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HomeMy WebLinkAbout2005-09-06CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, September 6, 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 O Charlie Rountree X Keith Bird O Mayor Tammy de Weerd 2. Pledge of Allegiance: Dave 3. Community Invocation by Kevin Moyer, with Meridian First Baptist Church: Presented 4. Adoption of the Agenda: Approve as Amended 5. Consent Agenda: A. Approve Minutes of August 9, 2005 City Council Regular Meeting: Approve B. Approve Minutes of August 16, 2005 City Council Regular Meeting: Approve C. Findings of Fact and Conclusions of Law for Approval: VAR 05-015 Request for a Variance to allow a reduced front setback and approve the removal of the deed restriction placed on this lot for Bedford Place Subdivision by Brighton Corporation - 596 East Edgar Street: Table to September 20, 2005 /D. Findings of Fact and Conclusions of Law for Approval: VAR 05-016 Request for a Variance for the reduction of parking spaces required and modification of parking lot landscaping requirements for Mike Palmer by Mike Palmer - 1524, 1608 and 1616 North Meridian Road: Approve ~E. Findings of Fact and Conclusions of Law for Denial: AZ 05- 020 Request for Annexation and Zoning of 2.3 acres to L-O zone Meridian City Council Meeting Agenda -September 6, 2005 Page 1 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents andlor hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. for Ashtvn Park by David Price -SWC of North Meridian Road and West Ustick Road: Approve /F. Development Agreement: AZ 05-007 Request for Annexation and Zoning of 43.18 acres from RUT to R-8 zone for Bellingham Park Subdivision by Gemstar Development, LLC -north of Amity Road and east of South Locust Grove Road: Approve /G. Development Agreement: AZ 04-031 Annexation and Zoning of 8+ acres from a C-2 zone to a proposed C-G zone for Meridian Gateway by White-Leasure Development Company -SWC of South Meridian Road and West Overland Road: Approve H. Reauest for Funds No. 4 for Meridian Sr. Center Rehabilitation Proiect ICDBG 04-111-01-SR: Approve /I. Water Main Easement Agreement for AD Development by Franklin I Stratford invest.: Approve /J. Water Main Easement Agreement for Fairview Lakes by Douglas Tamura: Approve ,/K. Water Main Easement Agreement for Fairview Lakes by Douglas Tamura: Approve L. Contract for the Wastewater Treatment Plant Expansion Proiect Task Order No. 3 with Carollo Engineers: Approve ~M. Contract for the Ten Mile Trunk Relief -Phase 1 with JUB Engineers: Approve N. Sanitary Sewer and Water Main Easement Agreement for Paramount Subdivision No. 8 by David Turnbull: Approve / O. Sanitary Sewer and Water Main Easement Agreement for / Wyndstone Place by Quasar Development: Approve / P. Change Order No. 1 (Final) for Victory and Meridian Road Water with Paul Construction: Approve /Q. Resolution No. 05-488 Annual CPI Rate Adjustment for Solid Waste Collection Services: Approve /R. School Resource Officer Agreement between the Meridian Police Department and Meridian School District: Approve Meridian City Council Meeting Agenda -September 6, 2005 Page 2 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ~S. Approve Bills: Approve 6. Department Reports: A. Planning Department -Steve Siddoway ~ 1. Follow-up Discussion of Letter from Flovd Robinson: Request to Table to September 13, 2005 Tabled '~B. Parks and Recreation Department -Elroy Huff J 1. Award of Bid for Autumn Faire Neighborhood Park Development to Hillside Landscape Construction: Request to Table to September 13, 2005 Tabled ~C. Solid Waste Advisory Committee i 1. Reauest for Approval of Recyclina Project recommended by Committee: Approve Additional $300.00 to River Valley Elementary D. City Attorney -Bill Nary Farmers and Merchants State Bank Remodel: Approve Additional $1,600.00 -not to exceed $7,600.00 7. Items Moved from Consent Agenda: `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." ~8. FP 05-055 Final Plat approval for 26 single-family residential building lots and 2 common lots on 8.73 acres in a R-4 zone for Strada Bellissima Subdivision No. 2 by Evans Construction Management -northwest corner of Victory Road and Meridian Road: Approve Continued Public Hearing from August 9, 2005: AZ 05-024 Request for Annexation and Zoning of 5 acres to L-O zone for Seventh Day Adventist Church by Hawkins Companies - 1735 North Black Cat Road: Approve -Prepare Findings of Fact and Conclusions of Law for Approval 10. Public Hearing: FY05 Budget Amendment: Approve Amendments & Prepare Ordinance for Next Week Meridian City Council Meeting Agenda -September 6, 2005 Page 3 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related tc documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ~11. Public Hearing: VAC 05-011 Request for Vacation of the ACHD alley through the center of the property in a O-T zone for Steel Ventures by Zeke Johnson - 27 East Broadway: Approve -Prepare Letter of Recommendation to ACHD ~ 12. Public Hearing: AZ 05-012 Request for Annexation and Zoning of 6.34 acres from RUT to R-4 zone for EI Gato Subdivision by C2B Development, LLC - 701 Black Cat Road: Approve Findings of Fact and Conclusions of Law for Approval /13. Public Hearing: PP 05-014 Request for Preliminary Plat approval of 17 building lots and 2 common lots on 5.89 acres in a proposed R-4 zone for EI Gato Subdivision by C2B Development, LLC - 701 Black Cat Road: Approve Findings of Fact and Conclusions of Law for Approval 14. Public Hearing: VAC 05-013 Request to vacate a 20-foot wide portion of ACHD right-of-way located at 701 North Black Road to be included as part of EI Gato Subdivision by C2B Development - 701 North Black Cat ~ Road: Approve / 15. Public Hearing: CUP 05-035 Request for detailed Conditional Use Permit approval for a proposed 4,200 square foot restaurant in a C-G zone on pad No. 3, Lot 2, Block 3, Devon Park Subdivision No. 1 for Devon Park / Fairview Lakes by Fairview Lakes, LLC -north of East Fairview Avenue between North Meridian Road and North Locust Grove Road: Approve / Findings of Fact and Conclusions of Law for Approval v 16. Public Hearing: VAR 05-017 Request for a Variance to exceed the 35 foot height requirement in the R-8 zone for Rocky Mountain High School by Joint School District No. 2 - 5450 North Linder Road: Approve Findings of Fact and Conclusions of Law for Approval ,/ 17. Ordinance No. 05-1177 AZ 05-025 Request for Annexation and Zoning of 5.47 acres from RUT to R-4 zone for Meridian High School by Hummel Architects -1900 West Pine Avenue: Approve 18. Ordinance No. 05-1178 AZ 05-007 Request for Annexation and Zoning of 43.18 acres from RUT to R-8 zone for Bellingham Park Subdivision by Gemstar Development, LLC -north of Amity Road and east of South Locust Grove Road: Approve 19. Ordinance No. 05-1179 AZ 04-031 Annexation and Zoning of 8+ acres from a C-2 zone to a proposed C-G zone for Meridian Gateway by White-Leasure Development Company - SWC of South Meridian Road and West Overland Road: Approve Meridian City Council Meeting Agenda -September 6, 2005 Page 4 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ~/ 20. Ordinance No. 05-1180 2005 / 2006 Fiscal Year Budget: Approve Meridian Cily Council Meeting Agenda -September 6, 2005 Page 5 of 5 All materials presented at public meetings shall become property of the Cily of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, September 6, 2005 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho 1 Roll-call Attendance: )~ Shaun Wardle X Christine Donnell Charlie Rountree X Keith Bird _~ Mayor Tammy de Weerd 2. 3. 4. 5. Pledge of Allegiance: ~A.i/G Community Invocation by Kevin Moyer, with Meridian First Baptist Church: ~red~ecL Adoption of the Agenda: Consent Agenda: ~p~I.~c wf untie..