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HomeMy WebLinkAbout2010 11-03E IDIAN~-- IC3AH0 CITY COUNCIL REGULAR MEETING AGENDA Wednesday, November 03, 2010 at 7:00 PM 1. Roll-Call Attendance X_ David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Larry Woodward with Ten Mile Christian Church 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Cooperative Agreement Between Valley Regional Transit and the City of Meridian for Annual Dues and Service Contribution B. Personal Services Agreement Between the City of Meridian and Laurie McElroy for Yoga Classes C. Budget Line Item Reallocation for Lakeview Golf Course Capital Improvements for $6,000.00 6. Items Moved From Consent Agenda 7. Action Items A. Continued Pubtic Hearing From October 26, 2010: AZ 10-002 for Barletta Subdivision by Russell 8~ Karen Hunemiler Located at 3299 W. Davis Lane Request: Annexation and Zoning Approval of 5.94 Acres with an R-2 Zoning District Approved B. Continued Public Hearing From October 26, 2010: PP 10-002 for Barletta Subdivision by Russell and Karen Hunemiller Located at 3299 W. Davis Lane Request: Preliminary Plat Meridian City Council Meeting Agenda -Wednesday, November 03, 2010 Page 1 of 2 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. Approval of 2 Building Lots and 2 Common /Other Lots on 5.94 Acres Approved 8 C. Public Hearing: TE 10-025 Normandy Subdivision by James Patterson Located at 4145 S. Locust Grove Road Request: Two (2) year Time Extension to Obtain the City Engineer's Signature on the Final Plat Approved D. Public Hearing: TE 10-026 Blackstone No. 2 by Landmark Engineering and Planning, Inc. Located at 4700. W. Aspen Creek Street Request: Approval of a 24-Month Time Extension to Obtain the City Engineer's Signature on the Final Plat Approved E. Public Hearing: TE 10-027 Harcourt Subdivision by Great Sky, Inc. Located South Side of E. Victory Road and East of S. Eagle Road Request: Approval of a 24-Month Time Extension to Obtain the City Engineer's Signature on the Final Plat Continued to 11/23/10 Department Reports A. Planning Department: Discussion on Idaho Transportation Department's (ITD) Statewide Transportation Improvement Program (STIP) Regarding State Highway 20/26 and State Highway 44 9. Ordinances A. Ordinance No. 10-1463: An Ordinance Amending Title 11 of the Meridian City Code as Codified at Title 11, entitled the Unified Development Code of the Meridian City Code (ZOA 10- 002) Approved B. Ordinance No. 10-1464: An Ordinance of the City of Meridian Amending Meridian City Code Section 3-4-1, relating to Outdoor Sales and Temporary Uses Definitions; Amending Meridian City Code Section 3-4-3(A)(6), relating to Exceptions to Licensing Requirements for Temporary Uses; Amending Meridian City Code Section 3-4-3(C)(8), relating to Garage Sales; Adding a new section, Meridian City Code Section 3-4- 3(C)(9), providing standards for Temporary Construction Sites; Providing for a Savings Clause; and Providing an Effective Date Approved Adjourned at 8:22 p.m. Meridian City Council Meeting Agenda -Wednesday, November 03, 2010 Page 2 of 2 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 IDIAN~--- ID~HO CITY COUNCIL REGULAR MEETING AGENDA Wednesday, November 03, 2010 at 7:00 PM 1. Roll-Call Attendance `~ David Zaremba '/ Brad Hoaglun Charlie Rountree / ~ Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Larry Woodward with Ten Mile Christian Church 4. Adoption of the Agenda 8~/ ~fJ Q-Q~~~ 5. Consent Agenda p p~ ~/~/~ ~~~~ A. Cooperative Agreement Between Valley Regional Transit and the City of Meridian for Annual Dues and Service Contribution B. Personal Services Agreement Between the City of Meridian and Laurie McElroy for Yoga Classes C. Budget Line Item Reallocation for Lakeview Golf Course Capital Improvements for $6,000.00 6. Items Moved From Consent Agenda 7. Action Items A. Continued Public Hearing From October 26, 2010: AZ 10-002 I ~ for Barletta Subdivision by Russell & Karen Hunemiler Located ~ " at 3299 W. Davis Lane Request: Annexation d Zonin ~~ ~ Approval of 5.94 Acres wi an R-2 Zoning District ~~G~ `~ ~ I Ud ~ ~ ~~,c~ C~ k, ~ v ~ B. Continued Public Hearing From October 26, 2010: PP 10-002 ~ ~~` for Barletta Subdivision b Russell and Karen Hunemiller Y Located at 3299 W. Davis Lane Request: Preliminary Plat Meridian City Council Meeting Agenda -Wednesday, November 03, 2010 Page 1 of 2 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 Ci Clerk's Office at 888x4433 at I,~a ~ hqurs prior to the public meeting. l/~VI C F/J-~~ {~ Approval of 2 Building Lots and 2 Common /Other Lots on 5.94 Acres C. Public Hearing: TE 10-025 Normandy Subdivision by James ~~ ~~ C~-P~ Patterson Located at 4145 S. Locust Grove Road Request: Two C ~~~ (2) year Time Extension to Of~tai.t~~ City Engineer's Signature on the Fin I PI t ~`~ J ~-p~ ~ cue ~~ . ~`~~~ Public Hearing: T 10-026 Blackstone No. 2 by Landmark ~' C Ut~K Engineering and Planning, Inc. Located at 4700 W. Aspen ~ ~ Creek Street Request: Approval of a 24-Month Time Extension ~ to Obtain the City Eng'r>~eer's Si n ture on the Final Plat ~~ ~~~~ . g+t~k,~3 Public Hearing`. TE 10-027 Harcourt Subdivision by Great Sky, ~ . Inc. Located South Side of E. Victory Road and East of S. ~' ~~' Eagle Road Request: Approval of a 24-Month Time Extension to Ob 'n the City En ineer's Signatu~rf on~h~e Final Plat/.'~~y~ l ~~ j ~~ ~ 8. Department eports A. Planning Department: Discussion on Idaho Transportation Department's (ITD) Statewide Transportation Improvement Program (STIP) Re~a~ g S~hway 20/26 and State Highway 44 ~ , f~ 9. Ordinances A. Ordinance No. Proposed # 10-1463: An Ordinance Amending Title 11 of the Meridian City Code as Codified at Title 11, entitled the Unified Development Code of the Meridian City Code (ZOA 10-002) ~(~ I ~° B. Ordinance No. Proposed # 10-1464: An Ordinance of the City of Meridian Amending Meridian City Code Section 3-4-1, relating to Outdoor Sales and Temporary Uses Definitions; Amending Meridian City Code Section 3-4-3(A)(6), relating to Exceptions to Licensing Requirements for Temporary Uses; Amending Meridian City Code Section 3-4-3(C)(8), relating to Garage Sales; Adding a new section, Meridian City Code Section 3-4-3(C)(9), providing standards for Temporary Construction Sites; Providing for a Savings Clause; and Providing an Effective Date n ~L~ C (l ~',~ d- Pin erid an City Council Meeting Agenda -Wed esday, November 03, 2010 Page 2 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian Citv Council Meetinct November 3, 2010 A Council meeting of the Meridian City Council was called to order at 7:05 p.m., Tuesday, November 3, 2010, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, President David Zaremba, Charlie Rountree, Brad Hoaglun and Keith Bird. Others Present: Jaycee Holman, Bill Nary, Bill Parsons, Caleb Hood, Warren Stewart, Scott Colaianni and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X -Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd de Weerd: I will go ahead and call this meeting to order. Welcome to the City Council meeting. For the record it is Wednesday, November 3rd. It's 7:00 o'clock. We will start tonight's meeting with roll call attendance. Item 2: Pledge of Allegiance de Weerd: Item No. 2 is our Pledge of Allegiance. If you will all rise and join us in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by Larry Woodward with Ten Mile Christian Church. de Weerd: Item No. 3 is our community invocation. Tonight we will be led by Larry Woodward with Ten Mile Christian Church. And I still want to say Cherry Lane. We invite you to, please, join us in the community invocation or take this as an opportunity for a moment of reflection. Larry, thank you for joining us tonight. Woodward: My pleasure. Our gracious Heavenly Father, we come before you tonight and thank you for the blessings that you have bestowed upon this community. I thank you for these men and women who lead our city and ask that you grant them wisdom tonight as they have their deliberations about events and actions that will affect not only our businesses, but our families and our homes for years to come. There are not many city councils that open with prayer anymore in our country and I think the fact that we get national recognition as being one of the best cities in the nation is a attribute to this practice. I'm reminded that at the Constitution convention Ben Franklin stood up and he says I -- I want to remind everyone that God governs the affairs of men and he Meridian City Council November 3, 2010 Page 2 of 29 suggested that before each meeting that they implore the assistance of heaven before they get on with their business and that one of the clergy in town become -- come forward to officiate in that service. Ben Franklin was right 200 years ago and this Council is right today, in Jesus' name, amen. Item 4: Adoption of the Agenda de Weerd: Thank you, Larry, for -- you and Betty for being here this evening. Item No. 4 is adoption of the agenda. Hoaglun: Madam Mayor? de Weerd: Mr. Hoaglun. Hoaglun: On the agenda for this evening under ordinances under 9-A that ordinance number is 10-1463. And 9-B is ordinance number 10-1464. And with that I move adoption of tonight's agenda. Bird: Second. de Weerd: I have a motion and a second to approve the agenda as printed. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda. A. Cooperative Agreement Between Valley Regional Transit and the City of Meridian for Annual Dues and Service Contribution B. Personal Services Agreement Between the City of Meridian and Laurie McElroy for Yoga Classes C. Budget Line Item Reallocation for Lakeview Golf Course Capital Improvements for $6,000.00 de Weerd: Item 5 is our Consent Agenda. Hoaglun: Madam Mayor, on tonight's Consent Agenda we have no changes, so I move approval of the Consent Agenda and that the Mayor be authorized to sign and Clerk to attest. Bird: Second. de Weerd: I have a motion and a second to approve the Consent Agenda. If there is no discussion, Madam Clerk, will you call roll. Meridian City Council November 3, 2010 Page 3 of 29 Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 6: Items Moved From Consent Agenda. de Weerd: Council -- Councilman Rountree, did you want to discuss the item under the Consent Agenda, Item 5-C? Rountree: We can. I'm just pulling up now the accounting that you received today, I believe. We had information from the members and groups at the golf course who have pledged, provided, created about that 11,000 dollars -- a little over 11,000 dollars in funds from tournaments, garage sales, those kinds of activities, to be used primarily for the cart paths and some indication that they wanted some of the material to be used for sand traps. As you recall, we were asked to match that donation, yet our discretionary funds are much less than that amount, to the amount of about 10,000 dollars a year. Last week it was suggested that we look at a not to exceed 6,000 dollars to match that local effort out there and, in fact, we just passed the Consent Agenda that included that amount of money to be moved towards the golf course and to be accounted for with improvements to be made on the sand traps and cart paths. So, though we can't match the entire request, I think we have done a significant contribution there. I will update the Council that the millings of some of the asphalt work around the city have been deposited on the golf course parking lot, probably something on the order of 400 yards, is way sufficient to do what they need to do. With the additional funds they maybe able to do much more cart path work than originally anticipated and I believe they should be really close getting everything done out there with that. I appreciate the Council's consideration of this. I'm sure that the folks out there will appreciate the match that the Council is moving forward with. I would also like to recommend that we write a letter to Ada County Highway District for the donation of those millings and, actually, the hauling of that material to the golf course. It was a rather long night all night Sunday night with trucks going in and out of the subdivision and depositing that material there, but I think the neighbors were all informed that that was going on and it certainly did go on most of the night. Fortunately, I slept through most of it. de Weerd: Thank you. Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Zaremba: I would just add to that comment. It's evident that they are already putting that to work. They have pretty much installed one portion of the new golf cart trail and it looks like they are working on it with vigor. That's nice to know. Meridian City Council November 3, 2010 Page 4 of 29 de Weerd: Very good. Rountree: Oh. One other point. I did hear from one member of the group who actually was part of the tournament process and participated in all the events that the funds raised were not necessarily funds to assist the golf course operator out of the pickle that they are in, but the fact that the members out there and the folks that play out there routinely desired to have these things done and took this upon themselves to get it done. Again, one of those efforts that are consistent with Meridian and our ability to get volunteers to come forward and get projects that are good for our city done and I really do appreciate that grass roots effort to accomplish what's been accomplished out there, particularly with the economic issues that are facing all of us. Item 7: Action Items. A. Continued Public Hearing From October 26, 2010: AZ 10-002 for Barletta Subdivision by Russell & Karen Hunemiler Located at 3299 W. Davis Lane Request: Annexation and Zoning Approval of 5.94 Acres with an R-2 Zoning District B. Continued Public Hearing From October 26, 2010: PP 10-002 for Barletta Subdivision by Russell and Karen Hunemiller Located at 3299 W. Davis Lane Request: Preliminary Plat Approval of 2 Building Lots and 2 Common /Other Lots on 5.94 Acres de Weerd: Well said. Okay. Thank you. Okay. On Item 7-A we have -- and 7A, B and -- A and B. We had a continued public hearing. I will ask staff to introduce this item and, then, we will ask Becky to come up. Parsons: Thank you, Madam Mayor, Members of the Council. If you recall at the last hearing this item was -- the Barletta Subdivision. The applicant was requesting annexation and zoning of a two lot subdivision within the city. At that time they had asked for a waiver of city water services, asked for a waiver for tiling the service ditch and the Ridenbaugh Canal. Council gave staff direction to draft some appropriate DA provisions and bring them back for you this evening. I sent out a memo to the city clerk on Monday morning and hoped that you would receive those in advance by tonight's hearing. They informed me that you -- they would, indeed, give it you early, so I -- my understanding you have had a chance to go over these. I have them up on the screen for you, too, this evening to kind of refresh your memory. I won't go through all of them, but I will hit the major joints here. The first two DA provisions are regarding the sewer hook up -- or city services hook up and B is relinquishing or removing the well and the septic system when services are available and, then, also the last DA provision we did hold the developer to no more than two buildable lots and that if that property were to redivide -- or resubdivide in the future that they would have to comply with the UDC requirements and provide sewer, water, and a public street system. I have received Meridian City Council November 3, 2010 Page 5 of 29 verbal commitment from the applicant -- applicant's representative that they are in agreement with these provisions. If Council feels there are any additional DA provisions that are required, I would ask that you state that tonight, so that we can include that in the DA if you feel so inclined -- if you feel inclined to approve that request tonight. Our last outstanding issue -- and we didn't get any clarification from Council -- was whether or not you were in favor of waiving the tiling of that service ditch. It's a little ditch that serves the property. He uses it for irrigation now. The way staff had it in anticipation if this goes forward, in the staff report staff had recommended that that become, basically, a water feature within the open space lot. I think the applicant's amenable to that, but I did want to point that out that we didn't get that clarification, so I'd just ask for Council to provide direction to staff on that as well. And with that I'd be happy to answer any questions you have. de Weerd: Thank you. Counsel, any questions? Bird: I have none. de Weerd: Okay. Becky. Only about the item that Bill just brought up on the open ditch. McKay: Madam Mayor, Members of the Council, Becky McKay, Engineering Solutions, 1029 North Rosario. It's just a small ditch. It's only like about that deep they have used to irrigate. They want to continue to use it. I guess they would have the option of either making it an amenity, like Bill's recommended or they could pipe it if they chose not to do that. But we are in agreement. de Weerd: Okay. Any questions from Council? Hoaglun: I do have one quick question, maybe more for Bill and Becky, but the 300 feet, is that when the sewer line comes up Ten Mile? Is that 300 feet or does it have to be moved any? Is that -- 300 feet sometimes is just kind of a common number that we throw out, but is it an actual number that when it comes up Ten Mile, then, they are going to have to have -- that time frame starts to connect? Stewart: Madam Mayor, Members of the Council, Councilman Hoaglun, the master plan -- the sewer and water master plan anticipates that eventually Overland Road will cross Ten Mile headed to the west and that there will be a stub street coming off of that section of the new road and that this property will be served with utilities that will come down that stub street -- or -- yeah. So, when that occurs we would anticipate that they would be hooking up to that. Hoaglun: And just to double check, if I might, Madam Mayor and Warren. Then, that's within the 300 feet, it's not like 800 feet and we are going to ask them to connect up to 800 feet when we say 300 feet. Meridian City Council November 3, 2010 Page 6 of 29 Stewart: Yeah. That is -- that is correct. We -- I mean the stub street will come down within 300 feet and eventually as the development of the parcels to the south of them brings it down that way this stub street will connect up to them. Hoaglun: Okay. Thank you. That's all I had. de Weerd: Anything else? Thank you, Becky. Council, any additional information needed on this item? Is there anyone in the public who would like to provide testimony on this item? Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: I move that we close the public hearings on Items 7A and B. Zaremba: Second. de Weerd: I have a motion and a second to close 7-A and 7-B. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. de Weerd: Madam Mayor, I move that we approve Item 7-A, AZ 10-002 and for staffs clarification, in that annexation and DA indicate that it's the Council's preference that the water feature be included with this project as the use of the delivery ditch. Bird: Second. de Weerd: I have a motion and a second. Any discussion? Okay. Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: I move we approve Item 7-B, preliminary plat 10-002. Hoaglun: Second. Meridian City Council November 3, 2010 Page 7 of 29 de Weerd: I have a motion and a second to approve Item 7-B. If there is no discussion from Council, Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. C. Public Hearing: TE 10-025 Normandy Subdivision by James Patterson Located at 4145 S. Locust Grove Road Request: Two (2) year Time Extension to Obtain the City Engineer's Signature on the Final Plat de Weerd: Item 7-C is a public hearing on TE 10-025. I will open this public hearing with staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. This subject property before you tonight is on the west side of Locust Grove between Amity Road and Victory Road. This property was annexed and preliminary platted back in 2006 with 109 residential lots and seven common lots. This is the second time extension request before you this evening. They are requesting a two year time extension. One note for you. Really, staff is recommending approval of the time extension. One issue came about as we did research from our previous approvals and we noticed during the hearing in 2006 Council had recommended approval of the plat and the annexation request with the requirement that a DA be required. The property was actually annexed and the DA was never executed. The applicant -- we received comments from the applicant. He is in agreement with executing the DA, but he was asking Council to waive the development agreement fees. When this property -- back in 2008 we initiated a new fee schedule and, then, we had proposed to Council a 303 dollar fee for the preparation of a DA, Council approved that fee applicant. The applicant contends his annexation and plat was approved in 2006 prior to the adoption of that fee. He's not in disagreement that there is a requirement for a development agreement, he just asks that since there has been a loop or a lack of a DA that he be held to those standards back in 2007 and not have to pay the fee. Other than that, there are no outstanding issues before you and I would be happy to answer any questions you may have. de Weerd: Thank you, Bill. Any questions from Council? Bird: I have none. Rountree: I have none right now. de Weerd: Thank you. We are beginning to think that the economy is getting really good, because we see faces we haven't seen since the growth years. Meridian City Council November 3, 2010 Page 8 of 29 Schultz: I hope so. I hope so, Mayor. Good evening, Mayor and Council. Matt Schultz, 2127 South Alaska here in Meridian. The Schultz Company here on behalf of James Patterson, the owner of this property. Back in 2006 when we submitted it, a private development group had a contract to purchase the property from Mr. Patterson and we got it platted in early 2007 and we were looking back through the minutes recently when I saw this development agreement and Iwas -- what was that and Mr. Zaremba actually at the hearing made a recommendation that we tie some building elevations into a development agreement, that's really how it came about. At that time it was kind of on the edge whether Council was doing that or not when we submitted. By the time we got it approved Council was wanting to tie some building elevations to the development agreements and -- but at that point when it was approved, basically, all work stopped on the project, the economy kind of slowed down, we forgot about the development agreement and I apologize for not following up on that. So, here we are after the second time extension remembering the development agreement and we'd certainly like to get that done and wrapped up in the next 60 days, as staff recommends. There is two issues to tie to that development agreement. One is building elevations that we submitted that, frankly, were from down the road in Tuscany Village, say we are going to do something similar to this. They are nice looking houses and we'd do something similar to that. The second condition is tied to sewer. Back in 2006 when we were going great guns, Public Works was putting conditions on a lot of different plats down there to build the off peak pump stations due to some bottlenecks downstream. Since, then, we have relieved some of that bottleneck, but I do understand that Public Works is -- has a capital improvement project to put that last section of Black Cat trunk down Victory Road, hopefully here in the next, you know, few months and I understand it's about to bid here in the next 30 to 60 days. We'd like to participate in that, as the condition says, in a proportionate share per acre, but we'd like to get into that development agreement a dollar amount, you know, we will pay this amount per acre and I think with it going out to bid here in the next 30 to 60 days, that's going to be -- talking to Public Works, that's going to be very doable. So, we'd like to get the DA submitted and before we execute it, plug in that number and that way we have some certainty moving forward with -- with how -- how the property develops and what fees are needed as we move forward. The third thing on behalf of the owner James Patterson, we just would ask for a waiver of that DA fee, if possible, so it is simple and, secondly, since it was a condition back when there were no fees for DAs. Irregardless, we want to move forward, we'd just ask for that waiver if possible. Thank you. de Weerd: Any questions from Council? Rountree: Madam Mayor, I just have a question for Warren, if he can speak to the sewer. Stewart: Yes. Back when the development was approved there was off peak lift station required. Since it didn't go through that off peak lift station was never built and we are currently engaged in a project doing redesign for the Victory gap project, which we refer to, and the design is -- it's been submitted to DEQ for their approval. Once we get their approval it will go out to bid. We don't know what the actual of that is and currently the Meridian City Council November 3, 2010 Page 9 of 29 agreement that's between all the property owners is that they will all pay a percentage share of that based on the acreage that they have for development. We don't know that actual dollar amount. We know the percentages, but we know the acres that are included in each one. So, it's up to you whether you want to just make it a -- their pro- rated percentage based on acreage or whether you want to wait until we get the actual dollars and plug in a number. Schultz: If I may. We would be willing to submit that DA here in the next week and just, as it gets reviewed and the bid gets done before it gets signed off by you, we plug in that number. You know, either way. I mean it just -- it sounds like it's all going to happen approximately at the same time anyways. The timing is good. Stewart: Madam Mayor, Members of the Council, the one caveat to that would be we will know the bid price, but we will not know the actual final construction amount for awhile. Schultz: Estimated I guess we could put in there. I understand it will be between a thousand and two thousand per acre. That's kind of the ballpark number that they are throwing around preliminarily and that's very fair and I appreciate the city taking on the gap project that I believe Kastera was going to build and, then, when the economy dropped it didn't get built and, then, that gets it done and, then, as developments come in they pay their proportionate share and it's a great way to get it done. Thanks. de Weerd: Thank you. Okay. Council -- oh, I'm sorry. Is there anyone in the audience who would like to provide additional testimony on this item? Council, any additional information needed from staff or the applicant? Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Zaremba: I would just comment on waiver of the DA fee, vaguely it would be my recollection that at the time that this application originally came through we assumed that there was a portion of DA fee included in the annexation fee, I think, and it was since that time that it was made a separate fee and I certainly would be amenable to waiving it in this case. One person's opinion. de Weerd: Okay. Any other comments? Rountree: Madam Mayor, I have a question for Mr. Nary. The desire of the applicant to have a figure in terms of the cost per acre in the DA, yet we won't know what that cost per acre is until that project is done, even though we have a bid amount. Any suggestions on how that could be addressed in the DA? Nary: Madam Mayor, Members of the Council, Council Member Rountree, Iguess -- I don't want to come back with an amendment to the DA, because, then, there is another Meridian City Council November 3, 2010 Page 10 of 29 fee. I think if we -- if we outline in the development agreement the formula that the parties are agreeing to and the methodology and use the -- the estimates as an example of that, then, if it doesn't exceed that, then, we should be fine. If it does exceed that, then, we could certainly come back to the Council if we do need to amend the development agreement and the Council could consider at that time whether to waive that fee as well. That's the only way I could think to at least try to capture as much of it up front, so that we really aren't coming back to amend it to exceed whatever the amount that we believe it might be. I don't know if Mr. Stewart has a better suggestion or Mr. Parsons. Stewart: Madam Mayor, Members of the Council, Councilman Rountree, you know, we do have a formula for that and it's based on acreage, so you know, our thought is that we -- and we have some estimates, so we could -- we could include as an estimate of that cost, we could include the formula based on the number of acres that they have we could, basically, tie theirs as a percentage, your percentage of the project is this amount, it's based on the number of acres that you have compared to the rest of the people who are participating. With an estimate of the cost they would have a ballpark figure, but without -- you know, that's pretty much the only way that we could not have to come back. If we put an actual number there and there happens to be a change order for whatever reason, then, it's not accurate anymore. But the percentage will always stay the same. de Weerd: Mr. Schultz. Schultz: Mayor and Council, that -- that sounds totally appropriate if we have an estimate and, then, subject to final -- final costs, you know, to be verified, that's -- that's a great way to do it. Thanks. de Weerd: Okay. Thank you. Okay. Anything further, Council? I would entertain a motion to close. Rountree: Madam Mayor, I move that we close the public hearing on Item 7-C. Zaremba: Second. de Weerd: I have a motion and a second to close Item 7-C. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor, I move that we approve Item 7-C, TE 10-025 for the extension of time for signature on the plat to two years, the waiver of the DA fee, and that the DA include a statement for the provision of payment of the sewer project, include an estimate amount of what that cost will be subject to a final verified cost. Bird: Second. Meridian City Council November 3, 2010 Page 11 of 29 de Weerd: I have a motion and a second. Any discussion? Hoaglun: Madam Mayor? de Weerd: Yes, Mr. Hoaglun. Hoaglun: Just to check with the maker of the motion. Was the recommendation for the DA, does that include the previously approved elevations? Was that part of the staff recommendation? Rountree: That would be -- that would be part of the DA. Hoaglun: Okay. Rountree: That was the intent of the DA originally and I -- they didn't provide or indicate they would do something different, so yes. Hoaglun: Okay. Thank you. de Weerd: Okay. Any additional comments, questions? Okay. Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. D. Public Hearing: TE 10-026 Blackstone No. 2 by Landmark Engineering and Planning, Inc. Located at 4700 W. Aspen Creek Street Request: Approval of a 24-Month Time Extension to Obtain the City Engineer's Signature on the Final Plat de Weerd: Okay. Item 7-D is a public hearing on TE 10-026. I will open this public hearing with staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. This is another time extension before you this evening. This is a small in-fill project. The subject property is located on the southeast corner of West Cherry Lane and North Black Cat Road. Currently it is a vacant lot. That project came before you in 2007 as a three lot in-fill project. It was an original plat within the Garden Spring Subdivision. It was Lot 5, Block 1. The applicant came before you. At that hearing Council had recommended -- approved the annexation -- or the rezone and the plat contingent upon a DA. In that DA they were held to three buildable lots and elevations. Before you right now are the elevations that were tied to that project and are included in that recorded DA. Based on Meridian City Council November 3, 2010 Page 12 of 29 what we currently have on approved -- approved for this project and given the fact that nothing in the ordinance has changed substantially since this project's come through, staff is recommending approval of the two year time extension without any additional modifications. Staff did receive written testimony from the applicant and they are in agreement with the staff report. There are no outstandings before you and staff would be happy to answer any questions you may have. de Weerd: Thank you, Bill. Any questions from Council? Bird: I have none. Rountree: I have none. Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Zaremba: At the time there was some discussion -- the lot, actually, was originally planned in the subdivision as a storage lot for RVs and stuff like that and I think Planning and Zoning Commission and Council agreed to breaking it up and changing the use of it, but there was quite a bit of discussion about finding a way to connect the off-site property just to the south of this, so that it would not need to access Black Cat. Did that discussion go anywhere or was that dead on arrival. Can we resurrect it or should we? Parsons: Madam Mayor, Members of the Council, Councilman Zaremba, you're correct, that was certainly a topic of discussion at the hearing. I was involved during both -- at least the Commission hearing and Commission was -- had discussed the possibility of extending that common drive to that property. The issues that arose at that hearing came about if -- based on our ordinance, the UDC, no more than four homes could be served from a common lot. So, if there were to be three homes there, then, this property could develop no more than with one home -- the current home that it has on and so he would be stuck with a half acre lot along Black Cat Road. Given the fact -- mean also there were also discussions that that property could petition the homeowners association and get some kind of easement to Thorn Creek Street and use that local street access and maybe possibly have an assisted living or a day care developing on the site. But certainly that was a topic for discussion. Planning and Zoning Commission -- I don't know what was discussed at the Council hearing, but I know Planning and Zoning Commission went ahead and forwarded on a recommendation that the three lots -- that access only serve the three lots and I think that was Council's concern when they came before you and that's why you had requested the development agreement that no more than three homes develop on the site. But maybe the applicant could shed some light. When Ipre-app'd with the applicant on the project there was -- we definitely had a long conversation on how they would serve that lot, because we certainly have a little on enclave there adjacent to this residential subdivision and certainly it's not the only lot out there within the city that's like this, but we certainly, as platted, we need to look -- Meridian City Council November 3, 2010 Page 13 of 29 look to a resolution for this. So, you can see it is annexed and zoned within the city. It's currently a residential district. A day care center or even assisted living facility could -- could come in with a rezone and possibly do something on that property, but at this point there aren't any plans that I -- I haven't spoke to any -- any property owner regarding his property at all, so it's certainly something that we need to be mindful of moving in the future for this property. Zaremba: Thank you. Parsons: Sorry for the longwinded answer. Zaremba: No. That's okay. Thanks. de Weerd: Any other questions? Bird: I have none. de Weerd: Clint. Good evening. Nice to see you. Boyle: Good evening, Mayor and Council. Clint Boyle with Landmark Engineering Planning. Business address is 332 North Broadmore Way in Nampa. For a minute there I thought I was going to be able to stay in hibernation for a little while longer and not have to address Council, but it is good to pop my head back up every now and then. Just briefly, we are in agreement with the staff comments and I appreciate Council Member Zaremba's questions on that outparcel and that outparcel -- without diving into a lot of the history, has quite an extensive history and the developer, my client, actually has approached that property owner on a couple of different occasions trying to purchase that piece of property historically and they could never come to an agreement on -- on the purchase of that land, so he was trying to compile that and come in with -- with alarger project. That never occurred. So, initially, my client had looked at some of those options that Bill was mentioning with daycare and some different things on there on that corner. Had discussion with the staff here at Meridian on some different options, but could never come to agreement to purchase that from that property owner. So, from that point forward he moved forward with a three lot subdivision with the common drive, realizing that that particular property owner, then, would have to look at options, as Bill mentioned, in coming out onto Thorn Creek if in the future he developed that property and it became something other than residential. As Bill mentioned with a common drive, the code right now only allows for up to four homes. The difficulty that we have in serving that piece becomes a fire code issue and with the design of our subdivision we had to also accommodate a turnaround, a hammerhead turnaround for the fire department if we extended that further into that parcel to the south that just complicates that issue with the fire department, so that's another reason that you're not seeing something extended there, but I just wanted to let the Council know that the developer of this particular piece of property that's in front of you tonight made an effort, actually, to incorporate that on a couple of different occasions and they were unwilling to sell that property to them at the time. That's the best I know on it. Meridian City Council November 3, 2010 Page 14 of 29 Zaremba: Thank you. de Weerd: Okay. Any other questions from Council? Bird: I have none. Boyle: Thank you, Mayor and Council. de Weerd: Thank you. This is a public hearing. Is there anyone who would like to offer testimony on this item? Hoaglun: Madam Mayor? de Weerd: Mr. Hoaglun. Hoaglun: I move we close the public hearing on TE 10-026. Zaremba: Second. Bird: Second. de Weerd: I have a motion and a second to close the public hearing on Item 7-D. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Hoaglun: Madam Mayor? de Weerd: Mr. Hoaglun. Hoaglun: I would move approval of TE 10-026 fora 24 month time extension to October 1st, 2012, without any additional conditions of approval. Bird: Second. de Weerd: I have a motion and a second to approve the time extension request on Item 7- D. If there is no discussion from Council, Madam Clerk, wilt you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Meridian City Council November 3, 2010 Page 15 of 29 E. Public Hearing: TE 10-027 Harcourt Subdivision by Great Sky, Inc. Located South Side of E. Victory Road and East of S. Eagle Road Request: Approval of a 24-Month Time Extension to Obtain the City Engineer's Signature on the Final Plat de Weerd: Item 7-E is also a public hearing on TE 10-027. I will open this public hearing with staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. The subject property consists of 16.96 acres. It's currently zoned R-4 in the city. The plat before you this evening -- or the time extension represents a plat that consists of 48 residential lots and seven common lots. This is the second request for a time extension for you. Brief history on this, try to convey this for you this evening. When this property was annexed in 2006 it was in a different configuration. There was a little more property. It was comprised of four or five acre lots that were platted with the Golden Estates property in the county and the applicant came before you, proposed a 60 lot plat with six common lots. That's the plat that's represented on the left-hand side of your screen. Now, what's happened -- what's transpired since 2006 until this evening, one of those five acre lots located in the southwest corner has sold and so the property has downscaled in size a little bit. So, now their plat actually consists of 16.96 acres and 48 residential lots and seven common lots. The increase in common lots was due to the requirement of the previous time extension that required them to comply with the ten percent open space, which they were in agreement with. One thing to mention, this property -- when this project was reviewed it did not have any elevations tied to it, nor a DA was required. Staff is not recommending elevations to tie elevations to the plat this evening. What we have done is required an additional condition of approval that they amend their CC -- when they go to craft or draft their CC&Rs we have conditioned them to include our design criteria from our design manual and incorporate those into their CC&Rs. We have received written testimony from the applicant, they are in agreement with those conditions of approval. I would like to mention to Council that we also received written testimony from one of the adjoining neighbors. She was not in opposition of the two year time extension, she was just concerned with the amount of debris and junk that is perceived to be on the property. I would inform Council that staff went out to the site this morning to review the property. It still appears to be -- to have some vehicles and some debris on the site. I did contact code enforcement and got a report from them, which I have included for you to review. It looks like Dean has followed up with both the applicant and the owner of the property. It looked like back in early -- in May and April of this year they were -- they seem to have reached an agreement and they were -- it was amicable and there was -- a lot of work was done on the site as far as clean up. did ask Dean to go back out to the site and follow up with that, but I did want to go on record and let you know that we are still looking into that. But as far as what the records indicate, it looks like the applicant is making strides on cleaning up the property. With that only -- with that outstanding issue there are no other issues before Council and, again, staff is recommending approval of the two year extension with the conditions of approval -- with new conditions of approval and with that I would be happy to answer any questions you have. Meridian City Council November 3, 2010 Page 16 of 29 de Weerd: Thank you. Council, any questions? Bird: I have none. Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: For Bill. With the modification of the DA, can we require that that DA be signed by a time specific in order to establish the two years? And I'm also thinking that since it's a -- it is a code enforcement issue that we add in the DA that it be -- that the -- all of the violations of city code be eliminated and be eliminated by a time certain or tie it to the ability to execute the DA. Some way to get it taken care of and some way to keep it from happening, because I'm guessing it will be a continual problem if it's going to be unplatted -- undeveloped for several more years. Parsons: Madam Mayor, Members of the Council, Councilman Rountree, tonight is -- just to step back. We are not -- we are not recommending a development agreement, we are just adding additional conditions of approval. So, we can certainly add that, that they need to clean up the property in accordance with our ordinance and put a time frame on that. I think that would be appropriate. What I have done for you this evening, too, is demonstrated a slide to show you what it looked like in 2005 in our aerials and what it looked like in 2007. You can certainly see the difference in as far as the accumulation of junk on the property. Speaking with the applicant this evening and code enforcement Dean Beaupre, he did inform me that based on the conversations had with Dean prior to coming to Council hearing he did inform me that some of that construction equipment has been sold off and is no longer on the site and they had reach an agreement that that equipment would be straddled along the eastern property boundary -- or their western property boundary, so that the adjoining neighbor couldn't see the junk or the debris. He also -- Dean also informed me that he received several receipts of haul away from the application coming in and hauling away construction debris and mounds of dirt from the site. It's my understanding that the construction equipment was there to facilitate the improvements of the subdivision if and when they were to move forward with that construction. I'll let the applicant -- maybe he can shine a little light on it, but we can certainly -- if it's the pleasure of the Council to have all that equipment removed off the property we can certainly put a time frame on that as a condition of this time extension. As far as the CC&Rs, I wasn't sure if you wanted us -- a time frame as far as the CC&Rs, as well as to have some kind of draft before us -- before staff or was it just regarding the junk? Rountree: Specifically about getting in compliance with our ordinances and we have issues with construction yards being in places where they are not supposed to be. And know it's an issue that you have dealt with specifically around town and I think by allowing it to occur in an R-4 zone just makes it that just much more difficult to enforce it in areas where one would think they are appropriate, but still aren't in terms of Meridian City Council November 3, 2010 Page 17 of 29 commercial activity and that sort of things. So, I'm just concerned about getting it in compliance. Parsons: Councilman Rountree, I'll pass your sentiments onto code enforcement. de Weerd: Thank you. Would the applicant like to come comment? Good Evening, Darin. Fluke: Good evening, Madam Mayor, Members of the Council. Darin Fluke, JUB Engineers, 250 South Beachwood in Boise, representing the land owner and applicant on this application. Bill did a good job describing the application, what was originally approved and what we are seeking now. There was a five acre parcel that was sold off and with this single family dwelling and it will just remain that way. As far as the code enforcement issue goes, this was -- I learned of it just this afternoon, you know, I saw the letter from the land owner to the east. I was not aware of the issue. I did speak with my client, the landowner, this afternoon and, essentially, the background is this: This is the same developer of Sutherland Farm across the street, which if you recall back in the day was an actual farm for raising race horses and they had a fair amount of equipment on the farm and as it developed and after they bought this property a lot of that heavy construction equipment simply got moved over here, because that's where the closest big piece of land was and so there has been an enforcement action initiated. My client is complying and -- with city's requirements on that and moving the equipment off as he can, as he sells it, as far as conditioning this approval to remove that equipment, that's certainly not a problem. Where we are contemplating the first phase is -- would encompass where all this equipment is. So, it will necessarily be moved by the time we go to build that project. So, a condition would be appropriate. We are fine with that and if you have anymore questions I would be happy to answer those. de Weerd: I don't know if I heard it could be there and prior to it. You can't have an equipment yard in an R-4 zone. Fluke: Madam Mayor, agreed, and I think my client's position on that would be that he's not running a construction company out of there, that's the personal equipment that was own by Sutherland Farm, Inc., and equipment that they used on their various properties. So, they don't operate a commercial construction yard out of their, that's simply where their personal property is being stored and at the time that it was moved there you will recall that this property was in Ada County and not within the city. We did request annexation and that was approved at the time the preliminary plat was approved by the city. So, they are not running a business out of there. They are working to get the equipment off the property. It's not like they have people coming every day and leaving with equipment and coming back at night, that's not the situation. It's, basically, sitting there right now in storage. So, they will -- I mean they are moving it off as fast as they can. de Weerd: Council, any questions? Meridian City Council November 3, 2010 Page 18 of 29 Bird: I have none. de Weerd: Okay. Thank you. I do have one person who signed up, Harold Krasinski. Sorry. Sign up as neutral. Would you like to provide testimony at this time? If you can, please, state your name and address for the record. Krasinski: Okay. Madam Mayor, Council Members, my name is Harold Krasinski, 3475 East Falcon Drive in Meridian. de Weerd: Thank you. Krasinski: We are a neighbor just south of that yard there, actually, just got done discussing and I -- I agree with what Darin said, it's not -- it doesn't appear to be a construction business. I guess we have noticed all the equipment and there have been some piles of dirt and concrete, I believe, that were stored there. My guess I don't have any personal -- strong personal feelings about it. The area had -- the previous owners had had horses there and there have been cows. We got a tractor on our property and a couple of other things. So, if it doesn't fit the code, then, certainly it probably needs to be moved, but we don't live close enough that it really annoys us, so I guess don't have any strong opinions one way or the other about how the agreements proceed. The only -- I guess the only other thing is originally the subdivision was going to be on both sides. We are actually at the end of the cul-de-sac on East Falcon Drive that had split the subdivision and I guess the southern property had been sold off and there is a family there and they have got some horses. Part of the original -- and I believe that there was going to be a developer's agreement on that that the -- the cul-de-sac was going to be developed with a sidewalk and I don't know what you call it -- planters -- plantering the parkway, whatever it would be called, that appears now that would be different because it no longer encompasses both sides of the cul-de-sac and I believe I have spoken to Darin a month or so ago and they were going to do the sidewalks and the improvements on the north side of the road and I guess end at our property. Our property encompasses the cul-de-sac there, so I'm not sure exactly how that would be landscaped and developed. de Weerd: Okay. Very good. Krasinski: Pardon me? de Weerd: We will. Krasinski: Thank you. de Weerd: Thank you so much. Okay. Any further testimony? Darin, would you like to respond? Fluke: Thank you, Madam Mayor. Darin Fluke. JUB Engineers again. Harold's correct, we are going to install curb, gutter, and sidewalk along the north side of Falcon Meridian City Council November 3, 2010 Page 19 of 29 from his property along our frontage on Falcon. I don't have a drawing in front of me, so can't -- well, Harold's property is the -- is the purple tag there and if you go just left of that -- so, south and west where Falcon starts to curve, that's where the sidewalk will start and it will extend to the west along our frontage on Falcon. We just won't be doing what's south of Falcon now, because that's no longer frontage o the project. And the project still does include parkways with five foot sidewalks. de Weerd: Okay. Council, any questions? Bird: I have none. Rountree: Madam Mayor, I have a question about the sale of the five acres. Does that -- does that remaining in the city was the annexation complete into the city and, if so, shouldn't the plat incorporate that five acre parcel? Parsons: Madam Mayor, Members of the Council, Councilman Rountree, as you can see here the property is annexed and zoned in the city, so you are correct. The way we look at things -- I guess the way the ordinance is set up is when you come in -- the applicant hasn't officially submitted a final plat on the property. So, what has happened is we look at the plat and we look -- when he comes in with a final plat we look for substantial compliance. This northern portion that's remaining substantially complies with what he -- what -- his preliminary plat. Certainly he could incorporate that one lot into the city. Certainly he's created a conundrum for us that the property doesn't have sewer or water, because now we have property out there that's annexed in the city without sewer and water connection. Certainly should ask him if that was the case, because I'm sure his sewer plan -- his construction drawings at the time probably showed sewer and water coming through Falcon Drive. I remember that conversation with him. So, I didn't know if that's maybe -- was that his agreement -- his sales and purchase agreement when his client sold the property with that owner? That may be something he can shed some light on, but as far as lot size, dimensional standards, it appears they meet. The only think it looks like that they may be lacking is curb, gutter, sidewalk and city services. Rountree: I guess my point is is if it's annexed into the city and they spread it off as a lot, the lot should be in compliance with all the ordinances. It should have curb, gutter, and sidewalks and it should have access to sewer and water. Correct? Parsons: Correct. Rountree: Okay. de Weerd: Any comments? Fluke: I would just point out that we didn't split the lot, it's a preexisting platted five acre lot as is, with a dwelling on it, so it's true that it was annexed into the city, but it wasn't split in any sort of formal process, it already existed as its own entity. Meridian City Council November 3, 2010 Page 20 of 29 Rountree: But it existed as a preliminary plat that was annexed into the city, with the conditions that it meet all of the city ordinances and requirements and you, then, pulled it out of that preliminary plat -- you haven't, but the owner has and sold it. So, it seems to me that it either comes in compliance with city ordinances or it goes through a deannexation process. One way or the other it's got to be made right. We can't just have that five acre island out there that -- what do we do with it when they decide they want city services and they are in the city? It causes me some issues. Fluke: Madam Mayor, I can't speak to that, other than to say if that's how you would typically handle a parcel that had been annexed into the city and, then, did not develop, then, I would agree that's what -- what ought to happen is it ought to be deannexed or they ought to -- the owners have to hook into the services. It's a perfectly legal lot the way that it is. It's big enough to have an individual well and septic system on it, but I get what you're saying. I'm just -- and I see that the dilemma that's been created I'm not sure what the answer is now that we have a separate owner. They were not interested in being a part of the time extension, as I understand it. I did tell my client that the easiest thing to do would probably be just to get a time extension for the entire preliminary plat as it was platted or -- and, then, come through with our phases of final platting like we would typically do, but that was not the way that it went down. Rountree: Well, on the surface it sounds real easy, but ten years from now it's a real problem for the city. So, I, personally, would like to see this continued and get some resolve to that -- in those questions, so we don't have this as a future problem. That would be my recommendation. Bird: Madam Mayor? de Weerd: Mr. Bird. Bird: That would be my recommendation, too, because I'm like Councilman Rountree, we -- that was platted in as a whole group and, then, all of a sudden they decided to take five acres out and no plans or anything else and want a time extension. I think we need to get to the bottom of it farther before we pass on this time extension. Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Zaremba: In support of what has already been said by other Councilmen, I would also say if the property changed hands after deannexation happened, it's already encumbered with the rules that go along with that annexation. So, I agree that something needs to be done with it and at this moment I would side with a continuance while some discussion is had. Meridian City Council November 3, 2010 Page 21 of 29 Fluke: Madam Mayor, perhaps I could save us all the time by just recommending that you condition it, so that that piece of property either goes through deannexation or hook up to sewer and water concurrent with the last phase of the subdivision, which is how it would have happened anyway if it would have phased -- you know, everything on the north side of Falcon first, then, come and done this phase last, that's exactly how it would have played out anyway. So, if you would -- you know, I could save us all another hearing by just saying put a condition on it saying that that lot and block or by address will be deannexed or provided with sewer and water at -- concurrent with the last phase of the project. Zaremba: Madam Mayor, I also wouldn't lose site of curb, gutter, and sidewalk. I think that's part of it also. Parsons: Madam Mayor, Members of the Council, just to elaborate a little more on what Darin speaks to. Obviously, with the five acres being removed, that home wasn't contemplated with that plat. So, that was never a topic of discussion at the hearing. Councilman Rountree brings up a great point. I take responsibility, Idid the staff report, should have got that. What I would suggest that we condition the -- meaning if we are going to write in a condition for deannexation, that will require an application. That would require 2,100 bucks from somebody to come in and ask the petition be removed from the city. I don't see this property owner wanting to go through that process or spend that kind of money. It would be my recommendation that the applicant -- we continue this project, give the applicant a chance to talk with that property owner, see if his client's willing to do curb, gutter, sidewalk and hook up that existing home when the final -- final plat comes in or the final phase comes in -- the final plat and everything comes in, we have curb, gutter, sidewalk, sewer and water to the property at -- we typically require with an annexation request. Just two cents. Rountree: And my concern is -- Madam Mayor, is that the property owner has kind of been put in limbo on this thing and I don't think just conditioning an action on this is going to solve it, because I agree with Bill, we could make that condition and five years from now we could be waiting for an application from somebody and -- and/or have somebody decide they want sewer and water out there and not be able to do it economically. Hoaglun: Madam Mayor, my comment on that -- I'd like to see it continue. I mean Darin, you know, gives a solution, but at the same time we are dealing with a new property owner and I don't think we should be surprising them and doing things right now that they are unaware of and they are going to be impacted. So, I think we need to continue the discussion, continue this item, and bring them into the discussion, so everyone knows what's going to happen gai,ng forward once a decision is made. Fluke: Three things to that, Madam Mayor. One is the project did contemplate that house remaining. It would be sitting on the largest lot next to Falcon Drive. So, the house always was intended to remain and always was going to be hooked up to sewer and water. The second thing is I would think the condition would be tied to my client to Meridian City Council November 3, 2010 Page 22 of 29 handle the deannexation and/or hooking it up to the services. And the third thing is I would just ask the Council to consider what would you do if this project had expired, you would be in the same boat that you're in now, except for you'd have four five acre properties that are in the city with a house on them and with a landowner who isn't going to want to come in and apply for deannexation. I would assume that would be a city initiated process at that point anyway to do the deannexation. So, you can take that for what it's worth and if we need to continue it to discuss this some more we can, I just think it can be solved without that. Rountree: Well, Madam Mayor, if we are going to point, counterpoint, it could be a city initiated action to require curb, gutter and sidewalk down Falcon. Fluke: Madam Mayor. As an off-side improvement? Rountree: No. It's -- it's in the city and it's part of the preliminary plan. Fluke: Right. And they intend to build curb, gutter, and sidewalk on Falcon. Rountree: On three lots. Fluke: Yeah. Adjoining the project. Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: I move that we continue this item until we can get staff and the applicant to work through issues and bring back a solution. de Weerd: I think I need a date certain. Rountree: I would suggest that it be November 23rd. Zaremba: I would second that and ask that we add to it the requirement to get the south property owner involved. de Weerd: You want that as part of the motion? I think that's been part of the discussion. Bird.: Just continuing it. Rountree: We are just continuing it. They are going to have to discuss it with somebody. Zaremba: Okay. All right. Meridian City Council November 3, 2010 Page 23 of 29 de Weerd: I have a motion and a second to continue this item to November 23rd. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. de Weerd: Bill, do you need any further detail on what Council's hoping to come back -- or at least looking to come back? Parsons: Madam Mayor, Members of the Council, my understanding, if I could paraphrase for everyone, work with that property owner to get them involved and let them know that they currently have property within the city that doesn't hook up to city water and sewer as part of the original plat and need to coordinate with this property owner to decide how we can get a resolution, whether they want to proceed as part of this plat or deannex from the city. Does that sum things up? Thank you. Rountree: Thank you. Item 8: Department Reports. A. Planning Department: Discussion on Idaho Transportation Department's (ITD) Statewide Transportation Improvement Program (STIP) Regarding State Highway 20/26 and State Highway 44 De Weerd: Okay. We will move to Item 8-A and turn this over to Caleb. Hood: Thank you, Madam Mayor, Members of the Council. If it were a couple hours later and we had like Jonathan Seal in the audience, too, I would swear it was 2006, but here we are, 2010, almost the end of it, too. So, yeah, it's good to see some familiar faces in the audience. But the -- the topic of discussion tonight is the STIP and TIP and specifically two projects that aren't in those two documents, U.S. 20-26 and Highway 44. Just a little bit of history. ITD did remove funding for right of way acquisition for U.S. 20- 26 and State Highway 44 from the STIP this last summer. In September the COMPASS board voted to delay action on the FY-11-15 TIP, so that city staff, ITD, COMPASS, could all sit down and see if there is some way to come up with some dollars to keep those projects in the program. I do want to clarify there weren't ever any dollars for either of those projects for construction, but there have been some substantial amounts for environmental and design and corridor studies for the past ten -- back to 1999. So, ten, 11 years they had some money set aside in their five year plan -- four and five year plan for work on these two roadway expansion projects -access management projects. ITD did go forward and adopted a STIP earlier this year, this fall, early fall sometime. What they did was they opted a STIP that didn't include district three. First time I had ever heard that, that they went ahead with the STIP for the rest of the state and ours stayed what was on the books. So, we are working under two different programs and the books don't balance. It's awhole -- it's a big mess. But there is a subcommittee that's been meeting for the past six weeks or so -- this is just after the COMPASS board Meridian City Council November 3, 2010 Page 24 of 29 action to delay action on not approving a TIP for this current cycle, so we could get some alignment and some understanding between the TMA and district three. ITD headquarters as well. So, we have what we think is an interim solution. It's -- I don't think anyone's real happy about it, but the solution that we have come up with does put some money -- about 50,000 dollars -- 50,000 dollars for each project into the TIP and STIP for the next four years -- five years. Excuse me. That money would be used for corridor preservation purposes only. If a right of way comes up that would otherwise be developed and they need to do a protective buy, that's what this money could go towards. This isn't a lot of money. You're not going to buy a lot of right of way with 50,000 dollars a year. And, in fact, on 20-26, really, there wouldn't be any property that would be a protected buy, because we -- we have preserved for it, we have thought about this and we'd preserve for the right of way necessary for it. We can't buy it yet or ITD hasn't bought it yet, but we have required developers to setback the appropriate right of way that's going to be necessary. But it does keep the project in the program and on somebody's radar screen and you could potentially, if there is cost savings for other projects, you could roll