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HomeMy WebLinkAbout2005-09-27l ' Revised 9-27-05 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, September 27, 2005 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho 1. Roll-call Attendance: X Shaun Wardle X Christine Donnell X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance: Boy Scout Troop 152 3. Community Invocation by Pastor Bud Henthorn, with Meridian Gospel Tabernacle: 4. Adoption of the Agenda: Approve As Amended 5. Consent Agenda: Approve A. Approve Minutes of August 23, 2005 City Council Regular Meeting: Approve B. Approve Minutes of August 30, 2005 City Council Special Meeting: Approve /C. Scope of Services for Water Division Building with BRS Architects: Approve ~ D. Eagle Road Waterline Abandonment Agreement with Civil Survey: Approve 6. Department Reports: A. Planning Department-Anna Canning ~. COMPASS Request for Updated Aerial Photograph: Approve Letter of Support B. Police Department -John Overton Meridian City Council Agenda -September 27, 2005 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation far disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 1 Revised 9-27-05 1. Staffing Request Change Enforcement Officers to Approve C. Mayors Office - two Part Time Code One Full Time Position: 1. Planning and Zoning Commission Appointments: 7. Items Moved from Consent Agenda: Nothing / 8. Tabled from September 20, 2005: FP 05-057 Request for Final Plat approval for 16 commercial building lots on 10.9 acres in a C-G zone for Dorado Subdivision by Kimball Properties, LLC -northwest corner of South Eagle Road and East Overland Road: Approve ~. FP 05-059 Final Plat approval of 3 commercial building lots on 1.8 acres in a C-G zone for Southern Springs Subdivision No. 3 by The Land Group, Inc. -southwest corner of East Overland Road and South Meridian Road: Approve ~ 10. FP 05-060 Final Plat approval for 43 single-family residential building lots, 1 school lot and 1 common area lot on 22.24 acres in a R-8 zone for Paramount Subdivision No. 10 by Paramount Development, Inc. -north of East McMillan Road and west of North Meridian Road: Approve '~11. FP 05-061 Final Plat approval for 39 single-family residential building lots and 1 common area lot on 9.45 acres in a R-8 zone for Paramount Subdivision No. 11 by Paramount Development, Inc. -north of East McMillan Road and west of North Meridian Road: Approve "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter." l/12. Continued Public Hearing from September 13, 2005: AZ 05-032 Request for Annexation and Zoning of .56 acres from R6 to L-O zone for West Carol Street Professional Center by James and Carrie Jewett - 1560 Carol Street: Approve Prepare Findings of Fact and Conclusions of Law for Approval '~ 13. Public Hearing: VAC 05-015 Request to Vacate City of Meridian water and sewer easements for Marce Subdivision by James R. Wylie - 3070 Fairview Avenue: Approve Findings of Fact and Conclusions of Law for Approval Meridian City Council Agenda -September 27, 2005 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the Cily Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 9-27-05 / 14. Public Hearing: PFP 05-004 Request for Preliminary Final Plat approval for 3 single family residential building lots and 1 common lot on 1.58 acres in a R-4 zone for Woodward Estates Subdivision by Cortland Walker - southwest corner of South Crestwood Drive and West 12`h Street: Approve Findings of Fact and Conclusions of Law for Approval 15. Public Hearing: CUP 05-040 Request for a Conditional Use Permit to modify the Conditions of Approval for CUP 03-050, in order to allow the existing building at 703 North Main Street to remain and to allow a public use in the O-T zone for Farmers. and Merchants State Bank by Farmers and Merchants State Bank - 703 North Main Street: Approve Prepare Findings of Fact and Conclusions of Law for Approval 16. Public Hearing: AZ 05-039 Request for Annexation and Zoning of 4.99 acres from RUT to R-8 zone for Pisa Place Subdivision by Howard Jenkins - 3893 South Locust Grove Road: Approve Findings of Fact and Conclusions of Law for Approval d 17. Public Hearing: PP 05-038 Request for Preliminary Plat approval of 16 single family residential building lots and 1 common area lot on 4.99 acres in a proposed R-8 zone for Pisa Place Subdivision by Howard Jenkins - 3893 South Locust Grove Road: Approve Findings of Fact and ~~ Conclusions of Law " 18. Public Hearing: MI 05-010 Request for a Miscellaneous application for approval for a sales trailer located in Redfeather Estates Subdivision No. 2 in an approved R-4 zone by Packard Estates Development, LLC - Lot 2, Block 3 of Redfeather Estates No. 2: Accept Withdraw) and Apply Fees 19. Ordinance No. 05-1185 RZ 05-009 Request for a Rezone of 4.53 acres from I-L to C-G zone for Porky Park Subdivision by VJ Joint Venture -south of Pine Street and east of North Eagle Road: Approve Meridian City Council Agenda -September 27, 2005 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 9-27-05 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, September 27, 2005 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho 1. Roll-call Attendance: Shaun Wardle ~ Christine Donnell Charlie R untree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: /ss~ fco-~.st 71-oep l SZ 3. Community Invocation by Pastor Bud Henthorn, with Meridian Gospel Tabernacle: 4. Adoption of the Agenda: ~/J~/Y ~ZI a~ri~~ 5. Consent Agenda: Gv~rr1W`-- A. Approve Minutes of August 23, 2005 City Council Regular Meeting: ~,~~yyr,~„~ B. Approve Minutes of August 30, 2005 City Council Special Meeting: a~vprav~ C. Scope of Services for Water Division Building with BRS Architects: G-p~yr,,,,c~ D. Eagle Road Waterline Abandonment Agreement with Civil Survey: li.~~ w 6. Department Reports: A. Planning Department -Anna Canning 1. COMPASS Reauest for Updated Aer a~~~ ..P~flin.o~fzp~vrt B. Police Department -John Overton 1. Staffing Request Change - two Part Time Code Enforcement Officers to One Full Time Position: b~~r+~n ~K Meridian City Council Agenda -September 27, 2005 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation far disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ~' --~-p - ( ( Revised 9-27-05 !- P t' z cam-- ~.~,,,,t,„,r„~r 7. Items Moved from Consent Agenda: n o~/27 )+~ 8. Tabled from September 20, 2005: FP 05-057 Request for Final Plat approval for 16 commercial building lots on 10.9 acres in a C-G zone for Dorado Subdivision by Kimball Properties, LLC -northwest corner of South Eagle Road and East Overland Road: ~,,,,o~ 9. FP 05-059 Final Plat approval of 3 commercial building lots on 1.8 acres in a C-G zone for Southern Springs Subdivision No. 3 by The Land Group, Inc. -southwest corner of East Overland Road and South Meridian Road: ~'iro cK' 10. FP 05-060 Final Plat approval for 43 single-family residential building lots, 1 school lot and 1 common area lot on 22.24 acres in a R-8 zone for Paramount Subdivision No. 10 by Paramount Development, Inc. -north of East McMillan Road and west of North Meridian Road: t.~krv~-<- 11. FP 05-061 Final Plat approval for 39 single-family residential building lots and 1 common area lot on 9.45 acres in a R-8 zone for Paramount Subdivision No. 11 by Paramount Development, Inc. -north of East McMillan Road and west of North Meridian Road: ~-~~^+~ `Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter." 12. Continued Public Hearing from September 13, 2005: AZ 05-032 Request for Annexation and Zoning of .5ti acres from R6 to L-O zone for West Carol Street Professional Center by James and Carrie Jewett - 1560 Carol Street:~~~ ~~~„~r~ ~/fit ~~~ ~~~r,^n/a~ 13. Public Hearing: VAC 05-015 Request to Vacate City of Meridian water and sewer easements for Marce Subdivision by James R. Wylie - 3070 Fairview Avenue: ~/,r,.,,t,,~ ,~lf'c%~ ,~iirw~-ir.~vr..C. 14. Public Hearing: PFP 05-004 Request for Preliminary Final Plat approval for 3 single family residential building lots and 1 common lot on 1.58 acres in a R-4 zone for Woodward Estates Subdivision by Cortland Walker - southwest corner of Souty~ Crestwood Drive and West 12th Street: ~jy~rnrr..~l<tc%f d~vv w/'jvt.ov.~-C 03-OSa 15. Public Hearing: CUP 05-040 Request for a Cond: " nal Use Permit to modify the Conditions of Approval for CUP In order to allow the existing building at 703 North Main Street to remain and to allow a public use in the O-T zone for Farmers and Merchants State Bank by Farmers and Merchants State B nk - 703 North M n St et ~ ~~ Merid City Council Ag nda -September 27, 2005 Page 2 of All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents andlor hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 9-27-05 16. Public Hearing: AZ 05-039 Request for Annexation and Zoning of 4.99 acres from RUT to R-8 zone for Pisa Place Subdivision by Howard Jenkins - 3893 South Locust Grove Road: ~p~vn~ rc ~/f ~ t /t ~.r-a~r/'/m2rr.C 17. Public Hearing: PP 05-038 Request for Preliminary Plat approval of 16 single family residential building lots and 1 common area lot on 4.99 acres in a proposed R-8 zone for Pisa Place Subdivision by Howard Jenkins - 3893 South Locust Grove Road: 18. Public Hearing: MI 05-010 Request for a Miscellaneous application for approval for a sales trailer located in Redfeather Estates Subdivision No. 2 in an approved R-4 zone by Packard Estates Development, LLC - Lot 2, Block 3 of Redfeather Estates No. 2: <ccaptairl2i R'vaw(t ~Cy ~ 19. Ordinance No. OS - I l S S RZ 05-009 Request for a Rezone of 4.53 acres from I-L to C-G zone for Porkv Park Subdivision by VJ Joint Venture -south of Pine Street and east of North Eagle Road: ci~jlrpy~c- Meridian City Council Agenda -September 27, 2005 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the Ciry Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian Citv Council Meeting September 27, 2005 The regular meeting of the Meridian City Council was called to order at 7:02 P.M., Tuesday, September 27, 2005, by Mayor Tammy de Weerd. Members Present: Tammy de Weerd, Keith Bird, Shaun Wardle, Charlie Rountree and Christine Donnell. Others Present: Ted Baird, Anna Canning, Len Grady, John Overton, Ron Anderson, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X Shaun Wardle X Christine Donnell X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: I will go ahead and open up the regular meeting for City Council. It's Tuesday, September 27th. It's 7:02. Welcome to our meeting tonight. And we will start with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Thank you. Tonight we will be led in the pledge by Troop 122. If you will come forward, boys, and if you will all rise. (Pledge of Allegiance recited.) Item 3: Community Invocation by Pastor Bud Henthorn with Meridian Gospel Tabernacle. De Weerd: Thank you, guys. I do have pins for you. They are City of Meridian pins. And I'd like to thank you for joining us tonight. Good luck with your badge. Thank you. Okay. Item No. 3 is our community invocation. If you will all join us in the community invocation or take this as an opportunity for a moment of silence. We will be led today by Pastor Bud Henthorn with the Meridian Gospel Tabernacle. See, you had me so fluster I thought I was going to have to do this. Henthorn: Anybody can do my job. No. Really. That's -- we believe that with all our hearts. That is the foundation of what the church is all about, is that anybody can approach the throne of God, but not everybody can be the mayor of the city or the city council, so -- Father, we are so grateful tonight for the ability to come boldly into your presence, to know that here we will find your love and your grace, that we will find your embrace. God, we have so much to be thankful for. You have been so good. You have been so kind. We thank you, Lord, for these young men that have come and led Meridian City Council September 27, 2005 Page 2 of 32 us in the pledge of allegiance tonight and their commitment to scouting and to their program. God, we thank you for them. We thank you for the amazing young people that are in this community. We are grateful for them. We thank you, Lord, for our own children and we could go on and on and on about all the good things that you have brought into our lives. For now, Father, let us simply ask that you would forgive us for the very breath that was used for something other than declaring your praise. We ask now, Father, that your blessing and your order, that your authority and your wisdom would prevail in this room this evening, as we turn our thoughts and our attentions toward doing what's best for this incredible community that you have put us in, given us leadership in. We ask it in Jesus' name, amen. Item 4: Adoption of the Agenda: De Weerd: Thank you. Okay. Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We do have an addition. Under Department Reports, Item C, from the Mayor. We have the appointment of the Planning and Zoning Commission. And Item No. 19 on the regular agenda, our ordinance number is 05-1185. And with that I move that we adopt the agenda as revised. Rountree: Second. De Weerd: Okay. Motion is to approve the agenda as amended. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of August 23, 2005 City Council Regular Meeting: B. Approve Minutes of August 30, 2005 City Council Special Meeting: C. Scope of Services for Water Division Buildina with BRS Architects: D. Eaale Road Waterline Abandonment Aareement with Civil Survey: De Weerd: Item 5. Consent Agenda. Meridian City Council September 27, 2005 Page 3 of 32 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we approve the Consent Agenda as published and for the Mayor to sign and the Clerk to attest on all proper papers. Rountree: Second. De Weerd: Okay. The motion is to approve the Consent Agenda. If there is no further discussion, Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Planning Department -Anna Canning 1. COMPASS Reauest for Undated Aerial Photoaraph: De Weerd: Thank you. Item 6, Department Reports. We will start with the planning department. Anna. Canning: Madam Mayor, Members of the Council, in your packet you have received a letter addressed to Mr. Matt Stoll. It's very simple. All they are asking for is permission to spend 15,000 dollats on some updated aerial photographs. They have already got the money budgeted for aerial photographs. They decided not to get a comprehensive new update and they put that off until 2007. But, in the interim, they wanted. to purchase these at a much reduced rate. Now, they are not as high as quality as the ones that we will get in 2007, but they will provide a useful service. So, all they are asking is that because they can't run it by the Compass board, that the city send a letter stating they are in support of Compass using those funds for those aerial photographs. De Weerd: Okay. Council, any questions? Bird: I have none, Mayor. De Weerd: Do you need a motion? Canning: I'm getting nods yes. De Weerd: Then do I have a motion? Wardle: Madam Mayor? Meridian City Council September 27, 2005 Page 4 of 32 De Weerd: Mr. Wardle. Wardle: I move that we authorize the planning director to draft a letter to Compass in our support for the updated aerial photographs. Bird: Second. De Weerd: Okay. The motion is to approve the request from the planning department. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. B. Police Department -John Overton 1. Staffing Request Change - two Part Time Code Enforcement Officers to One Full Time Position: De Weerd: Okay. Item B. Captain Overton. Overton: Madam Mayor, Members of the Council, I come before you tonight with a request for a staffing request change within our code enforcement section of the police department. Recently we had one of our two part-time code enforcement officers retire. Within a few weeks after that our second part-time code enforcement officer retired, leaving us two part-time openings. At that time we looked very seriously at what the costs would be to replace that position with afull-time position with full benefit package, versus the two part-time employees. My calculation showed it would be -- it would cost us about another 600 dollars to bring on a full-time code enforcement officer, because of the difference in the hourly rate between what we were paying the part times and the full times. I received an a-mail from Reta in Finance and I like her calculation even better. De Weerd: I do, too. Overton: Reta says we will actually save 1,700 dollars by moving to a full-time position with benefits, versus the part time. Our main emphasis for doing this, of course, is it allows us a lot more consistency in the scheduling and assignment of duties and responsibilities and, quite honestly, we can attract a much larger and better candidate pool when we are dealing with full-time employees and benefits. And I'd stand for any questions on that. De Weerd: Captain, have you thought about how to distribute the workload and the areas of focus? I certainly know that this Council has had a lot of concern about signage and enforcement. Have you taken a look at the structure and looked at how duties would be allocated? Meridian City Council September 27, 2005 Page 5 of 32 Overton: Madam Mayor, Members of the Council, I haven't gotten to the point yet to decide how those would be distributed. A lot of that would depend, probably, on the qualifications and expertise of our next employee and what areas they may be strongest in. I do know -- and I just had this done for me yesterday -- that we are seeing a really sharp increase in the number of code enforcement violations we are dealing with, to the point that between January and May we were dealing with over 1,100 illegal signs and 201 abandoned vehicles. And those numbers are just continuing to climb on us. And that's only for the first five months of this year. So, a lot of that will be decided after we get a third employee on board and decide which area of expertise they work the best in and how we want to divide that city up and assign those duties out. De Weerd: Do you have an idea of the time frame that it takes in going out and recruiting and hiring? Overton: Madam Mayor, Members of the Council, the good news is it doesn't take as long as it does to hire a police officer. De Weerd: That is good news. Council, any questions? Rountree: I think it's a good idea. Bird: I think it's a great idea. De Weerd: All we would need, then, is authorization to add an FTE and I would need a motion for that. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I would move that we recommend approval of the request from the police department to add one full-time employee, instead of the two part-time employees for code enforcement that were approved during the budget cycle. Donnell: Second. De Weerd: Okay. The motion is to approve the request to convert the two part time into one full time. Mr. Berg, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. C: Mayor -Reappointment of Planning and Zoning Commission: Meridian City Council September 27, 2005 Page 6 of 32 De Weerd: Thank you. Okay. Item C. In front of you you do have a list of our Planning and Zoning Commissioners and what the reappointment dates would be to. Are there any questions? Bird: I have none. Donnell: No. De Weerd: I was going to put this on the agenda next week and list it by name, but since they have a meeting on Monday, I thought we better get it done. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we approve the appointments to the Planning and Zoning Commission -- or the reappointment as of October 1st, 2005, for Keith Borup, expires January '07. Dave Zaremba, expires January '09. Wendy Newton-Huckabay, expires January 2010. And David Moe expires January '09. And Michael Rohm expires January'08. Rountree: Second. De Weerd: Okay. The motion is to approve the appointments of the planning -- or reappointments of the planning commission. If there is no further discussion, Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 7: Items Moved from Consent Agenda: De Weerd: Thank you. I will be bringing the parks commission reappointments next week. Item 7. There were no items moved from the Consent Agenda. Item 8: Tabled from September 20, 2005: FP 05-057 Request for Final Plat approval for 16 commercial building lots on 10.9 acres in a C-G zone for Dorado Subdivision by Kimball Properties, LLC -northwest corner of South Eagle Road and East Overland Road: Item 9: FP 05-059 Final Plat approval of 3 commercial building lots on 1.8 acres in a C-G zone for Southern Springs Subdivision No. 3 by The Land Group, Inc. -southwest corner of East Overland Road and South Meridian Road: Meridian Cily Council September 27, 2005 Page 7 of 32 Item 10: FP 05-060 Final Plat approval for 43 single-family residential building lots, 1 school lot and 1 common area lot on 22.24 acres in a R-8 zone for Paramount Subdivision No. 10 by Paramount Development, Inc. - north of East McMillan Road and west of North Meridian Road: Item 11: FP 05-061 Final Plat approval for 39 single-family residential building lots and 1 common area lot on 9.45 acres in a R-8 zone for Paramount Subdivision No. 11 by Paramount Development, Inc. -north of East McMillan Road and west of North Meridian Road: De Weerd: So, we will move to Item 8. Anna, on Items 8, 9, 10 and 11, are there -- are there agreements on each of these items or do we need to separate them out? Canning: Madam Mayor, we have agreements on each of those items. De Weerd: Okay. Council. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve FP 05-057, FP 05-059, FP 05-060, and FP 05-061. Rountree: Second. De Weerd: Okay. Motion to approve Items 8 through 11. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 12: Continued Public Hearing from September 13, 2005: AZ 05-032 Request for Annexation and Zoning of .56 acres from R6 to L-O zone for West Carol Street Professional Center by James and Carrie Jewett - 1560 Carol Street: De Weerd: Thank you. Item 12 is a continued Public Hearing from September 13th. I will go ahead and reopen this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, just to give you a brief update. As I understand it, the applicant did conduct a neighborhood meeting. Two of the neighbors were able to attend. At that meeting they decided that to install aseven-foot cinder block wall on the west property line and the applicant had also previously committed to moving arborvitae from the east property line over to the west. Some of them will be on the north and he will put some to the west as well. And there is a change in the house style. These are the proposed elevations. The Council's direction was to make it more Meridian Cily Council September 27, 2005 Page 8 of 32 -- look more like a house than it had previously been shown. And we have some floor plans. Oh. And there is the other elevations. And there was also an update from ACHD on some of the traffic concerns and I will let them go ahead and discuss that with you. I believe Bruce Mills is going to speak to that topic tonight. Staff will answer any questions. De Weerd: Okay. Council, any questions for staff? Bird: I have none. Rountree: I have none. De Weerd: Is the applicant here? If you will, please, state your name and address for the record. Jewett: Carrie Jewett. 1820 East Bowstring Lane, Idaho. De Weerd: Thank you. Jewett: First of all, Madam Mayor and Council men and woman, Jim wanted me to apologize. He did not realize that he was already scheduled for another city meeting tonight and he wanted me to reiterate or really let you guys know -- I'm not used to this, as you can tell. If you want to table this until the end of the evening, he should be able to get here. However, I think in meeting with the neighbors -- I don't want to speak for them. I think we have done everything that you asked of us and the neighbors seemed pleased -- as pleased as they could be for having it still be an L-O. So, in my opinion -- I'm hoping we can get through it, but if you feel like we need to table it until later in the evening, Jim wanted me to make sure that you had that option or -- so, I guess I just -- De Weerd: Okay. Well, we will see -- Council, do you have any questions? Rountree: I have none right now. Donnell: No. Bird: I don't, Mayor. I'd just state that if -- at the end if we -- if she feels when she comes back for a rebuttal that we need to hold off in that and she could do that. Jewett: Okay. I can go through -- do you want me to go through it real quick? De Weerd: Yes. Jewett: Okay. As Anna stated up on here, we did meet with the neighbors. We actually met outside when we last -- with the neighbors that were here to set up an evening and to discuss some of the changes that they would like to see and a lot of it was they wanted the office space to look more residential. They didn't want the metal Meridian City Council September 27, 2005 Page 9 of 32 roof. They were worried about lighting and different issues of such. So, we addressed those -- Anna, can you put the new rendering up? We changed the floor plan -- or the elevation, which is quite a bit different -- if you have in your packet from the previous one, which this, to me, still looks very residential and not like an office space. There were other concerns, but was the lighting, because of the other neighbors -- commercial neighbors that have hindered them. We have told them that we will be putting the lighting in the eaves that will shine down with what you have very similar out here and I'm sure code will want us to have a small post at the entrance of the driveway, like you see at homes in the driveways. But we assured them that there would be no tall posts with lights that would be hindering them. We suggested a different type of fence, just as an on option, and they said, no, they wanted a concrete fence and we had absolutely no problem with that. We will bring it out to -- I believe we can go 20 feet and, then, step down to three feet out to the sidewalk. Jim did speak with ACHD and Bruce is here to explain what they have agreed to do and I don't know if it's a one hundred percent fix for the neighbors, I know it's a huge step forward. I was just able to see it out there. It is going to prevent some left-hand turns and a lot of backing up along -- north on Locust Grove. So, it's been -- and left-hand turns out of Wal-Mart. So, I will let Bruce address that. With that, I will stand for any questions that you have right now, as, again, we -- I spoke -- I think we have come to a pretty good agreement. But I will let them speak for themselves. De Weerd: Okay. Thank you. Any questions, Council? Bird: I have none. Rountree: I have none. De Weerd: Okay. Thank you. Is there anyone who would like to provide testimony? Bruce, probably you should come and explain the traffic mitigation. Mills: Thank you, Madam Mayor and Council members. Bruce Mills, Ada County Highway District. I thought I should probably get up first, just so I can explain to the neighbors what we have planned. Our traffic department gave me this little sketch. It's not exactly what you call high tech engineering, but in any event, we are looking -- see if I can get this thing to work. We are going to put a center curb median here and more of a bulb out there, which will prevent people from coming south and right now, as I understand it, they are stacked and they are staying in this lane forever as they head south. So, we are going to actually put a bulb there. This will prevent left turns out of Walgreens and also left turns in, so it will eliminate a conflict with somebody turning left out of here and people turning left out of here, which we feel is going to be a good interim fix. Whether it will be the final fix remains to be seen. It will still allow left turns in and out of Carol and the Fred Meyer area. But for now we feel this will be a good fix and our traffic department said that they intend to install this very soon. So, I'll stand for questions. De Weerd: Council, any questions? l Meridian City Council September 27, 2005 Page 10 of 32 Donnell: Yes. Madam Mayor? De Weerd: Mrs. Donnell. Donnell: Mr. Mills, would you -- just a point of reference. The large roof is Fred Meyer? Or is that -- Mills: This is Walgreens. It's north going up this way. Fairview is just down here. Fred Meyer is over in this area. Donnell: Okay. Thank you. I was just turned around. Thank you. De Weerd: Is there any testimony from the neighbors? If you will, please, state your name and address. McRoberts: Jennifer McRoberts. 1490 Carol Street. De Weerd: Thank you. McRoberts: Madam Mayor and Council Members. Carrie and Jim Jewett did have our meeting and they did address all of our concerns that we had, in addition to the ACHD, which wasn't part of their primary concerns, but they did understand our concern there, and we appreciate that. As neighbors our first thing -- our goal was stated in our petitions and our letters is not to have a business there. But if the Council so chooses to give an okay to this, they have made it so that we -- it's something that we could live with. De Weerd: Okay. McRoberts: And I did want to question on the ACHD testimony, are they going to have a designated turn lane there or is it just going to -- you know, is the curbing going to go up, so it's designated left-hand turn lane. It will block that? It didn't look like you were going to do that. De Weerd: Okay. We will ask him to clarify that. Thank you. Thanks, Bruce. Mills: So, let me understand. Are you asking is it going to be designating a left lane here at this intersection? I'm sorry, but I don't know the answer to that. It would be an awful short distance from here to be able to put a designated left turn lane in. My guess is that at the present time they will probably just put this median in first and see how it functions and after that, if they can stripe in a left turn lane, the taper will be very short going from here to there, but it's something we'd look at on an as-needed basis. De Weerd: Isn't there a middle turn lane there right now? Yeah. I thought there was a painted one. r I Meridian Cily Council September 27, 2005 Page 11 of 32 Mills: Is there a left turn lane there now? If that's the case, we are probably just re- striping what we have there. De Weerd: Okay. Mills: It may very well be that we are just behind in this area in striping. I don't know. De Weerd: Yeah. I think there is a middle turn lane. Okay. Mills: Well, they know more than I do, so I'm not much help up here. De Weerd: Well, we are glad you came up and winged it. Mills: Thank you. De Weerd: So, that middle turn lane will not go away. They will keep that. They will just run the curbing up. Just to prohibit the left turn movement out of Walgreens, so -- okay. Any further testimony? Would you like any final word? Jewett: I'm Carrie Jewett. 1820 East Bowstring, Meridian, Idaho. I would just like to thank the Council members and the neighbors also for working with us. We do this on a daily basis and some of them are easy and some are a little more challenging and this one -- it started out a little more challenging for me when I went to change the CC&Rs, but it ended up I thought very nice and I think we will make good neighbors and I just really appreciate everyone wanting us to step back and to take the time to work together. De Weerd: Thank you. Okay. Canning: Madam Mayor? De Weerd: Yes. Canning: I did want to point out you don't have Findings. Craig wanted to know what your action was before he prepared the Findings, so -- De Weerd: Okay. Thank you. Okay. Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Hearing no more discussion, I guess nobody else wants to testify, I move we close the Public Hearing on AZ 05-032. Meridian City Council September 27, 2005 Page 12 of 32 Rountree: Second. Donnell: Second. De Weerd: Okay. Motion to close the Public Hearing on Item 12. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Do we have any discussion or do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I have got a statement. This development is doing something that -- I believe when we approved Walgreens a few years back, there wasn't supposed to be any left- hand turns out of that originally and this way we are going to stop that at least. We are finally getting them in compliance with what we had approved. So, at least -- I believe that my way I thinking, I think that the Jewetts have went out, met with the homeowners, and I think they are pleasing them as much as they can. Made it at least look like a residential building. I don't believe that that type of office is going to create that much more traffic in that corner, really, but I do appreciate that, that they were willing to work with the neighbors and stuff. I think it's as good a project as we can get there on that corner. And it does stop the left-hand turns out of Walgreens before somebody got killed. De Weerd: Okay. Any other comments? Okay. Do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Let me get my glasses on so I can read. I move that we approve AZ 05-032, the request for annexation and zoning of .56 acres from R-6 to L-O zone for the West Carol Street Professional Center and to find -- and to draw up the Findings of Facts and Conclusions of Law, including all staff, applicant, and public testimony, with all agreements made by the applicant as far as fencing, the design, roofing material, and include ACHD comments. Rountree: Second. De Weerd: Okay. A motion to approve the application. Have we provided all the clarity staff needs to prepare Findings? l Meridian City Council September 27, 2005 Page 13 of 32 Canning: Madam Mayor, Members of the Council, if Councilmember Bird could explain a little bit what he meant by the ACHD comments. Did you want them included as conditions orjust as comments? Bird: No. I want them as conditions, because that's part of the traffic calmer coming down there. That would be my -- and I would think that we can legally do, can't we, in Findings? Maybe it's not in our realm to do that, beings how it's a street thing, but -- Canning: I'm not sure that we can condition approval on ACHD performing a work task off site. Bird: Okay. Then I have to withdraw that part. Canning: Okay. Bird: We will just take it for Mr: Mills' statement. De Weerd: On the word of ACHD. Bird: On the word of ACHD. De Weerd: And we heard him swear. Bird: I didn't know whether we could legally do that or not. I was hoping we could, but - De Weerd: Mr. Rountree. Rountree: Madam Mayor, since I was the one who sent the folks out the door and instructed them to get together, I want to thank the Jewetts and the neighbors for coming together in a group that doesn't often get thanked, but, Mr. Mills, thank you for ACHD becoming part of that, because you, in fact, are a part of the solution. But thank you. Bird: I will echo that. De Weerd: Is there any need to clarify the outstanding issue that was discussed on the 13th on the 20 foot wide landscape buffer to the north? Canning: You're right, Madam Mayor. I forgot that that was an issue. Just a moment. The Council needs clarify -- De Weerd: Anna, what was staff's recommendation on that? Canning: That they have a ten foot buffer. So, Council just needs to clarify that that's okay. Meridian City Council September 27, 2005 Page 14 of 32 Bird: The motion maker says that is fine. Rountree: Second agrees. Bird: The second agrees. De Weerd: Okay. Okay. If there is no further discussion or clarification needed, Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 13: Public Hearing: VAC 05-015 Request to Vacate City of Meridian water and sewer easements for Marce Subdivision by James R. Wylie - 3070 Fairview Avenue: De Weerd: Thank you. And I would like to encourage the Jewetts to stay involved in the homeowners association as a vehicle to keep the open dialogue and, again, to thank both sides of this for communicating and working through and finding a compromise. We appreciate your time. Okay. Item 13 is Public Hearing VAC 05-015. I will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, the applicant his requesting that the city allow them to vacate water and sewer easements that were recorded as part of the Krispy Kreme Subdivision. This has recently been re-subdivided as Marce Subdivision, but the old easements and plat notes were still there, so we are just asking to vacate those easements. The Planning and Zoning Commission has recommended approval at their September 1st, 2005, hearing. There were no key issues of discussion and no outstanding issues before Council and just to let you know, this should be one of the last ones you see. These will no longer come before the City Council. De Weerd: Okay. Thank you, Anna. Would the applicant like to make comment? Okay. In agreement with staff comments. Thank you. Okay. The applicant is in agreement with the staff report. Are there any questions or information requested from Council? Bird: I have none, Mayor. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Seeing no further comment, I move that we close the Public Hearing on Item 13. Meridian City Council September 27, 2005 Page 15 of 32 Donnell: Second. De Weerd: Okay. Motion to close the Public Hearing on Item 13. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Do I have a motion? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move we approve Item 13, VAC 05-015, and to approve the Findings. Donnell: Second. De Weerd: Okay. The motion is to approve Item 13. If there is no discussion, Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 14: Public Hearing: PFP 05-004 Request for Preliminary Final Plat approval for 3 single family residential building lots and 1 common lot on 1.58 acres in a R-4 zone for Woodward Estates Subdivision by Cortland Walker - southwest corner of South Crestwood Drive and West 12th Street: De Weerd: Item 14 is Public Hearing PFP 05-004. I will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is Woodward Estates and the application is at the southwest corner of Crestwood Drive and 12th. And for the life of me today I couldn't figure out whether it was 12th Street or 12th Avenue, in all honesty. But the application is before -- that is before you is for a combined preliminary and final plat. As you can see, the existing site is vacant up toward Crestwood and, then there is an RV storage on the southern portion of the property. The applicant is proposing three single-family residential lots on the north end of the property and, then, the remainder of the property will be platted as one lot. It's a common lot for the Central Valley Homeowners Association, which is on the east side of the road. The gross residential density is 1.89 units per acre. That's the net as well, because there are no streets. And as I mentioned before, the other lot is an RV storage lot. The Planning and Zoning Commission recommended approval at their September 1st hearing. Cortland Walker spoke in favor of the application and Corey Makizuru from Central Valley Homeowners Meridian City Council September 27, 2005 Page 16 of 32 Association commented on the application and he mostly answered questions about the irrigation. That was one of the major issues of discussion. You can kind of see right here there is an island in 12th Street that currently has not had vegetation or at least live vegetation in it. The pressurized irrigation has been out for a number of years, so they have not been able to maintain it. So, that was -- the status and ownership of that landscape island was a topic of discussion, as well as the maintenance of the RV storage common lot. But there were no changes to staff's initial recommendation. And to our knowledge there are no outstanding issues before Council. I'll answer any questions you may have. De Weerd: Council, do you have any questions for staff? Bird: I have none, Mayor. Rountree: I have none. De Weerd: Okay. Is the applicant here this evening? If you will, please, state your name and address for the record. Walker: Cortland Walker, 1500 South Heidi Place in Meridian. De Weerd: Thank you. Walker: Yeah. There was someone else that tried to develop this before a couple of years ago and had some health problems and the family asked if I would take it over. So, we just ask that we be able to change that into three residential lots and the big concern with it was the median there, which in the comment from Ada County Highway District, they were hoping it would go away, but they say they don't have any funds to do it, so I will probably take that on myself, to just to move that concrete thing down the middle and pour some blacktop in there. So, other than that, you know, what else would you like to know? De Weerd: Okay. Council, do you have any questions for the applicant? Bird: I have none, Mayor. Walker: It's just been a really ugly corner for a number of years and I thought that we could put some, you know, 1,500 square foot homes in there and -- which is larger than a lot of the homes down along the Crestwood and the Crestwood Estates Subdivision. And it would really add to it, rather than --and just get rid of any ugly spot. De Weerd: Okay. Well, thank you. Is there anyone that would like to testify on this application? Okay. Seeing none -- Wardle: Madam Mayor? Meridian City Council September 27, 2005 Page 17 of 32 De Weerd: Mr. Wardle. Wardle: Hearing no further testimony, I would move that we close the- Public Hearing on Item 14. Donnell: Second. De Weerd: Okay. Motion to close the Public Hearing on Item 14. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: I would move that we approve Item 14, PFP 05-004 on Woodward Estates Subdivision to include applicant comments to approve the Findings. Donnell: Second. De Weerd: Okay. The motion is to approve Item 14. If there is no further discussion, Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 15: Public Hearing: CUP 05-040 Request for a Conditional Use Permit to modify the Conditions of Approval for CUP 05-030, in order to allow the existing building at 703 North Main Street to remain and to allow a public use in the O-T zone for Farmers and Merchants State Bank by Farmers and Merchants State Bank - 703 North Main Street: De Weerd: Okay. Item 15 is a Public Hearing CUP 05-040 and I must make comment. It's always nice to see the high school students here. You know, we almost have to pay your government teachers to give you extra credit to have you come and sit through this, but always glad to see you. I will open the Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is a request for a conditional use approval for the Farmers and Merchants State Bank, the former offices that are still on the same lot as the current new offices. The location is 703 Main Street, which is at the corner of Main and Broadway, as you know. The existing structure is shown in this aerial and, as you know, the -- much of the rest of this has changed. This is the site plan. You can see how the new building would work with the parking layout of the old. The current structure is 3,981 square feet and we are just talking about the one Meridian City Council September 27, 2005 Page 18 of 32 structure. The issue that's before you tonight is -- was originally two fold and it's kind of whittled its way down to one. The original request was to allow public use, specifically City of Meridian use of that structure. As of the 15th that is now an allowed use in that structure and does not necessarily require the conditional use approval. However, there is a condition of approval for the new Farmers and Merchants State Bank that addressed this structure and what that says is the applicant shall remove the existing Farmers and Merchants State Bank building upon occupancy of the new building facility. We have delayed that so that we can get this before you and the question before you tonight is whether or not you will remove that as a condition of approval for the new bank. Planning and Zoning Commission did recommend approval and there was one person commenting and that was Mark Stewart from the Washington Federal Bank and that is the one just to the north of the existing structure. The key issues of discussion were the drive-thru access from Main Street through here and access to the Washington Federal parking lot for vehicular circulation. And related to those two issues they did add two conditions of approval. One was to place a bench or a planter at either end of the drive-thru aisle, so that people wouldn't continue to use that drive- thru aisle coming off Main Street and the other condition was to enter into across- access agreement with Washington Federal and, then, the existing curb located on the north property line, specifically here where it joins their parking lot, would be removed at Washington Federal's expense. So, Washington Federal agreed that -- to remove that and what that allows them to do -- you can see they have angled parking. Right now they can't really get out very effectively and this would allow them to come through and gain access to Broadway or to loop around and go back out the alley. So, to our knowledge there are no outstanding issues before Council and I will answer any questions. De Weerd: Anna, did they give a date certain that extended the condition of removing this building, that it would be removed at a certain time? Canning: No. At this point we are just recommending that the condition be removed. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Anna, in our current code what would be parking requirements for -- did you say 3,900 square feet of office? Canning: I will have to look that up. Give me just a moment. Wardle: Okay. Canning: Madam Mayor, Members of the Council, Councilman Wardle, the -- for the entire site -- so including the new facility, it would require 83 parking lots or spaces. The property was granted a parking variance for 46 on-site spaces and 13 off-site parking spaces. So, that's a total of 59. Meridian City Council September 27, 2005 Page 19 of 32 Wardle: Thank you. Canning: And that's -- yeah, that's under the new code. Wardle: Madam Mayor, follow up? De Weerd: Okay. Wardle: Anna, not necessarily under the new code, but it was approved with the variance under our old code; right? Canning: The variance was approved under the old code, but the 83 parking requirement is under the new code, I believe. Wardle: Thank you. De Weerd: Okay. Any further questions? Is there anyone who would like to provide testimony on this application? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I do have a question for legal. I don't know -- is there any way, once that building is not being leased or used out, is there any way that we can make sure it comes down? Because they were the ones that asked to have it removed when we approved the new building. So, is there some stipulation we need to get in this or does that come sometime later? Mr. Baird? De Weerd: Mr. Baird. Baird: Madam Mayor, Members of the Council, Councilmember Bird, you can certainly -- if it is your desire to revisit the question of whether the building stays or whether the building comes down and the plaza gets built, you can tie that to a certain event and the one event that this Council will know is when the current tenant loses its lease. So, I would suggest that as the time frame -- not saying, necessarily, that you will require the building to be removed, but to give you the opportunity to review the situation once again. So it is, in effect, putting a time limit on the CUP. And as I'm saying this, I want to confer with the planning department as well to make sure this doesn't create an administrative problem for them. I think we can workout something similar to what I have last said, but if we could have the opportunity to hear from Director Canning, it might help us find the right solution. Canning: Madam Mayor, Members of the Council, I think we have done sunset clauses on conditional use permits before, where you have just revisited them to make a ~ ~_ Meridian City Council f September 27, 2005 Page 20 of 32 decision as to whether you want something to continue or go. So, I'm sure we could craft something that would work in this instance. De Weerd: Well, certainly, when this proposal was brought in front of Council it was the intent of being temporary in nature and that it would -- the building would still be removed, so that the plaza would be constructed. And so I would hope that that intent would remain as well. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I got a follow up here, then. Which CUP would we refer to? It would be the original CUP, wouldn't it, Anna, that we would want to revisit, the one that stated the tear down within a certain time? Canning: Yes, sir. And that's 03-050. Bird: 050? Canning: This is basically a modification to that, but we have given it a new number. Baird: Madam Mayor, Members of the Council, I want to make sure -- do we have a misprint in the current agenda that refers to approval of CUP 05-030? Canning: Yes, there is. Baird: It is 03-050? Canning: Yes. Baird: Okay. Let's make that change for the record, so that we are clear. In the second line of agenda Item 15, referring to CUP, should read calendar year '03. The CUP number is 050. De Weerd: Okay. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Just a suggestion that if we condition -- and certainly I agree that the applicant brought this forward with the intent of having a plaza and thought it would benefit their project. My suggestion would be to allow that applicant some time to be able to plan for that, to have the building torn down and to have that reconstructed and I would say that certainly a 12 month time frame would be enough time for that to happen and would ~~ Meridian Cily Council September 27, 2005 Page 21 oF32 recommend that -- depending on how legal staff crafts, that potentially it would be 12 months from the termination of the lease. De Weerd: Mr. Baird, does that work? Baird: Madam Mayor, Members of the Council, I think I have actually heard two possible proposals tonight. One, the first question was can this issue come back to you for consideration on whether the building comes or goes. What Councilmember Wardle seems to be discussing is the possibility of putting this on automatic pilot that as soon as the lease or any extension thereof ends, that they would have 12 months to remove the building. You can go either way. We can craft it either way. The decision is yours to make. De Weerd: Okay. Thank you. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: A comment on that. This actually was proposed by the developer and the bank originally, to remove the building and construct a plaza. To the city's benefit they have agreed to allow the building to stay and be occupied by the city. It seems somewhat unfair to me that the city would, then, hold them responsible for the plaza in the future at the increased inflated cost of building that plaza some two years from now. Though I believe they probably would agree to that, given the nominal fees that they are charging for rental space, it seems to be somewhat of an injustice there. I don't know how we get around that legally. But they are, in fact, doing this deal to benefit the city and we ought to recognize that. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: And I agree, Mr. Rountree. The question that Ihave -- and I don't remember from the original application. Was this property to, essentially, become part of the downtown streetscape and, essentially, be a public area? Canning: Madam Mayor, Members of the Council. Yes. And -- but the -- there was always a little bit of a conundrum in that the downtown design guidelines actually encouraged buildings close up to the street, similar to the existing building and a public space would be kind of tucked in amongst them, not necessarily out on a corner. But there is a value in having any public plaza. But two years from now -- I guess I would like the Council to consider the fact that two years from now this may not be an appropriate place to have a public plaza, if it's the only one going on there. And that's why I didn't put back in the sunset clause for the building. I thought if they still really want to do the plaza, they will take down the building and do it. If for some reason they Meridian City Council September 27, 2005 Page 22 of 32 don't feel it's necessary, then, maybe that plaza will already be established somewhere else downtown. I think that the applicant -- part of the reason that they wanted to tear down the building initially was that they felt they -- people wouldn't be able to see where the new building was and I think that those concerns aren't there like they used to be and -- Donnell: Council President? Or now Madam Mayor. Wardle: Mrs. Donnell. Donnell: Thank you. It seems to me, hearing the thoughts expressed by Councilman Rountree and given those choices, that -- that our counsel has given us, that it seems that the best decision we can make at this point right now is to make a motion that would, in fact, bring this back to the Council in two years or whenever that time is, that -- you know, that the building is vacated. That's just my thoughts. Rather than to try -- Bird: Is that a motion? Donnell: Shall I make it one? Bird: You bet. Donnell: As soon as we close the Public Hearing or have we already? Rountree: No. De Weerd: No. Donnell: Are we ready to do so? Bird: I am. Rountree: Go ahead. De Weerd: Council? Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: I would make a motion that we close the Public Hearing on CUP 05-040. Wardle: Second. De Weerd: Okay. Motion is to close the Public Hearing on Item 15. All those in favor say aye. All ayes. Motion carries. Meridian City Council September 27, 2005 Page 23 of 32 MOTION CARRIED: ALL AYES. Donnell: And Madam Mayor? De Weerd: Mrs. Donnell. Donnell: I would make a motion that we approve the request for a change in the conditions of approval for CUP '03-050 and -- in order to allow the existing building to remain and, then, to request that this be brought back before the Council for their review at a time when that building is vacated. Does that work, Anna? .Rountree: By the city? Donnell: By the city. Oh, yes, indeed. By the city. Rountree: Second. De Weerd: Okay. Motion is to approve with the changes noted. Mr. Bird. Bird: The problem is it's just not the city that's leasing it. We have got MDC over there and we have got SBA. So, it is the vacancy of when the city moves out and maybe they don't -- hopefully, they will move with us, but there is no guarantee. Baird: Madam Mayor? De Weerd: I think Mr. Baird is going to tell you that the city is the tenant -- Bird: And they are subleasing to us. Yeah. Donnell: Okay. De Weerd: Mr. Baird, did I read your mind? Baird: Madam Mayor, Members of the Council, that's correct. We hold the primary lease and the sub leases are geared to certainly extend no longer than the city's tenancy. So, if you -- if your motion -- motion is approved, it would, indeed, at such time the city vacates the property the matter would come back before you. And I just want to clarify that the purpose of it coming back before you is to reconsider whether the building should remain or whether the original condition should be enforced and you will review conditions at that time. Canning: Madam Mayor? De Weerd: Is that correct in the motion? Yes. Meridian City Council September 27, 2005 Page 24 of 32 ~_ Canning: Madam Mayor, if you could indulge me for a moment. Mr. Baird, if they are on conditional use, should it be the Planning and Zoning Commission, instead of the City Council or because the original one was approved by City Council, should it be the City Council? Baird: Let's see. Madam Mayor, Members of the Council, under the new code conditional uses are approved by and the final decision authority is the Planning and Zoning Commission. However, I would think that by specific mention in this motion if it's the Council's desire to have involvement in the decision of whether the building stays or goes, you can put that into the motion that this would be administered under the rules that were in effect at the time of the original CUP. If that is your desire as a Council. Otherwise, I think Director Canning does point out a good procedural change that we are experiencing here is that final decision authority, unless there is an appeal, would now be at the Planning and Zoning Commission. De Weerd: Would the motion giver have specifics to that? Donnell: Madam Mayor? De Weerd: Yes. Donnell: Is that the desire of the Council, for it to be included under the old code? Bird: Yes. De Weerd: Mr. Wardle. Wardle: Madam Mayor, certainly to answer Mrs. Donnell's question, it would be my preference -- and one of the things that I would say for the record, when brought back to the Council is if it is the intent of that Council to have a plaza at that location and to make, essentially, a public use, then, certainly some partnership or participation or some sort of consideration should be given to the applicant based on the use and, obviously, their generosity towards the city and the community. Donnell: So -- Madam Mayor? De Weerd: Yes, Mrs. Donnell. Donnell: So, the motion is, in fact, revised to include the statement that it would fall under the old code or the old CUP whichever it was under. De Weerd: Does the second agree with that -- Rountree: Second agrees. Donnell: Is that good, Anna? Meridian City Council September 27, 2005 Page 25 of 32 Canning: That works, ma'am. De Weerd: And we will have to call you back to rule on that. Donnell: You won't even find me. De Weerd: Is there any further discussion? Mr. Berg. Berg: Thank you, Madam Mayor. Just to clarify that we will prepare new Findings for the Council to approve. Donnell: Thank you very much. Canning: To approve whatever. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 16: Public Hearing: AZ 05-039 Request for Annexation and Zoning of 4.99 acres from RUT to R-8 zone for Pisa Place Subdivision by Howard Jenkins - 3893 South Locust Grove Road: Item 17: Public Hearing: PP 05-038 Request for Preliminary Plat approval of 16 single family residential building lots and 1 common area lot on 4.99 acres in a proposed R-8 zone for Pisa Place Subdivision by Howard Jenkins - 3893 South Locust Grove Road: De Weerd: Thank you. I will open up Items 16 and 17, Public Hearing AZ 05-039 and PP 05-038. I will open this with staff comments. Canning: Look, there is the building. I forgot to show that to you. Sorry. Madam Mayor, Members of the Council, this is Pisa Place. It's located at 3893 Locust Grove Road. The applications before you tonight are for annexation and zoning and preliminary plat. The property surrounding this has been previously platted, so this is kind of a five-acre remainder piece at this point. The applicant has proposed 16 single- family residences and one common lot along Locust Grove on 4.99 acres in a proposed R-8 zone. The existing house here has been worked into the design. They will no longer take access from Locust Grove Road. The gross residential density is 3.21 units per acre. I did want to point out since this is less -- this preliminary plat is less than five acres in size, they are not required to have open space lots, other than the street buffers. But the applicant has proposed detached sidewalks and that's why the right of way looks so wide as you come into the project. It's a standard right of way and, then, it gets very wide within the project. And that's to accommodate the detached sidewalks and parkway within the right of way. So, that will be a planted parkway with street trees. Meridian City Council September 27, 2005 Page 26 of 32 The Planning and Zoning Commission has recommended approval at their September 1st hearing and no one testified in opposition to the application. The key issues of discussion were related to across-access easement for the existing house. And the issue is -- depending on where they exactly take access to this street, the intent is to take access from the entrance to the other subdivision. And they may need to cross that landscape buffer. If their driveway does do that, then, we need to have a recorded cross-access agreement for that house. And that was the only change to staff's original staff report or conditions of approval and to our knowledge there are no outstanding issues before Council. De Weerd: Okay. Council, any questions for staff? Bird: I have none, Mayor. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: How do you restrict -- Anna, how do you restrict access to Lot 7 from the cul- de-sac? Canning: We didn't want to restrict access from the cul-de-sac. We wanted to restrict access from Locust Grove. Rountree: I understand that, but you're telling me they are going to access from the new subdivision to the north -- Canning: The way their driveway is oriented it would logically -- you'd come in from the north. So, they'd like to do it that way. They do still have access on the cul-de-sac. So, they potentially have two access points. Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: Anna, can you just go back to the aerial? Is there a --okay. Canning: You can see from the aerial that everything is to the north right now and they just wanted to maintain that. Donnell: Okay. De Weerd: Okay. Any further questions, Council? Bird: I have none. Meridian City Council September 27, 2005 Page 27 of 32 De Weerd: Hi, Kent. State your name and address. Brown: For the record, Kent Brown. 1800 West Overland, Boise, Idaho. And I represent the client Howard Jenkins. We are in agreement with all of the conditions of approval. We have recorded across-access easement with our neighbors to the north, the Chatsworth Subdivision. Our development is consistent with what this Council approved for Chatsworth. We have larger lots in this area, as we tried to accommodate the existing house. This is a circular driveway in the front of the house, with a canopy kind of going over the top of it. It is bricked around the outside of that, so it would be difficult for someone to access that portion from the cul-de-sac. The garage to the house is right here in this location. It just made kind of sense to do that. We are proposing to bring landscaping here that helps create a better entrance for where the development is. One of the other items discussed in the Planning and Zoning hearing is that we have water that enters our site down here at this location and currently there is - - Ithink the previous owner tried to create like a berm. It's basically just a big pile of dirt and rock and you really can't see where the pipe enters and so it kind of backed up one of the neighbors across the street. With the other developments, there is, basically, a pipe all the way to the corner property that that delivers water to. When we did Tuscany Lakes, Briggs Engineering, we piped that portion and, then, there is also Roseleaf and Chatsworth that another developer did and they have piped it to our property line and we will continue it so it will be all in pipe all the way through. There is also a ditch back here in this corner that the neighbors are piping and we will continue that piping to the property to the south. De Weerd: Okay. Anything further? Council, any questions? Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: Mr. Brown, you talked about the larger lots and I don't have that great of vision anymore. Just out of curiosity what are some of the sizes? Brown: I don't have that great of vision either. I'd have to go over and look, too. These are 6,500 that are in this area. They are consistent with the R-8 zoning. These are larger than that and these are also larger. Canning: Madam Mayor, I can help Mr. Brown out. Rountree: It's not critical, just curiosity. De Weerd: We should ask the planner. Canning: The largest lot is 10,300 and, then, we go to 7,600, 9,000, 9,300 -- 76 and 93. Rountree: That's good. I just needed to get the scale. Thank you. Meridian City Council September 27, 2005 Page 28 of 32 De Weerd: He wanted to stump the planner. Is there anyone who would like to provide testimony on this application? Okay. Seeing none -- Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we close the Public Hearing on Items 16 and 17. Rountree: Second. De Weerd: Okay. Motion to close the public hearings on Items 16 and 17. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Any discussion or do I have a motion? Mr. Wardle. Wardle: Madam Mayor, I move that we approve Item 16, AZ 05-039, annexation and zoning for Pisa Place Subdivision, to include all staff, applicant comments, in addition the comment that across-access agreement has been granted and to approve the Findings. Rountree: Second. De Weerd: Okay. There is a motion to approve Item 16. Is there any discussion? Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Item 17. Mr. Wardle. Wardle: Madam Mayor, I move that we approve Item 17, PP 05-038, the preliminary plat for Pisa Place Subdivision and to approve the Findings. Rountree: Second. De Weerd: Okay. I have a motion to approve Item 17. Is there any discussion? Mr. Berg? Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Meridian City Council September 27, 2005 Page 29 of 32 Item 18: Public Hearing: MI 05-010 Request for a Miscellaneous application for approval for a sales trailer located in Redfeather Estates. Subdivision No. 2 in an approved R-4 zone by Packard Estates Development, LLC - Lot 2, Block 3 of Redfeather Estates No. 2: De Weerd: Okay. Item 18 is Public Hearing MI 05-010. I will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is a request for an approval of a sales trailer at Redfeather Estates. When they applied the Council was the decision making authority on the miscellaneous applications. Since that time the approval is now at staff level for a temporary use. We would have kept it on your agenda if we had a complete application to evaluate. Unfortunately, we didn't and we have had a hard time getting the information we need. So, what we are asking tonight is that you accept the applicant's withdrawal letter for having a miscellaneous application and that you take the fees they have applied for the miscellaneous application and apply them toward the temporary use and we will just do it at staff level. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Is there a motion needed for that? Bird: Yes. Canning: You're the only ones that can waive the fees. So, yes, I do need a motion. Rountree: Okay. De Weerd: It is listed on our agenda as a Public Hearing. Is there anyone in the audience for this item? Okay. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move we close the Public Hearing for Item No. 18. Bird: Second. Canning: Okay. Motion close the Public Hearing on Item 18. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Meridian City Council September 27, 2005 Page 30 of 32 Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Not having written down all of Mrs. Canning's explanation, I move that we approve Item No. 18 per the explanation provided by the planning administrator. Canning: Madam Mayor, Members of the Council, Ineed -- I need for you to accept the withdrawal and, then, a motion to direct staff to -- Rountree: You need two motions. Canning: Well, no, you can combine them. I'm sorry. But you need to also direct staff to apply the funds towards their temporary use. Rountree: Madam Mayor, I amend my motion to clarify what the planning director explained, that we accept the request from the applicant to withdraw their application and to apply the fees towards a miscellaneous application. Bird: Second. De Weerd: Okay. Well, you heard that motion. Rountree: Close enough. De Weerd: Mr. Berg. Donnell: Getting to sound like me. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 19: Ordinance No. 05-1185 RZ 05-009 Request for a Rezone of 4.53 acres from I-L to C-G zone for Porkv Park Subdivision by VJ Joint Venture -south of Pine Street and east of North Eagle Road: De Weerd: Okay. Item No. 19 is Ordinance No. 05-1185. I will ask the city clerk to, please, read this ordinance by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance No. 05-1185, an ordinance finding that VJ Joint Venture, the owner of certain real property has made a written request for a rezone of the zoning classification for Porky Park Subdivision, for real property located on the south -- I couldn't pass it up. Sorry. -one-half of Section 9, Meridian City Council September 27, 2005 Page 31 of 32 Township 3 North, Range 1 East, Meridian, Ada County, Idaho, as described in Attachment A of this ordinance and rezoning certain lands and territory situated in Ada county, Idaho, and within the corporate city limits of the City of Meridian and rezoning the land use zoning classification of said lands from I-L to C-G in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada county assessor, the Ada county recorder, and the Idaho State Tax Commission as required by law and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. De Weerd: Thank you. You have heard this ordinance read by title only. I'm sure no one out there wants to hear it read in its entirety, do you? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Hearing no one wanting it read, I move that we approve Item 19, Ordinance No. 05-1185, with suspension of rules. Bird: Second. De Weerd: Okay. Motion to approve Item 19. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Thank you. Well, we actually saw you all last to the very last minute. That's amazing. We appreciate you hanging in with us. Council, do I have a motion to adjourn? Rountree: So moved. Bird: Second. De Weerd: All those in favor? Okay. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Thank you forjoining us. MEETING ADJOURNED AT 8:13 P.M. Meridian City Council September 27, 2005 Page 32 of 32 (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: MAYOR TAIV]MIY~E WEERD to i l8 ~ OS DATE APPROVED ATTEST: WILLIAM G. BERG, •('~ ~ ''~ ~ l '~ ~d m~'' •~ S~~L ~ ~~~ T ~s~ • P ,~ ~y,' ~ ~ ,. ,~ `°uavTV . ~.• September 23, 2005 MERIDIAN CITY COUNCIL MEETING September 27, 2005 APPLICANT ITEM NO. 5-C REQUEST Scope of Services for Water Division Building with BRS Architects AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: irITY BUILDING DEPT: CITY WATER DEPT: _ ~,(/ CITY SEWER DEPT: ~/' ~h„/{'d/~' ~V l/ ~ CITY PARKS DEPT: , ~ MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented of public meelings shall become property of the City of Merldlan. Interoffice Memo To: Mayor and Members of the Council From: Brad Watson, P.E. CC: File, City Clerk Date: 9/22/2005 Re: Scope of Services - BRS Architects, Water Division Building SEP 2 2 2005 City of Meridian City Clerk Office I am requesting that the item below be considered on the September 27, 2005 City Council agenda, on the Consent Agenda, for Council's consideration: Scope of Services -BRS Architects, Water Division Building. BRS Architects has provided us with a scope of services for design and limited construction oversight for a new Water Division building to be located on the site of the existing building. Based on the BRS report summarizing the improvements needed or expected to bring the existing building up to current codes and the associated costs, we are recommending its demolition. The Water Division operations would have to be temporarily housed elsewhere on the site or relocated during construction. A Dopy of my August 22, 2005 memo to the Mayor summarizing the BRS report is attached. Mayor De Weerd, Bill Nary, Rick Clinton and I met with a BSU representative eadier this month to discuss the linemen school's future plans. They indicate that they intend to vacate the site in the near future, possibly as soon as the fall of 2006. A copy of the scope of services is attached. A formal contract will be produced and brought before Council for approval if this scope is approved. Recommended Council Action: Approve scope of services with BRS Architects, in the not-to~xceed amount of $65,100, for the Water Division Building and authorize the Mayor to sign and City Clerk to attest. Fmmihe de~cof.,. B~vd Watson, P.I: Please let Rick or me know if ou have an uestions about this Y Yq project Thank you,~1 // /J / ~ (/ ~'a'°w°'t`s°` M~iaiaa Panlio wa,ks nePa,wegt 66ox watatower line, sti,ire Zoo Metidien,Idoho 83642 F/ / )/w"~A~I (208) 898-5500 Fax (208) 898-9551 watsoab(~jnaidiencity.org (~~~j~~~crn1oi [A;P} I1 IC1AH^ RECEIVED • Page 1 ~'- '~ , 1 ARCHITECTS 1010 S. ALLANTE PL. SUITE 100 BOISE, IDAHO 83709 TELEPHONE 208 336 8370 FAX 208 336 B3S0 Memo Date: 9/19/2005 ~C~~~~ Cii,S* of NIeri2~i9n P~hlic ViTOr~s T.1i:ector To: City of Meridian AtM: Brad Watson, Director of Public Works From: Clihton M. Yaka Re: Meridian City Water Division New Facility BRS Project #04007 Dear Brad, Enclosed is our A & E Fee Proposal for the City's Water Division facility. The following is our understanding of our last meeting: 1. The northern half of the properly (with the poles) will be kept as is and will be utilized by BSU during construction. 2. The Water Division will be relocated to temporary facilities during construction. 3. This project will go out for Bid during February/March of 2006. Optional Tasks: The following optional tasks, which are not a part of this proposal, will be done when requested: 1. Apply for CUP. Z:~2oo4,loeSbaooo-04049bfooTCOVerlenerw &tlg Proposa~.doc~ Page 1 (~ 2. Provide BSU with an entry from the west. 3. Provide BSU with a temporary gravel parking lot. 4. Provide BSU with a temporary portable building. If there are additional items that I have left out or have misinterpreted, please call me. Thank you Brad and I await your positive response, • Page 2 1010 S. Allante Place, Suite 100 BOISE, IDAHO 83709 TII,EPHONE 208 336 8370 FAX 208 336 8380 19 September 2005 TO: City of Meridian ATTN: Brad Watson, Director of Public Works FROM: Clinton M. Yaka RE: A & E Fees PROJECT: City of Meridian Water Division Building Project Description: An approximately 10,000 s.f., single story office and shop building that will have a slab on grade, masonry exterior walls and metal roofing as delineated in exhibit "A", located at 2235 NW 81h Street, Meridian, Idaho. Only the southern half of the property will be improved as delineated in exhibit "B". Scope of Services: Anticipates completing services as outlined in the attached scope of services exhibit and includes the following consultants: Structural, mechanical, electrical, civil and landscape. Fees: We propose to complete the A & E services for the stipulated sums in accordance with the standard contract provisions as indicated below. Construction documents thru Construction administration for a stipulated sum of sixty-two thousand dollars ($62,000:00 ). Risk Management ARCHITECTS Proposal Date Page 2 of 8 The following anticipates utilizing the Standard A.I.A. Contract B141 and assumes acceptance of risk management limiting aggregate liability to the total fee for services rendered, or $50,000, whichever is less. If this is not acceptable, please add 5% of the total fee. Let me know if you have any questions or need additional information. Again, thank you for giving us this opportunity. Please sign this letter as your acceptance of this proposal and return it to our office. Brad, we appreciate your business and look forward to working with you on this project. Very truly yours, Accepted: BRS ARCHITECTS ~~~~~ Date l ~ ~~ 'Zoos Title Date CMY:cw Attachment: Exhibit -Scope of Service Proposal Date Page 3 of 8 Scope of Services This is an exhibit attached to and made a par[ of Proposal dated 19 September 2005 between BRS Architects and The City of Meridian. Scope of Architect's Basic Services Included Not included Remarks LANDSCAPE, CPaTJEGORY , '= ~`; Landscape plan, v 1 ~ Landscape performance specifications. v i 3 Civil Engineering. v A Design and detail grading and drainage plans, sanitary sewer and domestic water v A extensions to the existing mains. Design of irrigation or drainage facilities, utility facilities that could be subject to ~j relocation, piping or other civil work. 11 Topography survey. v A Legal descriptions for cross-access utility v A easements. Off-site utility extensions. v A Designing retaining walls, which aze not parts of the building. `T j~ Assumes that the site exterior property pins have been set for this project. Note that if the pins need to be set, State law requires v A that a Record of Survey be filed. Off-site improvements. v 1~ Erosion & Sedimentation Control Plan v A (ESC) Proposal Date Page 4 of 8 Traffic study. v A Soils investigation report. v A Site Level I or II environmental assessment. v A L ~ i ST$UCTLTRA"I; TEGORY = " ~~ i s ' : ~ Y ,3 . x ~ s, r , ~ ~ _ ".--tie 3 ~k' ~ ~.4~ ~ -.vy i~~ Structural design and documentation of roof framing, columns, walls and foundations. v 1~ Provide and assist selection of structural system and suggest possible changes to v 1~ affect savings. Special concrete floor design to reduce or v A eliminate joints. ` ~ ` ' = ~LEC~ $ICAI~C~XTECNORY - t , -' ~ y~° :r- ,-~ Energy calculations for lighting and power. v A Interior, exterior and site lighting and controls of the project and power distribution. Complete electrical design to include: Interior lighting, interior and ~ v 1~ minimum exterior (signage) power distribution, specialty power hook-up, lighting, intercom, sound system and telecommunications and data raceways. Emergency and exit lighting. v A Communication systems (voice and data) will include empty conduit and outlet box v 1~ system. Not included are wire terminations, hardware, handsets, computers, servers, hub v A or networking devises. Proposal Date Page 5 of 8 Theatrical-type dimming systems. v (Standazd light dimming system is included A if needed.) Fire alarm system per code. v A Field survey of existing equipment, if v 1~ applicable. v ' c _ r s - PI,'[1MBING CATEGORY r f { ~ ~ - - Is S } F - __ = _ t ` - "S - ~ t - - z - - ~ _~ t_y - Energy calculations for the Mechanical System. TT j~ Basic plumbing system design to 5 feet outside the building envelope. Basic HVAC system design to include mechanical unit v A sizing and location. Distribution ducting. v l ~ HVAC design feasibility of systems. v 1~ Specialty exhaust systems design. Equipment design.. t T j~ - - Rough-in schedule for owner provided fixtures. v 1~ Fire sprinkler performance specification. Final design and construction documents v 1~ will be by the fire sprinkler contractor. Field survey of existing equipment, if applicable. INTERIOR-DESIGN CATEGORY ~ , Interior design -beyond standard wall, floor d i v 1~ an ce ling materials. Proposal Date Page 6 of 8 Tenant improvement furniture design, specification or coordination. 'SCHEMATIC DESIGN.& DESIGN ' DEVELOPMENT PHASES ' Tenant improvement design and documentation. Prepare schematic and design development site design, building layout and elevation design based upon Owner's program requirements and input. Design Development phase to develop an approvable floor plan, elevations, site plan v A and preliminary section. Conditional Use submittal and pursuit of approval. Anticipate public meetings v 11 through the City. Value engineering and detailed constmction cost estimates. ~ - Probable constmction costs. v Lease plan. X Color Board. v 1~ ~ _~ '~ ~ ~~ <G?(INSTRU~TION,DOC-i7MEhTT'S ' ~ - PH_ ASE ~~ z--~~ ,-_ t - m .- k- s - ~~.~ 2- k _ - - F Energy calculations for the building v 1~ envelope. Complete construction documents upon receipt of design development signature of approval. Submit 3 sets of plans to the Health D v A epartment. U on recei t of approved and Proposal Date Page 7 of 8 stamped plans, forward [o Bldg. Dept. Submit and pursue permit for building. v A Incorporation of Building Department review comments into the documents. v Millwork design. v A Specification manual. v A Electronic drawing transfer and formatting. v . A Attend meetings with Owner to discuss construction documents -anticipate typical v A of three (3) 1-hour meetings or as required to communicatejob status. F _ ~- x~oo~~ - ~~ ~ - . ~ _ _ ~ ° - ~ ~_ ~~ - ~~ ~, ~ _ _ Alternates for bidding. v 1~ Assistance in bidding phase by distribution of bidding. proposal documents and address v A _ clarifications and questions as needed. Assistance in bidding phase with apre-bid v 11 conference. Bid proposal evaluations. v A ~ `CONSTRUCT'ION ADIVIINISI'R~7'ION; ~ S ` " " _ C21TEG OO RI' = r Review shop-drawing submittals. v A Site observations at intervals appropriate to v 11 the stage of construction. Proposal Date Page 8 of 8 Pre-Construction meeting. " Review and approve Application and Certification for Payment. v 1~ Complete final punch list review and - certification of substantial completion, if v 1~ required. Provide final completion notice. Coordination and assistance in interpreting the construction documents with the v A Contractors during construction. Change Orders. Special inspections not under standazd site observations. Record Documents v 1tFiIlVIBURSABLES CA~'EGORY ~~ = } ~ ,' --~ - ~ ~ ~ : s- Reimbursables: Long distance calls, printing, travel at 37.5 cents per mile or commercial travel, meals and lodging, film and developing, overnight delivery or v 11 courier, reproduction, renderings, public or private agency fees. ~ , _ ~? ~ 3VIIffCELLA~'EaUS Chi-T'EGO.RY ~ -.~- ~. `- ~- ~~= ~, ~= ~' ` _ - _ a.~ ~ - ~, - ~~ Demolition plans. v ,~Y-~i~/e/T ~ x ~~ 9 htFry/rLFr m.r x u,_~. s e V V LOGKER9 x b~_p•xyy..e. 1n1 6 J~ ~ Il~r-11 6 f~l s~ b ~ P m 4 o~ 6 i F~ r x m u ~~N O ~ E P 9~ ~' ~~WSS x P A ~i.0. x 4._6. t x ~ g~ Q ~ 9 O _ m ~''0 9 9 y 4 x HALLWAY ~ o I~ F x 4 r k % ~x x ~ S 6 B_ ^ F o~~II @ U~ u xK x n ~ m ~m F w O • ~ X FZ ~~ n T 9 ~ RR m i O O ~~~iT ~4 y -m d e~ rn r 0 ro m z H ro r 9 z cm m (A'q:A1 Interoffice Memo ~~~->~,~~~~n ~~,,~~~, To: Mayor De Weerd, Rick C. From: Brad Watson, P.E. CC: File Date: August 22, 2005 Re: BRS Water Division Study BRS Architects submitted their reporting summarizing the improvements and costs associated with needed/expected repairs and bringing the existing Water Department building up to current codes. Costs to repair and bring the building into compliance are: HVAC Systems: $58,000 Plumbing Systems: $40,600 Electrical: $38,000 Roof System: $34,000 ADA Accessibility: $33,000 Energy Code Conformance: $0 Total: $203,600 The demolition costs are estimated to be $10,000. The following further summarizes the needed improvements associated with each of the costs listed. Mechanical ($98,600) Plumbing fixtures in fair to poor condition and do not meet ADA requirements. • Floor drains have to p-trap, allowing waste gases into building FmmAhe deskof... • Heating and cooling system has far exceeded average B~aw•ao•,r.~. service life. F•hhewo~n~ao< MeridianFublic Works Deryutment 660 E. Wafa[ower [one, Suilc 200 • Code compliance will require: insulate all ducts, smoke Meddien, Idaho 83642 detectors for all rooftop units, new units to meet energy code, install ventilation for all rooftop equipment to meet new ~2oa>89a-ssoo Fetc (208)898-9551 mechanical code. wafsonh®metiaiancily.ag • Systems and equipment are 25 years old (average life expectancy 15 years) • Page 1 Electrical ($38.000) • Exterior building lighting does not meet code for exterior emergency egress. • Interior fluorescent grid in "relatively good condition" but current code requires dual level switching requiring additional ballast in the fixtures. • Power distribution system in "good overall condition" but is at capacity. If new or additional HVAC is installed a new service would need to be brought into the building along with "signficant modifications to the existing service." • Existing cat5e cabling is in disrepair. Recommend cable plant with patch panels and rack-based system installed. If HVAC upgrades require changes (which the mechanical engineer did recommend in his report), a smoke detection and fire alarm is required. • The electrical costs are further broke down as follows: o Site - $6,000 o Fire Alann - $1,500 o Lighting Systems - $14,000 o Power Systems - $4,500 o CommunicationslData - $12,000 Roof System ($34.000) Demo existing roof, reinstall new deck, new 3" insulation, 45 mil. TPO and all fleshings and coping cap. ADA Accessibility ($33.000) • Replace all door hardware • Remodel existing restrooms • Remodel south vestibule The conceptual site plans BRS provided do not reflect the option of demolishing the existing building and rebuilding the Water Building on the same site. Given the relatively high costs to renovate the building, I think we need to seriously consider that option. It would involve a temporary relocation of the Water operations and possibly BSU (pefiaps with temporary on-site quarters for them). We would, of course, have to account for those costs in our decision-making analysis. I think it would be aparopriate that we three meet briefly to formulate a recommendation regarding the existing building prior to bringing a • Page 2 recommendation to Council. Although the total costs to renovate the existing building are less than new construction, the ability to demolish it and plan the site from scratch may be a better long-term decision. This would allow possible future co-location with the Parks Department (perhaps satellite office) if/when BSU ever leaves the site. Right now, there simply is not enough space on the site to locate Water, Parks and BSU. Without doing a lot of research, I would estimate the relocation costs for the Water Department to be around $150,000 for one year if we lease a site. The annual lease payment for the Engineering Division is about $110k/year. Add in moving twice, phone/networic installation, yard space and we are probably getting close to the $150k mark. I don't know how this compares to the value of permanent loss of 3 +/-acres of developed park. Finally, and this may be somewhat self-serving since I live in the neighborhood, but 1 would rather not see usable green space in the park taken up by a new building and parking lot. • Page 3 September 23, 2005 MERIDIAN CITY COUNCIL MEETING September 27, 2005 APPLICANT ITEM NO. S-D REQUEST Eagle Road Waterline Abandonment Agreement with Civil Survey AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of fhe Clty of Meridian. COMMENTS See attached a~'°'~ i , J ~~ ~~~ y ~~ I_ v , fy t. t i . 11_ Memo it r zFjpiFa Mw -~25 ~ rl, i~{ .. To: William Berg, Jr. From: Lenard Grady CC: Brad Watson Date: 9/22/2005 Re: Proposed Agenda Items for September 28, 2005 City Council Meeting The Public Works Department respectfully requests the following item(s) be placed on the September 28 City Council consent agenda: Eagle Road Waterline Abandonment -Civil Survey Attached is an agreement for $9,700 to complete the design of abandonment of the 12-inch waterline in Eagle Road. The original contract for $5,000 analyzed various options to deal with the waterline. Abandonment was the only viable option. Total contract amount with approval of this agreement is $14,700 Recommended Council Action: The Public Works Department recommends that City Council approve Eagle Road Waterline Abandonment Agreement with Civil Survey for $9,700.00 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. From the desk of... Lenard Grady City Engineer Meridian Public Works lleparhnent 660 E. Watertower, Suite zoo Meridian, Idaho 836gz (zo8)8g8-5,500 Fax: (208)898-9551 pa•adyl(ameridianatv.orz • Page 1 Glenn K. Bennett, P.L.S. President Timothy A. Burgess, P.E. Vice President Civil Survey Consultants, Inc. 100 South Adkins Way Suite 101 Meridian, Idaho 83642 (208)888-4312 Pax 888-0323 August 17, 2005 Len Grady, PE City Engineer City of Meridian 660 E. Watertower Meridian, ID 83642 Re: Eagle Road -ITD Impact To Existing Water Main Deu~ Len: I am requesting a supplement to our 6/23/2005 Agreement For Professional Services to prepare plugs and specifications for construction of the new water main improvements selected to eliminate the conflict between the existing water maul in Eagle Road and ITD's widening project. Our work effort will include the following tasks: 1. Contact St. Luke's staff for the purpose of obtaining permission to survey. 2. Prepare plans and specifications for construction of a new 12-inch water main from the point of abandonment at the I84 off-ramp to the existing 12-inch loop at the southerly end of St Luke's facility; and construction of a new 12-inch water main from the middle enhance to St. Luke's facility to St. Luke's Street in their north-south access driveway approximately 180 feet east of Eagle Road, as lu-lighted in green on the attached sketch. Excavate the existing water main at St. Luke's Street and the middle entrance to St. Luke's facility, and remove the north-south valves replacing them with blind flanges or plugs on the existing tee. Excavate and remove the existing PRV vault located on the east side of Eagle Road approximately 100 feet south of Franklin Road. 3. Submit the completed plans to the City of Meridian for review and approval. Submit the completed plans to ITD for their comment. No submittal will be required to DEQ for this extension project. 4. Submit the completed plans to St. Luke's staff for review and approval. 5. Prepare permanent and temporary construction easements for the work and assist Meridian in obtaining St. Luke's signature on the easements. 6. Provide plans uid specifications to Meridian for bidding the work. Attend the bid opening. Provide assistance during bidding as necessary. 7. Provide construction services as necessary to verify the work is completed according to the approved plans and specifications. Prepare record drawings of the completed improvements. Grady August 17, 2005 Page 2 of 2 Information to be furnished by Meridian is as follows: Name and telephone number of a contact person at St. Luke's. Record drawings of existing water mains near the new construction. Copies of the existing water main easements on St. Luke's property. Our current agreement has a not to exceed amount of $5,000.00. To date we have spent $2,700.00 leaving $2,300.00 in the budget. I estimate the work as outlined above will cost an additional $ 12,000.00. Therefore, I am requesting a supplement of $9,700 for a revised total contract amount of $14,700.00. If this supplement is acceptable please sign in the space provided below and return one copy to me. Sincerel , / / • ~~l Tim Burgess, P.E. Vice President Approved By City of Meridian 33 E. Idaho Avenue Meridiu~, Idaho 83642 BY: NAM7:: TITLE: ATTEST BY: NAME: TITLE: APPROVED BY CITY COUNCIL: September 23, 2005 Department Reports MERIDIAN CITY COUNCIL MEETING September 27, 2005 APPLICANT Planning Department -- Anna Canning ITEM NO. G-A-~ REQUEST COMPASS Request for Updated Aerial Photograph AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See akached CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: ~~~~~(/ CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: _ Staff Initials: Materials presented at publle meetings shall become property of the City of Meridian. ' 4l. VY V IPAU4 y :. 1, "r• ~~,, j MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Charles M. Rountree Shaun Wardle Christine Donnel I CITY DEPARTMENTS Fire 540 E. Franklin Road 888-1234 /fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579 /fax 888-6854 Planning 660 E. Watertower Lane Suite 202 8845533 /fax 888-6854 Police 1401 E, Watertower Lane 8 88-667 8 1 fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 89&5500 /fax 895-9551 - Building G60 E. Watertower Lane Suite 150 887-2211 /fax 887-1297 - Sewer (WWFP) 3401 N. Ten Mile Road 868-2191/fax 884-0744 Water 2235 N. W. 8th Street 888-5242 /fax 884-1159 `ei~?,, yl~~ 1'i C~ri~ian =% September 17, 2005 Mr. Matt Stoll, Executive Director Community Planning Association 800 S. Industry Way, Suite #100 Meridian, ID. 83642 Dear Mr. Stoll: Imo, V ! . ~ Y ~ ^ ~ I' ~~ t"'~' r~ ~ ij` a,~ ~~~ 'lip ~ li ,)'fj The City of Meridian has need of updated aerial photographs. The latest imagery available to us is from the year 2003. As you know, our City is growing rapidly, and we are in need of updated photography for our staff. We understand that Ada County has requested that COMPASS contribute $15,000 to acquire data flown in June of 2005, and we want to offer our vote of support in this purchase. We understand the imagery will be at a lower resolution than the existing data but will still meet our needs. We further understand that a new flight with high resolution imagery is being planned for 2007 and that $15,000 spent at this time will be $15,000 less available in 2007. However, this 2005 data will provide valuable information between the 2003 and 2007 data. We support the Community Planning Association contributing $15,000 out of the ortho photography fund to purchase this data. Sincerely, Mayor Tammy de Weerd City of Meridian, Idaho CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, ID 83642 (208) 668-4433 CITY CLERK-FAX 88&4218 CITY ATTORNEY) HR-FAX 8848723 FINANCE&UTILITY BILLING-FAX 867-4813 MAYOR'S OFFICE-FAX 884-8119 ~ ~ ~r~ BEFORE THE MERIDIAN CITY COUNCIL C/C September 27, 2005 IN THE MATTER OF THE APPLICATION OF KIMBALL PROPERTIES, LLC FOR FINAL PLAT APPROVAL OF 16 COMMERCIAL BUILDING LOTS ON 10.9 ACRES IN A C-G ZONE LOCATED ON TH ENORTHWEST CORNER OF SOUTH EAGLE ROAD AND EAST OVERLAND ROAD IN THE SE r/a OF THE SE r/a OF T. 3N., R. lE., SECTION 17 CASE NO. FP-OS-057 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT ©CT 1 2005 ! "I Y" UF= ivlEt~IDIAP! r.,- This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code § 12-3-7 on September 27, 2005, and the Council finding that the Administrative Review is complete from Sonya Watters, Assistant City Planner for the Planning and Zoning Department, and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: September 27, 2005, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING DORADO SUBDIVISION LOCATED IN THE SE ~/a OF THE SE ~/a OF T. 3N., R. lE., SECTION 17, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2005, HANDWRITTEN DATE: 09/15/05, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR DORADO SUBDIVISION / (FP-05-057) Page 1 of 3 l SHEET 1 OF 2, STANLEY CONSULTANTS", KIMBALL PROPERTIES, LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Sonya Watters, Assistant City Planner for the Planning and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: September 27, 2005, listing 20 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 12 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A" and consisting of 4 pages, and by this reference incorporated herein, and the response letter from Jonathan Seel, a true and correct copy of which is attached hereto marked Exhibit "B"and consisting of 1 page, and by this reference incorporated herein, and the response letter from Stanley Consultants, a true and correct copy of which is attached hereto marked Exhibit "C" and consisting of 1 page, and by this reference incorporated herein. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR DORADO SUBDIVISION / (FP-OS-057) Page 2 of 3 The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than 28 days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within 28 days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the of ~ ~1~~ r r~l> , 2005. By: `````~ ~~,,,,wuua„~ T Attest: `~ a ~~ \ ~`o ` 81RAL William G. Berg, Jr., City le r ~' Z4F~T18S' Copy served upon Applicant, the City Attorney. ~ 7~ of Meridian day Public Works Department, and Dated: `~ -~~ ~~ 5 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR DORADO SUBDIVISION / (FP-OS-057) Page 3 of 3 C1TY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT STAFF REPORT: TO: FROM: SUBJECT: Hearing Date: September 27, 2005 Transmittal Date: September 23, 2005 Mayor & City Council ~~~I/nQ1 -.~~ ~~ ~~** nITY nF y'{~ _ v v~, ~~VL~1'1GiXaj? ~ ~* w IDAHO ~~ a a~tn~'n.v ~FACI N}1~~ ,~q Sonya Wafters, Assistant City Planner 1M Michael Cole, Development Services Coordinator ~ C Dorado Subdivision Request for a Final Plat Approval of Dorado Subdivision Consisting of 16 Commercial Building Lots on 10.9 Acres in a C-G Zone by Kimball Properties, LLC (File# FP-OS-052) We have reviewed this submittal and offer the following comments as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Kimball Properties, LLC, has applied for final plat approval of Dorado Subdivision. This subdivision consists of 16 commercial building lots on 10.9 acres in an C-G zone. This subdivision is located on the north-west corner of S. Eagle Road and E. Overland Road, in the SE 1/4 of Section 17, T.3N., R.lE. The submitted final plat substantially complies with the approved preliminary plat. Staff recommends approval of Dorado Subdivision with the comments and conditions stated in this report. SITE SPECIFIC REQUIREMENTS 1. Applicant is to meet all terms of the approved annexation (AZ-OS-019), preliminary plat (PP-OS- 024), conditional use permit/planned development (CUP-OS-031) and development agreement (Inst. No. 105127512). 2. The applicant has indicated that Nampa Meridian Irrigation District will own and maintain the pressure irrigation system within this development. Evidence of a License Agreement with Nampa and Meridian Irrigation District shall be submitted prior to apre-construction meeting. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, asingle-point connection to the culinary water system shall be required.. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. 4. Fencing must be in compliance with MCC 12-4-10 and 12-13-15-9. Temporary construction fencing to contain debris shall be installed along the boundaries of this subdivision prior to issuance of building permits. Exhibit "A" FP-OS-057 Dorado Sub PP.doc PAGE 1 l~ ~ CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT Sanitary sewer service and municipal water to this site shall be via extensions from Overland Road. Applicant will be responsible to construct the sewel- and water mains to and through this proposed development, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 6. Provide a 20' easement for all public water/sewer main outside of public right of way (include all water services and hydrants). The description shall be consistent with the graphically depicted easements on the plat. Submit an executed easement (supplied by Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. The landscape plan, prepared by The Land Group and dated 8/17/05, shall be revised as follows: a. Correct the calculations table to accurately reflect the dimensions as shown on the plat along with the required and provided number of trees according to the revised dimensions. b. Prior to signature on the final plat, get approval for two amenities from the Planning Director that are suitable to the size, scale, and character of the proposed project. Reflect the two amenities on the landscape plan. Submit 3 copies of the revised landscape plan to the Planning Department prior to signature on the final plat by the City Engineer. 8. Revise or add the following notes on the face of the plat dated 9/15/05, prepared by Stanley Consultants: (2J Replace with the following note, "A perpetual vehicular cross access easement is hereby dedicated to all lots within this subdivision." (7.) "The Dueange Dorado lot owner's association...." (*.) Add a note that cross-references the instrument number for the City's sewer and water easements. (*.) Add a note dedicating an Irrigation easement on the perimeter of the development sufficient in size to accommodate the pressurized irrigation system. Submit 3 copies of the revised plat to the Planning Department prior to signature on the final plat by the City Engineer. 9. As each lot develops, a drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking and improved roadways. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The Applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 10. Graphically depict the "Real Point of Beginning" on the face of the plat. Exhibit "A" FP-OS-057 Dorado Sub FP.doc PAGE 2 r ~ CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 11. On the southern boundary of this development the sum of the lot dimensions does not equal the overall distance shown on the plat. Please confirm this information and make the necessary adjustments to correct this. 12. All future buildings on Lots 1, 2, 4, 16, and 17 shall require approval of a detailed conditional use permit prior to submittal of any Certificate of Zoning Compliance application and/or building permit. If the property within Overland Way Subdivision adjoining these lots to the north and west ceases to be used for residential purposes, this requirement shall be waived. 13. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to MCC 12- 13-14 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under MCC 12-13- 14. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of MCC 12-13-14, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 14. Complete the Certificate of Owners. 15. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 12-4-13. Plans will need to be approved by the appropriate irrigation drainage dish~ict, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternative plans will be reviewed and approved by the meridian City Engineer prior to final plat signature. 16. The easement being depicted on the plat suggests that the large ditch being rerouted with this development as being a Nampa and Meridian Irrigation District facility. However it has been indicated to staff that it may be owned and maintained by a user's lateral association. The applicant shall submit documentation proving ownership, and approval of the rerouting prior to signature on the final plat. 17. The pump house to be constructed on Lot 3, Block 1 shall be located outside of the 5-ft. landscape buffer easement along the northern property boundary. 18. All required landscape buffer easements must be shown on the plat. 19. All landscape buffers shall be constructed prior to the issuance of any Certificate of Occupancy within the subdivision. Surety may be provided for required perimeter landscaping on Lots 1, 2, 3, 4, 16, & 17. 20. Staff's failure to cite specific ordinance provisions or terms of the approved development agreement, preliminary plat or conditional use permit does not relieve the Applicant of responsibility for compliance. Exhibit "A" FP-OS-057 Dorado Sub FP.doc PAGE 3 ~' CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT GENERAL REQUIREMENTS A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2. All development improvements, including sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 3. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 4. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 5. All grading of the site shall be preformed in conformance with MCC 11-12-3H. 6. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 7. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 8. Coordinate fire hydrant placement with the city of Meridian Public Works department. 9. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 10. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 11. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 12. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. STAFF RECOMMENDATION Staff recommends approval of the final plat for Dorado Subdivision with the above stated comments and conditions. Exhibit "A" FP-OS-057 Dorado Sub FP.doc PAGE 4 Sonya Watters Fram: Jonathan Seel p.seel@worldnet.att.net] Sent: Tuesday, September 27, 2D05 2:17 PM To: Sonya Wafters Cc: Steve Arnold Subject: Final Plat Approval for Dorado Sub Sonya: We have reviewed the site specific conditions for the Dorado Subdivision Final Piat and are in agreement with all conditions contained within the staff report. Thank you for your assistance in this matter. Jonathan Seel 9/27/2005 E.ehibii "H" f Stanley Consultants INC A Slink/ Group Ccmh'Y En3neui~g Earimn:noim! aM GNSt1.:CM Se^%(PS ~Nb:'AriCe September 22, 2005 Sonya Walters, Planner T7 3leridian Planning and Zoning h60 E Watettowcr, Suite 202 Yleridian, Id 83642 Dear Sonya: Subject: Dorado Subdivision, Alternative Landscape Compliance As requested 1 am providing a written request tor' alternative compliance to the landscaping along Eagle Road, which is proposed to be less than Thal required by the Landscaping Requirements 1 he ordinance that is proposed to be modified is 12-]3-]0-4; which requires a 35-feo[bufter along the entire Jagle Road tiontage 7 he applicant is meefing of exceeding the r equir ed buffet except along the right-in only driveway. 2 As xllowcd by 12-13-18-2 which discusses agency design considerations, the design of the right- in only driveway will be within the 35-toot wide tcquvcd landscape buffet and tcdncing the total landscaping, only where the tight-in drive is, down fi um 35-tael to 20 and 25-fi:cl 3 The total bees requited by City Code are 89 Due to the driveway constrautt along);agle Road, we are proposing a toad of 98-trees instead of the required 89 as altemative compliance The applicant has submitted a detailed landscape plan illushating the proposed landscaping and the alternative compliance along Eagle Road Please let me know i Fyou require additional information for processing the final pla*.. Sincerely, Stanley Consultants, Inc.. /~~~~//Z~ ~~ Steve Amold 1't oject 1'r incipal 1940 South Bonita Way .Suite 140 • Meridian, ID 63692 • phone 708 286 0573 • lax 708 288 0574 Iwrvrstanleyconsulrantteoin Exhibit "C" ~ ~~ ~ BEFORE THE MERIDIAN CITY COUNCIL C/C September 27, 2005 IN THE MATTER OF THE APPLICATION OF THE LAND GROUP, INC. FOR FINAL PLAT APPROVAL OF 3 COMMERCIAL BUILDING LOTS ON 1.8 ACRES IN A C-G ZONE LOCATED AT THE SOUTHWEST CORNER OF EAST OVERLAND ROAD AND SOUTH MERIDIAN ROAD IN A PORTION OF US GOVERNMENT LOT 2 OF T, 3N., R. lE., SECTION 19 CASE NO. FP-OS-059 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT ~..,, -; ~ l y i -~dJ ~JCT 1 2 2005 Gi I~Y Or ~~1EZIDIAP~! This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code § 12-3-7 on September 27, 2005, and the Council finding that the Administrative Review is complete from Sonya Watters, Assistant City Planner for the Planning and Zoning Department, and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: September 27, 2005, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: I. The Final Plat of "PLAT SHOWING SOUTHERN SPRINGS SUBDIVISION N0.3 LOCATED IN A PORTION OF US GOVERNMENT LOT 2 OF T. 3N., R. lE., BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2005, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SOUTHERN SPRINGS SUBDIVISION NO. 3 / (FP-OS-059 Page 1 of 3 HANDWRPI'TEN DATE: 08/09/05, SHEET 1 OF 2, PINNACLE ENGINEERS, INC.",SOUTHERN SPRINGS, LLC, Developer, is Conditionally Approvedsubfect to those conditions of Staff comments as set forth in the Memorandum to the Mayor -and City Council from Sonya Watters, Assistant City Planner for the Planning and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: September 27, 2005, listing 18 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 15 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 5 pages, and by this reference incorporated herein. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SOUTHERN SPRINGS SUBDIVISION NO. 3 / (FP-OS-059 Page 2 of 3 request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the ~ ~ ~' day of ~ ~`~/1'~'~~'J,Fh~ , 2005. William G. Berg, Jr., Copy served upon Applicant, the City Attorney. Public Works Department, and ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SOUTHERN SPRINGS SUBDIVISION NO. 3 / (FP-OS-059 Page 3 of 3 By: (~Y l ~) ~ ~`V1rtJ Dated: ! ~ -~J~ ~5~ C CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAPF REPORT STAFF REPORT: TO: FROM: SUBJECT: Hearing Date: September 27, 2005 Transmittal Date: September 23, 2005 Mayor & City Council ~,~~ClnnF t ~.~ Y LC'YI~T(.~YI ~ ~ ~~~, IDAHf7 ,1~ ~a~a~Yr~ V v .~ Sonya Watters, Assistant City Planner ~ '~ Michael Cole, Development Services Coordinator ~ C- Southern Springs Subdivision No. 3 Request for a Final Plat Approval of Southern Springs Subdivision No. 3 Consisting of 3 Commercial Building Lots on 1.8 Acres in a C-G Zone by The Land Group (File# FP-OS-059) We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, The Land Group, has applied for final plat approval of Southern Springs Subdivision No. 3. This subdivision consists of 3 commercial building lots on 1.8 acres in a C-G zone. This subdivision is located on the north-east corner of S. Meridian Road and E. Calderwood Drive, in the NW 1/4 of Section 19, T.3N., R.lE. The submitted final plat substantially complies with the approved preliminary plat. Staff recommends approval of Southern Springs Subdivision No. 3 with the comments and conditions stated in this report. This application was accepted as complete on August 31, 2005; the standards referenced in this report are to those standards in effect at that time. They do not refer to the UDC standards adopted on September 15, 2005. SITE SPECIFIC REQUIREMENTS Applicant is to meet all terms of the approved annexation (AZ-04-030) and preliminary plat (PP- 04-041). 2. The applicant has indicated that Nampa Meridian Irrigation District will own and maintain the pressure irrigation system within this development. Evidence of a license agreement with the Nampa and Meridian Irrigation District shall be submitted prior to apre-construction meeting being scheduled. 3. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is used, the developer shall be responsible for the payment of assessments for the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. Exhibit "A" FP-OS-059 Southern Springs Sub3 FP.doc PAGE 1 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 4. Fencing must be in compliance with MCC 12-4-10 and 12-13-15-9. Temporary construction fencing to contain debris shall be installed along the boundaries of this phase unless permanent perimeter fencing already exists at the subdivision boundaries. 4. Sanitary sewer service to this site will be from service line extensions from existing and proposed mains adjacent to the project. Subdivision designer to coordinate service sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. Water service to this site will be from main line extensions from existing water mains in E. Calderwood Drive, and from Southern Springs No.2. The applicant will be responsible to construct water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 6. Provide a 20' easement for all public water/sewer main outside of public right of way (include all water services and hydrants). The description shall be consistent with the graphically depicted easements on the plat. Submit an executed easement (supplied by Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 7. The existing house and other buildings shall be removed from the site prior to signature on the final plat by the City Engineer. Under no circumstances will the existing access onto SH-69 be allowed to continue. 8. The landscape plan, prepared by The Land Group and dated 12/1/04, shall be revised as follows: a. If curb and gutter are not to be constructed along SH-69, show a 10-foot wide gravel shoulder adjacent to the edge of asphalt and landscape the remainder with grass per Ordinance 12-13-10-9. b. In the plant schedule, increase the pot size of the Blue Chip Juniperus to 2 gal. minimum per MCC 12-13-7-3. c. In the calculations table, correct the lineal feet of street frontage shown along E. Calderwood Drive to match the plat and the number of street trees required to be 15 trees instead of 14. Add one additional tree within this buffer. 9. Revise or add the following notes on the face of the plat dated 8/9/05, prepared by Pinnacle Engineers: (8.) ...ls strictly prohibited'°~~°° ,al:~"..,°^^ ^..••r,; ~a ~-., a- !': c nn_- a_ .- _ -a n ~t~. (9.) "...and restrictions of the Southern Springs..." (9.) Complete recorded instrument number. (11.) Complete recorded instrument number. (*.) Add a note stating across-access agreement among all phases of this development and include instrument number of a recorded easement that dedicates this easement. 10. As each lot develops, a drainage plan designed by a State of Idaho licensed architect or engineer Exhibit "A" FP-OS-059 Southern Springs Sub3 FP.doc PAGE 2 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street puking and improve roadways. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The Applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 11. A permanent public pedestrian easement shall be created for the lots that contain the multi-use pathway, and recorded prior to issuance of any building permits within the subdivision. The easement and/or right-of-way shall be sufficient width to cover the 10-foot pathway shown. The hard surfaced pathway shall be constructed and fully improved prior to the issuance of the first Certificate of Occupancy for any building within this phase of the subdivision. Applicant shall work with the City Parks Dept. and conform to the Park's Dept. standards for construction of the pathway. The Homeowner's Association is responsible for maintenance of all landscaping adjacent to the pathway. 12. All areas approved as open space shall be fi~ee of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to MCC 12- 13-14 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under MCC 12-13- 14. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminuy plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of MCC 12-13-14, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 13. Complete the Certificate of Owners. 14. The bearing, on the face of the plat, for the northern property line of this development does not match the bearing called out in the legal description in the Certificate of Owners. The applicant shall determine the correct beaiing and make the necessuy corrections to ensure the two documents are accurate and consistent. 15. The distance, on the face of the plat, for the eastern boundary of this development does not match the distance called out in the legal description n the Certificate of Owners. The applicant shall determine the correct distance and make the necessary corrections to ensure the two documents are accurate and consistent. 16. All required landscaping, irrigation systems and site features shall be installed according to the approved landscape plan prior to issuance of a final Certificate of Occupancy. 17. All landscape buffers along streets, with the exception of local streets, shall be installed prior to signature on the final plat by the City Engineer. Street buffers on local streets may be installed at the time of the lot development; installation of such improvements shall not be required at the time of plat approval. Exhibit "A" FP-OS-059 Southern Springs Sub3 FP.doc PAGE 3 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 18. Staff's failure to cite specific ordinance provisions or terms of the approved annexation or preliminary plat does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4- 13. Plans will need to be approved by the appropriate irrigation drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternative plans will be reviewed and approved by the meridian City Engineer prior to final plat signature. 2. Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 3. A letter of credit or cash surety n the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer ,water, etc., prior to signature on the final plat. 4. All development improvements, including sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 5. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 6. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 7. All grading of the site shall be preformed in conformance with MCC 11-12-3H. 8. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 9. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 10. Coordinate fire hydrant placement with the city of Meridian Public Works department. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 13. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 14. Developer shall coordinate mailbox locations with the Meridian Post Office. Exhibit "A" FP-OS-059 Southern Springs Sub3 FP.doc PAGE 4 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 15. Any tree over 4" in caliper that is removed fi~om the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. STAFF RECOMMENDATION Staff recommends approval of the final plat for Southern Springs Subdivision No. 3 with the above stated comments and conditions. Exhibit "A" FP-OS-059 Southern Springs Sub3 FP.doc PAGE 5 ~, Mike Cole From: ken nguyen [ken@thelandgroupinc.com] Sent: Tuesday, September 27, 2005 4:24 PM To: 'Sonya Wafters' Cc: colem@meridianciry.org Subject: RE: Southern Springs Sub. 3 Final Plat Sonya and Mike, All conditions have been accepted. Thank you. Ken Nguyen The Land Group, Inc. Page 1 of I •----Original Message----- From: Sonya Waiters [maiRo:watterss@meridiancity.org] Sent: Tuesday, September 27, 2005 1:24 PM To: 'ken nguyen' Subject: Southern Springs Sub. 3 Final Plat Ken, Can you please send me a response to our staff report on thi s project as soon as you can for the meeting tonight? The Ciry Council is trying to get responses ahead of time now so the meeting moves along a little quicker. Thanks, So n y a . .~ !Ie n - y Ya t to rs CITY OF MERIDIAN Planning & Zoning Dept 660 E. WateROwer Ln., Ste. 202 Meudian, Idaho 83642 Phone: (208)884-5533 Fax: (208)888-6854 9/27/2005 r:a~~na .,n., ~ ~ ~:~,~,, /v BEFORE THE MERIDIAN CITY COUNCIL C/C September 27, 2005 IN THE MATTER OF THE APPLICATION OF PARAMOUNT DEVELOPMENT, INC. FOR FINAL PLAT APPROVAL OF 43 SINGLE- FAMILY RESIDENTIAL BUILDING LOTS,1 SCHOOL LOT, AND 1 COMMON AREA LOT ON 22.24 ACRES IN AN R-8 ZONE LOCATED NORTH OF EAST MCMILLAN ROAD AND WEST OF NORTH MERIDIAN ROAD IN A PORTION OF T. 4., R. 1W., SECTION 25 CASE NO. FP-OS-060 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT . ~~~~ ~ ~1 ~ r~~ ~ ~i:T 1 ~ 2005 CSI I~Y 0~r= rMfERIDIA~! This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code § 12-3-7 on September 27, 2005, and the Council finding that the Administrative Review is complete from Sonya Wafters, Assistant City Planner for the Planning and Zoning Department, and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: September 27, 2005, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING PARAMOUNT SUBDIVISION NO. 10 LOCATED IN APORTION OF T. 4N., R. 1 W., SECTION 25, BOISE MERIDIAN, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PARAMOUNT SUBDIVISION NO. 10 / (FP-OS-060) Page 1 of 4 MERIDIAN, ADA COUNTY, IDAHO 2005, HANDWRITTEN DATE: 08/26/05, SHEET 1 OF 3, ENGINEERING NORTHWEST, LLC", PARAMOUNT DEVELOPMENT, INC., Developer, is Conditionally Approved subject to those conditions of Staff comments asset forth in the Memorandum to the Mayor and City Council from Sonya Watters, Assistant City Planner for the Planning and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: September 27, 2005, listing 10 SITE SPECIFIC REQUIREMENTS/FINALPLAT and16 GENERALREQUII2EMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 4 pages, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their September 27, 2005 meeting as follows, to-wit: 1.1 Adopt the Recommendation of the Central District Health Department as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that mn-off is not to create a mosquito breeding problem; and it is suggested that the stormwater be pretreated through a grassy Swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PARAMOUNT SUBDIVISION NO. 10 / (FP-OS-060) Page 2 of 4 State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PARAMOUNT SUBDIVISION NO. 10 / (FP-OS-060) Page 3 of 4 after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the ~ 7"~" day of ~ ~//J~PNyI.VJ.P>U , 2005. By: \\`~~„ „a a ~" ~+u,,, ~-1~~4~erd `~~~ ~ (~ ''~F~ayor, Yty of Meridian Attest: ~~` ~ '%~ ~o ~= s~nL William G. Berg, Jr., City erk - s ~' ~ ~ , T18~• ` Copy served upon Applicant, the Pla'~iilii~ ~Pep~rtment, Public Works Department, and Clty Attorney. "~h,,,,,,,, ,,,,,~~~~~`~ By: ~~~ ~~ ll~'l~(.L`1W Dated: ID`lJ'O5 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PARAMOUNT SUBDIVISION NO. 10 / (FP-OS-060) Page 4 of 4 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT i STAFF REPORT: Hearing Date: September 27, 2005 (~~~~`I'v nr ~ - _ '~ Transmittal Date: September 22, 2005 \../ Y LC/r~~~~n ~ fvv 16AHfJ ~~~ TO: Mayor & City Council (~~~~ '~t FROM: Sonya Wafters, Assistant City Planner Michael Cole, Development Services Coordinator ~ C- SUBJECT: Puamount Subdivision No. 10 Request for a Final Plat Approval of Paramount Subdivision No. 10 Consisting of 43 Single-family Residential Building Lots, 1 school lot, and 1 Common Lot on 22.24 Acres in an R-8 Zone by Paramount Development, Inc. (File# FP-OS- 060) We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Paramount Development, Inc., has applied for final plat approval of the tenth phase of Paramount Subdivision. This phase includes 43 single-family residential building lots, 1 school lot, and 1 common lot on 22.24 acres in an R-8 zone. The gross density of this phase is 1.93 dwelling units per acre and the net density is 2.35 dwelling units per acre. This phase is located approximately''/z mile west of N. Meridian Road and''/z mile north of W. McMillan Road, in a portion of Section 25, T.4N., R.1 W. The common area lot proposed within this phase of Paramount Subdivision will consist of a landscaped roundabout at the intersection of W. Cagney Dr. and N. DieG~ich Ave. The pressurized irrigation system within this development is to be owned and maintained by the Paramount Homeowners Association. A Conditional Use Permit (Planned Development) was approved for this subdivision that allowed for a reduction in the minimum lot size from 6,500 s.f. to 5,500 s.f.; front setbacks reduced from 15' for living areas to 10'; street side setbacks reduced from 20' to 10'; and a reduction in street frontage from 65' to 50'. The final plat submitted for this phase substantially complies with the approved preliminary plat. Staff recommends approval of Paramount Subdivision No. 10 with the comments and conditions stated in this report. SITE SPECIFIC REQUIREMENTS 1. Applicant is to meet all terms of the approved preliminary plat (PP-03-004), conditional use permit (CUP-03-008) and development agreement (Inst. No. 103137116). Exhibit "A" FP-OS-060 Paramount Sub 10 FP.doc PAGE 1 CITY OP MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 2. The applicant has indicated that the Paramount Homeowners Association will own and maintain the pressure irrigation system within this development. Plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process, and a draft copy of the pressurized irrigation system Operations and Maintenance manual shall be submitted prior to plan approval. 3. The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water. If a creek or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. 4. Fencing must be in compliance with MCC 12-4-10 and 12-13-15-9. Temporary construction fencing to contain debris shall be installed along the boundaries of this phase unless fencing already exists at the subdivision boundaries. 5. Sanitary sewer service and municipal water to this site shall be via extensions from existing mains in previous phases. Applicant will be responsible to construct the sewer and water mains to and through this proposed development, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 6. Revise or add the following notes on the face of the plat dated 8/26/05, prepared by Engineering Northwest: (4.) "...Block 30; Lots 2, 3, 8, 9, 12& 23, Block 31 ^^a T ~'° '' ' o e. n u,,.,,,_ ~~ or a portion of said lots...." (11.) ".....shall be in compliance with the apulicable zoning requirements of the City of Meridian or as otherwise approved with Conditional Use Permit (CUP-03-008) which allowed for reduced setbacks, lot sizes, and lot frontages." 7. Please submit a copy of the Ada County Street Name Committee's "Final" letter for the street names and lot & block numbering. Make all corrections necessary to comply. 8. Complete the Certificate of Owners. 9. The legal description in the Certificate of Owners is incongruous with the bearings and distances denoted on the face of the plat. The applicant shall make the necessary corrections to ensure the legal description and the plat, are both accurate and identical. 10. Staff's failure to cite specific ordinance provisions or terms of the approved development agreement, preliminary plat or conditional use permit does not relieve the Applicant of responsibility for compliance. Exhibit "A" FP-OS-060 Paramount Sub10 FP.doc PAGE 2 r ~ CITY OP MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFP REPORT GENERAL REQUIREMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4- 13. Plans will need to be approved by the appropriate irrigation drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternative plans will be reviewed and approved by the meridian City Engineer prior to final plat signature. 2. Street signs u~e to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying far building permits. 3. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All development improvements, including sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 5. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 6. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 7. All grading of the site shall be preformed in conformance with MCC 11-12-3H. 8. One-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 9. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 10. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 11. Coordinate fire hydrant placement with the city of Meridian Public Works department. 12. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 13. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. Exhibit "A" FP-OS-060 Paramount Sub 10 FP.doc PAGE 3 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 14. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 15. Developer shall coordinate mailbox locations with the Meridian Post Office. 16. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. STAFF RECOMMENDATION Staff recommends approval of the final plat for Paramount Subdivision No. 10 with the above stated comments and conditions. Exhibit "A" FP-OS-060 Paramount Su610 FP.doc PAGE 4 423 N. Ancestor Place, Suite 180 September 26, 2005 Mayor and City Council City of Meridian 660 E. Watertower, Suite 200 Meridian, ID 83642 West, LLC Boise, Idaho 83704 Re: File No. FP-OS-060 Pazamount Subdivision No: l0 (208) 376-5000 • Fax (208) 376-5556 I am writing on behalf of our client, Pazamount Development, Inc. who has indicated to us their acceptance of the conditions of approval as outlined by staff for the above referenced. Our response to the City's Site Specific Comments for this project is as follows: Site Snecific Regurrements 1) All terms of the approved Preliminary Plat (PP-03-004), Conditional Use Permit (CUP-03-008) and Development Agreement (Inst. No. 103137116) have been met. 2) The Pazamount Homeowner's Association will own and maintain the pressure irrigation system within this development. An imgalion well will be continued for use as a secondary source as in previous phases. 3) Agree. 4) Agree. 5) Sewer and water mains will be constructed through this phase of development by connecting to existing extensions from previous phases. 6) Faceofplat-Notes Note No. 4 pertaining to the Master Easement for ACRD has been revised to read; "...Block 30; Lots 2, 3, 8, 9, 12 and 23, Block 31 or a portion of said lots..." per staff comments. Note No. 11 pertaining to zoning requirements has been revised to read; "...the applicable Zoning requirements of the City of Meridian or as otherwise approved with..." per staff comments. 7) The Ada County Street Name Committee Final letter will be submitted to the City of Meridian prior to signature by the City Engineer, 8) The Certificate of Owners will be completed prior to final plat signature. 9) The boundary description on the Certificate of Owners has been revised to match the plat. 10) Agree. li~bibii "13" i City of Meridian -General Reautrements The developer agrees to all the general rcquircments contained in the staff report dated September 22, 2005. Should you have any questions or need anything else fee] free to give me a call. Thank you, Jason S. Davies, P.E. Xc: Jay Walker, Brighton Development lishibil'B" ~ // BEFORE THE MERIDIAN CITY COUNCIL C/C September 27, 2005 IN THE MATTER OF THE APPLICATION OF PARAMOUNT DEVELOPMENT, INC. FOR FINAL PLAT APPROVAL OF 39 SINGLE- FAMILY RESIDENTIAL BUIDLING LOTS AND 1 COMMON LOT ON 9.45 ACRES IN AN R-8 ZONE LOCATED NORTH OF EAST MCMILLAN ROAD AND WEST OF NORTH MERIDIAN ROAD IN A PORTION OF T. 4N., R. 1W., SECTION 25 CASE NO. FP-OS-061 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT ~~~~~v~ Y ~~~ OCT 1 2 2005 ~~I I Y Ot= wil`.RIDIAP~1 r. ~~r' r This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code § 12-3-7 on September 27, 2005, and the Council finding that the Administrative Review is complete from Sonya Wafters, Assistant City Planner for the Planning and Zoning Department, and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: September 27, 2005, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING PARAMOUNT SUBDIVISION NO. 11 LOCATED IN A PORTION OF T. 4N., R. 1W., SECTION 25, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2005, HANDWRTI'TEN ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PARAMOUNT SUBDIVISION NO. 11/ (FP-OS-061) Page 1 of 4 DATE: 08/29/05, SHEET 1 OF 3, ENGINEERING NORTHWEST, LLC",PARAMOUNT DEVELOPEMNT, INC., Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Sonya Watters, Assistant City Planner for the Planning and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: September 27, 2005, listing 14 SITE SPECIFIC REQUIREMENTS/FINALPLRT and 16 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 4 pages, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their September 27, 2005 meeting as follows, to-wit: 1.1 Adopt the Recommendation of the Central District Health Department as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that the stormwater be pretreated through a grassy Swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PARAMOUNT SUBDIVISION NO. 11/ (FP-OS-061) Page 2 of 4 1. State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PARAMOUNT SUBDIVISION NO. 11/ (FP-OS-061) Page 3 of 4 C after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the ~ ~ ~~ day of ~J "N`t~'r`Y~Lr~y , 2005. By: ``\`\~,,,,.~uuu"„~'ammyde e d ```\~~ ~,~ ~ 2~yj~o'~, Ci f Meridian Attest: ~ ~ O REAL William G. Berg, Jr., City rk 9 ~ D ~ i` Copy served upon Applicant, the Planniifg~QD~~~nent, Public Works Department, and City Attorney. ~~~h~„~ ~ ~ ~ i ~~,p~~~"` By: (~~~~~ Dated: ~~~~~ ~~ ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PARAMOUNT SUBDIVISION NO. 11/ (FP-OS-061) Page 4 of 4 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT STAFF REPORT: TO: FROM: SUBJECT: Hearing Date: September 27, 2005 Transmittal Date: September 22, 2005 Mayor & City Council ~~,,~~ ~~+flNnr ~, ~,~Vll~'t7f>~lal1_' _ utl~ IDAHU ~/ ~~. Sonya Wafters, Assistant City Planner ~ °~ Michael Cole, Development Services Coordinator ~ C Paramount Subdivision No. 11 Request for a Final Plat Approval of Paramount Subdivision No. 11 Consisting of 39 Single-family Residential Building Lots and 1 Common Lot on 9.45 Acres in an R-8 Zone by Paramount Development, Inc. (File# FP-OS-06I ) We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Paramount Development, Inc., has applied for final plat approval of the eleventh phase of Paramount Subdivision. This phase includes 39 single-family residential building lots and 1 common lot on 9.45 acres in an R-8 zone. The gross density of this phase is 4.12 dwelling units per acre and the net density is 4.89 dwelling units per acre. This phase is located approximately''/z mile west of N. Meridian Road and %z mile north of W. McMillan Road, in a portion of Section 25, T.4N., R.1 W. The common lot proposed within this phase of Paramount Subdivision will consist of common area open space. The pressurized irrigation system within this development is to be owned and maintained by the Paramount Homeowners Association. A Conditional Use Permit (Planned Development) was approved for this subdivision that allowed for a reduction in the minimum lot size from 6,500 s.f. to 5,500 s.f.; front setbacks reduced from 15' for living areas to 10'; street side setbacks reduced from 20' to 10'; and a reduction in street frontage from 65' to 50'. The final plat submitted for this phase substantially complies with the approved preliminary plat. Staff recommends approval of Paramount Subdivision No. 11 with the comments and conditions stated in this report. SITE SPECIFIC REQUIREMENTS Applicant is to meet all terms of the approved preliminary plat (PP-03-004), conditional use permit (CUP-03-008) and development agreement (Inst. No. 103137116). 2. The applicant has indicated that the Paramount Homeowners Association will own and maintain the pressure irrigation system within this development. Plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the Exhibit "A" FP-OS-061 Pazamount Subl I FP.doc PAGE ] CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT development plan review process, and a draft copy of the pressurized irrigation system Operations and Maintenance manual must be submitted prior to plan approval. 3. The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water. If a creek or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. 4. Fencing must be in compliance with MCC 12-4-10 and 12-13-15-9. Temporary construction fencing to contain debris shall be installed along the boundaries of this phase unless fencing already exists at the subdivision boundaries. 5. Sanitary sewer service and municipal water to this site shall be via extensions from existing mains in previous phases. Applicant will be responsible to construct the sewer and water mains to and through this proposed development, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 6. Graphically depict a 5-foot wide Public Utilities, Drainage and Irrigation easement in the following locations. They will be interior lot lines to an existing phase. a. Northwestern boundary of Lot 5, Block 15. b. Northwestern boundary of Lots 3, 22, Block 16. c. Northwestern boundary of Lot 20, Block 17. 7. The plat indicates a length of 589.00-feet on the southwestern boundary of this proposed development, however the sum of the lot lengths equal 653-feet. The applicants engineer or surveyor shall determine the correct lengths of the boundaries in question and make the necessary corrections to ensure the legal description and the plat, are both accurate and consistent. 8. No large landscaping is allowed within 5-feet of a meter tile, per City of Meridian Standard Specification 7.07(w) note 3. 9. The landscape plan, prepared by The Land Group and dated 8/23/05, shall be revised as follows: a. Correct the "AD" key symbol shown on the plan to read "AP" per the plant schedule. b. Fencing adjacent to Lot 11, Block 17 shall be limited to 4 feet in height if solid fencing material is used, with the allowance for an additional 2 feet of lattice work to be placed on top of the solid fence; revise plan accordingly. c. Public Works requires 5-feet of separation between meter tiles and large landscaping. Cross-reference the construction plans to ensure this separation is met. Exhibit "A" FP-OS-061 Paramount Sub 11 FP.doc PAGE 2 CITY OP MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 10. Revise or add the following note(s) on the face of the plat dated 8/29/05, prepared by Engineering Northwest: (12.) ".....shall be in compliance with the applicable zonin¢ requirements of the City of Meridian or as otherwise approved with Conditional Use Permit (CUP-03-008) which allowed for reduced setbacks, lot sizes, and lot frontages." 11. Please submit a copy of the Ada County Street Name Committee's "Final" letter for the street names and lot & block numbering. Make all corrections necessary to comply. 12. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to MCC 12-13-14 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under MCC 12-13-14. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of MCC 12-13-14, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 13. Complete the Certificate of Owners. 14. StafYs failure to cite specific ordinance provisions or terms of the approved development agreement, preliminary plat or conditional use permit does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4- 13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternative plans will be reviewed and approved by the meridian City Engineer prior to final plat signature. 2. Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. A letter of credit or cash surety in the amount of 110%o shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All development improvements, including sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. Exhibit "A" FP-OS-061 Paramount Sub] ] FP.doc PAGE 3 l CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 5. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 6. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. All grading of the site shall be preformed in conformance with MCC 11-12-3H. 8. One-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 9. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. ]0. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 11. Coordinate fire hydrant placement with the city of Meridian Public Works department. 12. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 13. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 14. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. I5. Developer shall coordinate mailbox locations with the Meridian Post Office. 16. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. STAFF RECOMMENDATION Staff recommends approval of the final plat for Paramount Subdivision No. 11 with the above stated comments and conditions. Exhibit "A" FP-OS-061 Paramount Subl l FP.doc PAGE 4 En~ineerin,, ~''~rthWest, LLC ~ 423 N. Ancestor Place, Suire 180 Boise, Idaho 83704 (206) 376-5000 • Fax (206) 376-5556 September 26, 2005 Mayor and City Counci] City of Meridian 660 E. Watertower, Suite 200 Meridian, ID 83642 Re: File No. FP-OS-061 Paramount Subdivision No. 1 I l ~~ .\ t \. ~ ~r , i~~ ~/ ~~ ~\ I am writing on behalf of our client, Paramount Development, Inc. who has indicated to us their acceptance of the conditions of approval as outlined by staff for the above referenced. Our response to the City's Site Specific Comments for this project is as follows: Site Specific Requirements 1) All terms of the approved Preliminary Plat (PP-03-004), Conditional Use Permit (CUP-03-008) and Development Agreement (Inst. No. 1031371 l6) have been met. 2) The Paramount Homeowner's Association wilt own and maintain the pressure imgation system within this development. An irrigation well will be continued for use as a secondary source as in previous phases. 3) Agree. 4) Agree. 5) Sewer and water mains will be constructed through this phase of development by connecting to existing extensions from previous phases. 6) The plat has been revised to graphically depict a 5-foot wide Public Utilities, Drainage and hrigation easement in the following lots. a. Northwestem boundary of Lot 5, Block l5. b. Norhwestem boundary of Lots 3 and 22, Block 16. c. Northwestern boundary of Lot 20, Block 17. 7) The plat length along the southwestern boundary line has been corrected. The Certificate of Owner has been revised as well on the signature sheet. 8} Agree. 9) The comments for the landscaping plan have been forwarded to The Land Group for revisions. 10) Note 12: of the face of the plat has been revised to read: "...the applicable zoning requirements of the City of Meridian or as otherwise approved with..." per staff comments. 11) The Ada County Street Name Committee Final letter will be submitted to the City of Meridian prior to signature by the City Engineer. 12) No open space is being used for wet ponds or other nuisances. 13) The Certificate of Owners will be completed prior to £nal plat signature. 14) Agree. ean~n~~ ^u^ City of Meridian -General Requirements The developer agrees to all the general requirements contained in the staff report dated September 22, 2005. Should you have any questions or need anything else feel free to give me a call. Thank yo , Jaso .Davies, P.E. Xc: Jay Walker, Brighton Development Exhibit "n" CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a Request for Annexation and Zoning of 0.56 Acres from R6 (Ada County) to L-O (Limited Office District), by James & Carrie Jewett Case No(s): AZ-OS-032 For the City Council Hearing Date of: August 23'd, September 13`h and September 27th, 2005 A. Findings of Fact Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code §67- 6509. The matter was duly considered by the City Council at the August 23, 2005, Septerber 13, 2005, and September 27, 2005, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express colnrnents and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing on July 21, 2005 and issued a written recommendation on the subject matter to the City Council. d. The City Counci] heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-032- PAGE I of 4 a In addition to the application and property facts noted in the staff report and the Platming & Zoning Recommendation fm• the subject application(s), it is hereby verified that the property owner(s) of record at the time of issuance of these findings are James & Carrie Jewett. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit D for the findings required for this application. B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. The conditions shall be reviewable by the City Council pursuant to Meridian City Code 11-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed developrnent will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting nofice. That this approval is subject to the Legal Description in Exhibit A, the Conceptual Site Plan and Exterior Elevations as shown in Exhibit B, and the Annexation and Zoning Comments as shown in Exhibit C. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-032- PAGE 2 of 4 1. The applicant's Conceptual Site Plan as evidenced by having submitted the Conceptual Site Plan dated June 9, 2005 are hereby conditionally approved; 2. The applicant's Exterior Elevations as evidenced by having submitted the Exterior Elevations prepared by Parametrilc FX, dated September 9, 2005; and, 3. The Annexation and Zoning Comments are as shown in Exhibit C. D. Notice of Final Action and Right to Regulatory Takings Analysis Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. E. Exhibits Exhibit A: Legal Description Exhibit B: Conceptual Site Plan and Exterior Elevations Exhibit C: Annexation and Zoning Comments Exhibit D: Zoning Amendment Findings / /~~ By action of the City Council at its regular meeting held on the (/ day of _ dG~D ~G-~ , 2005. COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED__,~~ VOTED 67 Jd''^~' VOTED__~ VOTED__~~ VOTED CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-032- PAGE 3 of 4 Attest: G. Berg, Jr., City Copy served upon Applicant, and City Attorney. i ~~ Mayor Taml erd--- ~ ~ '. y, ~ Q~ ~ x'-kL~~- $~AL~ o = ',,PG~T Iii ~,~~ ~~; The Planning ~afrd,l~ep~~i~ent, Public Works Department ~r,r rrrlll 11 lr ll~~~` BY~ t ~~~~ /,~l.I V l Dated: ~D-I7 O5~ City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-032- PAGE 4 of 4 EXHIBIT A Carol Street Professional Office Annexation AZ-OS-032 Legal Description ARR r~V Land 5 (II',ti, ^OONDAIiY, '[DPGGIW'HIC AND AJ ,`I:A, SIiNYLYS ~11G cONSluncnoN s rn xlNr, JU SCANNING }121 E. State SfreeY • Suite 105 Eagle, Idaho 63616 ~ office: 1-298-939-7373 • fax: 1-298.939-7321 .Inh No. 05892 J.E.~- 6-3-Ds LEGAL ~ESCR[PTJpN Poll JIMJF,WETT Annexation Ecrmdary Part of Lol 8, -lock 4 of Uoris Subdivision located in the Southeast I/4 o(Secuon G, Townahlp 3 North, Range 1 East of the Roisc Meridian, Ada County, Idaho descrihed as: Commencing [he Southeast comet of Section 6, 'township 3 North, Range 1 East nl'thc 6oiae Mnridim, Ada County, Idaho and mm~htg thence N00°00'01"W 452.21 feel along the Easl line of said Section to the Point of Beginning (said point being al the inlersectioo of Wes[ Carol Drive and South Locust Grove); thence N89°59' I l "W 22D.22 feel along the centerline of Wesl Carol Drive; thence N00°00' l7"E 110.62 feet [o point on tltc West line of Lot 8, Block 4 oP Doris Subdivision; thence S89°59'22"E 220,21 feet to u point ou the East line of said Section; thence 500°00'01 "E 110.63 feet along said Ensl line to the point of beg'aming, Parecl contains 24360 square feel nr 0.56 acrns. ~ W ApPR04A~ ~~ eY 4 N WORKS pgPTIG ~~b 6m~s aya~ ~~~~ ~A~~ a' o~;~ ~~ k R' ;~ ~~~ 90IIN locUel' GROVE ~I ~~ '~ F EXHIBIT B Carol Street Professional Office Annexation AZ-OS-032 Conceptual Site Plan and Exterior Elevations It]~ . '~ hI + f Ig 1;;1 y~~,p h !,'li ~ I I w I~ i y F : ~ I 4 ~ U i f ~ ~ ii i~m i t~~ ~~ ~~~ p. ~ ~ ~r !~ ~~ ~ v . '1r°:i'' ~~ I ~`V a~ '~ ~t A ~~ _ r f ff l i iii ~ly ~ i ~ ~ ~ t ~ ; ' ~ r ~I f qq i i ~ 1 ~ Y ~~' ]Li ~ 3~ ~ ~1~r ~+A Y.r u' $' I+ ' >. z f~ ~ 41 nn, t~° yrv D j:\• s fI 9 { ~ +~ ~. w ~ 4 L~ ~ ~ I 2 - _ ~ ,~ _ - ~ b ~, $ n ~J: S ~ t I 1' ly. ~ ~? l I I ' { I i i.~c,: i~f~ l. O r i 1~ ~x' i ], ~ i rd ~ fi'~Ilo it llf J fiT `I !1 1 < a~ d3] f : IIIi 11 II t k ~ ~~. 1 f ; I]~4 ~~i~1~]I'I ]lo ~ tia ' ~' I (N~N S 1 ~~~~ ~ iii I!'~ Il ~l In 1::?k4~~°M1a i1 f ' ~ I Iii i;~ ~l i~ 1 ] 1 ~ ! ,;z - '~ ' i Ali! 1; i N ' ',~ f ' t II I t. _,- ,~ ~_; a, ~,5~~, j~~j,. I ~ ~? S~ PI ~~ {61 ~ i f r~ i 1 ~ g ~i1 ~~ i b 4,{{ , I ' 1 't ~ I. ~ I ~ '1 " ~ i l ~ , ~~ l r' L '' ' I 'k ~ i.!,' °° Neev l Caro181. Olfice i I o ~ ~ ~t1:{ I~;]~ ~~~~ Preliminary Plal Su6millal i ~ h :. ~~ Mendien. Itlat,o ~ ~ ; RNFWCFT0.6rt~. li II _~ , ~ (~ ;_7 SG; Ee- e ii i i ~ ~J ii __ i ' - ; ; P 5 i_ ~ ~._ ~' ~ ,i,. ~: ~ ® ii , Ir - E I k I r-- '' i m P ~ 1 ` I J. ~ I ~! __ J Y' is ,~~ ~a JLJEnYerprises my `o~ etam i ~~i P ~ . ~~ i~~ We I ~.. in ~~ ~ ~ ~ ute Ci .a ~ ° 1~ ~ ~~~ tb ~~~~~~ -f(~ li i ~; jl~jl ~[' I ~~~~ l~~~i ~ ~ i~ ~ ~ i EXHIBIT C Carol Street Professional Office Annexation AZ-OS-032 Annexation and Zoning Comments ANEXATION & ZONING FACTS AND COMMENTS 1. The subject property is within the Urban Services Planning Area. The legal description submitted with the application (dated 6-9-05, stamped by Darren R. Leavitt) shows the property as contiguous to the existing corporate boundary of the City of Meridian. The Public Works Department has confirmed that the submitted legal description meets the requirements of the City of Meridian and the Idaho State Tax Commission. 2. Any future subdivision and/or development of this property shall comply with the City of Meridian ordinances in effect at the time. 3. Prior to the annexafion ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The anplicant shall contact the City Attomev. Bill Narv at 888-4433 to initiate this nrocess The DA shall incorporate the following: • That no alterations, expansions, reconstructions or other enlargements to the exisfing single-family stmcture will be permitted except through a Certificate of Zoning Compliance (CZC) and except where 1) the use of the stmcture changes to a use consistent with this Development Agreement and 2) the structure shall meet all applicable development standards such as setbacks, frontage, height, etc. of the L-O zone. • That no building or other stmcture shall be erected, moved, added to or structurally altered, nor shall any building, structure or land be established or changed in use without a Certificate of Zoning Compliance (CZC). • That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • That the following shall be the only allowed uses on this property: professional and sales offices, personal or professional services, clinics (medical, dental and optical), and health care or social services. As the only exception to the uses specifically allowed by Resolution 04-454, the applicant may apply for a Conditional Use Permit to operate a child care facility on this property in the future. • That the hours of operation shall be limited to 6 a.m. to 10 p.m., unless otherwise modified through a future Conditional Use Permit. • That any new structure(s) (or remodel of existing structure(s)) shall be Carol Sfroe[ Professional Office Annexation Exhibit C generally compatible in appearance and bulls with the surrounding residential properties, as determined by the Planning Director or otherwise approved through a Conditional Use Permit. Further, the design and construction materials used on remodeling the existing home into a commercial building shall substantially comply with the Exterior Elevations prepared by Parametrilc FX on 09-21-OS and the UBC. That the existing shop be allowed to remain as anon-conforming structure. That the City has approved alternative compliance for the landscaping adjacent to the west and north property lines. The landscape buffer to the west shall be reduced to approximately five feet adjacent to the shop and to ten feet adjacent to the proposed parking stalls. The landscape buffer to the north shall be reduced to ~4 10 feet, adj~.c .t tc `,hc c..isti~~ °'~~~ ~~-' '' "'- ''~ c ~'' ~ " '- ' . If the existing shop is removed, then a fu1120-foot wide landscape buffer shall be required along the west property line. Landscape materials along the buffers to the north and west shall be in accord with MCC 12-13-12-3, and as proposed by the applicant on the landscape plan labeled L1.0, prepared by The Land Group, Inc., dated 6-9-05. That the applicant agrees to construct a 6-foot tall vinyl privacy fence along the north and-west property lines, as proposed. That the applicant agrees to construct a 7-foot tall cinder wall on the west property line. That vehicular access to this site shall be restricted to those approved by ACHD and the City. No vehicular access to Locust Grove Road is approved. Provide a vehicular cross-access easement to the property to the north. Carol Street Professional Office Annexation Exhibit C EXHIBIT D Carol Street Professional Office Annexation AZ-OS-032 Zoning Amendment Findings ANNEXATION & ZONING ANALYSIS According to Ordinance 11-15-1 ],General Standards Applicable to Zoning Amendments, both the P&Z Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment." The following is the list of standards found in 11-15-11 and analysis: A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; As noted in the summary above, the 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Low Density Residential". The purpose of a low density residential designation is to allow for the development of single- family homes on large lots where urban services are provided. Uses may include single-family homes at densities of three dwelling units or less per acre (Page 95, Chapter VII, 2002 Comprehensive Plan). The City recently approved Resolution No. 04-454, which amended Chapter VII, Section 1, of the Comprehensive Plan to include the following language: "At the discrefion of City Council, areas with a Residential Comprehensive Plan designation may request office uses if the property has frontage on an arterial street or a section line road and is 3 acres in size or less in size. In this instance, no ancillary commercial uses shall be permitted." City Council finds that the subject property has frontage on Locust Grove Road, an arterial street, and is less than 3 acres in size (0.56 acres total). Because the property is less than 3-acres in size, is located on an arterial street, and has existing commercial uses around it, City Council believes that a residential use of the property may not be the best use of the land. City Council believes that an office zone and use on the subject property is appropriate as the request is consistent with the intent of Resolution No. 04-454. Please see the following facts and circumstances and the Special Considerations below for further analysis of the proposed zoning designation and anticipated office use. Carol Street Professional Office Mnexation Exhibit D City Council finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (analysis is in italics below policy): • "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goa11V, Objective D, Action item 2) On the submitted plan, the applicant is proposing a single access to Carol Street. No access to Locust Grove Road, an arterial street, is proposed. • "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4) Locust Grove Road is designated as an arterial street. By City Ordinance, a 25 foot wide landscape buffer is required adjacent to Locust Grove Road (MCC 12-13-10-4). Landscape buffers will be required by the City with Certificate of Zoning Compliance (CZC) approval. "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action item 5) The applicant has shown both internal and perimeter landscaping on the submitted plans. The applicant is requesting alternative compliance for the required landscape buffers adjacent to the single family homes to the north and west. Prior to occupancy of the buildings on this site for office uses, the applicant will be required to construct internal and perimeter landscaping in accordance with City Ordinances. • "Permit new ...commercial development only where urban services can be reasonably provided at the time of fmal approval and development is contiguous to the City." (Chapter IV, Goal I, Obj. A, #6) This parcel is contiguous to the city via the Walgreen's site to the south and Fred Meyer site to the east. Sanitary sewer and water are available to this parcel. • "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal 1, Objecfive B) City Council believes that the proposed zone, which allows office uses, does contribute to the variety of uses in this area. City Council finds that the new zoning to L-O should be harmonious with and in accordance with the Comprehensive Plan, as amended by Resolution No. 04-454. Carol Street Professional Office Annexation )/xhibit D l ~ B. Is the area included in the zoning amendment intended to be rezoned in the future; Concurrent with the annexation and zoning application, the applicant has submitted a site plan and a landscape plan. These plans depict the remodeled office, a storage shop, parking, and landscaping improvements for this property. City Council does not anticipate that the applicant plans to rezone the subject property in the future if the subject annexatiol>/zoning is approved, as the anticipated office use is allowed in the requested L-O zone. Please see Finding «C» C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning -for example, a residential area turning into a commercial area by means of conditional use permits; City Council finds that professional offices, laboratories, libraries and medical clinics would be permitted uses within the requested L-O zone. However, there are several uses in the requested L-O zone that can occur with conditional use permit approval. City Council is concerned that this site may turn into a commercial retail site, and is recommending that the City limit the uses that can operate on the site. D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; This area has seen many recent changes. Most notably, Office Jet Subdivision, which is less than '/< of a mile to the north of the subject site on Locust Grove Road. Office buildings have recently been constructed within Office Jet Subdivision. Locust Grove Road is currently improved to five lanes. Carol Street has curb, gutter and sidewalk on the south side of the street (adjacent to Walgreen's). These factors contribute to recommending that this area should be rezoned. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; The applicant will be required to re-construct, operate and maintain the office building(s) in accordance with City Code. Although this area was intended for residential uses when the 2002 Comprehensive Plan was adopted, City Council finds that an office zone also complies with what is intended for this intersection, as Resolution No. 04-454 allows the City Council to consider office uses in this Carol Stree[ Professional Oftice Annexation Exhibi[ D r' locafion. City Council finds that the design of the submitted layout could be harmonious with the adjacent properties if adequate landscaping/screening is provided. City Council further finds that the proposed office zone/use will change the existing character of the area, but that the proposed zone and future use should be harmonious and appropriate in appearance with the character of the overall area. City Council finds that any future uses, if designed, constructed and operated in accordance with adopted city ordinances, should be harmonious and appropriate in appearance with the intended character of the vicinity. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; City Council finds that the use of this site for professional offices should not be hazardous or disturbing to existing or future neighboring uses if the applicant enters into a development agreement with the City and all development and landscaping ordinances are exercised. Commercial (office) vehicular access to this site could cause a potential disturbance to existing and/or future residential uses in this area. The 2002 Comprehensive Plan Future Land Use Map designates the properties to the north and west as low density uses and this office lot would take access to a primarily residential street, Carol Street. City Council does not believe that this office will generate a significant amount of traffic. However, City Council has received several letters and phone calls from nearby property owners stating that an office use on this property will be disturbing. Some of the neighbors have stated that getting into and out of the subdivision is very difficult. Due to the location of the Walgreen's driveway, the Fred Meyer driveway and cars stacking up at the Locust Grove/Fairview intersection, access to Carol Street has become difficult for the residents in this area. Therefore, in addition to staff's analysis, the Commission and Council should rely on public testimony (oral and written) to determine whether or not the potential disturbance of allowing a commercial access into/out of this site will substantially affect the existing or future neighboring uses. G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; Sanitary sewer is available in N. Locust Grove Road and has already been stubbed into W. Carol Street which abuts the southern boundary of this property. The applicant and/or future property owners will be required to pay any applicable park and highway impact fees as well as construct on-site storm water drainage facilities. Caro] Street Professional Office Annexation Exhibit D ~ l On July 1, 2005, a joint agency and department comments meeting was held with representatives of key service providers to this property. Based on the joint meeting and other comments received from agencies and departments, City Council finds that the public services listed above can be made available to accormnodate the proposed development. The Commission and Council should reference any written and/or verbal testimony submitted by any public service provider, regarding their ability to adequately service this proj ect. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; If approved, the developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. Other required site improvements will be funded and constructed by the developer through the CZC approval process. The primary public costs to serve the future uses will be fire and police facilities and services. City Council finds there will not be excessive additional requirements at public cost and that the proposed zoning and subsequent development will not be detrirental to the community's economic welfare. I. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; The purpose of the L-O zone is to "permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses...shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this District." (MCCI 1-7-2.G) As such, City Council does not anticipate future uses will create smoke, fumes, glare, or odors that will be detrirental to the general welfaze of persons or property in the area. City Council does not anticipate the proposed annexation and subsequent use(s) will create excessive noise, smoke, fumes, glare, or odors. City Council finds that the proposed office zoning/use should not be detrimental to people, property or the general welfare of the area. If the subject annexation and zoning application is approved, the applicant intends to remodel the existing home into an office. City Council finds that any future uses on this site will generate additional traffic on adjacent roadways above and beyond what the existing residence generates. City Council recognizes that traffic and noise will increase with the approval of this development; however, do to the smaller size of the site City Council does not believe that the amount generated will be detrimental to the general welfare of the public. However, the City has received several letters from home owners in this area, some stating that the Carol Street Professional Office Annexation Exhibit D i~ i proposed use may be detrimental to persons, property and/or their general welfu-e. In addition to staffs analysis, the Cormmission and Council should rely on any and all public testimony (oral and written) provided when determining this finding. MCC 11-16-4 provides the P&Z Commission and City Council the authority to require a property owner to enter into a Development Agreement with the City of Meridian that may require some written commitment for all future uses to more fully comply with this finding. Due to the close proximity of the existing residential uses, City Council believes that a Development Agreement is necessary to ensure that the purpose of the L-O zone is maintained. Please see Annexation & Zoning Facts and Comments. J. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; This parcel has approximately 100 feet of frontage on Locust Grove Road. Any driveway to the site from Locust Grove Road would be close to the Carol Street/Locust Grove Road intersecfion. Therefore, the applicant is proposing a driveway approach to Carol Street and not Locust Grove Road. ACHD considers access points in their analysis of development applications and their staff is recommending approval of the proposed vehicular approach. City Council believes that the proposed uses (and access) should not be hazardous to neighboring uses or traffic flows. The Commission and Council rely on public testimony, ACHD City Council, and City staff's analysis when determining whether or not the proposed vehicular approach to Carol Street will create an interference with traffic on surrounding public streets. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and City Council is unaware of any natural or scenic features of major importance on this site and finds that no natural or scenic features of major importance will be lost or damaged by approving the annexation and zoning application. Any existing trees larger than 4" caliper that are removed shall be mitigated for, as determined by the City Arborist. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592,11-17-1992)" The legal description submitted with the application, prepared by Arrow Land Surveying, Inc., shows that the property is contiguous to the existing corporate boundary of the City of Meridian. The land directly south and east of the subject property has previously been annexed into the City and this is a logical expansion of the City boundary. The applicant is proposing to develop the land in substantial Carol Street Professional Office Mnexation Exhibit D l compliance with the City's Comprehensive Plan. In accordance with the findings listed above, Citv Council finds that the afinexation and zoning of this ~ >> ertX would be in the best interest of the City. NOTE: City Council has included Development Agreement stipulations for annexation and zoning of this property. Carol Street Professional Office Mncxation Exhibit D i~ /3 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the matter of the Request for Vacation of City Water and Sewer Easements recorded as Instrument Nos. 103105409, 102156663, and 103007935, by James R. Wylie. Case No(s). VAC-OS-015 For the City Council Hearing Date of: September 27, 2005 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code §67- 6509. The matter was duly considered by the City Council at the September 27, 2005, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission issued a written recommendation on the subject matter to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAC-OS-015- PAGE I verified that the property owner(s) of record at the time of issuance of these findings is James R. Wylie. B. Conclusions of Law 1. Easements shall be vacated in the same manner as streets. {I.C. § 50-1325}. 2. When a county or highway district desires the abandonment or vacation of any highway, public street or public right-of--way which was accepted as part of a platted subdivision said abandonment or vacation shall be accomplished pursuant to the provisions of Chapter 13, Title 50 Idaho Code {I.C. § 40-203 (6)}. 3. Any person, firm, association, corporation or other legally recognized form of business desiring to vacate a part of a plat which is inside the boundaries of any City must petition the City Council to vacate. Any person, persons, firm, association, corporation or other legally recognized form of business desiring to vacate a plat or any part thereof which is inside or within one (1) mile. of the boundaries of any city must petition the city council to vacate. Such petition shall set forth particular circumstances of the requests to vacate; contain a legal description of the platted area or property to be vacated; the names of the persons affected thereby, and said petition shall be filed with the city clerk. Written notice of public hearing on said petition shall be given, by certified mail with return receipt, at least ten (10) days prior to the date of public hearing to all property owners within three hundred feet (300') of the boundaries of the area described in the petition. Such notice of public hearing shall also be published once a week for two (2) successive weeks in the official newspaper of the city, the last of which shall be not less than seven (7) days prior to the date of said hearing; provided, however, that in a proceeding as to the vacation of all or a portion of a cemetery plat where there has been no interment, or in the case of a cemetery being within three hundred feet (300') of another plat for which a vacation is sought, publication of the notice of hearing shall be the only required notice as to the property owners in the cemetery. When the procedures set forth herein have been fulfilled, the city council may grant the request to vacate with such restrictions as they deem necessary in the public interest. In the case of easements granted for gas, sewer, water, telephone, cable television, power, drainage, and slope purposes, public notice of intent to vacate is not required. Vacation of these easements shall occur upon the recording of the new or amended plat, provided that all affected easement holders have been notified by certified mail, return receipt requested, of the proposed vacation and have agreed tc the same in writing. {LC. § 50-1306A (1), (2), (3) and (5)} 4. Pursuant to Meridian City Code §§ 12-10-1 A and B and 12-10-2 A and B it provides as follows: 12-10-1 APPLICATION PROCEDURE: 1. Application: Any property owner desiring to vacate an existing subdivision, public right of way or easement shall complete and file an application with the Administrator. These provisions shall not apply to the widening of any street which is shown on this Comprehensive Development Plan, or the dedication of streets, rights of way or easements to be shown on a recorded subdivision. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAC-OS-OlS-PAGE 2 2. Administrator Action: Upon receipt of the completed application, the Administrator shall affix the date of application acceptance thereon. The Administrator shall place the application on the agenda for consideration at the next regular meeting of the Commission which is held not less than fifteen (15) days after said date of acceptance. 12-10-2 COMMISSION AND COUNCIL ACTION: Commission Recommendation: The Commission shall review the request and all agency responses and make a recommendation to the Council for either an approval, conditional approval, or denial. 1. Council Acfion: 1. Hearing; Notice: When considering an application for vacation procedures, the Council shall establish a date for a public hearing and give such public notice as required bylaw. The Council may approve, deny or modify the application. Whenever public rights-of--way or lands are vacated, the Council shall provide adjacent property owners with aquit-claim deed for the vacated rights of way in such proportions as are prescribed by law. 2. Street Improvements; Bond: When considering an application for dedication procedures, the Council may approve, deny or modify the application. When a dedication is approved, the required street improvements shall be constructed or a bond furnished assuring the construction, prior to acceptance of the dedication. To complete the acceptance of any dedication of land, the owner shall furnish to the Council a deed describing and conveying such lands to be recorded with the County Recorder. 2. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67-6503). The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 4. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-17-9. 5. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 6. It is found public facilities and services required by the proposed development will not impose expense upon the public if the condition(s) of approval included herein are imposed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAC-OS-015- PAGE 3 7. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 8. The Applicant is requesting the vacation of the following existing recorded right-of--ways described below: a. City Water and Sewer Easements recorded as Instrument Nos. 103105409, 102156663, and 103007935. 9. The Applicant is requesting the vacation of the easements so that owners may not be encumbered bynon-utilized easements. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The petition requesting the vacation of the following existing recorded easements is hereby granted: a. City Water and Sewer Easements recorded as Instrument Nos. 103105409, 102156663, and 103007935. 2. The City Clerk shall cause a copy of this order to be served upon the affected utility holders, and the petitioner, Public Works, Planning and Zoning Departments, and the City Attorney's office. 3. The City Clerk shall cause a certified copy of this order to be recorded with the Ada County Recorders office. D. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAC-OS-015- PAGE 4 this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. ~h By action of the City Council at its regular meeting held on the Z day of 2005. COUNCIL MEMBER SHAUN WARDLE VOTED_ (~~ COUNCIL MEMBER CHRISTINE DONNELL VOTED_~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED_~S~ COUNCIL MEMBER KEITH BIRD VOTED__~~!'