50 by 100 feet in size, Cpmm unity ggr~ ponds or water features, and plazas); and c) Recreation (pool, walking trails, children's play structures, and sports courts). The number of amenities shall depend on the size of the multifamily development as follows: For multifamily developments with 75 units or more, 4 amenities shall be provided, with at least 1 from each category. For multifamily developments with more than 100 units, the decision-malting body shall require additional amenities commensurate to the size of the proposed development. Architectural Character (CTDC 11-4-3 27 E)• All building elevations shall have a minimum portion of the elevation devoted to architectural features designed to provide articulation and variety. These features shall include, but are not limited to windows, bays and offsetting walls that extend at least two feet; recessed entrances; and changes in material types. Changes in material types shall have a minirnLm dimension of two few and minim ~m ~eS of 25 square feet. Touchstone Place Subdivision AZ-Ob 284/PP-06-028/CUP-06-021 PAGE 8 CITY OF MERIDIAN PLAI~~G DEPARTMENT STAFF REPORT FOR THE G DATE OF AUGUST 22 2006 Main entrances, which aze the primary point(s) of entry where the majority of building users will enter and leave, shall be designed as an obvious entrance and focal point of the building through architectural treatment, lighting, and address identification. Entrances shall be adequately covered, recessed, or treated with a permanent architectural feature in such a way that weather protection is provided. Roof forms shall be distinctive and include variety and detail when viewed from the street. Sloped roofs shall have a significant pitch. Flat roofs should include distinctive cornice treatments. Exterior building materials anal finishes shall convey an impression of permanence and durability. Materials such as masonry, stone, stucco, wood, terra cotta., and file aze encouraged. Windows aze required to allow views to exterior activity areas or vistas. Windows shall be provided on any building facing any common area used for children's recreation. All roof and wall-mounted mechanical, electrical, communications, and service equipment should be screened from public view from the adjacent public streets and. properties by the use of parapets, walls, fences, enclosures, yr by other suitable means. Landscaping (UDC 11-4-3 27 Fl• Development shall meet the minimum landscaping r~uirements in accord with Chapter 3 of this Title. All street-facing elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following minimum standazds: The landscaped area shall be at least three feet wide; for every three lineal feet of foundation, an evergreen shrub having a minimum mature height of twenty-four inches shall be planted; and groundcover plants shall be planted in the remainder of the landscaped area. UDC 11-~F-3.27.G: All multifamily developments shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including but not limited to structures, parking, common areas, and other development features. Outdoor storaee/refuse areas fLTD 11 3A 12~ Outdoor utility meters, HVAC equipment, trash dumpsters, trash compaction and other service functions shall be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions aze fully contained and out of view from adjacent properties and public streets. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: Touchstone Place Subdivision AZ-06 284/PP-06-028/CLTP-06-021 PAGE 9 CITY QF MERIDIAN PLAZ~G DEPARTMENT STAFF REPORT FOR THE ~NG DATE OF AUGUST 22, 2006 AZ Application: Based on the policies and goals contained in the Comprehensive Plan, staff believes that the requested R-1S zone is appropziate for this property. Please see Exhibit D for detailed analysis of the required ,facts and Endings for annexation. The annexation legal description submitted with the application (stamped on }4 Aagust i7, 2006 by Wayne K. Barber, PLS} shows the property as contiguous to the existing corporate boundary of the City of Meridian. Special Considerations: Devel men :UDC 11-SB-3.D.2 and Ydaho Code §. 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Staff believes that a DA is necessar t~ e that _Shis nronertv is developed in a fashion that does not ne ativel~ impart nearb~pronertres. Prior to the annexation ordinance approval, a Development Agreement {DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney Bill Nary at 888-4433 to initiate this process The DA shall incorporate the following: • That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfaze by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. • That the applicant will be responsible for all costs associated with the sewer and water service extension. • That any existing domestic wells and/or septic systems within tbuis project will have to be removed frern their domestic service, per City Ordinance Section S-7-S17, when services are available from the City of Meridian, Wells may be used for non-domestic purposes such as landscape irrigation. • That the following shall be the only allowed uses on this property: multifamily development and allowed accessory uses of the R-1 S zone. • That a maximum of 48 units will be constructed on this site. • That prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Cade. • That a street buffer, constructed in accordance with City Code, be installed along Fairview Avenue prior to occupancy of any new dwelling units. • That cross access to/from the proposed North Jericho Way be provided to the parcel to the west, for future development along Fairview Avenue. • That a elation le $1 'on shall incl de the entire 1 al arcel s is carrentl d c d • That the i~ olat shall include aq of the nron rrv being awezed Touchstone Place Subdivision AZ-0(-284/PP-06-028/CUP-Ob-021 PAGE 10 CITY OP' MERIDIAN PLA~G DEPARTMENT STAFF REPORT FQR THE G DATE OF AUGUST 22, 2006 with the Touchstone Place development including all "dis uA ted" areas. 4R that anv land area that is annexed with the Toucbstone Place development that is not included within the boundaries of the final plat for Touchstone Place sh be conveyed to the adjacent prppe owner. prior to ~L~atnre of the final plat by the City En eer. 2. PP/CLIP Applications: Special Considerations: Lan~sca~ing The landscape plan prepared by Design Studio, on 6-15-06, labeled Sheet L1, is approved with the following modifications/notes: • Per UDC 11-3B-10, the applicant should work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC l 1-3B-14. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). Multi-family Standards: The UDC has several specific standards that apply to multi- family developments (See UDC Section 9 above for a complete list.) These standards apply to Setbacks, Site Design, Common Open Space, Site Amenities, Architectural Character, Landscaping, and Maintenance. The applicant should be required to comply with all standards listed in UDC 11-4-3.27. Multi-family Setbacks: UDC 11-4-3.27 states that multifamily developments with multiple properties shall be considered as one property for the purpose of implementing certain standards such as setbacks. Due to the nature ofmulti-family developments it can be difficult to determine the proper setback requirements. UDC 11-4-3.27 states that multi-family buildings shall provide a minixnwoa setback often feet unless a greater setback is otherwise required. With that stated staff believes that this standard should be applied to all structures adjacent to perimeter property lines including garages. The current proposal shows variations in the setback to the perimeter nronertv lines• a setback of five feet along the northern property line is shown. This setback should be expanded to ten feet to meet the minimum UDC requirement as described above Refuse Areas: The Sanitary Services Company (SSC) has commented that some of the proposed dumpster locations may not be adequately designed. Further, the submitted plans call-out chain link fencing with vinyl slats as screening for the refuse containers. Staff believes that a solid wood or block fence w 1 be more appropriate to screen the refuse containers from the street. UDC 11-3A-12 requires the visual and acoustic imvacts of these fimctions are fully contained and out of view from adjacent properties and public streets. Open Space: Open space is defined as an area substantially open to the sky that may be on the same property with a structure. The areas may include, along with the Touchstone Place Subdivision AZ-O6-284/PP-06-02$/CT.TP-06-021 PAGE 11 CITY OF MERIDIAN PG DEPARTMENT STAFF RIEPORT FOR THEG DATE OF AUGUST 22, 2006 natural environment features, parks, playgrounds, trees, water areas, swimming pools, tennis courts, community centers or other recreational facilities. The term shall not include streets, parking areas, or structures of habitation (UDC 11-1A). UDC 11-4- 3.27C requires a minimum area of outdoor common open space shall be provided as follows: a)1 SO square feet for each unit containing S00 or less square feet of living area; b) 250 square feet for each unit containing more than S00 square feet and up to 1,200 square feet of living area; and c) 3S0 square feet for each unit containing more than 1,200 square feet of living area. Common open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a constructed barrier at least 4 feet in height. The applicant states that 10.8% (0.48 acres} of the site is being set aside for comanon open space. Vehicular circulation areas, parking areas, and private useable open space shall not be considered common open space. Maitrtenance of all common areas shall be the responsibility of the Touchstone Place Home Owners' Association(s). Private Useable Open Space• UDC 11-4-3.2TB requires a minimum of 80 square feet of private, usable open space shall be provided for each unit. This requirement can be satisfied through porches, patios, decks, and/or enclosed yards. Landscaping, entryway and other access ways shall not count toward this requirement. The proposed development appears to meet the minimum requirement as described. Parkins: UDC 11-3C-6A requires multi-family dwellings with 2 or more bedrooms to have atwo-car covered carport or garage for each unit. All of the proposed 48 units have two car garages. Private Streets: There are some units within the development that are set back from the public strut some distance. These units may be difficult for emergency services, delivery services and the general public to find. Therefore, staff recommends that the applicant submit a private street application for the "driveways" off of North Jericho Way and Sandlin Avenue. These private streets should carry street names approved by the Ada County Street Naming Committee and comply with the private street standards listed in UDC 11-3F. Staff is generally supportive of private streets fnr multi-family developments. The applicant should deli and construct the private streets in com 1' ce with a standards fisted for 'vate Streets in UDC 11-3F-3F. Amenities: The applicant is required to provide amenities for the multifamily development. For multi-family developments between twenty and seventy-five units three amenities shall be provided with one from each category (UDC 11-4-3.27D-2b). The applicant is providing amenities as follows: Development map/directory, community club house and fitness facility (Quality of Life), playground with parent area (Recreation) picnic tables and patio (Quality of Life), and open space with wa]lcing paths (Open Space). Staff believes that the proposed amenities are sufficient for a multi family development of this size. Elevations: The applicant has submitted building elevations for the proposed 8-plea structures (see Exhibit A). UDC 11-4.3 requires multifamily structures to comply with the design standards listed in this section. Staff believes that the elevations submitted. with the CUP significantly meet the requirements of the design standards listed in UDG 11-3A-19. Staff will ensure that when CZC applications are submitted for construction of the 8 plea buildings in the future, that the elevations comply with the Touchstone Place Subdivision AZ-06-284JPP-O6-Q28/CLTP-06-021 PAGE 12 CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR 7'HE G DATE OF AUGUST 22, 2006 UDC requirements. Existing ResidencesBuildings• The site currently contains one existing residence. The applicant proposes to relocate or remove all structures prior to construction. F cin :The applicant has not proposed to construct fencing along any portion of the property lines. Staff believes that six-foot high solid fencing should be ,constructed along an~portior~ of the property line that is not currently fenced This fencing will help aet as a buffer between the proposal development and any future commercial development to the north. A detailed fencingplan should be submitted upon apYllieation of the final plat. If permanent fenc' is not provided before issuance of a building_permit, temporary construction fencin~* to contain debris must be installed. around the perimeter. Perimeter and common open space fencing shall„be designed according to UDC 11-3A-7. Common Areas: Maintenance of all common areas shall be the responsibility of the Touchstone Place Home Owners Association. Ditches. Laterals. and Canals: Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, including waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. Pressure Irri ation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. ff a single-point connection is used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape azeas per the approved specifications and in accordance with UDC 11-3A- 15 and MCC 9-1-28. b. StaffRecommendation: Staff recommends arnaroval of the subiect applications AZ-06-028 and PP-0 -028 and CUP-0 -0 1 with the conditions listed in xhibit B of the Staff ort for th~he~ring date of July 20 2006 On July ZO 2006 the Meridian Planning and Zoning Commission voted to recommend approval of the suluect applications On Serrtember 12, 200b the Ci Co ncil a roved the sub ect a licss ons. Touchstone Place Subdivision AZ-06-284/PP-06-028lCTJP-06-021 PAG>r 13 CITY OF MERIDIAN PG DEPARTMENT STAFF REPORT FOR THE ~RTNG DATE OF AUGUST 22, 2006 11. E~~TTS A. Drawings 1. Preliminary Plat {dated: 6-16-0~ 2. Landscape Plan (dated: 6-15-06) 3. Site Plan {dated 6/15/06 4. Elevations B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Legal Description D. Required Findings from Unified Development Code Touchstone Place Subdivision AZ-06-284/PP-06-028/CUP-06-021 PAGE 14 CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE G DATE OF ACJGUST 22, 2005 A. Drawings 1. Prelirtunary Plat (dated: 6-16-06) I t II .~„ ~ f~ ..m p ~, -... ~ i =~: ~ ~ ~° _~ ~ ~.. t A. ~ ~ 1 ` ~ ~ ~ f : '•' ~~ ~ e a m. I I ~ r- - . J' I{ ~ ;! ~ ~ ~~ ~ I ~, ~: ' %~.{ ~J -, ._ ~ r~ L. tie F~ ~ "~1. _ {~ ~'-~ i . -~ ~ ~•• l l ;.I` 5 /_ _ ~`sRr IY1 Exhibit A -Page 1 CITY OF MERIDIAN PG DEPARTMENT STAFF REPORT FOR THE G DATE OF AUGUST 22, 2006 2. Landscape Plan (dates 6-15-06) ~..~,.~ ~~ .....~ ~. ..m~K ?TI.~Q ti03MQut at a i 3'J~7 3K~ 7'Y1O1 ~'~~~*~~ .~.~ aF ~ ... ~,. , ~ n I g 9 ~ ¢~ ~ I ~~-Jr~'~ ~ ~ anvratiuew.m ~ { • ~ ~ r ~ ~ , --~------ ~------ ----- ~---~e't...~.._-. f 01.a.V'P~ w rRtiw . "1~J i : ' S ~~ .... ~ .{•' • 1` # i , ~ ~ ps 4 ~ .~~ :~ ~~ i i I ~ o, '~ p'Y _A f ~ s aik _ _ ~ ' IG ,~ ~~ ~~ `j U ..• ~ ~L ~ ~7 '~ ~ ~ ~ It '. ~e ~ r~nn ~~ ~; I f i - r :^ ZZ ~A~; ! N ~ . ..... I' r ~ IQYrYllfl ~ ,f, ~`~ ~ r I ~, II ~ ~I ~ ~ . -~1 ~ I ~ .A ~ ~~ ~. I~KYf.X ~I p~`~ F ~~ ~~ ., ~~ 1 _.. , t ~ ° '~ ~ IJ c[!t ~ ~ ~ ~ ' I- f i~ ,~ :~ ~ ~._~~~~ ~ Exhibit A ~-Page 2 CITY OF MERIDIAN PL.AN~ DEPARTMENT STAFF REPpRT FOR THE G DATE OF AUGUST 22, 200b 3. Site Plan (dated 5-15-06) t ~, QAQ~ it o,-, ~~u~~~.p ~~~~~~~~~ C ~sJ R ~ ~ I ~ !~ ~ 4 ~ ~ ~~ suave. ta3~r ~ ~ aua _..- •.~.. o •.. -__-_~.. _~-~.... ___. .___`~ y... _.._ ~T ~ ._... ... _ ~,y. L0. I I qy 2 1 ' 1 y g`~ ~ f r E f i ~aaa aq'rpr ...~ Ak7~K. i ~'.' ._%_1~. _ if~~. -~~ ~ 1 ~~~_ ... ~,~~ ~ .~ ; tt a 1 I ~ ~~~ •'Y l\ ~ ~ ' ~a ! ~~ ~~ 1~------ ~:. ~,~ pL F ~ ~iJnjg~' och~an~av~ .~ I IL,i h i -~ $. ~ a ~ sir ..~ 0. ~ ?~,.•r..1 ~~ yy ~ a 6 ~ j '~ ;'~ ~'. .... , x.~ ~~ ~ i ~- a .. . ,~ ~ ~ ,~ ~, ~ ~: Yr_ ,a ~ ~ ~ a : ~~ y ~ ~_. r 'Q ~~ w .4'm1i vryy..r HV ~_-fiY1 L.w ~. Exiubit A-Page 3 CITY OF MERIDIAN PL~A~ DEPARTMENT STAFF REPORT FOR THE G DATE OF AUGUST 22, 2006 4. Elevations ~~ w K ~+Oli~~ ~ii'~4~Y CIO Nup qa Exhibit A -Page 4 GITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR TNEG DATE OF AUGUST 22, 2006 T!'*!i I . r::-~;TM ~~~ - .~ i Exhibit A -Page 5 CITY OF MERIDIAIG DEPARTMENT STAFF REPORT FOR TH~RIl~1G DATE OF July 20, 2006 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIREMENTS-PRELTMINARy pLAT (PP-Ob-028) 1.1.1 The preliminary plat labeled as PRE, prepared by Briggs Engineering, Inc., dated June 16, 2006 is approved, with the conditions listed herein. All comments and conditions of the accompanying Annexation and Zoning (AZ-06-014) and Conditional Use Permit (CUP-06-021) applications, and the Development Agreement for this property, shall also be considered conditions of the Preliminary Plat (PP-06-012). 1.1.2 Landscaping: The landscape plan prepared by Design Studio, on 6-15-06, labeled Sheet Ll, is approved with the following modifications/notes: • Per UDC 11-3B-10, the applicant should work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation. plan for the existing trees on site. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff The proceeding modifications and notes should be shown on a revised landscape plan submitted with the final plat application(s). 1.1.3 All existing structures shall be removed or relocated, prior to signature of the :final plat by the City Engineer. 1.1.4 The applicant shall submit a Private Streets Application for the driveway that runs through lot 1 prior to any construction or site development. 1.1.5 Provide the following amenities: 0.48 acres of common open space, a community club house and fitness facility, a property management office, a maintenance storage area, a development map/directory, a playground with pazent area, patio with picnic tables, and walking paths throughout the development. 1.1.6 Cross access to/from the proposed North Jericho Way shall be provided to the pazcel to the west, for future development along Fairview Avenue. 1.1.7 Six-foot high solid fencing shall be constructed along ~~ the perimeter property lines. gnat-~alat T~ ne~x~anea~t fprx~ine ;~o ,.~ -- •-~ a L ~ r i.. ~ . ,, o r res-yr-pocmrc, e aee,~fld~iGFA-path €Pn~g~s~ °a _ -•'~.z*~T~E.~'~ 1.1.8 Provide a m;,,;mLm ten foot setback along all perimeter property lines, including the northern property line adjacent to the commercial zone, as required by UDC 11-4-3.27B 1. 1.1.9 Maintenance of all common areas shall be the responsibility of the Touchstone Place Home Owners' Association. Pxhibit B -Page 1 CITY of MERIDiANG DEPARTMENT STAFF REPORT FOR THEG DATE of ruiy 20, 2006 1.1.1Q Per UDG 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, including the Ten Mile Creek, and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.1.11 Underground, pressurized irrigation must be provided to all lots within this development. 1.2 GENERAL REQUIItEMENTS-PRELIlVIINARY PLAT (PP-O6-028) 1.2.1 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application(s). 1.2.2 Sidewallcs shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.2.3 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC l 1-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 1.2.4 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.2.5 Staff s failure to cite specific ordinance provisions or terms of the approved annexation and conditional use does not relieve the applicant of responsibility for compliance. 1.2.6 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 1.3 SITE SPECIFIC REQUIREMENTS - CONDITIQNAL USE PERMIT (CUP-d6-021) 1.3.1 Comply with all of the standards listed in UDC 11-4-3.27 regarding multi-family developments, including Site Design, Common Open Space, Site Amenities, Architectural Character, Landscaping, and Maintenance. 1.3.2 The dumpster locations shall be redesigned to meet the requirements of The Sanitary Services Company (SSC). All refuse azeas shall be screens on three sides with a solid wood or block fence to help mitigate the visual and acoustic impacts of these functions. Exhibit B -Page 2 CITY OF MERIDIAN~IVNA1a DEPARTMENT STAFF REPORT FOR THE(I DATE OF July 20, 2006 1.3.3 Provide at least 80 square feet of private, usable open space for each 8-plex unit, such as a patio or deck. 1.3.4 All elevations of the eight plea buildings shall conform to the elevations in Exhibit A of the Staff Report. All roof and wall-mounted mechanical, electrical, communications, and service equipment shall be screened from public streets and properties by the use of parapets, walls, fences, enclosures, or by other suitable means. 1.3.5 All comments and conditions of the accompanying Annexation (AZ-06-028} application and Preliminary Plat (PP-06-028) application shall also be considered conditions of the Conditional Use Permit (CUP-06-021). 2. 1Pub>fc Works Department 2.1 Sanitary sewer service to this development is being proposed via extension of mains in Danbury subdivision to the south. The applicant shall install mains to and through this development; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 The applicant shall be required to extend a sewer main to the parcel to the north, indicated on the preliminary plat as #51107120650. 2.3 Water service to this site is being proposed via extension of mains in Danbury Subdivision. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.4 The applicant shall be required to connect to mains in W. Fairview to the north and Sandlin to the south. Upsizing of the water mains in this development may be required during plan review once specific fire flow requirements for the proposed structures are determined. 2.5 Any potential reimbursement agreements must comply with all requirements of City Codc 9-1-13 and 9~1-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.6 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.7 The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan. approval with the ``final draft" being required prior to final plat signature on the last phase of this proj est. If it is to be owned and maintained by an ]'rrigation District then a letter of plan approval shall be submitted prior to scheduling of apre-construction meeting, 2.8 The City of Meridian requires that pressurized irrigation systems be supplied by ayear-round source of water (LJDC 11-3A-6). The applicant should be r~uired to use any existing surface or well water for the primary source. If a surface or well source is not available, a single point Exhibit B ~ Page 3 CITY OF MERIDL^iN~NNING DEPARTMENT STAFF REPORT FOR THE~RING DATE OF July 20, 2006 connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common azeas prior to signature on the final plat by the City Engineer. 2.9 All existing structures not meeting the dimensional standard of the UDC shall be removed prior to signature on the fugal plat by the City Engineer. 2.10 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall~make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.11 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.12 Per UDC 11.3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.13 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord 557,10-1-91) for all off-street pazking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.14 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, mad base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.15 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.16 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.17 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 2.18 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.19 Applicant shall be responsible for application and compliance with and NFDES Permitting that maybe required by the Environmental Protection Agency. 2.20 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.21 Developer shall coordinate mailbox locations with the Meridian Post Ofi~ce. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act F.xhi'bit $ -Page 4 CITY OF MEItIDL~ANNING DEPARTMENT STAFF REPORT FOR T`F~gRING DATE OF July 20, 2006 requirements for unobstructed sidewalk access. 2.22 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.23 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. 2.24 One hundred watt, high pressure sodium streetlights shall be required at locations designated by the Public Works Department. Height for 100 watt fixtures is 25-feet, height for 250 watt fixtures is 30-feet. All streetlights shall be installed at subdivider's expense. Typical locations aze at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. Fire Department 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing perlaoits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for aU new construction or additions to existing buildings within 1,000 feet of the project. 3.3 The phasing plan may require that any roadway greater than 150 feet in length that is not provided with an atrtlet shall be required to have an approved turn amund. 3.4 Provide a 20-foot wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.5 For all Fire banes, provide signage "No Parking Fire Lane". 3.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.7 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposal project. Fire hydrants shall be placed per Appendix D. 3.8 The proposed multi-family lots have an estimated 48 units with a total estimated population of 139 residents at build out The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. Extu'bit B - Pege 5 CITY OF MERIDtAl~~1VI~ING DEPARTMENT STAFF REPORT FOR TFI~ARIIVG DATE OF July 20, 2006 3.9 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3.10 Maintain a separation of 5' from the building to the dumpster enclosure. 3.11 The applicant shall work with Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance at the required intersection(s). An addressing plan for the stairwells and doors sha11 also be included to ensure that emergency personnel can quickl locate each unit 3.12 The Fire Dept. has concerns about the ability to address the project and have the addresses visible from the street which the project is addressed off o£ Please contact the Public Works Dept. Addressing Specialist at 898-5500 to address this concern prior to the public hearing. 3.13 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and maims shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R 3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. Far buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.14 All R-2 occupancies with 3 or more units shall be required to be fire sprinklered. 3.15 There shall be a fire hydrant within 100' of all Fire Department connections. 3.15 Buildings over 30' in height are required to have access roads in accordance with Appendix D Section D105. 4. Police Department 4.1 The applicant shall submit a revised landscape plan that uses walkways and landscaping to direct visitors to the main entrance and away from private areas. 4.2 The pedestrian access to the proposed clubhouse/commwuty entrance is not well~iefined. The applicant shall submit a revised landscape plan that uses walkway paving materials and landscaping to alert motorists to the pedestrian traffic. 4.3 Prior to release of building permits, the applicant shall submit a parking plan for all off-street parking in the multi-family development to the Planning and Zoning Department. All parking Exhibit B -Page 6 CITY OF MERIDL~MG DEPARTMENt STAFF REPORT FOR T'FG DATE OF July 20, 2006 spaces shall be assigned to a specific dwelling unit or for guest use. The parking space identification shall use a different numbering system than the dwelling units. 4.4 The proposed multi-family development shall limit landscaping shrubs and bushes to species that do not exceed three feet in height. 4.S Any interior fencing next to common open space shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 4.6 The loading areas shall be separated from all public parking areas. 5. Parks Department S.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance will be followed. S.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance will be followed. 5.3 Pathway and Trail standards: The proposed pathway and/or trail shall be constructed in accordance with the Meridian Pazk Department's requirements. 6. Sanitary Service Company 6.1 Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) pleas with your certificate of caning compliance application. 7. Ada County 1~lghway District Site Specific Conditions o~pproval 7.1.1 Dedicate 60 -feet ofright-of--way from the centerline of Fairview Avenue abutting the parcel by means of a warranty deed. The right-of--way purchase and sale ageement and deed. must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of--way dedicated which is an addition to existing ACHI7-rfght-of--way. Construct a 5-foot detached concrete sidewalk a minimum of 58-feet from the center line of Fairview Avenue abutting 7.1.2 Dedicate approximately 10-feet ofright-of--way 220-feet along the west side of S. Jericho Way from Fairview Avemie to the northwest property line. 7.1.3 Construct all internal streets as a 36-foot street section with curb, gutter, and S-foot concrete sidewalkwithin SO-feet ofright-of--way. 7.1.4 Construct Sandlin Avemle to align with existing Sandlin Avenue to the south as proposed. Align South Jericho with rericho north of Fairview Avenue. 7.1.5 Comply with all Standard Conditions of Approval. Exhibit B -Page 7 CITY OF MERIaL~]I~NNINO DEPARTMENT STAFF REPORT FOR TT~gRWG DATE OF July 20, 2006 Standard Conditions ofApprovad 7.2.1 Any existing irrigation facilities shall be relocated outside oftheright-of--way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACI•ID roadway or right-of--way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 Comply with the District's Tree Planter Width Interim policy. 7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. ?.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance, 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the tight-of--way. The applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGrLINE (1-800-342-15$5) at least two fiill business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.1 Z No change in the terms and conditions of this approval shall be valid unless they aze in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway Disfiriet. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless Exhibit B -Page 8 CITY OF MERIDIAS~NNINCi DEPARTMENT STAFF REPORT FOR THG DATE OF July 20, 2006 a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. S. Central District Health S.1 Run-off is not to create a mosquito breeding problem. Exhibit B -Page ~ CITY OF MERIpiA~ipVp DEPARTMENT STAFF REPORT FOR TfI~ARiNG DATE OF July 20, 2006 C. Legal Description REVISED ASVNEXATION DESCRIPTION FOR DLSCOVERY SPRIl~TGS August 17, 2006 A PARCEL OF LAND LOCATED IN TAE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 7, TOWNSIHI' 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 7, T.3N., R1E., B.M., MERIDIAN, ADA COUNTY, IDAHO; THENCE N 89°54'45" W ALONG THI; NORTH LINE OF THE NE4 OF SAID SECTION 7,1320.50 FEET TO THE NORTHEAST CORNER OF THE NW4 OF THE NE4 OF SAID SECTION 7; THE REAL Pd1NT OF BEGINNING OF THIS DESCRIPTION; THENCE S 0°04°14" W ALONG EAST LINE OF SAID NW4 AND ALONG A PORTION OF WEST SIDE OF DANBURY FAIR SUBDMSION N0.6 66'7.97 FEET TO A POIlVT ON THE NORTH SIDE OF DAI~URY FAIR SUBDIVISION NO.1; THENCE S 89°50'42" W ALONG SAID NORTH LIIdE 403 Z8 FEET TO A POIIQT; THENCE N 0°08'~I" E LEAVING SAID NORTH LIIJE 46096 FEET TO A PO>r1T; TFIENCE S 89°54'45" E 194.03 FEET TO A POIldT; THENCE S 00°04'14" W 41.29 FEET TO A POIIVT; THENCE S 89°54'45" E 123.71 FEET TO A POIlVT; TIIENGE N 0°04'14° E 250.00 FEET TO A POINT ON THE SAID NORTH LINE OF TSE ~; THENCE ALONG SAID NORTS LINES 89°54'45" E 85.00 FEET TO THE REAL POINT OF BEG~iMNG OF THIS DESCRIPTION. SAID PARCEL CONTAINS 4.55 ACRES MORE OR LESS. WAYNE K. BARS ~ qq~,, ~ PI.S 844A ~, dICII~ 504(16-revannex.doc Exhibit C -Page 1 CITY OF MERIDIA~q~INO UEPARTM>;NT S'4'AFF REPORT FOR TT>ARIN(} OATS OF July 20, 2006 Exhibit C -Page 2 CITY OF MERIDIAN G DEPARTMENT STAFF REPORT FOR THE G DATE OF July 20, 2006 D. Required. Findings from Unified Development Code 1. Annexatian Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to R-15. City Cowncil finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; City Council finds that future development of this property will comply with the established regulations and purpose statement of the R-15 zone. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staffrecommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. 4. The map amendment shall not result nn an adverse impact upon the delivery of sernices by any political subdivision providing public services within the City including, but not limited to, school districts; and, City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation is in the best of interest of the City (UDC 11-SB-3.E). The R-15 zoning amendment will provide a buffer between the existing single family detached units to the south and east and any fimlre commercial development along Fairview Ave. City Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. This is a logical expansion of the City limits. In accordance with the findings listed above, City Council finds that Annexation and Zoning of this rnotaertv to R 15 would be in the best interest of the Cit~the aonhcant enters into a Development Al~reement (DA) with the Cites 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; Exhibit D -Page 2 CTfY OF MERIDL~ANNIIVG DEPARTMENT STAFF REPORT FOR TH~ARIN(i DATE OF July 2Q 2006 City Council finds that the proposed application is in substantial compliance with the adopted Comprehensive Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; City Council finds that public services aze available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, City Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; The Commission and Council should rely upon comments from the public service providers (i.e., police, fire, ACRD, etc.) to determine this finding. (See finding Items 3 and 4 above under Annexation Findings, and the Conditions of Approval in Exhibit B for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and City Council is not aware of any health, safety, or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACRD considers road safety issues in their analysis. The Commission and Council should reference any public testimony that maybe presented to determine whether or not the proposed subdivision mny cause health, safety or environmental problems of which staff is unaware. 