it into this one and maybe make a substantial purchase. A little more background, maybe. Up in Middleton there is the bypass that they are looking at. They have got a couple developers that their development agreements are going to expire if they don't do something, i.e., buy the right of way they need for the 44 -- I think they call it the bypass. But some other extension of it. So, they are trying to keep those developers, you know, happy and in compliance and keep this option on the table, so that would be a potential use of funds. The cost estimates, though, on those projects far exceed 50,000 dollars a year. That being said, ITD has what they call OPRE, it's kind of their hierarchy of what they will allocate funds towards. So, operation preservation, restoration, and, then, enhancements or expansion. So, expansion being at the bottom of that. We don't have any expansion projects in this area, except the storm water pond and it's tied to an expansion project, but it's really not an expansion. So, anyways, we are already starting off at the bottom of the priority list and, then, these are two pretty expensive projects and they don't know where the funds are going to come from to construct it. So, ITD's concern is we don't want to spend money on -- we don't want to spend right of way monies on these, because, then, the clock starts ticking when we have to construct something and we haven't talked about where that money is going to come from and we certainly don't have it, we don't have it identified, so we'd rather not buy the right of way, because we don't know how we are going to construct the darn thing. So, that's kind of where our discussions are at this this point. You know, we have tried to think of other solutions, you know, no one was willing to pull other projects in district three and it doesn't seem fair to take something from north Idaho, so we can do something down here, they wouldn't look too kindly on that. So, that's something that we wanted to propose to ITD, I just don't think that will probably fly with their board, but -- so, we tried to look, you know, at our projects and say what would we take off the table instead of these and that just didn't go very far. So, I originally sent this a-mail to my COMPASS board members and I think I see cc'd Councilman Rountree on it, just because it is going to be a recommendation that's going to be forthcoming, I believe. The recommendation from this subcommittee hasn't officially been made yet, but we are just crossing T's and dotting I's at this point, but I think that's going to be the recommendation to the full COMPASS board, I just wanted to share that Meridian City Council November 3, 2010 Page 25 of 29 with you all before it gets -- goes too far along and see if maybe you had any other thoughts on that. So, that's my staff report and I'm not quite sure what else you want to hear, so that's -- I'll just stop there, so -- de Weerd: Council, any comments? Rountree: Madam Mayor? de Weerd: Yes. Rountree: One of the excuses I heard for ITD taking these projects off the program was that there hadn't been -- they hadn't been able to advance right of way acquisition, because the environmental documentation had not been completed and that that was the responsibility of COMPASS, who had taken that on, and that that may change. I'm not clear on all of the excuses, but there is many. Just help me with the status of the environmental documents on those two projects, who is responsible and are they done or are they not done and -- Hood: There are both of those environmental -- and I'm most familiar with the 20-26 one than the 44 one. I haven't been actively involved. But what I have picked up from some of these other meetings is they are about at the same level. The access management plan for 20-26 has been approved, but with all the stimulus projects they got leap frogged. It was everything that was going towards. construction FHWA has been reviewing, so there is still a backlog of older environmental -- environmental documents done just waiting for FHWA review and approval. So, because of all these other projects that they have had to review ahead of these projects that don't have any solid construction dates, they go to the back burner. As far as who's responsible for following that through with FHWA to make sure that the documents do get reviewed and approved, commented on, COMPASS has kind of taken that over, but the funding flow through ITD -- I mean for both of those projects and a consultant's been hired. So, you know, there is that triangle there where I think they are all kind of working on it, so I can't fully answer that question. Certainly COMPASS takes more responsibility for -- for following up on that and seems to know the status of the project more than ITD staff, but couldn't tell you what agreements they may have amongst themselves to follow up on that. Rountree: So, the answer is that documents have been completed at least for review by FHWA? Hood: Right. Rountree: And -- Hood: I can give you a timeline. Rountree: -- somebody needs to build a fire under them, then. Meridian City Council November 3, 2010 Page 26 of 29 Hood: Right. And that's part of the discussion and right now the timelines that we are guesstimating for when they would get to them and review and approve them, are probably not this next year, but the following year. So, somewhere around two years is what they are hearing from FHWA. So, it's -- it's not going to be immediate and anyway, so -- de Weerd: And, then, you will have to redo it, because it's out of day. Rountree: Exactly. Hood: I had not heard that excuse or that reasoning for taking it out. Certainly the history with spending the money on these projects hasn't been good. They sweep a lot of projects at the end of the year, because it hasn't progressed at an adequate speed. But, you know, they have spent some money and those studies and the environmental and stuff, but -- but it does get swept and that is something I have heard from ITD is we are trying to program in all this money and, then, we sweep it at the end of the year and allocate it to something else anyway, so that's not even putting your money towards to begin with, so -- Rountree: I have a comment on what they are proposing. As a space holder I think it's a good idea. The idea that they don't want to spend money on right of way once they get the environmental stuff approved or match right of way acquisition or hardship acquisition or whatever opportunities they have to buy right of way, because they don't know when they build is -- is foolish. If they can buy right of way and they don't have to look at the project for 20 years and, then, they can write justification of why they haven't done anything. So, that's not a very good excuse. Hood: And we have talked about that. I think -- Madam Mayor, Councilman Rountree and the rest of the Council, I think really what it comes down to is not necessarily that clock it starts ticking like the feds once you start spending money on the right of way, although that is something that's brought up. But it's more that this hasn't really been vetted through the ITD board to say this is a priority project and that we are going to start investing in it and start buying the right of way and, thus, construct it. So, I think that's the bigger discussion that needs to be had, quite honestly, is we think these are both priority projects. Nobody knows where the funding is going to come from, but we do think you should start chipping away at this thing, because it is top three or four in the state or whatever, but those are -- those are the discussions I guess from headquarters that they say, well, it's a priority for you, but we don't know where the money is going to come from and our board hasn't said these are priorities and start buying right of way, Rountree: That's because they don't have any priorities, but that's okay. de Weerd: Any other comment from Council? Meridian City Council November 3, 2010 Page 27 of 29 Zaremba: Madam Mayor, I would just comment that every time we hear about this there are a lot of twists and turns and same thing with some ACRD projects and Valley Regional Transit projects. And I just have to say I appreciate that Caleb is paying attention to all this stuff and really looking out for us. I appreciate what you do. Rountree: I will second that. de Weerd: I will third it. Hood: It's not real fun, but -- you know sometimes, but it is -- de Weerd: We thought you had a blast. Hood: If there is anything that comes up that I can share -- I'm not quite sure what level of detail you all want sometimes in some of these things, so if you want me to come I can. If not, tell me to go away, so I'm -- whatever. So, thank you. Appreciate that. de Weerd: Thank you. Rountree: Thanks for the update Caleb. Item 9: Ordinances. A. Ordinance No. : An Ordinance Amending Title 11 of the Meridian City Code as Codified at Title 11, entitled the Unified Development Code of the Meridian City Code (ZOA 10-002) B. Ordinance No. : An Ordinance of the City of Meridian Amending Meridian City Code Section 3-4- 1, relating to Outdoor Sales and Temporary Uses Definitions; Amending Meridian City Code Section 3-4-3(A)(6), relating to Exceptions to Licensing Requirements for Temporary Uses; Amending Meridian City Code Section 3-4-3(C)(8), relating to Garage Sales; Adding a new section, Meridian City Code Section 3-4-3(C)(9), providing standards for Temporary Construction Sites; Providing for a Savings Clause; and Providing an Effective Date de Weerd: Okay. Next items under Item 9-A and B, we have ordinances 10-1463 and 10-1464. I will ask Madam Clerk to, please, read these by title only. Holman: Thank you, Madam Mayor. City of Meridian ordinance number 10-1463, an ordinance amending Title 11 of the Meridian City Code as codified at Title 11, entitled the Unified Development Code of the Meridian City Code and providing for a waiver of the reading rules and providing an effective date. Meridian City Council November 3, 2010 Page 28 of 29 Holman: City of Meridian ordinance number 10-1464, an ordinance of the City of Meridian, amending Meridian's City Code, Section 3-4-1 relating to outdoor sales and temporary uses, definitions, amending Madam City Code, Section 3-4-3A-6 relating to exceptions to licensing requirements for temporary uses, amending Meridian City Code, Section 3-4-3C-8, relating to garage sales, adding a new section, Meridian City Code, Section 3-4-3C-9, providing standards for temporary construction sites, providing a savings clause and providing an effective date. de Weerd: Thank you. You have heard these two ordinances read by title only. Is there anyone who would like to hear them read in their entirety. Seeing none, Council? Bird: Madam Mayor? de Weerd: Mr. Bird. Bird: I move we approve ordinance number 10-1463 with suspension of rules. Hoaglun: Second. Rountree: Second. de Weerd: I have a motion and a second to approve Item 9-A. Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. de Weerd: Item 9-B. Bird: Madam Mayor? de Weerd: Mr. Bird. Bird: I move we approve Ordinance 10-1464, which suspension of rules. Rountree: Second. de Weerd: I have a motion and a second to approve Item 9-B. Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Meridian City Council November 3, 2010 Page 29 of 29 de Weerd: Do I have a motion to adjourn? Rountree: So moved. Bird: Second. de Weerd: All those in favor? MOTION CARRIED: ALL AYES. Rountree: In record time. de Weerd: Thank you. MEETING ADJOURNED AT 8:22 P.M. (AUDIO__I~CORDING-ON. FILE OF THESE PROCEEDINGS) ~~, MA Y de WE ~ DATE APPROVED \ ~ ~~, ~l , ~' ~: - ~ JA1~~EE . HOLMAN, CITY CLERK SEAL - ~~oM o \ 9Q ~~S T 1 S~ . ~ `\~ ,', '9 `OQ, \,\ RE ~E ~ VE Item 7.A&B -Barletta (AZ-10-002 and PP-10-002) NoV ~ ~ Z~~Q Applications: Annexation and Preliminary Plat CITY OFC~ta Location: The subject property is located on the west side of S. Ten Mile Road; mid~~`li~dtc$a~~ ~` and realigned Overland Road. Written Testimony: Becky McKay, Applicant (no response) Outstanding Issue(s) for City Council: Service ditch remaining open. Notes: Proposed DA Provisions: a. When City sewer and/or water connections are within three hundred feet (300') of Owner/Developer's property line, Owner/Developer shall connect to the City sewer and/or water systems within six months of services becoming available. Owner/Developer may continue to maintain and use the existing private water well and septic system for the existing residence on Lot 2, Block 1, and establish a new private well and septic system for the new residence planned for Lot 4, Block 1, so long as such maintenance and use is lawful and permitted by the appropriate governmental agencies. Any and all occupiable buildings located upon the Property, whether such buildings are residential, commercial, or any other classification, the City shall provide sewer and/or water services to such buildings. Owner/Developer shall be responsible for any and all costs of connecting sewer and/or water service, including, without limitation, assessment fees, water meter installation and activation fees, and inspection costs. b. Upon connection and provision of City services to the Property, Owner/Developer shall disconnect and discontinue the use of any and all septic systems, private water wells and/or other sewer or water sources other than the City sewer and water systems. Upon connection to City sewer and/or water services at Property, Owner/Developer shall abide by and comply with any and all applicable provisions of law regarding same, which shall specifically include, but shall not be limited to, compliance with Chapter 3, Title 9, Meridian City Code and/or any and all similar ordinances subsequently adopted, which prohibit the installation and/or maintenance of across-connection to the City's water system. Contact Central District Health for abandonment procedures and inspections (208) 375-5211. The applicant will also be responsible to contact the City of Meridian Public Works Department at (208). 898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources; contact Robert B. Whitney at (208)334-2190. c. Owner/Developer shall record a final plat prior to the issuance of a building permit. d. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. e. All development on this site shall comply with the Northwest Pipeline Development Guidelines. An encroachment permit is required for any improvements proposed within the pipeline easement. A copy of the executed encroachment agreement shall be submitted to the City with a future final plat application. f. No more than two (2) single family homes shalt be constructed on the site. Further subdivision in the future, other than the two lots approved with the Barletta Subdivision, shall be done in accordance with the Unified Development Code (UDC) including the extension of water, sewer and a public street system. Item 7.D: Blackstone Subdivision No. 2 (TE-10.026) Application(s): - Time extension on the final plat Size of property, existing zoning, and location: This site consists of 0.59 acres, is currently zoned R-8, and is located at 4700 Aspen Creek Street. Summary of Request: The applicant requests approval of second time extension for 2 years on the final plat in order to obtain the City Engineer's signature on the final plat. The plat consists. of 3single-family residential building.. lots on 0.59 acres. The recorded development agreement limits the number of home sites to three (3) and requires compliance with home elevations. Staff Recommendation: Approval of a 2 year time extension to expire on October 1, 2012 without any additional conditions of approval. Written Testimony: Clint Boyle, Applicant (In agreement with the staff report) Outstanding Issue(s) for City Council: None Notes: Meridian City Council Meeting DATE: November 3, 2010 ITEM NUMBER: 5A PROJECT NUMBER: ITEM TITLE: Cooperative Agreement Between Valley Regional Transit and the City of Meridian for Annual Dues and Service Contribution MEETING NOTES CLERKS OFFJCE FINAL ACTION DATE: E-MAILED TO SENT TO SENT TO NOTES INITIALS STAFF AGENCY APPLICANT a~nG~ 19Y ~C~ 1v~a~ tVIA~ ~ ~ t~ 'gyp LR~' ~pur p~~e, 3 Y-~el~l ~°~~~ to SS COOPERATIVE AGREEMENT BETWEEN VALLEY REGIONAL TRANSIT AND CITY OF MERIDIAN FOR ANNUAL DUES AND SERVICE CONTRIBUTION THIS COOPERATIVE AGREEMENT ("Agreement") is entered into this 3 day of N M}~,r- 201y~ by and between VALLEY REGIONAL TRANSIT, a regional public transportation authority authorized under Chapter 21, Title 40, Idaho Code ("VRT"), and the City of Meridian, a municipal corporation organized, existing and authorized under Chapter 1, Title 50, Idaho Code ("Member") RECITALS A. VRT is the regional public transportation authority created to serve Ada and Canyon Counties, pursuant to Chapter 21, Title 40, Idaho Code, and as a result of November 3, 1998 public referendum. VRT provides publicly funded or publicly subsidized transportation ~"~ services and programs in Ada and. Canyon Counties. B. Member is a municipal corporation authorized under Chapter 1, Title 50, Idaho Code. C. Idaho Code § 40-2109(7) provides that VRT may enter into cooperative agreements with the state, other authorities, counties, cities and highway districts under the provisions of Idaho Code § 67-2328, which expressly authorizes public agencies to enter into agreements with one another for cooperative action for purposes within the power, privilege, or authority of said agencies. D. Idaho Code § 40-2110 provides that counties, cities, highway districts and other governmental entities in the region may enter into cooperative agreements with the regional public transportation authority in order to contribute funds from any source in recognition of costs of the authority. E. There aze two primary programs which VRT budgets and funds each year. First, VRT budgets and establishes annual dues for its regulaz and special members, with dues for its regular members calculated pursuant to a population based formula, and dues for its special members calculated pursuant to a negotiated amount. Second, VRT budgets and establishes service contribution requirements to support the operation of motor bus services within the Nampa Urbanized Area and the Boise Urbanized Area. F. VRT has budgeted $100,541 for Member to contribute for its annual dues and service contribution; Member has budgeted the same amount for its VRT annual dues and ~"ti service contribution. Page 1 of 4 G. Service contributions support the following modes: 1) Nampa Express Service (Routes 40 & 43): Operates between Nampa and Boise making a limited number of designated stops in Caldwell, Meridian, and Boise. The service operates Monday thru Friday from 5:35 A.M. to 6:25 P.M. The service generally utilizes 24 passenger, 2 wheelchair capacity buses each equipped with a bicycle rack. 2) Nampa Limited Stop Service (Route 42): Operates between Nampa and Boise making several designated stops in Nampa, Meridian, and Boise. The service operates Monday thru Friday from 5:35 A.M. to 8:27 P.M. The service generally utilizes 20 passenger, 2 wheelchair capacity buses each equipped with a bicycle rack. AGREEMENT NOW, THEREFORE, in consideration of foregoing recitals, which are made a part of this Agreement and not mere recitals, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is mutually agreed as follows: Section 1. Term This Agreement shall be in effect from the 1 S` day of October, 2010, and will terminate on the 30~' day of September, 2011, unless earlier terminated pursuant the mutual written agreement of the parties hereto. Section 2. Purpose The purpose of this Agreement is: (a) For Member to pay annual dues and a service contribution to VRT for Fiscal Year 2011 in the amount of $100,541 in contribution to the costs of VRT and in support of transportation services within the Nampa Urbanized. Attachment A provides a detailed description of those services supported under this Agreement. (b) For VRT to use said annual dues for costs budgeted under its regional planning and program administration, and to use said service contribution for costs budgeted under its regional operating plan. Section 3. Compliance VRT, in using said dues and service contributions, shall comply with all conditions required by applicable federal, state and local laws and regulations, and shall maintain, in accordance with generally accepted accounting practices and principles, records and books of account regarding said dues and operating costs. Page 2 of 4 Section 4. Payment (a) Member shall pay its annual dues and service contribution up to the aforesaid amount of $100,541 within 30 days of invoice to VRT at the following address, unless Member is notified in writing by VRT of a new address: Valley Regional Transit 830 North Main Street, Suite 230 Meridian, Idaho 83642 (b) Member's address, for the purpose of notice or correspondence, unless VRT is notified in writing by Member of a new address, is as follows: City of Meridian Attn: Bill Nary 33 East Idaho Meridian, Idaho 83642 Section 5. Miscellaneous (a) Each party hereto represents and warrants that each person executing this Agreement on behalf of such party is, at the time of such execution, duly authorized to do so by such party's governing body, and is fully vested with the authority to bind such party in all respects. ~` (b) If any provision of this Agreement is held invalid, illegal, or unenforceable, the remainder shall be construed to conform to the intent of the parties, and shall survive the severed provisions. (c) Except as provided otherwise herein, this Agreement and any attachments hereto cgnstitute the entire Agreement between VRT and Member concerning the subject matter hereof. The provisions of this Agreement shall be construed as a whole and not strictly for or against any part3'• (d) The captions and headings in this Agreement are for reference only and shall not be deemed to define or limit the scope or intent of any of the terms, covenants, conditions or agreements contained herein. (e) This Agreement is not intended to create, nor shall it in any way be interpreted or construed to create, any third party beneficiary rights in any person not a party hereto. This Agreement shall be binding on the parties hereto, and their successors and assigns. Section 6. Indemnification To the extent permissible by law, VRT shall indemnify, defend, protect and hold harmless Member, and it's officers, agents and employees, from and against any and all liabilities, losses, suits, claims, judgments, fines or demands arising by reason of injury or death of any person or damage to any property, including all reasonable costs for investigation and defense thereof (including but not limited to attorney fees, court costs, and expert fees), of any nature whatsoever ~ (collectively, "Claims") arising out of or incident to this Agreement, and any renewal or extension thereof, and azising out of or caused by the negligent or intentional acts or omissions Page 3 of 4 of VRT, it's officers, agents and employees, regardless of where the injury, death, or damage may occur, except to the extent any such Claims arise out of or are caused by the negligent or intentional act or omission of Member or it's officers, agents and employees. Member shall give to' VRT reasonable notice of any such Claims. VRT shall notify Member of the counsel to be used in carrying out its obligations hereunder. Member must state any reasonable objection that it may have regarding the use of said counsel. The provisions of this section shall be deemed to be a separate contract between the parties and shall survive the expiration or any default, termination or forfeiture of this Agreement, and any renewal or extension thereof. Notwithstanding anything to the contrary in the foregoing, Member's right to indemnification pursuant to the foregoing shall be limited to indemnification for such Claims for which Member incurs actual liability or expense. The foregoing indemnification includes, without limitation, any Claim arising out of or caused by the noncompliance of any services, programs, or activities provided by VRT under this Agreement with aU applicable federal, state, and local statutes, regulations, and requirements, including, but not limited to, the Americans with Disabilities Act (ADA). Notwithstanding anything to the contrary in the foregoing, (i) no employee or officer of VRT shall be personally liable to Member under this Agreement, (ii) with respect to third party Claims, both VRT and Member expressly reserve any and all of the privileges and immunities available to them, if any, under Idaho law, and (iii) the agreement of VRT to hold harmless or indemnify Member shall be limited to, and be payable only from, VRT's available insurance or self-insurance coverage for liability assumed by contract available as a part of its general liability insurance program." EXECUTED and effective as of the date first above written. Valley Regional Transit: I ~ I Kelli Fairless Executive Director City of Meridian: r'~ ~~ Page 4 of 4 Meridian City Council Meeting DATE: November 3, 2010 ITEM NUMBER: 5B PROJECT NUMBER: ITEM TITLE: Personal Services Agreement Between the City of Meridian and Laurie McElroy for Yoga Classes MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~ 1' ~ ~ 1 ~ ~ Or~q~ra~ 'f~ ~e.