-6teoc. A. Approve Minutes of August 9, 2005 City Council Regular Meeting: G~~ ~ B. Approve Minutes of August 16, 2005 City Council Regular Meeting: a~~~rnvu~ C. Findings of Fact and Conclusions of Law for Approval: VAR 05-015 Request for a Variance to allow a reduced front setback and approve the removal of the deed restriction placed on this lot for Bedford Place Subdivision by Brighton Corporation - 596 East Edgar Street: f,~ ~,(,c, ~ ~~~_ps D. Findings of Fact and Conclusions of Law for Approval: VAR 05-016 Request for a Variance for the reduction of parking spaces required and modification of parking lot landscaping requirements for Mike Palmer by Mike Palmer - 1524, 1608 and 1616 North Meridian Road: ~~~oywtrt E. Findings of Fact and Conclusions of Law for Denial: AZ 05- 020 Request for Annexation and Zoning of 2.3 acres to L-O zone for Ashtvn Park by David Price - SWC of North Meridian Road and West Ustick Road: ~vw Meridian Cily Council Meeting Agenda -September 6, 2005 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. F. Development Agreement: AZ 05-007 Request for Annexation and Zoning of 43.18 acres from RUT to R-8 zone for Bellingham Park Subdivision by Gemstar Development, LLC -north of Amity Road and east of South Locust Grove Road: ~fr~,w~ G. Development Agreement: AZ 04-031 Annexation and Zoning of 8+ acres from a C-2 zone to a proposed C-G zone for Meridian Gateway by White-Leasure Development Company - SWC of South Meridian Road and West Overland Road: a,~,yw~- H. Request for Funds No. 4 for Meridian Sr. Center Rehabilitation Proiect ICDBG 04-111-01-SR: q~~y,av.~. Water Main Easement Agreement for AD Development by Franklin / Stratford invest.: ~-ti,ow. Water Main Easement Agreement for Fairview Lakes by Douglas Tamura: ~.~ K. Water Main Easement Agreement for Fairview Lakes by Douglas Tamura: ~~ry„c_ L. Contract for the Wastewater Treatment Plant Expansion Proiect Task Order No. 3 with Carollo Engineers: ~,yti,;,.~~ M. Contract for the Ten Mile Trunk Relief -Phase 1 with JUB Engineers: ~~,.,.,..w N. Sanitary Sewer and Water Main Easement Agreement for Paramount Subdivision No. 8 by David Turnbull: ar.~,~,•..-- O. Sanitary Sewer and Water Main Easement Agreement for Wvndstone Place by Quasar Development: ~v~o.-•-••- P. Change Order No. 1 (Final) for Victory and Meridian Road Water with Paul Construction: w~~- Q. Resolution No. ~/~" g"f~8 Annual CPI Rate Adjustment for Solid Waste Collection Services: ~j.,rw R. School Resource Officer Agreement between the Meridian Police Department and Meridian School District: G,pp,,.w~- S. Approve Bills: ayZ,,ro wc~ Meridian City Council Meeting Agenda -September 6, 2005 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 6. Department Reports: A. Planning Department -Steve Siddoway Follow-up Discussion of Letter from Floyd Robinson: Request to Table to September 13, 2005 ~~~ B. Parks and Recreation Department -Elroy Huff Award of Bid for Autumn Faire Neighborhood Park Development to Hillside Landscape Construction: Request to Table to September 13, 2005 ~~u, C. Solid Waste Advisory Committee 1. Request for Approval of Recycling Project recommended by Committee: ~~vc. ~ddz+ilo-r-~- ~~oo• ~° C~,~j ~7'f1a~~.e~- ~ ~'~'t'ic.-~.uot`J E7L"``"~"`~'' 7. Items Moved from Consent Agenda: ~CI~iO~ ~~"~~ (• fC~!'~wsd f I>sGLCG~~i ~>`a~k-13~~/li/wadt,C~,Dv,,oucr atld~~o~~ `Although the City of Meridian no longer requires sworn testimony, all eboo, - s~ t presentations before the Mayor and City Council are expected to be truthful and ~° e""`"O~' honest to best of the ability of the presenter." 3 ?600. 8. FP 05-055 Final Plat approval for 26 single-family residential building lots and 2 common lots on 8.73 acres in a R-4 zone for Strada Bellissima Subdivision No. 2 by Evans Construction Management -northwest corner of Victory Road and Meridian Road: ~~ ~^-~-- 9. Continued Public Hearing from August 9, 2005: AZ 05-024 Request for Annexation and Zoning of 5 acres to L-O zone for Seventh Day Adventist Church by Hawkins Companies -1735 North Black Cat Road: 10. Public Hearing: FY05 Budget Amendment: _ ,~p~,w~c an•e-,.d,~.rl7 gF~r~cp.wc drdir.a~.w ~'nc,~t-~'/ . 11. Public Hearing: VAC 05-011 Request for Vacation of the ACHD alley through the center of the property in a O-T zone for Steel Ventures by Zeke Johnson -27 East Broadway: ~tip~r,or~t-/or~pw~C..eefly~-a~ YeeeT-h~.~,..lir~i~;, ~ /kf/.'J 12. Public Hearing: AZ 05-012 Request for Annexation and Zoning of 6.34 acres from RUT to R-4 zone for EI Gato Subdivision by C2B Development, LLC - 701 Black Cat Road: 13. Public Hearing: PP 05-014 Request for Preliminary Plat approval of 17 building lots and 2 common lots on 5.89 acres in a proposed R-4 zone for EI Gato Subdivi~sion~2B~gv~ Icplnenx, LL.Cv~-y~7r0v1-~B.l~ac_k Cat Road: Meridian City Council Meeting~~A//ge~nda -`S•eCptefm?b~er'6,10 5 P6 age 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at leas[ 48 hours prior to the public meeting. 14. Public Hearing: VAC 05-013 Request to vacate a 20-foot wide portion of ACHD right-of-way located at 701 North Black Road to be included as part of EI Gato Subdivision by C2B Development - 701 North Black Cat Road: ~~momc-- 15. Public Hearing: CUP 05-035 Request for detailed Conditional Use Permit approval for a proposed 4,200 square foot restaurant in a C-G zone on pad No. 3, Lot 2, Block 3, Devon Park Subdivision No. 1 for Devon Park / Fairview Lakes by Fairview Lakes, LLC -north of East Fairview Avenue between North Meridian Rgad and North Locust Grove Road: 16. Public Hearing: VAR 05-017 Request for a Variance to exceed the 35 foot height requirement in the R-8 zone for Rocky Mountain High School by Joint School District N 2 - 5}50 North Linder Road: 17. Ordinance No. O.S~ // 7 7 AZ 05-025 Request for Annexation and Zoning of 5.47 acres from RUT to R-4 zone for Meridian High School by Hummel Architects - 1900 West Pine Avenue: ~~~lr'otrc., 18. Ordinance No. O,ti = // 78 AZ 05-007 Request for Annexation and Zoning of 43.18 acres from RUT to R-8 zone for Bellingham Park Subdivision by Gemstar Development, LLC -north of Amity Road and east of South Locust Grove Road: gi/~r~t-~ 19. Ordinance No. OS' // 1 ~f AZ 04-031 Annexation and Zoning of 8+ acres from a C-2 zone to a proposed C-G zone for Meridian Gateway by White-Leasure Development Company - SWC of South Meridian Road and West Overland Road: k-r~,r~vrn~ 20. Ordinance No. OS /~80 2005 / 2006 Fiscal Year Bu- dget: ,r,~,~ vw Meridian City Council Meeting Agenda -September 6, 2005 Page 4 of 4 All materials presented at public meetings shall became property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Offlce at 888-4433 at least 48 hours prior to the public meeting. < < Meridian City Council Meeting September 6, 2005. The regular meeting of the Meridian City Council was called to order at 7:03 P.M., Tuesday, September 6, 2005, by President Shaun Wardle. Members Present: Keith Bird, Shaun Wardle, and Christine Donnell. Members Absent: Mayor Tammy de Weerd and Charlie Rountree. Others Present: Bill Nary, Will Berg, Anna Canning, Bill Musser, Joe Silva, Len Grady, Stacy Kilchenmann, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X Shaun Wardle X Christine Donnell Charlie Rountree X Keith Bird Mayor Tammy de Weerd Wardle: I would like to welcome everyone to our Tuesday, September 6th, City Council meeting here in the City of Meridian and I will begin with roll call attendance. Mr. Clerk. Item 2: Pledge of Allegiance: Wardle: Thank you. Item No. 2 is the pledge of allegiance. I would like to invite our resident Boy Scout Dave McKinnon to, please, lead us in the pledge. Item 3: Community Invocation by Kevin Moyer, with Meridian First Baptist Church: Wardle: Item No. 3 is our community invocation. I'd like to invite Kevin Moyer with the Meridian First Baptist Church. Moyer: I do want to remember our fellow countrymen that are suffering down there in our south, so I'll take a moment for them. Our Father, our hearts are heavy tonight, because we are mindful of the