6. The development preserves significant natural, scenic or historic features. City Council is unaware of any natural, scenic or historic features on this site. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy ar damage a natural or scenic feature(s) of major importance of which staff is unawaze. 3. CUP Findings: The Commission shall base its determination on the Conditional Use Permit request upon the following: A. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Exhibit D -Page 3 CITY OF MERIDL~1 ~Q DEPARTMENT STAFF REPORT FOR T'FIIG DATE OF July 20, 2006 City Council finds that the site is large enough to accommodate all required parking, landscaping, loading and other standard regulations required by the UDC. B. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. City Council finds that the proposed zoning is in general conformance with the comprehensive plan (please see Section 8 of the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development). C. That the design, constriction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. City Council finds that the general design (as amended), construction, operation and maintenance of the multi-family use will be compatible witch other uses in the general neighborhood and with the existing and intended character of the vicinity as to not adversely change the character of the area. City Council finds that a higher density residential use on this site should be compatible with the neighborhood (provided the applicant complies with all UDC provisions.) 'The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposal will adversely affect the other properties in the area. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. City Council finds that the proposed development should not adversely affect other property in the vicinity if the applicant complies with all Preliminary Plat, Development Agreement and CUP conditions and constructs all improvements and operates the use in accordance with the UDC standards. E. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage strictures, reface disposal, water, and sewer. Please refer to the comments and conditions prepared by the Meridian Fire Department, Police Department, Parks Department, Sanitary Services Company and ACRD in Exhibit B. F. That the proposed use wilt not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. If approved, the developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police and school facilities and services. City Council finds that the applicant should be required to pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City. The applicant and/or future property owners will be required to pay highway impact fees. City Council finds that the proposed uses should not create excessive additional costs for facilities or services and should not be detrimental to the economic welfare of the community. G. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the Exhibit D -Page 4 CITY OF MEWLING DEPARTMENT STAFF REPORT' FOR TFRIIVG DATE OF July 20, 2006 general welfare by reason of excessive producdon of traf$c, noise, smoke, fumes, glare or odors. City Council finds that the proposed development will, not involve uses that will create nuisances that would be detrimemal to the general welfare of the surrounding area. Staff does not believe that the amount of trafSc or noise generated will be detrimental to the general welfare of the public. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposal may cause health, safety or environmental problems of which staff is unaware. H. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. City Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance. Staffrecommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. Exhibit D -Page 5 November 17, 2006 AZ 06-013 MERIDIAN CITY COUNCIL MEETING November 21, 2006 APPLICANT America West Homes, LLC ITEM NO. 5-IC REQUEST Development Agreement -Request for Annexation Qnd Zoning of 21.77 acres from RUT to R-15 zones for Canterbury Commons Subdivision -south side of Pine Avenue and east of Ten Mile Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Materials presented at COMMENTS see altaahed Development AgreemerrF ~1®d-~n-p Staff Initials: meetings shall become property of the Cffy of Meridian. • . _,. HAWLEY Tu~~OXELL ENNIS &HAWLEYLLP ATTORNEYS AT LAW GEOFFREY M. WARDLE ADMITTED TO PRACTICE LAW IN IDAHO AND OHIO EMAIL: GMW@HTEH.COM DIRECT DIAL: (208) 388-4894 November 14, 2006 VIA U. S. MAIL Tara Green Meridian City Clerk's Office 33 East Idaho Avenue Meridian, ID 83642 Re: Canterbury Commons Development Agreement Dear Tara: ~;iL,~ ~l~x~~ ~?-i~~c: Enclosed please find two (2) originals of the Development Agreement, as executed by J.S. Risi Revocable Family Trust, Risi Family Limited Partnership, and American West Homes, LLC, and notarized. Please place this Development Agreement on the next available City Council agenda, and let me know the date and time scheduled for the meeting. Please contact me if you have any questions or comments. Thank you. Sincerely, HAWLEY TROXELL ENNIS &HAWLEY LLP eoffr ar le cbg Enclosures cc: Michelle Albertson, Paralegal Meridian City Attorney's Office (w/enc. via email) • 877 Main Street, Suite 1000 P.O. Box 1617 Boise, Idaho 83701-1617 (208) 344-6000 Fax (208) 342-3829 www.hteh.com ' `gg ry a i _~~~ n`A~~~ ~,~ "~ IAA ~eN~{ 42974.0001.900113.1 • DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. J.S. Risi Revocable Family Trust and Risi Family Limited Partnership, Owners 3. American West Homes, LLC, Developer THIS DEVELOPMENT AG1ZF1~1VI~.NT (this "Agreement"), is made and entered into this day of , 2006, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called "CITI"', American West homes, LLC, whose address is 398 S. 9~' Street, #250, Boise, ID 83702, hereinafter called DEVELOPER, and J.S. Risi Revocable Family Trust & Risi Family Limited Partnership, whose address is 1220 Coast Village Road, #108, Montecito, CA 93108, hereinafter called OWNER. 1. RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the Developerand/or Owner make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of the Meridian Unified Development Code, which authorizes development agreements upon the annexation and/or re- zoning of land; and 1.4 WHEREAS, Developer has submitted an application for annexation and zoning of the Property's described in Exhibit A, and has requested a designation of (R-15) Medium High Density Residential District, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, Developer and/or Owner made representations at the public hearings both before the Meridian Planning & Zoning DEVELOPMENT AGREEMENT (AZ 06-013) CANTERBURY COMMONS SUBDIVISION PAGE 1 OF 13 • Commission and 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 annexation and zoning designation of the subject Property held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of govennment subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 3`d day of October, 2006, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which aze attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as the Findings; and 1.8 WHEREAS, the Findings require the Developer and/or Owner to enter into a development agreement before the Ciry Council takes final action on annexation and zoning designation; and 1.9 DEVELOPER and/or OWNER deem it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at their urging and requests; and 1.10 WHEREAS, City requires the Developer and/or Owner to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re- zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11. DEVELOPMENT AGREEMENT (AZ 06-013) CANTERBURY COMMONS SUBDIVISION PAGE 2 OF 13 NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 DEVELOPER: means and refers to American West Homes, LLC, whose address is 398 S. 9~' Street, #250, Boise, ID 83702, the party developing said Property and shall include any subsequent developer(s) of the Property. 3.3 OWNER: means and refers to J.S. Risi Revocable Family Trust & Risi Family Limited Partnership, whose address is 1220 Coast Village Road, #108, Montecito, CA 93108, the parties that own said Property and shall include any subsequent owner(s) of the Property. 3.4 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned R-15 (Medium High Density Residential District) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian City Code Section 11 which aze herein specified as follows: Construction and development of a multi family development consisting of 116 residential lots (49 4 Alex lots and 67 townhouse DEVELOPMENT AGREEMENT (AZ 06-013) CANTERBURY COMMONS SUBDIVISION PAGE 3 OF 13 lots) and 10 common lots in a proposed R-IS zone on 20.32 acres pertinent to this AZ 06-013 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Developer and/or Owner shall develop the Property in accordance with the following special conditions: 1. That all future development shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 2. That all future development of the subject property shall be consistent with the applicant's approved preliminary plat and site plan unless otherwise modified by other provisions of the DA, or in the future by the City Council. 3. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. 4. That the future uses and lots on this site shall conform to the District Regulations contained in the Unified Development Code (iJDC), in effect at the time of development. 5. That the applicant will be responsible for all costs associated with the sewer and water service extension. 6. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. _ 7. That prior to issuance of any building permit, the subject property DEVELOPMENT AGREEMENT (AZ 06-013) CANTERBURY COMMONS SUBDIVISION PAGE 4 OF 13 i i be subdivided (a recorded final plat) in accordance with the City of Meridian Unified Development Code. 8. That all landscape street buffers and land use buffers will be constructed in accordance with the UDC provisions in effect at the time of development. 9. That the applicant agrees to provide amenities on this site as depicted on the revised preliminary plat dated May 19, 2006. 10. That no more than 116 buildable lots and 263 dwelling units may be constructed on this site. 11. That the applicant agrees to condo all of the proposed 4plexes. That said condo plat(s) shall be completed prior to occupancy of any of the units. 12. The applicant shall be required to provide an easement for a future public bus pull out/bus stop along Pine Avenue. 13. The specific design criteria and elevations presented by the applicant and discussed during the City Council meetings shall be included within the development agreement for this site. 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the Developer and/or Owner or Developers and/or Owners heirs, successors, assigns, to comply with Section 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. 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: Developer and/or Owner consents upon default to the reversal of the zoning designation of the Property subject to and conditioned upon the following conditions precedent to-wit: DEVELOPMENT AGREEMENT (AZ 06-013) CANTERBURY COMMONS SUBDIVISION PAGE 5 OF 13 • 7.1 That the City provide written notice of any failure to comply with this Agreement to Developer and/or Owner and if the Developer and/or Owner fails to cure such failure within six (6) months of such notice. 8. INSPECTION: Developer and/or Owner shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written appioval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the City that apply to said Development. 9. DEFAULT: 9.1 In the event Developer and/or Owner, or Developer's and/or Owner's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be modified or terminated by the Ciry upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by City of any default by Developer and/or Owner of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of City or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Developer's and/or Owner's cost, and submit proof of such recording to Developer and/or Owner, prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. DEVELOPMENT AGREEMENT (AZ 06-013) CANTERBURY COMMONS SUBDIVISION PAGE 6 OF 13 • 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either City orDeveloperand/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 this Agreement, the parties agree that City and Developer and/or Owner shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non- breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either Developer and/or Owner or City is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code, to insure that installation of the improvements, which the Developer and/or Owner agree to provide, if required by the City. 14. CERTIFICATE OF OCCUPANCY: The Developer and/or Owner agree that no Certificates of Occupancy will be issued until all improvements are completed, unless the City and Developer and/or Owner has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 15. ABIDE BY ALL CITY ORDINANCES: That Developer and/or Owner agree to abide by all ordinances of the City of Meridian and the Property shall be subject to DEVELOPMENT AGREEMENT (AZ 06-013) CANTERBURY COMMONS SUBDIVISION PAGE 7 OF 13 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: J. S. Risi Revocable Family Trust Risi Family Limited. Partnership 1220 Coast Village Road, #108 Montecito, CA 93108 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 DEVELOPER: American West Homes, LLC 398 S. 9~` Street, #250 Boise, ID 83702 16.1 A parry shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined. by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. DEVELOPMENT AGREEMENT (AZ 06-013) CANTERBURY COMMONS SUBDIVISION PAGE 8 OF 13 • ~ 18. TIIVIE 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 Developer and/or Owner of the Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Developer and/or Owner, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Developer and/or Owner have fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Developer and/or Owner and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Developer and/or Owner and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. DEVELOPMENT AGREEMENT (AZ 06-013) CANTERBURY COMMONS SUBDIVISION PAGE 9 OF 13 • 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. DEVELOPER AMERICAN WEST HO , LLC - p ~. ~, By: OWNERS J.S. RISI REVOCABLE F,~MII,Y TRUST RISI FAMII.Y LIlVIITED PARTNERSHIP cn DEVELOPMENT AGREIIVIENT (AZ 06-013) CANTERBURY COMMONS SUBDMSION PAGE 10 OF 13 CITY OF MERIDIAN By: MAYOR TAMMY de WEERD Attest: WILLIAM G. BERG, JR., CITY CLERK Wyorv,iay STATE OF BHA, ) -re,P.,,~,.~ ss County of ~ ) On this ~ ~ day of f Y r, 2006, before me, the dersi~gned, a Notary Public in and for said State, rers~xally appeared ~j0~~-,~f~ ~ ~ ~ known or identified to me to be the _ Gt'P ill ~ ~~ l p Gtr"hr~ ~ l of American West Homes, LLC and acknowledged to me that they executed the same on behalf of said corporation. IlV WITNESS WHEREOF, I have hereunto set my hand and affixed. my official seal the day and year in this certificate first above written. MEL~( ANDS -NOTARY PUBLIC COUNTY OF STATE OF Notary Public for~e§e- ~ o r~C~ TETON WYOMING M Commission Ex fires 8/26/2009 Residing at: ~~ Cc ~ My Commission Expires: `~' ~~ ~ 0 °I DEVELOPMENT AGREEMENT (AZ 06-013) CANTERBURY COMMONS SUBDIVISION PAGE I1 OF 13 STATE OF 0 t~~ • ss County of 'r~ ~ , ~ ,'rr On this ~ ~ day of I~ OU e'r^-~~ ~ 2006, before me, the undersigned, a No Public in and for said State, personally appeared ~ t S i ,known or identified to me to be the of the J.S. Risi Revocable Family Trust and ac owledged to me that they executed the same on behalf of said Trust. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. MELANIE K, SANDS -NOTARY PUBLIC COU ~Y(N~rEAL) STATE OF t~ WYOMING My Commission Expires 9/26/2449 STATE OF ~ i net ss_] County of Y1 , e ~ • Notary Public for ~M+ v~ Residing at: '~ r v~.~ My Commission Expires: ~ 1 ~~ On this { day of ~~ ~' ~~ 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared ~® ~`Q-~1~ tSl ,known or identified to me to be the ~ C'®t ~r r of the Rini Family Limited Partnership and acknowledged to e that they exe ted the same on behalf of said partnership. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. MELANIE K. SANDS -NOTARY PUBLIC COUL) STATE OF WYOMING M Commission Ex Tres 9!2612409 Notary Public for •t~ Residing at: ~ tt+~- My Commission Expires: ~' DEVELOPMENT AGREEMENT (AZ 06-013) CANTERBURY COMMONS SUBDIVISION PAGE 12 OF 13 • STATE OF IDAHO ) ss County of Ada ) Ori this day of , 2006, before me, a Notary Public, personally appeared Tammy de Weerd and William G. Berg, Jr., know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: Commission expires: _ DEVELOPMENT AGREEMENT (AZ 06-013) CANTERBURY COMMONS SUBDIVISION PAGE 13 OF 13 G D~SCRIP'TION Ft~R ~I+CA NEST HC,} The fcllcwin~ descx~~.bes ~ parcel ®f real ~ro~erty be,inc~ ~ ~oxt~.+~n of - tk~e Southwest Quarter caf ~ectioat 11, Townsh~a 3 North, Range 1, West, BffiM.~ pity of Meridian, Asia bounty, Idaho, and being more particularly efescribed as follows: ~ erioing at tkae ~ea~te~c Quarter Cesrner of said section 11, thence aglon they,,eaysptq-westp~ceTAte7c'.l~.in@ cif ,said ~ectfon 11, N89°ZQ'~5"W8 5'72s~6 feP.C to the 6Li ~iY ~4cR Q'j Thence, leaping said centerline, Sff~°~a4'18`°w, 9Z5.4i~ feet to the The above deacr~.l~ed ~aarcel of real ipro~serty contains ~., 77 acres, wore ttr ~.ess and is subject to tae Rights-of-Way of the sight Mile I,atera~. being Sixty-feeC,d6t~` l in width, West dine Avenue being Twenty-~`ive fast ~5{D' ~ in width and an easetment fc~r the Ten e~~.~.e Stt~a i~raa.n being Sixty- eet t6f3' } in width. f ADA COUNTY RECORDER J YID NAYARRO AMOUNT .00 64 BOISE IDAH011/3010ti 01141 DEPUTY ~ickl Allen III II II II I III I I!I I IIII IIII I II I III I III RECORDED -REQUEST OF 1-3r~ 1$7105 City of Meridian DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. J.S. Risi Revocable Family Trust and Risi Family Limited. Partnership, Owners 3. American West Homes, LLC, Developer THIS DEVELOP NT AGREEMENT (this "Agreement"), is made and entered into this day of O 8i~ ~ , 2006, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called "CITY", American West Homes, LLC, whose address is 398 S. 9~' Street, #250, Boise, ID 83702, hereinafter called DEVELOPER, and J.S. Risi Revocable Family Trost & Risi Family Limited Partnership, whose address is 1220 Coast Village Road, #108; Montecito, CA 93108, hereinafter called OWNER. 1. RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the Developer and/or Owner make a written coriiitnitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of the Meridian Unified Development Code, which authorizes development agreements upon the annexation and/or re- zoning of land;. and 1.4 WHEREAS, Developer has submitted an application for annexation and zoning of the Property's described in Exhibit A, and has requested a designation of (R-15) Medium High Density Residential District, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, Developer and/or Owner made representations at the public hearings both before the Meridian Planning & Zoning DEVELOPMENT AGREEn~NT (AZ 06-013) CANTERBURY COMMONS SUBDIVISION PAGE 1 OF 13 Commission and 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 annexation and zoning designation of the subject Property held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 3rd day of October, 2006, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as the Findings; and 1.8 WHEREAS, the Findings require the Developer and/or Owner to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 DEVELOPER and/or OWNER deem it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at their urging and requests; and 1.10 WHEREAS, City requires the Developer and/or Owner to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected. property owners and to ensure re- zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11. DEVELOPMENT AGREEMENT (AZ 06-013) CANTERBURY COMMONS SUBDIVISION PAGE 2 OF 13 • 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 aze incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 DEVELOPER: means and refers to Americau West Homes, LLC, whose address is 398 5.9~' Street, #250, Boise, ID 83702, the party developing said Property and shall include any subsequent developer(s) of the Property. 3.3 OWNER: means and refers to J.S. Risi Revocable Family Trust & Risi Family Limited Partnership, whose address is 1220 Coast Village Road, #108, Montecito, CA 93108, the parties that own said Property and shall include any subsequent owner(s) of the Property. 3.4 PROPERTY: means and refers to that certain pazcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned R-15 (Medium High Density Residential District) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian Ciry Code Section 11 which aze herein specified as follows: Construction and development of a multi family development consisting of II6 residential lots (49 4 Alex lots and 67 townhouse DEVELOPMENT AGREEMENT (AZ 06-013) CANTERBURY COMMONS SUBDIVISION PAGE 3 OF 13 lots) and 10 common lots in a proposed R-IS zone on 20.32 acres pertinent to this AZ 06 013 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Developer and/or Owner shall develop the Property in accordance with the following special conditions: 1. That all future development shall not involve uses, activities, processes, materials, egtupment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 2. That all future development of the subject property shall be consistent with the applicant's approved preliminary plat and site plan unless otherwise modified by other provisions of the DA, or in the future by the City Council. 3. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. 4. That the future uses and lots on this site shall conform to the District Regulations contained in the Unified Development Code (UDC), in effect at the time of development. 5. That the applicant will be responsible for all costs associated with the sewer and water service extension. 6. That any existing domestic wellsand/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 7. That prior to issuance of any building permit, the subject property DEVELOPMENT AGREEMENT (AZ 06-013) CANTERBURY COMMONS SUBDIVISION PAGE 4 OF 13 ~ ~ be subdivided (a recorded final plat) in accordance with the City of Meridian Unified Development Code. 8. That all landscape street buffers and laud use buffers will be constructed in accordance with the UDC provisions in effect at the time of development. 9. That the applicant agrees to provide amenities on this site as depicted on the revised preliminary plat dated May 19, 2006. 10. That no more than 116 buildable lots and 263 dwelling units may be constructed on this site. 11. That the applicant agrees to condo all of the proposed 4plexes. That said condo plat(s) shall be completed prior to occupancy of any of the units. 12. The applicant shall be required to provide an easement for a future public bus pull out/bus stop along Pine Avenue. 13. The specific design criteria and elevations presented by the applicant and discussed during the City Council meetings shall be included within the development agreement for this site. 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the Developer and/or Owner or Developers and/or Owners heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is effective, and after the Ciry has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6609, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: Developer and/or Owner consents upon default to the reversal of the zoning designation of the Property subject to and conditioned upon the following conditions precedent to-wit: DEVELOPMENT AGREEMENT (AZ 06-013) CANTERBURY COMMONS SUBDIVISION PAGE 5 OF 13 r 7.1 That the City provide written notice of any failure to comply with this Agreement to Developer and/or Owner and if the Developer and/or Owner fails to cure such failure within six (6) months of such notice. 8. INSPECTION: Developer and/or Owner shall, immediately upon completion bf 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 Developerand/or Owner, or Developer's and/or Owner's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement maybe modified or terminated by the Ciry upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by Ciry of any default by Developer and/or Owner of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not baz any other rights or remedies of Ciry or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Developer's and/or Owner's cost, and submit proof of such recording to Developer and/or Owner, prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplateii hereby, the Ciry 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. DEVELOPMENT AGREEMIIVT (AZ 06-013) CANTERBURY COMMONS SUBDIVISION PAGE 6 OF 13 12• REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either City or Developer and/or Owner, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement 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 this Agreement, the parfies agree that City and Developerand/or Owner shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non- breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either Developer and/or Owner or City is delayed for causes which aze beyond the reasonable control of the party responsible, for such performance, which shall include, without limitation, acts of civil disobedience; strikes or similaz causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code, to insure that installation of the improvements, which the Developer and/or Owner agree to provide, if required by the City. 14. CERTIFICATE OF OCCUPANCY: The Developer and/or Owner agree that no Certificates of Occupancy will be issued until all improvements aze completed, unless the City and Developer and/or Owner has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed., and accepted by the City. 15. ABIDE BY ALL CITY ORDINANCES: That Developer and/or Owner agree to abide by all ordinances of the City of Meridian and the Property shall be subject to DEVELOPMENT AGREEMENT (AZ 06-013) CANTERBURY COMMONS SUBDMSION PAGE 7 OF 13 ~ i 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: J. S. Risi Revocable Family Trust Risi Family Limited partnership 1220 Coast Village Road, #108 Montecito, CA 93108 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 DEVELOPER: American West Homes, LLC 398 S. 9`~ Street, #250 Boise, ID 83702 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 a.s may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. DEVELOPMENT AGREEMENT (AZ 06-013) CANTERBURY COMMONS SUBDIVISION PAGE 8 OF 13 ® ~ • 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 Developerand/or Owner of the Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Developer and/or Owner, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Developer and/or Owner have fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Developer and/or Owner and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Developer and/or Owner and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21..1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. DEVELOPMENT AGREEMENT (AZ 06-013) CANTERBURY COMMONS SUBDIVISION PAGE 9 OF 13 • 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the patties have herein executed this agreement and made it effective as hereinabove provided. DEVELOPER AMERICAN WEST HOMF~,S, LLC t~v J.S. RISI REVOCABLE F Y TRUST i By. DEVELOPMENT AGREEIVIENT.(AZ 06-013) CANTERBURY COMMONS SUBDIVISION PAGE 10 OF 13 RISI FAMILY LIlVIITED PARTNERSHIP • CITY OF MERIDIAN • By:~ ' e``~~ ti„ „M~-f f i JQR T de WEERD ., _ Attest: a~ i2~^~ ~ L WII. I,IAM G. BERG, JR., . ~~ ~ ~$,~ , `~ .~ ~~o ~/OdRf`S ~ 9 q~~\4~~\ 'lrfffff999i 9g96eq~t,~ wyo Vlnl u ~! STATE OF ~I, ) ss County of ~ ) T~ -~-' On this ~ ~ day of I ~ 4 d P N~i'(°/2006, before me, the dersigned, a Notary Public in and for said State, personally appeazed ~®~~~~ i ~ known or identified to me to be the ~' ~. \ ~ ~ ~ of American West Homes, LLC and acknowledged me that they ex uted the same on behalf of said corporation. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and yeaz in this cexlificate first above written. M ~. SANDS -NOTARY PUBLIC COUNTY OF STATE OF Notazy Public fore t~ o v~ i ~~ TETON WYOMING Residing at: '~ (,~,~,`~-~' My Commission Ex res sl26/2049 My Commission Expires: Q DEVELOPMENT AGREEMENT (AZ 06-013) CANTERBURY COMMONS SUBDIVISION PAGE 11 OF 13 • • STATE OF ~ 0 6~y . ss,..! County of ~~~~ , I~`~ On this ~- day of ~ ~`~, Ip ~P ~, 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared - ®`°~~ 1¢~i ~ known or identified to me to be the ~~~~ ~ of the J.S. Risi Revocable Family Trust and acknowledged to me that they executed the same on behalf of said Trust. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. MELANIE K. SANDS -NOTARY PUBliC G4Ut~~~) STATE OF TES WYOMING My Commission E Tres 9/26/2409 STATE OF D • t~~ ) .~~ s County of Y1 ) P ~ d '~1 - ' Notary Public for Yti'1 (Yl~ / . Residing at: (,c, ~ My Commission Expires: On this 4 ~ day of ® ~ ~~ ~ 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared known or identified to me to be the ~ ~. ~ ~ of the Rini Family Limited Partnership and acknowledged t e that they ex uteri the same on behalf of said partnership. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. MELANIE K. SANDS -NOTARY PUBLIC GO~~~) STATE OF WYOMING M Commission E ices 9/26/2049 ~---~ otary Public for ~ ®1(~ ~t'l~ Residing at: ~ `,c. Y\~1` My Commission Expires: ~® DEVELOPMENT AGREEMENT (AZ 06-013) CANTERBURY COMMONS SUBDIVISION PAGE 12 OF 13 STATE OF IDAHO ) ss County of Ada ) On this ~'`~ day of ~ ~C~Yern~b~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. i1 ~ ~ ~ ~ "11 ~ • A ~ t 1 ~ `. G .'as a ~..~y( 1~ cs `. r~~J ~~!~^Qs~1 otary Public for Idaho Residing at: ~~L~ L11P , LI'~ Commission expires: ~-i l'-' ' DEVELOPMENT AGREEMENT (AZ 06-013) CANTERBURY COMMONS SUBDIVISION PAGE 13 OF 13 ~ r~~sc~~~~ FAR ~c~ ~ xt~ 7che ~'~llvwing des~,bes a parcel of real pr~-pert~ being a rtivn of flee .Southwest ~uar~ter of ~eotiorc 1l, `Toar~astai~a 3 ritorth, itax~~e l ~7est, i$.A4., G,lt~ ~f Meridian, Asia ~'t~u~ty, ~dah®, and being more paxticaxlarl,y described as follows: ~eaenc3,r~g at the ~ea~te~c quarter Corner of said Section 11, tl~enoe a3.vna~ the east-west center~,irae of said aectiora Z~., NS9"IQ' 45"W, 572.46 feet tca the ~ Off' B~ ; Thence, lea~tinq said center~,ir~e, SQQ°5fl~ 1~`°W, 925. ~8 feet to the 'The a~ve dea~cr~.d parce3, of read. prpperty a~antaias 23..77 scree, tore or .leas and is subject to a Rights-®f®Wa~r of the S~.ght Mile Latea~al bei~ag Sixt~r-feet, ~ 6Q~ j in width, test P~.rae Avenue kaeing 'i'~renty°E'ive feet ~ 5t}' } i~n w~.dth ar~d an eaae~tent fob the Ten t~i~.e stub gain being Sixt~+° hest X6{1' i ire w~.dth. cITY of n~RIDIAN FINDINGS of FACT, CONCLITSIONS OF LAW AND DECISION & ORDER • Y ~~r~r ~~~ e t ~` t :i~~PYt1 a•. ~~. .., .... , In the Matter of Annexation and Zoning of 21.77 acres to R-15 (Medium High_Density Residential), AND Preliminary plat approval of 116 residential lots (49 4-plear lots and 67 townhouse lots) and 10 common lots on 20.32 acres, AND Conditional Use Permit approval to construct amulti-family development consisting of 196 multi-family dwelling units (4- plexes) on 491ots and 67 townhouse dwelling units, AND private Street approval adjacent to the proposed multi-family lots within Canterbury Commons Subdivision, by American West Homes, LIrC. Case No(s): AZ-05-013, PP-06-011, CUP-06-006, and PS-06-005 For the City Council Hearing Date of: September 12, 2006 (Findings approved on October 3, 2006) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 11, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 11, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 11, 2006 incorporated ~-y reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 11, 2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-013 / PP-06-01 I / CUp-06-006 / PS-06-005 -PAGE 1 of 5 • 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, Site Plan, Landscape Plan, and the Conditions of Approval all in the attached Staff Report for the hearing date of July 11, 2006 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary plat dated June 30, 2006 is hereby conditionally approved; 2. The applicant's Landscape Plan as evidenced by having submitted the Landscape Plan dated June 26, 2006 is hereby conditionally approved; and, 3. The following modifications to the conditions were made at the City Council hearing: a. The applicant shall be required to condo the 4-flex bufldinas, as uroposed. Said condo of the 4plez buildings shall be completed prior to ocenaancv of anv of the units. _ .~. b. The applicant shall be required to provide an easement for a future public b_us Hull out/bus stop along Pine Avenue. c. The speci$c desisn criteria and elevations presented by the applicant and discussed during the Citv Council meeting shall be included within the development agreement for ti's site. d. The oDpliean, t shall alien„ where appropriate. the handicap parking stalls as to provide an open corridor for fire department gurney access to the units 4. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of July 11, 2006 incorporated by reference. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-013 / PP-06-011 /CUP-06-006 / I'5-06-005 -PAGE 2 of 5 D. Notice of Applicable Time Limits (as applicable) • 1. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set faith in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditions use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase, In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. ffthe successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (1$) months as determined and approved by the Commission maybe granted. With all extensions, the Director or Commission may require the conditional, use comply with the current provisions of Meridian City Code Title 11. 2. Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, maybe considered for final approval without resubmission for preliminary plat approval_ Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B- 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council maybe granted. With aU extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDEtt CASE NO(S). AZ-06-013 / PP-06-011 (CUP-06-006 / PS-06-0OS -PAGE 3 of 5 • Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request far a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of July 11, 2006 CITY OF MERiUTAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISIpN & ORDER CASE NO(S). AZ-06-013 / PP-06-01 I /CUP-06-006 / PS-OG-005 -PAGE 4 of 5 By action of the City Council at its regular meeting held on the ~~~ day of _~~~~ 2006. COUNCIL MEMBER SHAUN WARDLE VOTED--~~~'" COUNCIL MEMBER JOE BORTON VOTED__~~iJ~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED__~~~G~ COUNCIL MEMBER KEITH BIRD VOTED_ I~~~- TIE BREAKER MAYOR TAMMY de WEERD VOTED ~' ATTEST: ```~ ~,~ ~'~ ~~'~.' r ~a WII,LIAM G. BERG, JR., CLERK $~~~' ~ ~~ ,~ %r T 1 ~ ~`*1,~ Copy served upon: /~ Applicant ~~~'~~ , ~~``~~ ~-Planning Depari~H~ntt~„~,~~,--- -~/ -Public Works Department / City Attorney By: Dated: ,Q - q - Q City Clerk's Office ~~~ ~_ MAYO de WEERD ```\--- ~~~~1~ ~i a r~~~jl'`'''t { CITY OF MERIDIAN FWDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-013 / PP-06-011 /CUP-06-006 / PS-06-005 -PAGE 5 of 5 CITY OF MERIDIAN PLA)~G DEPARTMENT SmAFF REPORT FOR THE~ARING DA TE OF JULY 11, 2006 STAFF REPORT TO: FROM: Hearing Date: July 11, 2006 Mayor 8c City Council C. Caleb Hood, Current Planning Manager Meridian Planning Department 20&-884-5533 -~ ~~=:'~ c,fiti .~ ~~~~8:~ ~A.;4 ~a'..w t: SUBJECT: Canterbury Commons Subdivision A~06-013 -Annexation and Zoning of 21.77 acres to R-15 (Medium High_ Density Residential) PP-06-011-Preliminary plat of 122 residential lots (50 4-plex lots and 72 townhouse lots) and 10 common lots on 20.32 acres NOTE: Revised flat proposes 116 residential lots (49 4-plex lots and 67 townhouse lotsl CUP-06-006 -Conditional Use Permit to construct amulti-family development consisting of 200 multi-family dwelling units (4-plexes) on SO lots and 72 townhouse dwelling units NOTE: Revised site p~proposes 196 multi-family dwe units on 491ots and 67 townhouse dwelling units PS-Ob-005 -Private Street adjacent to the proposed multi-family lots within Canterbury Commons Subdivision VAR 05-005 -Variance requests to allow lot sizes in the R-15 zone to go below the 2,400 square-foot min;mnn, (down to 1,900 squaze-feet) AND to allow a reduction to the standard 12-foot rear setback of the R-15 zone (11-foot rear setback requested) NOTE: The applicant has withdrawn this request 1. SiT1VIlVIARY DESCR~PITON OF APPLICANT'S REQUEST The applicant, American West Homes, LLC, has applied for Annexation and Zoning (AZ) to R-15 (Medium High-Density Residemial), Preliminary Plat (PP) approval of 122 residential building lots and 10 common lots, and Conditional Use Permit (CUP) approval of amulti-family development consisting of 50 4-plexes and 72 attached townhouse units on 21.77 acres of property currently zoned, RUT in Ada County. The applicant is also requesting approval to construct private streets adjacent to the 4-rlex units and variance approval to have substandard lots and reduced rear setbacks in the R 15 zone. The site is located on the south side of Pine Avenue, approximately 400 feet east of Ten Mile Road. Currently, there are three single-family homes and associated outbuildings on this site. The site has not been previously platted. The subject property is within the Urban Service Planning Area. NOTE: This ro'ect was nrio-inally enl~a.l„lni +., l,e L,o.,..A a....:_.- ..L_ w,r___L ,.th ,,, .. meet with Plannins Staff and make revisions to the plan Staff has updated the Staff Report to reflect the changes made Some of the than es made include: a reduction in buildable lots from 122 to 116. addins; amenities (basketball court picnic area tot lot azea), increasin>r the lot size so all lots ~ have at least 2.400 square feet, and increasing the amount of open space (please see Section 10 below for anal sis of all than es made .The comments below aze based on the revised Pre ' Flat re azed by Treasure Vallev Engineers last revised on May 19 2006 and the revised Landscape Plan prepared by Jensen Belts dated 5-25-(?6 On June 1 2006 the Meridian Plannin & Zonin Commission voted to recommend approval of the subiect praiect The Commission also accepted the applicant's withdrawal letter for the variances ongmally requested for lot size and setbacks The applicant has submitted a Caatexbury Commons Subdivision AZ-06-013/PP-06-011/CUP-OS-006/PS-06-0OSNAR-06-005 PAGE 1 CITY OF MERIDIAN FLAG D>:PARTMENT STAFF REPORT FOR TIiI;'~TEARING DA'1~ OF J[JLY 11, 2006 revised preliminary plat that depicts the covered par ' g for the multi-family units a 7 foot wide public utili easement in front of some of the multi-famil buildin s and u ted ro'ect calculations. The applicant has also submitted a revised landscape plan that has a June 26 2006 date and depicts the covered nazkuu* areas, reytsed amenities and pathways and project calculations These revised plans have been reviewed by staff and are generall consistent with the Conditions listed in Exhibit B. These plans have been scanned into Exhibit A 2. SUMMARY RECOMMENDATION The subject applications were submitted to the Planning Department for concurrent review. Generally, the Planning & Zoning Commission is the final decision making body on a Conditional Use Permit and the Director is the final decision maker on a Private Street application. However, because the City Council is the final decision making body on the Annexation, Variance and Preliminary Plat applications, all of the subject applications are being combined into one staff report. The Commission should make recommendations to the Council on all of the subject applications. After detailed review of the subject applications. staff has provided etailed anal~s_is and is reconunending_approval with the conditions listed m Exhibit B. On June 1 2006 the Meridian Planning & Zoning Commission voted to recommend approval of the subject applications On September 12 2006 the Meridian Citv Conncd voted to apurove the snbiect auulications a. Summary of Commission Pablic Hearings: i. In favor: Geoff Wazdle, Joe Risf, Lance Warrick, Mark Sanders ii. In opposition: None iii. Commenting: None iv. Staff presenting application: Anna Canning, Caleb Hood v. Other staff commenting on application: Mike Cole b. Key Issues of Discussion by Commission: i. Requested variances to lot size and setbacks, and not being supportive of the requests; ii. Common area calculations; iii. Elevations, particularly the double-fronted 4-plex elevations; and, iv. Layout of the project. c. Key Commission Ch$nges to Staff Recommendation: i. None d. Outstanding Issue(s) for City Council: i. As part of the Commissions motion to recommend approval, the Commission wanted to give the Police Department an opportunity to update their comments with the revised plans. Staff recommends that the applicant give the Council an update regarding any meetings they have had with the Police Department. 3. PROPOSED MOTIONS (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ- 06-013, PP-06-011, CUP-06-006, and PS-06-005 as presented in staffreport for the hearing date of July 11, 2006 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-06- 013, PP-06-011, CUP-06-006, and PS-06-005 as presenter during the hearing of July 11, 2006, for the following reasons: (you should state specific reasons for denial of the annexation and you must state specific reasons for denial of the plat and conditional use permit.) Canterbury Commons Subdivision AZ-06-013/PF-06-011/CUP-05-006/PS-06-OOSNAR-06-005 PAGE 2 C1TY OF M1:RIDIAN PLAG DEPARTMENT STAIa'F REPORT FOR THE'G DA TE OF JULY 11, 2006 COIIt1nU~11Ce After considering all staff, applicant and public testimony, I move to continue File Numbers AZ- 06-013, PP-06-011, CUP-06-006, and PS-06-0OS to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 2735 -2985 Pine Avenue; South side of Pine Avenue, east of Ten Mile Road, in Section 11, Township 3 North, Range 1 West. b. Owners: J.S. Risi Revocable Family Trust 27 W Anapamu #3S0 Santa Barbara, CA 93101 Risi Family Limited Partnership 27 W. Anapamu Street #350 Santa Barbara, CA 93101 c. Applicant: American West Homes, LLC 404 S. 8~' Street Boise, ID 83702 d. Representative: Joseph S. Risi e. Present Zoning: RUT- Ada County f. Present Comprehensive Plan Designation: Mixed Use -Community g. Description of Applicant's Request: The applicant is requesting approval of Annexation and Zoning (AZ) to R-15 (Medium High-Density Residential), Preliwinary Plat (PP) approval of 122 residential building lots and 10 common lots, and Conditional Use Permit (CLIP) approval of a nrulti-family development consisting of 50 4-plexes and 72 attached townhouse units on 21.77 acres of property currently zoned RUT in Ada County. The applicant is also requesting approval to cnnstn~ct private streets adjacent to the 4-plex units and voricuace approval to have substandard lots and reduced rear setbacks in the R-15 zone. The applicant is requesting an 11-foot rear setback for a block of the townhouse lots. Forty-two of the seveniy- two proposed townhouse lots are below the 2,400 square-foot minimwm lot size; thirty of the townhouse lots meet or exceed the minimLm lot size. The average lot size in the proposed development is 4,781 square feet. The gross density of Canterbury Commons is 12.5 dwelling units per acre. Approximately 12.6% of the area being developed is being set aside for open space. The applicant is proposing to construct a clubhouse, pool, tot-lot, and pathway system on Lot 42, Block 1. The applicant is also proposing some open space on the townhouse common lots, Lot 1, Block 3 and Lot 14, Block 2. Staff is not supportive of the applicant's proposal. 1. Date of preliminary plat (attached in Exhibit A): 12/14/05 (revised 5/19/06) 2. Date of landscape plan (attached in Exhibit A): 10/19/05 3. Date of site plan (attached in Exhibit A): 10/10/OS h. Applicant's Statement/Justification: The City of Meridian's Master Plan for this site is mapped at a density up to 15 dwelling units per acre. The project that we are proposing has a Canterbury Commons Subdivision AZ-06-013/PP-06-011/CLTP-OS-006/PS-06-005NAR-06-0(!5 PAGE 3 CITY OF MER1DiAN PLANING DEPARTMENT STAFF REPORT FOR THE AR1NC DATE F O JULY 11, 2006 D.U. of 13 units to the acre with a total of 272 honnes and condominiums. The condominiums (4 plexes) will have stucco exteriors. There will be two different condominium building types and two different elevations for each type of condominium building equaling a total of four unique condominium elevations. The town houses will have siding exteriors. Various different colors, windows and bays will be incorporated into the town home designs to max;m;?:e variety in elevation. The covenants will be governed through formation of three separate propertylhomeowner associations. There will be two separate associations to govern the town houses and the condominiums. This project is designed to supply critical affordable housing to the many employees working for local azea businesses (see Applicant's Submittal Letter for more.} S. PROCESS FACTS a. The subject application will in fact constitute an annexation and zoning as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. c. The subject application will in fact constitute a conditional use as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. d. The subject application will in fact constitute a private street as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11, Chapter 5, a public hearing is required before the City Council on this matter. e. The subject application will in fact constitute a variance as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11, Chapter 5, a public hearing is required before the City Council on this matter. f. Newspaper notifications published on: February 27, 2006 and March 13, 2006 (far Planning & Zoning Commission), and June 19'~ and July 3'~, 2006 and August 14a' and August 28`s. 200b (for City Council hearings g. Radius notices mailed to properties within 300 feet on: February 22, 2UU6 (for Planning & Zoning Commission), and June 16~`, 2006 and August 11~. 2006 (for City Council hearingJs h. Applicant posted notice on site by: Apri110, 2006 (for Planning & Zoning Commission), and July 1 et, 2006 (for City Council hearing) 6. LAND USE a. Existing Land Use(s): There are three single-family residences along Pine Avenue. The existing homes and the outbuilding will be removed. b. Description of Character of Surrounding Area: Across Pine Avenue are the recently approved Lyndhurst Grove Subdivision and Sommersby Subdivision. These developments included future multi-family and single-family dwellings. To the west is higher density residential in The Courtyards at Ten Mile. To the east is asingle-family R-8 subdivision, Morning Glory. To the south are the railroad tracks and industrially zoned property. c. Adjacent Land Use and Zoning 1. North: Single-family homes, zoned R-4, Kelsie Park Subdivision; approved Canterbury Commons Subdivision AZ-06-013/PP-06-011/CUP-05-006/PS-06-UOSNAR-05-005 PAGE 4 CITY OF MERIDIAN pLAN~G DEPARTMENT STAFF REPORT FOR TIC I~-RING DATE OF JULY 11, 2006 Lyndhurst Grove Subdivision, zoned R-8; approved Sommersby Subdivision, zoned R-15 and L-O 2. West: Multi-family dwellings, zoned R-15, The Courtyards; Churcb, zoned L-O 3. South: Agricultural, zoned I-L 4. East: Single-family homes, zoned R-8, Morning Glory Subdivision No. 2 d. History of Previous Actions: None. e. Existing Constraints and Opportunities 1. Public Works Location of sewer. There aze existing mains in W. Pine Avenue that currently flow to the private Moshers Farm Lift Station. Location of water: There are existing water mains in W. Pine Avenue. Issues or concerns: 1.) Depending on the size of water services used, afive- foot setback from the sidewalk to the four plexes does not allow for enough room. 2.) Staff is concerned about the location of the joint utility trench. 2. Floodplain; N/A 3. Canals/Ditches Irrigation: The Ten Mile Drain traverses along the south side of this property and the Eight Mile Lateral bisects this property in the northeast corner. These waterways should be protected. All other open ditches or laterals that cross the subject site should be tiled in accordance with the UDC. 4. Hazards: Staff is not aware of any hazards associated with this property. 5. Proposed and Existing Zoning: These properties aze currently zoned RUT in Ada County. The applicant is proposing to zone all of the subject property to R-15 (Medium High-Density Residential). 6. Size of Property: 21.77 acres f. REVISED Subdivision Plat Information: 1. Residential Lots: 2. Non-residential Lots: 3. Total Building Lots: 4. Common Lots: 5. Other Lots: 0 6. Total Lots: 126 7. Gross Aensity: g. Landscaping 116 (49 multi-family lots and. 67 townhouse lots) 0 116 10 (9 common open space lots, and 1 private street lot) 12 units per acre (net 19 d.u.lacre) 1. Width of street buffer(s): A 20-foot wide street buffer is required along Pine Avenue, a collectar street (IJDC 11-2A-6). UDC 11-3B-7C2a requires all residential subdivision street buffers to be located on a common lot maintained by a home- owners association. Street buffers are not required adjacent to the other, internal Canterbury Commons Subdivision AZ-06-013/PP-OG-011/CUP-05-006/PS-06-0{15/VAR-06-005 PAGE 5 CITY OF MERIDIAN PL,~G DEPARTMENT STAFF REPORT FOR T~ NEARING DATE OF JULY 11, 2006 streets. 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: The applicant states that 19% (3.89 acres) of the site is being set aside for common open space. 4. Other landscaping standards: Landscaping adjacent to micro paths and pathways should comply with UDC 11-3B-12. h. Amenities: For multi-family developments with more than 100 units, the decision making body shall require additional amenities commensurate to the size of the development (LJllC 11-4-3.27D-2d). As a reference for multi-family developments with 75 units or more, 4 amenities aze required, with at least one from each category (Quality of Life, Open Space, and Recreation). The applicant is providing amenities as follows: 3,000 square-foot community club house and fitness facility (Quality of Life), property management office, maintenance storage area, development map/directory, pool (Recreation), tot-lots (Recreation), walking trails (Recreation), half basketball court (Recreation), picnic area (Quality of Life) and open space (Open Space). Off-Street Pazking: LJDC 11-3C-6.A requires townhouse dwellings with 2 or more bedrooms to have atwo-car garage and a 20' x 20' parking pad in front of each garage. UDC 11-3C-6A requires multi-family dwellings with 2 or more bedrooms to have atwo-car covered carport or garage for each unit. The submitted site layout does not propose any covered parking spaces for the multi-family (4 plea) dwellings and does not contain the necessary 20' x 20' pazking pad in front of all of the townhouse garages. The applicant should be required to comply with the off-strut parking requirements of the UDC. j. Conditional Use Information: 1. Non-residential square footage: 3,000 square feet (Community Clubhouse) & maintenance storage 2. Proposal building height: Varies; R-15 allows 40 feet 3. Percentage of site devoted to building coverage: 24% 4. Percentage of site devoted to landscaping: 31 5. Percentage of site devoted to paving: 4S% 6. Percentage of site devoted to other uses: 0% 7. Number of Residential units: 263 k Proposed and Required Residential Standards -- The applicant was originally requesting variances to some of the R-15 bulk standazds as found in UDC 11-2A. Specifically, the applicant was requesting a variance to the mind~znnum 2,400 square-foot lot size. The applicant was proposing to plat 42 of the 72 townhouse lots below the standard lot size (down to 1,900 square-feet). The revised preliminary plat depicts at least 2,400 square foot lots. The applicant was also requesting approval for an 11-foot rear setback variance for the townhouses in Block 3 (1 Z feet is the standard rear setback). Staff does not believe that there is any hardship that exists where granting the requested variances is warranted (please see Findings in Exhibit D). Further, the proposed development only depicts a 5-foot front setback for some of the 4 plea units. City Staff is concerned about providing joint utility services and easements to the 4 plea units with such a shallow setback (see Public Works Department comments). Staff continues to recommend that a 10-foot front setback to the 4 Alex units be provided so that joint trench and city water meters can. be instaIled and accessed near the units. Canterbury Commons Subdivision AZ-06-p13/PP-06-01 I/CUP-05-006/PS-06-OOSNAR-Ob-005 PAGE 6 CITY OF MERIDL4N PL~AG DEPARTMENT STAF'1: REPORT FOR THE~ARINC} DA TE OF JULY 11, 2006 R-15 Standards Setbacks (measured to sidewalk)Froposed Required Front Living Area (townhouse) 10 10 Front Living Area to street (4-plea) 5 p Front Accessed Garage (townhouse)20 20 Front Accessed Garage (4 Alex) NA 20 Street side (townhouse and 4 Alex) 10 10 Side (townhouse) 0 0 Side (4 Alex) 5 4 Rear (townhouse and 4-plex} 12 12 Frontage 0 0 Lot Size 2,400 2,400 Maximum building height 27 40 1. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The applicant is proposing one public street connection to Pine Avenue and one private street connection to Pine Avenue. The public street system provides access for the townhouse units and the private street system provides access for the 4-plex units. Both the private and public street connections to Pine Avenue align with existing public streets on the north side of Pine Avenue. The public and private streets are interconnected and provide a looping circulation system throughout the development. Please see Exhibit B for ACHD's comments and conditions regarding this development. 7. AGENCY COMIV~NTS MEETING On February 24, 2006, staffheld an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Meridian Police, Meridian Public Works Department, and the Sanitary Services Company. Staffhas included all comments and recommended actions as Conditions of Approval in Exhibit B. $. COMPREHENSIVE PLAN POLICIES AND GOALS The subject site is designated `Mixed Use -Community' on the Meridian Comprehensive Plan Future Land Use Map. According to the Comprehensive Plan, the purpose of this designation is to identify key areas which are either infill in nature or situated in highly visible or transitioning areas of the city where innovative and flexible design opportunities are encouraged. The following standards will seise as general guidelines for development in these Mixed Use areas: • All development within this designation will occur only under the Conditional Use Permit process, except the Mixed Use- Regional; • Where feasible, multi-family residential uses will be encouraged, esp~ially for projects with the potential to serve as employment destination centers and when the project is adjacent to State Highways 20-26 , 55 or 69; • Where mixed use developments are phased, a conceptual site plan for the entire mixed use area is encouraged with the development application or, depending on the scope of the development, prior to a formal development application being submitted; • Where the project is developed adjacent to low or medium density residential uses, a transitional use is encouraged. Canterbury Commons Subdivision AZ-06-013/PP-06-011/CUP-OS-006/PS-06-pOSNAR OCr005 PAGE 7 CITY Ol~ MERIDIAN P~G DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF JULY 11, 2006 Mixed Use -Community. The following standards will apply to this category: • Up to 25 acres ofnon-residential uses permitted within the Mixed Use --Community areas as shown on the Future Land Use Map. In Mixed Use -Community areas that are not Neighborhood Centers, over 25 acres ofnon-residential uses shall be permitted (through the CUP process). • Up to 200,000 sq. ft. ofnon-residential building area • Residential density of 3 to l5 units/acre Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): • Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) When the Gity established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner.• • The subject Bands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject dandy currently lie within the jurisdiction of the Ada County Sheriff "s Ojfice. Croce annexed the lands wild be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACFID). This service wild not change. • The subject lands are currently serviced by the Meridian School District #Z. This service wild not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services wild be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter VII, Goal N, Objective D, Action 2: Restrict curb cuts and access points on collectors and arterial streets. Pine Avenue is classified as a collector roadway in this area. The proposed access points to Pine Avenue should comply with ACtID's standards. • Chapter VII, Goal IV, Objective C, Action 1: Protect existing residential properties from incompatible land use development on adjacent parcels. This is an irrfild parcel with the properties adjacent to the subject site varying in density and housing type. North of the site are existing and proposed single family and multi family dwellings. East of the site is a single family subdivision. West of the site is a mixed-use development with multi family dwellings (attached duplexes). The subject project is denser Canterbury Commons Subdivision AZ-06-013JPP-06-01 l/CUP-OS-006/PS-06-005IVAR-06-005 PAGE 8 CITY OI~ MERIDIAN PG DEPARTMENT STAFF REPORT FOR THE ~RLNG DATE OF JULY 11, 2006 than any of the adjacent projects, but does provide a transition from the less dense Morning Glory Subdivision, with the townhouses to the proposed multi family. Although staff believes that attached single family and detached singlefamily are compatible land uses, staff believes that the lot sizes proposed along the eastern boundary should be increased to provide a better transition in lot size. • Chapter V, Goal 1, Objective A, Action 11: Hmprove and protect creeks (Five Mile, Eight Mile, Nine Mile, Ten Mile, South Slough, and Jackson and Evans drainages) throughout commercial, industrial and residential areas. The Eight Mile Lateral and the Tern Mile Drain course through or adjacent to this site. Staff believes that the Eight Mile and the Ten Mile should be protected and enhanced by leaving them open and constructing a pathway adjacent to the Eight Mile (see Exhibit B). • Chapter VII, Goal IV, Objective D, Action 5: Require appropriate landscape and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.). The applicant is proposing to construct a 20-foot wide landscape buffer adjacent to Pine Avenue. By ordinance, the Pine Avenue landscape buffer is required in a common lot, • Chapter VI, Goal II, Objective A, Action 3 : Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land-use decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Staff `' believes that the subject applications generally comply with the policies listed in the literature noted above. • Chapter VI, Goal II, Objective A, Action 6: Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The adjacent projects have not provided opportunities for the subject site to provide vehicular connectivity (no stub streets). The applicant is proposing a loop street system within this development. Two new connections to Pine Avenue are proposed. • Chapter VI, Goal II, Objective A, Action 5: Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. The adjacent projects have not provided opportunities for pedestrian connections with this property. The applicant is proposing to construct S foot wide attached sidewalks adjacent to the internal streets (private and public). The applicant is also proposing to construct an inter-aal pathway system. To enhance the community pathway system, staff recommends that a pathway 8e provided through Lot 9, Block 2, connecting the sidewalk on Dayton Drive with the sidewalk on Pine Avenue. Stafffurther recommends that Lot 29, Block 1, 8e designated as a common lot and a pathway be constructed through this lot. • Chapter VII, Goal IV, Objective C, Action 6: Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity. Canterbury Commons Subdivision Az-06-013/PP-O6-011/CUP-OS-006/PS-0B-0OS/VAR-06-005 PAGE 9 CITY OF MERIDIAN PLAG DEPARTMENT STAFF REPORT FOR THE 1~RING DATE OF JULY 11, 2006 See analysis above. • Chapter VII, Goal I, Objective D, Action 9: Require new residential development to provide permanent perimeter fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties, Prior to construction of any buildings, fencing should be constructed around the perimeter of this site. Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's zoning and development request is appropriate for this property. 9. UNIFIED DEVELOPMENT CODE a_ Allowed Uses in the Residential Districts: UDC Table 11-2A-21ists multifamily development uses as conditional uses in the R 1S zoning district; townhouses are principally permitted in the R 15 zone. b. Purpose Statement of Zone: MEDIUM-HIGH DENSITY RESIDENTIAL DISTRICT (R-15) The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. Residential laud uses aze also allowed within the O-T, TN-C, and TN-R districts as set forth in Chapter 3 Article D. c. Multifamily Development (LIDC 11 ~-3.27) The following standards shall apply for the multifamily units, including standards for Site Design, Common Open Space, Site Amenities, Architectural Character, Landscaping, and Maintenance. Site design (UDC 11-4-3 27BZ A minimum of SO square feet of private, usable open space shall be provided for each unit. This requirement can be satisfied through porches, patios, decks, and/or enclosed yards. Landscaping, entryway and other access ways shall not count toward this requirement. For the purposes of this Section, vehicular circulation areas, parking azeas, and private useable open space shall not be considered common open space. The parking shall meet the requirements set forth in Chapter 3 of this Title. Developments with 20 units or more shall provide the following, a property management office, a maintenance storage area, a central mailbox location, a directory and map of the development at an entrance or convenient location for those entering the development. Common open space desi requirem (UDC 11-4 3 27C1• A minirnLm area of outdoor common open space shall be provided as follows: a)150 squaze feet for each unit containing 500 or less square feet of living area; b) 250 square feet for each unit containing more than 500 square feet and up to 1,200 square feet of living area; and c) 350 square feet for each unit containing more than 1,200 square feet of living area. Common open space areas shall not be adjacent to collector or arterial streets unless separated Canterbury Commons Subdivision AZ-06-013/PP-06-011/CtJP-05-006/PS-06-OOSNAR-06-005 PAGE 10 CITY OF MERIDL4N PLAG DEPARTMENT STAFF REPORT FOR THE G DATE OF JULY 11, 2006 from the street by a constructed barrier at least 4 feet in height. Site development amenities (UDC 11-4-3.27D): All multifamily developments shall provide for quality of life, open space and recreation amenities to met the particular needs of the residents as follows: a) Quality of Life (clubhouse, fitness facility, enclosed bike storage, and public are such as a statue); b) Open Space (open grassy azea of at least 50 by 100 feet in size, community gazden, ponds or water features, and plazas); and c) Recreation (pool, walking trails, children's play structures, and sports courts). The number of amenities shall depend on the size of the multifamily development as follows: For multifamily developments with 75 units or more, 4 amenities shall be provided, with at least 1 from each category. For multifamily developments with more than 100 units, the decision-making body shall require additional amenities commensurate to the size of the proposed development. Architechiral Character (UDC 11-43.27.E): All building elevations shall have a minimum portion of the elevation devoted to acchitectural features designed to provide articulation and variety. These features shall include, but are nat limited to windows, bays and offsetting walls that extend at least two feet; recessed entrances; and changes in material types. Changes in material types sha11 have a minirrnyrn dimension of two feet and minimum area of 25 square feet. Main entrances, which are the primary point(s) of entry where the majority of building users will enter and leave, shall be designed as an obvious entrance and focal point of the building through architectural treatment, lighting, and address identification. Entrances shall be adequately covered, recessed, or treated with a permanent architectural feature in such a way that weather protection is provided. Roof forms shall be distinctive and include variety and detail when viewed from the street. Sloped roofs shall have a significant pitch. Flat roofs should include distinctive cornice treatments. Exterior building materials and finishes shall convey an impression of permanence and durability. Materials such as masonry, stone, stucco, wood, terra cotta, and file are encouraged. Windows are required to allow views to exterior activity areas or vistas. Windows shall be provided on any building facing any common area used for children's recreation. All roof and wall-mounted mechanical, electrical, communications, and service equipment should be screened from public view from the adjacent public streets and properties by the use of parapets, walls, fences, enclosures, or by other suitable means. Landscaping_(UDC 11-4-3.27.F1: Development shall meet the minimum landscaping requirements in accord with Chapter 3 of this Title. Canterbury Commons Subdivision AZ-06-013/PP-06-011/CUP-OS-006/PS-06-005/VAR-06-005 PAGE 11 CITY OF MERIDIAN PLAN~G DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF JULY l 1, 2006 All street-facing elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following minimum standards: The landscaped area. shall be at least three feet wide; for every three lineal feet of foundation, an evergreen shrub having a minimum mature height of twenty-four inches shall be planted; and groundcover plants shall be planted in the remainder of the landscaped area UDC 11-4-3.27.G: All multifamily developments shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including but not limited to structures, parking, common areas, and other development features. Outdoor storage/refuse areas (UDC 11-3A-12Z Outdoor utility meters, HVAC equipment, trash dumpsters, trash compaction and other service functions shall be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. 10. ANALYSIS .Analysis Leading to Staff Recommendation As submitted, the subject applications appear to substantially comply with the Unified Development Code and the Comprehensive Plan. In each section below, staff has provided analysis regarding the proposed development. 1. AZ Application: Based on the policies and goals contained in the Comprehensive Plan staff believes that this is a good location for a higher density development and the proposed R-15 zoning. Please see Exhzbit D for detailed analysis of the required facts and findings for a Zoning Amendment. The annexation legal description submitted with the application (stamped on 12/1/2005 by Walter L. Neitz, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. UDC 11-SB-3D2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Staff believes that a DA is necessary to ensure that this property is developed in a fashion that is consistent with the comprehensive plaA designations and does not negatively impact nearby properties. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner(s) (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate this process Staff recommends that the Commission and Cou~il direct the City's Legal Department to draft a development agreement for Canterbury Commons Subdivision as follows: 1. That all future development shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general .welfare by reason of excessive Canterbury Commons Subdivision AZ-0b-013/PP-0b-OI l/CUP-OS-006/PS-Ob-OOSNAR-06-005 PAGE 12 CITY OF MERIDIAN PL~~G DEPARTMENT STAFF REPORT FO[t THE ~ARING DATE OF JULY l 1, 2006 production of traffic, noise, smoke, fumes, glare or odors. 2. That all future development of the subject property shall be consistent with the applicant's approved preliminary plat and site plan unless otherwise modified by other provisions of the DA, or in the fiiture by the City Council. 3. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. 4. That the future uses and lots on this site shall conform to the District Regulations contained in the Unified Development Code (UDC), in effect at the time of development. 5. That the applicant will be responsible for all costs associated with the sewer and water service extension. 6. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used fornon-domestic purposes such as landscape irrigalaon. 7. That prior to issuance of any building permit, the subject property be subdivided (a recorded final plat) in accordance with the City of Meridian Unified Development Code. 8. That all landscape street buffers and land use buffers will be constructed in accordance with the UDC provisions in effect at the time of development. 9. That the applicant agrees to provide amenities on this site as depicted on the revised preliminary plat dated May 19, 2006. 10. That no more than 116 buildable lots and 263 dwelling units may be constructed on this site. 11. That the applicant agrees to condo all of the proposed 4-plezes That said condo Mat(s) shall be completed prior to occupaacv of anv of the units. 12. The applicant shell be required to provide an easement for a future public bns pnll ont/bns stop alone Pine Avenue. 13. The specific design criteria d elevations presented by the applicant attdsliscassed during the City Council meetings shall be included within the development agreement for this site. 2. PP/CUP/PS Applications: lzaa~.dscaping The landscape plan prepared by Jensen Belts, stamped revised on 5-25- 06, should substantially comply with the UDC if the following modifications/notes are made: • Provide a 20-foot wide landscape buffer along Pine Avenue that is in a separate common lot. The landscape buffer along Pine Avenue shall be designed in accordance with UDC 11-3B-7. • Match the location and design of the clubhouse, pool and tot-lot areas with the preliminary plat. • Provide landscaping in compliance with UDC 11-3B-12, adjacent to the micro-paths. • All areas approved as open space shall be free of wet pomds 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. Xf the Canterbury Commons Subdivision AZ-06-013/PP-06-01 I/CUP-OS-006/PS-06-OOSNAR-06-005 PAGE 13 CITY OF MERIDIAN PLA1~G DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF JULY 11, 2006 stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3B-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. • A written certificate of completion shall be prepazed by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Council signature of the Final Plat. All standards of installation shall apply as listed in UDC 11-3B-14. Submit 10 full size copies and one 8.5" x 11" copy of the revised landscape plan, reflecting the changes/notes mentioned above, to the Planning Department at least 10 days prior to the next public hearing. On May 25`~ Planning Staff received a revised landscape plan from Jensen Belts. This landscape plan is not stamped with a revision date, but does reflect the changes mentioned within the Staff Report. A landscape plan dated June 26u'. 2006 has been submitted. Multi-family Standards: The UDC has several specific standazds that apply to multi- family developments (See UDC Section 9 above for a complete list.) These standards apply to Site Design, Common Open Space, Site Amenities, Architectural Character, Landscaping, and, Mairrtenance. The applicant should be required to comply with all standards listed in UDC 11-4-3.27. Private Useable Open Space: UDG 11-4-3.27B requires a m,nimum of 80 square feet of private, usable open space shall be provided for each unit. This requirement cau be satisfied through porches, patios, decks, and/or enclosed yards. Landscaping, entryway and other access ways shall not count toward this requirement. Pazlang: UDC 11-3C-6.A requires townhouse dwellings with 2 or more bedrooms to have atwo-car garage and a 20' x 20' parking pad in front of each garage. UDC 11- 3C-6A requires multi-family dwellings with 2 or more bedrooms to have atwo-car covered carport or garage for each unit. The submitted site layout still does not propose any covered parking spaces for the multi-family (4 Alex) dwellings. All townhouse dwellings should contain the necessary 20' x 20' pazking pad in front of the garage. The applicant should be required to comply with the off-street parking requirements of the UDC. This concert has been addressed with the revised plans. Amenities: The applicant is required to pmvide amenities for the multifamily development. For multi-family developments with more than 100 units, the decision making body shall require additional amenities commensurate to the size of the development (iJDC 11-4-3.27D-2d). As a reference, the UDC rewires multi-family developments containing 75 units or more to provide 4 amenities, with at least one from each category (Quality of Life, Open Space, and Recreation). The applicant is providing amenities as follows: 3,000 square-foot community club house and fitness facility (Quality of Life), property management office, maintenance storage area, development map/directory, pool (Recreation), tot-lots, half basketball court (Recreation), walking trails (Recreation), picnic tables (Quality of Life), and open space (Open Space). Staff recommends that the Commission and Council determine if the proposed amenities aze sufficient for a development of this size. Elevations: The applicant has submitted building elevations for the proposed 4 Alex structures (see Exhibit A). UDC 11-4.3 requires multifamily structures to comply with Canterbury Commons Subdivision AZ-06-013/PP-06-O11/CIJP-OS-006/FS-06-005/VAR 06-005 PAGE 14 CITY OF MERIDIAN P~G DEPARTMENT STAFF REPORT FOR THEG DATE OF JULY 11, 2006 the design standards listed in this section. Staff believes that the elevations submitted with the CUP significantly meet the requirements of the design standards listed in UDC 11-3A-19. Staffwill ensure that when CZC applications are submitted for construction of the 4-plex buildings in the future, that the elevations comply with the UDC requirements. Internal Pedestrian Paths: To allow for the pedestrian pathways in this development to flow better, staff is recommending that additional legs to the system be added through Lot 29, Block 1, Lot 9, Block 2, and Lot 1, Block 3. The micro paths/pathways shall be constructed in accordance with UDC 11-3A-8 (construction) and UDC 11-3B (landscaping). These pathways have been depicted on the revised plat. Furthex, the applicant is showing a pathway along the Ten Mile Stub Drain. The proposed pathway along the Ten Mile Stub Drain is within the adjacent buildable lots, and not on a common lot. Ideally this pathway should be in a common lot. However, if the Commission believes that access to said pathway for all of the 4plex lots can be allowed as shown, either a note on the face of the final plat, or in a document such as CCR's should be provided by the applicant. Further, this pathway dead-ends at the south end of the property, making access to the pathway difficult for most of the future residents of this development. Staff recommends that an additional leg of the pathway be provided through Lot 26, Block 1, that connects with the sidewallc on Lot 6, Black 1. The additional an thway leg has been shown on the revised plans In 1996, COMPASS adopted the pathway recommendations laid out in the Ridge-to- Rivers Pathway Plan (1996). The goals of the plan include developing a bikeway and pathway system that encourages non-motorized transportation and enhances recreational opportunities. The Union Pacific Railroad corridor abutting the south property line is shown as a proposed multi use pathway in Figure VI-3 (Off-Street Multiple-Use Pathways) in the adopted Comprehensive Plan. in the past, the City has not required the construction of a pathway within the Union Pacific Railroad corridor, but has required developers that abut the future pathway to provide a minimum of 5-feet of landscaping. Consistent with previous Council action, the applicant should not be required to construct amulti--use pathway adjacent to the southern boundary, but should be required to provide a ~oo~inimum of 5-feet of landscaping along the south property line. At a minimum, the applicant should be required to plant trees in accordance with MCC (1 tree per every 35-lineal feet) on the south side of the buildings adjacent to the south property line. Eight Mile Lateral and Ten Mile Drain: The Eight Mile Lateral and the Ten Mile Drain course through or are adjacent to this site. Staffbelieves that the Eight Mile and the Ten Mile should be protected and enhanced by leaving them open and constructing pathways adjacent to them. The applicant is proposing to construct chain link fencing adjacent to the Eight Mile Lateral, between the pathway and the lateral, and solid fencing along the Ten Mile Stub Drain. UDC 11-3A-6B3 requires open ditches, laterals, canals, and drains to be fenced with achain-link fence (see Fencing below). ResidencesBuildings: The site currently contains multiple buildings. Because the existing structures span across proposed lot lines, all buildings shall be removed or relocated, prior to signature of the final plat by the City Engineer. Multi-family Setbacks: The UDC does not have a specific setback between internal Canterbury Commons Subdivision AZ-06-013/PP-06-011/CiJP-05-006/PS-06-(WSNAR-06-005 PAGE 15 CITY OF MERIDIAN PLA1~G DEPARTMBN7 STAFF REPORT FOR TI~~ARING DATE OF JULY 11, 2006 multi-family units. However, there may be a problem with not providing a fu1110-foot front setback to the 4 plea uzaits; utilities may need a wider easement. Depending on the size of water services used, a setback from the sidewalk of less than 10 feet to the four-plexes (which is being proposed for several of the units) does not allow for enough room for water meters and joint utility service lines. Staff is still concerned about the proposed substandard joint utility trench area, and requests that the applicant provide a full 10-foot wide setback between the 4plexes and the adjacent sidewallc. Coordination and approval by joint trench and the Public Works Department should be required for any setbacks less than 10 feet. On June 27, 2006. Jim Jvhustone from Idaho Power Company submitted a letter reg d~~' a the 7-foot wide utility easement The letter states that Idaho Power has granted similar requests in the past However because this request is for an easement that is outside of the normal width, Idaho Power would like to view a copy of the prelimi~rv vlat before giving the formal ok to proceed (see Exhibit B for more comments from Idaho Power Campan~ Refuse Areas: The Sanitary Services Company {SSC) has commented that the proposed dumpster locations may not be adequately designed. Further, none of the submitted plans call-out how or if the refuse areas will be screened from the street. UDC 11-3A-12 requires the visual and acoustic impacts of these functions aze fully contained and out of view from adjacent properties and public streets. The revised preliminary plat has new dumpster locations and design proposed. Pine Avenue Street Buffer: A 20-foot wide street buffer is required along Pine Avenue, a collector street (LJDC 11-2A-6). UDC 11-3B-7C2a requires all residential subdivision street buffers to be located on a common lot maintained by a home- owners association. Stmt buffers are not required adjacent to the other, internal streets. The submitted plans should be revised by placing the 20-foot wide street buffer for Pine Avenue within a common lot. The revised preliminary plat depicts the required street buffer along Pine Avenue within a common lot. Open Space: Open space is defined as an area substantially open to the sky that may be on the same property with a structure. The atoms may include, along with the natural environment features, pazks, playgrounds, trees, water azeas, swimming pools, tennis courts, community centers or other recreational facilities. The term shall not include streets, parking azeas, or structures of habitation (UDC 11-1A). UDC 11-4- 3.27C requires a m;nim~m area of outdoor common open space shall be provided as follows: a)150 square feet for each unit containing 500 or less square feet of living area; b) 250 square feet for each unit cantainning more than 500 square feet and up to 1,200 square feet of living area; and c) 350 square feet for each unit containing more than 1,200 square feet of living area. Common open space areas shall not be adjacent to collector ar arterial streets unless separated from the street by a constructed barrier at least 4 feet in height. The applicant states that 19% (3.89 acres) of the site is being set aside for common open space. Vehicular circulation areas, parking areas, and private useable open space shall not be considered common open space. Maintenance of all common areas shall be the responsibility of the Canterbury Commons Home Owners' Association(s). The revised preliminary plat does show revised calculations for open space. Open space has been added to the northwest canner or the site, as well as the southeast comer of the site. Some smaller open space areas have also been added internally. Staff believes that the open space proposed complies with the UDC. Canterbury Commons Subdivision AZ-06-013/PP-06-011/Ci1P-05-006/PS-06-OOSNAR 06-005 PAGE 16 CITY OF MERIDIAN PLAI~G DEPARTMENT STAFF REPQRT FOR THE~WG DATE OF NLY 11, 2006 F cin :The applicatrt has proposed a 6-foot tall solid fence along the west, south and east boundaries of the development. Adjacent to the Eight Mile Lateral achain-link fence is proposed. Chain-link fencing should be installed along both the Ten Mile Stub Drain and Eight Mile Lateral. A detailed fencing plan should be submitted upon application of the final plat. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro path fencing shall be designed according to UDC 11-3A-7. Pressure Irri tion: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to use any existitxg surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A- 15 and MCC 9-1-28. Private Str :The applicant is proposing to use private streets to provide access to Pine Avenue. The applicant has submitted a Private Street application as required by UDC 11-3F-3. The private street standazds are listed in UDC l l -3F. Staff is generally supportive of private streets for multi-family developments. This project is no exception. However, staff has some concerns with the layout of the private streets, as they do not provide an efficient pedestrian and vehicular street system. There are several of the proposed multi-fammily units that are double-fronted, or sandwiched, between a public street and a private street. This is not an efficient site layout. The applicant should design and construct the private streets in compliance with the standards listed for Private Streets in UDC 11-3F and as mentioned in the Staff Report. Please see Exhibit D below for the required findings for private streets. The gpplicant has submitted elevations for but has not re-designed the project so there are not double fronted 4plex units. Parkin area on west d of Lot 5 Block 1: Originally, the pazking area on the northwest side of the development exceeded the maximum 150-feet length allowed by the Fire Department. The length of Lot 5, Block 1, (revised as Lot 6, Block 1) has been shortened on the revised preliminary plat. Site La otxtlDensi :The revised preliminary plat shows 263 dwelling units where 272 units were originally proposed _As noted in the Comprehensive Plan Policies and Goals Section, this area is designated mixed use. This designation anticipates higher densities in this area. However, staff believes that there aze some design problems with the way the development is currently laid out. Lot 29, Block 1, sticks out into the private street drive lanes and prohibits pedesriians and vehicles from efficiently maneuvering in the development. Staff recommends that this lot become a common lot. On the revised preliminary plat, the pathway that was shown on the back side of the townhouses in Block 3, has been removed. Staff is supportive of this, as pedestrians can use the nearby sidewalk. However, Lot 29, Block 1 and the design of the private street drive lanes have not been amended. Canterbury Commons Subdivision AZ-Ob-013/PP-06-01 l/CUP-05-006/PS-06-005/VAR 06-005 PAGE 17 CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF JULY ] 1 2006 Staff is also concerned about the street system proposed. There is a full block of 4- plex units that have frontage on both the public street and the private street. This design is not efficient for services and is not desirable for future tenants and they will be sandwiched between two streets. Further, there is no variation in buildings or setbacks in this area; all of the units have the same street setbacks. The revised preliminaiy,nlat does show a variation of building setbacks, but does not address the double fronts eg lot issue. Staff believes that the applicant has substantially complied with the changes requested and staff is recommending approval of the revised site plan/preliminary plat with the conditions listed in Exhibit B. 3. VAR Application: Withdrawn by Amplicant ou June 6.2006. ~ChC"'tVrEr~C-~17 -t~ ~ • A~f l aL '77 ~ i ~',r°P~am~rp°nar-rz vxZaa~-rs-ro'Fi~Hzi 1 ~ va~v-zvc3 ! ~APA ~LT~~a G° ~0 GG'~ II c G~ 7 ' , L~~.141, ,,.,.C~ ~ El~~{FEJlte~~ 8~p i~ r 4L~n 11 ! , ~ . ~ ~P~' f ~~~, ,~~~~ 4L FL 4 L ~.eso..l.n. ~ , a ~. -L *L.. iTT~!'~ man .i - ~ n...~ 1. ' a C i~' C ~ r ~ ~ L m 6 i pG~G -yi rt GSOs~ ~~eF, _ ` L ~ ova `ev-oc~ : -ii ~'idr~o ~ "x ~ F ,~ v~ vua Staff Recommendation: Based on the facts provided in this report, staff recommends approval of File Numbers AZ-06-013, PP-06-011, CUP-06-006, and PS-06-005.On. June 1 2006 the Meridian Planning & Zonine Commission voted to recommend approval. of the subject a~lications. On Seatember 12. 2006 the City ~o~eil voted to approve the snbiect aAD~iCatlOIIB. 11. EDITS A. Drawings 1. Preliminary Plat (dated: 12-14-05 Revised 6-30-061 Canterbury Crnnmons Subdivision AZ-06-013/PP-06-011/CUP-OS-006/PS-06-OOSNAR-06-005 PAGE 18 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF JULY ] 1, 2006 2. Landscape Plan (dated: 10-19-05 I~-~~F~ t,,,- , = ~ ~ a «. ~» ~ .,~ L Revised 6 26-06 3. Site Plan (dated: 10-10-OS) 4. Elevations B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Depaztment 4. Police Department 5. Pazks Department 6. Sanitary Service Company 7. Ada County Highway District S. Central District Health Department 9. Idaho Power Company C. Legal Descriptions D. Required Findings from Unified Development Code Canterbury Commons Subdivision AZ-06-013/PP-O6-011/CUP-OS-006/PS-06-005/VAR-06-005 PAGE 19 CITY OF MERIDIAN PLA• G DEPARTMENT STAFF REPORT FOR ~ARIN G DATE OF JL7LY 11, 2006 A. Drawings 1. Preliminary Plat (dated: 12-14-05 Revised 6-30-061 .. ; .. , •r• a , +aiq uaa rava•a<Inr .r:u;rrrwms ~om~~,:ar, ..._ ~ ~~^ haiw~ s4..ll . ':>_' g .. 1 ~ ~j j a tr ~ ~ ~ ~ ,~ ~• ~ ~ ~~ 1: X72 ;fie„ 'y,. T~'~I. ~1 e k.. ,^ ,hew ` ~5 ~~, ^ ~' F ~ r: ~.~ C ~ M .• i R S~ Yi ~~~~ ~B Y ~fi~ - -. ~ ~ ~ ~ _ k •I ~ ,, ~ g ..'ter t~-.°„ ~ ~ ~~ ~~ ~~ ,E:°~S' ~9~ ~~ . ~ ~Q~~ ~ aren't, rte. ~~ ei •~~ apa° ~ ,f ~:•,. s ~~~ ~,. -+g, ~ E~ iso P_~~ •^a_ _.i •h s. .iRI ~`w~: `I ~ . r~~' : it • ~ •,,~ ~i .i. .~~~ e y. ~I• 1~ y I Y ~j ~" i~ '~ ; " ~ `, ~ .t ~.:' , Cy aag Y 7 l i s R ~i:w8+-6i •~: fH •? ~dsd R a .~ ' F rg'~ ~~~a'~4R9~:e~.~~$oN3~8~~ .' ~ ' ~ M '"'i ~ ~t ~ . ~ H'Ri3.•o 't ~~_ .... .. .r ~ i r ~ .; r '~ ttar r, la- et v~ . , ~i~$i~dEy;~~t..1°C. ~~ !: r. £~ ~ IE W •~~~ •- '.6 ~:71 . N. ea , . + ava ~ 111:1 ~ M -- ~g~~ ~g~'~~~ ~ a~ 3 :~ ~5 ~,1., ~~ .~r ~~ b:4~~uw Sj~ ~r_ `~4 ~" v°s F.actxibit A -Page 1 CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR TliE~ARING DATE OF JULY 11, 200b 2. Landscape Plan (dated 14-19-OS evised, ~~ ~'~ ~ !~~ ~ ° ~ ~~ +. ~~ ya .r ~~ .~~iF y ~ ~~~~ `~ d ~ >+ ~~>P ~_ . ~ tq~ fmc'c `` ~.S^ x•71 ~.y' ^i:;' ., , Y r,., 1~~' i ,,. d h' ~ "~i rri ~ .' y I ~ t ~~ ~. i.. ~~ ~ . J ~c at.~ ~ ~ f u s ~ ~d ~. _ i a} s 1 ~~ ~;;It35~ EI~'?$fce ggp t 6,84t~ c as I~ RL.~ .34 a~rs~}'iat ... ~''~d~rarF~R~<}.~y I ~ ~ ~ f i 8; ~~ it > ~g ~r?Le1"' dfa} €Fg a,.~ ~f ~ ~y. reR~~4L4~ ~~=~s 4 ~~, ~$,~'d;r~r.~SR9~: ~_ `~ ~~ !i t ~ :r,6°~ > Ig'tltj.z I'p 5y,.~''•:~m0::s:s u' ~? ~ ~ z i h T Jt' ~, ~ e t~ .~~ 6r ~t~ ~ ` ~ .~' -~g$F Rp~ 4~~~ ~~(y yY~Y:•T+T is sst t N, '~ ;,a r~ ~ ~ 9,'7~~ ~g_~£CR ~~~zpp ~ r hP''~ Te$ i• ~ %~ tE S! ,,,fir : G V,x Exhibit A -Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE ~ G DATE OF JULY 11, 2006 3. Site Plan - (dated 10-10-05 NOT APPROVED) oHVa t r wed - wrro: ". {~~~~~ I.~ ._ ~ ; (, i9 I I' '``. y 0 ~~ ~ ~ F~1 ~, ~•~ iii • _ ~ ~ l~ I, L ~i 4I k:' (~ I ~~ a j15K tl~~ ~~l '` ~; l ;~ }~y~' ~ ..... ExhiMt A -Page 3 I ~ -+o.iw•wr ;~;. 0 a ~.. ~~~~ ~' .~~ ~ W ,~ i f `.~ ~ 4~'~ ~ i ~ r H6,y /~~ ~ ~ ~ ~ ..~ ~'}~ W ~ Q. J ~ ~xv Q ~W< ~. t~~ ~~ ~ z = Z. - .._~. •, CITY OF MERIDIAN PLANNING D);PARTMENT STAFF REPORT FORT • HEARING DATE OF JULY 11, 20Q6 4. Elevations ~ +, ®O y f !b~ 5 ~~ ~B T C .~ ~K Vic] ; pJ ~ ~v~ „+ ~ t e~. ~i `~ i , „E • ' .tip ' ~, '~' ~ ~ r ~ "' ~ I T4~ ~ Exhibit A -Page 4 CITY OF MERIDIAN PLA~G AEPARTMENT STAFF REPORT FOR TI~HEARING DATI; OF JULY 11 20 06 ' t~tMLOa '~~ - i~ 1~~~~'~~ .~ d i ~ .T~-~ t i~'~ , ~ ~~ i{$d aR i9 ,6,iyc e a ~ N ! ~~. ~~ ~~~ 8~ f.;lde~tl,~?I(~..~a ~~~ is ~ 3 ~ =_<~ ~.•~ ;rers a z :~ :; :mss aS.;. A~ °~ ~ ~a r, ~4~~8^~:~, ~ t 8 ~ni a ~~.~: -,-.-. ~~ ~r:=- =~ !~~,1 gyp, t ;~~ ' ~ L ii I ;•' E i ~r.~' I S , ~g ~' 1 aZ ~~ T _rW ~ ~F .~ yi f €€#fff ~- • -' W ~< '' .~ i . i ~. t ~~' a -- ~ii d: ~'~ `+p ... j~ . t I ~*j ~ •• ~~4~ .f'~s~ ~¢i ~~ J Exhibit A -Page 5 CITY OF MER1D[AN PLANNING DEPARTMENT STAFF REPORT FOR THE lNG DATE OF JULY 11, 2006 L Ik.~ ~ ~~ f ~6 1 ~ ~~ I ~~ ~ ~ 9~ 1 ~~ i~f- - -~ ~ :, ~ Im~oa'µ ~ ~~~ ,~ ~ e ~...y P - r ,~ -=:_. ~+i ~ ~- ,~ ~"°~ _II ~ ....~ , I I ~~ ~` ~ i~ ~= I 1 f ~e ~~~ye ~a 7~ f ~• Ri W a ~ {t ~~ ~~~ ~ ~--~. 1= ~- ~i e I ,' p ~' f~ a, F ~I~ ~- d.' ~' s~ ;~ ~~~~ ~~~y~~ ~ 4i ~.:iuVl ~_ i~ a ~ . A~~k " P~ i + ~ i a p-t~~ 4 ~`~°~ •~~ ~~¢ ~.A~ t~~~~g ~!t ~..`~" ~ ~' t 'P G~ J FJChibit A -Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR ARING DATE OF JTJLY 11, 2006 ., +.w ;~ i re~e~ a f ~:_ r~ ~l ,r ,p ..ti ~ , ~~ ~~~. ~.~ ~~ ~ ~ ..~ ,~, ~-. x=1 ~ '~ a ~''' I .. ~: I ~,Vi9 •~ :f~ ~ i i~ I~ ~L _~:=~~` -~ _ - ~~ ~ =~ 4-: ~ ~ f ~~ S 4 CV ., ~~ ,~ ~~ ,~~~,,r ~.~ 1~., ~ .~ ~ e S i '~'~~~!~ ~~~ a '~ ~ ~ :Ls w f & 8~ ~ ~ ~ypi,~~IP i ~ ii'~ ; e pp~pilji~ WPpgltq~ 4`~y~~ts:~~ P~O~e~l(~~f~19t~1 Yd9a iiLL 'S Sh'V.l' ~%V'u L1 c3:~4 gg~~F 9~ ~, ~s Exhibit A -Page 7 CITY OF MERIDIAN PG DEPARTMENT STAFF REPQRT FOR T`H(f~ARING DATE OF JULY 11, 2006 ~i th Exhibit A -Page 8 C1TY OF MERIDIAN PLAG DEPARTMENT STAFF REPORT FOR TH~ARING DATE OF JULY 11, 2006 Exlv'bit A -Page 9 CITY OF MERIDIAN PLANING DEPARTMENT STAFF REPORT FOR THE~ARING RATE OF JULY l 1, 2006 a 2~~ ~~Y jj ~ 1>: ~ ,~ ~a,+~~.I~t~la ,~ ~? t• T 'I ~F Exhibit A -Page 10 ~ `I' ~ ~, .y r7•i, Y. E _. .... CITY OF MERIDIAN PLG DEPARTMENT STAFF REPORT FOR TCiE G DATE OF JULY 11, 2006 B. Conditions of Approval 1. Planning Department Annexation and Zoning Comment -There will be a requirement for a Development A~ ent on this site. Details of said Development Agreement are found in Section 10 of the StaffReport 1.1 SITE SPECIFIC 12EQUIREMENTS-PRFT.TMiNpRy pLAT (PP-06-011) 1.1.1 The preliminary plat/site plan labeled Sheet P1, prepared by Treasure Valley Engineers, dated May 19, 2006, is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation (AZ-06-013) and Gonditional Use Permit (CUP-06-006) shall also be considered conditions of the Preliminary Plat (PP-06-011). 1.1.2 The landscape plan prepared by Jensen Belts, revised an 5-25-06, is approved with the following modifications/notes: • Provide a 20-foot wide landscape buffer along Pine Avenue that is in a separate common lot. The landscape buffer along Pine Avenue shall be designed in accordance with UDC 11-3B-7. • Match the location and design of the clubhouse, pool, basketball court, tot-lots, and picnic areas with the preliminary plat. • Provide landscaping in cc-mpliance with UDC 11-38-12, adjacent to the micro-paths. • Provide a minimum 5-foot wide landscape buffer and trees along the southern boundary of the development. • All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11-3B-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non- vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B-11. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UbC 11-3B-11, then the applicant shall relocate the facility. This znay require losing a developable lot or developable area. • A written certificate of completion shall be prepared by the landscape architect, designer, or quali5ed nurseryman responsible for the landscape plan and submitted prior to City Council signature of the Final Plat. All standards of installation shall apply as listed in UDC 11-3$- 14. The applicant shall submit revised landscape plans with the final plat application(s). 1.1.3 Provide private streets within the 4 Alex portion of this development. Said private streets shall comply with the standards listed for Private Streets in UDC 11-3F. Provide a cross parlcing/cross access easement for all of the lots in Block 1 to use common Lot 6 (private streets) as access to Fine Avenue. Prior to the signature of the final plat by the City Engineer, provide a copy of a recorded cross-access/ingress-egress and parking maintenance agreement for Lot E. 1.1.4 Prior to signature of the final plat by the City Engineer, all buildings shall be removed or relocated., prior to signature of the final plat by the City Engineer. Exhibit B -Page 1 CITY OF MERIDIAN PG DEPARTMPNT STAFF REPORT FOR T~G DATE OF JULY 11, 2006 1.1.5 Provide solid fencing slang the south and east sides of the project. Provide chain-link fencing along the Eight Mile Lateral and the Ten Mile Stub Drain_ Perimeter, common open space, and micro-path fencing shall be designed according to UDC 11-3A-7. 1.1.6 Maintenance of all common areas shall be the responsibility of the Canterbury Commons Subdivision Homeowners' Association, 1.1.7 All imgation ditches, laterals or canals, exclusive of natural waterways (Ten Mile Stub Drain and Eight Mile Lateral), intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 12-4.13, unless otherwise approved by the Irrigation District(s). Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written appraval or non-approval submitted to the Public Works Department. ff lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.1.8 Other than the two access points approved by ACRD, direct lot access to W. Pine Avenue is prohibited. A note shall be placed. on the final plat restricting access to W. Pine Avenue. 1.1.9 Underground year-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant shall be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single point connection is used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 1.1.10 All internal sidewalks shall be constructed as submitted and in accordance with MCC 12-S-2.K. 1.1.11 No building or other structure shall be erected, moved, added to or strueiurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a Certificate of Zoning Compliance (CZC) permit from the Meridian Planning and Zoning Department (MCC 11-19-1). NOTE: Multiple 4 plea and or townhouse units maybe contained in a single CZC permit. 1.1.12 Prior to obtaining certificate(s) of occupancy, all development improvements, including perimeter fencing, irrigation, and landscaping shall be installed. Prior to signature of the final plat(s) by the City Engineer, a letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, amenities, sewer, water, etc. 1.1.13 Add a uathwav at the southwest corner between Lots 26 and 27 that connects the sidewalk on the private street with the multi-use pathway adjacent to the Ten Mile Stub Drain. 1.1.14 Provide an easement for a public bus unll outlbns stop along Fine A_ven_u_e Coordinate the lo~atign of the easement with VaDeY Ride staff; ~~ 1.2 GENERAL REQUIREMENTS-PRELIMINARY PLAT (PP-06-011) Exhibit 13 --Page 2 CITY OF MERIDIAN PLAN1~IiVG DEPARTMENT STAFF fltEPORT FOIL T1~ARiNG DATE OF JULY 11, 2006 1.2.1 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application(s). 1.2.2 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.2.3 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space aze subject to UDC 11- 3A-1$ and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHb, City of Meridian and all other regulatory requirements at the time of Seal construction. 1.2.4 Coordinate fire hydrant placement with, the City of Meridian Public Works Deparbcnent. 1.2.5 Staffis failure to cite specific ordinance provisions or terms of the approved annexation and conditional use does not relieve the applicant of responsibility for compliance. 1.2.6 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 1.3 SITE SPECIFIC REQUIREMENTS -CONDITIONAL USE PERMIT (CUP-06-006) 1.3.1 Comply with all of the standards listed in UDC 11-4-3.27 regarding multi-fau~ily developments, including Site Design, Common Open Space, Site Amenities, Architectural Character, Landscaping, and Maintenance. 1.3.2 All townhouse dwellings shall contain a 20' x 20' pazking pad in front of a two-car garage. Provide at least 392 covered parking spaces for the 4-plex units. 1.3.3 Provide at least 80 square feet of private, usable open space for each 4 Alex unit, such as a patio or deck 1.3.4 All elevations of the 4-plex buildings shall conform to the elevations in Exhibit A of the Staff Report. All roof and wall-mounted mechanical, electzical, commiunications, and service equipment shall be screened from public streets and properties by the use of parapets, walls, fences, enclosures, or by other suitable means. 1.3.5 Providing the following amenities: 3.89 acres of common open space, a 3,000 square-foot ~gmmLnity club house and fitness facility, a property management office, a maintenance storage area, a development map/directory, a pool, two tot-lots, a half basketball court, walking trails along the Ten Mile Stub Drain and Eight Mile Lateral and throughout the project, and picnic tables on Lot 9, Block 2,_and as required by the P annin~ & Zoning Commission. 1.3.6 Constntct an additional leg of the pathway along the Ten Mile Stub Drain north through Lot 26, Block 1, that connects with the sidewalk on Lot 6, Block 1. Provide either a note on the face of the final plat, or in a document such as CCR's , an access easement for all of the lots within this Exhibit B--Page 3 CITY' OF MERIDIAN PLAN~G DEPAR'T'MENT STAFF REPORT FOR THEG DATE OF JULY 11, 2006 development to use the pathway that runs along the Ten Mile Stub Drain. 1.3.7 Unless otherwise approved by the Public Works Department, provide a full 10-feet between the front of the 4-plex units and the back of the adjacern sidewalk. Provide a 5-foot wide side setback (10-feet between buildings} between buildings. 1.3.8 Provide open-vision (chain link) fence along Eight Mile Lateral and the Ten Mile Stub Drain. 1.3.9 All comments and conditions of the accompanying Annexation (AZ-06-013) application and Preliminary Plat (PP-06-011) application shall also be considered conditions of the Conditional Use Permit (CUP-06-006). 1.3.10 The applicant shall align, where aunronriate, the handicanned uarkinn stalls as to provide an open corridor for fire department aurnev access to the units. 1.3.11 x. Public Works Department 2.1 Sanitary sewer service to this development is being proposed via extension of mains in W. Pine Avenue. Those mains currently flow to the Moshers Farm lift station. There is currently a City of Meridian project underway to decommission that lift station and allow for these mains to gravity flow. If this city project is not completed prior to final plat application of this project, the applicant shall be responsible to submit written permission from the owner of the Mosher Farms lift station to discharge to it, as well as be responsible for any upgrades that may be required. 2.2 The proposed five foot setback from the sidewalk to the four plexes may not be adequate to install larger diameter water services that are often used in these types of buildings. If the larger diameter water meters are used then the applicant shall increase the amount of setback to ensure adequate room to install the water services. 2.3 Prior to the next public hearing, the applicant shall meet with Vic Steelman of Idaho Power (388- 6320) to discuss routing of the common trench through the multi-family portion of this project. The applicant shall submit to the City a letter from Idaho Power stating that the~are atmrovina a substandard utilitYeasement for this project. 2.3 The apglicaut shall install all sewer mains necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard. Sgecifications. 2.4 Water service to this site is being proposed via extension of mains in W. Pine Avenue. The applicant shall be responsible t~o install water mains to and through this development, coordinate main size and routing with Public Works, and execute standard forms of easements for any mains that are required to provide service. 2.5 All sewer and water mains not in the right-of--way shall be centered in a 20-foot wide easement. 2.6 The applicant has indicated Nampa and Meridian Irrigation District will own and operate the pressure irrigation system in this proposed development therefore a letter of plan approval shall be submitted prior to scheduling of apre-construction meeting. Exhibit B -Page 4 CITY OF MERIDIAN PLAN~G DEPARTMENT STAFF REPORT FQR THE G DATE OF JULY 11, 2006 2.7 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.8 All existing struchues shall be removed prior to signature on the final. plat by the City Engineer. 