~ree - C'o~ CVIp~ 1 ~ ~. M~~1raa ~ ~~e- o~ ~"`~ PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF MERIDIAN AND LAURIE MCELROY THIS AGREEMENT, effective the ,~ day of Q~-b~ , 2010, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and LAURIE MCELROY, 3022 E. Green Canyon Drive, Meridian, Idaho, 83642. 1. Scope of Services: LAURIE MCELROY, shall perform all services, and comply in all respects, as specified in the document titled "Scope of Services" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 2. Time of Performance: This agreement shall be effective from November 3, 2010, and shall expire no later than September 30, 2011 unless earlier terminated or extended. 3. Indemnification and Insurance: LAURIE MCELROY, 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 LAURIE ~ MCELROY, its servants, agents, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. LAURIE MCELROY will provide services to the CITY and shall be liable for all acts of their employees while upon the premises of the CITY. The CITY will further indemnify LAURIE MCELROY, for any losses, claims, actions, or acts by the CITY, its agents or employees, taken in furtherance or related to the services received from LAURIE MCELROY. 4. Independent Contractor: In all matters pertaining to this agreement, LAURIE MCELROY shall be acting as an independent contractor, and neither LAURIE MCELROY, nor any officer, employee or agent of LAURIE MCELROY will be deemed an employee of CITY. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5. Compensation: LAURIE MCELROY, shall be compensated for Yoga Classes pursuant to and specified in attached Exhibit "A." For the purposes of contact for compliance with this Agreement LAURIE MCELROY may deal exclusively with: Human Resources Director City of Meridian 33 E. Broadway Meridian, ID 83642 '~ 6. Method of Payment: LAURIE MCELROY will be paid at the rate as specified in the Scope of Services as referenced in Article 1 above. LAURIE MCELROY shall be Personal Services Agreement -Laurie McElroy -page 1 of 4 ~ responsible to provide an accounting of services provided. LAURIE MCELROY will be paid within thirty days (30) of providing the City with an invoice. 7. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian 33 E. Broadway Avenue Meridian, Idaho 83642 Laurie McElroy 3022 E. Green Canyon Drive Meridian, ID 83642 Either party may change their address for the purpose of this pazagraph by giving written notice of such change to the other in the manner herein provided. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a sepazate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 9. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of ~ the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 10. Assignment: It is expressly agreed and understood by the parties hereto, that LAURIE MCELROY shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 11. Discrimination Prohibited: In performing the Services required herein, LAURIE MCELROY shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 12. Reports and Information: At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 13. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of LAURIE MCELROY' S records with respect to all matters covered by this Agreement. LAURIE MCELROY shall permit the CITY to audit, examine, and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all ~` matters covered by this Agreement. Personal Services Agreement -Laurie McElroy -page 2 of 4 ''~`` 14. Publication, Reproduction and Use of Material: The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepazed under this Agreement that aze property of the CITY. LAURIE MCELROY does use material prepazed and copyrighted for their use in furtherance of this Agreement and contain proprietary information that derives sepazate individual economic value to LAURIE MCELROY. Those documents may not be reproduced without the express written consent of LAURIE MCELROY Documents that aze restricted by this condition must be clearly marked and identified by LAURIE MCELROY to claim this exclusion. Said proprietary materials shall remain the property of LAURIE MCELROY and utilization of such proprietary materials by the CITY outside of this Agreement or ongoing beyond the term of this Agreement would require a sepazate licensing agreement to be entered into by the parties. 15. Compliance with Laws: In performing the scope of services required hereunder, LAURIE MCELROY shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 16. Changes: The CITY may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of LAURIE MCELROY'S compensation, which are mutually agreed upon by and between the CITY and LAURIE MCELROY shall be incorporated in written amendments to this ,.~ Agreement. 17. Termination: For Cause: If, through any cause, LAURIE MCELROY, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepazed under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, the CITY may immediately terminate this agreement with notice to LAURIE MCELROY. An accounting pursuant to this agreement can then occur to assure that proper payments or credits are accomplished. Without Cause: If the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to LAURIE MCELROY of such termination and specifying the effective date thereof at least sixty (60) days before the effective date of such termination. LAURIE MCELROY may also terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepazed by LAURIE MCELROY under this Agreement shall, at the option of the CITY, become its property, and LAURIE MCELROY shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, LAURIE MCELROY shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by Personal Services Agreement -Laurie McElroy -page 3 of 4 ~ LAURIE MCELROY, and the CITY may withhold any payments to LAURIE MCELROY for the purposes of set-off until such time as the exact amount of damages due the CITY from LAURIE MCELROY is determined. This provision shall survive the termination of this agreement and shall not relieve LAURIE MCELROY of its liability to the CITY for damages. 18. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. Entire Agreement: This Agreement contains the entire agreement of the pazties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. The parties also understand that LAURIE MCELROY has existing Agreements with the CITY that aze not incorporated under this Agreement. The CITY may contract with LAURIE MCELROY to perform other functions not included in the Scope of Services of this Agreement. Any such contemporaneous agreements shall also be in writing and substantially similaz to this Agreement. 20. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 21. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN ..~- TAM~oi de WEERD, MAYOR BY LAURIE MCELROY Attest: ~' `~pRF'OR,q ~~ q't' -; ~~"'" _ - SAL Jaycee L. lman, City Clerk y ~~ ~~' O ~,,~~ 0,9 T 1ST . P~ \\~+~ '''~~~, cOUNT`l , ~0,, ~~'• Personal Services Agreement -Laurie McElroy -page 4 of 4 ~"'~ EXHIBIT A Scope of Services Duties: Yoga Class Instructor to perform duties two days per week, Tuesdays and Thursdays 12:OSpm- 12:SSpm, unless otherwise specified and mutually agreed upon by both parties. Yoga Class Instructor duties to be performed on the 3`d Floor of Meridian City Hall in Room # 306 unless otherwise mutually agreed upon by both parties. Compensation: $5.00 per person per class. Instructor has the right to terminate class if student participation falls below 6 students/participants. Exhibit A Meridian City Council Meeting DATE: November 3, 2010 ITEM NUMBER: 5C PROJECT NUMBER: ITEM TITLE: Budget Line Item Reallocation for Lakeview Golf Course Capital Improvements for $6,000.00 MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~1~5' I (- ~" .---- ~-- ~- ~r~Q~~cna~ -~ ~ odc[ '''v. C N U r N ~ IL ~ y N Q N c Z O Q o D ~~ W E ~ ~ p J O _ O U c~ ai d N N3~~ b m~~ r N ~ ~ c~-a` a p ~ o ~•~-a U w ~ '~ ° c` m ~ u~ ~ C 'co' m d' . O m L >, ~ C~ C~' jv C QQ ~ • a. ~ ~- ~~ $.. a~ o o `p ~~~NO~~~.n3mc~ ~ A' ~_ ~.. '~ V O ~ ~ ~ ~ ''~ ~ 0.. W t ~ 1S 3 (pU ~ r3 ~.L. 4 fA • ~ C1 e ~ ~ ~ io ~ ~ ~ fT6 ~ 3 v N ~- J , ctn ~ ~ V ~ ~~ . ~ ~ ~ N ~ C ~ t /1 td O ~ 4: ~ W ~ U ~ O ~ ~ ~ ~ a c ,~ C ~~~'~~ w~ a ~ 3~ X 3° i c a E m m o E ~~ 3 "- (6 ~ ~ ~, O w RS C C p0 ~ N ~ O to N '' ffl ~ N~ C N ' ~ U ~ C.. L ~ ~ Q L. ~ O = > ~ ~ fE ~ ~ C L' ~,H n.y ~ ac~w ~ ~~ , ~ X-~ ~ a~ ~ Q OQ,~ w ~ ~ a ~ ~~o ~ a ~ ~ ~ _ _ ~ . N> p N C p v-n Q p ~ O tq N L !~ N d 7~ m ~ ' Q ~ ~ ~ o> a ~ C o 0 ~ ~ n ~ . 'z im .3 . v, v , m o° °o ' o 0 0 'o~~ ~ ~ E A a~a A ~ . c - .. 0 0 0 0 0 « ~ o o 0 0 E ~ A Q m rn v m F ~ W O J ~ ~ O a ~ 0 ~~o O ~ O LL V U Q 0 0 c U V (~ ~_ C C N N Q N «~ O O C ~ •L ~ ~ ~U ^O' O W N O U ~ N O ~ ~ o E °' o `~ L O U ~ ~ ~ N Off.,, C ~ ~ ~3 N w fl. N ~ ~ N j C ~ O N Q ~ U N . Q. O (q O N :r U `_ (~ N C y'~.+ ~ ; N ~ fl. _ ~ ~ c ~ o c t_ ~ O N m ~~ ~~~~3'~~ 0 0 0 ~ o ~ as pU c_ ~ ~. ~ `~ O coo ~ cow - ~U~~ ~~~~~ c~ yQ,o Il d w C =_ O ~ p W 3 Y O O ~ p ~ ~ N ~ ~ U C .d C C U ~~Nym p _ p .~.. C. "'' C. 3 O ~ ,0 ~ ~ O c ~ C9 a N ~ c ~ rn_ ~3 ~ ~ cOi = U C Y $ LL N Q U U 4 i a a a ~U C 7 O N a` 0 0 N N a n. Meridian City Council Meeting DATE: November 3, 2010 ITEM NUMBER: 6 PROJECT NUMBER: ITEM TITLE: Items Moved From Consent MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 3, 2010 ITEM NUMBER: 7A. PROJECT NUMBER: AZ -o oo~ L ITEM TITLE: Continued Public Hearing From October 26, 2010: AZ 10-002 for Barletta Subdivision by Russell & Karen Hunemiler Located at 3299 W. Davis Lane Request: Annexation and Zoning Approval of 5.94 Acres with an R-2 Zoning District MEETING NOTES n CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 3, 2010 ITEM NUMBER: 7B PROJECT NUMBER: ~PP to _ _ ITEM TITLE: Continued Public Hearing From October 26, 2010: PP 10-002 for Barletta Subdivision by Russell and Karen Hunemiller Located at 3299 W. Davis Lane Request: Preliminary Plat Approval of 2 Building Lots and 2 Common /Other Lots on 5.94 Acres MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 3, 2010 ITEM NUMBER: 7C PROJECT NUMBER: TE 10-025 ITEM TITLE: Normandy Subdivision Public Hearing: Two (2) year Time Extension to obtain the City Engineer's signature on the Final Plat by James Patterson - 4145 S. Locust Grove Road MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 3, 2010 ITEM NUMBER: 7~ PROJECT NUMBER: TE 10-026 ITEM TITLE: Blackstone No. 2 Public Hearing: TE 10-026 Blackstone No. 2 by Landmark Engineering and Planning, Inc. Located at 4700 W. Aspen Creek Street Request: Approval of a 24-Month Time Extension to Obtain the City Engineer's Signature on the Final Plat MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 3, 2010 ITEM NUMBER: 7E PROJECT NUMBER: TE 10-027 ITEM TITLE: Harcourt Subdivision Public Hearing: TE 10-027 Harcourt Subdivision by Great Sky, Inc. Located South Side of E. Victory Road and East of S. Eagle Road Request: Approval of a 24-Month Time Extension to Obtain the City Engineer's Signature on the Final Plat MEETING NOTES C~~~III~~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~~h,,~ 7E Date: DR: RECEIVED Hov a ~ ao~o CITY OFC~~ ID~„~~.. Meridian Code Enforcement Intake For~iTM c~ERKS OFFICE 12/3/09 CM: 11123 Location of Violation: 3595 E. Victory Road, Meridian ID 83642 Parcel(s): 83193200025 Source of Report: p Citizen ®Anonymous p Internal pCity Employee pother Case Type: ~ Weeds ~ Junk ~ Nuisance: p Abandoned Vehicle pIllegal Use pCommercial Sign Private Sign p Home Occupation pBldg Permits pCitizen Inquiry pother: Com lainant Name: Ron Starn l~ Wishes to remain anonymous? Yes No Address: 3655 E Victory Road, Meridian ID Phone:(home,cell,business) Cell: (208) 869-2475 Property Owner Name: Jefferson Square LP Address: PO Box 1979 San Mateo, CA 94401 Phone:(home,cell,business) Unable to locate Occupant Name/Property Type:Undeveloped R-4, split property with unknown resident occupying residence on North section of property. Problem Details/Description: Multiple unregistered/inoperable vehicles stored on property, possibly running business from existing building, piles of debris Actions Taken Date rime On 12/4/09, I met the reporting party, Ron Starn who resides at 3655 E. Victory Road, regarding a "junk property" at the property directly west of him. He showed me pictures he had taken of 3595 E. Victory Rd. showing multiple construction type vehicles and a large pile of debris. The property is zoned R-4 but he also believed the people on the property were running a business from there. I responded to the property and was unable to gain access. On 12/9/09,1 took photos from Falcon Dr.,Terry Dr. and from R.P's property of 3595 E. Victory Rd. On 12/11/09, I sent an email to Emily Kane asking for assistance on this case. On 1/6/10, I met with Emily Kane and Kristy Vigil regarding potential violations on the property and Kane told me she would write a letter to send to the property owners in San Mateo, CA. I responded to the property again and took photos from Victory Rd. through the open driveway of the property and it appears the property has been subdivided and there is a resident living in the house on the front of the property. The residence is partially surrounded by a 6' vinyl fence with a sign posted saying, "Keep out" and the property is under surveillance. The remainder of the residential property is surrounded by a 4' fence. On 1/7/10 at approximately 0920 hours, I parked across the street from the driveway to the Page 1 of 2 Actions Taken-Continued DR: Date/Time 04/15/2010 The debris piles throughout the property have been removed and most of the heavy machinery has been consolidated to the northeast corner of the property. 4/30/2010 I contacted Ron Stern, the original Complainant and he stated the property is in better condition and little to no heavy vehicle traffic is occurring down Falcon Drive. Mr. Stern stated he is mostly satisfied with the results of the clean up. I contacted Trevor Roberts for an updated timeline on the property. Mr. Roberts stated he does not know when they will begin breaking ground for the planned subdivision but it won't be "within the next few months." I told Mr. Roberts that his efforts so far has been satisfactory and the complainant was satisfied with the results. Mr. Roberts invited me to visit the property when he was in town next week. 5/5/2010 I visited with Mr. Roberts at 1430 at the property. Mr. Roberts agreed to continue cleaning up the property and is in the process of selling several of the heavy vehicles located there. He agreed to ensure the machinery is kept on the northeast corner of the property where it is screened. I asked that Mr. Roberts keep me informed of the progress of the clean up. Page 3 of 3 Meridian City Council Meeting DATE: November 3, 2010 ITEM NUMBER: $A PROJECT NUMBER: ITEM TITLE: Planning Department: Discussion on Idaho Transportation Department's (ITD) Statewide Transportation Improvement Program (STIP) Regarding State Highway 20/26 and State Highway 44 MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS October 29, 2010 MEMORANDUM TO: Mayor Tammy de Weerd City Council Members CC: City Clerk FROM: Caleb Hood, Planning Manager RE: ITD's STIP and U.S. 20/26 and HWY 44 Funding November 3, 2010 City Council Agenda Item BACKGROUND: During the process of composing the FY2011-2015 Statewide Transportation Improvement Program (STIP), ITD District 3 removed funding for right-of--way acquisition (preservation) for the US 20/26 and SH 44 corridors. In September, the COMPASS Board voted to delay action on the FY11-15 TIP, so COMPASS, ITD and other agencies' staffs could discuss options for continuing to have money for right-of- way preservation for these two projects. (This fall, ITD adopted a STIP that does not include our area - we are currently using the FY10-14 STIP, with amendments.) There is asub-committee made up of ITD (District 3 and HQ), COMPASS, ACHD, Boise, Meridian, and Middleton staff that have been meeting weekly for the past six weeks to try and resolve ITD-local communication and protocol issues as well as the funding question for US 20/26 and HWY 44. The following was programmed for each project in current and future years in the FY2010-2014 TIP/STIP (what our area is still using) in the Expansion category (numbers in $1,000): Fundin Year 44 20/26 2011 g72 872 2012 872 872 2013 872 0 Total 2616 1744 4360 Historical obligations for these highway expansion projects are as follows (numbers in $1,000): (Note: there were many changes over the programming years and except for the environmental documents and studies not a lot of money has been obligated for these projects. The highest number for each year/category is shown) 44 20/26 Funding Programmed Obligate Use of Programmed Obligated Use of Year Funds Funds PE - 0 1999 PC - 14 15 PE/PC 0 _ PC - 20 PE - 200 2000 ROW - 30 20 PC ROW - 300 200 PE 2001 ROW - 50 _ ROW - 500 0 _ 2002 ROW - 500 _ ROW - 500 0 _ ROW - 575 PE - 4 2003 ROW - 575 45 PE PC - 25 PC - 64 2004 ROW - 500 25 PC ROW - 500 64 PC PE - PC - 25 PC - 120 ROW - 300 2005 ROW - 30 121 PE/PC 255 PC PE-2 PE-10 PC - 100 PC - 1195 2006 ROW - 351 102 PE/PC ' ROW - 351 1205 PE/PC PE - 1 PE - 20 PC - 37 PC - 420 2007 ROW - 41 38 PE/PC ROW - 410 440 PE/PC PE-1 PE-71 PC - 180 PC - 280 2008 ROW - 163 19 PE/PC ROW - 1638 351 PE/PC PE - 3 PC/ ROW - 1000 2009 ROW - 100 61 ROW 0 _ 2010 ROW - 87 - ROW - 872 0 - PE-8 PE-346 PC - 3355 PE/PC/ PC - 2798 Total ROW - 694 401 RQW ROW - 6946 314 PE/PC STATUS: ITD works under a hierarchy for programming projects that goes like this: Operation, Preservation, Restoration and then Expansion projects. Therefore, the only listed expansion project in District 3 is for a storm drain pond associated with the construction of the connector that was supposed. to be built years ago. The STIP and TIP need to be financially constrained. So, the subcommittee reviewed all projects included in ITD District 3's program for FY2011-2015, but there was not consensus to pursue removal of any existing project(s) to fund US 20/26 or HWY 44. Since the sub-committee began meeting, ITD has brought to the table a proposal to program about $SOK for each corridor for the next few years of the STIP -until the environmental documents are approved by FHWA. This money would just be used for protective right-of--way buys. This potential solution does nothing to address the long- term right-of--way and construction costs for these projects. However, it does still keep both of these projects as named projects in the STIP/TIP and on ITD's radar. (All of the options we discussed as asub-committee are at the end of this document.) I've been asked to share our "solution" below, and see if you have any comments. The final recommendation from this sub-committee will be shared with the COMPASS Board, but you get to look at it before this sub-committee formalizes a recommendation (likely to be November 8th). Please let me know if you have other options this sub- committee should look into. Sub-Committee Recommendation: Short Term/Immediately (FY2011-2015 TIP) • Keep existing, separate key numbers for each project • Reduce programming amounts to $50,000 per project per year through FY 2014 • Funds would be for protective buying only • This will satisfy existing development agreements that could lapse soon • Discuss phasing of projects and feasibility for next year's TIP/STIP allocation Medium Term/Next STIP Update (FY2012-2016 TIP and for the next 1-2 year TIP cycles) • Add new grouped project key number for Ada and Canyon Counties that carries over the $50,000 per project per year, plus (maybe) additional funds for SH 55 • Grouped project would be for protective buying for US 20/26, SH 44, and SH 55 • Funds would be for protective buying only • Cooperative process between ITD and TMA to agree to construction phasing plan for each project Long Term/After environmental documents are approved • Implement strategy to phase the project into multiple projects • Add new key number with new scope for the top ranked phases • Start funding the top ranked phases on both corridors with as much funding as becomes available Here are all of the funding options identified by the sub-committee, with pros and cons: 1. Program some funds for protective buying purposes. This option allows right-of- way purchase prior to an approved environmental document. The property must be within a common alignment for all alternatives. a. Pros i. Over $7 million has already been spent on corridors, and they should continue to progress. ii. Local jurisdictions and developers have planned for right-of--way purchases and corridor improvements with building setbacks, landscaping, etc. iii. Projects are perceived as moving forward. iv. Agreements between the City of Middleton and developers to set aside land for an alternate route begin to expire in 2011. v. If hardship cases arise before the environmental clearance is complete, some funding would be available. (NOTE: right-of--way for one hardship case was obligated for SH 44 in FY2009.) vi. Approval of Alternative Analysis for US 20/26 and SH 44 would enable protective buying. b. Cons i. Because of budgetary constraints, ITD is focusing on a "maintenance" only program. ii. The program is currently balanced. Funds would have to come from another project(s). iii. Until environmental process is complete, most right-of--way cannot be obligated. Funds could possibly be swept. 