sufferings of many of -- maybe they are not friends, Lord, but they are our fellow countrymen, as mentioned, and they are going through such devastating times right now. And, Lord, we pray that if there is any left to be rescued that you might guide and direct those who are doing that great work down there. Father, for those who are going to have to come along side people who have lost loved ones and who are suffering greatly, that you give them just a real ability to come along with compassion and concern and just be there for them, Lord. And I just pray that you would just help in that whole region and, Lord, help -- we think maybe sometimes our problems are tough here, but, Father, I know what we are struggling with important issues, but, Father, they are minuscule compared to what each of those cities are going to have to try to do to rebuild -- rebuild not just whole cities, but rebuild lives. Again, I Meridian Cify Council September 6, 2005 Page 2 of 39 pray for your help and your watch care and your mercy and kindness upon those people, Lord. And thank you that they can turn to you and that you can be a very present help to them in their time of trouble. And, Father, for the many who will be taking their lives in their hands and being in dangerous situations and many rescue operations and attempts and clean-up things and, Father, sometimes people get crazy and do things like shoot at others. I just pray that you would watch over, provide safety and protection. Now, Father, we just thank you for the great state and city in which we live. Thanks for the stability of our region. We are blessed here, Father. We give you thanks for that. And now as we undertake business tonight, that it would go well. Help us to be gracious one with another and give wisdom and discernment and decisions that need to be made and we will be careful to give you the thanks and the praise, in Jesus' name we pray, amen. Item 4: Adoption of the Agenda: Wardle: Thank you, pastor, for the timely message for our community and our nation. Item No. 4 is adoption of the agenda. Bird: Mr. President? Wardle: Mr. Bird. Bird: Before I make the motion to approve this, could I get a resolution number and an ordinance number to start with? Wardle: Resolution number 05-488 and ordinance number 05-1177. Bird: Okay. With that, Mr. President, I would move that we -- on the agenda we will be passing on resolution 05-488 on the Consent Agenda. We would like to add -- well, I guess, we will be deleting on the Department Reports Items A and B. We would like to add an Item D. The attorney would like to discuss an item. And we will be -- in the regular agenda we will be passing ordinance -- or voting on ordinances 05-1177, 1178, 1179, and 1180. And with that I move that we approve the agenda as revised. Donnell: Second. Wardle: It's been moved and seconded to approve the agenda as amended. All in favor? MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Consent Agenda: A. Approve Minutes of August 9, 2005 City Council Regular Meeting: Meridian City Council September 6, 2005 Page 3 of 39 B. Approve Minutes of August 16, 2005 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: VAR 05-015 Request for a Variance to allow a reduced front setback and approve the removal of the deed restriction placed on this lot for Bedford Place Subdivision by Brighton Corporation - 596 East Edgar Street: D. Findings of Fact and Conclusions of Law for Approval: VAR 05-016 Request for a Variance for the reduction of parking spaces required and modification of parking lot landscaping requirements for Mike Palmer by Mike Palmer - 1524, 1608 and 1616 North Meridian Road: E. Findings of Fact and Conclusions of Law for Denial: AZ 05- 020 Request for Annexation and Zoning of 2.3 acres to L-O zone for Ashtyn Park by David Price -SWC of North Meridian Road and West Ustick Road: F. Development Agreement: AZ 05-007 Request for Annexation and Zoning of 43.18 acres from RUT to R-8 zone for Bellingham Park Subdivision by Gemstar Development, LLC -north of Amity Road and east of South Locust Grove Road: G. Development Agreement: AZ 04-031 Annexation and Zoning of 8+ acres from a C-2 zone to a proposed C-G zone for Meridian Gateway by White-Leasure Development Company -SWC of South Meridian Road and West Overland Road: H. Request for Funds No. 4 for Meridian Sr. Center Rehabilitation Proiect ICDBG 04-111-01-SR: Water Main Easement Agreement for AD Development by Franklin / Stratford invest.: J. Water Main Easement Agreement for Fairview Lakes by Douglas Tamura: K. Douglas Tamura: by L. Contract for the Wastewater Treatment Plant Expansion Proiect Task Order No. 3 with Carollo Engineers: M. Contract for the Ten Mile Trunk Relief -Phase 1 with JUB Engineers: Meridian Clly Council September 6, 2005 Page 4 of 39 N. Turnbull: O. Sanitary Sewer and Water Main Easement Agreement for Wvndstone Place by Quasar Development: P. Change Order No. 1 (Final) for Victory and Meridian Road Water with Paul Construction: Q. Resolution No. 05-488 Annual CPI Rate Adjustment for Solid Waste Collection Services: R. School Resource Officer Agreement between the Meridian Police Department and Meridian School District: S. Approve Bills: Wardle: Item 5 is the Consent Agenda. Bird: Mr. President? Wardle: Mr. Bird. Bird: We have been requested by the developer to table Item C on the Consent Agenda to 9/20/05 and with that I would move that we approve the rest of the agenda, including Resolution No. 05-488 and for the President to sign and the Clerk to attest on all proper papers. Donnell: Second. Wardle: It's been moved and seconded to approve the Consent Agenda with the tabling of Item C, tabling to 9/20/05. Mr. Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Department Reports: A. Planning Department -Steve Siddoway 1. Request to Table to September 13, 2005 B. Parks and Recreation Department -Elroy Huff Meridian City Council September 6, 2005 Page 5 of 39 1. Award of Bid for Autumn Faire Neighborhood Park Development to Hillside Landscape Construction: Request to Table to September 13, 2005 Wardle: Thank you. Items 6-A and B, Mr. Clerk, do we need to table these to a date certain? Berg: Mr. President, they were requested to be tabled to the 13th and I think we need to do that, because they were assigned to this agenda. Wardle: Okay. I would accept a motion to table Items 6-A and B to the 13th of September. Donnell: So moved. Bird: Second. Wardle: It's been moved and seconded to table these items. All in favor? MOTION CARRIED: THREE AYES. ONE ABSENT. 2. City Attorney Report. Wardle: The addition of Item B-2, City Attorney report. Mr. Nary. Nary: Mr. President, Members of the Council, I wanted to give you an update. I did send you an a-mail today, but I don't know if all of you have had the opportunity to review it. We have completed the remodeling of the Farmers and Merchants building. It came in under the authorized amount for the -- enclosing two offices and some of the other minor repairs.. We had to add to the initial bid of a rear crash bar for the rear door of the building for a fire exit, so we added some additional costs to that, but still under the authorized amount. But I did talk with Mr. Morrow and he did have a walk through with our building inspector and one of the concerns is that there is not currently an ADA compliant restroom in the building. There is one restroom that can be converted into an ADA compliant restroom that would qualify and allow to have a Certificate of Occupancy. Mr. Morrow was going to get us some numbers. He anticipated the cost to be somewhere in the area of 2,500 to 3,000 dollars for that remodeling of that one restroom. It was cheaper to remodel the single restroom. There is also a double restroom in the rear of the building that's a woman's restroom, to convert that one instead would be more expensive than converting the single restroom. So, with the