2.9 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.10 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-$. Wells may be used for non- domestic purposes such as landscape irrigation. 2.11 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-~. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval ornon-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final. plat signature. 2.12 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. SS7, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.13 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.14 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.15 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.16 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 2.17 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.18 Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. 2.19 Applicant shall be responsible for application and compliance with any Section 404 Permitting Exhibit B -Page 5 CITY OF MERIDIAN PL~G DEPARTMENT STAFF REPORT FOR ARIIVG DATE OF JULY 11, 2006 that maybe required by the Army Corps of Engineers. 2.20 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.21 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.22 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.23 One hundred watt, high pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaha Power Company. The street light +contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. Fire Department 3.1 One and two family dwellings will require afire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500' apart. International Fire Code Appendiuc C 3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4'/2" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location e. Fire Hydrants shall be placed on corners when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. i. Fire sprinklers required for four plexes. 3.4 All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 3.5 For all Fire Lanes, paint the curb red and provide signage "No Parking Fire bane". 3.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.7 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. 3.8 Maintain a separation of 5' from the building to the dumpster enclosure. Exhibit B -Page 6 CITY OF MERIDIAN PIING DEPARTMENT STAFF REPORT FOR ARING DATE OF JULY 1 ], 2006 3.9 The first digit of the ApartmentlOffice Suite shall correspond to the floor level. 3.10 AlI aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.11 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.12 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3.13 The Fire Department requires that any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Revise the western terminus of Lot 5, Block 1 to either be less than 150-feet, or provide a turnaround. 3.14 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance req„iremP.,t shall be 600 feet (183 m). 3.15 All R 2 occupancies with 3 or more units or with 3 floors shall be requires to be fire sprinklered. 3.16 Pool chemicals shall be stored incompliance with the International Fire Code. 3.17 Side yazd fences shall not be allowed. 4. Police Department 4.1 Prior to release of building permits the applicant shall submit a gazkin~ elan for all off street parkigig m the multi-family development to the Planning Department ,All pazking svaces shall be assisned to a specific dwelling unit or for guest use The parking mace identification shall use a different numbenng`systemthap the dwelling units 4.2 The fagades of the multi-family buildings shall include windows that look onto the pazking azeas and/or other public areas. 4.3 The applicant shall submit a revised landscape plan that uses walkways and landsc~ing to direct visitors to the maui entrance and away from private areas 4.4 The p~.estrian access to the proposed clubhouse%ommunity entrance is not well-defined The a~phcant shall submit a revised landscape plan that uses walkway paving materials and landscapisia to alert motorists to the pedestrian traffic Exhibit T3 -Page 7 CITY OF MERIDIAN PLAN]di'~fG DEPARTMENT STAFF REPORT FOR THE~ARWG DATE OF JiJLY 11, 200b 5. Parks Department 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13-6) wi11 be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be followed. 6. Sanitary Serntce Company 6.1 Waste enclosure locations: There is a concern that the enclosures are not located to minimise service vehicle backing-up requirements. Large waste vehicles have blind spots when baclang up is required. 9$% of waste vehicle accidents occur when backing-up. Please contact Bill Gregory at SSC (888-3999) to discuss this matter prior to the next public hearing. 7. Ada County Highway District Site S eci c Conditions o A royal 7.1 Construct West Pine Avenue as one half of a 46-foot street section with vertical curb, gutter and 5-foot sidewalks within 70-feet ofright-of--way (35-feet from centerline). Widen the bridge on the northwest and northeast property lines to accommodate the proposed pavement widening along West Pine Avenue. Locate the improvements to West Pine Street approximately 346-feet east of the northwest property line to provide a consistent street section for the Capital Improvements Plans widening of the intersection of Ten Mile Road and West Piave Street. 7.2 Construct internal roadways as 33-foot street sections. 7.3 Access on West Pine Avenue must align with northern access in the two proposed places: West Jayton Drive, a proposed public street, located 497-feet west of the northeast property line and North Lyndhurst Lane, a proposed private street, located 476-feet east of the northwest property line. ACRD requires Fire Department approval for these street sections. 7.4 Construct the intersection of North Glen Oaks Avenue and West Jayton Drive to a minimum intersection measurement of 75-degrees. 7.5 Construct West Jayton Lane in alignment with West Jayton Drive at the intersection of West Pine Avenue. 7.6 Gonstruct West Snyder Lane in alignment with West Snyder Street at the intersection of North Glen Oaks Avenue. Exhibit $ -Page 8 CITY OF MERIDIAN Pt.~G DEPARTMENT STAFF REPORT FOR ARING DATE OF JULY 11, 200b 7.7 Other than the access specifically approved with this application, direct lot access to West Pine Avenue is prohibited and shall be noted on the final plat. 7.8 Comply with all Standard Conditions of Approval. Standard Conditions of Approval 7.1 b Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.2b Private sewer or water systems are prohibited from being located within any ACRD roadway or right-of--way. 7.3b All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.4b Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number} for details. 7.Sb Comply with the District's Tree Planter Width Interim Policy. 7.6b Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.7b All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepaze and certify all improvement plans. 7.8b The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any requir~l design changes. 7.9b Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.1 Ob Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 7.1 lb It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACRD conduits (spaze or filled) are compromised during any phase of construction. 7.12b No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. Exhibit B -Page 9 CITY OF MERIDIAN PG DEPARTMENT STA)~~' REPORT FOR T~]G DATE OF JULY 11, 2006 ~.13b Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law inn effect at the time the change in use is sought. 8. Central District Health Department 8.1 After written approval from appropriate entities are submitted, we can approve this proposal for central sewage and central water. 8.2 The following plans must be submitted to and approved by the Idaho Department of Health & R~elfare, Division of Environmental Quality: central sewage and central water. 8.3 Run-off is not to create a mosquito breeding problem. 8.4 It is recommended that storm water bepre-treated prior to discharge to the subsurface to prevent impact to ground water and surface water quality. The engineers amd architects involved with the design of this project should obtain. current best management practices for storm water disposal and design a storm water management system that is preventing groundwater and surface water degradation. 9. Idaho Power Company 9.1 I have visited with Vic Steelman, our joint trench coordinator, about your request for a seven foot wide utility easement in the Canterbury Commons Subdivision. Your request for seven feet is less than our normal ten foot wide easement. To accomplish this you also offered to allow us to place our devices in an island area adjacent to the parking area next to the sidewalk. We have on a very limited basis allowed this but additional utility easements are required to do this. The easement would join the street side of the standard easement and be large enough to create a box around the island in the parking lot. Our transformers would occupy the island as well as the devices of the telephone and cable tv companies. The joint trench running line would be in the seven foot utility easement with conduit stubs to the transformers. Our j-boxes would be in the normal utility easement. Since this request is for an easement that is outside of our normal width we would like to view a copy of the preliminary plat before giving formal ok to proceed with the request. Thank You, please call me at 388-5585 if you have further questions. Exhibit B -Page 10 CITY OF MERIDIAN PLAN~G DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF JiJLY I ~, 2006 C. Legal Description t1JVI.IMI7E'C7 ~it7UNUAE~ES~ tNC. OBA ~ ~ ~ls~~-ciated nand ~ur~e~rors 1 i~i3 W. !4#ain St. Midrlletnn. Idaho ~3~~~ I.E+GAI. DESC~RIPTIO~t FOR ~~v(t;RICA WEST ~IOMI;S Zhu f::,llcawinq ,4escrib&g a parcel ~$ erJal paa~rt} bwin•~ a {anrt:i~a ~~f thr ;s,~utht«rest {lusr•t®r at &ectiur, 1., F,Jtcrts'hip •~ l~•~tiY;tt, RtiagA t ifQat, E;.M, r ~'•1.7:gr dt Meridian. Ada Caunr.}«, Zeiatta, .as~d tr~eietq :Haas pax~ti4-ctla,e3y auac.Clt~ed a.s rpllaue: f'o~ntene;ir.~a ~L' t.ri~ t:>ont2x ~a;,r4ctr r'arrex n£ grain ~•et~t..tny t., thcna® ,Jtcztq ttstx eauC^+aeat .-enze,clin® of aa:d Sear.J,on ]., ttt;~t'alu' 4S'•:4, 5,'.4ii L'reC t~v that JtOZliT dR 96fllt~ii2iQ: ±.Y,ea;,ce, 1®dvlt,g s;iid ce~~s.4arlfns, ; G~°5G" iP'"W, °d9.4~ :ertt to iRca ncrrrherly 8.lght-a~f,~tay ~E tt.Q Uni:u; taar.tf.ic Railrrxtzst; Therca, e2onq sa$d Ria~ht-®f~-w~py, Nand°$':'4G"W, rya4.s1; teat to •-h*~ centsrlins of I:dB '~er, P4iie• Stuff tt'.a9.:,; 'i`1senC~,., along saiel oatsCet:li.ne, N02°5a'' 1:"~. 47.88 feet Than+xe, con.it:uSnq alm:,g aai,i cent®rline, cr~,(I°d5'43"t~, SH.iz €e«~t 1 :.R:=q"..t0e e~ntinuirq glac,g ~85d ~+hri.et:lsne, 14A1°i8`4`,"i4, 515.~i4 ~eltt; Thence. cantitxuinq altJn~p Braid C^~nta:lineY, N59"7C,' 45"w, al5.6 t fear; Yhence. LAaviug a®id cer,ter3»n~r, yCt~'mi' 19"g, ^4 , y3 ti+il to tE,a east-,,rest c¢nter2.ine of sand Se__iurt al; Thence. starq maid centerlirt», SB9°1U'45"f, 15~6.a> #aat t,: :Aa Pt71miT OF 87;tiilt,Btltssi, '1'78 atabve de~cztCsad svat;CFti aC' real property c~nt.~lri9 ..", . T7 atrrJta. mcsre s,r ltlas and i.s suisj®~t !u Che itir4hta•~f-asy of Lsrt tiir3ttt Mile S,A*_erat L~trig Sisxt,y-feet{6{b'; 1•n uidttt, i4est F:r,r, r'.cu~e ba,tn~ Twerttyf'itra YueJ- i 5Q' l tts wluth d1ni1 an BeRBLrtCrT fox ;;,p TAa M>_le ~i:rsia Lttaia taring 5ixta;- f4@t {40'i in width. ~~--.-~ ~~. .. L~ '' . '. ~.~}~.I7MQt P {t~T 1 . Extu'bit C -Page 1 CITY OF MERIDIAN PI~INQ DEPARTMENT STAFF REPORT FOR T`I~.T~ARIIV(i DATE OF JULY 11, 2006 `s> ~~ 4 ~ Y Yl ~ ~~ ~~~ pG. 1::_ ~~ N, n~• aG V +~ ~~ a 1 1 ~,,~;, ~ ,.. . .e ~ ~~ ~~ z i~ e ~ ~ .> ~ c~ ~ _~ .» 8 U I~ l ' ~ FF ~. ~ ,C ~ ~ ~ .. t~ IIV4 N3~'N .. ~ ~. Y' .~ r3~ ~ ~ ~ 1 ~ I~ ,~ ~~ i N ~~ f~ i ~~ " . ,~ e t °~ 1 ~ ^~ ~ ~~ a'I ~i j ~~ wl ~r ~) r + 1 ul 71 z~ yw t rg ~ :v ` ~ L 9 : ~ '~ ~ °, ;: ~~ .! _~ :.. Q W' z~ ~ 'jiff ~Y ~~~ '~ ai ~ ' ~ ~ ~.". 1 ~~ '~, . ~ ~ ~ ~j ' jqo`~~ r~ - I ~ /~~' ~ ~ ~ ~ •/ ~I ~ Q ' ~ ~~ a W_ ~~~ ~~ N~ j ~ A ~dQ Exhibit C -Page ~ CITY OF MERLDIAN PLAG DEPARTMENT STAFF REPORT FOR T'H[L~ARING DATE OF MARCH 16, 2006 D. Required Findings from Unified Development Code 1. Annexation Findings; Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the appllcadon. In order to grant an annezaf3on and/or rezone, the Council shall make the following findings; A. The map amendment complies with the applicable provisions of the comprehensive plan; Council finds that the proposed zoning is in general conformance with the comprehensive plan (please see Section 8 of the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development). Bt. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds that there are several uses that are allowed and conditionally allowed within the requested zoning districts of R-15. Specifically, multi-family uses are conditionally allowed and townhouses are principally permitted. Council finds that the development of this property should be required to comply with the established regulations and purpose statements of the requested zone. See Section 10, Analysis above for information on the regulations that need to be complied with. C. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds that the proposed annexation and zoning, and subsequent development of this property shall not be detrimental to the public health, safety and/or welfare. The Commission and Council should rely on any oral or written testimony that may be provided when determining this ~~g, D. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Council finds that the proposed zoning aiuendnxent will not result lux any adverse impact upon the delivery of services by any political subdivision providing service`s to this site. E. The annexation is in the best of interest of the City (UDC 1 ],-SB-3.E). Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. If the Council determines the annexation is in the best interest of the City a Development Agreement (DA) with the City is required 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: A. The plat is in conformance with the Comprehensive Plan; Exlu'bit D -Page 1 CITY OF MERIDIAN PLANi~ICfG DEPARTMENT STAFF REPORT FOR THE~Lt1NG RATE OF MARCH 16, 2006 Council finds that the proposed zoning is in general conformance with the comprehensive plan (please see Section 8 of the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development). B. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that services can be made available to accommodate the proposed development. C. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, Council finds that the subdivision will not require the expenditure of capital improvement funds. D. There is public financial capability of supporting services for the proposed development; The Commission and Council should rely upon comments from the public service providers (i.e., police, fire, ACRD, etc.) to determine this finding. (See finding Items 3 and 4 above under Annexation Findings above, and the Agency Comments and Conditions in Exhibit B for more detail.} E. The development will not be detrimental to the public health, safety or general welfare; and Council is not aware of any health, safety or environmental problems associated with the development of this subdivision. ACHI7 considers road safety issues in their analysis. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems. F. The development preserves significant natural, scenic or historic featares. Council finds that the Eight Mile Lateral and Ten Mile Stub Drain are features that should be preserved Council is unawaze of any other natural, scenic or historic features on this site. Therefore, Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic ar historic feature(s) of major importance, if the Ten Mile brain and Eight Mile Lateral are preserved and protected. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance. 3. CUP Findings: The Commission shall base its determination on the Condilitonal Use Permit request upon the following: A. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Exhibit D -Page 2 CITY OF MERIDIAN P DEPARTMENT STAFF REPORT FOR THE 1~ING DATE OF MARCH 16, 2006 Council finds that the site is large enough to accommodate all required parking, landscaping, loading and other standard regulations required by the UDC. However, the applicant has applied for a variance to the standard lot size and rear building setbacks. See Section 10 of the Staff Report for detailed analysis. S. 't'hat the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the regturements of this Title. Council finds that the proposed zoning is in general conformances with the comprehensive plan (please see Section 8 of the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development). C. That the design, construction, operation and maintena~uce will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such ase wfil not adversely change the essential character of the same area. Council finds that the general design (as amended), construction, operation and maintenance of the townhouse and multi-family uses will be compatible with other uses in the general neighborhood and with the existing and intended character of the vicinity as to not adversely change the character of the azea. Council finds that a higher density residential use on this site should be compatible with the neighborhood (provided the applicant complies with all UDC provisions.) The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposal will adversely affect the other properties in the area. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. Council finds that the proposed development should not adversely affect other property in the vicinity if the applicant complies with all Preliminary Plat, Development Agreement and CUP conditions and constructs all improvements and operates the use in accordance with the UDC standards. E. That the proposed use will be served adequately by essential public facilities and services snch as highways, streets, schools, parks, police and fire protection, drainage a~tructures, refuse disposal, water, anti sewer. Please refer to the comments and conditions prepared by the Meridian Fire Department, Police Department, Pazks Department, Sanitary Services Company and ACHD in Exhibit B. F. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. If approved, the developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police and school facilities and services. Council finds that the applicant should be required to pay to extend the sanitary sewer and water mains into the site. No additional capital facility casts are expected from the City. The applicant and/or future property owners will be required to pay highway impact fees. Council finds that the proposed uses should not create excessive additional costs for facilities or services and should not be detrimental to the economic welfaze of the ~pmmLnity, Exhibit D -Page 3 CITY OF MERIDIAN PI.A1~G DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF MARCH 16, 2006 G. That the proposed use will not involve acdvities or processes, waterials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffiic, noise, smoke, fumes, glare or odors. Council finds that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. Council does not believe that the amount of traffic or noise generated will be detrimental to the general welfare of the public. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposal may cause health, safety or environmental problems. H. That the proposed use wlll not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance. The Comtn~ission and Council should reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of maj or i~ortance. 4. Private Street Findings: A.. The Design of the private street meets the requirements of this Article, The applicant will have to certify that the Ada County Street Naming Co~oo~mittee has accepted the private street names. The design of the streets meets the standards as set forth in UDC 11-3F-4; ao gates are allowed. Roadway and storm drainage shall be contained on site. B. Granting approval of the private street would not tense damage hazard, or nuisance, or other detriment to persons property, or uses in the vicinity; and Staff and Council does not anticipate any hazard, nuisance or other detriment from the private streets if they are constructed and maintained as designed. C. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan. The location of the private streets does not conflict with the Comprehensive Plan and/or the regional transportation plan. Exlu~bit D -Page 4 November 17, 2006 MERIDIAN CITY COUNCIL MEETING November 21, 2006 APPLICANT ITEM NO. S-L REQUEST Change Order for Asbestos Abatement and Demolition not to exceed $35,556.30 for Additional Asbestos found not on Original Haz Mat Survey with Ideal Demolition Services, LLC AGENCY COMMENTS CITY CLERK: CITY FINANCE: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: 1~ 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. CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER • CHANGE ORDER NO. 1 PROJECT NO. CH-06-001 DATE: 11/13/06 EFFECTIVE DATE: 11/13/06 CONTRACTOR: IDEAL DEMOLITION SERVICES, LLC PROJECT: ASBESTOS ABATEMENT & DEMOLITION The Contractor Is hereby directed to make the following changes from the Contract Documents and Plans. Desclption: Removal, transportation and disposal of abestos containing transits panels located in the main creanery building per proposal by David Aparicio dated 11/912006. 18,234 square feet at $1.95 per square foot fora NOT-TO-EXCEED amount of $35,556.30 Reason for Change Order: Additional asbestos found not on original Haz-Mat Survey. Attachements: Proposal by Ideal Demolition CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $ 390,800.00 Original Contract Times: Completion 1/12/06 Net changes form previous Change Orders Net changes form previous Change Orders No._ to _ No._ to _ (calendar days) $0.00 None Contract Price Prior to this Change Order. Contract Times prior to this Change Order. (calendar days or date) $390,800.00 1/12/2006 Net Increase (decrease) of this Change Order. Net Increase (decrease) of this Change Order. (calendar days or date) $35,556.30 NONE Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: (calendar days) $426,356.30 1/12/2006 RECOMMENDED: (CONSTRUCTION MANAGER) ACCEPTED: (CIONTRACTOR) ~ ciJ~~ BY By: David Apricto /¢ ~ ~ p P~ Date: ..~ ~ Date: APPR VE (CITY PURL SING AGENT) COUNCIL APPROVAL By: K Watts Date: ~ ~ I ~/~ ~ Date: APPROVED: (CITY) - ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Will Berg Jr. Date: Date: 11/14/ZUUti '1'Uli ~:~~ rA~ z~z~ ~sni ~r~i~iA 1NG CITY otr MERIQIAN 33 i:AST IDAHO MERIDI4N. iD 83642 GONTRACT CHANGE ORDCR U CHAivaE aROER nlo. 1 r~t~C~.leC'r rlo. CH-06-001 DATE: 11/13/b6 ~FFECTIIff=DATE: 11113106 CONTRACTOR: R)ERL Df:MOLTfIdN SERVICES, t_LC ~ROar=c~; As os ~r~ratsemourroro Tk0 Cbnb'sCtor k horaYry gl~afad to tleaske the fotlowing ehan~ from fhe Oor~tract Documents and Plans. Dagctptien: RamaYal, tra~porEa4on and drspo931 of abestas txftdalrm~g troneik.+ panda located in the main CrcaRBry bcdlelnP Per ProPO68l t+Y David Aparlcio dalctl ~ t~er2ons. 18.234 ware feet at Si.~ per squire fvvt (ore tJOT-TO~EXCEk'D amount of X55,558.30 Ream for Chatpe Order: Addi(E~I asbeatps (~ gn(pg original Haz Ntst ttofvap. h~man[s: Proposal by Ideal Damolitlon eHaNC~ iN C NTRACT PRICB: CHANGS IN CO T~tA1C'T MIMES: Ortgldal Canuact Prise 3 3~,800.OQ Origiru7U Contract Times: Campleti~l 1H2/08 Het cher~s toffs pr6vioUS Ghange Ortlera Net cF+anOCS farm provlous Cfmn9e Ord3rs "°'-'° _ ~,.~,. ~..._.. (mar dayst ~•~ Nana Cantraot this Prier to tl~1a Cnangr~ Order: Contract TltStee prior to nds Change Order: ieolasaaraayo a @aKr) $390,800.OD 1/92!2006 N8t UIC-eP58 (d8t~88aS8) of this Chaff ©rder: NEt Inas:ase (decrease) of Ih~ Ghange Ortler: Sr35,5b6,30 (oata+d8rda}+s sedate) NONE Conharl Peke wirtr ati Ap~av~ed change O Contrast Yitnes wi8r v0 Aptsrowad c~tarlpe oridwe: (ardars) $428,568.90 11121E00S RECOPD:(GOtV$TRUCT14N16WVAUER) ED:ICI~+ITR_ ~CT@R) t rte '~t ~'~ ._-...- By, David H r?c:Q ~~ ~J-/3 -v~o ~ f ~ l ~--~ ~ 6 Ai:'Pttt~ilED' (~' ~, COIJNCII. OYAt. .~' ~ , ~° ey: Kd Date: I ~ ~~ ~~ nare: APPRCVEG: (dTY) - ATTEST: 8y: MaYar Tartuny de Weerd ey: sty Cktti6 Wfll Bsr9 Jr. Dat®: Dom; l~00~/005 f ~~ K 5 r. r >. 1 t i i T , i i r ~. i~ Z0/Z0 3'Jdd NOIlI10W3Q -IG3QI 9I6b59£80Z BS:Bt 9082/bI/It Page 1 0 2 Tara Green From: Ted Baird Sent: Tuesday, November 14, 2006 2:07 PM To: Tara Green Subject: FW: Transits Panel Abatement Flag Status: Green Attachments: Transits Abatement Bid 11-09-06.pdf Per ycur request. From: Wesley Bettis ]r. [mailto:wbettisCblpetrainc.net] S®nt: Thursday, November 09, 2006 12:34 PM To; Tammy de Weerd; Keith Bird; Ted Baird; Will Berg; Keith Watts Subject: Transits Panel went 11-09-06 Enclosed is the bid from Ideal Demolition Services for the containment and abatement of the Transits panels found in the Creamery Building on the ceilings of both levels. There is approximately 18,234 SF of panels in the building based on MTI's test results and a physical surrey of the work. To research the work involved with the abatement and estimated costs, I contacted a local Haz-com contractor who did not bid on this project and another abatement professional in the Tri-Cities area of Washington State that I have worked with before. The cost for just the containment and abatement of glued or mechanically attached panels range from $2.15/SF to $3.25/SF depending on working conditions, or a cost of $39,203 to $59,260. Ideal Demolition had planned to move into the abated space and utilize their large equipment to salvage the wood for recycling and then pull the wails in to break up and haul-off. The abatement of the Transits panels will require the use of scissor lifts on the first floor and rolling scaffolds on the second floor. Their bid 'ts at $1.95/SF or a total of $35,556.30. Wesley W Bettis, Jr. AIC,CPC Sr. Project Manager PETRA, INC 9056 W. Bluckeag/e Or. Boise, ID 83709 Phone: 208.323.4500 Fax.' 208.323.4507 E-Mai/.' r,~t~eftis°~G-'n~~rain~°.ne~ 1111712006 Page 2 of 2 1111'7/2006 • November 17, 2006 MERIDIAN CITY COUNCIL MEETING November 21, 2006 APPLICANT ITEM NO. S-M REQUEST Approve Beer 8~ Wine License Applications for JMS Services Group, Inc. dba My Caffe at 450 South Meridian Road, Suite 15 AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ~ ~ November 17, 2006 MERIDIAN CITY COUNCIL MEETING November 21, 2006 APPLICANT ITEM NO. S-N REQUEST Reimbursement Agreement for Construction of Approximately 450 feet of Water Main Offsite & Fronting Amke Subdivision with MCA Construction for $19,263.00 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See aftached 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. Memo To: Will Berg; Tara Green From: Kyle Radek, P.E., Staff Engineer /~~ CC: File, Bill Nary Date: 11/15/06 Re: Proposed Agenda Item for November 21 City Council Meeting The Public Works Department respectfully requests the following item be placed on the November 21 City Council agenda, under Consent Agenda, for Council's consideration: Reimbursement Agreement between the Citv of Meridian and MCA Construction This agreement reimburses MCA Construction for construction of appro~amately 450 feet of water main offsite and fronting Amke Subdivision. The total reimbursement is $19,263. Recommended Council Action: The Public Works Department recommends that City Council approves the Reimbursement Agreement between the City of Meridian and MCA Construction for constructing approximately 450 feet of water main for a total reimbursement of $19,263 and authorizes the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. • Page 1 • • AGREEMENT THIS AGREEMENT made this /day of ~ ,20~, by and between the CITY OF MERIDIAN, a municipal corporation, hereinafter called CITY, and MCA Construction , hereinafter called DEVELOPER: WITNESSETH: WHEREAS, DEVELOPER owns land inside the corporate limits of the City of Meridian and has constructed a domestic water system to their serve property or project, AYnke Subdivision , as shown on Exhibit "A" and has requested reimbursement for certain portions of the domestic water system; WHEREAS, upon recommendation of the Public Works Department, the Council of CTTY accepted and approved the proposal of DEVELOPER subject to all conditions hereinafter provided by this Agreement. NOW THEREFORE, in consideration of the foregoing premises, it is agreed: A. Preparation of Plans. DEVELOPER has prepared plans and specifications, drawings, instructions, bid proposal and all other contract documents for the construction and installation of domestic water system, shown on Exhibit "A", including rights-of -way, grades and elevation, and materials to be used in the construction and installation of said trunk domestic water system. B. Construction of Domestic Water Mains. (1) DEVELOPER has installed and construct the domestic water system and appurtenances as shown on Exhibit "A", subj ect to the conditions hereinafter provided. (2) DEVELOPER has provided all engineering, surveying, contract administration, permanent and temporary construction easements for the construction of domestic water system described on Exhibit "A". (3) DEVELOPER has provided all testing, sampling and other normally conducted quality control/quality insurance of installed systems. (3) CITY has provided inspection services for the construction of the domestic water system described on Exhibit "A". C. Construction Costs: Cost of the water main that is subject to reimbursement is $30,780 as detailed on Exhibit "B". Page 1 of 6 D. DEVELOPER and CITY Responsibility for Costs. Because the DEVELOPER has constructed aten-inch water line as shown on Exhibit "A", at the request of the CITY, it is mutually agreed that the City will reimburse the DEVELOPER for 50% of the actual cost of the ten-inch water line fronting on the DEVELOPER' S property and 90% of the actual cost of the ten-inch water line off-site from the DEVELOPER' S property. The amount to be reimbursed is $19,263, as detailed in Exhibit "B". E. Term of Agreement. The CITY shall make payment to the DEVELOPER within 90 days of the acceptance of the project domestic water system or the execution of this agreement, whichever is later. F. Domestic Water Lines on DEVELOPER'S Pronerty. As a condition for CITY entering this Agreement, DEVELOPER shall: Submit to inspection by either the Public Works Department or the Building Department of CITY whenever a building is to be connected to the domestic water system constructed and installed on and within its property. G. Cost of Domestic Water Line on DEVELOPER'S Prot~erty. All costs and expenses, including the construction, engineering, advertising, clerical and legal and all licenses and permits which may be required for the construction and installation of the domestic water system upon and within DEVELOPER' S property, shall be at DEVELOPER' S sole expense. This condition specifically excludes the CITY'S share of the domestic water system on Exhibit "A". H. Compliance with Laws. (1) In constructing and installing the domestic water system within its property, DEVELOPER, at its sole expense, shall comply with laws, orders and regulations of Federal, State and Municipal authorities and at its sole expense shall obtain all licenses or permits which may be required for the performance of this Agreement. (2) Upon connection to the domestic water system, DEVELOPER agrees to abide by all applicable City laws, rules and regulations pertaining to domestic water system. I. Indemnification and Insurance. DEVELOPER shall indemnify and save and. hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by DEVELOPER, its servants, agents, employees, guest, and business invitees, and not caused by or arising out of tortuous conduct of CITY or its employees. In addition, DEVELOPER shall maintain, and specifically agrees that it will maintain, for a period of one year from the date of this Agreement, liability insurance in which CITY shall be named insured in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein Page2of6 • provided, DEVELOPER covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions or judgments for damage$ or liability to persons or properly. DEVELOPER shall provide CITY with a Certificate of Insurance or other proof of insurance evidencing DEVELOPER' S compliance with the requirements of this paragraph and file such proof of insurance with the public Works Department. In the event the insurance minimums of the Idaho Tort Claims Act are changed, the CITY shall notify the DEVELOPER of the change, and Tort Claims Act are changes, the CITY shall notify the DEVELOPER of the change and DEVELOPER shall immediately submit proof of compliance with the changed limits. J. No Assignment. DEVELOPER shall not assign any portion of this Agreement or any privilege here under, either voluntarily or involuntarily, without the prior written consent of the CITY, which consent shall not be unreasonably withheld. K. Definition of DEVELOPER'S Property. The term "DEVELOPER'S PROPERTY" in the Agreement shall mean the parcels described on Exhibit "A" attached hereto. L. Bindin Effect. An executed copy of this document shall be recorded in the office of the Ada County Recorders and is an Encumbrance which shall be binding upon all of DEVELOPER'S assigns, or successors in interest to said property. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers the day and year first above written. oc- ~-- Title •~O - /~ o~ Date Secretary, STATE OF IDAHO ) ss County of Ada ) On this _ ~ ~. day of ~C°l- . ,~, before me the undersigned, a Notary Public in and for said State, personally appeared .and known or identified to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Page 3 of 6 DEVELOPER: ~P\G~(OMP/tj ...®~ SSE) ~,~C~ Tw r~ n'c` io~~ Notary Public For Idaho ~., Residing at: (,-~~ ~ F-~,~o Commission Expires: a MAYOR ATTEST: STATE OF IDAHO ) ss County of Ada ) CITY CLERK On this day of ,before me the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR, known to me to be The Mayor and City Clerk of the City of Meridian, Idaho, who executed the within instrument and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public For Idaho Residing at: Commission Expires:_ (SEAL) Page 4 of 6 Exhibit A • 2150 0 0 rn Arnke Subdivision 2040 10-inch Water Lip Y Pine Avenue O 2132 2110 2084' 2063 N MERRYWOO SUB NO. 0 ME WdOm SUB 0.01 2075 m ' JAYTON 784 2081 2016 5`~ rye Page 5 of 6 m ~_ X W ea ym.