2. Program some funds for right-of--way purchase in the future, conditional on the approval of the environmental document. a. Pros i. Over $7 million has already been spent on corridors, and they should continue to progress. ii. Local jurisdictions and developers have planned forright-of--way purchases and corridor improvements with building setbacks, landscaping, etc. iii. Projects are perceived as moving forward. b. Cons i. Agreements between the City of Middleton and developers to set aside land for an alternate route begin to expire in 2011. The delay may put some of the agreements in jeopardy. ii. If hardship cases arise before the environmental clearance is complete, funding may nat be available. iii. Once right-of--way funds are spent on a project, the clock starts ticking for the next phase. A sponsor has 20 years to start construction once right-of--way has started. ITD may need approved extensions on this requirement. iv. Because of budgetary constraints, ITD is focusing on a "maintenance" only program. v. The program is currently balanced. Funds would have to come from another project(s). 3. Remove funds from the corridor projects and complete the environmental portion of the projects. After environmental documents are approved, add funds to the projects for right-of--way acquisition. a. Pros i. ITD's budget is balanced. ii. Because of budgetary constraints, ITD is focusing on a "maintenance" only program. b. Cons i. Over $7 million has already been spent on corridors, but projects appear to be stalled. There will likely be a gap for several years between environmental document approval and funding to purchase right-of--way. ii. Local jurisdictions and developers have planned forright-of--way purchases and corridor improvements with building setbacks, landscaping, etc. iii. Agreements between the City of Middleton and developers to set aside land for an alternate route begin to expire in 2011. The delay with no funding for right-of--way at all will likely place some of the agreements in jeopardy. iv. If hardship cases arise before the environmental clearance is complete, funding will not be available. v. Once right-of--way funds are spent on a project, the clock starts ticking for the next phase. A sponsor has 20 years to start construction once right-of--way has started. ITD would need approved extensions on this requirement. vi. Because of budgetary constraints, ITD is focusing on a "maintenance" only program. vii. The program is currently balanced. Funds would have to come from another project(s). 4. {This option didn't gain much traction, so no identified Pros and Cons}Remove funds after environmental document is approved due to a "no build" scenario. a. Pros b. Cons 5. Add new project (key numbers) with limited funds and scope for hardship and/or protective buying only for US 20/26 and SH 44. a. Pros i. Over $7 million has already been spent on corridors, and they should continue to progress. ii. Local jurisdictions and developers have planned for right-of--way purchases and corridor improvements with building setbacks, landscaping, etc. iii. Projects are perceived as moving forward. iv. If hardship cases arise before the environmental clearance is complete, funding is available. v. The revised scope limits the expectations to only protective buying for these projects at this time. vi. Agreements between the City of Middleton and developers to set aside land for an alternate route begin to expire in 2011. This action would keep the agreements in place. b. Cons i. Once right-of--way funds are spent on a project, the clock starts ticking for the next phase. A sponsor has 20 years to start construction once right-of--way has started. ITD may need approved extensions on this requirement. ii. Because of budgetary constraints, ITD is focusing on a "maintenance" only program. iii. The program is currently balanced. Funds would have to come from another project(s). 6. Add new project (key number) with limited funds and scope for only specific portions of US 20/26 and SH 44 for sections that could ultimately be constructed in the future. a. Pros i. Over $7 million has already been spent on corridors, and they should continue to progress. ii. Local jurisdictions and developers have planned for right-of--way purchases and corridor improvements with building setbacks, landscaping, etc. iii. Projects are perceived as moving forward. iv. If hardship cases arise before the environmental clearance is complete, funding maybe available, depending on where the sections are prioritized. v. The revised scope limits the expectations to only certain sections of the corridors at this time. b. Cons i. Agreements between the City of Middleton and developers to set aside land for an alternate route begin to expire in 2011. Depending on where the sections are prioritized, these agreements maybe in jeopardy. ii. Once right-of--way funds are spent on a project, the clock starts ticking for the next phase. A sponsor has 20 years to start construction once right-of--way has started. ITD may need approved extensions on this requirement. iii. Because of budgetary constraints, ITD is focusing on a "maintenance" only program. iv. The program is currently balanced. Funds would have to come from another project(s). Meridian City Council Meeting DATE: November 3, 2010 ITEM NUMBER: 96 PROJECT NUMBER: ITEM TITLE: B. Ordinance No. 1l~' ~~~pa An Ordinance of the City of Meridian Amending Meridian City Code Section 3-4-1, relating to Outdoor Sales and Temporary Uses Definitions; Amending Meridian City Code Section 3-4-3(A)(6), relating to Exceptions to Licensing Requirements for Temporary Uses; Amending Meridian City Code Section 3-4-3(C) (8), relating to Garage Sales; Adding a new section, Meridian City Code Section 3-4-3(C)(9), providing standards for Temporary Construction Sites; Providing for a Savings Clause; and Providing an Effective Date MEETING NOTES I" Y', CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN ORDINANCE NO. ~~0~ BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING MERIDIAN CITY CODE SECTION 3-4-1, RELATING TO OUTDOOR SALES AND TEMPORARY USES DEFINITIONS; AMENDING MERIDIAN CITY CODE SECTION 3-4-3(A)(6), RELATING TO EXCEPTIONS TO LICENSING REQUIREMENTS FOR TEMPORARY USES; AMENDING MERIDIAN CITY CODE SECTION 3-4-3(C)(8), RELATING TO GARAGE SALES; ADDING A NEW SECTION, MERIDIAN CITY CODE SECTION 3-4-3(C)(9), PROVIDING STANDARDS FOR TEMPORARY CONSTRUCTION SITES; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, by the adoption of Ordinance nos. 08-1354, 08-1371, 08-1356, 09-1430, and 10-1453, the City Council of the City of Meridian has instituted a procedure by which outdoor sales and temporary uses occurring in the City of Meridian are required to meet minimum standards for the purpose of protecting the health, safety, and welfare of Meridian residents and other participants in such outdoor sales and temporary uses; WHEREAS, the permitting procedure and standards have been found to encourage outdoor sales and temporary uses that complement permanent City of Meridian businesses; that are safe, attractive, and desirable; that add variety to the shopping and/or dining opportunities available in Meridian; and that support and facilitate community events and celebrations; and WHEREAS, the changes to the Outdoor Sales and Temporary Uses ordinance set forth herein are intended to improve and refine the processes and standards established therein, specifically to reinsert the definition of "temporary indoor event" and to add a definition of, and standards for the operation of, a "temporary construction site"; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1. That Meridian City Code section 3-4-1 is hereby amended to read as follows: 3-4-1: DEFINITIONS: For purposes of this chapter, the following terms shall be defined as follows: A. FIRST AMENDMENT ACTIVITY: Any and all expressive and associative activity that is protected by the United States. and Idaho Constitutions, including speech, press, assembly, and/or the right to petition.. 'his definition shall not include activity that damages, harms or injures persons or property. B. GARAGE SALE: The sale, offer for sale, offer for trade, offer free of charge, or display for the purpose of selling, trading, or offering, of one (1) or more items of used or unwanted tangible personal property, including, but not limited to: clothing, household effects, tools, toys, recreation equipment, or other used or second-hand items customarily found in or about the home; where such sale, trade, offer or any portion thereof occurs outdoors or where any goods NOVEMBER 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 1 OF 9 offered for sale or trade are displayed outdoors; and such sale, trade, offer or any portion thereof occurs at a residence or residential property. This definition shall include yard sales, basement sales, attic sales, moving sales, tag sales, rummage sales, and other such sales known by terms which are synonymous with the term GARAGE SALE. This definition shall not include, and this section shall not apply to, sales specifically authorized by and conducted in conformity with statute or judicial order or conducted under judicial supervision, including, but not limited to, estate sales. C. GOODS: Tangible personal property, products, produce, food, or merchandise sold, offered for sale, offered for trade, offered free of charge, or displayed for the purpose of selling, trading, or offering. This definition shall also apply to personal property, products, or merchandise that is offered or displayed to be sold, traded, offered, or delivered at another time or location, or that serves as a sample of that to be sold, traded, offered, or delivered at another time or location. This definition shall not include fireworks. D. MOBILE SALES UNIT: 1. A traveling, and/or door-to-door commercial or retail establishment, enterprise, facility, and/or any agent or representative thereof, from which or whom, at which or whom, or by which or whom goods and/or services are sold, traded, given away; offered for sale, trade, or giveaway; displayed for the purpose of sale, trade, or giveaway; or delivered pursuant to such sale, trade, or giveaway; and which or whom: a. Does not remain within any 300-square-foot area for more than two (2) consecutive hours within any twenty-four-hour (24-hour) period; and b. Is neither located on the premises of, nor physically attached to, any permanent proprietor, except when parking or stopping temporarily in order to conduct a sale, trade, giveaway, offer, display, or delivery. 2. A MOBILE SALES UNIT may travel and/or consist of any form of conveyance or transport, including, but not limited to, by foot, vehicle, trailer, cart, wheeled or other container, or other form of offering, displaying, or storing goods and/or services. 3. This definition shall not include FIRST AMENDMENT ACTIVITY on public or private property. 4. This definition shall not include the delivery of goods or services to a residence or place of business pursuant to a sale, trade, giveaway, or order previously transacted or placed with a commercial or retail establishment, enterprise, facility, and/or any agent or representative thereof which is not traveling and/or door-to-door. 5. This definition shall not include an "insurance producer," as such term is defined by Idaho Code, where such person holds a current, valid State of Idaho license for such activity. E. ORGANIZER: The person who coordinates. and/or promotes one ar more vendors, activities, and/or venues in order to create or produce an Outdoor Market or Special Event, and/or the applicant in whose name a City of Meridian Temporary Use Permit for an Outdoor Market or Special Event is held. F. OUTDOOR MARKET: The sale, offer for sale, offer for trade, offer free of charge, or display by any person or persons for the purpose of selling, trading, or offering, of one (1) or more items of produce, food items, arts, crafts, new or used tangible personal property; where such sale, trade, offer or any portion thereof occurs: NOVEMBER 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 2 OF 9 1. Outdoors or where any goods offered for sale or trade are displayed outdoors; and 2. On public property or on property accessible by the general public; and 3. Within 300 feet of any other person or persons selling, trading, or offering one (1) or more items of produce, food items, arts, crafts, new or used tangible personal property. This definition shall include outdoor farmer's markets, outdoor flea markets, and outdoor arts, crafts, and/or hobby markets. This definition shall not include FIRST AMENDMENT ACTIVITY on public or private property. G. PERMANENT PROPRIETOR: The owner or occupant of real property at which such owner or occupant conducts an approved conditional or principal permitted use as such uses are defined in the Meridian Unified Development Code. H. PROMOTIONAL SALES UNIT: An outdoor or open-air commercial or retail facility from or at which goods and/or services are sold, traded, offered for sale or trade, or displayed for the purpose of sale, trade, or giveaway; and which: 1. Remains within any 300-square-foot area for more than two consecutive hours within any twenty-four hour period; and 2. Is located on the premises of, or physically attached to, a permanent proprietor; and is operationally related or identical to such permanent proprietor. A PROMOTIONAL SALES UNIT may consist of any tangible structure, including, but not limited to, a stall, booth, tent, platform, box, table, rack, palate, trailer, cart, vehicle, container, or other form of offering, displaying, or storing goods and/or services. I. PROPERTY: Any tract of contiguous land held in single ownership. J. SERVICES: Work or labor that is offered, sold, or undertaken in exchange for money, goods, or services or that is offered or undertaken free of charge. This definition shall also include work or labor that is to be offered, sold, or undertaken at another time or location, or that serves as a sample or demonstration of work or labor to be offered, sold, or undertaken at another time or location. K. SPECIAL EVENT: 1. A planned or foreseeable commercial, recreational, or expressive activity or gathering of persons which: a. Changes, attempts to change, or has a tendency to change the typical use of publicly accessible land or facilities, or the normal flow or regulation of pedestrian or vehicular traffic upon or in the streets, sidewalks, or other publicly accessible areas; and b. Takes place, whether entirely or partially: (1) On a street or sidewalk located within the City and will likely result in some or total obstruction of such streets or sidewalks; or (2) On any other property, whether public or private, but requires for its successful execution the provision and coordination of City services to a degree over and above that which the City normally provides; or (3) On or in any area open to the public. 2. SPECIAL EVENTS may include, but shall not be limited to: a. Parade, procession, organized movement, or motorcade, consisting of persons, vehicles, or a combination thereof; NOVEMBER 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 3 OF 9 b. Public assembly, demonstration, march, meeting, parade, protest, rally, or vigil which involves the expression of opinions or grievances of persons for a common purpose; c. Performance, presentation, ceremony, concert, or exhibit; d. Athletic competition, race, or contest involving sports, games, or exercises; or e. Community or neighborhood celebration, gathering, or block party. 3. The definition of SPECIAL EVENT shall not include: a. An activity held solely on private property not accessible by the general public and which neither requires the provision and coordination of City services to a degree over and above that which the City routinely provides nor compromises the ability of the City to respond to a public safety emergency; b. An activity, including FIRST AMENDMENT ACTIVITY, occurring on streets or sidewalks within the City or in or on City property, where such activity neither results in the obstruction of streets or sidewalks, nor requires the provision and coordination of City services to a degree over and above that which the City routinely provides, nor compromises the ability of the City to respond to a public safety emergency; c. Funeral processions; or d. Programmed activities provided or managed by the City. L. SUBDIVISION MODEL HOME: A dwelling which serves as an exhibit or example of dwellings constructed or to be constructed within the subdivision in which such model home is located. Where a dwelling is both a SUBDIVISION MODEL HOME and a SUBDIVISION REAL ESTATE SALES OFFICE, the definition of SUBDNISION MODEL HOME shall apply. M. SUBDIVISION REAL ESTATE SALES OFFICE: A structure from which lots and/or dwellings are sold, rented, or offered for sale or rent, where such structure is located in the subdivision containing such real estate. Where a structure is both a SUBDIVISION MODEL HOME and a SUBDIVISION REAL ESTATE SALES OFFICE, the definition of SUBDIVISION MODEL HOME shall apply. N. TEMPORARY CONSTRUCTION SITE: Activities and uses associated with and incidental to the construction or improvement of a subdivision, structure, road, or parking lot• incidental excavation and roadwork activities; and/or utility installation. This definition shall not include construction sand and gravel mining as defined in title 11 of this code and/or sale of extracted materials at the extraction site or any other location, nor shall this definition include real estate sales offices or model homes as set forth in this chapter. O. TEMPORARY INDOOR EVENT: The use of an interior space of a building or portion thereof for a use or purpose that differs from the building's principally permitted anc~/r'or approved accessory use(s). l~P. TEMPORARY SALES UNIT: An outdoor or open-air commercial or retail establishment, enterprise, or facility from or at which goods and/or services are sold, traded, offered for sale or trade, or displayed for the purpose of sale, trade, or giveaway; and which: 1. Remains within any 300-square-foot area for more than two consecutive hours within any twenty-four hour period; and 2. Is not located on the premises of, nor physically attached to, any permanent proprietor. NOVEMBER 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 4 OF 9 A TEMPORARY SALES UNIT may consist of any tangible structure, including, but not limited to, a stall, booth, tent, platform, box, table, rack, palate, trailer, cart, vehicle, container, or other form of offering, displaying, or storing goods and/or services. This definition shall not include the sale of fireworks. ~(~. TEMPORARY SIGN: A sign, and/or any device, fixture, placard, or structure which: 1. Uses any color, form, graphic, illumination, symbol, or writing to identify, promote, advertise, or direct patrons to a TEMPORARY USE; and 2. Is not permanently mounted or secured. This definition shall be limited in its application to TEMPORARY SIGNS regarding TEMPORARY USES as defined in and regulated by this chapter, and shall not apply to signs defined in and regulated by other provisions of City Code, including, but not limited to, temporary and/or permanent signs regulated by the Meridian Unified Development Code. ~-R. TEMPORARY USE: The carrying on, for a determinate and transitory period of time, a use