grand total of that we would need an additional authorization of 1,600 dollars from what you have previously authorized to complete all the remodeling needs to be able to occupy the building. Mr. Morrow today anticipated that he could order those fixtures and such to get this project moving, if that would be all right with this Council, and I'd like to go forward in that so we can get moved into the building, hopefully, within the Meridian City Council September 6, 2005 Page 6 of 39 next two weeks and get that accomplished. So, I wanted to ask you if you would be willing to authorize the additional cost expenditures. I will follow up with awritten -- it will just be in addition to the contract you already have with Mr. Morrow, so I will follow up with the written estimate for you as well, as soon as I get that from him, but I'd like to proceed, so we don't delay any further moving. One other issue came to light today. One of our conditions in our lease -- oh, just so you know, in our lease it is required that we comply with all codes. This, actually, wasn't anticipated up front, but the other issue was -- is that the lease is for taxes on the building. The current taxes that are assessed on that building are assessed on the entire parcel, so Mr. Bird's going to contact the bank and try to come up with a formula to determine the portion that's attributable to just that building, versus the entire parcel. I don't think we need to pay the tax bill on the whole new building they just built, so I'm pretty sure we can find a way to sever that out. But I will update you with that one and get that, but if that other additional potential 1,600 dollar increase is acceptable to you, I just need your authorization to go forward. Bird: Mr. President? Wardle: Mr. Bird. Bird: I would make a motion that we approve adding change order number one to our 6,000 dollar not to exceed price on our remodel over there, to change it to 7,600. Not to exceed 7,600. Donnell: Second. Wardle: Mr. Nary, is that the motion you're looking for? Nary: Yes, sir. Wardle: Okay. Mr. Berg, roll call vote, please? Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. Wardle: I'm going to vote aye and I'm going to just make a quick statement that I have opposed this project in the past. However, this Council has approved the budget amendment to do the project and I feel that certainly it's important that the city comply with all of its codes and so I will vote yes on this motion to authorize the additional expenditure. Berg: And Mr. Rountree is absent. MOTION CARRIED: THREE AYES. ONE ABSENT. C. Solid Waste Advisory Committee Meridian City Council \~ September 6, 2005 Page 7 of 39 1. Request for Approval of Recycling Project recommended by Committee: Wardle: Item C. Solid Waste Advisory Committee. Mr. Nary, is this your item as well? Nary: Yes, Mr. President. Mr. President, Members of the Council, I am a member of the Solid Waste Advisory Committee and Councilmember Rountree is as well, but he knew he would be out of town tonight and asked me to go ahead and bring this matter forward. You have in your packet a request for additional funds out of the recycling funds for a project that was previously approved at River Valley Elementary. It was to build some picnic tables. The anticipated cost initially was around 4,000 dollars. We did authorize an expenditure by the solid waste committee that was approved by you previously for 2,000 dollars. After they received it they realized there was a lot more expense to installing these and putting them together than they anticipated, as well as the cost of anchoring the tables to the ground to, again, avoid theft. So, there was an additional cost of 300 dollars. So, they have asked for an additional 300 dollars from the recycling funds. The committee has recommended that approval. Under our current process that authorization needs to be approved by you. In our new budget that won't necessarily have to happen each time, because you have already authorized a particular line item for that, so that that can be done through the Council members -- a member of the committee can actually authorize that through an expenditure. But currently you would need to authorize that additional 300. If you have any other questions about the project I can answer that if you would like. Wardle: Thank you. Questions, Council? Bird: I have none, Mr. President. Donnell: None. Wardle: I believe that we need a motion to authorize the Solid Waste Advisory Committee to expend an additional 300 dollars. Donnell: Mr. President? Wardle: Mrs. Donnell. Donnell: I'd like to move that we would authorize the city to spend 300 dollars more to meet the needs of that project. Bird: Second. Wardle: It's been moved and seconded to approve the additional 300 dollars. Mr. Clerk, roll call vote. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. Meridian City Council September 6, 2005 Page 8 of 39 MOTION CARRIED: THREE AYES. ONE ABSENT. Donnell: And we certainly hope that Mr. Nary doesn't have anymore requests for money. Do we? Nary: That's all I have got tonight. Donnell: Okay. Item 7: Items Moved from Consent Agenda: Wardle: Item 7. There was one item moved from the Consent Agenda. However, it's been tabled to 9/20/05. Item 8: FP 05-055 Final Plat approval for 26 single-family residential building lots and 2 common lots on 8.73 acres in a R-4 zone for Strada Bellissima Subdivision No. 2 by Evans Construction Management -northwest corner of Victory Road and Meridian Road: Wardle: Item 8 is FP 05-055, final plat for Strada Bellissima Subdivision No. 2. Anna. Canning: President Wardle, Members of the Council, we have a letter from the applicant stating they are in agreement with the conditions of approval for this final plat and we are recommending approval. Wardle: Thank you. Council? Bird: Mr. President? Wardle: Mr. Bird. Bird: I move we approve the final plat on FP 05-055 for Strada Bellissima -- I probably butchered that --Subdivision No. 2. Donnell: Second. Wardle: It's been moved and seconded to approve Item No. 8. Mr. Clerk, please, call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Meridian City Council September 6, 2005 Page 9 of 39 Item 9: Continued Public Hearing from August 9, 2005: AZ 05-024 Request for Annexation and Zoning of 5 acres to L-O zone for Seventh Day Adventist Church by Hawkins Companies -1735 North Black Cat Road: Wardle: Thank you. Item No. 9 is a continued Public Hearing from August 9th, 2005, on AZ 05-024, annexation and zoning for the Seventh-Day Adventist Church. My recollection, Anna, is that we table this for some specific additional information. Would you like to begin or is it the attorney's office? Canning: I can do just a brief one to remind you where it is. We are located on the west side of Black Cat and it's right below the LDS Church property and you may hear that reference, so I just wanted to remind you about that. The issue in question was a 25-foot easement that straddles both the Seventh-Day Adventist Church, the north end of that property, and the 25 southern feet of the LDS Church property and how to reconcile access to the parcels that are west of this one that have the easement over the two church properties in front. With that, I will give it over to Mr. Nary for a summary of the meeting that we had on Friday. Wardle: Mr. Nary. Nary: Thank you, Mr. President, Members of the Council. At your August 9th meeting you directed the staff to hold a joint meeting among the property owners and stakeholders in the area, including the LDS Church, ACHD, and anyone else that would like to participate. There is, obviously, a number of varying issues between the property owners to the west of the subject property, as well as to the south, predominately surrounding access and future development and the like. At that -- on your packet is a list of the people that attended the meeting on Friday at 