~ C O .~ a .G Y L Q w w d m E w 0 C 3 V R U 0 O c .~ N fQ N a O a c 0 6~ C C O W c .~ .r0+ U ~oaomw~Mo C p0C`')CONI~I~M NC~aD'ctOC'M0C~C4 ~OCOrMMMrCO dNtONMNM~'a0 N r Oj ~' 7 •L ~ fA EA ~'fH ER ~' ~ NCO rCOlnC00 m O Q O O N I~ tt M _~ CO~ ' MO~~000 ~ eo E ,., ~i v ~ r M o~ o 0 0 O d O) O O) LA tO N 0 7 d ,3Q OOr VM~M~'d ~.~Ce ~ o.. C'7~ .Q W ~ ~ ~ fA fR fh lf? ffl 6F} (f} ER y„ _ 0 0 0 0 0 0 0 O ~ ~O)O)OOCAOCAO c' r r O r O w .d ` r r m ~ ~ N d w O _~ c O p~ _ M O N_ C. O .C ~: N M N (r .- CD p ~ r+~ C'V (O ~:: ~ ~ LL ~ `' mv>sv~rcflE»~cflcfl ~ ~ m in o ~n o Off; d C{) CC) I~ O t0 C ~ .d d - ~ ~ ~ N C'7 - N ~ .Oa ~ a+ tt. r .... M O C d , ~ 6R (f~ 69 Ef3 (A Ef3 v3 6} Q V1 lq i ®. ~. po o ~ \ 0 0 0 0.~ O O o O' - ,LO O ~ O O -.t7 CO O Op ..d. rL.' C. ~ w m ~' O iC' a ~ _w;3 000000000 001 OOOI~O- O d O f~ CO O to f~ fM f~ +'' NONr0000O ~ V ~ OCA~MtT'MM'Ch 3 G1 .Q "CI' CV Cfl Cn ~ ~ r- Q w ~ C ~»t»~cflcs~~~~s d o 0 0 ~o o a o ~'' ++ M0000000_ C O N M 0 0 0 0 0 0 0 ~ ~,~+ 3 C r r r r r r r d- ao-~a°E ~ 3 N 3 U 3 c c o YNm ~'m3 ci~~~ rng o c ~ c c cNC ~ in m .Q U U 0 0 W~ ~tU ~ i ~p V O ot~ m o o m ~ ayi.~oa =UU~I-I-I-rQ 0 0 rn i~ -o 0 m ~ tMD• N ~ t17 ~ (U ~ N ~ ~ w O ~ .3 \ ~ C M .~ M ~ ~ CB O v E c a.. C O ~ O r ~ o3c~ sw~ 3 ow o a~ o ~ +-' O \° O 'O ° v +r O O J+ ~ O a) ~~ f6•~ w ~ 3 ~ c ~ to ~ - O ~ ~ w 'C t6 Qp~'~ Y ~-/ U a m O N ~ f6 ti +"O+ _ 3 M IL- ° r°n .-cam. `h c ` CO o C O r ~ f6 ~ O y = O CO o ~ C6 '~ U O~ N y y N ~~3rn~•> (4 "d -C m m M .N C6 .F-O. t/1 N 3 ~ ~ C ~ m C E ~ O m N p ~ ~ R O ~ ~ o mE O-~ O NYO O C~3 7 m ~ ~ OOD C C U ""' ~ ~' I~ O Cp C O ~ ~ M N.C "O Obi O ~ ~ ° ~ O ..-co. ~ ~$ mU o ~'.c U m 3.° ~ o~' O. Y ~ N CQ C yc.+ CO y W r'0... O O p~C~' A C •~ N O (6 ~ fp ~ ~ w- w a ~ ~ s ~ g c ~ y U C •-• U 'O ~~-o ~ m c w O ~ to O = ~ ° "- v ai ~ ~ ~ o o y E 0 0~~ 3 U ~ c .y+ N N .OC L_ O CQ .F'C. ~" N ~ '~ N ~ CA .C ~ o o E E c o N o tU U N •C O .~ r N Cn N O UF-NQQf-r 0 m m m ca a • ~ November 17, 2~6 Department Report MERIDIAN CITY COUNCIL MEETING November 21, 2006 APPLICANT Public Works Department ITEM NO. 6-A-~ REQUEST Recommendation of Construction Manager for Water Division Building Project AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: _ / CITY SEWER DEPT: ~/~ CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: E 'I d• Date: Phone: rT1aI a JTQTr InITIa1S: Materials presented at public meetings shall become property of the Ctty of Mertdtan. November 17, 2006 Department Report MERIDIAN CITY COUNCIL MEETING November 21, 2006 APPLICANT Parks Department ITEM NO. 6-8-1 REQUEST Request for Budget Amendment to Change Two Part-Time Office Assistant Postitions into One Full-Time Position 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: COMMENTS CITY PARKS DEPT: _ Q/ MERIDIAN SCHOOL DISTRICT: ~" ADA COUNTY HIGHWAY DISTRICT: 1~' 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 present®d at public meeflngs shall become property of the City of Meridian. F- Z W Q G D Z W W O V m _ ~ ~ y y U L m 7 y w C ~ ~ ~ O C `~- O m 0.7 W 7~ d U V D• y V t6 ~ C O ~ m o y m O~ y '~ U~ m 3 N~ m w~ m V~ N fop Z Tao 7 C m Y y 3 w U C 3 O. l~0 m .0 O C Q7 O' ~ a 0) C C ~y E m= l0 f0 O m _a m N ~~: 4'a fOw ~~ C roc me o• ~ m a7~ y m mm~' m ~ p X ~ ~ ~ N~ m~ j w O O. ~- (Up ~p ~ ~ C m .D ~ C ~ m ~a ca `o m~ y y N d) ~ o m > ? m ~ ~ G7 m3°•cwmm m °' y ~= E~ ~ ~ m y Q N m ~ ~ 0 ~ ~xOx.O a V 3 N y W r m C 0 .'r"3 'NO ~o y ~ m t m ~ c c ~ `m o C __ y m (p 0 Y tF ~ `~ ~ d d ~ 'CO U ~ ~ m .~ (gyp 0 y~ _O m~ p 0 f0 m p N~ O D. f0 N O) y m d) Np m 0 0~ O~ y l0 O N Q~ N G C N` ~ O. f0 ~p N ~ U O. ~ a O O~~~ O Z •~ w~ y C v,.y m o $'i E E.mn m m o ,y..my,~'~ o c ~a d~ ~ o m c O m OA y~~ (p N U C V 7 a f~0 O' :C ~ w O O H •y V ~ E O (~ 7 ~ ,O O ~. ~ v_7 m y O E~ N L ppc >~ ~- m +~ V~ m U~ ~' 1.0 U Q~ ._.. N m a O y .~ y ~« V y 7 p ~~ m O E y ~~~~ C f~ C p~m.~L> ~1~ ~ mm~oa7co~~.tc y m N N •- f0 C O) m ~~30~,•~~~c3i~gm~ ~ m a~~~~ v m E> a m O m ~m m-~ o.m~ O7~ ~ o,m y~ cmoy~aa~m~ CC p ` yo •' y N O L1 ~ C ~ aQ O` O` += m _v +-1 ~ W y O. ~ N 07 o rnm m am ° ~ io~w m=mom E M E 'o~g.ycao~Es ,,,,yCyC _ O w m~ O m y y F- ~F 07 0 ~ C rL.. f0 O ~ ~ ~ U 'C L r ~ t0 O ~ ~ to II II ao ~ o as u~irn7~n a O W r C! ~..~ ~ ~ r~ ~ W QU LL O O •O O O. Q. as m m c c E E m ~m N t O m V ry.. 3 O C O .C o. 0 a (0 m 7 m y m O O O a w C y O .~ C ~ m a m m ~ a~ ~~ r ~o C N m ~~ m ~ ~~ >. U ~ ~ m O) O n. ~ m N ~ O C ~ N O L O ~ C O. C ~~ m ~oo C O Q m ~ y m~~ vi ~ y ~ (0 •.C7 ~ C > m m ~ L O O '~0 O O C ..0. ~~y E "O y amY m y ~ c o7 .ti. ~ y 7 .L a ~ O m ~. N ~ .ri. c m ~ o ~~~ y U a ~ (Oj O C y ~ m m c € E •°- ~ ~ ~ a y 0 ~ N tmmm m ~ o H d 7 .+ 'O C r~ ~' w } ~ m .7 w 'O C W m E N F - y w ~ V O C m W a e O m J O O I•- c m V C f0 CI~ ~:' U N N a w 7 O y O) C c `o m 7 c m J ~ c O c ~ U a m a a Z W W ~ W ~ Oa ~a J ~ Q ~ UZ Z W QO Z LL ~ W O Ua LL W O~ F OW ZW ~~ ~tl ~~ mj (j m ~ J } F aZ Op U~ OY W U Z W C7 = fn U • • November 17, 2006 Department Report MERIDIAN CITY COUNCIL MEETING November 21, 2006 APPLICANT Planning Department ITEM NO. 6-C-~ REQUEST Request to Develop 5684 Ovlerand Road without City Services 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 atFached ~~ P~ s~ Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • Page 1 of 1 Sharon Smith From: Evelyn Grime [evelyngrime@cableone.net] Sent: Tuesday, November 07, 2006 4:54 PM To: Tara Green; Will Berg; Sharon Smith; Amanda Hess; Anna Canning; Mike Cole Cc: 'Ryan McDaniel ; rjw@ctcweb.net; 'Jay Kaplan ; mperfect@adaweb.net Subject: request for discussion with City Council Hello Tara -thank you for your help today. Our project is a residential subdivision request for the 20+ acre property at 5684 Overland Road (along the north side). This property is located just inside the Meridian City Impact Area Boundary. There is not a contiguous boundary with city limits. The zone is RUT and adjacent to R1. The property is approximately 1400 feet west of the intersection of Black Cat Road and Overland Road. The northern and eastern property boundary is the Ridenbaugh Canal. There is an established pattern of 5 acre lots west and east of this properly along the north side of Overland Road. The subdivision proposes four new residential lots. We have taken or have scheduled the following actions: 1) met with Ada County Planning Development in apre-application meeting 2) met with ACHD on two occasions for technical review 3) met with Meridian City in pre-application meeting last week 4) mailed notification for neighborhood meeting per Ada County requirements for November 14, 2006 5) survey and topography work underway Through these steps we have learned: a) Municipal services are not currently available to the property, projected serviceability date is not identified and some question exists for ability to service given larger area ground contours, and site / area conditions such as the open Ridenbaugh Canal. b) Annexation into Meridian is not allowed at this time given physical context of current city boundaries and lack of municipal services. c) Overland is considered a collector at this location with improvement plans to three lanes for this stretch -compared to other sections planned for five lanes. Funds have not been allocated nor design of construction for improvements started. This is not on the ACHD five year improvement plan, but identified in long range plans. d) Prior to submitting our application for subdivision with Ada County, we need to formally discuss this project with City Council regarding annexation, municipal services, and proposing current rural transitional development that can evolve into residential development supportive of the Meridian City Comprehensive Plan. Please consider this my formal request to be heard by Meridian City Council regarding this proposed subdivision on the earliest appropriate agenda. I have copied those whom we have discussed this project to date to better facilitate discussion. Please contact me if you need additional information at this time or have any questions. With Best Regards - Evelyn Grime PLACE ? Design + Planning 720 Idaho Street No. 20 Boise, ID 83702 208.412.2600 direct Off 422.0180 Fax 422.0181 evelyngrime@cableone.net 11/17/2006 Page 1 of 3 Will Berg From: Anna Canning Sent: Friday, November 17, 2006 9:37 AM To: Will Berg Cc: Sharon Smith; Tara Green Subject: RE: Department Report for 11/21 Will, I only need one Department Report-preferably for the 21St. It should be titled: °Request to develop 5684 Overland Road without city services." The information prepared by Ms. Grimes is the only appropriate documentation. If you let me know which agenda it is on, I will contact Evelyn. Thanks, Anna Anna Borchers Canning, A/CP City of Meridian Planning Director From: Will Berg Sent: Thursday, November 16, 2006 12:36 PM To: Anna Canning Cc: Tammy de Weerd; Shaun Wardle; Sharon Smith; Bill Nary; Tara Green Subject: RE: Department Report for 11/21 Anna, can you get back to us (the City Clerk's Office) about the items discussed below as to what meeting you would be prepared to discuss them. Please give us the proper wording and the appropriate documentation for those items. Thanks so much..... Will From: Bill Nary Sent: Thursday, November 16, 2006 9:39 AM To: Anna Canning Cc: Tammy de Weerd; Shaun Wardle; Sharon Smith; Will Berg Subject: Department Report for 11/21 I spoke with Shaun this morning because he is out of town tomorrow. He indicated that you and he have not had an opportunity to discuss Matt's issue on school and the City's paying for a portion, but he was supportive of getting on the agenda for Tuesday for discussion so that there wouldn't be further delay. He also asked about the following a-mail from Sharon and whether we should have a Department Report on the 21st and then schedule for the Pre-Council on the 28th. From: Anna Canning Sent: Tuesday, November 07, 2006 5:26 PM To: evelyngrime@cableone.net; Tara Green; Will Berg; Sharon Smith; Amanda Hess; Mike Cole Cc: 'Ryan McDaniel'; rjw@ctcweb.net; 'Jay Kaplan'; mperfect@adaweb.net Subject: RE: request for discussion with City Council Tara, Our Comprehensive Plan requires that applicants go before Council to discuss service issues prior to seeking development approvals with the County: "Upon formal request to the City for development that is on property not immediately serviceable with urban services, the City may consider said applications.° That is why Evelyn is asking to get in front of Council. We want to be able to give an idea of how we will respond to the development when/if it is proposed to develop in the County. Anna 11/17/2006 O Page 2 of 3 Anna Borchers Canning, A/CP City of Meridian Planning Director From: Evelyn Grime [mailto:evelyngrime@cableone.net] Sent: Tuesday, November 07, 2006 4:54 PM 7'0: Tara Green; Will Berg; Sharon Smith; Amanda Hess; Anna Canning; Mike Cole Cc: 'Ryan McDaniel'; rjw@ctcweb.net; 'Jay Kaplan'; mperfect@adaweb.net Subject: request for discussion with City Council Hello Tara -thank you for your help today. Our project is a residential subdivision request for the 20+ acre property at 5684 Overland Road (along the north side). This property is located just inside the Meridian City Impact Area Boundary. There is not a contiguous boundary with city limits. The zone is RUT and adjacent to R1. The property is approximately 1400 feet west of the intersection of Black Cat Road and Overland Road. The northern and eastern property boundary is the Ridenbaugh Canal. There is an established pattern of 5 acre lots west and east of this property along the north side of Overland Road. The subdivision proposes four new residential lots. We have taken or have scheduled the following actions: 1) met with Ada County Planning Development in apre-application meeting 2) met with ACHD on two occasions for technical review 3) met with Meridian City in pre-application meeting last week 4) mailed notification for neighborhood meeting per Ada County requirements for November 14, 2006 5) survey and topography work underway Through these steps we have learned: a} Municipal services are not currently available to the property, projected serviceability date is not identified and some question exists for ability to service given larger area ground contours, and site / area conditions such as the open Ridenbaugh Canal. b) Annexation into Meridian is not allowed at this time given physical context of current city boundaries and lack of municipal services. c) Overland is considered a collector at this location with improvement plans to three lanes for this stretch -compared to other sections planned for five lanes. Funds have not been allocated nor design of construction for improvements started. This is not on the ACHD five year improvement plan, but identified in long range plans. d) Prior to submitting our application for subdivision with Ada County, we need to formally discuss this project with City Council regarding annexation, municipal services, and proposing current rural transitional development that can evolve into residential development supportive of the Meridian City Comprehensive Plan. Please consider this my formal request to be heard by Meridian City Council regarding this proposed subdivision on the earliest appropriate agenda. I have copied those whom we have discussed this project to date to better facilitate discussion. Please contact me if you need additional information at this time or have any questions. With Best Regards - Evelyn Grime PLACE ! Design + Planning 720 Idaho Street No. ZO Boise, ID 83702 208.412.2600 direct Off 422.0180 Fax 422.0181 evelyngrime@cableone.net Ball Nary City Attorney/HR Director City ofMeridian 703 Main Street 11 /17/2006 • ~ Page 3 of 3 Meridian, ID 83642 208.898.5506 or 208.898-5503 (office) 208.884.8723 (fax) 11/17/2006 • • Will Berg From: Anna Canning Sent: Friday, November 17, 200610:44 AM To: Bill Nary Cc: Peter Friedman; Tammy de Weerd; Will Berg Subject: RE: Contractor yards in the County Bill, Pete is working on the contractor yard issue. I'll have him give the Mayor and you an update. I thought the direction on the County project was to have it as a Department Report. I suggested to Will that it could be on the 21st given that the letter from Evelyn came a couple weeks ago. I have no particular thoughts as to whether it should be a department report or pre-council. It is a fairly small and straightforward project. I would image it could be covered in 10 minutes, if Council so desired. It could also be a 1/2 hour conversation, if Council so desired. You probably have more insight on the issue at this point. Anna Anna Borchers Canning, AICP City of Meridian Planning Director -----Original Message----- From: Bill Nary Sent: Friday, November 17, 2006 10:37 AM To: Anna Canning; Will Berg; Tammy de Weerd Subject: Contractor yards in the County The Mayor asked about the letter from the Commissioners on this issue. There is one more meeting to discuss prior to the Commissioners discussion. Do you have thoughts on this? Also, do we need to schedule the project in the County for pre-council on the 28th? Bill Nary 1 ADA COUNTY COMMISSIONERS' OFFICE 200 W. Front Street, 3rd Floor Boise, Idaho 83702 (208) 287-7000 Fax (208) 287-7009 Judy M. Peavey-Derr Rick Yzaguirre Fred Tilman Commissioner, First District Commissioner, Second District Commissioner, Third District jpeaveyderr®adaweb.net ryzaguirreQadaweb.net bocci ®adaweb.net ~~ ~; October 23, 2006 Mayor Dave Bieter City Council City of Boise 150 North Capitol Blvd., Third Floor Boise, ID 83702 Mayor Nancy C. Merrill City Council City of Eagle P.O. Box 1520 Eagle, ID 83616 Mayor John G. Evans City Council City of Garden City 6015 Glenwood Street Garden City, ID 83714 RE: Contractors' Yards and Similar Uses Dear Mayors and City Council Members: ~~lB~ ®~FI~E Mayor O. Dean Obray City Council City of Kuna P.O. Box 13 Kuna, ID 83634 Mayor Tammy de Weerd City Council City of Meridian 33 East Idaho Avenue Meridian, ID 83642-2300 Mayor Nathan Mitchell City Council P.O. Box 130 Star, ID 83669 A proposed ordinance amendment to allow contractors' yards in the rural zones of Ada County was recently reviewed at public hearings before the Ada County Planning and Zoning Commission and the Ada County Board of Commissioners. At the hearings we heard testimony that there is a lack of vacant, low-cost, desirable locations for contractors' yards and similar uses. The location of these uses in rural Ada County, where they are not currently allowed, has become our largest enforcement problem. Thus is a county-wide problem in need of a county-wide solution. For this reason, we invite a representative of your city to participate on a committee to explore and provide solutions to this issue. Our goal is to discuss the committee's recommendations at our December 13 public hearing. www.adaweb.net ! ~ Mayors and City Council Members October 23, 2006 Page 2 Ada County will be holding four meetings, with the objective of preparing one or more solutions to address this issue. The meetings will be held: Date Time Location for All November 1 10:00 a.m. - 12:00 noon Ada County November 8 10:00 a.m. - 12:00 noon Development Services November 15 10:00 a.m. -12:00 noon Large Conference Room November 22 10:00 a.m. - 12:00 noon 200 W. Front Street, Boise We believe that by working together we can provide a practical resolution to this issue for each city and the county. Thank you in advance for your participation. Sincerely, C~'"~" Rick Yza , C airman ~7 . Judy M. Pe vey-Derr, Commissioner -~ Fed Tilman, Commissioner cc: Planning Directors Building Contractors Association November 17, 2006 Department Report MERIDIAN CITY COUNCIL MEETING November 21,2006 APPLICANT Legal Department ITEM NO. 6-D-1 REQUEST Discussion of Arts Commission Ordinance AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached ~~~ ~~ Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Cfly of Meridian. C_~ CITY OF MERIDL~N ORDINANCE NO. • 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 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: The following words and phrases when used in this Chapter shall have, unless the context clearly indicates otherwise, the following meanings: ORDINANCE CREATING MERIDIAN ARTS COMMISSION -PAGE 1 OF 6 • # 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 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 withinthe 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. 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 for three-year terms, except that 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 maybe reappointed to serve additional ORDINANCE CREATING MERIDIAN ARTS COMMISSION -PAGE 2 OF 6 • 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. The clerk shall keep an accurate record of all proceedings of the Commission. C. Meetings: 1. The 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. 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 Council regarding the Commissions activities and accomplishments in the furtherance of the objectives of this Chapter. ORDINANCE CREATING MERIDIAN ARTS COMMISSION -PAGE 3 OF 6 • 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 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 J. Recommend ordinances and otherwise provide information for the purposes of advancement ofpublicly-accessible arts in the City. 2-5-6: SEVERABII.ITY: 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 ORDINANCE CREATING MERIDIAN ARTS CONIMISSION -PAGE 4 OF 6 • 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 on 2006. PASSED by the City Council of the City of Meridian, Idaho, this day of , 2006. APPROVED by the Mayor of the City of Meridian, Idaho, this day of 2006. APPROVED: MAYOR ATTEST: CITY CLERK ORDINANCE CREATING MERIDIAN ARTS COMMISSION -PAGE 5 OF 6 ! • NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDL~N ORDINANCE NO.06- ADDING TITLE 2, CHAPTER 5, TO THE MERIDIAN CITY CODE An Ordinance of the City of Meridian adding Title 2, Chapter 5, of the Meridian City Code. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho, Meridian, Idaho. This Ordinance shall become effective upon passage and publication. City of Meridian Mayor and City Council By: William G. Berg, Jr., City Clerk First Reading: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code § 50-902: YES NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 06- The undersigned, William L.M. Nary, `City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 06- of the City of Meridian, Idaho, and has found the: same to be true: and complete and provides adequate notice to the public pursuanttoTdahoCode§ 50-901A(3). 'BATED this day of , 2006. William. L.M. Nary City Attorney ORDINANCE CREATING MERIDIAN ARTS COMMISSION -PAGE 6 OF 6 November 17, 2006 Department Report MERIDIAN CITY COUNCIL MEETING November 21, 2006 APPLICANT Legal Department ITEM NO REQUEST Discussion of Amended U-Tum C)rc~innn~P 6-D-2 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: '" CITY BUILDING DEPT: ~ CITY WATER DEPT: CITY SEWER DEPT: CITY ,/, (, ' PARKS DEPT: a~T r MERIDIAN SCHOOL DISTRICT: -~ ADA COUNTY HIGHWAY DISTRICT: ~,I~ SANITARY SERVICE COMP ANY 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. • f CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE AN ORDINANCE AMENDING TITLE 7, CHAPTER 1, SECTION 8, MERIDIAN CITY CODE REGARDING MAI~NG U-TURNS WITHIN THE CITY OF MERIDIAN; AND PROVIDING FOR A WAIVER OF THE READING RULES AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND 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: A-.R~etri,.~;,..,~. Ar,. T r r-,, .... ,,.. ~,. .w. _ _ ,. ~t, o a;..o,.~;,,,, ,,F~.. t t, tt t. a ~ n ~T T,,,... n ~ • i X0.7 ~ ° " ~ ~' t ~ ..a..a o ~i~ -wr G-cr ccccc~, r to att-at- 'W ~ ~ ~ ~ i t t a i t 1 1 , ~ o „ .~, .~, a.a ca~ t.~ t~A C~t}}L ~ tt it ., ~o ~ „ aw v .~uv 4t.. , .,.«. „ t ,~,,,+ a .au ai o ~ ..,., ~;~... .,1 ~ .a ~~ ..4..4„ 1.. ~...... .. ~....ra a___ __ _ _ :~_ _ _L A. Restrictions: 1) No U-turn or turn reversing the direction of travel shall be made• a) at anv intersection in which "No U-Turn" signs are erected nor t'`~ + ~X1~ititt~xc€~rtinn ~t ~:~li• t+ +t+ ~« +~ 1 1' 1,~ b in a designated "No ap ssing" zone• or c) within a "School Zone" as defined by the Meridian City Code• or d~ at any place other than at an intersection, ~ unless there be sufficient space to make such turn without backing or impeding traffic, wand of not less than five hundred ~500~ feet of roadwav with a clear and unobstructed view by drivers from either direction a ro er signal is made, and said turn can be performed safely B E92i46@ ~: ln,.,t cn~ ~ ~ t nQn~ For the purposes of this ordinance "safely" shall mean that the party making the U-turn or turn reversing the direction of travel shall be responsible to establish that this maneuver can be made with due care to drivers and pedestrians at adjacent to or upon the roadway 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 U-TURN PROHIBITION -Page 1 of 2 Section 2: That pursuant to the afFrmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this _ day of , 2005. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this _ day of , 2005. ATTEST: MAYOR CITY CLERK U-TURN PROHIBITION -Page 2 of 2 • '~ November 17, 2006 Department Report MERIDIAN CITY COUNCIL MEETING November 21,2006 APPLICANT Legal Department ITEM NO. 6-~-3 REQUEST Discussion of Doa License Ordinance AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: I IA l 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 presenf~d at public m®®Hngs shall become properly of the Clty of M®ridian. CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE AN ORDINANCE AMENDING TITLE 6, CHAPTER 2, OF THE MERIDIAN CITY CODE REGARDING: DEFINITIONS AND CITY OF MERIDIAN DOG LICENSES; PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the health, safety and welfare of its citizens to track and regulate dogs within the City by providing for licensing thereof; WHEREAS, authorizing the Idaho Humane Society, veterinarians' offices, and pet product vendors to issue City of Meridian dog licenses on behalf of the City will facilitate dog owners' compliance with City dog licensing requirements; WHEREAS, the City of Meridian dog license fee schedule should be updated to appropriately reflect costs of administration of the City's licensing program; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 6, Chapter 2, of the Meridian City Code is amended to read as follows: 6-2-1: DEFINITIONS: As used in this chapter, the following terms shall be defined as in this section provided: ABANDONMENT: It shall be unlawful for any owner of an animal or his agent to abandon said animal within the city limits. Abandonment means the desertion of said animal for more than thirty six (36) hours. ANIMAL: Every domesticated and tame living creature, except members of the human race. AT LARGE: Off the property of the owner and off the leash, cord, chain or effective control of a responsible person. CITY OF MERIDIAN DOG LICENSE: A valid current dog license issued by the City of Meridian or its licensing designee. CITY OF MERIDIAN DOG LICENSE TAG: A valid current tag issued by the City of Meridian or its licensing desimee which tag shall signify that the do wearing it is duly licensed by the City of Meridian. AMENDMENTS TO DOG LICENSING ORDINANCE -PAGE 1 OF 8 • CONFINED: The dog is restricted to the property of the owner by leash, cord, chain or fence barrier. CRUELTY TO ANIMALS: It shall be unlawful for any person to allow fighting, torturing, beating, starving or other mistreatment of any animal in his care or charge, whether belonging to himself or any other person. Any animal so treated may be impounded for its protection and disposition. DOG: Includes both male and female member of the canine family over the age of six (6) months. OWN: to be the owner thereof or to keep harbor or possess• or to accept or maintain custody control, or care thereof. OWNER: Any person owning, keeping1 e~harboring, or possessing an animal or acce~g or maintainin custody, control or care of an animal. VETERINARIAN: A graduate doctor of veterinary medicine licensed to practice in the state of Idaho. VICIOUS DOG: Any dog whose behavior or actions fall within one or more of the following shall be declared a vicious dog: A. Any dog which, when unprovoked, in a vicious or terrorizing manner, approaches any person in apparent attitude of attack, which placed a reasonable fear in such a person that such violence was imminent, upon the streets, sidewalks, any public grounds or places, or private property not owned or possessed by the owner of the dog; or B. Any dog which, when unprovoked, attacks or bites another person or other domestic animal upon the streets, sidewalks, any public grounds or places, or private property not owned or possessed by the owner of the dog; or C. Any dog with a prior history or documented incidents of attack orbiting of persons or other animals, or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of persons or other domestic animals; or D. Any dog owned or harbored primarily or in part for the purpose of fighting or attacking people or any dog trained for fighting or attacking of persons. Notwithstanding this definition of a vicious dog: A. No dog maybe declared vicious if an injury or damage is sustained by a person who, at the time that such injury or damage was sustained: 1. Was committing a willful trespass or other crime or tort upon the premises occupied by the owner of the dog (this does not require the owner to be present at the time of the unlawful trespass or other crime); or 2. Was teasing, tormenting, abusing or assaulting the dog; or 3. Was committing or attempting to commit a crime. B. No dog maybe declared vicious if the dog was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault. AMENDMENTS TO DOG LICENSING ORDINANCE -PAGE 2 OF S • C. No dog owned, maintained, or kept for work as a law enforcement dog, either currently or retired, maybe declared vicious if the action that would be so defined by this definition, took place while the dog was acting within its capacity for law enforcement purposes. 6-2-3: CITY OF MERIDIAN DOG LICENSE A. City of Meridian Do$ License Required: It shall be unlawful for any person to owner; v°°~ °~' "°°°°°~ a dog which is more than six (6) months of age within the sCity without first procuring a City of Meridian dog_license therefore as provided by this chapter; provided, however, that the provisions of this chapter shall not apply to any person visiting in the sCity for a period not exceeding thirty (30) days, and owning er-pes~s~s~ieg a dog currently licensed, and bearing the license issued by another municipality or other licensing authority. B. Collar; Tag: , . Every dog owner shall cause his dog to wear at all times, a durable, secure collar bearing a valid City of Meridian dog license tam C. Imitation License Tag: It shall be unlawful for an~person to cause or allow any dog owned by him to wear a license taa issued for another dog or to wear any imitation of a City of Meridian dog license tag: D. Certificate of Rabies Vaccination Reauired: No City of Meridian dog license shall be issued without presentation of a valid rabies vaccination certificate issued by a licensed veterinarian A rabies certificate shall be considered valid only if presented• 1. Within one (1) year from the date of issue where the dog was less than one (l~year old when vaccinated; or 2. Within three (3) years from the date of issue where the dog was one (1 or more ey ars of age when vaccinated. ~E. License Term; Fees;-~~: 1. License Term: All City of Meridian dog licenses shall be valid only in the calendar year issued and shall expire December 31 of that year. 2. City of Meridian Dog_License Fee Schedule: a. General License Fee: The owner , ~..~..J j'..a.aao vc , ~y" °""" °~ ""° ° °'''°~ ~°~~~~- °~°r°° of any dog, except as otherwise provided in this chapter, shall make application to the sCity for a City of Meridian dog license and shall pay a gal license fee as follows: Non_neutered male dogs_ AAA Twenty-one dollars ($21.00 Non_spayed female dogs_ ~8A-Twenty-one dollars ($21.00) Neutered or spayed dogs_ ~59Sixteen dollars ($16.00) Vicious Dogs: One hundred dollars ($100 00~ AMENDMENTS TO DOG LICENSING ORDINANCE -PAGE 3 OF 8 • The City or its licensin designee shall allow the payment of the license fee for a neutered or shaved dog only upon the dog owner's presentation of a certificate of neuter or spay issued by a veterinarian or by the Idaho Humane Society b. Exceptions To License Fee: (i) The owner of anv dog used by a visually impaired hearing unpaired or disabled person and used as a seeing eye dog hearin eg ar do or ide do shall not be required to pay a license fee. The City or its licensing designee shall allow this exception to the license fee only upon the dog owner's presentation of certification of the doa owner's visual or hearing impairment or disability by a licensed medical doctor. (ii) The owner of anv dog in training to serve as a seeing eye dog hearing ear dog, or guide doa shall not be required to pay a license fee The City or its licensing designee shall allow this exception to the license fee only upon the dog owner's presentation of proof that such dog is in training for such ose 43. Lost Tags; Fee: A charge of five dollars ($5.00) shall be made for each lost Ci of Meridian dog license tag reissued by the sCity or its licensing designee. The City or its licensing designee shall reissue a dog license for this fee only_pon verification that the license tag sought to be replaced is for a current and valid City of Meridian dog license which verification shall be made by reference to the official log(s) of the City or its licensing desi ee(s). r r b ~ +~ l..° 1;,.°<.