of, at, or upon real property, including, but not limited to, the sale, trade, offer, delivery, or display of goods or services, where such use is not the approved conditional or principal permitted use designated for such real property as defined and regulated by the Meridian Unified Development Code. TEMPORARY usES shall include, but shall not be limited to, SUBDIVISION MODEL HOMES, SUBDIVISION REAL ESTATE SALES OFFICES, PROMOTIONAL SALES UNITS, TEMPORARY SALES UNITS, SPECIAL EVENTS, OUTDOOR MARKETS, TEMPORARY CONSTRUCTION SITES, and GARAGE SALES. The definition of TEMPORARY USE shall not include City management and/or permitting of City facilities or usages otherwise governed by City ordinance or policy. Any TEMPORARY UsE established or operated within a park or facility operated by the City of Meridian Parks and Recreation Department shall be deemed to be either a SPECIAL EVENT or OUTDOOR MARKET. Section 2. That Meridian City Code section 3-4-3(A)(6) is hereby amended to read as follows: 3-4-3: TEMPORARY USES: A. License and/or permit requirements: It shall be unlawful for any person to establish, operate, allow the operation or establishment of, or act as any temporary use without each and all of the following licenses, permits, and/or certifications: *** 6. A city of Meridian temporary use permit, except that a city of Meridian temporary use permit shall not be required for the following activities, prodded that this exception shall not exempt such activities from any other requirements of law: first amendment activity on public or private property; any sale, trade, gift, offer, or display required by court order or by law; GARAGE SALES; TEMPORARY CONSTRUCTION SITES; or fireworks sales. Section 3. That Meridian City Code section 3-4-3(C)(8) is hereby amended to read as follows: 8. Standards for GARAGE, YAitn AND SIMILAR SALES. NOVEMBER 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 5 OF 9 a. GARAGE SALE operators shall comply with all provisions and standards of this chanter and any and all ap hp 'cable provisions of law except that a City of Meridian Temnorary Use Permit shall not be required and the provisions of Meridian Cif Code sections 3-4-3(B~1-6 shall not apply gib. It shall be unlawful for any person to conduct a garage sale at any one (1) address: (1) At which four (4) or more garage sales have been conducted by any person within the preceding three hundred sixty-five (365) days. (2) At which a garage sale has been conducted by any person within the previous thirty (30) days. (3) For longer than three (3) consecutive days. (4) Between the hours of 10:00 p.m. and 6:00 a.m. 1}c. Persons conducting garage sales shall comply with all provisions of this chapter and any and all applicable provisions of law. Ed. All GARAGE SALES shall be directly associated with a residence on the site of such garage sale. It shall be unlawful for any person to hold a GARAGE SALE on or at any vacant or unoccupied property and/or building, except where facts exist to support the affirmative defense that such person: (1) Is the owner of record of such property and/or building; or (2) Prior to such GARAGE SALE, has obtained written permission of the owner of such property and/or building for the garage sale, which permission shall include the scope of such permission, including specific reference to the date(s), address, and location of the garage sale; and the owner's signature and date. Any person claiming exemption under subsections (a) or (b) of this section shall bear the burden of proving that such exception applies. d-e. GARAGE sALES held by or for the benefit of charitable or non-profit organizations shall not be exempt from the provisions of this chapter. ~f. It shall be unlawful far any person to conduct a garage sale in any manner which creates a hazard to public health or safety. ~~ The following provisions shall apply to any and all TEMPORARY SIGNS related to a GARAGE SALE. (1) No more than four (4) TEMPORARY SIGNS per one (1) GARAGE SALE shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to such GARAGE SALE. It shall be unlawful for NOVEMBER 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 6 OF 9 any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of more than four (4) TEMPORARY SIGNS per one (1) GARAGE SALE identifying, promoting, advertising, or directing patrons to such GARAGE SALE. (2) The area of any TEMPORARY SIGN installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to a GARAGE SALE shall not exceed six (6) square feet. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of a TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a GARAGE SALE where the area of such TEMPORARY SIGN exceeds six (6) square feet. (3) It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of any TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a GARAGE SALE upon any property without the permission of the owner of such property. (4) Any and all TEMPORARY SIGNS identifying, promoting, advertising, or directing patrons to a GARAGE SALE shall be removed within twenty-four (24) hours of the conclusion or close of such TEMPORARY UsE. Section 4. That a new section, section 3-4-3(C)(9), shall be added to Meridian City Code, which new section shall read as follows: 9. Standards for TEMPORARY CONSTRUCTION SITES: a. TEMPORARY CONSTRUCTION SITE property owners shall comply with all provisions and standards of this chapter and any and all applicable provisions of law, except that a City of Meridian Temporary Use Permit shall not be required, and the provisions of Meridian City Code sections 3-4-3(B~(1-6) shall not apply. b. It shall be unlawful for andperson to operate a TEMPORARY CONSTRUCTION SITE on a property at which there is no approved and valid plat, certificate of zoning compliance and/or building_permit. All TEMPORARY CONSTRUCTION SITES shall be consistent with such approved plat, certificate of zoning compliance, and/or building permit. c. It shall be unlawful for any person to conduct processing or other industrial activities on a TEMPORARY CONSTRUCTION SITE unless such activities are directly associated with a valid plat, certificate of zoning compliance, and/or building~ermik.. d. It shall be unlawful for andperson to store materials and/or equipment on a TEMPORARY CONSTRUCTION SITE that that are not directly associated with a valid plat, certificate of zoning compliance, and/or building_permit. NOVEMBER 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 7 OF 9 e. It shall be unlawful for anYperson to place construction management trailers on a TEMPORARY CONSTRUCTION SITE unless such trailers are needed to supervise the TEMPORARY CONSTRUCTION SITE on a regular basis f. It shall be unlawful for anyperson to operate a TEMPORARY CONSTRUCTION SITE in anX manner which creates a hazard to public health or safe g. TEMPORARY CONSTRUCTION SITE property owners shall incorporate all extracted materials into the site design and/or development of the property and/or adjoining properties. Where such materials are not or cannot be incorporated into the design and/or development, the use shall be deemed a construction sand and gravel mining operation and shall comply with title 11 of this code. h. Persons operating a TEMPORARY CONSTRUCTION SITE shall accomplish such activit, time frame appropriate to the size and/or area of the development as determined b.~he planning director. Where such activity is not accomplished in an appropriate time frame the use shall be deemed a construction sand and gravel mining operation and shall comply with title 11 of this code. i. The provisions of Meridian City Code section 11-3D-7 shall apply to any and all suns on the TEMPORARY CONSTRUCTION SITE. Section 5. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 6. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, this ~ day of November, 2010. APPROVED by the Mayor of the City of Meridian, Idaho, this J day of November, 2010. APPROVED: All ~~i . ~7l~//~- ~-~ `~~~ G~~ ~oRq ~~ rif~y i ~. eerd o ayo3c ATTEST: SEAL r ~, __- - P .~~ Jay a Hol n ~"'~., ~'Ot~~TY . ~~ ~~~ City Clerk ~ ~''~~~ NOVEMBER 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE ~~/~~~ PAGE 8 OF 9 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO LC. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 10-~~ AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING MERIDIAN CITY CODE SECTION 3-4-1, RELATING TO OUTDOOR SALES AND TEMPORARY USES DEFINITIONS; AMENDING MERIDIAN CITY CODE SECTION 3-4-3(A)(6), RELATING TO EXCEPTIONS TO LICENSING REQUIREMENTS FOR TEMPORARY USES; AMENDING MERIDIAN CITY CODE SECTION 3-4-3(C)(8), RELATING TO GARAGE SALES; ADDING A NEW SECTION, MERIDIAN CITY CODE SECTION 3-4-3(C)(9), PROVIDING STANDARDS FOR TEMPORARY CONSTRUCTION SITES; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. The full text of this ardinance.is bye for inspection at City Hall, City of Meridian, 33 East Broadway, Meridian, Id ~~i~' oi~illan~'e shall become effective upon its passage and publication. '~ ~~; , ;, ~~ j ~I~ nA I'~f~./.l~ ~ _ Cify o~Gle~idian~ 1'` ~~= ~. Mayor and City Coun '~~a `~~ ~~^ ~ ~~ ~" By: Jaycee Holman, Ci ~ ~~r~lc ~ T f,~ r' First Reading: ~~_'iic7J 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. 10- 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. 10- 1~ 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 ~°~ ~'`' ~'`^~ , 2010. ~- William. L.M. Nary City Attorney NOVEMBER 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 9 OF 9 Meridian City Council Meeting DATE: November 3, 2010 ITEM NUMBER: 9A PROJECT NUMBER: ITEM TITLE: Ordinance No. ~~ - `~lD~: Meridian City Code as Codified at Title the Meridian City Code (ZOA 10-002) An Ordinance Amending Title 11 of the 1 1, entitled the Unified Development Code of MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN ORDINANCE NO. ' BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE AMENDING TITLE 11 OF THE MERIDIAN CITY CODE AS CODIFIED AT TITLE 11, ENTITLED THE UNIFIED DEVELOPMENT CODE, OF THE MERIDIAN CITY CODE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Unified Development Code is the official zoning ordinance for the City of Meridian and provides an opportunity to better support the Comprehensive Plan and provide a tool that is relevant and contemporary to the needs of the City; and, 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 incorporate changes to the Unified Development Code within the City of Meridian to provide for orderly growth and development and to carry out the policies of Meridian's Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 11, Unified Development Code, of the Meridian City Code is amended to read as follows: Section Text Reason for Change 11-1A-1 DEFINITION OF TERMS: BUSINESS CENTER: A neighborhood service area to meet the limited needs of We are proposing to allow residents running home occuaationsand/or telecommuting from home. business centers as a qualified amenit for subdivisions. ENTERTAINMENT, ADULT: Adult entertainment shall be as defined in title 3, We've had some confusion on chapter 10 of this code and shall include adult theaters, establishments with this matter. This is a adult arcade machines, and sateger~A adult stores, excluding adult stores temporary fix until the Legal having only a segment or section devoted to the sale or display of 1) stock or Department can develop a trade, books, magazines or films which are distinguished or characterized by new SOB (sexually oriented their emphasis on matter depicting, describing or relating to adult entertainment business). ordinance. and/or 2) devices designed to stimulate sex>~al arousal by contact with the skin or orifices. FENCE, CLOSED VISION: A fence that does restrict or impede vision or sight This cleans up an overlap with through the fence by more than twenty percent (20%)e open vision fence at 20%. PARK: A public or private open space that is primarily used for active recreation This clarification is currently in and community events. the temporary use section, but is not reflected in the definition. UL)C: 1 EXT AMENDMENT ORDINANCE TO MODIFY AND CLEAN-UP CERTAIN SECTIONS - ZOA 10-002 Page 1 of 14 Section Text Reason for Change PROPERTY: ASee-de~itier~--ef Lot or Parcel as herein defined. Clarification CONSTRUCTION SAND AND GRAVEL MINING (NAILS Code 212321)• The This is related to the changes use of a site for one or more of the following activities' (1 operating commercial necessary to address grade (i.e., construction) sand and gravel pits' (2) dredging for commercial Grade construction activities that go sand and Gravel; and (3) washing screening or otherwise preparing commercial beyond typical and acceptable grade sand and Gravel. site preparation. 11-2A-2 ALLOWED USES: A. Permitted uses and accessory uses in residential districts shall be reviewed in Clarify the necessary accord with chapter 3, "Regulations Applying To All Districts", chapter 4, approvals for permitted and "Specific Use Standards", and chapter 5, "Administration", of this title. ~ accessory uses. person establishing, operating, or carrvinG on a home occupation or family daycare in a residential district shall obtain an accessory use permit prior to establishing, operatina, or carrying on such use Any person establishinq _ operating, or carrying on anv other permitted and/or accessory use in a residential district shall obtain a certificate of zoning compliance prior to establishinq, operating, or carrying on such use except that single family detached homes and secondary dwellings shall not require certificate of zoning compliance and/or accessory use approval. Standards within this title related to such uses shall be reviewed in the course of the building permit process It shall be unlawful and a violation of the unified development code for any person to conduct in a residential district any permitted or accessory use unless such erson first obtains each and eve a licable ermit from the ci . Table ALLOWED USES IN RESIDENTIAL DISTRICTS 11-2A-2 Include construction sand and ~~ gravel mining as a conditional Use R-2 R-4 R-8 R-15 R-40 use in all residential districts; and remove temporary uses as an accessory use from the Construction sand and gravel C - C - C - C - C - table. minina Tomnnrnni nc~e ~ ~ ~I ~ / ^ 11-2B-2 ALLOWED USES: A. Permitted uses and accessory uses in commercial districts shall be reviewed Clarify the necessary in accord with chapter 3, "Regulations Applying To All Districts", chapter 4, approvals for permitted and "Specific Use Standards", and chapter 5, "Administration", of this title. ~ access©~ uses. person establishinq, operating, or carrying on a home occupation or family daycare in a commercial district shall obtain an accessory use permit prior to establishinq, operating, or carrying on such use. Any person establishinq _ operating, or carrying on anv other permitted and/or accessory use in a commercial district shall obtain a certificate of zoning compliance prior to establishinq, operating, or carrying on such use. It shall be unlawful and a violation of the unified development code for any person to conduct in a commercial district an ermitted or accesso use unless such erson first UDC TEXT AMENDMENT ORDINANCE TO MODIFY AND CLEAN-UP CERTAIN SECTIONS - ZOA 10-002 Page 2 of 14 Section Text Reason for Change obtains each and eve a licable ermit from the ci . Table ALLOWED USES IN COMMERCIAL DISTRICTS: 11-2B-2 Use C-N C-C C-G L-0 M-E H-E Include construction sand and gravel mining as a conditional use in all commercial districts; Construction sand and gravel C C C C C C and remove temporary uses mining as an accessory use from the table lmm~nrnni ~~cn /~ f'Y' ~ A- /~ tr ~ /~ /-~ tr /~ A- . 11-2C-2 ALLOWED USES: A. Permitted uses and accessory uses in industrial distracts shall be reviewed in Clarify the necessary accord with chapter 3, "Regulations Applying To All Districts", chapter 4, approvals for permitted and "Specific Use Standards", and chapter 5, "Administration", of this title. ~ accessory uses. person establishing operating or carrying on any permitted and/or accessory use in an industrial district shall obtain a certificate of zoning compliance prior to establishing, operating, or carrying on such use. It shall be unlawful and a violation of the unified development code for any person to conduct in an industrial district any permitted or accessory use unless such person first obtains each and eve a licable ermit from the cit . Table ALLOWED USES IN INDUSTRIAL DISTRICTS: 11-2C-2 Use I-L I-H Include construction sand and gravel mining as a conditional Construction sand and gravel mining ` C P use in the I-L district & awe- ~ ,~ permitted use in the I-H district; and remove temporary uses as an accessory use from the table. 11-2D-2 ALLOWED USES: A. Permitted uses and accessory uses in traditional neighborhood districts shall Clarify the necessary be reviewed in accord with chapter 3, "Regulations Applying To All Districts", approvals for permitted and chapter 4, "Specific Use Standards", and chapter 5, "Administration", of this title. accessory uses. Anv person establishing operatina or carrying on a home occupation or family daycare in a traditional neighborhood district shall obtain an accessory use permit prior to establishing, operating, or carrying on such use. Anv person establishing, operating, or carrying on any other permitted and/or accessory use in a traditional neighborhood district shall obtain a certificate of zoning compliance prior to establishing operating or carrying on such use except that single family detached homes and secondary dwellings shall not require certificate of zoning compliance and/or accessory use approval. Standards within this title related to such uses shall be reviewed in the course of the building permit process. It shall be unlawful and a violation of the unified development code for any person to conduct in a traditional neighborhood district any permitted or accessory use unless such person first obtains each and eve a licable ermit from the cit . Table ALLOWED USES IN TRADITIONAL NEIGHBORHOOD DISTRICTS: 11-2D-2 UDC TEXT AMENDMENT ORDINANCE TO MODIFY AND CLEAN-UP CERTAIN SECTIONS - ZOA 10-002 Page 3 of 14 Section Text Reason for Change Use 0-T TN-C TN-R Include construction sand and gravel mining as a conditional Construction sand and gravel mining ( C ~ C C use in the Traditional Neighborhood districts; and T°m„„~.,„, „~e ~ ~ ~ ~ ~ remove temporary uses as an accessory use from the table. 11-2D-4 STANDARDS IN THE OLD TOWN DISTRICT 0-T D. Streetscape Improvements: Streetscape improvements within the area bounded by Carlton Avenue, E. Third Street Ada Street and Meridian Road Include streetscape improvements in the standards shall be designed in accord with the City of Meridian Downtown Streetscape for the Old Town district Desi n Guidelines. . 11-3A-5 BIKEWAYS Bikeways shall be constructed The reference to the Bicycle ~eqg, ~nnthin th„ r,,,,,; ,a9hror;;a~ro;~ "~at~eLTJGr7TGT7t, sensi~stent in Pedestrian Design Manual is accord with the city's comprehensive plan and the Ada County Highway District no longer accurate. We have Master Street Mag. ~ removed it for now, and we " recommend just keeping the comprehensive plan reference. As part of the plan update, we will be adding portions of the . ' master street map and street typologies. This will address which streets should have on- street bikeways 11-3A-7 FENCES FIGURE 1 -FENCE REGULATIONS (REPLACE DIAGRAM) This amendment allows utility boxes & meters to be located inside fence enclosure; utility companies do not require boxes & meters to be located outside / fence enclosure. 8 feet mezimum el (rant cetbeok e e 3 (set mexlmum closed vision 4 f l ee maximum open vision e in required frmt Wtl e 11-3A-17 SIDEWALKS AND PARKWAYS: A. All sidewalks around buildin s and servin ublic streets shall be a Clarifies applicability of UDC TEXT AMENDMENT ORDINANCE TO MODIFY AND CLEAN-UP CERTAIN SECTIONS - ZOA 10-002 Page 4 of 14 minimum of five feet (5') in width, except if detached sidewalks are provided on sidewalk standards. local ublic streets in residential subdivisions, the minimum sidewalk width may be reduced to four feet (4'). 11-3C-5 C. Detached sidewalks shall be required along all arterial and collector streets. The director may waive this requirement to detach the sidewalk where 11 there is an existing attached sidewalk and/or 21 the sidewalk is T"° r°n~~irnme~n# fnr less than three hundred (300) linear feet in length and between two (2) adjoining properties with attached sidewalks. The director may waive this reauirement for a portion of the street frontage where there is a utility box mature tree or other impediment that prevents installation of a detached sidewalk. D. Sidewalks shall be required on both sides of the ublic street, except where the average width of lots, as measured at the street frontage line or at the building setback line, is over one hundred fifty feet (150'); sidewalks on only one side of the street may be allowed. Sidewalks shall not be required along private streets in residential developments as set forth in article F, "Private Street Requirements", of this chapter. PARKING AND DRIVE AISLE STANDARDS FOR ALL OTHER USES NOT SPECIFIED: TABLE 11-3C-5 REQUIRED STALL AND DRIVE AISLE DIMENSIONS'"'""^,T,~AT:fl I CAIf`T4J DV DADIlIAIr` AAI('I C 11-3C-6 Parking Angle Stall Width Stall Depth One-Way Drive Aisle Two-Way Drive Aisle 0° (parallel) 9'0" 23'0" 12'0" 25'0" 45° 9'0" 19'0" 13'0" 25'0" 60° 9'0" 19'0" 17'0" 25'0" 90° 9'0" 19'0" 25'0" 25'0" Drive aisle only NA NA 12'0" 20'0" Notes: 1.Stalls designed for compact vehicles may be reduced in depth by 2 feet. 2 All fiun u~nv `+rivn Miclnc c~h~+ll v°v n min'm ~m of 7f, fnn+ 'n 'rl+h The "drive aisle only" standards are for drive aisles that do not have any adjacent parking stalls. REQUIRED NUMBER OF OFF STREET PARKING SPACES: Number Of Bedrooms Use And Form (Per Unit) Required Parking Spaces Age restricted 1 0.5 per bed i elderly housing (attached or 2+ 2 per dwelling unit; at least 1 in detached)3 an enclosed garage, others ace This amendment facilitates review of fully developed or partially developed properties. This amendment clarifies that drive aisle widths must be at least 20 feet. We generally rely on the Fire Department standard, but we felt it would be best to reiterate it in the UDC. These changes make the standards consistent among different residential types and allow a bit more flexibility in providing the parking pads. UDC, TEXT AMENDMENT ORDINANCE TO MODIFY AND CLEAN-UP CERTAIN SECTIONS - ZOA 10-002 Page 5 of 14 i may be enclosed or a minimum 10 foot by 20 foot parking pad 2 Dwelling, duplex and dwelling, single-family (detached, .attached, 1 2 per dwelling unit; at least 1 in an enclosed garage, other space may be enclosed or a minimum 10 foot by 20 foot parking pad townhouse) 2/3/4 4 per dwelling unit; at least 2 in an enclosed garage, other spaces may be enclosed or a minimum at4,w~+ ~ ~^^^^~ ~^?