11:00 o'clock here in the City Hall chambers. We met for approximately an hour. I wouldn't -- I wouldn't go so far as to say we had resolution. There are some issues that are still on the table. Certainly, the adjoining property owners to the rear, the Elliotts, have some concerns that they would still like to express to you as to the development of this project that I don't believe resolution was resolved. The applicant did offer some additional concessions to allow for future development by agreeing to an additional 25-foot easement on their property that could be purchased in the future for development purposes if necessary, with some other conditions, but including that it would be done -- the purchase would be at fair market value, but there would be some other conditions as to the timing of when that could get done or not get done. There was a gentleman that had an option on some of those properties to the rear, as well as to the south, but he hadn't finalized those options. So, he didn't really have -- he didn't have the ability to solve the issue. The Elliotts are still the owners of the rear property. There is some other property owners there as well. Again, some concessions were made by the applicant and that's, really, the bulk of the resolution we were able to get to. There is still outstanding issues regarding access and future development of the property and you're certainly -- I think we just continued this, so you probably would be best to hear that from the applicants. But I wanted you to know when the meeting was held and, again, the sign-up list is there in your packets. Meridian City Council ~ September 6, 2005 Page 10 of 39 Wardle: Thank you. Mr. Nary, a point of procedure. We have heard the applicant's opening comments and received input. What is the procedure for this additional hearing? Certainly, applicant has final word, but is it the chair's prerogative to allow ten minutes to the applicant to present additional information and, then, take additional comments from the public? Nary: I think that would be appropriate, Mr. President. I think as long as you -- I think you have heard a majority of the issues and, really, all you're dealing with is the access and develop-ability of the property in the future. If you confine it to that, which is probably all you really need to hear to make this decision, I think you're fine. Wardle: Okay. Thank you. Before we have the applicant up, we will allow the applicant an additional ten minutes to present information on top of what was continued from the August 9th hearing. Any additional comments from the public will also be taken after that for a period of three minutes. Please be concise. And, then, the applicant will have the opportunity to wrap up. Council at anytime can ask for additional information. Would the applicant, please, state your name and address for the record. Vance: President and City Council, Tracy Vance with Hawkins Company, 8645 West Franklin, Boise, Idaho. Like Mr. Nary explained, I believe the only thing -- the only issue that's still outstanding at this time is just the access issue. If I can just give a little history still. There is a 25-foot easement on the property that we own right here that benefits this property, this property, and this property. There is also a 25-foot easement on the LDS property that goes -- and so there is, actually, a 50-foot easement for the benefit of these three properties. The LDS Church constructed their church five, six years ago, I'm not sure, and they encroached about 12 feet on their access. These property owners in the rear, they may or may not have lost their rights for that easement. The issue on the access issue, why it is a concern to these three parcels is if they want to develop a single family subdivision, they have one access point over here and this access would probably not be sufficient, unless they have -- what we have been told by ACHD, at least 50-foot of access where if they owned this in fee they would more than likely be able to develop it as a private road or dedicate it to the city for a public road. And when we came in front of the City Council last month, we had agreed that we would sell the 25 feet for fair market value. If we could not agree on a price, then, we had mechanisms for the fair market value. We did meet last Friday, like we were intending to, but we did -- after talking with the Seventh-Day Adventist Church we have agreed to provide an additional 25 feet at fair market value, so if the owners of these properties desire to accumulate enough property frontage -- I mean access to get back to their properties, they have the mechanism now, we are willing -- and the Seventh-Day Adventist Church is willing to sell 50 foot. of access from Black Cat back to their properties. And I believe the 50-foot access is what ACHD has always said is sufficient for a public road. So, at this time I believe with the 50 feet we should -- all of these properties should have more than adequate access to develop. If they do buy the entire 50 feet of access, at that time if it's a public street, they would be able to bring in utilities, they would be able to bring in their sewer, water, gas, electric, whatever they Meridian Cily Council September 6, 2005 Page 11 of 39 r need. The only caveat -- Mr. Nary explained that we had one condition. The only condition that we placed upon that -- the gentleman that has this property under contract and I think a portion of this property, he also has this property under contract and he stated in the meeting if he could acquire those, this access road doesn't do him a lot of -- a lot of benefit, because he would have access here and he would have access over here. The only condition we put on this obligation that we have to buy -- sell 50 feet at anytime would be if this is developed to the west and this access is more or less moot, there is no reason for it, because this has been developed with a further access, meaning there is probably single family homes throughout here, then, at that time that requirement that we'd have to sell the 50 feet would also go away, just because it would no longer be -- there is just no reason for it. And the church just didn't think that, you know, an encumbrance on their property was worth it, you know, into perpetuity. And I believe that is the only issue and if you have any questions. Wardle: Thank you, Mr. Vance. Any questions? Bird: I have none. Wardle: Thank you. I have Yvette Elliott signed up. If you will, please, state your name and address. Elliott: Yvette Elliott. 1923 North Black Cat Road, Meridian, Idaho. My property is directly west of the Seventh-Day Adventist Church. I'm also here on behalf Wanda Carson, which owns the ten acres behind us. I do appreciate that they did offer to sell us the 50 acres -- or 50 feet for the road access, but ACRD was not here at the meeting, if you will notice, and as what we understand at their current plans for the Seventh-Day Adventist Church, that they will not make -- let us use that as a public road through there, because the accesses to the LDS Church and the Seventh-Day Adventist Church and, then, there is the new development right across the street, that would be too many accesses right in that area, so those Seventh-Day Adventist plans would have to change in order for us to have public access to make that a public street back to that 15 acre parcels. And so, yes, we currently do have a contract on our property, but it's not sold and, therefore, I still own it and I'm trying to protect my rights, as well as Mrs. Carson's rights. It's zoned RUT currently and as rural transitional. If that was a subdivision, then, they would have to provide a to and through access. Changing it to L-O status would mean that they don't have to provide a to and through access, nor do they have to provide water. So, therefore, I oppose the Seventh-Day Adventist