`~- MAYOR TAMMY de WEERD ~~ VOTED (TIE BREAKER) Attest: i liam G. Berg, Jr., Cit 1 Copy served upon Applicant, and City Attorney. r~ ~ ~1~/ - $~AL ;r ~ ,(~ - ~d~~T 18S ., Q,Z` \`: Y ,~ The Plannlf7g.,~p ~pnttlg Department, Public Works Department Weerd By:~~~A~~~.d/Y~. Dated: 9-2$-G$ City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAC-OS-015-PAGES CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. ~IJESTIONS? CALL (208) 884-5533 STAFF REPORT P & Z Commission Hearing 4 ~~ 1 Hearing Date: 9/1/2005 ~r:~,~ 4 fIFY'i1P TO: Planning & Zoning Commission `' FROM: Josh Wilson, Associate City Planner ~ u 17.rn I y! ~a, ~l. Michael Cole, Development Services Coordinator ~~,*:,, SUBJECT: Marce Subdivision Vacation 'qt" • VAC-OS-015 Vacate city water and sewer easements recorded as Instrument Nos. 103105409, 102156663, and 103007935. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant is requesting that the City of Meridian consent to the vacation of water and sewer easements recorded as part of IZrispy Kreme Subdivision, which has recently been re-subdivided as Marce Subdivision. 2. SUMMARY RECOMMENDATION: The Meridian Planning and Zoning Commission heard the item on September 1, 2005. At the public hearing they moved to recommend approval. a. Summary of Public Hearing: i. Iu favor: None. ii. hi opposition: None. iii. Commenting: None. iv. Staff presenting application: Michael Cole. b. Key Issues of Discussion by Commission: i. None. c. Key Commission Changes to Staff Recommendation: i. None. d. Outstanding Issue(s) for City Council: i. The applicant has submitted new easements to the Public Works Department that accurately depict and protect the existing facilities, satisfying Condition 2.1. 3. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 3070 Fairview Ave. 3N1E8 b. Owner: James R. Wylie 1676 N. Clarendon Way Eagle, Idaho 83616 c. Applicant: James R. Wylie 1676 N. Clarendon Way Eagle, Idaho, 83616 d. Representative: Scott Stanfield, Earl, Mason, & Stanfield <File Numbers To Be Added By Planner> PAGE 1 ~~ CITY OF MERIDIAN PLANNING t~ND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 e. Present Zoning: I-L f Present Comprehensive Plan Designation: Commercial 4. PROCESS FACTS a. The subject application will in fact constitute a vacation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 12 Chapter 10, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: September 12, 2005 and September 26, 2005 c. Radius notices mailed to properties within 300 feet on: September 5, 2005 d. Applicant posted notice on site by: September 22, 2005 5. LAND USE a. Existing Land Use(s): Vacant, proposed for commercial development b. Description of Character of Surrounding Area: A mix of existing and future commercial uses c. Adjacent Land Use and Zoning 1. North: Krispy I~reme Donuts, zoned I-L. 2. East: Red Robin restaurant, zoned I-L. 3. South: Commercial developments, zoned I-L. 4. West: Treasure Valley Business Center Subdivision, zoned I-L. d. History of Previous Actions: N/A e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Western boundary of project in common drive. Location of water: Westem boundary of project in common drive. Issues or concerns: Need new easements prior to vacating the existing easements. 2. Vegetation: NA 3. Flood plain: NA 4. Canals/Ditches Irrigation: NA 5. Hazards: NA 6. Proposed Zoning: I-L 7. Size of Property: 1.84 acres 8. Description of Use: Future commercial development 8. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation 1. An existing easement was recorded prior to installation of water and sewer facilities. The utilities were redesigned and render the existing easement unnecessary. Staff finds that the vacation of the easements will promote the continued development of <File Numbers To Be Added By Planner> PAGE 2 CITY OF MERiD1AN PLANNIN~ ,iND ZONING DEPARTMENT STAFF REPORT. ~~ESTIONS? CALL (208) 884-5533 the site and will promote the best interests of the City of Meridian. 9. PROPOSED MOTION Approve I move to approve File Number VAC-OS-015 as presented in the staff report for the hearing date of September 27, 2005. Deny I move to deny File Number VAC-OS-015 as presented in the staff report for the hearing date of September 27, 2005. 11. EXHIBITS A. Drawings 1. Areas to be Vacated B. Legal Description C. Conditions of Approval 1. Planning Department 2. Public Works Department <File Numbers To Be Added By Planner> PAGE 3 CITY OF MERIDIAN PLANNING r+ND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 A. Drawings 1. Areas to be Vacated - ~~ I ~ I ~% ~~~ ~ I ~ I IN~ ~ r ~ 1 L_~ I NailuE y. ~~a; ~l~ ~Q J ~~~i I~I ~~~~ ~~i ~ ~~° unm' k_ r ~ ~ ~ x~ B § ~ f~j grow=lr~f°j ~r.~. ,~ ~ - ysla 9~ 6 i ~:~ i G`.~ I I I ~~ Il4M' ~ f= 7' ~I - T -~ ~l,~ i ~~ e ~ N n v E ~_e F Iy,a I F M ~~k~ r r ~- r~~i ~r~ ~ ~r E~~~~ ~f1~ ~ V/~_'-rte I ~~ FFf ~ LI A3 tl I'aR S ®48~9J b~.pi. tS A.Y .B Gh BBL . i~ ~V~ ~,~_.~ R~ q 8~q~6 ~~~ ~~$~~ ~f ~ A~ pm 66 F x I~ A-I CITY OF MERIDIAN PLANNINU-.,ND ZONING DEPARTMENT STAFF REPORT. ~..dSTIONS? CALL (208) 884-5533 B. Legal Description i-_. _.. ,- -- PROFF_SSIOA'AI. ENGINEERS, LANL SURI~EYORS 8 PLANNERS 714 Onmw.n Srnme~ 7YLernon'e: (208) 454-0256 C,u,oe~erc, [unno 83605 Fpx: (208) 454-0979 &mal: rgraypr emands.nel FOIL: Retmy N'ylie JOD NO.: AP030S DATE: April 14, 2005 RE: Marce Subdivision PROPPRTY DESCRIPI'TON A parcel of land being a resubdivisien of 1.01 I Block 1, drd a portion of Lots 3 and 4 Blockl of Ktispy Kreme Subdivision as on Ille in Book 88 of Plats at Pages 10,167 through 10,169 in the Office of the Recorder of Ada County, Idaho. Said parcel located in the NE 1/4 of Section 8, Township 3 NOrih, Range I Easl, Boise Meridian, City of Meridian, Ada County Idaho, more particularly described as follows: Commencing al the Nh comer of said NE I/4, (section comer common to sections 4, 5, 6 and 9), said corner monunrented with a brass disk; Thence S. 01 ° OS' 45" N'., a distance of 155.50 feet along the easterly boundary of said NE 1/4 to a point; Thence N. 90° 00' 00" W., a distance of 70.01 feet to a pohtt on the westerly right of way of N. Eagle Road, said point also being on the northerly boundary of said Krispy Kreme Subdivision and is monomenled with a 5/8 inch diameter iron pin; Thence N. 56° 35' 07" W., a distance of 139.56 feel along the northerly boundary of said Knspy ICreme Subdivision to a 5/8 inch diameter iron pin; Thence N. 89° 35' I S" \','., a distance of 162.75 feet parallel with the centerline of Fairview Ave. and along the northerly boundar}' of said Krispy Kreme Subdivision to the POINT OF BIsGINNING, said point being the NE corner of said Lot 1 alyd is monumenled with a 5/6 inch diameter iron pin; Thence S. 0° 24' 4S' W, a distance of 202.00 feel peryendicular with the cetterline of Fairview Ave. and along the easterly boundary of said Lot 1 to the SW comer of Lol 2 of said Krispy Kreme Subdivision, said comer monumenled with a S/8 inch diameter iron pin; Thence S. 69° 3S 15" E., a distance of 46.68 feet parallel with the centerliue of Fairview Ave. and along the southerly boundary of said Lot 2 to a 5/6 inch diameter iron pin; Thence S. 0° 24' 45" W., a distance of 246.00 feel perpendicular with the centerline of Fain~iew Ave. to a point nn [he southerly boundary of said Lot 3, said point mommenled with a 5/6 inch dianteler iron pin; B-1 CITY OF MERIDIAN PLANNINL nND ZONING DEPARTMENT STAFF REPORT.(LrLfESTIONS? CALL (208) 884-5533 [sA11.,MG\OV R$IANFlELU INC. PNUFLSSIUT'.iL GA'ri/NEfRY, ruLVD.t'IIRNkPON$, S PI_INN5N5 Page 2 of r Marzr SubAivision-Wylie-APU3US\Suney\IegalsU3owdary.doo Thence N. 89° 3S 1 5" \4L, a distance of 199.38 feet parallel with the centerline ofFairview Ave. and along the southerly bcundary and southerly boundary extended of said Lot 3 to a point on the westerly boundary of said Krispy Krems Subdivision, said point monumented with a 5/8 inch diameter iron pin; Thence N. 0° 24' 45" E., a distance of 450.00 feet perpendicular with the centerline of Fabview Ave. and along the westerly boundary of said Krispy K.reme Subdivision to thcNW comer of said Krispy Krems Subdivision, said comer monwnenled with a 5/8 inch diameter iron pin; Thence S. 89° 3S' I S" E., a distance of 152.50 feet parallel with the centerline of Fairview Ave. and along (he northerly boundary of said Krispy Krems Subdivision to the POINT OE BEGINNING. This parcel contains 1.84 acres more or less. Also, this parcel is SDB.TECT TO all easements and rights-of-way of record or implied. B-2 f CITY OF MERIDIAN PLANNING eND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 C. Conditions of Approval 1. Planning Department No Comments. 2. Public Works Department 2.1 Prior to City Council, the applicant shall submit to the Public Works Department the new easements that accurately depict and protect the existing facilities. s-3 ~ ~ ~ ~~ ~~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a Request for Preliminary/Final Plat approval for three building lots and one common lot on 1.58 acres in an R-4 zone for Woodward Estates Subdivision, by Cortland Walker Case No. PFP-OS-004 For the City Council Hearing Date of: September 27, 2005 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecufive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code §67- 6509. The matters were duly considered by the City Council at the September 27, 2005, public hearing. The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing and issued a recommendation for approval to City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. PFP-OS-004 -PAGE 1 of 4 verified that the property owner of record at the time of issuance of these findings is Center Valley Homeowner's Association. 4. Required Findings per Zoning and Subdivision Ordinances a. See Exhibit E for the findings required for the Preliminary/Final Plat application. B. Conclusions of Law The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A, the Preliminary Plat dated 7/1/05 as shown in Exhibit B, the Final Plat dated 7/1/05 as shown in Exhibit C, and the Conditions of Approval in Exhibit D. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: The applicant's Preliminary and Final Plat as evidenced by having submitted the plats dated 7/1/05 are hereby conditionally approved; CITY OF MERIDIAN FINDINGS OF FACT, CONCLUS10N5 OF LAW AND DECISION & ORDER CASE NO. PFP-OS-004 -PAGE 2 of 4 2. The site specific and standard conditions of approval are as shown in Exhibit D. D. Notice of Final Action and Right to Regulatory Takings Analysis The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. E. Exhibits Exhibit A: Legal Description Exhibit B: Approved Preliminary Plat (7-1-05, with conditions) Exhibit C: Approved Final Plat (7-1-05, with conditions) Exhibit D: Preliminary/Final Plat Conditions of Approval (all agencies) Exhibit E: Preliminary/Final Plat Findings B ~ acti n of the City Council at its regular meeting held on the ~ ~ day of Qi /i... , 2005. COUNCIL MEMBER SHAUN WARDLE VOTED_yG~~- COUNCIL MEMBER CHRISTINE DONNELL VOTED~~` COUNCIL MEMBER CHARLIE ROUNTREE VOTED_~ COUNCIL MEMBER KEITH BIRD VOTED~`- MAYOR TAMMY de WEERD VOTED (TIE BREAKER) CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. PFP-OS-004 -PAGE 3 of 4 Copy served upon Applicant, The Planning and~~6Y17h1g'lyepartrnent, Public Works Department and City Attorney. By:~~ Dated: 9-29-OS City Clerk's Office Mayo~,~ '"' ~ ~ ~ ~ ~ ' 'W,~erd Attest: ~~, " 0 $gAL / - q William G. Berg, Jr., City erk ~ ~~ ~p `~ 9p~ • ~Q.~``; CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. PFP-OS-004 -PAGE 4 of 4 EXHIBIT A Woodward Estates Subdivision PFP-OS-004 Legal Description CERTIFICATE OF OWI._~~ KNOW ALL MEN BY THESE PRESENTS: THAT CENTRE VALLEY HOMEOWNERS ASSOCIATION DOES HEREBY CERTIFY THAT THEY ARE THE OWNER OF THE REAL PROPERTY DESCRIBED BELOW AND THAT THEY INTEND TO INCLUDE SAID LAND IN THIS SUBDIVISION: A PARCEL OF LAND LYING IN THE NWl/4 OF SECTION 13, T.3N„ R.1 W., BOISE MERIDIAN, ADA COUNTY, IDAHO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND BRASS CAP MARKING THE SECTON CORNER COMMON TO SECTIONS 11, 12, 13 AND 14, T.3N., R.1 W., BOISE MERIDIAN, ADA COUNTY, IDAHO, SAID BRA55 CAP ALSO LYING ALONG W. FRANKLIN ROAD; THENCE 5.09'49'00"E. 1307.27 FEET (FORMERLY 1307.00 FEET) ALONG THE NORTH BOUNDARY OF THE SAID NWI/4 OF SECTION 13 AND ALONG SAID W. FRANKLIN ROAD TO A POINT MARKING THE INTERSECTION OF THE SAID NORTH BOUNDARY OF THE NW7/4 OF SECTION 13 AND THE CENTERLINE OF S WEST 12TH AVENUE, SAID POINT BEARS N.89'49'00"W. 1344.21 FEET FROM A FOUND BRASS CAP MARKING THE N1 /4 CORNER OF SAID SECTION 13; THENCE 5.00'00'00"W. 215.09 FEET ALONG THE SAID CENTERLINE OF S. WEST 12TH AVENUE TO A POINT; THENCE 5.90'00'00"W. J0.00 FEET TO A FOUND 5/B" IRON PIN LYING ALONG THE WESTERLY RIGHT OF WAY OF SAID S. WEST 12TH AVENUE, SAID PIN ALSO MARKING THE REAL POINT OF BEGINNING; THENCE 5.00'00'00"W. 313.43 FEET ALONG 1HE SAID WESTERLY RIGHT OF WAY OF S. WEST 12TH AVENUE TO A SET 5/e" IRON PIN MARKING THE NE CORNER OF LOT 4, BLOCK 1, FENWAY PARK SUBDIVISION, AS RECORDED IN BOOK 80 OF PLATS AT PAGES 5930 AND 5931, RECORDS OF ADA COUNTY, IDAHO; THENCE N.69'38'32"W. 250.00 FEET ALONG THE NORTH BOUNDARY OF SAID FENWAY PARK SUBDIVISION AND ALONG THE NORTH BOUNDARY OF CREST WOOD ESTATES SUBDIVISION NO. 5, AS RECORDED IN BOOK 57 OF PLATS AT PAGES 5365 AND 5366, RECORDS OF ADA COUNTY, IDAHO, TO A SET 5/8" IRON PIN MARKING THE NW CORNER OF LOT 30, BLOCK 4, OF SAID CREST WOOD ESTATES SUBDIVISION N0. 5; THENCE N.00'00'00"E. 165.00 FEET ALONG A PORTION OF THE EAST BOUNDARY OF LOT 29, BLOCK 4, OF SAID CREST WOOD ESTATES SUBDIVISION N0. 5 AND ALONG THE EAST BOUNDARY OF LOT 18, BLOCK 4, CREST WOOD ESTATES SUBDIVISION N0. 4, AS RECORDED IN BOOK 56, PAGE 5239 AND 5240, RECORDS OF ADA COUNTY, IDAHO, TO A SET 5/8" IRON PIN; THENCE 5.69'38'32"E. 76.63 FEET TO A FOUND 5/8" IRON PIN THENCE N.01'O6'O6"E. 133.46 FEET TO A FOUND 5/e" IRON PIN LYING ALONG A CURVE TO THE LEFT AND ALSO LYING ALONG THE SOUTHERLY RIGHT OF WAY OF W. CREST WOOD DRIVE; THENCE ALONG THE SAID SOUTHERLY RIGHT OF WAY OF W. CREST W000 DRIVE THE FOLLOWING COURSES AND DISTANCES: ALONG SAID CURVE TO THE LEFT, A DISTANCE OF 14.60 FEET, SAID CURVE HAVING A DELTA OF 04'09'52", A RADIUS OF 200.84 FEET, TANGENTS OF 7.30 FEET AND A LONG CHORD OF 14.59 FEET WHICH BEARS N.62'04'56"E. TO A SET 5/8" IRON PIN MARKING A POINT OF REVERSE CURVE TO THE RIGHT; THENCE ALONG SAID CURVE TO THE RIGHT, A DISTANCE OF 105.84 FEET, SAID CURVE HAVING A DELTA OF 30'00'00", A RADIUS OF 202,13 FEET, TANGENTS OF 54.16 FEET AND A LONG CHORD OF 104.63 FEET WHICH BEARS N.75'00'00"E. TO A SET 5/e" IRON PIN MARKING THE POINT OF ENDING OF SAID CURVE; THENCE N.90'00'00"E. 36.84 FEET TO A SET 5/8" IRON PIN MARKING A POINT OF CURVE TO THE RIGHT; THENCE LEAVING THE SAID SOUTHERLY RIGHT OF WAY OF W. CREST WOOD DRIVE AND ALONG SAID CURVE TO THE RIGHT, A DISTANCE OF 31.42 FEET, SAID CURVE HAVING A DELTA OF 90'00'00", A RADIUS OF 20.00 FEET, TANGENTS pF 20.00 FEET AND A LONG CHORD OF 28.28 FEET WHICH BEARS 5.45'00'00"E. TO THE POINT OF ENDING OF SAID CURVE AND ALSO THE POINT OF BEGINNING, CONTAINING 1.58 ACRES, MORE OR LESS. l EXHIBIT B Woodward Estates Subdivision PFP-OS-004 Preliminary Plat ~:,- - - - ~y_.__.-_- .u~„~m.n: 6 ~~ /~/~°~ d ~l ,+ .._. E a "e c 1 I 1 6 1 I 0 I m-. I . ~ I` BLOCK I e~~ n~.. __ -__~ __..- .-_~ rO '~ a PRELIMINARY PLAT ~ I~ wo~ES OF ' a...° '°" WOODWARD ESTATES SU6OIVISION ® ~*~ ~~I' ~~~I ~.I '~ s° ~,. a.w°p .m„ ~. .., .~. a_n . E I ~ I ® . NNER _ e.+~.nu~v v if~ o ~~ ..m ~w. m 0 ° 4 u ~w mPIIGNI ~ ~ m ~ u ~ , - 4 ' M EER: £ i SEMR Ilp QYNx.16E iW M/.Rgl ~~ ..nn ~ n .vnen . j a.i-ma u °..~~ P1C K SRRyEYCq e a... o.v.~ ~ ~a ~ w ~ m E 4 N N . m w ~ ~ 'i ~ ,o ~ ~ ... e.°ra.,. ~ _$~ ~ ~ ~~ ~ ~~~. EXHIBIT C Woodward Estates Subdivision PFP-OS-004 Approved Final Plat WOODWARD ESTATES SUBDIVISION A PMCEI C! lM1O IYIXG IN 1NE NWI/1 Cf SCCNdI I], i]N., fl.IW. 985E NExIgAN. m of MEreIGIArv, nG. Guurr, loulG zoo, m~~~ ~~_ _- w rxnxxux xanG_ ~'I _-~~«..~ rb'.3"' ~ r~ z waoo onl~ w EaESr w e n L ~ ~~ / / k ~ ~ ~ ° ~~ _~~ W ~~ _- P _ - rM.e~ ., r _ .I 5 iGr I ~qr a ..c w~ iaaei ,~_-__ -_.~ - ____~ I I,X ,~a,~ G 8' IGi 1 I ; ?I ~.I BLOCK 1 ICI II I I I ~ 9Y']9]Yx. W CXESi Xf/.ID EslAi6 NO N0.5 3 rEXWAY PAbt SN9 I3 ut I 9OpK SAGE . auol~ I~~ww r. o.~~..~.~r., mwrnr ~.. m,. ..-.~.wa. ~mlre„~. ortcmc o~. f ~~~4 s . 1~-K ns LECENO ama , > • ~p ur ~ I sME m rec. v r ,/, ..o, ~., - .._.~..a. ~ I , o.n uuvwo MAflNS eANO SUR4FtlNL, INi CGELECN MARNS,~ S J015 9mL~ OY. GUp suii I W x ..~ .^ m. !'ml os>e-rw rt .. EXHIBIT D Woodward Estates Subdivision PFP-OS-004 Conditions of Approval SITE SPECIFIC CONDITIONS (PRELIMINARY PLAT/FINAL PLAT) 1. Delete Note #8 of the Preliminary Plat. Any trees removed from the site must comply with the tree preservation/mitigation ordinance (MCC 12-13-13). 2. Sign the Certificate of Owners and notarize the accompanying Acknowledgment (Sheet 2 of the final plat). 3. Sanitary sewer and water service to this development is being proposed via service line extensions from the existing City of Meridian mains adjacent to the project. Assessment fees will be determined during the building permit process. 4. The applicant shall submit construction plans for all proposed improvements to the Public Works department 10 days prior to their City Council date. 5. Pressurized irrigation within this development is being proposed via extension of the Centre Valley HOA system, the applicant shall provide written documentation that they have permission for connecting into those services. 6. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 7. All development improvements, including but not limited to sewer, fencing, pressurized irrigation shall be installed and approved prior to obtaining certificates of occupancy. 8. A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, pressurized irrigation, sanitary sewer, water, etc., print to signature on the final plat. 9. Final plat shall be recorded prior to applying for building permits. lO.If applicable, all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can not be obtained, plans will be reviewed and approved by the City Engineer prior to final plat signature. ( ~ 11. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigafion. 12. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 13. Developer shall coordinate mailbox locations with the Meridian Post Office. 14. Add the Central District Health Department's Certificate to the face of the plat. 15. Add an arrow to depict the front orientation of the home on Lot 2, Block 1 towards W. Crest Wood Drive, and add arrow symbol to the plat legend. 16. Increase the width of the easements common to Lots 1 & 3, Block 1, and the south side of Lot 2, Block 1 to 10 feet, as these will be the rear lot lines. 17. Please add or revise the following final plat notes: (4.)...exterior subdivision boundary, and rear lot lines as shown hereon. (6.) Delete (7.) Delete (10.) Delete (covered by Note #2) (Add) The owner of each lot across which passes an irrigation drainage ditch or pipe, is responsible for the maintenance thereof, unless such responsibility has been assumed by an irrigation/drainage district. (Add) The bottom elevation of structural foofings shall be set a minimum of 12 inches above the highest established normal groundwater elevation. 18. Staffls failure to cite specific ordinance provisions does not relieve the Applicant of responsibility for compliance. FIRE DEPARTMENT 1. One and two family dwellings will require afire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500' apart. International Fire Code Appendix C 2. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Deparhnent for bacteria testing. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on comers when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. .Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 4. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 5. Operafional fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 6. All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 7. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Secfion 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). SANITARY SERVICES CO. 1. SSC has no comment on the application. EXHIBIT D Woodward Estates Subdivision PFP-OS-004 Conditions of Approval SITE SPECIFIC CONDITIONS (PRELIMINARY PLAT/FINAL PLAT) 1. Delete Note #8 of the Preliminary Plat. Any trees removed from the site must comply with the tree preservation/mitigation ordinance (MCC 12-13-13). 2. Sign the Certificate of Owners and notarize the accompanying Acknowledgment (Sheet 2 of the final plat). 3. Sanitary sewer and water service to this development is being proposed via service line extensions from the existing City of Meridian mains adjacent to the project. Assessment fees will be determined during the building perrnit process. 4. The applicant shall submit construction plans for all proposed improvements to the Public Works department 10 days prior to their City Council date. 5. Pressurized irrigation within this development is being proposed via extension of the Centre Valley HOA system, the applicant shall provide written documentation that they have permission for connecting into those services. 6. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 7. All development improvements, including but not limited to sewer, fencing, pressurized irrigation shall be installed and approved prior to obtaining certificates of occupancy. 8. A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, pressurized irrigation, sanitary sewer, water, etc., priot to signature on the final plat. 9. Final plat shall be recorded prior to applying for building permits. lO.If applicable, all in-igation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 12-4-13. Plans will need to be approved by the appropriate irrigation drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can not be obtained, plans will be reviewed and approved by the City Engineer prior to final plat signature. 11. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 12. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 13. Developer shall coordinate mailbox locations with the Meridian Post Office. 14. Add the Central District Health Department's Certificate to the face of the plat. 15. Add an arrow to depict the front orientation of the home on Lot 2, Block 1 towards W. Crest Wood Drive, and add an-ow symbol to the plat legend. 16. Increase the width of the easements common to Lots 1 & 3, Block 1, and the south side of Lot 2, Block 1 to 10 feet, as these will be the rear lot lines. 17. Please add or revise the following final plat notes: (4.)...exterior subdivision boundary, and rear lot lines as shown hereon. (6.) Delete (7.) Delete (10.) Delete (covered by Note #2) (Add) The owner of each lot across which passes an irrigation/drainage ditch or pipe, is responsible for the maintenance thereof, unless such responsibility has been assumed by an irrigation/drainage district. (Add) The bottom elevation of structural footings shall be set a minimum of 12 inches above the highest established normal groundwater elevation. 18. Staffls failure to cite specific ordinance provisions does not relieve the Applicant of responsibility for compliance. FIRE DEPARTMENT 1. One and two family dwellings will require afire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500' apart. International Fire Code Appendix C 2. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %Z" outlet face the main street or parking lot aisle. r b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 4. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 5. Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 6. All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 7. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automafic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automafic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). SANITARY SERVICES CO. 1. SSC has no comment on the application. EXHIBIT E Woodward Estates Subdivision PFP-OS-004 Required Preliminary Plat Findings PRELIMINARY PLAT FINDINGS Meridian City Code (MCC) 12-3-3 J.2 and 12-3-5 D read as follows: "In determining the acceptance of a proposed subdivision, the Commission/Council shall consider the objectives of this title and at least the following: a. The conformance of the subdivision with the Comprehensive Development Plan; City Council finds the proposed subdivision to be in conformance with the Comprehensive Plan. The Future Land Use map designates the property as Medium Density Residential. The Plan includes several policies which encourage infill development and constructing compatible uses (see Chapter VII, pg. 102, Goal I, Obj. C, Policy #2 and Chapter VII, pg. 106, Goal IV, Obj. C, Policy #1, 4 and 7). Existing zoning on the property is R-4 and the subject plat is intended for residential development. b. The availability of public services to accommodate the proposed development; City Council finds that public services are available to accommodate the proposed development. Water and sewer services are proposed to be extended into each lot from adjacent streets. Fire, police, solid waste and irrigation services are all adequate. The adjacent public roadways have been completed to the required design and approach standards. c. The continuity of the proposed development with the capital improvement program; City Council finds that the subdivision will not require the expenditure of capital improvement funds. All required utilities are either in place or will be the responsibility of the developer. d. The public financial capability of supporting services for the proposed development; City Council finds that the development will not require major expenditures for providing supporting services. The developer and/or future lot owners will finance the extension of sewer, water, utilities and pressurized irrigation to serve the project. The primary public costs to serve the future residents will be fire and police services. e. The other health, safety or environmental problems that may be brought to the Commission's attention. City Council finds that there should not be any other health, safety or environmental problems associated with this subdivision. ~~s ~ c~ , ~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Annexation and Zoning of 4.99 acres from RUT (Ada County) to R-8 AND Preliminary Plat Approval of 16 building lots and 1 common lot on 4.99 acres, for Pisa Place Subdivision, by Howard Jenkins. Case No(s): AZ-OS-039, PP-OS-038 For the City Council Hearing Date of: September 27, 2005 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code §67- 6509. The matter was duly considered by the City Council at the September 27, 2005, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-039 / PP-OS-038 -PAGE 1 of 4 a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner(s) of record at the time of issuance of these findings is Howard Jenkins. 4. Required Findings per Zoning and Subdivision Ordinance a. See the staff report attached as Exhibit A for the findings required for these applications. B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. That this approval is subject to the Legal Descripfions in Exhibit A, the Preliminary Plat as shown in Exhibit A, the Annexation and Zoning Comments as shown in Exhibit A, and the Preliminary Plat Site Specific and Standard Conditions as shown in Exhibit A. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DEC1510N & ORDER CASE NO(S). AZ-OS-039 / PP-OS-038 -PAGE 2 of 4 ~.. 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated July 6, 2005 is hereby conditionally approved; 2. The Site Specific and Standard Conditions are as shown in Exhibit A. D. Notice of Applicable Time Limits 1. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that after the date of approval of the preliminary plat, the owner or developer shall have one year within which to file the request for approval of the final plat. After approval of final plat, the owner or developer shall have one year to begin construction of the public utilities and one year thereafter to complete construction of those public facilities. (MCC 12-2-4.B & C.) E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the condifional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Exhibits Exhibit A: Staff Report ~ ~ y action of the City Council at its regular meeting held on the ~ day of 2005. COUNCIL MEMBER SHAUN WARDLE VOTED__~~`' COUNCIL MEMBER CHRISTINE DONNELL VOTED__~~!'" COUNCIL MEMBER CHARLIE ROUNTREE VOTED__~'.{'"' CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-039 / PP-OS-038 -PAGE 3 of 4 COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) Attest: William G. Berg, Jr., Cit Cle Copy served upon Applicant, The and City Attorney. ~~ ~,l pr Ft~h~~ •,,, 3~ ~'~e:ha 9J ,.p v~ ~` ~o GS ~ i3S VOTED_ 1~~ VOTED Weerd Public Works Deparhnent By: ~UJ~GI y1(L~p.~ Dated: G1-28-OS City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-039 / PP-OS-038 -PAGE 4 of 4 CITY OF MERIDIAN PLANNINI, aND ZONING DEPARTMENT STAFF REPORT. (LJESTIONS? CALL (208) 884-5533 STAFF REPORT TO: FROM: SUBJECT: City Council Hearing Hearing Date: 9/27/2005 Mayor, City Council Josh Wilson, Associate City Planner Michael Cole, Development Services Coordinator '`~"''"I'~^~"~'""".r{y? Pisa Place Subdivision • PP-OS-038 Preliminary plat approval of 16 single family building lots and 1 comrnon lot on 4.99 acres • AZ-OS-039 Annexation and zoning of 4.99 acres from RUT to an R-8 zone ,. .` \:x dy ~f,;, 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Howard Jenkins, has applied for Annexation and Zoning (AZ) and Preliminary Plat (PP) approval of 16 building lots and 1 common/other lot on 4.99 acres. The site is located on the west side of S. Locust Grove Road approximately one-half mile south of Victory Road. This site is currently rural residential with one single family residential building. The site has not been previously platted. 2. SUMMARY OF PLANNING AND ZONING COMMISSION HEARING • On September 1, 2005, the Planning & Zoning Commission made a recommendation for approval on the subject application, as reflected in the Clerk's record and the minutes and duly considered the evidence and the record in this matter. • Staff presenting application: Josh Wilson presented the application. • In favor: Kent Brown, Briggs Engineering • In opposition: None. • Commenting: None. • Key Commission Changes to Staff Recommendation: o Add Condition 1.1.8 which states: "The applicant shall submit a recorded cross access agreement with the property to the north if the driveway for access to the existing home on Lot 7, Block of Pisa Place Subdivision is placed on Lot 11, Block 6 of Chatsworth Subdivision." • Outstanding Issues for City Council: o None. 3. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 3893 S. Locust Grove Road / W. side of Locust Grove Road, south of Victory Road 3N1E30 b. Owner: i 13Y I11- L ~~" ~ ~~ C~ri~r~rr . AZ-OS-039, PP-OS-038 PAGE 1 CITY OF MERIDIAN PLANNING ~QD ZONING DEPARTMENT STAFF REPORT. QLBSTIONS? CALL (208) 884-5533 Howard Jenkins 6951 Pearl Road Eagle, Idaho 83616 c. Applicant: Howard Jenkins 6951Pear1 Road Eagle, Idaho, 83616 d. Representative: Kent Brown, Briggs Engineering e. Present Zoning: COUNTY f Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: 1. Date of preliminary plat (attached as Exhibit Al ): 7/06/05 2. Date of landscape plan (attached as Exhibit A2): 7/11/05 h. Applicant's Statement/Justification (reference submittal material): The applicant has submitted a statement with the application which states that the request is consistent with the Comprehensive Plan and is an extension of the existing neighborhood which achieves a nice blend of lots and protects the existing home. 4. PROCESS FACTS a. The subject application will in fact constitute an annexation and/or rezone as detemdned by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 16, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 12 Chapter 3, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: September 12, 2005 and September 26, 2005 d. Radius notices mailed to properties within 300 feet on: September 5, 2005 e. Applicant posted notice on site by: September 22, 2005 5. LAND USE a. Existing Land Use(s): Agricultural w/ a rural residence b. Description of Character of Surrounding Area: Mixture of agricultural and residential c. Adjacent Land Use and Zoning 1. North: Chatsworth Subdivision, zoned R-8 2. East: Locust Grove Road and Tuscany Lakes Subdivision, zoned R-4 3. South: Agricultural lands, zoned RUT (Ada County) 4. West: Chatsworth Subdivision, zoned R-8. AZ-OS-039, PP-OS-038 PAGE 2 l CITY OF MERIDIAN PLANNING eiND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 d. History of Previous Actions: N/A e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Mains stubbed into property from Chassworth Subdivision. Location of water: Mains stubbed into property from Chatsworth Subdivision. Issues ar concerns: None. 2. Vegetation: Mature trees around existing residence 3. Flood plain: NA 4. Canals/Ditches Irrigation: NA 5. Hazards: NA 6. Proposed Zoning: R-8 7. Size of Property: 4.99 acres 8. Description of Use: Single family residential f Subdivision Plat Information 1. Residential Lots: 16 2. Non-residential Lots: N/A 3. Total BuIlding Lots: 16 4. Common Lots: 1 5. Other Lots: N/A 6. Total Lots: N/A 7. Open Lots: N/A 8. Residential Area: 4.99 acres 9. Gross Density: 3.21 units per acre g. Landscaping 1. Width of street buffer(s): 20 feet on S. Locust Grove required (iTrban Collector); applicant has shown 25 feet on Preliminary Plat. 2. Percentage of site as open space (PP and PD applications): Subdivisions of properties which are less than 5 acres do not have a required open space percentage, however, the applicant has proposed detached sidewalks and parkways which will function as roadside stormwater infiltration swales. h. Proposed and Required Residential Setbacks: per the R-8 zone i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): 1. The applicant has proposed to take access from an internal roadway (E. Pisa Street) within the proposed Chatsworth Subdivision which has been approved, but not constructed, as of the date of this report. The applicant has proposed a public road system with right-of--way width of 64 feet and detached sidewallcs with 8 foot parkways which will function as roadside stormwater infiltration swales. AZ-OS-039, PP-OS-038 PAGE 3 ( ~ CITY OF MERIDIAN PLANNING nND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 6. AGENCY COMMENTS MEETING On August 12, 2005 staff held an agency comments meeting. Staff has included all comments and recommended actions as Conditions of Approval from the meeting attached as Exhibit B. 7. COMPREHENSIVE PLAN POLICIES AND GOALS Staff finds that the proposed zoning designation, R-8, is harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the land to be Medium Density Residential. There is a maximum density of 8 dwelling units per acre in the Comprehensive Plan; the proposed gross density of Pisa Place Subdivision is 3.21 dwelling units per acre. Staff fmds the following 2002 Comprehensive Plan text policies to be applicable to this application (staff analysis is in italics belowpolicy): • Require that development projects have planned for the provision of all public services (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject properties. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: • Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdtcfion of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. Fire and Emergency Medical Services will be provided by Meridian City Fire Station #1 and the project lies within the Meridian Fire Department's five-minute response zone. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed, the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACRD). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue lass as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning and Zoning Department, Meridian Utility Billing Services, and Sanitary Services Company. Support a variety of residential categories (low-, medium-, and high-density single family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities (Chapter VII, Goal IV, Objective C, Action 10) The subject property is designated Medium-Density Residential on the Future Land Use Map which identifies this area as an appropriate area far medium-density residential development. This proposal meets the Comprehensive Plan definition of medium-density, with a gross density of 3.21 dwelling units per acre. • Restrict curb cuts and access points on collectors and arterial streets (Chapter VII Goal IV AZ-OS-039, PP-OS-038 PAGE 4 ~ ~ CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUCSTIONS? CALL (208) 884-5533 Objective D Action 2). The applicant has not proposed a curb cut on Locust Grove Roacl, which is a collector, and the subdivision will take access from roads within Chatsworth Subdivision. • Require appropriate landscape and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.). (Chapter VII Goal IV Objective D Action 5). The applicant has provided a 25 foot landscape buffer along S Locust Grove Road, which exceeds the required buffer along Urban Collector roadways, such as S Locust Grove Road. The buffer will be planted with vegetation consistent with Meridian City Code. Staff finds that the proposed R-8 zoning designation is harmonious with and in accordance with the 2002 Comprehensive Plan 8. ZONING ORDINANCE a. Zoning Schedule of Use Control: Meridian City Code 11-2-1 lists single family detached houses as a permitted use in the R-8 zoning district. b. Purpose Statement of Zone: R-8 Medium Density Residential District: The purpose of the R-8 district is to permit the establishment of single- and two-family dwellings at a density not exceeding eight (8) dwelling units per acre. This district delineates those areas where such development has or is likely to occur in accord with the comprehensive plan of the city and is also designed to pemut the conversion of large homes into two-family dwellings in well- established neighborhoods of comparable land use. Connection to the municipal water and sewer systems of the city is required. 9. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation ANNEXATION & ZONING ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed residential subdivision. Please see Exhibit D for detailed analysis of facts and findings. 1. The annexation legal description submitted with the application (stamped on 7/06/05 by Wayne K. Barber, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 2. Any future subdivision, uses and construction on this property shall comply with the City of Meridian ordinances in effect at the time. PRELIMINARY PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed townhouse residential products. Please see Exhibit D for detailed analysis of facts and findings. Street Buffer along S. Locust Grove Road: The applicant has proposed a 25 foot landscape buffer along S. Locust Grove Road which exceeds the 20 foot buffer required by ordinance. The landscape plan submitted with the application shows trees and vegetative groundcover which complies with Meridian City Code. See Site Specific Condition 1.1.2. AZ-OS-039, PP-OS-038 PAGE 5 CITY OF MERIDIAN PLANNINh r~ND ZONING DEPARTMENT STAFF REPORT. (1JESTIONS? CALL (208) 884-5533 2. Parkwavs: The applicant has proposed to construct detached sidewalks with 8 foot parkways which will serve as roadside stormwater infiltration swales. The submitted landscape plan does not show the proposed landscaping for the parkways and the applicant should be required to revise the landscape plan to show how the parkways will be landscaped. See Site Specific Condition 1.1.3. 3. Tree Mitieation: There are several large trees on this site that the applicant is proposing to remove or relocate. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that are removed (MCC 12-13-13-3). The applicant should coordinate a tree protection/rnitigation plan with Elroy Huff at the Meridian Park Department. See Standard Condition 1.2.7. 4. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments far the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with MCC 12-13-8 and MCC 9-1-28. See Site Specific Condition 1.2.4. 5. Fencing: The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences should taper down to 3 feet maximum within 20 feet of all right-of- way. All fencing should be installed in accordance with MCC 12-4-10. See Site Specific Condition 1.2.6. b. Staff Recommendation: Staff recommends approval of AZ-OS-039 and PP-OS-038 for Pisa Place Subdivision as presented in the staff report dated September 1, 2005 based on the Findings of Fact as listed in Exhibit D and subject to the conditions of approval as listed in Exhibit B as attached to this report. Staff has prepared findings consistent with this recommendation. 10. PROPOSED MOTION Approve I move to approve File Number AZ-OS-039 and PP-OS-038 as presented in the staff report for the hearing date of September 27, 2005 and in the preliminary plat dated July 7, 2005, with the following modifications to the conditions of approval: (add any proposed modifications). Deny I move to deny File Number AZ-OS-039 and PP-OS-038 as presented in the staff report for the hearing date of September 27, 2005 and in the preliminary plat dated July 7, 2005, for the following reasons: (you must state specific reasons for denial. They should address how the applicant might re-do the application to gain your recommendation for approval.) 11. EXIIIBITS A. Drawings AZ-OS-039, PP-OS-038 PAGE 6 CITY OF MERIDIAN PLANNING fvQD ZONING DEPARTMENT STAFF REPORT. QUr.STTONS? CALL (208) 884-5533 1. Preliminary Plat (dated: July 6, 2005) 2. Landscape Plan (dated: July 11, 2005) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Legal Description D. Required Findings from Zoning Ordinance AZ-OS-039, PP-OS-038 PAGE 7 CITY OF MERIDIAN PLANNING iuvD ZONING DEPARTMENT STAFF REPORT. QUnST1ONS? CALL (208) 884-5533 A. Dra wings 1. Preliminary Plat (dated: July 6, 2005) ~ ~,~' ~I iep ~ i I tl ~ p 1` a%I`. 9I s ~., - ~~~. -~ ~ 'r ~, 4a' ~ ~ i ~ ~~ ~ ~ ^ - ~ 7~ a "- I I ~ _ ~ . Ic ' ~ i ~~ __ _. 9i--- ----- - r e _ - ` ~...~ I x i L I I } f ~ ( ~ ~ ~ ~ ;+ ~ _ _ . 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A-2 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT 1.1.1 The preliminary plat labeled as PRE-1 prepared by Briggs Engineering, dated July 7, 2005, is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation/Zoning (AZ-OS-039) shall also be considered conditions of the Preliminary Plat (PP-OS-038). 1.1.2 The applicant shall provide a 25 foot landscape buffer along S. Locust Grove Road as depicted on the submitted landscape plan dated July 11, 2005. 1.1.3 The applicant shall modify the landscape plan to reflect the following: • Demonstrate visually the transition from the attached sidewalks on E. Pisa Street to the detached sidewalks on E. Pisa Court and Leaning Tower Place. • Depict the parkway landscaping and any street trees proposed. 1.1.4 Other that the changes above, the approved landscape plan is not to be altered without prior written approval of the Planning & Zoning Department. 1.1.5 All road drainage shall be contained on site in the drainage swales as depicted. 1.1.6 Maintenance of all common areas shall be the responsibility of the Pisa Place Subdivision Homeowners' Association. 1.1.7 Duect lot access to S. Locust Grove Road is prohibited. A note shall be placed on the final plat restricting access to S. Locust Grove Road. 1.1.8 The applicant shall submit a recorded cross access a¢eement with the pronertv to the north if the driveway for access to the existine home on Lot 7, Block of Pisa Place Subdivision is placed on Lot 11, Block 6 of Chatsworth Subdivision. 1.2 GENERAL REQUIREMENTS-PRELIMINARY PLAT 1.2.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to MCC 12-13-10-8. 1.2.2 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to MCC 12- 13-14 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under MCC 12-13- 14. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of MCC 12-13-14, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of fmal construction. 1.2.3 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection [o [he culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the B-1 CITY OF MERIDIAN PLANNIN eND ZONING DEPARTMENT STAFF REPORT. ~l?UESTIONS? CALL (208) 884-5533 common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with MCC 12-13-8 and MCC 9-1-28. 1.2.4 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application. 1.2.5 The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences should taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing should be installed in accordance with MCC 12-4-10. 1.2.6 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.2.7 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 12-4-13, unless otherwise approved by Settlers Irrigation District. Plans will need tc be approved by the appropriate irrigation drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.2.8 Staffs failure to cite specific ordinance provisions or terms of the approved annexation conditional use does not relieve the applicant of responsibility for compliance. 1.2.9 Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. 2. PUBLIC WORKS 2.1 Sanitary sewer to this development is being proposed via an extension of mains currently being installed in Chatsworth subdivision. The applicant shall be responsible to construct all mains necessary to provide service, coordinate main size and routing with the Public Works Department. Cover over sewer mains shall be no less than three feet measured from top of pipe to finish grade. If cover is less than three feet from top of pipe to sub-grade, alternate pipe materials shall be used per the Meridian Public Works Standard Specifications. 2.2 Water service to this site is being proposed via extensions of mains currently being installed in Chatsworth subdivision to the west. The applicant shall be responsible to construct all mains necessary to serve this development, mains size and routing to be coordinated with the City of Meridian Public Works Department. 2.3 The applicant has indicated that the pressure irrigation system in this development will be owned and operated by Nampa and Meridian Irrigation District. Evidence of a license agreement shall be submitted to Public Works prior to scheduling of apre-construction meeting. 2.4 Any domestic wells and/or septic systems and appurtenances within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. B-2 CITY OF MERIDIAN PLANNING ~ruJD ZONING DEPARTMENT STAFF REPORT. Q ESTIONS? CALL (208) 884-5533 2.5 The applicant shall be responsible for the payment of sewer and water assessments, as well as the actual physical connection to the municipal services for the existing home. 2.6 Any existing buildings that do not meet the new setback requirements shall be removed prior to the City Engineer's signature on the fmal plat. 2.7 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.8 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the fmal plat. 2.9 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.10 Applicant shall be required to pay Public Works development plan review, and constmction inspection fees, as determined during the plan review process, prior to signature on the fmal plat per Resolution 02-374. 2.11 Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. 2.12 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.13 Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. 2.14 App]icant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.16 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. FIRE DEPARTMENT 3.1. One and two family dwellings will require afire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500' apart. International Fire Code Appendix C 3.2. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. B-3 ( 1 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUnSTIONS? CALL (208) 884-5533 3.3.1. Fire Hydrants shall have the 4 %" outlet face the main street or parking lot aisle. 3.3.2. The Fire hydrant shall not face a street which does not have addresses on it. 3.3.3. Fire hydrant markers shall be provided per Public Works spec. 3.3.4. Locations with fue hydrants shall have the curb painted red 10' to each side of the hydrant location. 3.3.5. Fire Hydrants shall be placed on corners when spacing pemrits. 3.3.6. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 3.3.7. Fire hydrants shall be place 18" above finish grade. 3.3.8. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 3.4. All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 3.5. Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.6. The Fire Dept. has concerns about the ability to address the project and have the addresses visible from the street which the project is addressed off o£ Please contact Joe Silva (888-1234) to address this concern prior to the public hearing. 3.7. All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.8. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). 3.8.1. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). 3.8.2. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. POLICE DEPARTMENT No comment received. 5. PARKS DEPARTMENT 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13-6) will be followed. 5.2 Standard Plan far Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be followed. 6. SANITARY SERVICE COMPANY SSC has no comments related to this application. 7. ADA COUNTY HIGHWAY DISTRICT A. Site Specific Conditions of Approval 1. Constmct Locust Grove Road to one-half of a 46-foot street section with curb, gutter and 5-foot wide detached concrete sidewalk. Dedicate 35-feet ofright-of--way from the centerline of the roadway. The applicant will not be paid for the right-of--way because it is a collector roadway. 2. Construct cul-de-sac turnarounds at the terminus of East Pisa Court and Leaning Tower Place with a minimum turning radius of at least 45-feet, as proposed. 3. Connect East Pisa Court with East Pisa Street at the west property line approximately 100-feet north of the south property line, as proposed. B-4 CITY OF MERIDIAN PLANN1Nb eND ZONING DEPARTMENT STAFF REPORT. (2vESTIONS? CALL (208) 884-5533 4. Construct Leaning Tower Place with 32-feet of pavement, 2-foot ribbon curb, minimum 8-foot drainage swales and 4-foot concrete detached sidewalks, within 64-feet of right-of-way, as proposed. 5. Construct the east side of East Pisa Court with 32-feet of pavement, 2-foot ribbon curb, minimum 8-foot drainage swales and 4-foot concrete detached sidewalks, within 64-feet ofright-of--way, as proposed. 6. Construct the west side of East Pisa Court with a 36-foot street section within 50-feet of right-of- waywith 5-foot concrete attached sidewalks, curb and gutter, as proposed. 7. Direct lot or parcel access to Locust Grove Road is prohibited and shall be noted on the final plat. 8. Comply with all Standard Conditions of Approval. B. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of--way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Constmction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building constmction in accordance with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACRD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. B-5 CITY OF MERIDIAN PLANNING HwD ZONING DEPARTMENT STAFF REPORT. QU~~TIONS? CALL (208) 884-5533 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. E-6 CITY OF MERIDIAN PLANNINGl1.,.D ZOMNG DEPARTMENT STAFF REPORT. QLnBTIONS? CALL (208) 884-5533 C. Legal Description DESCRIPTION FOR ANNEXATION PROPOSED PISA PLACE SUBDIVISION June 20, 2005 A PARCEL OF LAND BEING A PORTION OF THE SE 1!4 OF THE NE 1/4 OF SECTION 30, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NE 1/4 (E 1/4 CORNER) OF SECTION 30 T.3N., R.1E„ B.M., MERIDIAN, ADA COUNTY, IDAHO, THE REAL POINT OF BEGINNING OF THIS ANNEXATION DESCRIPTION; THENCE S B9°43'55" W 604.07 FEET ALONG THE SOUTH LINE OF SAID NE 1/4 TO A POINT; THENCE N 00°15'58" E 381.14 FEET TO A POINT; THENCE N 89°42'09" E 603.89 FEET TO A POINT ON THE EAST LINE OF SAID NE 1/4; THENCE S 00°14'19" W 381.45 FEET, ALONG SAID EAST LINE TO THE REAL POINT OF BEGINNING OF THIS ANNEXATION DESCRIPTION. SAID PARCEL CONTAINING 5.29 ACRES MORE OR LESS WAYNE K. BARBER P.L,S.8444 REV PgOVAL ~~r BY ~ r. ?III I`. MEftIpIAN PU[ilrG W,OpKS DEPT. C-1 r CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 D. Required Findings from Zoning Ordinance 1. ANNEXATION FINDINGS: According to Ordinance 11-15-11, General Standards Applicable to Zoning Amendments, both the P&Z Commission and Council are required "to review the particular facts and circumstances of each proposed zolring amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment." A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; See Comprehensive Plans and Policies as listed in the Pisa Place Subdivision staff report item #7 above. City Council finds the proposal in accordance with the Comprehensive Plan. B. Is the area included in the zoning amendment intended to be rezoned in the future; City Council does not anticipate that the applicant intends to rezone the subject property in the future. C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning -for example, a residential area turning into a commercial area by means of conditional use permits; City Council finds that single family detached houses are a permitted use within the requested zoning district of R-8. The accompanying plat demonstrates the land will be developed with lot sizes, housing types and other dimensional requirements that conform to the proposed zoning designation. D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; City Council fmds that a substantial portion of the land around the site has been developed in a manner harmonious to the proposed subdivision. The neighboring Ada County parcel to the south is very large and contains agricultural uses. This development is proposing significantly smaller lots, but within the acceptable limits for a medium density development. S. Locust Grove Road is not currently included within ACHD's Five Year Work Program or in the currently adopted 20-year Capital Improvements Plan for roadway improvements. The applicant shall comply with all ACHD conditions of approval for the site. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; City Council finds that the requested zoning and proposed density is within the anticipated range for a medium density project. City Council also finds that the proposed zoning/uses can be designed and constructed in a manner that will be harmonious with, and appropriate in appearance with, the existing and intended chazacter of the surrounding area. City Council does not find that the proposed zoning or uses will adversely change the essential chazacter of area. D-I f, CITY OF MERIDIAN PLANNING nND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; City Council does not anticipate that the proposed residential uses will be hazardous as long as the conditions outlined in this report are complied with and construction traffic and house construction is conducted in a manner consistent with City Code. G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; The applicant will be responsible for the extension of all sewer and water mains necessary to serve this proposed development. Sizing and routing shall be coordinated with the Public Works Department. The applicant and/or future property owners will be required to pay park and highway impact fees. On August 12, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other comments received from agencies/departments, City Council finds that the public services listed above can be made available to accommodate the proposed development. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; If approved, the developer will be fmancing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police and school facilities and services. City Council finds there will not be excessive additional requirements at public cost and that the proposed zoning and subsequent development will not be detrimental to the community's economic welfare. I. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; City Council finds that the proposed annexation and the development of single-family homes on this site will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. City Council recognizes the fact that traffic and noise will increase with the approval of this subdivision; however, staff does not believe that the amount generated will be detrimental to the general welfare of the public. City Council does not anticipate the proposed annexation and subsequent uses will create excessive traffic, noise, smoke, fumes, glare, or odors. J. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; D-2 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 The applicant has not proposed an access to S. Locust Grove Road and the subdivision will take vehicular access from internal roadways within the proposed Chatsworth Subdivision. If designed and constrncted as approved by the ACRD and the City, staff does not believe that the subdivision will create interference with traffic on the surrounding public streets. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and There are some mature trees on this property. Any existing trees larger than 4" caliper that are removed should be mitigated for, per the Landscape Ordinance. Ciry Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance if developed under these conditions. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592, 11-17-1992)? The R-8 zoning designation will provide diversity of housing product for the City of Meridian. City Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan and this is a logical expansion of the City limits. In accordance with the findings listed above, Citv Council finds that annexation and zonine of this ~roroertv would be in the best interest of the Citk 2. PRELIMINARY PLAT FINDINGS Sections 1233 J.2 and 123-5 Dread as follows: "In determining the acceptance of a proposed subdivision, the Commission and Council shall consider the objectives of this title and at least the following: A. The conformance of the subdivision with the Comprehensive Development Plan; Ciry Council finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan. Ciry Council supports the proposed layout as a practical solution to address the constraints dictated by previous developments. Please see Annexation and Zoning Analysis ..A>, B. The availability of public services to accommodate the proposed development; City Council finds that public services are available to accommodate the proposed development. (See finding "G" under Annexation and Zoning Analysis for more detail.) C. The continuity of the proposed development with the capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, staff finds that the subdivision will not require the expenditure of capital improvement funds. D. The public financial capability of supporting services for the proposed development; See finding "G" under Annexation and Zoning Analysis above, and the Agency Comments and Conditions at the end of this report. D-3 ~ t~ CITY OF MERIDIAN PLANNING A'ND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 E. The other health, safety or environmental problems that may be brought to the Commission's attention. City Council is not aware of any health, safety or envirorunental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACRD considers road safety issues in their analysis. D-4 ~~ I ~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Annexation and Zoning of 4.99 acres from RUT (Ada County) to R-8 AND Preliminary Plat Approval of 16 building lots and 1 common lot on 4.99 acres, for Pisa Place Subdivision, by Howard Jenkins. Case No(s): AZ-OS-039, PP-OS-038 For the City Council Hearing Date of: September 27, 2005 A. Findings of Fact Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the _ City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code §67- 6509. The matter was duly considered by the City Council at the September 27, 2005, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-039 / PP-OS-038 -PAGE 1 of 4 a. In addition to the application and property facts noted in the staff report and the P1amling & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner(s) of record at the time of issuance of these findings is Howard Jenkins. 4. Required Findings per Zoning and Subdivision Ordinance a. See the staff report attached as Exhibit A for the findings required for these applications. B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. That this approval is subject to the Legal Descriptions in Exhibit A, the Preliminary Plat as shown in Exhibit A, the Annexation and Zoning Comments as shown in Exhibit A, and the Preliminary Plat Site Specific and Standard Conditions as shown in Exhibit A. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Cade § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-039 / PP-OS-038 -PAGE 2 of 4 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated July 6, 2005 is hereby wnditionally approved; 2. The Site Specific and Standard Conditions are as shown in Exhibit A. D. Notice of Applicable Time Limits 1. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that after the date of approval of the preliminary plat, the owner or developer shall have one year within which to file the request for approval of the final plat. After approval of final plat, the owner or developer shall have one year to begin construction of the public utilities and one year thereafter to complete construction of those public facilities. (MCC 12-2-4.B & C.) E. Notice of Final Action and Right to Regulatory Takings Analysis The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Exhibits Exhibit A: Staff Report B action of the City Council at its regular meefing held on the ~ / / day of 2005. COUNCIL MEMBER SHAUN WARDLE VOTED_~ COUNCIL MEMBER CHRISTINE DONNELL VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED__l~~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-039 / PP-OS-038 -PAGE 3 of 4 COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) Attest: William G. Berg, 7r., City Copy served upon Applicant, and City Attorney. VOTED_z~ VOTED Mayor Tammy rd `~~VW umin„~ '`/ ,~` y O~ rFo SEAL ~r ~a9~r tst •,~~ ` f ~'~. ~9 P ~ ~\ The Pl ~~arli'IYnp ~~pnlol~g Department, Public Works Deparhnent BY~~JQ~1(Y~]~~j.gleti. ~ Dated: `1-~'OS City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-039 / PP-OS-038 -PAGE 4 of 4 CITY OF MERIDIAN PLANNING. .D ZONING DEPARTMENT STAFF REPORT. Q .:STIONS? CALL (208) 884-5533 STAFF REPORT TO: FROM: City Council Hearing Hearing Date: 9/27/2005 Mayor, City Council Josh Wilson, Associate City Planner 5 (S t;! {~~' e ~~~~ ,~,~" ~ ryv nr A~~f~F~~ ;', ~..~'1'[~YII~1~12 "" t ' 111.V PCB ~, ~, ti; SUBJECT: Michael Cole, Development Services Coordinator ` ¢ ~ +-~_ ~ ~ "'~` 'f:, i5`. Pisa Place Subdivision • PP-OS-038 Preliminary plat approval of 16 single family building lots and 1 common lot on 4.99 acres • AZ-OS-039 Annexation and zoning of 4.99 acres from RUT to an R-8 zone 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Howard Jenkins, has applied for Annexation and Zoning (AZ) and Preliminary Plat (PP) approval of 16 building lots and 1 common/other lot on 4.99 acres. The site is located on the west side of S. Locust Grove Road approximately one-half mile south of Victory Road. This site is can-ently rural residential with one single family residential building. The site has not been previously platted. 2. SUMMARY OF PLANNING AND ZONING HEARING • On September 1, 2005, the Planning & Zoning Commission made a recommendation for approval on the subject application, as reflected in the Clerk's record and the minutes and duly considered the evidence and the record in this matter. • Staff presenting application: Josh Wilson presented the application. • In favor: Kent Brown, Briggs Engineering • In opposition: None. • Commenting: None. • Key Commission Changes to Staff Recommendation: o Add Condition 1.1.8 which states: "The applicant shall submit a recorded cross access agreement with the property to the north if the driveway for access to the existing home on Lot 7, Block of Pisa Place Subdivision is placed on Lot 11, Block 6 of Chatsworth Subdivision." • Outstanding Issues for City Council: o None. 3. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 3893 S. Locust Grove Road / W. side of Locust Grove Road, south of Victory Road 3N1E30 b. Owner: AZ-OS-039, PP-OS-038 PAGE 1 CITY OF MERIDIAN PLANNING, .,JD ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 Howazd Jenkins 6951Peaz1 Road Eagle, Idaho 83616 c. Applicant: Howard Jenkins 6951Pear1 Road Eagle, Idaho, 83616 d. Representative: Kent Brown, Briggs Engineering e. Present Zoning: COUNTY f Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: 1. Date of prelilninaty plat (attached as Exhibit Al): 7/06/05 2. Date of landscape plan (attached as Exhibit AZ): 7/11/05 h. Applicant's Statement/Justification (reference submittal material): The applicant has submitted a statement with the application which states that the request is consistent with the Comprehensive Plan and is an extension of the existing neighborhood which achieves a nice blend of lots and protects the existing home. 4. PROCESS FACTS a. The subject application will in fact constitute an annexation and/or rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 16, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 12 Chapter 3, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: September 12, 2005 and September 26, 2005 d. Radius notices mailed to properties within 300 feet on: September 5, 2005 e. Applicant posted notice on site by: September 22, 2005 5. LAND USE a. Existing Land Use(s): Agricultural w/ a rural residence b. Description of Character of Surrounding Area: Mixture of agricultural and residential c. Adjacent Land Use and Zoning 1. North: Chatsworth Subdivision, zoned R-8 2. East: Locust Grove Road and Tuscany Lakes Subdivision, zoned R-4 3. South: Agricultural lands, zoned RUT (Ada County) 4. West: Chatsworth Subdivision, zoned R-8. AZ-OS-039, PP-OS-038 PAGE 2 CITY OF MERIDIAN PLANNING`. _.D ZONING DEPARTMENT STAFF REPORT. QU~3TIONS? CALL (208) 884-5533 d. History of Previous Actions: N/A e. Existing Constraints and Opportunifies 1. Public Works Location of sewer: Mains stubbed into property from Chastworth Subdivision. Location of water: Mains stubbed into property from Chatsworth Subdivision. Issues or concerns: None. 2. Vegetation: Mature trees around existing residence 3. Flood plain: NA 4. Canals/Ditches Irrigation: NA 5. Hazards: NA 6. Proposed Zoning: R-8 7. Size of Property: 4.99 acres 8. Description of Use: Single family residential f Subdivision Plat Information 1. Residential Lots: 16 2. Non-residential Lots: N/A 3. Total Building Lots: 16 4. Common Lots: 1 5. Other Lots: N/A 6. Total Lots: N/A 7. Open Lots: N/A 8. Residential Area: 4.99 acres 9. Gross Density: 3.21 units per acre g. Landscaping 1. Width of street buffer(s): 20 feet on S. Locust Grove required (Urban Collector); applicant has shown 25 feet on Preliminary Plat. 2. Percentage of site as open space (PP and PD applications): Subdivisions of properties which are less than 5 acres do not have a required open space percentage, however, the applicant has proposed detached sidewalks and parkways which will function as roadside stormwater infiltration swales. h. Proposed and Required Residential Setbacks: per the R-8 zone i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): 1. The applicant has proposed to take access from an internal roadway (E. Pisa Street) within the proposed Chatsworth Subdivision which has been approved, but not constructed, as of the date of this report. The applicant has proposed a public road system with right-of--way width of 64 feet and detached sidewalks with 8 foot parkways which will function as roadside stormwater infiltration swales. AZ-OS-039, PP-OS-038 PAGE 3 CITY OF MERIDIAN PLANNING JD ZONING DEPARTMENT STAFF REPORT. Q.,dSTIONS7 CALL (208) 884-5533 6. AGENCY COMMENTS MEETING On August 12, 2005 staff held an agency comments meeting. Staff has included all comments and recommended actions as Conditions of Approval from the meeting attached as Exhibit B. 7. COMPREHENSIVE PLAN POLICIES AND GOALS Stafffinds that the proposed zoning designation, R-8, is harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the land to be Medium Density Residential. There is a maximum density of 8 dwelling units per acre in the Comprehensive Plan; the proposed gross density of Pisa Place Subdivision is 3.21 dwelling units per acre. Staff finds the following 2002 Comprehensive Plan text policies to be applicable to this application (staff analysis is in italics below policy): • Require that development projects have planned for the provision of all public services (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject properties. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner.• • Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. Fire and Emergency Medical Services will be provided by Meridian City Fire Station #1 and the project lies within the Meridian Fire Department's five-minute response zone. • The subject lands currently Zie within the jurisdiction of the Ada County Sheriff's Office. Once annexed, the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACRD). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning and Zoning Department, Meridian Utility Billing Services, and Sanitary Services Company. Support a variety of residential categories (low-, medium-, and high-density single family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities (Chapter VII, Goal IV, Objective C, Action 10) The subject property is designated Medium-Density Residential on the Future Land Use Map which identifies this area as an appropriate area for medium-density residential development. This proposal meets the Comprehensive Plan definition of medium-density, with a gross density of 3.21 dwelling units per acre. • Restrict curb cuts and access points on collectors and arterial streets (Chapter VII Goal N AZ-OS-039, PP-OS-038 PAGE 4 CITY OF MERIDIAN PLANNING'. _ ~D ZONING DEPARTMENT STAFF REPORT Q~L.:STIONS? CALL (208) 884-5533 Objective D Action 2). The applicant has not proposed a curb cut on Locust Grove Road, which is a collector, and the subdivision will take access from roads within Chatsworth Subdivision. • Require appropriate landscape and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.). (Chapter VII Geal IV Objective D Action 5). The applicant has provided a 25 foot landscape buffer along S Locust Grove Road, which exceeds the required buffer along Urban Collector roadways, such as S Locust Grove Road. The buffer will be planted with vegetation consistent with Meridian City Code. Staff finds that the proposed R-8 zoning designation is harmonious with and in accordance with the 2002 Comprehensive Plan. 8. ZONING ORDINANCE a. Zoning Schedule of Use Control: Meridian City Code 11-2-1 lists single family detached houses as a permitted use in the R-8 zoning district. b. Purpose Statement of Zone: R-8 Medium Density Residential District: The purpose of the R-8 district is to permit the establishment of single- and two-family dwellings at a density not exceeding eight (8) dwelling units per acre. This district delineates those areas where such development has or is likely to occur in accord with the comprehensive plan of the city and is also designed to permit the conversion of large homes into two-family dwellings in well- established neighborhoods of comparable land use. Connection to the municipal water and sewer systems of the city is required. 9. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation ANNEXATION & ZONING ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed residential subdivision. Please see Exhibit D for detailed analysis of facts and findings. 1. The annexation legal description submitted with the application (stamped on 7/06/05 by Wayne K. Barber, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 2. Any future subdivision, uses and construction on this property shall comply with the Ciry of Meridian ordinances in effect at the time. PRELINIINARY PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed townhouse residential products. Please see Exhibit D for detailed analysis of facts and findings. Street Buffer alone S. Locust Grove Road The applicant has proposed a 25 foot landscape buffer along S. Locust Grove Road which exceeds the 20 foot buffer required by ordinance. The landscape plan submitted with the application shows trees and vegetative groundcover which complies with Meridian City Code. See Site Specific Condition 1.1.2. AZ-OS-039, PP-OS-038 PAGE 5 CITY OF MERIDIAN PLANNING,. ~JD ZONING DEPARTMENT STAFF REPORT. Qr,r:STIONS7 CALL (208) 884-5533 2. Parkways: The applicant has proposed to construct detached sidewalks with 8 foot parkways which will serve as roadside stormwater infiltration swales. The submitted landscape plan does not show the proposed landscaping for the parkways and the applicant should be required to revise the landscape plan to show how the parkways will be landscaped. See Site Specific Condition 1.1.3. 3. Tree Miti ation~ There are several large trees on this site that the applicant is proposing to remove or relocate. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that are removed (MCC 12-13-13-3). The applicant should coordinate a tree protection/mitigation plan with Elroy Huff at the Meridian Park Department. See Standard Condition 1.2.7. 4. Pressure Irrigation• The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior tc signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with - MCC 12-13-8 and MCC 9-1-28. See Site Specific Condition 1.2.4. 5. Fencine: The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences should taper down to 3 feet maximum within 20 feet of all right-of- way. All fencing should be installed in accordance with MCC 12-4-10. See Site Specific Condition 1.2.6. b. Staff Recommendation: Staff recommends approval of AZ-OS-039 and PP-OS-038 for Pisa Place Subdivision as presented in the staff report dated September 1, 2005 based on the Findings of Fact as listed in Exhibit D and subject to the conditions of approval as listed in Exhibit B as attached to this report. Staff has prepared fmdings consistent with this recommendation. 10. PROPOSED MOTION Approve I move to approve File Number AZ-OS-039 and PP-OS-038 as presented in the staff report for the hearing date of September 27, 2005 and in the preliminary plat dated July 7, 2005, with the following modifications to the conditions of approval: (add any proposed modifications). Deny I move to deny File Number AZ-OS-039 and PP-OS-038 as presented in the staff report for the hearing date of September 27, 2005 and in the preliminary plat dated July 7, 2005, for the following reasons: (you must state specific reasons for denial. They should address how the applicant might re-do the application to gain your recommendation for approval.) 11. EXIIIBITS A. Drawings AZ-OS-039, PP-OS-038 PAGE 6 CITY OF MERIDIAN PLANNING..AD ZONING DEPARTMENT STAFF REPORT. QLESTIONS? CALL (208) 884-5533 1. Preliminary Plat (dated: July 6, 2005) 2. Landscape Plan (dated: July 11, 2005) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Legal Description D. Required Findings from Zoning Ordinance AZ-OS-039, PP-OS-038 PAGE 7 CITY OF MERIDIAN PLANNING~~,.JD ZONING DEPARTMENT STAFF REPORT. QUr:STIONS? CALL (208) 884-5533 A. Drawings 1. Preliminary Plat (dated: July 6, 2005) - - - I ~ ~ I I I t 11 t 1 A f I ( ODIti 1 I '~ ~ It 1111 IIIIIS I p ~ I ~ h I ~ J I~ ~ ~~ - IIN 1 1 II Ui. q.l ill ~ f bk ,~ 6 ~ L ~ J I I . fj~~ l d I I II .~ II 1' .. ~ ~C ~ P I Ii R I i: ~ I £ ~ I S ' I I 1 I ° N ~ ~ ~ I I 1 ~ ~ ~ ~ IF Jl m. ~r ~ S ~ S > ~ ° ~ ^ a_f ~ ~ #~ aI ~ irk I ~ I i ; ~ I y ~,s ~,'' .~~ ,~ : €Reo ',a ~ i t $4~ ~ ' 7 €~>+ ~ '' ~ I = Q I ~a `§ ~_£:FI}Y~'C*~ i ]p E3 3p' ~ 3ex i ~ II F_ I+ ' ~' ~' y I _ 9 I ~ J )' S 1 p ,. e I I f s II °u~. ( I'i i 1 7 ~ I '~~ I ~ I III ~,,::~ l I y Y e~ I ~ i - ... _.__ ._ I ~ w~ ~ ~.. . ._ _ _ 1 S,. IS dii I ^ ~ I ;+~ ~ I ~ 5 # v .... _ z ! °k 5 nos >, lz _ E I , i F p - r FL I~ ~~~ 4 ~ _ _ P 1Y _ _ ~ .F _ ..« . . L ~1 ' ~ I >> I~^ r I I ~yI I 1 ~ 1 1 4~ 4~ O }}. ~ ~ d I :~. ((~ ~ .y. ~ ~~' i / i 1 i~ h . ,y + ~ ~ IJieI'4' /r ~~ ~~ + ~ ~-°~ ~I~ ~9` s I a~ al~ Ile II ';~ II I~ _~ ~ ~ y -f~I' ~~..~ I ~~ ~ }% j $ ' 'sF '-.:..Y III I P _ I.'S f I I I I,.,..~ ,~~,r..;..~ ~" 5 ~. Itli~ ~ R r ii Y; ; _ ~,s y I I 1 CITY OF MERIDIAN PLANNIN~ ,dD ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 3. Landscape Plan (dated: July 11, 2005) _ ~„~~ y OHtl01 'NVIQIl13W ' I ~ ' INVId 3dVDS4PJy~ 1Vld J~abrNlWll3ad"~~ ~ ~ I ~ ~f'1; a, c. ~ °~~ ~"± - ~~ ~' ' NoislniGens awia dsid i e.~ti,.~~~ I ~ ,I ,, ___ I =-r ~~, J_ --- v o~I ~~ s''i Uyk 3 I~ f i` '¢ Si t ~ @ i L I' w' k ~ }~ ~ E ~ F S f ~' °4 "j _ U' W~5 ~9 ii? P I ~ ~~ ~I .- " l.. ¢.. .. .. ' e - u `m• ~~ d _ F. e z i 3; J: 2 4 ZI f 1 .. __. r _.. 0.. 11~~~~ Y I i Qi 0~ F u~ ~: ~~ l '~ l V p z,~ s~ ~~ i 8 amb ~ _.~ , I ~~ P' ~ ~+; o °z~ .~} _ -tee ~ u~x-I, limey _ ~ ~ E~ ~ p~ O I h ~ ~cb_ § T- i R i r z s~ e_° it ¢. ~~ _ :. ~L ~ t~y ~ iJ I~~~._ ~7}~~1~~-- 7 `-'~"' ~ 1~ "' z ~~ ~ it ro ~ - -T " raT ~ 1 ",` ~ ~d ,a ~I i i3 J I ' ~=1 , m '1~ ~ ig Z~Z A ~' '~ ~5. aia .rM iVi ~ _ .. ` e ~ if t _4 m ~~ d5f - ,~P~~~~ _fjp~J¢~ t E E Y>~ ~) ~ ~ ~ ` ~ ax , a" _ i ~1 ,a _ --- - - ,~ ~I~l a _ ~ I_~lg,F w .. ,.. ~ClfS~3 (N: F L _ ~F Zi ... L Q,. i n 11 ahu „ ~ _ r l1 ttif Y -r w ¢. ~ ~:. r ^,^ i. y~ y fem.. ti ¢ Ui A-2 CITY OF MERIDIAN PLANNING~~„~D ZONING DEPARTMENT STAFF REPORT. Q ESTIONS? CALL (208) 884-5533 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT 1.1.1 The preliminary plat labeled as PRE-1 prepared by Briggs Engineering, dated July 7, 2005, is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation/Zoning (AZ-OS-039) shall also be considered conditions of the Preliminary Plat (PP-OS-038). 1.1.2 The applicant shall provide a 25 foot landscape buffer along S. Locust Grove Road as depicted on the submitted landscape plan dated July 11, 2005. 1.1.3 The applicant shall modify the landscape plan to reflect the following: • Demonstrate visually the transition from the attached sidewalks on E. Pisa Street to the detached sidewalks on E. Pisa Court and Leaning Tower Place. • Depict the parkway landscaping and any street trees proposed. 1.1.4 Other that the changes above, the approved landscape plan is not to be altered without prior written approval of the Planning & Zoning Department. 1.1.5 All road drainage shall be contained on site in the drainage swales as depicted. 1.1.6 Maintenance of all common areas shall be the responsibility of the Pisa Place Subdivision Homeowners' Association. - 1.1.7 Direct lot access to S. Locust Grove Road is prohibited. A note shall be placed on the final plat restricting access to S. Locust Grove Road. 1.1.8 The applicant shall submit a recorded cross access aereement with the rn onertv to the north if the driveway for access to the existine home on Lot 7 Block of Pisa Place Subdivision is placed on Lot 11. Block 6 of Chatsworth Subdivision 1.2 GENERAL REQUIlZEMENTS PRELIMINARY PLAT 1.2.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to MCC 12-13-10-8. 1.2.2 All areas approved as open space shall be free of wet ponds or other such nuisances. All stonnwater detention facilities incorporated into the approved open space are subject to MCC 12- 13-14 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under MCC 12-13- 14. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of MCC 12-13-14, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final constmction. 1.2.3 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, [he developer will be responsible for the payment of assessments for the B-1 CITY OF MERIDIAN PLANNING, ..JD ZONING DEPARTMENT STAFF REPORT. Qur:STIONS? CALL (208) 884-5533 common areas prior to signature on the final plat by the Ciry Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with MCC 12-13-8 and MCC 9-1-28. 1.2.4 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the fmal plat application. 1.2.5 The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences should taper down to 3 feet maximum within 20 feet of all right-of--way. All fencing should be installed in accordance with MCC 12-4-10. 1.2.6 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.2.7 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 12-4-13, unless otherwise approved by Settlers Irrigation District. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to fmal plat signature. 1.2.8 .Staffs failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.2.9 Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. 2. PUBLIC WORKS 2.1 Sanitary sewer to this development is being proposed via an extension of mains currently being installed in Chatsworth subdivision. The applicant shall be responsible to constmct all mains necessary to provide service, coordinate main size and routing with the Public Works Department. Cover over sewer mains shall be no less than three feet measured from top of pipe to finish grade. If cover is less than three feet from top of pipe to sub-grade, alternate pipe materials shall be used per the Meridian Public Works Standard Specifications. 2.2 Water service to this site is being proposed via extensions of mains currently being installed in Chatsworth subdivision to the west. The applicant shall be responsible to construct all mains necessary to serve this development, mains size and routing to be coordinated with the City of Meridian Public Works Department. 2.3 The applicant has indicated that the pressure irrigation system in this development will be owned and operated by Nampa and Meridian Irrigation District. Evidence of a license agreement shall be submitted to Public Works prior to scheduling of a pre-constmction meeting. 2.4 Any domestic wells and/or septic systems and appurtenances within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells maybe used for non- domestic purposes such as landscape irrigation. B-2 CITY OF MERIDIAN PLANNING .uQD ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 2.5 The applicant shall be responsible for the payment of sewer and water assessments, as well as the actual physical connection to the municipal services for the existing home. 2.6 Any existing buildings that do not meet the new setback requirements shall be removed prior to the City Engineer's signature on the final plat. 2.7 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.8 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.9 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.10 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as detemuned during the plan review process, prior to signature on the final plat per Resolution 02-374. 2.11 Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. 2.12 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.13 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.16 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. FmE DEPARTMENT 3.1. One -and two family dwellings will require afire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500' apart. International Fire Code Appendix C 3.2. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. B-3 CITY OF MERIDIAN PLANNING .,ND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 3.3.1. Fire Hydrants shall have the 4 %" outlet face the main street or parking lot aisle. 3.3.2. The Fire hydrant shall not face a street which does not have addresses on it. 3.3.3. Fire hydrant markers shall be provided per Public Works spec. 3.3.4. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. 3.3.5. Fire Hydrants shall be placed on corners when spacing permits. 3.3.6. Fire hydrants shall not have any vertical obstmctions to outlets within 10'. 3.3.7. Fire hydrants shall be place 18" above finish grade. 3.3.8. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 3.4. All common driveways shall be straight or have a fuming radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 3.5. Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.6. The Fire Dept, has concerns about the ability to address the project and have the addresses visible from the street which the project is addressed off of. Please contact Joe Silva (888-1234) to address this concern prior to the public hearing. 3.7. All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.8. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or -- 903.3.1.2 the distance requirement shall be 600 feet (183). 3.8.1. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). 3.8.2. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. POLICE DEPARTMENT No comment received. 5. PARKS DEPARTMENT 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13-6) will be followed. 5.2 Standard Plan for Protection of Existing Trees during Constmction: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be followed. 6. SANITARY SERVICE COMPANY SSC has no comments related to this application. 7. ADA COUNTY HIGH WAY DISTRICT A. Site Specific Conditions ofAppraval 1. Construct Locust Grove Road to one-half of a 46-foot street section with curb, gutter and 5-foot wide detached concrete sidewalk. Dedicate 35-feet ofright-of--way from the centerline of the roadway. The applicant will not be paid for the right-of--way because it is a collector roadway. 2. Construct cal-de-sac turnarounds at the terminus of East Pisa Court and Leaning Tower Place with a minimum taming radius of at least 45-feet, as proposed. 3. Connect East Pisa Court with East Pisa Street at the west property 1me approximately 100-feet north of the south property line, as proposed. B-4 CITY OF MERIDIAN PLANNING _..dD ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 4. Construct Leaning Tower Place with 32-feet of pavement, 2-foot ribbon curb, minimum 8-foot drainage swales and 4-foot concrete detached sidewalks, within 64-feet ofright-of--way, as proposed. 5. Construct the east side of East Pisa Court with 32-feet of pavement, 2-foot ribbon curb, minimum 8-foot drainage swales and 4-foot concrete detached sidewalks, within 64-feet of right-of-way, as proposed. 6. Construct the west side of East Pisa Court with a 36-foot street section within 50-feet of right-of- way with 5-foot concrete attached sidewalks, curb and gutter, as proposed. 7. Direct lot or parcel access to Locust Grove Road is prohibited and shall be noted on the final plat. 8.. Comply with all Standard Conditions of Approval. B. Standard Conditions ofApproval 1. Any existing irrigation facilities shall be relocated outside of the right-of--way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the "- construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. B-5 CITY OF MERIDIAN PLANNING. ~dD ZONING DEPARTMENT STAFF REPORT. QLESTIONS? CALL (208) 884-5533 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. E-6 CITY OF MERIDIAN PLANNING _dD ZONING DEPARTMENT STAFF REPORT. Q~ESTIONS7 CALL (208) 884-5533 C. Legal Description DESCRIPTION FOR ANNEXATION PROPOSED PISA PLACE SUBDIVISION June 20, 2005 A PARCEL OF LAND BEING A PORTION OF T'IiE SE 1/4 OF THE NE 1/4 OF SECTION 30, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NE 1/4 (E 1/4 CORNER) OF SECTION 30 T.3N„ R.1E., B.M., MERIDIAN, ADA COUNTY, IDAHO, THE REAL_Ppl BEGINNING OF THIS ANNEXATION DESCRIPTION; THENCE S 89°43'55" W 604.07 FEET ALONG THE SOUTH LINE OF SAID NE 1/4 TO A POINT; THENCE N 00°15'58" E 381.14 FEET TO A POINT; THENCE N 89°42'09" E 603.89 FEET TO A POINT ON THE EAST LINE OF SAID NE 1/4; THENCE S 00°14'19" W 381.45 FEET, ALONG SAID EAST LINE TO THE REAL~OF BEGINNING OF THIS ANNEXATION DESCRIPTION. SAID PARCEL CONTAINING 5.29 ACRES MORE OR LESS WAYNE K. BARBER P.L,S. 8444 REP/ VALy_i ~~ YypRK.S DEPiI(; ~,' - I '/ CITY OF MERIDIAN PLANNING tuJD ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 D. Required Findings from Zoning Ordinance 1. ANNEXATION FINDINGS: According to Ordinance 11-15-11, General Standards Applicable to Zoning Amendments, both the P&Z Commission and Council are required "to review the particular facts and circumstances of each . proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment." A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; See Comprehensive Plans and Policies as listed in the Pisa Place Subdivision staff report item #7 above. City Council finds the proposal in accordance with the Comprehensive Plan. B. Is the area included in the zoning amendment intended to be rezoned in the future; City Council does not anticipate that the applicant intends to rezone the subject property in the future. C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning -for example, a residential ores turning into a commercial area by means of conditional use permits; City Council finds that single family detached houses are a permitted use within the requested zoning district of R-8. The accompanying plat demonstrates the land will be developed with lot sizes, housing types and other dimensional requirements that conform to the proposed zoning designation. D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; City Council finds that a substantial portion of the land around the site has been developed in a manner harmonious to the proposed subdivision. The neighboring Ada County parcel to the south is very large and contains agricultural uses. This development is proposing significantly smaller lots, but within the acceptable limits for a medium density development. S. Locust Grove Road is not currently included within ACHD's Five Year Work Program or in the currently adopted 20-year Capital Improvements Plan for roadway improvements. The applicant shall comply with all ACRD conditions of approval for the site. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; City Council finds that the requested zoning and proposed density is within the anticipated range for a medium density project. City Council also finds that the proposed zoning/uses can be designed and constructed in a manner that will be harmonious with, and appropriate in appearance with, the existing and intended character of the surrounding area. City Council does not find that the proposed zoning or uses will adversely change the essential character of area. D-I CITY OF MERIDIAN PLANNING~.AD ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; City Council does not anticipate that the proposed residential uses will be hazardous as long as the conditions outlined in this report are complied with and construction traffic and house constmction is conducted in a manner consistent with City Code. G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; The applicant will be responsible for the extension of all sewer and water mains necessary to serve this proposed development. Sizing and routing shall be coordinated with the Public Works Department. The applicant and/or future property owners will be required to pay pazk and highway impact fees. On August 12, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other comments received from agencies/departments, City Council fmds that the public services listed above can be made available to accommodate the proposed development. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; If approved, the developer will be financing the extension of sewer, water, local street infrastmcture, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police and school facilities and services. City Council fmds there will not be excessive additional requirements at public cost and that the proposed zoning and subsequent development will not be detrimental to the community's economic welfaze. I. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operafion that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; City Council fmds that the proposed annexation and the development of single-family homes on this site will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. City Council recognizes the fact that traffic and noise will increase with the approval of this subdivision; however, staff does not believe that the amount generated will be detrimental to the general welfare of the public. City Council does not anticipate the proposed annexation and subsequent uses will create excessive traffic, noise, smoke, fumes, glaze, or odors. J. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; D-2 {{ l~ CITY OF MERIDIAN PLANNINI...ND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 The applicant has not proposed an access to S. Locust Grove Road and the subdivision will take vehicular access from internal roadways within the proposed Chatsworth Subdivision. If designed and constructed as approved by the ACRD and the City, staff does not believe that the subdivision will create interference with traffic on the surrounding public streets. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and There are some mature trees on this property. Any existing trees larger than 4" caliper that are removed should be mitigated for, per the Landscape Ordinance. City Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance if developed under these conditions. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592, 11-17-1992)? The R-8 zoning designation will provide diversity of housing product for the City of Meridian. City Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan and this is a logical expansion of the City limits. In accordance with the fmdings listed above, City Council finds that annexation and zonin of this ro ert would be in the best interest of the Ci 2. PRELIMINARY PLAT FINDINGS Sections 12-3-3 J.2 and 12-3-5 D read as follows: "In determining the acceptance of a proposed subdivision, the Conunission and Council shall consider the objectives of this title and at least the following: A. The conformance of the subdivision with the Comprehensive Development Plan; City Council fords that the proposed application is in substantial compliance with the adopted Comprehensive Plan. Ciry Council supports the proposed layout as a practical solution to address the constraints dictated by previous developments. Please see Annexation and Zoning Analysis ..A» B. The availability of public services to accommodate the proposed development; City Council finds that public services are available to accommodate the proposed development. (See fording "G" under Annexation and Zoning Analysis for more detail.) C. The continuity of the proposed development with the capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, staff finds that the subdivision will not require the expenditure of capital improvement funds. D. The public fmancial capability of supporting services for the proposed development; See fording "G" under Annexation and Zoning Analysis above, and the Agency Comments and Conditions at the end of this report. D-3 CITY OF MERIDIAN PLANNING ...JD ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 E. The other health, safety or environmental problems that may be brought to the Commission's attention. City Council is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACRD considers road safety issues in their analysis. D-4 C BEFORE THE MERIDIAN CITY COUNCIL ~ ~~ ~~ C/C September 27, 2005 IN THE MATTER OF THE APPLICATION OF PACKARD ESTATES DEVELOPMENT, LLC ) CASE NO. MI.OS-010 FOR A MISCELLANEOUS ) APPLICATION FOR APPROVAL ) ORDER ACCEPTING OF A SALES TRAILER LOCATED ) WITHDRAWL OF APPLICATION ON LOT 2, BLOCK 3 OF ) FOR A MISCELLANEOUS REDFEATHER ESTATES ) APPLICATION FOR APPROVAL SUBDIVISION N0.2 ) OF A SALES TRAILER ) ~C i i 2005 ) (~I~fY (7~= ~/IEriIDIAP~J The applicants having withdrawn the application for a miscellaneous application for approval of a sales trailer, during the hearing held in front of the City Council on September 27, 2005, the withdrawal is hereby accepted and the matter is dismissed. The applicant may submit an application for a temporary use and the fees for the miscellaneous application shall be applied towards the fees for the temporary use application. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than 28 days after the final decision ORDER ACCEPTING WITHDRAWL OF APPLICATION FOR A MISCELLANEOUS APPLICATION FOR APPROVAL OF A SALES TRAILER (MI-OS-010) Page 1 of 2 concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a petition for judicial review maybe filed. Please take notice this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which maybe adversely affected by this decision may, within 28 days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By the action of the City Council at its regular meeting on the o2 `Z ~' day of ~ ~ er~rn. b.e~~ , 2005. DATED this Z ~~ day of ~/7a~G''-' , 2005. `~~,,,,,,,,,, Mayor Tammy de Weerd Attest: ~~ William G. Berg., City C erk(~ Copy served upon Applicant, Planning Attorney. ~O ~: d~~ SEAL ~' a T tat • ~P~a~•`` 1 .~ and!n7,gl{ ,li, ~~?artment, Public Works, and the City BY: ~~1 Gl1 n'l ~9~ Dated: f o^ ~,~~ J ORDER ACCEPTING WITHDRAWL OF APPLICATION FOR A MISCELLANEOUS APPLICATION FOR APPROVAL OF A SALES TRAILER (MI-OS-010) Page 2 of 2 C September 23, 2005 RZ OS-009 MERIDIAN CITY COUNCIL MEETING September 27, 2005 APPLICANT VJ Joint Venture ITEM NO. ~ 9 REQUEST Ordinance -Request for a Rezone of 4.53 acres from I-L to C-G zones for Porky Park Subdivision -south of Pine Street and east of North Eagle Road No. 2 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Ordinance U~/V I U"J Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented of public meefings shall become property of the City of Meridian. nun wum ~ n[ounucn J. UHV1U NRYHrirSU ~ RmUUNI .UU I BOISE IDAHO 09129105 02:19 PM ~ REOOROEO~aHE00E5~~_ IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Meridian Ciry 1E~S144552 CITY OF MERIDIAN ORDINANCE NO. ~ / '"' G ` ~ 5 BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE FINDING THAT VJ JOINT VENTURE, THE OWNER OF CERTAIN REAL PROPERTY HAS MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION (RZ-OS-009 -PORKY PARK SUBDIVISION) FOR REAL PROPERTY LOCATED IN THE SOUTH'/: OF SECTION 9, TOWNSHIP 3 NORTH, RANGE 1 EAST, MERIDLAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT f°A" OF THIS ORDINANCE AND RE-ZONING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND WITHIN THE CORPORATE LIMITS OF THE CITY OF MERIDIAN; AND RE-ZONING THE LAND USE ZONING CLASSIFICATION OF SAID LAND5 FROM I-L (INDUSTRIAL) TO C-G (GENERAL RETAIL & COMMERCIAL) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BYLAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for re- zoning by the owner of sad property, to-wit: VJJOINT VENTURE. SECTION 2. That the above-described real properly ishereby re-zoned from I-L to C-G (General Retail & Commercial) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to re-zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian re- zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. RE-ZONE OF RZ-OS-009 PORKY PARK SUBDIVISION Page 1 of 3 SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map-with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY CO~U'N"CI/LJOF THE CITY OF MERIDIAN, IDAHO, this 27 day of ~{///TGf7„ ~ , 2005. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 27 day of o(~/r~>`W~' ~ , 2005. ~~ MAYOR TAM Y de WEERD ATTEST: WILLIAM G. BERG., JR, CIT `",,„uuuua„ ~ ~o-~,,~ ~~~~ y .' ~ ~; Y ~I. ~T i~~ • \; •9 ~ ,,~yP ,~ t111tTY ;; ,, .~ RE-ZONE OF RZ-OS-009 PORKY PARK SUBDIVISION Page 2 of 3 STATE OF IDAHO, ) ss. County of Ada ) On this .~?day of ~.o~ e~, 6z,- , 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) ••••••••~tl~M« :SAtl•'•.•. +° f 1ypTA~Q1° '. e*; ~.~ ~~ :• :, ~ 1'UBL1 ¢ V. ae J ••~~•` PUBLIC FOR IDAHO vIISSION EXPIRES: r7y,-d o7 RE-ZONE OF RZ-OS-009 PORKY PARK SUBDIVISION Page 3 of 3 claib®rn ®u~c~it~ consulting, Ilc engineers & surveyors 1461 S. Teare Avenue Meridian, Idaho 83642 (208) 288-2693 Fax (208) 884-8002 P.N. 2242 May 19, 2005 REZONE FROM 1L TO CG DESCRIPTION FOR PORKY PARK SUBDIVISION A parcel of land located in the South 1/2 of Section 9, T.3N., R.lE., B.M., Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at the West 1/4 comer of said Section 9, from which the Southwest comer of said Section 9 bears S 00°00'09" W, 2650.01 feet; thence N 89°10'47" E along the North boundary of said South 1/2, also being the centerline of E. Pine Ave. for a distance of 308.51 feet to the REAL POINT OF BEGINNING; thence continuing N 89°10'47" E along the North boundary of said South 1/2, also being the centerline of E. Pine Ave. for a distance of 525.05 feet; thence leaving said North boundary and centerline S 00°00'09" W for a distance of 424.29 feet to a poim on the North boundary of Commerce Pazk Subdivision as rewrded in Book 45 of Plats, Page 3721, Ada County Recorder; thence along the North boundary of said Commerce Park Subdivision for the following 4 courses: thence N 88°25'58" W for a distance of 78.04 feet; thence S 88°20'52" W for a distance of 220.22 feet; thence S 43°26'57" W for a distance of 12.13 feet; thence N 87°54'44" W for a distance of 218.66 feet; thence leaving said North boundary N 00°00'09" E for a distance of 421.83 feet to the POINT OF BEGINNING; containing 5.12 acres of land, more or less. REVI BY `. ~~ rC~i~-° Prepazed by: Todd R. Waite P.L.S. MERIDIAN PU~LIG WORKS DEPT, 11Spud1\projects\EAGLE & PINE(2242)1DocumentslREZONEdesc.dac-1 0 0 Y it N W a 1 ro a o~ s L9 W 3 V ' 2 W 0 `~1° a~ ~mm ymN az 15 y, ONION v 4 G01 r_ Ul= L] y U ~$m m'~ o~ WWy ~N2 ~~ m~ W~= / 321 fli N3:\ .L NIOf 213 N (IN NVA M II S `3 L' -, S 7 C-"' U N 3 m N m NN y OZ V iV Z W ~ O O. m oO ~ °oe 1 ~ 3 - z m ~ ~ ~ \ V J ~ N ~ / 1 2 ~ ~~ 1 Z O ~ ~~ o ~~ ~ w s 33mn n~ ~ 3 1Fy m NO N W 3 fbQM M ~ q. {V' y ^~ ~;= V YO{ N D S ~ 3- z m 'lZi o~n3 U ~^ 00.00N +i1O~ '° ° Cis Y~C'~Fti ,Q~I1`\ G 1(~~ O F ) 2 N~ ~ WZ N N \ O 54S m m y N oo=ooN ,l0'059Z 3 ,60,00.00 N q O Y OH 3~0 tl3 'N ~^,t ~aT~a $$ °m ai ~~~ _N ~6 A JQ' .}1 0 ~b ~$ ~F ~ %S o iu ~ ~P~~ V q ~~ w <.~ g ~>' m mti 6 a D~ g 2 ?~~ c _yaa €3~ Jym d '=5 . ~yU ~ ~~~ i~~ @ z ioF IV~S !wz i'o- . a~yxy Z~J x ~W a 6z~ s u l( NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO LC. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO.OS- I I ~ S PROVIDING FOR RE-ZONING ORDINANCE An Ordinance of the City of Meridian granting re-zoning for land known as Jackson's Food Store, located on in the South''/z of Section 9, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Attachment «A„ This parcel contains 4.53 acres more or less. Also, this parcel is SUBJECT TO all easements andrights-of--way of record or implied. As surveyed as attached as exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Avenue, Meridian, Idaho. This ordinance shall became effecfive on the 2?'~ day of~i~~G,.,rl~.cti , ~Qp~S, Mayor and City Council lSf the City o~ By: William G. Berg, Jr., City Clerlc First Reading: ~~ 27~m,5~ ~ Rule as allowed pursuant to Idaho Cod Second Reading: -' Third Reading: '~•~ O~ ~` G' `''' ~T Fd ' ' 'dran q~i~Ia suspension of the NO STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. OS- ~ 1 ~ S 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. OS- l Inds of the City of Meridian, Idaho, and has found the same to be true and complete~an~d provides adequate notice to the public pursuant to Idaho Code § 50-901A (3) '" ~/ DATED this 2~ day of ~~~'`"~ , 2005. William. L.M. Nary City Attorney ORDINANCE SUMMARY- REZONE OF RZ-OS-009 PORKY PARK SUBDIVISION -Page 1