~°,] ~ „11<..,~ .. F~St-t6-~~6ii~''ix~'rai sisse~6~@-~6 T 1'~ - ~ .a - ~~ b `*~~ „a~ F. Issuins Authority: City of Meridian dog licenses may be issued by the City Clerk Police Department, or Animal Control or by a licensing desi ee duly authorized by the City as set forth in this chapter. G. Monthly Log; Unissued Tags: Each City department issuing dog licenses shall kee~a monthly log of all dog licenses issued which log shall include the following information as to each dog license issued: AMENDMENTS TO DOG LICENSING ORDINANCE -PAGE 4 OF 8 • • 1. Date of issuance: 2. Dog license tag serial number 3. Amount of license fee aid• 4. Name, address, and telephone number of dog owner 5. Description of dog to be licensed• and 6. Verification of documentation of do owner's com liance with all provisions of this title including, but not limited to, rabies vaccination certification spay or neuter certification if paving reduced license fee for spayed or neutered dog proof of dog owner's age and spay or neuter certification if pang reduced license fee for owners sixty-two (62) years or older, and/or certification of visual or hearing impairment or disability if seeking exemption from license fee. Each City department issuing dog licenses shall on a monthly basis no later than the fifteenth (15th) day of the month following the month for which fees are collected and the monthly log is completed submit to the City Clerk all license fees collected and a copy of its monthly log. T'he City Clerk shall conduct an accounting to determine that the fees remitted correspond to the number and a of dog license tags issued by the City Department accordin to the monthl to .Each Ci d artment issuin do licenses shall on a earl basis, no later than the fifteenth (15thLy of the January immediately following the expiration of the prior license year submit to the City Clerk all unissued dog license tags H. Licensing Designee: In order to facilitate the licensing of dogs within the City of Meridian the City may enter into agreements with the Idaho Humane Society veterinarians or vendors of pet products doing business within the City of Meridian ("licensin desi ee" which agreements shall authorize such licensin designee to issue City of Meridian dog licenses on behalf of the City, except that no licensing designee shall be authorized to issue vicious dog licenses. Such agreement shall s ecify the serial numbers of all dog license tags provided to the designee. Such agreement shall also include the following terms and conditions• 1. The term of such agreement shall be from January 1 to December 31 2. The licensing designee shall agree to issue City of Meridian dog licenses in accordance with all provisions set forth in this title 3. The City shall agree to provide the licensin designee with official City of Meridian dog license tags, to be issued only upon verification of compliance with all provisions of this title and ~a ent of the appropriate license fee 4. The licensin designee shall agree to keep a monthly log of all City of Meridian dog licenses issued, which log shall contain the following information• AMENDMENTS TO DOG LICENSING ORDINANCE -PAGE 5 OF 8 a. Date of issuance of dog license• b. Dog license tag serial number c. Amount of license fee collected: d. Amount of administrative fee retained• e. Name, address, and telephone number of do owner f. Description of dog to be licensed• ~ Verification of documentation demonstrating_dognwner's compliance with all provisions of this title including but not limited to rabies vaccination certification, spay or neuter certification if paying reduced license fee for swayed or neutered dog, proof of dog owner's age and sway or neuter certification if paving reduced license fee for owners sixty-two (62) years or older and/or certification of visual or hearin im airment or disabili if seekin exem tion from license fee. 5. The City shall agree that the licensin desi ee may retain as an administrative fee ten percent (10%) of each dog license fee collected on the City's behalf 6. The licensing designee shall agree to remit to the City Clerk on a monthly basis no later than the fifteenth (15th) day of the month following the month for which fees are collected and the monthly log is completed• a. All dog license fees collected on the City's behalf in the previous month less the ten percent (10%) administrative fee kept by the license desi ee• b. A copy of the previous month's log of dog licenses issued• and c. Other information as required by the City Clerk 7. The licensing designee shall agree to remit to the City Clerk on an annual basis no later than the fifteenth (15th) day of the January immediately followin the expiration of such agreement: a. All unissued dog license tags from the previous vear• and b. Other information as required b the City Clerk 8. The agreement shall stipulate that upon the licensin designee's remittance of fees logs and/or unissued tags, the City Clerk shall conduct an accounting to determine that the fees remitted correspond to the number and type of dog license tags issued by the AMENDMENTS TO DOG LICENSING ORDINANCE -PAGE 6 OF 8 • • designee according to the designee's log The designee shall agree that in the event of a discrepancy between the loa fees remitted to the City, and/or unissued dog license tags the designee shall remit to the City an amount of money sufficient to rectify the discrepanCY 9. The City shall include in such agreement any and all other terms it deems necessary and/or in the best interests of the City 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 on 2006. PASSED by the City Council of the City of Meridian, Idaho, this day of 2006. APPROVED by the Mayor of the City of Meridian, Idaho, this day of 2006. APPROVED: MAYOR ATTEST: CITY CLERK AMENDMENTS TO DOG LICENSING ORDINANCE -PAGE 7 OF 8 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDL~IV ORDINANCE NO.06- PROVIDING FOR AN AMENDMENT TO MERIDIAN CITY OPEN BURNING AND CLEAN AIR ORDINANCES An Ordinance of the City of Meridian amending Title 6, Chapter 2, of the Meridian City Code. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho, Meridian, Idaho. This Ordinance shall become effective upon passage and publication. City of Meridian Mayor and City Council By: William G. Berg, Jr., City Clerk First Reading: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code § 50- 902: YES NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 06- The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 06- of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50- 901A(3). DATED this day of , 2006. William. L.M. Nary City Attorney AMENDMENTS TO DOG LICENSING ORDINANCE -PAGE 8 OF 8 • November 17, 2006 Department Report MERIDIAN CITY COUNCIL MEETING November 21, 2006 APPLICANT Legal Department ITEM NO. 6-D-4 REQUEST Approve SWAC Recommendation on the New Playground Equipment at River Valley Elementary for $12,000.00 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See aRached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. u • Sharon Smith From: Will Berg Sent: Thursday, November 16, 2006 12:29 PM To: Tara Green; Sharon Smith Subject: FW: Agenda Item -----Original Message----- From: Symantha Miller [mailto:symiller@sscwaste.com] Sent: Thursday, November 16, 2006 11:35 AM To: Will Berg Subject: Agenda Item The Solid Waste Advisory Committee reviewed and approved funds for the following application: River Valley Elementary PTA, $12,000.00 for the purchase of playground equipment. Please place this item on the agenda for the City Council to review on November 21, 2006. I will provide copies of the application for the Council to review in advance. Thank you, Symantha Miller Sanitary Services Co. 1 2~~~ ~~ . '~~ ~ °iYy of Nleric~ia~ CommunHy RecycNng fund Appdcation ~~it~ C1~~~ ®ft'ic~ this appacation is to be completed by organizations applying for community recyc~ng funding. PHt~e trots: We can oMy coru[der opp8caborrs for pra jech w8tdn Mefldion cRy ln~; wMch pertahr to rocyc which have a 1:1 motclr~p compor~errr; which cordate recycled corded M appllccab~; and ccnr have o ~ pNced on or new the project Brat B was funded in part t>y the Msrtd~n curtwide recycttr~ prc~ram. Please return completed apppcatton to Sardtary Services, Co. 2130 W. koniclin Road, Meridian, Idaho, 83642 ar fax to 888-5052 Orgar~zation Nome Address ~~ a ~Y Contest Name and 1'iNe Ph`/l/ Ci/~ Descxtbe ~P~rPose. Attach ~s~~~ ~~~~ Total funds requested w~ Oa O Total astimat~cost of project a~ ~ ®~ ~ "~ ~~ Describe how the community recyc~ng Punch wDl be used, how the matct~ng contribution vviq be determined, and the schedu~ for the project. Attach additional sheets if needed. ^ • + i. w- ~ Perron t~1e have ~ +~ r* ~/ ,~~~ ~~, ~ Zip Code 6~ ii~~ I~ ~~,~, 1 S ~7. Describe the communfty recycling arctivity you would ~tce to hove supported. Attach additional sheets tP Headed. A • Ou-Y CDKMUn~~ , a.r, ac. its ~-e~irt fo ~ ,mod tc // uo(ti~ • ~. ~ s~,~ a ~1~,' /O ~,e~ ~.e GtJ Gu-~c~ ~ / l ~ 7 ~ !J/~lo l1l'~'Un / ~1~4'd71 r~ ~ ~ 5 ~ ~r~.~ °~' ~ a~i 1 rc c~. ~~ rn~ 4-Qs~ Q~d ~~ ~x~.~u-n1 ~ ~- ~f11.~ ~ ifs ~e~ ~~ ~ ~'~ c~ ~.~~, YG~ ~2 ~ r~,~-mss ~J This letter is per request The City of Meridian Sanitation Department We are resubmitting our Community Recycling Application for River Valley Elementary. At this time we are able to match the ~ 12,000 grant requested. Please see attached bank statement C e~ d CQ a A C 7 ~_g W C 7 o a Z V O Q N a ~ ~ N O ~ ~ m `~ ~ °''' a ~^ _~ ~ N ~ c~ (Q V C ~~~ V m ZI E O •U cd «I D H O ~~ m ~ ~ N ~ ~ S 61 N ~ ~ ~ t fG t0 0 N ~ ~ 1~ ~ lh r p ~~pp ~~pp ONO O l0 t0 O ~ ~ , t p g o ~ ~ ~ ~A ~ p V P .~ ~- co 0 0 M Y- C C C C C U U U U U ~ ~ ~ Q Q . _ _ I ~ 'U N y ~ U y ~ ~ ~ I 4 ~ ' I .+ t .. ++ ~ ~ ~ ~° n. ~ ~$. tq 'i i ii ~ r e ~ ~ ~~ ~ c Q E aa.- a a a ~ a c ~ Z ~ S U I ~ ~ N N r ~ ~ m m U U a w 8 tQ ~ 4 H ~ f g o ~ ~ ~ o f m o 0 0 o O G O • ...; ~ ; ' ~` ~;:,;~= ~' E_:: :.. Sheet Roofs, Tubes and Panels • 25% - T5°k recycled steel . 40'/0 - 90°10 of the steel is mrecyolable Packaging • Pallets: Manufactured using 100% hardwood lumber, meeting the standards established by USDA Foreign Agriculture Service and APHIS • Packing Peanuts: 100% biodegradable • Cardboard: 1'00% biodegradable Steel Posts, Climbers, f3an iers ar~d Componerrts • Up to 50% tBCyded steel • 95°!0 - 98% of the steel is recyclable PerForated Steel Decks • 25°10 - 75°k recyc~d steer .• 40°~ - 90% of the steel is recyclable Spring IMtateso, Post Caps and' Steering Wbeel • 10D°lo recycled Aiumi~trm Clamps, Tees, and Deck Hangers • 40% recycled aluminum _ ktumlrrfm Posts • 100% recycled aluminum Border Timbers • 1.00% %ecycted and recyclable plastic Cushion Playi° • 100% recycled rubber tires ®2oos bona sir inc. Pmywald' is a brand of Playworid sy, bn~ ae~ea~-Re~7rd.e `,~T ~, W `O ~ ' 41 ~ ` Q o cs, ~, G}~I ~ N `t ;is N p~,~ V {I- F+• ~tiy " 1 (~~ f ~'1 + ~` /~ lW c1 ~'s,~. "t 7 _: t1i ~~ }_f y ~i ~~ ~~~ ~ ~`~ `... '~ ~ y~O ®~ a o e -, w ~ -~*•e i<`~ s o~ ~~ e [~ w a_ .. Rm r .. 9 ~* m a -s a ~ ~. m 3 c~ d ~W~.. .. 4 m N ,n c~ _ n I d~ I n° Z ~ Z(A1 d' I I I I I I I I O> _ I Fr-~ _ I I m ~~ I I ~ e°'~'°o ~ ~ I ~~ s, I _ g8 g I: ~~ m ~ ~ ~ D ~ ~ ~ ~~~/ ~ ~\ ~ ~ ~ ~ ~. o So" ~ ~ a~" \~~ ao ~ r~i = i ~- ~ ~ ~ ~ ~ ~ i m ~ ~ i m \~ ~cAi $o m ~ ~ ~~ r7r m a c~ z ~~ ~ N cn v ~ ~ O ~~~ ~ cmp ~ \~~ ~ ~ ~ ~ x ~~ ~ m~ i ~ ~ ~ i ~ i ~ i ~------ ----J 0 x ~ >~ ~ ~~y ~~~~~ ~ ~~ ~§ ~ gg 3 .J9 J 3 ~S6 ~ a ~ ~ ~ 6~ ~~~ ~~~s .~~~ ~ Sg ~ ~~ ~~ g ~ ~~ ~ ~ ~~ ~a ~ O ~~ m m ~~ ~~ - ~ ~~ :~ f~ i ~`~°x. ~ '~~ mow. 'i M' 1 5 °d ,yq ' ~. ~~at r.; y -~:> ~~i ;-r i ~ ~~, r 'ii.,, h , Lh r ; `' ~ ~ : 3i~,Y + r , . i f .a -~ " i i t ,`~ _ ~~ 1' eY $ ~`<' ~~; #. W ~ r,w. ~ ~r - x r k~ h 1 ~; {{ ' i ti .' ',M` ~*i?~~*i F~~r. ~~ ~1 4~'-, ,,1 ~; ~. ~ .: ~ M ~ ~ ~~p ~ ~ ' S A • A . ~ O C!. ~ m °~ ~ 3g oa ~ C O it N C a 1 S 3 r- C N 3~ 3 d ^P A Vl E _..~ ~` ~ ~~ 1. r r~~`s~`~ ~" . *; ~~, F '_ ~: ~~. r '~' ~,>. ~- ._ ,i i s e ~~A ~~ S } W ~~ W i~ t~ « t M~ ~~ 6~ ~~ a ] ~ ~i c +• .a ~1 ~ UOTA . PLAYGROUND EQinNT Q HECREATION IDAHO-Alu Yarrla86~ ,+ a. ,, ~: PM89Z34, I94 ~ FldrvkvA9~ae ~ ~'" Td(20F)166bffibTo®Fue~?T9.9718 ~"lr~0 F~~ www~ R1VER VALLEY ELEMENTARY ATTN: WENDY ROSENTHAL 29001AST RIPER VALLEY STREET MERIDIAN, ID 83642 061565.IDA PLAYWORLD CHALLENOBR CUSTOM DESN3N WCLUDES 1 1431 8,400.00 8,400.00 ROCKBLOCKS 310, RUMBLE SEAT SLIDE, CURVED BALANCE BEAM AND TURBO TOWER ' POST COLOR: COMPONENT COLOR: PLASTIC COLOR: ROCKBLOCKS COLOR: (SPECIAL SCHOOL DISCOUNI~ -1 (42Q.00j • NATK)NAL PLAYGROUND SAFETY IDiSiTCUTB CERTIFIED FROFESSIONAL W5TAILAT[ON. EVSPALIER S NOT RESPONSffiLE FOR A9ARICIlJG UTII.iTY LINES IF EXCAVATION IS DONE HY SOMEONE ELSE OUR DVSTALLER LS NOT It~stallatioll 2,520.00 . RESPONSIBLE FOR HAULING AWAY DIRT. EXTRA CHARGE WILLAPPLY FOR SEVERE DIG(IQ~IO CONDITIONS OR IIT IIISTALLER DOES NOT HAVE ACCESS TO SCTE FOR HEAVY EQUIPMENT. $uh.Total 10,500.00 IDAHO SAL&4TAR EREl1lTTIONFQBAq MUST BS PROVIDISDA~ T)Til~ OFOHDF~ ORSAid-STA%WOULDAPPLY. Sales Tax ~ EXEMPT ~ Ft~eitght 952.00 TOTAL 11,452.00 a~-w •••••. •••••• • m...a~aum nwace cna~ge elt a11.~u. lfuyer agrns tD pry te~>taUle atloraey Pees s~ caHeedon ~ sus'~'TAxw~"H.LC°°s~+~ct~sv~~~A~c~PYOx~Tez>!~TlorlcFa~T~cATEwHS1vPr.~cnvcTHEOi~D~n. DISCOYlNIB ARE VALID ONLY WH~TT IIWOICESARE PAID RRI70Q1 TEltM3. ~ eommaaka~8 ~, Nooo ~ ~~~d~mivesbbemcntoftlrccoatractlxitran3ellersndBoYa'anda0prior~vrluma~oral 6y Seller to s+ulre aqy tdi or dill'er~t repro, aramiaai orwamaHea. • M~AUPset~Ere~~a soarr.ne.. ~...Jv..,. - - ~_n~._~ Rl?CRF.ATHHV IDAHO - Alum YarrL~a PMB ii234,104){ Fa4vlew Aveene M~Idhn.ID 8364E Td (Zt80 466~6Z26Toll Flee(800j 7T9-0748 ~DAuO Fa:(E08)~66.6866 ~M~~77 www~ RIVER VALLEY ELEMENTARY ATTN: WENDY ROSEM'HAL 2900 EAST RIVER VALLEY STREET MERIDIAN, >D 83642 STR QUOTATION OS1724.IDA PLAYWORLD CHAL[.ENOER CUSTOM DESIt3N POST COLOR: COMPONENT COLOR: PLASTIC COLOR: ROCKBLOCKS COLOR: 1 1824 9,245.00 9,245.00 (SPECIAL SCHOOL DISCOUNI~ -1 (826.00) NATIONAL PLAYGROUND SAFETY IIdST17'UTE CERI7F~D PROFlSStONAL 1NSTALLATK>rl. JSTALLER IS NOT RESPONSIBLE FOR MARKING UTIIITY~LIlJES. IF EXCAVATION i$ DONE BY SOMEONE ELSE OUR ESTALLER IS NOT Instell8tiotl 2,77$.0[) RESPONS[BLE FOR HAULING AWAY DIRT. EXTRA CHARGE WIII. APi~.Y FOR SEVERE DIGGING CONDITIONS OR ff INSTALLER DOES NOT HAVE ACCESS TO SITE FOR HEAVY EQUIPMENT. Sub-Total 11,194.00 IDAHO 8ALE9 TAS 1~IPTiON FORM MUST B8 PROVIDEDAT TIIbE OF ORDffit OR8ALB8 TA% WOUIi.DAPPLY. Salto Tex E711;MPT Freight 1,066.(10 TOTAL 12,260.00 MARCH 29 2006 JULY 29 2006 ANN DALTON THREE TO FOUR WEEKS ARO COMMON CARRIER AND CONDITIONS• • Bn~lanx~d~~~p i~ 0 kl b s a ~ com_ piece. A on a~ a ~r • ~TAXW~B.LBEQ • DISCOUNTS ARE VALI • c°mm 1~io peas ManaFietnrer~a werrmii or priorwrittm and oral ~ent~aiaU 6e, of or offer r Wat an espy spy ~, >~'er's sad ud adadve rempiy for 3elkr's option, or t offhe p~actara rdasd dg~y~a parymenfs for the ~ta ~~tu3'spLMeof6~orotherraaonahledat~tloa.Innoereent Went M the cvent~ arapina oocasion~ stttlsca, lociooafs, acddeais, fh~a, ddala Mcoon or ~o~ ~amteaoyiwar ~ d~1ta~ ~ t,w~rm apy y ighteordaBea~Wla SA~grammte~ wRhontSeDa'aprbr wnaent. TLisAgra~t~altLe~goy~~ed ACCFRIED BY BUYI;Ii: r» . DAT&t W S~ -~~EPARATION AND SU~"ACIl~TG oUOTATI N RECREATIONIDAHO-AhaYaniogtoa Uj ' PMB 623,184 E. Faitrvkw Avenue MwitRaa, ID >Xt642 s ' ~HD Fad 4666886TH Froe (808) T/9-07~8 ~rww RIVER VALLEY ELEMENTARY ATTN;: WENDY ROSENTHAL 2900 FAST RIVER VALLEY STREET MERIDIAN, ID 83642 RIVER VALLEY ELEMENTARY 2900 EAST RIVER VALLEY STREET MERIDU#N, ID 83642 WOOD WOODCpRp~ ~, WOOD F®ER SAFE!'YSURFACING -INCLUDES 130 CARPET LIABILITY INSURANCE, LIlvIITED PRODUCT WARRANTY 8t DELIVERY TO SITE. CU TO M8E!'A31'AI Rf9ct 99 fADA ypS AI'V~Caetoa r..., ' ~4.Li~lUATI9N S~EG9. tvn ecrM g~ r.. ~ ~-~x ~ ~ WOOD FIBFR FABRIC WOODCARPET SPUN POLYPROPYLENE GEOTEXI7LE FABRIC, 6'X250' ROLL EXCAVATION EXCAVATION OF 2700 SQUARE FEET 16" DEEP (4S X 60~ DRAINS FOUR 18"X48" DRAINS INCLUDES ROCK CURBING 8° X 16° CONCRETE CURBIIYG 165 CONFAB FEET (3 SIDES ONLY) RAMP s x s' CoxcRETE RAMP • NATIONAL PLAYGRO[>TID SAFETYlNSTI'!'U1B CI~t1g!®pRpFE~dQNAL IIVSfALLATION. II~fSTALI.ER IS NOT RESPC?NSIBLE FOR MARKING tlTILI1'YLINES. EXTRA CHARGE WULAPFLY FOR SEVEREDIGOING CONDITIONS OR IF INSTALLE7t DOES NOT HAVE ACCESS TO SITE FOR HEAVY E(2UE'MENT. !' IDAHt~ SALLR TA%13~TION P~DRM MUSTBE PROVIDBD ATTIIKE OFO$DF,R OR9ALES TA% WOULDAPPLY. 1 i are or 3 I 1 1 13.00 1,690.00 149.00 q47,~ 2.977.00 2,977.00 ~.~ 400.00 2.946.00 2.946.00 300.00 WIa.4Mtla6o4 300.00 600.00 Sub-Total 9,360.00 Sales Tax EXEIy~ Freight 400.00 TOTAL 9,7b0.00 ~ ~ PaY aid Baya~a~ are is ikn of~l/3 dle~ rp rmui~w~IDbc~~ rorney faa asd eori PLACINGTI3EOBDER. afl 1-~writien aad oral ~ ar onf~~~~' ~ ~ trd a~fracttonbboyyr prlar ora~aaAtobcgoveraed ACCEPTL+p 13Y Bi1YER: DAT& ~ ~ Sharon Smith From: Will Berg Sent: Thursday, November 1B, 200612:29 PM To: Tara Green; Sharon Smith Subject: FW: Agenda Item -----Original Message----- From: Symantha Miller [mailto:symiller@sscwaste.com] Sent: Thursday, November 16, 2006 11:35 AM To: Will Berg Subject: Agenda Item The Solid Waste Advisory Committee reviewed and approved funds for the following application: River Valley Elementary PTA, $12,000.00 for the purchase of playground ec~{uipment. Please place this item on. the agenda for the City Council to review on November 21, 2006. I will provide copies of the application for the Council to review in advance. Thank you, Symantha Miller Sanitary Services Co. 1 • ~ ~ ~ ~ ~ ~~ • NOV f 6. ZQOb • • • ~ ~ • • 'its> of Meg-idian Commurtily RE~cyc~l'!g ~urni App~caMon ~ ~fGtty C1erL; Office 'this appR±otlOrl is to t79 let®ad tyy ~~ 8 for COmmuNty ~ risms ,wi.: We aan oNy capttllar ~ •for pub win Nt~an try rah; wMds puiab >ta ~ wldCh hams a 1:1 modCldtq campoes~ wtdch conta8n nctrcbd i>r apprtcable; and can bare a ~ placad on or naar ~ p~ stabp ihaf lit was fwtdad b part • • bjr the Mean c rocyalt~ proprom. Pied return completed dpplfcc:ati~ to SaNtary Services, Co. 2130 W. kdrtkiln Rood. Mer~aull, Idcrtw. a'i642 ar trot to 888 5052• - orgami>stta, Name ~ ndt~as ~ cny ~ a- co„t~t lVa~ and TIHe ~-J~cc. ~• Totd 1 requested ~ Ga D Total estkrwte~ c~cest r~proJect•~ Ot3D '~ ("1CSb~ t?e-salbe haw the corr~rr~ty recYcQrq rands tndl bs used. haw the matching cortiriiouti~ vvi9 bs J detem'~ed, and the fix the project: Atttach ~tianal sheaf if r~eded. U ~~ ~9~^~ x+P cods .~ d~~ Demme the cvnnmuniiy recycrtrtA C~ciivity You v+ro~d 18te to hw®arpptxted. Attoch additional s>'wets if , • • i ~,,., d i~`5 Ye~m. ~'a n i l~Pnr~""~ °~' re 9 6-~-uo~S ' ~ p u/~l-un I ~l-+~ ~c.'eu~J~.. ~~5 ~~~5 G~ L Wuc~d 1 iK~ ~' ~~~~ct rr,o~ ~jocv~s ~ a~ fr1r~'Ma/' 1(~, dui' ~ ~`~`r-_ ay' ~, ati.ol- ~a~~ct ~- `~~ . 'YL~ h ~ ~ diY~" G- ~"r' a'`'''~' .L - r • • .~ i' This letter is per request The City of Meridian Simon went. We are zesabmitting our Cammeumity Recycling Applicetaon for River Valley Elemen0aty. At this tone we ere able to match die S 12,t?QO grant requested Please see attached bank . . ' ,-+ 4 r. A a F a Ip OnD~ N ODD 0^D ~~~~~~ csm ai ~ m ~ r m r r ~S ~~~~~ ~ h r w W O O fii N ~s a~i U g ~~. r ~~~~~ ~~~ ~ w a~ ~ ~~ ~ ~ '~ d~~ ~ ~ ~ c' ~ ~~~ ~ ~~~ ~~~ ~ ~ a S ~R~ ~ ~ ~~~ ~ ~ ~~ ~ ~~ r m~~ ~~ .ti ~~~Vv ~3 .-~ 1 .~. F O n ',~' ~' _~ M N c 0 ~; `1 i3 .~ .~ 'r;r~ v` ~ .:~.~•j~. .~~, ... - .. .;;; Packaging • Patios: M~artufochmed using 10096 hardNrood lumber, me~irg fire standards hexf by USDA Foreigi't trltuna Service and APHIS - Packing Peanuts: 10096 bbdegr~bls Steel RcaPs, Tubes anal Panels •2596 - r5% reryde<i t3teel • ao96 -9096 of the steel israWe Stsel Poste, Cihnbene, Barri~er~e and Compar~ntea • Up tO 5096 necyaed steel • 951°A - 98gb of tt~ feel is rtscyclable Perforatsd~ Stt:el Decks •. 2596 - 7596 recyded s~ • 40% -9096 ~` ~ steel is rite Sptrbfg Mates ;Poet Caps ana leering Wheel • 100% rpCyd~d Aiumbtum Clamps, Tees, and Deck Hangers • ~t096 recycled aiturttrtum Alumirtbtr Posts • 100°~o recycled alumUtum Border 7imber~ • 10096 reryt:led arts rye plardiC Cttettiwr Play' • 10096 rtayc#~i rt~er tines o2oos,~ t~wo,a- ~ a ~+a at t~laywodd syam~, tna r 1 i r i .,~oe,ess~os~~e~er _.~._______~__ .4~ ~ .~"r' n~' a ~~ n'3 o ~~, F N '" b i `~ ~~ c~ ~_ ~~ • v ?i s ~i ,,.+ a ~~ v ~~ ~m w ~~ j m ~ ~ ~ - ~ ~, e '~ ~ `~ ~ , ., o ,'~., ~ ~ ~ a ~ ~~ ~~ ,~ ~, ~, '~ ~~ __ _J ~ _ ~ `` - 4 ~, Y I G7 ~~ N .t • i,~. '~ r4Y ~ , 9 t( ` , ; y ~ ~~Y~.: ~ Y 1~ ~ " ~ ~ ` rr l r ~ *~ ~F 4 5 ~ ~ Y ~+,.si ; i r ~ ~ , ,'" , ~' f ~ k-~r iA ~ LQ. ,.r ~ ~ ~~ z f. ~ t ~ ~:. ~~ ` 3r.i ~~ '; ~n - m ~ m '~ ~ ' ~ ~- s~~` ~ ~~~~ ~~ o ~ ~ ~ .. ~ _~~ ,{.~ ~( ~TYil. ,-.V 4~ r'K' ~5 ~ ~16E ~y ~(r a' ~•~ 5# l ~,~r~ ~~~ ~~ ~~~ s ~, ~~9f. ~~tt ~. ,i ~l.._. s* m A Yt 1 ~' 3~ rr w E 3alS $'~~ ~ . i ' b s ~ r1~ .~//.' i i ~ LI W i '~ ~ ~ ~ I~~~-` ~ 1 ' l~.. I ~~~ ~~ ~~ ~A9~~ ~ i a~ ~; ~~G~• fy:. t+ w:s;: °'' }~ . M • r M B M r F M O • 1 ~: ~ . t ~ . y PLAYGRUIJNLI EQUIPMENT QUOTATT: BJR[~tBA1iON IDtA>tD -ALa Yaedgg~s PMBiE94,18t ~. t~vtar A~sw tid<sld<u, OD tii64,- ,~ Td~j4'1ti0Ruep00'7!lwi7~e wewrew RIVER VALLEY is~.El~1TARY ATTN: OVSNDY R0.4EN7NAL 2900 EAST RIVBR VALLEY STREET MfiR1D1AN, ID 83W2 06156S.IDA P1AY9VORl~ CRALiIIJQBR CUSfO>rI DESIGN OJ(7.ODES ROCRHi.OCK3 310, RIAKBLS 3EAT ~ CLIRY®BAL~NCE BEAM ANb TURBO Tb~VlRt F'QST COIAR: COMPOIV6N'I' COIAR: PLASTIC COLOR: ROCKH[ACKS COLOR: 1 1431 &400.00 6,400.00 (~.7AL SCHOOL D>lr~Nn -~ ~gZp„pp? •NA'fiONALrI.AY(iROUNDSAI'61YDWIT14JfBCFR~3~1~rp109~fALiNS1'AI1w17~~4 UO;IRII.8RL4Ni0'r LB FOR MAkKd+tO U7V.lTY I.7IBiS. IFiDCCAVA77Qi'iISAOA~ 11YSOMEON6E1S8OUR q~TALI~ 18 NOT ~InateOaAian 2,520.00 1.6FOR11A[ll~t(iAlf-AYD>RT. B7[1RACHAR(iSWW.AFfLYFDRS6YtOlSDRiQQ1O~ORIP INSI'AI,[.ERDOH,i NOT FU1VB AL9C~S447O S[TBFORBFAVYF7QWFt~/ENA; Snb-Total 10,$00.00 IDAH®8AL88TASC)7iOFIi-O~MIi1tlSTtiRPRQV~A=1'7'111~OFOB11~O89ATiJ18TA7LWiDiR.DAYYI.Y. SaksT~t ~ F7i~MPT Fid~t 952.00 - ~ .,. IOTA[. 11,452.00 •~ ~ • ~' • M . __~ ~ B • & • Se L~ ACCEP?1~ HY Bi)YJ~ IyA1T8s n -_J a a~836a2 ~ ST1tUCTURE QUOTATION OS1724.ltiA r PLA1f9VQRL.D Ct1ALLEI~tCit~ C[13TOM DESIGN POSE COLOR CON)PDi~f COIAR PLASTIC COLOR ROCKBWCKS (70I.OR 1 1824 945.00 9,~AS.00 ~'ELRA1. BG~OOL'D1T1) -1 (&25.~ `NA7YO7~iALPIAY(failNb&AI~EI'YB~iSiTfUTEt~t7II+~0-PAOOTiALIl~SiAl.LA7TON.II~S7'M,1,1+RL41~f FORI~dAIi[~V[IIaTYi3TiFS Q+EKCAVA110111SpDNBBYSIISB URIIf L ttL A~7 Incmll~iaa~ 2.175.00 . O 1F 4 6CA R~SPDT~LBFORHAULaItiAWAYDIRT.87CrRAClYUt(iBWILI.APA.XFOR3EVliRfiDHDLi1N00DI~T11i~40RIIt QISi'ALl.BR OoBSl~1' fiAV$ ACC!$4T0 S17'EPD~tHBAW E(Il?iPl~Tf. SuMTo~J 11,194.00 1D;ADOSALSBYAI[iIIONF~MMIfSl1~PIfDVlD$AAT7~IfS01~'O>i11ER0~9Ali8TA3WG111~APrLY. Sales78x IDCQNP7' ` • ~ FceiBht 1.066.00 . 'DOTAL 12,260.00 AQC6PTEflHXB11Yf+Ra DATIit ~_ . w ~! SITE PREPA-RATIUN AND SURTACIl~TG QUOTATION ItBCABAY'~T1DAS0-Ad YanbtDea P11~NZ34~ 16481+~4~trAttt~e >O 69641 ' ~ TaE Pltee (8~'>7se741t ~~"~0 rreer~ RIVER VAILEY EI.E<N~iTARY RIMER VAr t >: v EI~IN@TTARY ATTI~: WENDY R030JTHAL ~ 2900 EAST RIVER VALLEY STREET 2900 RIYSit YALLEY STREET h1ER.Q>I'4N. ID 83642 MEItIE1IAAI.ID 83642 ~ ~ . MA1t1 4fl~i7A1: 1tAV NMYI ttOA_oMR woos C/~RPET ' wooDCARPET F.Nt~ED woos FIBER SAFETY sURFACQ8f3 - IxcwDES UA$~17Y ATSURANCE. lA~A7F.D PRODUCT WARRAI+ITX dt DEL1Vi~Y TO STI'E. ~[QDUCAItPLt~7'OIYIB~1t14t4f~~9~~~b3 dT1CtiPEC1II1112"Lb1~ACl'FdIIABTI'M812~,9ACT A7TFa~UATiON 81P'XCf. AIIID,t~M„~'lSOI. WOOD FIS»t •~ 13o CU 1'DS I30o 1,640.00 FABRIC WOt~DCARPET SPUN P'OLIrPROPYLENE QEO['EXTILEFABRI~ 67i2S0' ROIL 3 149.00 447.00 137CCAVATION EXCAVATIOTt OF 2700 SQUARB FEET 16• DEBP (4S X 60q I 2,97700 2,977.00 DRAINS LOUR 18'X48" DRAINS INCLUDBS ROCK 1 400.00 400.00 CURBING 8• X 16" CONCRETH CURBING I65 I.a1EAR FEET (3 SIDE3 ONI.Y~ I 2.946.00 2,446.00 ,, RAMP 5' X 8'OOTICREfE RAMP 1 300.00 300.00 +NATIONAL PI.AYQROIJDID SAFJ37Y Q~S71FIT18CHR12PlBD PROPBlI910NN.II~ISTAGLATIC4!t. ~CALt.~t ISNO? RFSPONSIBIBFORMARdCOVaU7ILft'YLR~i$9.10[1RA4t1AR(4$WII].ApI~LYFORStdVPR6DIG~R46C0?~liIONSORiF INSfALLBR II(7~B9 N07 HAYS AC~$S 11D SP[EFOR IIIiAYY y~ ID~BIIafj0al 600.00 j: Sub-Tt>ta) 9,360.Q0 iPAH~BALBaTAXBiF~M11I08T>IRPAOVA'B~ATTL~66/H-~8~AL66TA8WON.DAITLY. SalesTmt E70~'7' FmigbR 400.00 1 , ~ TOTAL 9,7b0 00 ~~~ agd oral b atr ualrelnr~: aoaid~t ~-, Adaya ~ou ~ ua traeatrd-ate ~ ~A,~rea~it~~l be IIATT&: • • November 17, 2006 Department Report MERIDIAN CITY COUNCIL MEETING November 21,2006 APPLICANT Mayors Office ITEM NO. b-E-1 REQUEST Request for Budget Amendment for Part-Time Position in the Mayor's Office AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: ~~F Initials: Materials presented at public meetings sha ~)p~~ry p~ ttee Cl~r ~f Meridian. 1~ a m G G z v O Q a ~T o.to~ q ~ $ ~ ~`3 0 ~ ~ pp ~;~.~ a'zo~ow~~Ego W '~°=gc~u~~°so ~m°~C~E$~-oi~ c0~o$ ~~~~~F°~o3W -~~ $ E ~ ~t~E °~r.3 m~ ? ~'o ~ ~~ Q, ~E to $ ~ ~_c~ ~ ~> _ 3 QQ ~ ~ ~ ~ c m ~ m s E ° ~ ~ ~ 7i ~ ~ Q a 'apoc E~s'S cmy ma~ °x~°~ ° ~ .°aWc LL Q'p o''~~ c ~ ac~~~p; cvs ccE a cc_ m W ++ W o~ h ~ .'G.. ~~ T'~~O m w t ~~ G °~~+ma°gg.~ °-~'°'S°~ioE°c ~;o-cLmm mo.~mmL~c'ocW Fa $= E~ ~ ~- °s~7 m mU m~ a ~ _ ~ m I- ~ m 'o Z+ c m > m '~ ° c ~ ~ S rSc ° ~ ~ ° ~ ®m ° m ~ ;~ c u'S ~ m ~ 'S r ~ F- ° > ~ w o ~ 3 Q W ,Wj Q zrw~m ~ ~ j U ~ fV S~ Z J Q Z 2 O c 0 'u W ® ~ 0 Z ~ ~ W W ~' f'° > o~$ ~~~m Vm~~ .a O ~. ~ odE a ~ ~ ~ ~ ~ v ri ~ a ~ e c W o ~ ~ O y ~ c ,~ LL m o ~ ~ N H o ~ O °~ °~ ~ m ~ t Q ~ ~ m ° '~ O V ~i ~ 0 0 ti W a ~ ay W W Z z ~ m O P 0 r M N W ~ Q~ v m O N v O M a a~ N a O M a N O v N O v NN O O vv W a a ~ Q a ~ m r 0 v 0 0 a m .~ 0 _~ 0 O . O .C ~ ~ m a ~ W a ° t~l ~ c' c ~ o ~ ~~~ ~. r ~ ~ ~; a m °~. 5 o ~ ~oEU $ ~ Q m mr z ~'~~ c q $`om~ a~E~ c ~W ~~ ~~ m c w ~ o .o m o 0 ~t. s ~ e~`~a 8~~~yyp~ C m ~ a ~ w « C ... o m ~ a ~w~Q ~~~.y1 ~ ~Q~S ni !~ W F .~ la 2 Im H7 ~-- Lm U 0 0 bo 0 c '~? lL r 't~~ ~O b a , C m_ a °.w N W V 0 .. O V ~ ~ a Z v '~ ~ `o ~ r N w }0 LL c dE 8 Q 's Z V ,v ~ ~ 0 0 W ~~ `o LL } ~ J a 7 7 a a °~ d W O Q Z w Qm F2 W Z W Q ~a ~ ~ J ~ sz ci w 0 11. ~ WO U a O~ o~ ww°o zZ w ~a ~~ w c~ mj ~m S~ J } F a Op U~ WY ZW C7 y U Page 1 of 1 Ronaldo Coulter From: Ronaldo Coulter Sent: Monday, November 20, 2006 6:26 PM To: Tammy de Weerd Cc: Stacy Kilchenmann Subject: Amendement for Partime Person Attachments: Mayor Amendment.xls Mayor, You need to sign this document and then I will provide to Stacy for her signature so it will be ready for council approval tomorrow. I'm also placing in a red folder so you don't have to print it out Ron R. A. (Ron) Coulter LtCob USMC (Ret.) Mayor's Office Executive Assistant to the Mayor 33 E. Idaho Ave. Meridian, ID 83642 (208) 888 4433 (208) 888 8119 (fax) e-mail: coulterr@meridiancity.org 11/20/2006 November 17, 2006 Department Report MERIDIAN CITY COUNCIL MEETING November 21, 2006 APPLICANT Fire Department ITEM NO. 6-F-1 REQUEST Discussion of Amended Fire Code Ordinance AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See aftached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: ~ ~~ MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. • • Page 1 of 1 Sharon Smith From: Bill Nary Sent: Friday, November 17, 2006 4:51 PM To: Sharon Smith; Will Berg; Tara Green Cc: Joe Silva; Tammy de Weerd Subject: firecode.amd.2006 Attachments: firecode.amd.2006.doc Oops. Wrong header in the last one. 11 /20/2006 CITY OF MERIDIAN ORDINANCE NO. 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 COUNCIL OF THE CITY OF MERIDIAN, 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 i-ste~y Institutional and Multi-Tenant buildings two or more stories in height. 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 after its passage, approval and publication on or about August 1, 2005. PASSED by the City Council of the City of Meridian, Idaho, this day of .2006. APPROVED by the Mayor of the City of Meridian, Idaho, this day of 2006. APPROVED: MAYOR ATTEST: CITY CLERK FIRE CODE AMENDMENT - 2006 Page 1 of 2 u ~~ NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO.06- PROVIDING FOR AN AMENDMENT MERIDIAN CITY FIRE PREVENTION CODE ORDINANCE An Ordinance of the City of Meridian amending Title 10, Chapter 4, Section 2 of the Meridian City Code regarding the Fire Prevention Code -Floor Control Valves. A full text of this ordinance is available for review at City Hall, City of Meridian, 33 East Idaho, Meridian, Idaho. City of Meridian Mayor and City Council By: William G. Berg, Jr., City Clerk First Reading: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 06- The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 06- of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this day of , 2006 William. L.M. Nary City Attorney FIRE CODE AMENDMENT - 2006 Page 2 of 2 • • November 17, 2006 FP 06-048 MERIDIAN CITY COUNCIL MEETING November 21, 2006 APPLICANT Kenai Partners, LLC ITEM NO. $ REQUEST Final Plat approval for 50 residential building lots, 32 commercial building lots, 1 City park lot & 21 common lots on 62.01 acres in R-15 & C-G zones for Gramercy Subdivision No. 1 (fka Kenai Subdivision) - E. Overland Road and west of Eagle Rd AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: See attached Staff Comments No Comment See attached Comments OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the CNy of Meridian. • • November 17, 2006 FP 06-047 MERIDIAN CITY COUNCIL MEETING November 21, 2006 APPLICANT John Flaherty Construction ITEM NO. 9 REQUEST Request for Final Plat approval for 48 attached single-family residential building lots, 20 detached single-family residential building lots and 5 common lots on 11.05 acres in R-8 & R-15 zones -South of W. McMillan road, West of N. Meridian Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Staff Comments CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: No Comment CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: See attached Comments NAMPA MERIDIAN IRRIGATION: No Comment SETTLERS IRRIGATION: IDAHO POWER: See attached Comments US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian • BEFORE THE MERIDIAN CITY COUNCIL C/C November 21, 2006 IN THE MATTER OF THE APPLICATION OF JOHN FLAHERTY FOR FINAL PLAT APPROVAL FOR 48 ATTACHED SINGLE-FAMILY RESIDENTIAL BUILDING LOTS, 20 DETACHED SINGLE-FAMILY RESIDENTIAL BUILDING LOTS, AND 5 COMMON LOTS ON 11.05 ACRES IN R-8 AND R-15 ZONES LOCATED IN A REPEAT OF LOT 2, BLOCK 36 OF CEDAR SPRINGS SUBDIVISION N0.4, T. 4N., R. 1W., SECTION 36. CASE NO. FP-06-047 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 21, 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 21, 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 CEDAR SPRINGS TOWNHOMES A REPEAT OF LOT 2, BLAOCK 36 OF CEDAR SPRINGS SUBDIVISION N0.4, T. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CEDAR SPRINGS TOWNHOMES SUBDIVISION / (FP-06-047) Page 1 of 4 • • 4N., R. 1 W., SECTION 36, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2006, HANDWRITTEN DATE: 10/11/06, SHEET 1 OF 4, J-U-B ENGINEERS, INC.", JOHN FLAHERTY CONSTRUCTION, INC., Developer, is Conditionally Approved subj ect 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 21, 2006, listing 16 SITE SPECIFIC REQUIREMENTS/FINALPLRT 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 J-U-B Engineers, 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 21, 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CEDAR SPRINGS TOWNHOMES SUBDMSION / (FP-06-047) Page 2 of 4 of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that the stormwater be pretreated through a grassy Swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAII~NNGS 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 CONDITIONAL APPROVAL OF FINAL PLAT FOR CEDAR SPRINGS TOWNHOMES SUBDIVISION / (FP-06-047) 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, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the ~ l s+ day of 1~OYetrr~~tr- , 2006. \\`~,~,~iiiiii~~rr,rr,i ATTEST: ~~ .,A WILLIAM G. BERG, J ., C ~ ~ ~~~ ~ ~ ,., sow, ®,ya ~~'oi ~~+ Copy served upon: /~ Applicaiitrnr„r, „a,~~o,`4 ,~ Planning Department /~ Public Works Department -~ City Attorney BY:~~~Jl Q~Q..~ Dated: 1 ~ - l 1 ~ C~L.O City Clerk's Office de WEERD ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CEDAR SPRINGS TOWNHOMES SUBDIVISION / (FP-06-047) Page 4 of 4 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPAENTS STAFF REPORT STAFF REPORT: TO: FROM: SUBJECT: We have reviewed this These conditions shall Meridian City Council: Hearing Date: November 21, 2006 Transmittal Date: November 16, 2006 Mayor and City Council _ ~ ,: j~~¢.. ~° I, i S 4, ir~.vae~ t; ~,~ `~;~ Kristy Vigil, Assistant City Planner Michael Cole, Development Services Coordinator ~ e- Cedar Springs Townhomes Subdivision Final Plat Request for Final Plat Approval of Cedar Springs Townhomes Consisting of 48 Attached Single-Family Residential Building Lots, 20 Detached Single-Family Residential Building Lots and 5, Common Lots on 11.05 Acres in R-8 and R-15 Zones by John Flaherty Construction (File# FP-0(r04~. submittal and offer the following comments and conditions of the applicant. ie considered in full, unless expressly modified or deleted by motion of the APPLICATION SiJNIlVIARY & LOCATION The applicant, John Flaherty Construction, has applied for final plat approval of 48 attached single-family residential lots, 20 detached single-family residential building lots, and 5 common lots on 11.05 acres of land for Cedar Springs Townhomes Subdivision. The current zoning designation for the proposed subdivision is R-8 (Medium-Density Residential) and R-15 (Medium High-Density Residential). The gross density of the proposed subdivision is 6.15 dwelling units per acre; the net density is 8.08 dwelling units per acre. Cedar Springs Townhomes Subdivision is located on N. Summit Way on the south side of McMillan Road and west of Meridian Road in the NE '/a of T. 4N., R.1 W., Section 36. This property is a re-plat of Lot 2, Block 36 of Cedar Springs Subdivision No. 4, which was recorded in 2004. The City Council approved the preliminary plat for Cedar Springs Townhomes Subdivision on September 26, 2006 and the submitted final plat substantially complies with the approved preliminary plat. Staff recommends annroval of Cedar Springs Townhomes Subdivision with the comments and conditions stated in this report. SITE SPECIFIC CONDITIONS 1. Applicant is to meet all terms of the approved preliminary plat (PP-06-033) and development agreement (Inst. No. 106180814). 2. The applicant's application indicated that the pressurized irrigation system in this development is to be owned and operated by the Homeowners Association. However the plat calls out Settlers as owning and maintaining the system. If the system is to be owned and operated by the HOA then plans and specifications will be reviewed by the Public Works Department as part of the construction plan approval. A draft copy of the Operations and Maintenance manual shall be required prior to plan approval with a final copy being submitted prior to signature on the final Exhibit "A" FP-06-047 Cedar Springs Townhomes FP.doc PAGE I CITY OF MERIDIAN PLA°~TNING AND PUBLIC WORKS DEPAR~ENTS STAFF REPORT plat. If the pressurized irrigation system is to owned by Settlers Irrigation District then a letter of plan approval shall be submitted prior to scheduling of apre-construction meeting. 3. The City of Meridian requires that pressurized irrigation systems be supplied by a yeaz-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 azeas prior to signature on the final plat by the Meridian City Engineer. 4. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. Temporary construction fencing to contain debris shall be installed at the subdivision boundary where permanent fencing does not exist. Perimeter fencing shall be installed prior to release of building permits for this subdivision. 5. Sanitary sewer to this site is being proposed via extensions of existing mains in N. Summit Way. 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 standazd forms of easements, for any mains that aze 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 Standazd Specifications. Water service to this site is being proposed via extension of mains in N. Summit Way. 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 standazd forms of easements, for any mains that are required to provide service. 7. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 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 final plat. File a perpetual ingress/egress easement for all lots that shaze 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. Lots 13-16 Block 2 do not meet the minimum lot size for the R-8 Zone. Either revise the plat so that these lots meet the minimum lot size of 5,000 square feet OR graphically depict a common driveway easement as the UDC allows lot size to be 4,000 square feet for lots sharing a driveway. 11. Include in the legend a symbol that will denote which lot lines will not have the standazd easements dedicated due to the fact that these lot lines will be spanned by attached structures. 12. Graphically depict on the face of the plat a special setback on along the following lots that aze adjacent to the proposed infiltration trenches. The setback shall be of sufficient width to ensure the Department of Environmental Quality's Best Management Practice of 20-feet separation between building foundations and infiltration trenches. Exhibit "A" FP-06-047 Cedaz Springs Townhomes FP.doc PAGE 2 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPA~ENTS STAFF REPORT a.) The northern boundary of Lots 3-7, Block 2. 