Church and -- at least until it gets resolved, the access, and we do get to meet with ACHD. I have contacted my attorney as far as the encroachment on the LDS Church and he does not feel that we are out of -- we are over our time line on getting that fence moved back on that 25 feet of access, so -- and Mrs. Carson is -- her feelings are the same as for a future development. So, any questions? Wardle: Council, any questions? Bird: Mr. President? Meridian City Council September 6, 2005 Page 12 of 39 Wardle: Mr. Bird. Bird: Mrs. Elliott, you said your attorney felt that you guys hadn't went over your limit of letting -- allowing the LDS Church to take, what, 13 feet of your right of way? Elliott: Right. Bird: Are you proceeding with getting that back into the right of way, then? Elliott: Yes. We will proceed with that, if the -- if we need that 25 feet. If the Seventh- Day Adventist Church provides a different scenario where we do have that access down there, then, we will move forward, so we can put a public street through there. Bird: But if you have got -- if you have got a right of way already of 50 feet, 25 from the north and 25 from the south, why not get that and not have to buy the extra 25? Elliott: Well --and that's what we'd have to --the record -- Bird: If your attorney says that it's still a deal. Elliott: Right. Right. The recommended for the LDS Church and the Seventh-Day Adventist Church to have accesses on each side to the -- it would be to the north and south and that would be one street and they would provide access there, but the LDS Church is not willing to close off their Black Cat access and so it takes two months to get through Salt Lake and through their approval process. Bird: I can understand that. Elliott: So -- Bird: Thank you. Wardle: Thank you. I have Eleanor Stafford signed up to testify. If you would, please, state your name and address for the record. Stafford: I'm Eleanor Stafford. Currently still living at 1735 North Black Cat. We have consummated our deal with Hawkins, so, officially, they really do own that property, but we are there for two more weeks until we move out. We have been there 30 years and when the LDS Church did build five or six years, whenever that was, the contractor on that project Scott Hedrick, who my husband knows very well from his construction years, and they talked many times while that was under construction. When Joe noticed that they were infringing on that 25-foot right of way on the north side, they, actually, according to my husband, took 11 feet of that 25. And my husband talked to somebody at ACHD, he didn't write the name down and I don't know who else he talked to, but Scott Hedrick said the church knew he was over, the church told him to do it, Merldlan Clty Council ' September 6, 2005 Page 13 of 39 they were taking that 11 feet, and if they had to give it back at another time, they would do it. So, they knew what they did and they deliberately took it and that's what happened on that property. And, like I said, we have been out there for 30 years and that 50-foot was there when we purchased it and was there that entire time. So, I just wanted to let everybody know how that happened. And they are not willing to talk to anybody. They turned down coming to the meeting. Hawkins sent them a letter and they just disregarded it or wrote back and said, you know, we are not doing anything, and as far as they are concerned, they have that property, they are not going to give it up, so -- okay. Wardle: I have a Bob Kell signed up. Kell: Bob Kell. 1820 Mace Road, Eagle, Idaho. 83616. I have options on three of those properties. This one here, which is in question, the Carson property here, and, then, I also have this property going back to Cherry Lane. I was hoping to have this issue solved, because my intent is to put my access for a subdivision on Cherry Lane and, then, also use the access here at Turnberry Crossing. That is entirely my intent, but I don't have the property bought, so I can't say to you right now the problem is solved. So, at this point I have to tell the homeowners, landowners, protect yourself in case I die tonight and you're on your own. But, again, it's my total intention that I'm going to close on all these. Here will be my entrance. Here will be an entrance to the access through the Seventh-Day Adventist Church and next to the LDS Church. I will just give it back to them and the land will be theirs. I have no need for it. Talking to my engineer at JUB, the only sewer access that we have that is viable is this one right here and all we can get -- we can get down to about here depthwise, and we can't service this, but I still want it as an entry. It's the best entry, it will make some good common land for a subdivision, a common area, park, whatever we need to use. It's an expensive entry, but I think it's the best you one for everybody. Any questions? Wardle: Questions, Council? Donnell: No. Bird: I have none. Thank you. Wardle: Is there anyone else that would like to testify on this application? Seeing no further, would the applicant like five minutes to reply or wrap up? If you will, please, state your name and address. Hawker: Colby Hawker with Hawkins Company. Address is 8645 West Franklin Road. Just to wrap up and sum up what everybody said, we came to the meeting, you know, on last week to discuss the overall access issue out here and, again, felt that we offered what we can offer to get this thing to move forward. What we have offered to make it simple is 50 feet across this property here, so none of it is on the LDS Church, but 50 feet on our property for a future access if that property in the future is going to develop. They have the ability to come through, purchase the property at fair market value, we Meridian City Council September 6, 2005 Page 14 of 39 will get an appraisal and they can purchase the property from us, so they have an avenue to get access if they need it. We also feel like there is additional property out here that's adjacent to this report, so an access can come here. So, we just feel like what the city should be concerned about is there opportunity for this property to develop with an access at some point. We feel by providing this 50 feet that we give them an opportunity for access and there is also additional access opportunity out here. So, with that being said, we just ask for your approval this evening, so we can move forward this project for the Seventh-Day Adventist Church -- is a portion of our other project down the street where we are moving the Seventh-Day Adventist Church from -- for the Walgreens and we have got approval from the City Council already for that Walgreens development there. We'd ask that we could have this approval this evening, so we can get that church built and moved and get on with what we are planning on doing. So, if you have any questions I will take those. Otherwise, we'd just respectfully ask for your approval this evening. Bird: Mr. President? Wardle: Mr. Bird. Bird: Do you plan -- where is the existing entryway into the Staffords now? Hawker: Well, there is an existing entryway into their house on this side of the property. There, again, is access to these properties here -- Bird: That's from the dirt road. Hawker: -- through the easement that's down there right now. So, this property here is not landlocked at all. There is an access easement through here that exists and they have that right to use it. What the issue was in the future, if they try to change this to develop it, all they have is an easement for the use that they are using it for right now. Once they want to make this into some sort of private drive or something like that, they, actually, need to have fee ownership of the property. So, that's why we feel we are solving problems by giving an additional 25 feet, for a total of 50 feet, so if they choose to take access here, they