~^ - - -r.,..,... .. .y a X810 foot by 20 foot parking pad z 5+ 6 per dwelling unit; at least 3 in an enclosed garage, other spaces shall Abe enclosed or a minimum 10 foot by 20 foot parking pad -,o+,.,°°^ ~^^e~ ~^,+ 1 -~-per-~wellieg~nit As set forth Dwellin above for single-family dwellings g' secondary as determined by the total number of bedrooms on the rp opertY. Notes: 1.The size of the garage_or c by exterior dimensions and s arport required f hall be at least 1 or dwelling units shall be measured 0 feet by 20 feet fora 1 space garage or carport and 20 fee 2.The parking pad shall be m edge of paved travel lane (pu sidewalk exists. t by 20 feet fora easured from ge blic street, priva 2 space garage or carport. ~e~ase-te edge of sidewalk or te street, or alley) where no 11-3E TEMPORARY USE REQUIREMENTS 11-3E-2 APPLICABILITY: The regulations of this article shall apply to all temporary uses in all districts-~ +ho e.,,.o„+,,,„ +h.,+ +~ •~ M ,~.~ +-, + .• ~ ..~ ~ The purpose of the proposed amendment i t l if th ~ s s o c ar y e • process for accessory uses • and to address concerns " " related to normal . construction activities vs. > • those that become a de-facto ~ ~ ~ ~ ~ . they industrial use. We have moved the bulk of this section UDC TEXT AMENDMENT ORDINANCE TO MODIFY AND CLEAN-UP CERTAIN SECTIONS - ZOA 10-002 Page 6 of 14 „ ,,,,~;„e~~ to Title 3 Chapter 4 under the "'v~~~ ~ Outdoor sales and temporary uses section. The proposed amendments are noted at the end of this table. We have also fleshed out the allowed accessory uses within the specific use standards for education institutions in Cha ter 4. 11-3E-3 PROCESS AND STANDARDS: . See title 3, chapter 4 of this code for all additiegal procedures and standards. 11-3F PRIVATE STREET REQUIREMENTS PURPOSE: The regulations of this article are intended to provide better Council requested that staff 11-3F-1 circulation and safety within commercial, industrial, mew, aattmu/ti-family modify the code to allow developments and gated residential developments by establishing a clear limited gated communities emergency vehicle travel lane and private street name addressing for properties while still providing appropriate that do not have internal public roads. It is not the intent to approve private connections to the community streets for single-family, duplex and/or townhouse developments other than as set forth in the those that create a common mew through the site design or that propose a comprehensive plan and limited gated residential development. The applicability maybe extended where maintaining appropriate the director or fire marshal determines that private streets will enhance the access for the fire and police safety of the development. The fire marshal may require designation of a private departments. street within existing developments where it is in the best interest of the public safety and health to be able to better locate a given property in the event of an emergency. 11-3F-3 PROCESS: 3. Create a perpetual ingress/egress easement or a single platted lot for the rivate street to all ro ernes served b such rivate street; and STANDARDS: All private streets shall be designed and constructed to the 11-3F-4 following standards: A. Design Standards: 1. Easement: The private street shall be constructed on a perpetual ingresslegress easement or a single platted lot that provides access to all applisaf~le properties served by such private street In instances where the subject property is being subdivided the preference is that the private street be a lot within such subdivision. 2. Connection Point: The private street shall connect to a local or co{tector street. The private street shall not connect to an arterial street. Where the point of connection of the private street is to a public street, the private street connection shall be approved by the transportation authority. 4. Gates: Gates or other obstacles shall Abe allowed: subject to the following standards: a. The proposed development shall be for residential uses. b. The ro osed develo ment shall have no more than UDC TEXT AMENDMENT ORDINANCE TO MODIFY AND CLEAN-UP CERTAIN SECTIONS - ZOA 10-002 Page 7 of 14 fifty~501 dwelling units. c. The proposed development shall not restrict pedestrian and bicycle access along the private street The proposed development shall provide unrestricted access to pedestrians and bicycles at a minimum of two (2) additional points within the proposed development. d. The proposed development shall not restrict access to existing or planned multiuse pathways as shown in chapter 3 of the Meridian Pathways Master Plan. e. The applicant shall provide access to the sate for emeraency vehicles as determined and approved by the Meridian fire department and public works department. f. To allow sufficient stacking distance, the pate shall be located a minimum of fifty (50) feet back from the ultimate edge of right of way to the connecting public street. 5. Cul-de-sacs No private street that ends in a cul-de-sac or a dead end shall be longer than four hundred fifty feet (450'1. 6. Common Driveways: No common driveways shall be allowed off of a private street. 7. Street Network: The overall street network within the surrounding area shall allow for properties to connect at regular intervals in order to promote connected neighborhoods and traffic flow within the mile section. B. Construction Standards: 1. For conversion of an existing drive aisle facility to a private street at the direction of the fire marshal: 3. Alternative sCompliance: Upon recommendation of the city engineer and fire marshal, the director may approve, or recommend approval of alternative design or construction standards when the applicant can demonstrate that the proposed overall design meets or exceeds the intent of the required standards of this article and shall not be detrimental to the public health, safety, and welfare. 4. Non-conforming Private Streets: Existing private streets that are not consistent with the standards as set forth in this section shall bedeemed anon-conforming use. Applicants seeking to add additional lots andlor development accessing such private streets shall seek conditional use approval as set forth in 11-1 B-4A2 or improve the full length of the private street to meet the design and construction standards asset 11-3F-5 REQUIRED FINDINGS: In order to approve the application, the director shall find the following: D The proposed residential development (if applicable) is a mew or gated development. UDC TEXT AMENDMENT ORDINANCE TO MODIFY AND CLEAN-UP CERTAIN SECTIONS - ZOA 10-002 Page 8 of 14 11-3G COMMON OPEN SPACE AND SITE AMENITY REQUIREMENTS f th STANDARDS: ese The purpose o 11-3G-3 qualified Site Amenities: Qualified site amenities shall include, but not C amendments are to 1) , be limited to, the following: encourage developers to Quality of life amenities: 1 provide fiber optic services . within developments; 2) allow e. Picnic area; er business centers to meet f. Additional five percent (5%) open spacei- needs of telecommuting g Communication infrastructure meeting the following minimum workers and/or home standards two (2) conduits running side-by side to and through the occupations in the development each conduit being two inches (2") in diameter. The neighborhood; and 3) ~~licant shall be eligible for a second amenity where one (11 such encourage dog facilities within conduit includes a communication backbone with a minimum capacity neighborhoods. equivalent to a thirty-six (36) strand single mode fiber optic cable; h Dog owner facilities meeting the following minimum standards: (1) dog washing station with drain to sanitary sewer system and trash receptacles and baps for dog waste disposal or (2) fencing to enclose a minimum of 75 acres of open space for an off-leash dog park and trash receptacles and baps for dog waste disposal The open space shall count toward any required open space; or i Neighborhood business center meeting the following standards: (1) The area devoted to the business center shall not exceed one-thousand (1,000) square feet. JJ The business center shall provide access to high speed Internet, fiber optic cable or communication infrastructure and/or facilities with a minimum capacity equivalent to a thirty-six (36) strand single mode fiber optic cable. (3) The business center shall at a minimum provide work spaces for three people a meeting space for six people and access to printing facilities. The business center may be leased to a private entity for operation and maintenance however the property shall be owned by the owners association. (51 The business center operator may charge fees for use or membership, however members of the owners association should be given priority in use of the business center. 3. Pedestrian or bicycle circulation system amenities meeting the following These are just some cleanup requirements: amendments b. The system connects to existing or planned pedestrian or bicycle routes outside the development, as designated in the Meridian parrs depar~err~Ppathways Master Pplan; and c. The system is designed and cons~cted in accord with ado ted ci standards 11-4-3-12 DWELLING, SECONDARY: E. Parking: Required parking for the property shall be as set forth in Table 11- Change is consistent with 3C-6 for single-family dwellings as determined by the total number of bedrooms proposed change to UDC 11- on the propefir. 3C-6 above r~~~~+,~, ^+'~ The conversion of a covered arkin area ara a/ca ort into a UDC TEXT AMENDMENT ORDINANCE TO MODIFY AND CLEAN-UP CERTAIN SECTIONS - GUA I U-UUL Page 9 of 14 secondary dwelling unit is not allowed unless the required severed parking can be provided elsewhere on site. 11-4-3-13 DWELLING, SINGLE-FAMILY: Only one single-family dwelling shall be allowed per property. Within the light industrial district a single family dwelling shall be allowed only as an accessory use for the purpose of a caretaker dwelling to monitor and/or manage a ermitted or conditional/ allowed use. 11-4-3-14 EDUCATION INSTITUTION: A. Accessory uses: Accessory uses including, but not limited to, daycare The ro osed text chan e P p 9 does not represent a change facilities, spesia4 community events, community services, social services, curricular and extracurricular activities meeting facilities for clubs and in what is allowed for organizations, and school administration may be allowed. education institutions. Itjust 1 Communitv events shall include but are not limited to, events organized by pulls out & expounds upon uage currently found in the lan g an association of persons for a social literary political, educational or orary use section of the tem p recreational purpose. Communitv events shall not include retail or other services UDC that are customarily carried on as a business. . 2. Curricular or extracurricular activities at a education institution shall include anv sporting musical dramatic artistic fundraising or educational activities associated with anv group association or classroom of said education facilities. Curricular or extracurricular activities shall not include retail or other services of businesses not directly associated with the education facility. 3 When conducted within an existing structure and site modifications are not proposed and/or required allowed accessory uses do not require a certificate of zoning compliance. 4 Uses not deemed as an accessory use by the director shall require approval as a principal permitted or conditional use consistent with this title or as a temporary use consistent with title 3, chapter 4 of this code. 11-5A-2 DUTIES AND AUTHORITY: B5. Conduct public hearings and make decisions and recommendations based Other code in this section on the required findings and standards to the city council for applications in makes it clear that the accord with table 11-5A-2 of this section. Planning and Zoning Commission does make decisions on some applications, but this further clarifies the issue. 11-5A-5 PUBLIC HEARING PROCESS: Change reflects new address Size = CITY OF MERIDIAN PUBLIC HEARING NOTICE six inches (6") Meridian Planning and Zoning Commission Size = THE CITY OF MERIDIAN will hold a public hearing on two inches (2") January 1, 2001, at 7:00 p.m. at the Meridian City Hall (33 E. tdaheBroadwa ). Size = PURPOSE: Annexation and Zoning -You Name it Subdivision- Zoning R-4, Subdivision one and one-half Preliminary Plat, 7.66 acres, 29 lots, single-family dwelling, 1 lot open space/drainage inches (1.5") w/landscape entryway. UDC TEXT AMENDMENT ORDINANCE TO MODIFY AND CLEAN-UP CERTAIN SECTIONS - GVH 1 U-UUG Page 10 of 14 PROPERTY LOCATION: SW corner of Ustick Rd. and Linder Rd. APPLICATION BY: John and Jane Doe Contact a City Planner at 884-5533 with any questions. 11-5B-3 ANNEXATIONS AND REZONES: D. Standards: Council requested that staff The city may require a development agreement in conjunction with the 2 make all approvals consistent. . annexation or rezone pursuant to Idaho Code section 67-6511A. When Staff proposes two years. required, said development agreement shall be signed by the property owner and returned to the city within two (2l epe years of the city council granting annexation and/or rezone. F. Development Agreement: 3. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the eae two (21 year approval period. 11-56-5 ALTERNATIVE COMPLIANCE: TABLE 11-5B-5 This makes it consistent with ALTERNATIVE COMPLIANCE existing text in Chapter 2. Height maximum in TN-C distract ~ 11-2D-4 11-5B-6 CONDITIONAL USES: B. Applicability: The provisions of this section shall apply to: 4 Site modification activities not deemed a temporary use as set forth in Title 3 This amendment relates back section 3-4-3C9 of Meradian city code. to those proposed for E. Findings: The commission shall base its determination on the conditional use temporary uses. permit request upon the following: 9 Additional findings for the alteration or extension of a nonconforming use: Staff felt this section could a That the proposed nonconforming use does not encourage or set a precedent benefit from having some for additional nonconforming uses within the area; and direction on the purpose of the CU permit. b That the proposed nonconforming use is developed to a similar or greater level of conformity with the development standards as set forth in this title as compared to the level of development of the surrounding properties. 10 Additional findings for construction sand and gravel m~ireg: This also relates back to the a That the duration and intensity of the proposed mining activities are temporary uses. appropriately addressed in the conditions of approval; b That the environmental impacts of the proposed mining activities are appropriately addressed in the conditions of approval, including but not limited to dust groundwater safety stormwater runoff slope stability, and preservation of natural resources; UDC TEXT AMENDMENT ORDINANCE TO MODIFY AND CLEAN-UP CERTAIN SECTIONS - ZOA 10-002 Page 11 of 14 c That the noise impacts and hours of operation of the proposed mining activities are appropriately addressed in the conditions of approval; and d That timing and responsible party of implementing approved reclamation plans are appropriately addressed in the conditions of approval. F. Time Limitations And Extensions: 1. A conditional use permit, when granted, shall be valid for a maximum Council requested that all period of two (2) years ei^"+^"+°,er~t#s unless otherwise approved by approvals move to a the city. During this time, the applicant shall commence the use as Please consistent time frame permitted in accord with the conditions of approval, satisfy the requirements . note that phases are still at set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the one year. ground. 2. For conditional use permits that also require platting, the final plat must be signed by the City Engineer within this two 2 ear °~^"+°°^ ~1u\ m.,^~h period. 3• ~ This is a hold over from when • we had phased planned development applications approved as conditional uses. • The current code establishes the conditional use in the first 4. Upon written request and filing by the applicant prior to the termination of the phase. period in accord with subsection F1 of this section, the director may authorize a single extension of time to commence the use not to exceed one two 2 ear ei^"+^"+°:,er~t# period. Additional time extensions up to two (2) years °;^"+°°^ ~,Q\ m°^fhc as determined and approved by the commission may be granted. With all extensions, the director or commission may require the conditional use com I with the current rovisions of this cha ter. 11-56-7 COMPREHENSIVE PLAN AMENDMENTS: C. Process: State code changed recently 4. Amendments to the text component of the plan may be submitted at any to allow comprehensive plan map amendments at any time. time. Most planners in the Valley °~-°^~ ~:~ ~~\ mom. Amendments to the text of the comprehensive plan strongly opposed the amendment and we were able may be recommended by the commission consistent with section 11-5A-5 to get the state code to of this tithe. recognize that jurisdictions 54. The commission, prior to recommending the adoption, amendment, or could limit changes to every repeal of the comprehensive plan to the council, shall conduct at least one six months if they so desire. public hearing in accordance with article A, "General Provisions", of this This amendment keeps the chapter and in a~cco~e with the procedures in section 67-6509 of the intent of our original Idaho Code. amendment, but accommodates the new state code in that they now reference that the Planning Commission may "consider" projects every 6 months as 0 osed to makin a UDC TEXT AMENDMENT ORDINANCE TO MODIFY AND CLEAN-UP CERTAIN SECTIONS - ZOA 10-002 Page 12 of 14 "recommendation" every 6 months. 11-56-8 ADMINISTRATIVE DESIGN REVIEW: C. Process: Council requested that Staff 5. The administrative design review approval shall be exercised with the make all approvals the same approval period of the underlying permit or the approval shall expire. For length of time. example, if the underlying permit is a conditional use permit, the design review approval will expire two (2) years eig#+°°., /1 Al mnn+he after approval. 11-66-7 TERM OF PERMITS: A. Failure To Submit Final Plat: Approval of a preliminary plat, combined Council requested that Staff preliminary and final plat, or short plat shall become null and void if the make all approvals the same applicant fails to obtain the city engineer's signature on the final plat length of time. within two (2) years of the approval of the preliminary plat or eee-year of the combined preliminary and final plat or short plat. B. Phased Development: 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 signed by the city engineer within successive intervals of two (2) years eight°°er>tbs, may be considered for final approval without resubmission for preliminary plat approval. C. Authorize Extension: Upon written request and filing by the applicant prior to the termination of the period in accord with subsections A and B of this section, the director may authorize a single extension of time to obtain the city engineer's signature on the final plat not to exceed two 2 ears °i^"+°°° ~, Q\ m^^+"~. Additional time extensions up to two 2 nears °inh+e~°n /1R\ mnn+hc 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 this title. Section 2. That all other provisions of Title 11 as they relate to the Unified Development Code remain unchanged. 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) UDC TEXT AMENDMENT ORDINANCE TO MODIFY AND CLEAN-UP CERTAIN SECTIONS - ZOA 10-002 Page 13 of 14 reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect on ~J oye_nnhe „~- ~ 2010. PASSED by the City Council of the City of Meridian, Idaho, this ~ day of ~~m~~ ~ , 2010. APPROVED by the Mayor of the City of Meridian, Idaho, this ~ day of ~~~ ~ , 2010. APPROVED: ,s' TAMM ~ WEERD, MAYOR ATTEST: \\~~~~„~ ~, r~,,,,~,~,,,~ :,~•G,~~t OF MFR~d~~~. ~~'i JAYC . HOLMAN, CITY CLERK SEAL ,~ ~,. C' ~~ ,, O(INTY , ~~• UDC TEXT AMENDMENT ORDINANCE TO MODIFY AND CLEAN-UP CERTAIN SECTIONS - ZOA 10-002 Page 14 of 14 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO LC. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 10-~b~ AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING TITLE 11 OF THE MERIDIAN CITY CODE AS CODIFIED AT TITLE 11, ENTITLED THE UNIFIED DEVELOPMENT CODE, OF THE MERIDIAN CITY CODE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. The full text of this ordinan ~v~ill~c~~ir,inspection at City Hall, City of Meridian, 33 East Broadway, Meridian, Ida ;,~"~his:~~~~shall become effective upon its passage and publication. U *~` '' .._ ~: =. v is . . ~°t :-~ °~ .e Mayor City cil ' ~ ``'~ ` ~ ~;~ ~ ' -~~c .- By: Jaycee Holman, City '1~~ ~ ,~-~y „ ®>~ :.:~:.3 First Reading: 1~S~~ev~nb~/ ~i cZ~=CC~ 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. 10- I b3 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. 10- 1 ~fo3 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 ~~~ , 2010. ~• l/~ William. L.M. Nar City Attorney