13. Revise or add the following plat notes on the face of the plat prepared by J-U-B Engineers, Inc., and dated 10/11/06: *.) Add a note, "Bottom elevation of structural footings shall be set a minimum of 12-inches above the highest established normal ground water elevation." *.) Add a note, "Individual lot owners are responsible for maintenance of any itrigation/drainage pipe or ditch crossing their lot unless such maintenance responsibilities are assumed by an irrigation/drainage district." *.) Add a note, "This plat is subject to a development agreement recorded as instrument number 106180814 of Ada County Records." 14. The landscape plan, prepared by The Land Group and dated 10/18/06, shall be revised as follows: a. Add the tree class to the plant schedule. b. Call out the dimensions and materials for the fencing adjacent to Lots 1 and 14, Block 3. Submit three copies of the revised landscape plan to the Planning Department prior to signature on the final plat by the City Engineer. 15. 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. 16. Staff's failure to cite specific ordinance provisions or conditions of the preliminary plat does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer 2. 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. Exhibit "A" FP-06-047 Cedar Springs Townhomes FP.doc PAGE 3 • CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPAR~ENTS STAFF REPORT 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. 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. 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 RECOIVIlVIENDATION Staff recommends avnroval of the final plat for Cedar Springs Townhomes (FP-06_0471 with the above stated comments and conditions. Exhibit "A" FP-06-047 Cedar Springs Townhomes FP.doc PAGE 4 Page 1 of 1 Kritity VIgiI From: Daren Fluke [DFiuke~fub.com] Sent: Tuesday, November 21,2006 3:55 PM To: Kristy Vigil Cc: Trev~ Keener Sub},~ct: G~lar Springy Tawnhomes FP-06.047 iCr isty: We have reviewed your staff report regardir~ the above noted project and are in agreement with the conditions of approval corrhained therein. Please convey our acceptance of the conditions of approval to the city council as we do not intend to attend the city council hearing on iovember Z1, 2006. Please tali if you have questions or need additions! information regarding this matter. Thanks, D ~a~an ~lu~, ,~tif>~ J-U-B ENGINEERS, INC. 250 S. Beechwood Ave. Boise,lD 83709 (2tt8) 37fr7330 (208) 323-9334 - Faz (208) 869-3~3 -Cell wrrw jnbcotn l 1!21/2006 F,ahihit "li" •-.~~ ~ Distribution Plane ng Eng' eer ~ lifrrce (208) 388-2068 fia'1 IELC+C.C3f2P L:~St'1lp~tlY 11/1/2006 City of Meridian Planning & Zonning Departament 660 F. Watertower Suite 202 Meridian, Id 83642 Re: Cedar Springs Townhomes -Final Plat File #: FP Ob-047 Idaho Power Company, upon receipt of a formal request, may possibly need to upgrade existing infirastructure in order to provide electrical services to this development. There is an existing 230kV line double circuit to 13B 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 Idaho Power Company Operations Center with a formal request for service. Sincerely, Margareta Ionescu Exhibit "C" i November 17, 2006 AZ 06-042 MERIDIAN CITY COUNCIL MEETING November 21, 2006 APPLICANT Cherie A. Dalton Living Trust ITEM NO. 10 REQUEST Continued Public Hearing from November 8, 2006 -- Request for Annexation and Zoning of 20.18 acres from RUT to R-8 zones for Cottswold Village Subdivision - 2180 East Amity Road AGENCY COMMENTS CITY CLERK: See previous Item Packet / Minutes CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Ciy of Meridian. • • November 17, 2006 PP 06-044 MERIDIAN CITY COUNCIL MEETING November 21, 2006 APPLICANT Cherie A. Dalton Living Trust ITEM NO. 11 REQUEST Continued Public Hearing from November 8, 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: See previous Item Packet /Minutes CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Mertdlan. • • November 17, 2006 AZ 06-044 MERIDIAN CITY COUNCIL MEETING November 21, 2006 APPLICANT Dan Wood ITEM NO. 12 REQUEST Continued Public Hearing from November 8, 2006 -- Request for Annexation and Zoning of 19 acres from RUT to R-4 zone for Whitebark Subdivision -- 2135 East Road AGENCY CITY CLERK: See previous Item Packet /Minutes CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. • • November 17, 2006 PP 06-046 MERIDIAN CITY COUNCIL MEETING November 21, 2006 APPLICANT Dan Wood ITEM NO. 13 REQUEST Continued Public Hearing from November 8, 2006 -- 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 - 2135 East Amity Road AGENCY CITY CLERK: See previous Item Packet /Minutes CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Cily of Meridian. November 17, 2006 AZ 06-048 MERIDIAN CITY COUNCIL MEETING November 21, 2006 APPLICANT Creamline Associates, LLC ITEM NO. ~ 4 REQUEST Public Hearing -- Request for Annexation and Zoning of 32.75 acres from RUT to C-G zones (8.74 acres) and I-L zone (24.01 acres) for Creamline Park Subdivision 1200 West Franklin Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the Cffy of Mertdlan. COMMENTS See attached P&Z Item Packet /Minutes See attached Recommendations • November 17, 2006 PP 06-050 MERIDIAN CITY COUNCIL MEETING November 21, 2006 APPLICANT Creamline Associates, LLC ITEM NO. 15 REQUEST Public Hearing -Request for Preliminary Plat approval of 6 industrial lots on 24.01 acres in a proposed I-L zone and 4 commercial lots on 8.74 acres in a proposed C-G zone for Creamline Park Subdivision - 1200 West Franklin Road AGENCY COMMENTS CITY CLERK: See attached PS~Z Item Packet /Minutes CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Recommendations CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: 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. • • November 17, 2006 RZ 06-009 MERIDIAN CITY COUNCIL MEETING November 21, 2006 APPLICANT Vicki Garton ITEM NO. 16 REQUEST Ordinance No. -Request for a Rezone of .57 acres from an I-L zone to an R-8 zone for Vicki Garton - 435 West Broadway Avenue AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: See Attached Ordinance 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: ~~{~ ~/,~/~,f~-yam Date: Phone: -~~ S aff Initials• Materials presented at public meetings shall become properly of fhe City of Meridian. AUA CUUNTT RECORQER J. BOISE IDAH012f08/06 03:13 PM • RECORDEDe REQUEST OF III ~II IIIIIIIIII I IIIII IIII II II I ~~~ Meridian City i ~~ 1913~~F CITY OF MERIDIAN ORDINANCE NO. ~~ "l Z 7 BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE AN ORDINANCE FINDING THAT GEORGE WILLIAM AND VIOLA NELSON, THE OWNERS OF CERTAIN REAL PROPERTY HAS MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION (RZ-06-009 - VICHI GARTON REZONE) FOR REAL PROPERTY BEING SITUATED IN THE SOUTHEAST '/ OF SECTION 12, TOWNSffiP 3 NORTH, RANGE 1 WEST, MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" OF TffiS ORDINANCE AND RE-ZONING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND WITHIN THE CORPORATE LIMITS OF THE CITY OF MERIDIAN; AND RE- ZONING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM I-L (LIGHT INDUSTRIAL) TO R-4 (LOW DENSITY RESIDENTIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIItED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCII. OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for re- zoning by the owner of said property, to-wit: GeoYge William and Viola Nelson. SECTION Z. That the above-described real property is hereby re-zoned from I-L (Light Industrial) to R-4 (Low Density Residential District) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to re-zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian re- zone said property. ORDINANCE RE-ZONE OF VICKI GARTON- RZ-06-009 Page 1 of 3 • i SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~ ~'f~ day of ~~ vela ~ , 2006. APP~/,ROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 7il ~/ day of ~~l/'.Gl~+'+- ~ , 2006. `~*` de WEERD ~'~ ~ ~' ~; ATTE T: ~® ~'^.~~a = WILLIAM G. BERG., CITY CL~ ~~~ ,~ ~ ~0> ~~ ~ ORDINANCE RE-ZONE OF VICHI GARTON- '~'~G;'~~19 Page 2 of 3 STATE OF IDAHO, ) ss. County of Ada ) On this a1~' day of IJ®VP,~r1rt}~,r , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. `~~®~e~• Q±~ - GR~'•e~• (SEAL) •,4°`~ ~®T A,~',p~~ . - ® ~ ~, • . • s ~` a e' ~~~ orl~+;~~ ~. YYl a Q ~ NOTARY PUBLIC ]FOR IDAHO RESIDING AT: ~'® 1['~ 11}p l 1, -Y,~ MY COMMISSION EXPIRES: 1Q--1-11 ORDINANCE RE-ZONE OF VICHI GARTON- RZ-06-009 Page 3 of 3 ~r ~S ~~ DESCRIPTION FOR MICHAEL AND VICKY GARTON RE-ZONE 't ~ '' A parcel located in the SE '/4 of Section 12, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monument marking the southwesterly corner of said SE '/a from which a brass cap monument marking the northwesterly corner of said SE 1/4 bears N 0°33'44" E a distance of 2656.52 feet; Thence N 0°33'44" E along the westerly boundary of said SE '/a a distance of 1996.49 feet to a brass cap monument on the centerline of Broadway Avenue; Thence leaving said westerly boundary S 89°29'37" E along said centerline a distance of 1081.64 feet to the POINT OF BEGINNING; Thence continuing S 89°29'37" E a distance of 75.00 feet to a point; Thence leaving said centerline S 0°33'44" W a distance of 296.70 feet to a point; Thence N 88°45' 16" W a distance of 75.01 feet to a point; Thence N 0°33'44" E a distance of 295.73 feet to the POINT OF BEGINNING. This parcel contains 0.51 acres and is subject to any easements, existing or in use. This description was prepared from record information obtained from the Ada. County Recorder's office. No field surveys have been performed. This description is intended for use in a re-zone application only and is not to be used as a boundary description for the transfer of title. Civil Survey Consultants, Incorporated is not responsible for any discrepancies a field survey might show. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Inc. November 16, 2006 MERIDIAN PUBLIC WORKS DEPT. R OPAL BY' `~ ~~w ~~ Q ~ ti C`~;~w0 ~~~~ ~~~q W q , ~, qw~~ W ~ ~ 00~~ N '`~ ~ w~ q ~~~~ ~~~ , ~~~~ ~A o~°`~ ~~~, oq~~ ~~oo ~~~~ ~~W ~~~ ~~~ jO ~~ Q~ ~' O 3~ ~hh ~~ W W ~~~ h ~ ~ 2 .~. N 0 ~. W V Q ~t~~ N^ W l o~ Q z am m ~ O o ~. o~~ ~QWJ o W ~g~ WOaV ~m~h ,0'099 ~~ ti ~~, J o ~ _ V m a~ ~ ~~ ~ a ~_ s~ a~ ~ ~ ~ C9 W ~- ~ _ ,OL'96l M w~~F£.0 S ~° ~^ b ^ ~ ''o^^ • ~' U ti C~ N ~ `J 56Z ..7 ., ~,££.O N s ~~ a~ ~~ 4~ y~ 6J+ 9661 3 „f~f,££.0 N NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE N0.06- /~?~j' PROVIDING FOR RE-ZONING ORDINANCE An Ordinance of the City of Meridian grantung re-zoning for being land situated in the Southeast'/ of Section 12, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains .57 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of--way of record or implied. As surveyed as attached as exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Ave e, Meridian, Idaho. This ordinance shall become effective on the Z` S~day of ~`~~ ~ ~~ ~ ~u~,~~e,` ~~r s,, ~`~ ~~~ :. Mayor and City Council of a it of l~Ieri i ~' By: William G. Berg, Jr., City Clerk = ~-~ ~. / ~ ~~ First Reading: l<'2/--0~ A~$o , first by suspension of the Rule as allowed pursuant to Idaho Code ~- '.~:°°~ NO Second Reading: - ''~,, ,~,ti~ ~- ~~sr~rrrc nt~+~~~ STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 06- ~ Z'l `j' 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- /~ 7,r of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this ~~ day of ~~Ctiw ~ 2006. ~~.~~~ Z. '~ . William. L.M. Nary, City Atto ORDINANCE SUMMARY - RZ-06-009 VICKI GARTON Page 1 of 1 • November 17, 2006 AZ 06-028 MERIDIAN CITY COUNCIL MEETING November 21, 2006 APPLICANT Horizon Development ITEM NO. 17 REQUEST Ordinance No. -Request for Annexation and Zoning of 4.43 acres to an R-15 zone for Touchstone Place Subdivision - 1187 East Fairview Avenue AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See AfMched Ordinance v~~ 06, l ,,~ Contacteq~,~}-,~„~~~y,~if Q .~ ~ Date: Phone: Emailed: St ff Ini ials: Materials present®d at public meetings shall become properly of the City of Meridian. ADA COUNTY RECORD` DAVID NAVARRO AMOUNT .00 E BOISE IDAH011Z301060:1 PM DEPUTY Vicki Allen II I I I II II I II I I III IIIII I II II I II I I I I III RECORDED-REQUEST 0~ 1 E~~ 1 S r 1 ~~ City of Meridian CITY OF MERIDIAN ORDINANCE NO. ~ ~ ~ Z BY THE CITY COUNCII.: BIItD, BORTON, ROUNTREE, WARDLE AN ORDINANCE (AZ-06-028 TOUCHSTONE PLACE SUBDIVISON) FOR ANNEXATION OF PROPERTY LOCATED IN THE NORTHWEST I/ OF THE NORTHWEST 1/ OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A"AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM R1M (ADA COUNTY) TO R-15 (MEDIUM HIGH DENSITY RESIDENTIAL) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FORA 5UNIlVIARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re-zoning by the owner of said property, to-wit: ClaYence and Be~na MoYgan. SECTION 2. That the above-described real property is hereby annexed and re-zoned from R1M (Ada County) to R-15 (Medium High Density Residential District) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re- zone said property. ANNEXATION OF AZ-06-028 TOUCHSTONE PLACE SUBDIVISION Page 1 of 3 r SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote 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 COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this Z~ ~~day of ~~ ~/'Pi~~~- 2006. APPROVED B,Y/THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this rr' day of /~l ~y~~'~'"~ , 2006. ANNEXATION OF A7r06-028 TOUCHSTONE PLACE SUBDIVISION Page 2 of 3 ATTEST: WILLIAM G. BERG, STATE OF IDAHO, ) ss. County of Ada ) r e~`~~~Ntit9t11l1rrrr, ~g ~p ~s ~ a~'S,J" ~, :~ ~ _. ~'~~~ CITY ~3., y±'[ f~rrrrrr~attt 9at~~re,~''§ On this a 1~'`' day of {~O~emb~'' 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. •,...... • ae~R GR.j;' • • ~1`~y,---- ~~r • ~'s~AI,) O ® ~ . ~ ~ ; • 4 •~ 1 •A ryy~ ®~'l~y~ ~..0 ~~~7 NOTARY PUBLIC FOR IDAHO RESIDING AT:~'~t n~ - r i o i~p MY COMMISSION EXPIRES: _-p-~ ~-~ ~ ANNEXATION OF A7r06-028 TOUCHSTONE PLACE SUBDIVISION Page 3 of 3 ~~ i i i REVISED ANNEXATION DESCRIPTION FOR DISCOVERY SPRINGS August 17, 2006 A PARCEL OF LAND LOCATED 1N THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 7, T.3N., R.lE., B.M., MERIDIAN, ADA COUNTY, IDAHO; THENCE N 89°54'45" W ALONG THE NORTH LINE OF THE NE4 OF SAID SECTION 7, 1320.50 FEET TO THE NORTHEAST CORNER OF THE NW4 OF THE.NE4 OF SAID SECTION 7; THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 0°04' 14" W ALONG EAST LINE OF SAID NW4 AND ALONG A PORTION OF WEST SIDE OF DANBURY FAIIt SUBDIVISION N0.6 667.97 FEET TO A POINT ON THE NORTH SIDE OF DANBURY FAIR SUBDIVISION NO. 1; THENCE S 89°50'42" ~W ALONG SAID NORTH LINE 403.28 FEET TO A POINT; THENCE N 0°08'09" E LEAVING SAID NORTH LIlVE 460.96 FEET TO A POINT; THENCE S 89°54'45" E 194.03 FEET TO A POINT; THENCE S 00°04'14" W 41.29 FEET TO A POINT; THENCE S 89°54'45" E 123.71 FEET TO A POINT; THENCE N 0°04'14" E 250.00 FEET TO A POINT ON THE SAID NORTH LINE OF THE NE4; THENCE ALONG SAID NORTH LINES 89°54'45" E 85.00 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION. SAID PARCEL CONTAINS 4.55 ACRES MORE OR LESS. WAYNE K. 4~~ ~~~~~~ ~F,p K. BpR~ PLS 8444 A~l~ 2 1 2006 50406-revannex.doc ~- ROW POINT OF S 89'54'45° E N BEGINNING -------~~--- 85.OO _ s 5 _~ ~ 7~8 Row I I _ 1 0.50' o N 89' 4'45° W N. ~ Iw '~ I ~ I IZ ~S 89'54'45° E 194.03' I ,~ - ~ II I I I 41.29 S 89'54'45" E 123.71' S 00'04'14° W I III ~ ~ I 3 I ~t I III I to oli d- N ~ I PROPOSED ANNEXAl10N PARCEL I c 4.49 ACRES I I II to to I z I II I II I ~ ~~ a ~ ~~~~ ~°~ Q° oc ~ m ~ °a '~ ~ ~ I8 ~~. ~~ ~~ ~~ g~. ~~. 0 ~ ~ I~ o ~$ H x~ ~C w z 0 ~~ .m ~~ ~~ W W U a z H x F N Z a 0 U N O q z~ off. 0 ~~ 0 '~ W v S 89'50'42° W 403.28' • ~ NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A CITY OF MERIDIAN ORDINANCE N0.06- ~Z7~ PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land located in the Northwest % of the Northeast 1/ of Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Attachment «A» This parcel contains 4.55 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of--way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33~ast Idaho ~,A}3 enue, Meridian, Idaho. This ordinance shall become effective on the 2-f t day of /l~pd/,~m ~- , 2006. t Mayor and City Council f the City of Meridian By: William G. Bg?'g, Jr., City Clerk First Reading: ~~ ~~i/ -'06 Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES~_ NO Second Reading: Third Reading. --- STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 06- (2 7 6 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? f~ of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this ~~ ~~day of ! `~ ~'^G~'~^'~~- 2006. ~,, William. L.M. N ,City Attorne ORDINANCE SiJM1VIARY - A~06-028 TOUCHSTONE PLACE SUB Page 1 of 1 November 17, 2006 AZ 06-013 MERIDIAN CITY COUNCIL MEETING November 21, 2006 APPLICANT America West Homes, LLC ITEM NO. 18 REQUEST Ordinance No. -Request for Annexation and Zoning of 21.77 acres from RUT to R-15 zones for Canterbury Commons Subdivision -south of Pine Avenue and east of Ten Mile Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See Attached Ordinance b6' ~~~ nnatenals presented at public meetings shall become property of the City of Meridian. ADA COUNTY RECORDER ~ 'DAVID NAVARRO AMOUNT .00 ; BOISE IDAH011130106 ~ l'M DEPUTY Vicki Allen II I I' ~I'I I II I I I'I I IIII I I' II I I II"~'I) RECORDED-REQUEST OF 1 ~€. 1 S~ 1 ^~~ City of Meridian CITY OF MERIDIAN ORDINANCE NO. ®~ ` lZ BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE AN ORDINANCE (AZ-06-013 CANTERBURY COMMONS SUBDIVISION) FOR ANNEXATION OF PROPERTY BEING A PORTION OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT ~~A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO R-15 (MEDIUM HIGH DENSITY DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE TT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re-zoning by the owner of said property, to-wit: J.S. Risi Revocable Family Trust and Risi Family Limited Pa~tneYShip. SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT (Ada County) to R-15 (Medium High Residential District) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. ANNEXATION OF AZ-06-013 CANTERBURY COMMONS SUBDIVISION Page 1 of 3 SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re-zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION S. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~~ s~day of ~Ot/P~~ ~-G t" , 2006. APPROVED BY THE,,M/AYOR OF THE CITY OF MERIDIAN, IDAHO, this Z~S~day of (~ ~ye~~~" 2006. MAYOR de WEERD ANNEXATION OF A~06-013 CANTERBURY COMMONS SUBDIVISION Page 2 of 3 ATTEST: WILLIAM G. BERG, STATE OF IDAHO, ) ss. County of Ada ) f~ `e\ ~~ ~~ ~~ /iii ® ~~ CITY CIS ~ ~' ~ ~~''@@ G \ q~~ \ roe ~ ~ ~®a 's'i,'f!'dddd990d 4i19i~;~`*atka9~ On this o~ Ise' day of ~y~'m~,,r' , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~SE~~••~~ TAB ~~~: `~, ® .~ e ~' ~ • . ~ . . ~ ~ • e : i e~s~~ 0=~~~~~ ~~ QL~/l_D__!`.3 NOTARY PUBLIC FOR IDAHO RESIDING AT: 1 r A ~,- I~ MY COMMISSION EXPIRES: ' ---1-i 1 ANNEXATION OF AZ-06-013 CANTERBURY COMMONS SUBDIVISION Page 3 of 3 ter DESCRIP'I"IO~1 FAR RICA, ~VES'~ Hq~±~S the following descr~,bes a parcel caf real propexty be~,nc~ a poxticn of - the outk~weat Quarter of Section 11, ~awnsiiip 3 North., Range ~, Weat, B.M., City og Meridian, Ada ~~tAnty, ldaha, and being >~ore partloularl,y sescribed as follows: Ge~mmenci,ng at the tenter Quarter Corner of said Section 11, thence along the east-west centerline of said Section 11, N89°10'45"W, 572.96 feet to the ~~T' OF t9; Th~i1Ge, leaving said ce~tte,rline, S00°SU'18"W, 925.48 feet t® the nartherly Right-of~-Way ®f tl~e t3nion ~ac.fic Ra~lr~ad; thence, a~.ong said R3,s~ht-of-way, N8$®27~ 90"w, 634.81 feet to the centerline df the den Mile Stub Drain; 'hence, al.eng said centerl~traes N02°56' i5"E, 47.88 feet 'hence, contia~uing a].onq said cex~tegline, N20°95' 95"Wr 98.82 feet; 'hence, continu~.t~q a]Long sa~.d centerlines N9I°18'45''w, 515.89 fast e Thence, contlnui~ag along said centerline, N59°26'45"Ws 645.83 feet 'hence, leaving said centerline, N00°52'15"E, 79.93 feet to the east.-west centerline ~f said Section 1Z, °~hence, along said centerlines 889°10'45"~, 1576.92 feet to the E~INfi Off' BEt3TT~T~t~s 1'he above described parcel of real groperty caontains 21,7? acres, more or .less and is subject to tie Rl.ghts-oE-Way of the Eight Mi1® Lateral. being Sixty-feet.{60' ) in width, 4dest Pine Avenue being 3'wenty-~`ive .feet {50' } lra wf,dth and ata easetaent for the Ten Mile Stub I~ra.in being Sixty- feet {CO°} in width. RE ~~ ~ ,,,~ ~Y FED 4 9 Za0~ IVtERiDVAN pEPTiC UVpRKS ~~ 0~ ~ ~ >O U t/1 U 0 2 Z>N JZ ~ O =v~,z ~ pZ Z> ~ m ~ ~, ~ m CV Z Z tt m C7 ~ ~ ~ V ~ ~ a0° ~~' ~ ~~~~ ~~ p'f _ ~ ,St+'SZ6 MoBI,OS.00S ~ ~a o `.:~ ti ~ 1 >z 1 I 1 1 hh o U f/i Z~01 j m . 1 ~O~ (y~ INZ ' 1~ I~ ~ ~ ~ 1 v ~ ~o Q W I~ I ~~ Iz ~ 1 as 1 r 1 ~ QZ I H~ I aN p^ wj ~N ~m 1 1 p ~ x m 1 ~ ~: o U ~ (V Z CJ A'S~ l.J ~ A o '" ~ ml Og96Z 3 t/1 a o v~nil ~~ ~ ~ R t/~ w ~ ~^ ~ ~ n ~~~~ ~ F-~ ~ O of /~~~ z ~ °z 1 rl /act1 ~ p ~ ~I r~~~ U o /~~1~ ~ CC 1 1 / ~ o z I rw- z ~ C 0 HN W o- W I ~ a o r dr-. ~ ~ U o 0 ~I ~ am ~ ~ c:~ ~F w ~ o W) ~ ~w a ~ a~, g ~ Q ~ .r oo~ Q ® Q~ ~ to W 1 /iq- RI ~ ~ O xo Z ~ o ~ w~ zm dl ~ ~' ~ U ~m g ~~ i way 31 ° o w a 1 tq ° c~co~o n I ~ry0 ~ ~ E _ O 2 z.+~A N 1 / ~ Z ~~~~-~ OQ ° II 1 ~ ~ o ~ ~ z U ' ~~~ Z ° J or~~ YI w~.oV Z ~- ~ N O1 P, li ~~ _ O n ui °z _ay02~ 311W N31 -N O ~~ Vl Vl OO ,S£'8~69Z M„Sl,£S.OOS - o ,~ N vi ~ ~ NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE N0.06- /2 ? 7 PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land being a portion of the Southwest'/a of Section 11, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 21.77 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of--way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Avenue, Meridian, Idaho. This ordinance shall become effective on the Zl s day of ~p ~/~~,~, , 2006. r Mayor and City Council th City of Meridian By: William G. Berg, Jr., City Clerk First Reading: l'l'' Z/~ ~ ~ Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES NO Second Reading: •-- Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 06- /Z77 The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 06- l2 7 ? of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this Z ~ ~'V day of !~o ~ ~~ , 2006. ~ ~ ~J William. L.M. Nary, City Att ORDINANCE Si.TNIIVIARY - A~06-013 CANTERBURY COMMONS SUB Page 1 of 1 • • November 17, 2006 MERIDIAN CITY COUNCIL MEETING November 21,2006 APPLICANT ITEM NO. ~ 9 REQUEST Executive Session per Idaho State Code 67-2345 (1)(a), (b) and (c) AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ~ ~ ;) F:~ ff '7 _~a ,~, ~ ' ~'r,~„s -vim'` MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Joe Borton Charles Rountree Shaun Wardle CITY DEPARTMENTS Fire 540 E. Franklin Road 888-1234 /fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579 /fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533 /fax 888-6844 Police 1401 E. Watertower Lane 888-6678 /fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500 /fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 /fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191 /fax 884-0744 - Water 2355 N.W. 8th Street 888-5242 /fax 884-1159 RECEI~D NOV 2 ~ X006 City Qf Mericliau. City Clerk Office DELIQUENCY FOR TURN OFF Schedule for November 29, 2006 Cycle 1 MAYOR: This letter attests to the fact that no water users have requested a pre-termination hearing for November 28, 2006. Users having delinquent utility bills will be shut off on November 29, 2006. The total amount past due is $11,729.61. The number past due customers is 119. ~~ Jaycee Holman CITY HALL 33 EAST InAxo AvENUE MERIDL~IV, IDAxO 83642 208) 888-4433 QTY CLERK -FAX 888-4218 CITY ATTORNEY /FIR -FAX 884-8723 FINANCE & UTILITY BILLING -FAX 887- 13 MAYORS OFFICE -FAX 884-8116 M CITY OF MERIDIAN Shutoff Account List -MASTER LIST Page: 1 Standard Payment Customers Nov 28, 2006 04:57pm Current Period: 12/05/2006 -Transactions Included Through: 12/05/2006 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Report Criteria: Terminated customers not included Customer.Cust No () _ {<}880000001 Customer.Bill Cycle =1 Customer.disconnected = No Customer.shut off list = No Ref No Cust No Name /Service Address Past Due Balance 1 20.46.0848.2 BICANDI, THOMAS ~ REBECCA 75.79 117.29 3750 FLORENCE DR E 2 21.48.2904.1 BLUE RIBBON ARTISANS BISTRO 608.76 1,230.08 1435 / 1441 EAGLE RD N 3 22.50.0226.1 HOWELL, JAMES 68.06 114.65 234 8~ 236 STATE AVE E 4 22.50.0306.2 RITTENHOUSE, CRAIG 261.24 479.22 141 CARLTON AVE E 5 22.50.0586.5 LEWIS, JASON 8~ LEANNE 69.92 106.91 601 BADLEY AVE E 6 22.50.0678.1 HOOVER, LYND M 194.27 326.57 1318 4TH ST E 7 22.50.0680.1 HOOVER, LINDA 230.30 267.91 1320 4TH ST E 8 22.50.0786.2 MULLIGAN, JOHN 387.24 410.32 399 BADLEY AVE E 9 22.50.1380.1 RAYMOND, CHACE 52.72 160.95 1302 1ST ST E 10 22.50.1998.4 AL-SAMMAK, TAMMY 8~ KHUDEIR 116.35 205.30 991 CROSSBILL CT E 11 22.50.2122.2 STEVE & SANDI DAVIS 80.93 132.42 1052 GRANDBURG CT E 12 22.50.2214.3 BEATIE, LEONARD 8~ ANDREA 57.21 128.00 1029 MAPLE CREEK AVE N 13 22.50.2302.3 COOPER, JAMES 8~ RHONDA 117.90 181.34 1159 SHELLBROOK DR E CITY OF MERIDIAN Shutoff Account List -MASTER LIST Page: 2 Standard Payment Customers Nov 28, 2006 04:58pm Current Period: 12/05/2006 -Transactions Included Through: 12/05/2006 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 14 22.50.3856.5 WURTZ, JENNIFER 82.51 141.15 1183 ADKINS AVE N 15 22.51.0334.3 NIEHOFF, DENNIS 51.07 95.39 304 BROADWAY AVE E 16 22.51.0346.2 BRIDGE DEVELOPMENT LLC 146.28 169.36 226 BROADWAY AVE E 17 22.51.0928.3 HICKEY, F.A. 58.70 110.76 603 PINE AVE E 18 22.51.1339.2 PATIO COVERS UNLIMITED 77.70 111.41 SPK - 760 RALSTIN ST N 19 22.51.3094.3 VNUK, JOHN 100.34 136.56 55 KING ST E 20 22.51.3310.2 WEBB, MICHAEL 99.87 174.11 226 2ND ST E 21 22.51.3580.1 HIGGINBOTHAM, RON 100.38 224.88 126 KING ST E 22 22.51.3660.3 FUHRMAN, JIM 81.33 108.44 47 ADA ST E 23 22.51.4362.2 OUTLAW PROPERTIES 153.18 266.97 520 MERIDIAN RD S 24 22.51.4366.2 OUTLAW PROPERTIES LLC 151.17 302.27 450 MERIDIAN RD S 25 23.01.0800.1 BREWER, SID 8~ SHELLY 74.01 156.25 423 BROADWAY AVE W 26 23.01.2240.2 MAYORGA, LUIS ~ DAMARY 67.08 127.69 1571 IDAHO CT W 27 23.01.3130.2 PETERSON, JIM 105.70 196.14 935 PINE AVE W 28 23.01.3250.2 COWGER, GALEN 8~ SHANNON 120.38 201.14 801 PINE AVE W CITY OF MERIDIAN Shutoff Account List -MASTER LIST Page: 3 Standard Payment Customers Nov 28, 2006 04:58pm Current Period: 12/05/2006 -Transactions Included Through: 12/05/2006 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 29 23.01.3510.4 WILKINSON, Z. ~ BOYNTON, L. 53.49 139.10 205 PINE AVE W 30 23.02.0210.1 DUNN, SHAWN 124.08 210.19 1030 4TH ST W 31 23.02.3702.2 CROW, ED 8~ KARA 68.73 113.21 1635 MERIDIAN ST 32 23.02.3892.1 MCNALLEY, RUSSELL 106.24 150.85 26 WASHINGTON AVE W 33 23.02.4290.1 GROSSO, SHADOW 61.18 84.26 1234 MAPLE ST 34 23.02.5630.2 BEMIS, M. ~ ICENOGLE, A. 57.53 125.85 1121 15TH AVE W 35 23.02.5650.1 FARNSWORTH, MELODY 74.76 119.21 1527 WASHINGTON ST W 36 24.03.0058.2 LEE, LISA M 112.38 178.37 2080 SNYDER DR W 37 24.03.0070.2 MASKELL, BRIAN 8 KAREN 83.08 211.24 646 TIDWELL WY N 38 24.03.0102.2 MENDOZA ,MISTY 94.98 136.78 617 TIDWELL WY N 39 24.03.0340.3 SMITH, AARON 80.47 142.93 753 ROTAN AVE N 40 24.03.0400.2 LYONS, BRADLEY & RACHEL 61.12 86.90 795 TALL PINE PL N 41 24.03.0826.2 NICHOLS, TERRIE 8~ NELLIE 79.90 133.18 2451 SNYDER ST W 42 24.04.1138.2 JONES, NATHAN 61.52 98.51 1040 MAURA AVE N CITY OF MERIDIAN Shutoff Account List -MASTER LIST Page: 4 Standard Payment Customers Nov 28, 2006 04:58pm Current Period: 12/05/2006 -Transactions Included Through: 12/05/2006 Shutoff Minimum of $ 50.00 compared to Delinquent Balance a - - Ref No Cust No Name /Service Address Past Due Balance 43 24.04.1430.2 GUYMON, GREG & ALLISON 58.87 89.90 2856 SHERYL ST W 44 24.04.1454.1 FUENTES, CHRYSTLE 50.52 88.56 1257 CAURA AVE N 45 24.04.1552.2 ROMANO, SANTINO 85.24 136.76 2839 SANTA CLARA DR W 46 24.04.1554.1 DOLL, THOMAS 64.20 130.33 2813 SANTA CLARA DR W 47 24.04.1598.1 OGAN, JOHN & DAWN 53.69 97.86 2857 WILLARD ST W 48 24.04.1664.3 ANSON, RICK & REBECCA 180.83 252.57 1432 HAVEN COVE AVE N 49 24.04.1674.3 PREHODA, BRYAN 56.74 107.11 1572 HAVEN COVE AVE N 50 24.04.1838.3 REDICAN, DONALD ~ CYNTHIA 88.69 150.54 2451 SANTA CAARA DR W 51 24.04.2010.7 BELAIR, DENNIS 73.68 180.34 2118 SUNNY SLOPE DR W 52 24.04.2232.3 MACARTHUR, KENNETH ~ TRISH 105.28 146.75 1679 SUNNY SLOPE DR W 53 24.04.2282.1 DRURY, PATRICK 78.84 160.44 1422 SANTA ROSA PL N 54 24.04.2284.2 ZEDWICK, PHILIP 8 DEBRA 107.85 206.18 1460 SANTA ROSA PL N 55 25.05.0640.2 SPOREA, ILIJA & LAURA 190.94 310.41 1352 CLIFF CREEK PL N 56 25.05.0720.2 SANTOS, WILLIE & MARIE 84.23 177.95 3508 FIR CREEK CT W 57 25.25.0118.2 HAGEN, PHILIP 56.14 112.11 1060 CLIFF CREEK AVE N 58 25.25.0126.3 LEGRAND, JAMES 117.37 181.74 3330 WAVE DR W CITY OF MERIDIAN Shutoff Account List -MASTER LIST Page: 5 Standard Payment Customers Nov 28, 2006 04:58pm Current Period: 12/05/2006 -Transactions Included Through: 12/05/2006 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 59 25.95.0308.3 IDAVEST PROPERTIES, LLC 67.17 147.06 1037 GLAMORGAN AVE N 60 29.07.0896.3 HAFER, RUSSELL 56.74 127.06 402 LODESTONE AVE S 61 30.30.5014.2 MEYERS, SHEILA 102.23 166.92 809 ALDEN DR W 62 30.30.6068.4 HORNER, VICKIE & JARRY 8~CARAME 74.83 123.20 1008 SPOONBILL AVE S 63 30.30.6220.3 TAYLOR, SEAN 54.22 87.46 1340 JACKSNIPE DR W 64 30.30.6242.2 FLAUGH, ELIZABETH 102.66 190.14 1144 GRAYLING AVE S 65 30.30.6294.2 KRAMER, JAMES 8 BOYER, ANGELA 84.98 155.56 1276 BROWN TROUT DR W 66 30.74.0336.3 TREPAGNIER, MARY DENISE 71.99 154.67 705 HANOVER CT 67 30.74.0358.5 PALLISTER, J.L. 8~ CHRISTY 81.30 135.19 708 HANOVER CT 68 30.74.0804.1 TJ R2 208.31 421.72 131 5TH AVE SW 69 30.74.0830.1 PENNWOOD III BLDG #1 64.65 64.65 429 5TH AVE S W 70 30.74.1076.1 MOORE, EVELYN 120.37 120.37 2 ROSE CL 71 30.74.2390.4 COFFMAN, JENNIFER 53.92 119.87 1058 LOUISVILLE CT W 72 30.74.2506.3 SIMPSON, KENNETH ~ AMY 127.86 230.11 1480 KIMRA ST W 73 30.74.2726.3 CAMPBELL, ROSS JR 53.85 158.84 1108 CRESTWOOD DR 74 30.74.2998.2 EMERY, KEVIN 92.80 149.51 589 CANVASBACK WAY S CITY OF MERIDIAN Shutoff Account List -MASTER LIST Page: 6 Standard Payment Customers Nov 28, 2006 04:59pm Current Period: 12/05/2006 -Transactions Included Through: 12/05/2006 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 75 30.74.3090.2 CLAY, JAMES ~ JANE 56.24 112.95 550 PELICAN WAY S 76 30.74.3110.3 ARENDS, GARRICK & STEPHANIE 83.22 177.71 919 EGRET DR W 77 30.74.3192.2 HENDRICKSON, BILL & NOREEN 70.80 113.48 905 GREENHEAD ST W NO ARRANGEMENTS 78 30.74.3352.3 CLAY, JAMES & JANE 91.93 142.57 1355 GANDER DR W 79 30.74.3504.4 PALMER, MATTHEW 196.41 227.55 1111 HONKER DR W 80 30.74.3604.3 HOUST, D. & COLLETT, D. & J. 54.35 176.24 998 EIDER DR W 81 30.74.3628.3 MARTINEZ, RICHARD 52.71 115.10 1035 EIDER DR W 82 31.52.0437.2 L & A PROPERTIES, LLP 128.68 161.81 SPK - 680 PROGRESS AVE S 83 32.32.4068.3 BIGLEY, CYNTHIA 53.34 84.04 1726 PRATT ST E 84 32.32.4842.3 JENSEN, BRADY & CARRIE 69.58 107.45 557 TRUNNEL AVE S 85 33.33.0001.1 MONTVUE SPINAL CLINIC 98.70 122.96 SPK - 360 MONTVUE SPINAL CLIN 86 33.33.0002.1 MED PROPERTIES LLC 362.01 615.25 360 MONTVUE DR S 87 35.35.0087.4 FIELDS, SCOTT & CHRISTINE 53.51 139.50 2832 INDIAN CREEK DR E 88 35.35.1414.3 FOX, ERICK 73.94 118.39 3114 MOON DIPPER ST E 89 35.35.3028.1 ROTTA, JOE & DARCIE 52.65 75.73 2715 BAYOU BAR WAY S 90 35.35.3040.1 NIXON, JEREMEY & LIZ 76.29 152.41 2111 HORSE CREEK ST E CITY OF MERIDIAN Shutoff Account List -MASTER LIST ~ Page: 7 Standard Payment Customers Nov 28, 2006 04:59pm Current Period: 12/05/2006 -Transaction s Included Through: 12/05/2006 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 91 35.35.6018.2 VANDERLAAN, RUDOLPH & GAYLE 55.88 118.27 1797 FIRESIDE CT E 92 35.38.0107.2 FRANKLYN, DONNA 66.77 109.01 2210 MCPHERSON ST E 93 35.38.0116.1 WOODRUFF, ANGELA 69.86 143.86 2235 POWDER RIVER ST E 94 35.65.0276.4 FRANK, THOMAS & EDNA 63.59 131.21 2057 EASY JET ST E 95 35.65.0450.2 GLESSNER, DANNY & KAREN 53.46 105.70 1987 PARTY JET ST E 96 35.65.0666.3 SASM, MARTHA 57.77 97.45 1887 BLUE TICK ST E 97 36.36.1002.1 ALL AMERICAN HOMES 68.46 165.13 3115 DAYBREAK AVE S 98 36.36.1008.1 INLINE CONSTRUCTION 77.54 77.54 638 OBSERVATION DR E 99 36.36.1136.1 CRESTWOOD CONSTRUCTION 86.08 130.53 3009 ANDROS WAY S 100 36.59.0118.1 ALL AMERICAN HOMES 139.33 162.41 781 FALLINGBRANCH CT E 101 36.59.0125.1 ALL AMERICAN HOMES 79.92 103.00 805 LOGGERS PASS ST E 102 36.65.3120.3 CLARK, BRIAN 56.13 115.37 1777 LABRADOR PL S 103 36.68.0038.2 MILLER, MATTHEW 8~ JENNIFER 81.99 130.47 2456 CHINA RAPIDS PL S 104 36.68.0312.2 BENSON, JR. DARRYL 56.77 121.13 1505 LAKE CREEK ST E 105 36.69.0530.1 ATCHISON, JEFFERY 98.02 179.20 1053 PEACOCK ST E 7/26/06-PER STACY, OKAY TO ACCEPT CHECK FROM LISA BRUNER...IF ONE COMES BACK, LISA WILL BE CASH ONLY FROM NOW ON!!!!-DB CITY OF MERIDIAN Shutoff Account List -MASTER LIST Page: 8 Standard Payment Customers Nov 28, 2006 04:59pm Current Period: 12/05/2006 -Transactions Included Thro ugh: 12/05/2006 Shutoff Minimum of $50.00 compa red to Delinquent Balance Ref ` No Cust No Name /Service Address Past Due Balance 106 36.69.0544.3 ELLIS, II, JOHN ~ JOANNA 110.47 173.91 1844 RETRIEVER WAY S 107 36.69.0570.1 CADY, WILLIAM 80.18 137.19 1139 SHEPHERD ST E 108 36.69.1304.1 WILDE, KENNETH 187.25 275.87 2508 ABACO WAY S 109 37.37.3016.2 CASON, EDWARD L. & TRACT L. 69.13 173.55 2893 DENALI WAY S 110 37.50.0501.2 COOLEY, MATTHEW & CAROL 74.68 97.76 2949 JIOVANNI AVE S 111 37.70.1540.2 SCARBOROUGH, JOCELYN B 175.09 198.17 3143 SILVERTIP LN S 112 45.20.0107.2 BREWER, BRANDY 64.67 107.96 1246 PIENZA ST E 113 45.20.0321.2 WARDWELL, KEVIN & KRISTI 90.79 190.04 3528 MURLO WAY S CASH ONLY-CUSTOMER WROTE NSF TO GET/KEEP WATER ON MADE ON 9/27/06.-DB 114 45.25.0108.2 BYERS, VILNA 67.77 114.18 1488 SICILY ST E 115 46.16.1110.2 DUNBAR, THOMAS ~ TRISA 60.29 91.73 3917 FIRENZE WAY S 116 46.16.1111.3 FRENCH, DOUG 55.65 75.00 3885 FIRENZE WAY S 117 46.46.6256.2 MCDONALD, ANDREA 117.92 159.85 3564 CAPULET WAY S 118 46.46.7076.2 HEFFNER, RICK & STEPHANIE 55.69 101.92 3838 MILAN WAY S 119 46.60.0705.2 ROMAN, ERIC 53.26 76.34 3653 LAMONE WAY S Grand Totals: 119 Customers Listed 11,729.61 19,902.83