have the ability to come through and do it in that 50 feet. If they don't want to use it, they don't need to use it, because they can find another access out here, then, they have the ability to do that as well. Wardle: Council, additional questions? Bird: I would like to -- there was -- something was mentioned about ACHD and we got the ACHD representative here, let's -- regarding the right of way of that road. Hawker: Number of feet, I believe, was the question? Bird: Yeah. Uh-huh. Yes. Meridian Cily Council `' September 6, 2005 Page 15 of 39 Wardle: Mr. Inselman, would you, please -- I believe the question that was addressed is -- Bird: Is 50 feet enough. Wardle: -- is 50 feet enough for a public thoroughfare. Inselman: Mr. President, Members of the Council, Gary Inselman, representing ACHD. Yes. Fifty feet is the standard right of way for a local street. Wardle: Thank you. Bird: Thank you, Gary. I have no further questions, then. Thank you. Wardle: Thank you. Hearing no further questions, I would entertain a motion to close the Public Hearing on Item No. 9. Bird: So moved. Donnell: Second. Wardle: It's been moved and seconded to close the Public Hearing on Item 9. All in favor? MOTION CARRIED: THREE AYES. ONE ABSENT. Donnell: Mr. President? Wardle: Mrs. Donnell. Donnell: Other than the fact that I'd like the Seventh-Day Adventist Church to stay where it is and we could put the Walgreens store right there -- that's not an option, uh? That's closer to my home and it would be really handy. I would like to make a motion that we approve Item No. 9, AZ 05-024, request for annexation and zoning of five acres for the Seventh-Day Adventist Church. Bird: And to include all public comments? Donnell: And to include all public comments and -- Bird: Staff and applicant. Donnell: Staff and applicant -- see, he's guiding me. Staff and applicant comments. Bird: Which would include that extra 25 feet if they need to purchase it; right? Meridian City Council ~ ~~ September 6, 2005 Page 16 of 39 Donnell: Yes. -Bird: Okay. I second that. Wardle: It's been moved and seconded to approve Item No. 9 with additional comments and agreements from the applicant in regard to 25 feet of easement and the purchase of that. Mr. Clerk, we will, please, call roll -- Anna. Canning: Mr. President, I believe you will need new Findings to do that. Bird: You didn't pass the Findings. Wardle: To bring Findings forward. Canning: Thank you. Wardle: Mr. Clerk. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 10: Public Hearing: FY05 Budget Amendment: Wardle: Item No. 10 is Public Hearing on fiscal year 2005 budget amendment. Kilchenmann: I wasn't going re-read this. Wait a minute. I will come up there. I'm supposed to go slow for Anna. Wardle: And give us your name and title, please. Kilchenmann: Stacy Kilchenmann, finance director, the City of Meridian. Wardle: Thank you. Kilchenmann: I was not going -- the budget amendment does not include the extra 1,600 dollars for the annex, so you will be over budget, but -- I was not going to read this -- Bird: Bill donated that. Kilchenmann: Okay. That was very kind of him. We will do payroll deductions. Nary: We'll find it somewhere. Meridian Cily Council September 6, 2005 Page 17 of 39 Kilchenmann: So, I wasn't going to re-read this, if you don't -- unless somebody wants me to. Wardle: And, then, is it published and available on the website and also at the back table if anyone would like to review it? Kilchenmann: Yes. Bird: It was published in the Valley News Times; am I not correct? Berg: Valley Times. Bird: So, I don't see any reason why she has to go through it again. Wardle: Thank you, Stacy. Kilchenmann: Okay. Bird: Very nice job again, Stacy. Wardle: This is a Public Hearing. I would invite anyone that would like to make comment to, please, approach the podium and state their name and address. Thank you. Council, comments? Bird: I have none. But hearing none, I will move we close the Public Hearing on the fiscal year'05 budget amendment. Donnell: Second. Wardle: It's been moved and seconded to the close Public Hearing on Item 10, Fiscal Year 2005 Budget Amendment. All in favor? MOTION CARRIED: THREE AYES. ONE ABSENT. Bird: Mr. President? Wardle: Mr. Bird. Bird: I move that we approve the Fiscal Year 2005 Budget Amendment as published. Donnell: Second. Wardle: It's been moved and seconded to approve the Fiscal Year 2005 Budget Amendment. Mr. Clerk, will you, please, call roll. Meridian Cily Council September 6, 2005 Page 18 of 39 Berg: Thank you, Mr. President. I assume that also means to prepare an Ordinance to -- Bird: Yes. To prepare an Ordinance to do it. Berg: I was just thinking as that file came to your mind. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Bird: The lawyer's let me down today. He's not giving me the information. Donnell: I want to sit by him. Item 11: Public Hearing: VAC 05-011 Request for Vacation of the ACHD alley through the center of the property in a O-T zone for Steel Ventures by Zeke Johnson - 27 East Broadway: Wardle: Item No. 11 is VAC 05-011, vacation of the ACHD alley through center of the property for Steel Ventures. I will open this with -- Canning: Mr. President, Members of the Council, as stated, this is a request to vacate the alley through the center of the creamery project. As you can see here -- as you know, the creamery facilities straddle the alley currently. The applicant would like to develop the property as a whole. Since there is no street on this side, the need for the alley doesn't seem to be there. There is a sewer main that needs to be relocated. They have bonded for that. We don't have any formal development plans proposed at this time, so I don't have any elevations to show you. The P&Z has recommended approval. There was no key issues of discussion and to our knowledge there are no outstanding issues. Wardle: Thank you, Anna. Council, questions for staff? Bird: Mr. President? Wardle: Mr. Bird. Bird: I believe, Anna, all we are approving is a letter of consent on our part to ACHD; am I not right? ACHD -- Canning: Yes. Bird: -- owns the road and has to, actually, do the vacation of it? Canning: Yes, sir. Meridian City Council September 6, 2005 Page 19 of 39 Bird: Okay. So, I have no questions, then. Wardle: Thank you. Would the applicant, please, come forward. Bird: I don't think he's here. There would be no reason to be here. Wardle: Okay. Would anyone else like to testify on Item No. 11? Mr. Bowman, if you will, please, state your name and address for the record. Bowman: Thank you, Mr. President. My name is Clair Bowman. I live at 4400 West Legacy Lane, Meridian. I'm also the Administrator for the Urban Renewal Agency for the City of Meridian. We have worked with the applicant very closely on this project. I believe approving this vacation is in the best interest, not only of the applicant, but of the city. The development that can be done on this property short term and long term is substantially more beneficial to the city, if that sewer is relocated and the alley can be treated as part of the development, rather than something to build around.. That's all I have to say. Wardle: Thank you. Would anyone else like to testify on this item? Council, seeing none. Bird: Mr. President? Wardle: Mr. Bird. Bird: I move we close the Public Hearing for VAC 05-011. Donnell: Second. Bird: It's been moved and seconded to close the Public Hearing on Item 11. All in favor? MOTION CARRIED: THREE AYES. ONE ABSENT. Bird: Mr. President? Wardle: Mr. Bird. Bird: I would move that we approve VAC 05-011 and that's arecommendation -- a letter of recommendation to ACHD on the vacation through the alley on the property at 27 East Broadway and for the attorney to draft a letter to be sent to ACHD and for the President of the Council and the clerk to attest. Donnell: Second. Meridian City Council September 6, 2005 Page 20 of 39 Wardle: It's been moved and seconded to approve a vacation request and to forward that to the Ada County Highway District. Mr. Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 12: Public Hearing: AZ 05-012 Request for Annexation and Zoning of 6.34 acres from RUT to R-4 zone for EI Gato Subdivision by C2B Development, LLC - 701 Black Cat Road: Item 13: Public Hearing: PP 05-014 Request for Preliminary Plat approval of 17 building lots and 2 common lots on 5.89 acres in a proposed R-4 zone for EI Gato Subdivision by C2B Development, LLC - 701 Black Cat Road: Item 14: Public Hearing: VAC 05-013 Request to vacate a 20-foot wide portion of ACHD right-of-way located at 701 North Black Road to be included as part of EI Gato Subdivision by C2B Development - 701 North Black Cat Road: Wardle: I will open Public Hearing on Items 12, 13 and 14 for the EI Gato Subdivision and begin with staff comments. Canning: Mr. President, Members of the Council, this is the EI Gato project. It is located south of EI Gato Lane or the extension of Pine Lane or Avenue and it's north of the Union Pacific Railroad. It gets a little confusing. You will notice that the right of way gets very wide right there and that will be an item of discussion in a moment. And, then, it's located on Black Cat. As you see, the surrounding homes are generally five acres in area. The proposal put before you tonight is -- has been reduced since it was originally proposed to the city. It's down to 11 building lots and two common lots on 5.89 acres and it's a proposed R-3 zone, instead of an R-4 zone. The gross residential density 1.86 units per acre. The P&Z has recommended approval of this project as modified, as I mentioned, and that was at their August 4th, 2005, hearing. The key issues of discussion were the design of the roadway section along Pine and EI Gato and, as I mentioned, what happens is there is two public right of ways at the north end of this property and what ACHD has said is that they would require that the applicant landscape the southern most portion of the roadway, so that you only had one roadway coming in and that the developments that are further west would swing up, so that -- onto this northern road, so that they would all come in and out at the same place. There is additional right of way -- so the vacation is --just to clarify, is not for the right of way at the northern end of the property. That will just be landscaped, but it will remain ACHD right of way. The vacation for the right of way is at the southern end of the property. At one point there was some talk that they would need some right of way along the railroad property, but is not needed, so that ACHD has suggested that the applicant could vacate the right of way in that location and that's what being proposed. The other issues of discussion were the status of the fencing and the ownership of the Perdam Meridian City Council September 6, 2005 Page 21 of 39 drain to the south of the property. The density of the area in relation to the Comprehensive Plan -- originally it was a little over three -- one unit -- three units per acre. As I mentioned now, it's down to 1.86. Dropping those six building lots made a significant difference in the density. And, then, the vacation of the unopened right of way between Perdam drain and the southern proposed lots and that's what I spoke of down there. I do have some pictures to send, so you can get an idea. This is where the roads converge before they get to Black Cat and you can see that and this is -- basically, this area right here is what will go away and this will just continue to come up to the northern road, is my understanding. I'm getting shakes of heads from the audience, so perhaps I'm wrong, but I think that's what's going on. And, then, this is at the southern end of the property. This was when Black Cat was under construction. So, this is the Perdam drain. And that would be the area for the unopened right of way. There is one -- it's not really an outstanding issue, but I just to wanted get it on the record, is that under the new Unified Development Code, which is effective the 15th of this month, there is no R-3 zoning. So, you're approving it under R-3, because that's what standards it meets now. We are basically just renaming that to R-2 under the new code, same standards, so it would still comply with all the development standards for the R-2 district, but we have let the applicant know and they have indicated that they are okay with, but just wanted to get it on the record one last time. With that, I will answer any questions you may have. Wardle: Thank you, Council. Questions for staff? Bird: I have none, Mr. President. Wardle: Would the applicant, please, come forward. State your name and address for the record. McKinnon: Thank you, Mr. President, Members of the Council. Dave McKinnon, 735 South Crosstimber. Anna did a good job explaining the project. It's just a little project, obviously. It's about 11 lots. Initially we wanted to have 17 residential lots. At our first neighborhood meeting it wasn't the easiest thing to do, because the neighbors didn't like it. They said that at the first neighborhood meeting they wanted the density reduced down to two per acre. Some of them just said nothing. Absolutely not. Met with the P&Z Commission, they said reduce it by at least three. We went one better and reduced it by six. Had another neighborhood meeting with the neighbors and some of them were happy with the reductions, from the R-4 down to an R-3 zone --and as Anna pointed out, the R-3 zone is going away in about ten days from now when the Unified Development Code is adopted. So, it would be an R-2 zone. The Comprehensive Plan indicates this property is to be low density, which is up to three dwelling units per acre or just under that. Anna said about 1.86 dwelling units per acre. The neighbors are here tonight Tom, Kathy, and Paul behind me. I'm sure they have some things they'd like to say. I told them when I came in that we have no surprises for them. Hopefully, there is no surprises for you either. It's a small subdivision with large lots. I think it will be a good addition to the city to have some larger lots in this area and ask for your approval at this time and reserved some time for comment at the end. Meridian Cily Council September 6, 2005 Page 22 of 39 Wardle: Thank you. Council, questions for Mr. McKinnon? Bird: I have none. McKinnon: Thank you. Nary: Mr. President, could I just ask one question? Wardle: Sure. r 1, Nary: Mr. McKinnon, one of the things I wasn't clear in the staff report -- is that easement that you're going to landscape into, that's just a private road portion? McKinnon: Yeah. Nary: Is that a recorded easement that we need to vacate that separately or is that just a road that just seemed to evolve? McKinnon: Boy. Nary: I mean I have been out there and the road is very strange. I just wanted to make sure there wasn't a dedicated recorded easement there that we might need to vacate as well. McKinnon: Boy, that's a sticky wicket. Gary is here tonight, too. ACHD has got a representative here, too. The long and short of it, ACHD believes they own it. They would like us to do a license agreement for that piece of property, rather than vacate it. And so ACHD claims ownership of that as right of way. They claim ownership of 110 feet of right of way there. They have asked for us to do a license agreement and landscape that area, rather than vacate it. Nary: Okay. Great. Thank you. McKinnon: Thank you. Wardle: I have Kathy Fererra signed up. Please state your name and address. Fererra: My name is Kathy Fererra. My husband and I have lived at 4960 EI Gato Lane for 19 years and I'm starting to feel like this building is getting real comfortable. I have been spending a lot of time in here the last six months. We have had three neighborhood meetings with the developers, three P&Z meetings, and one ACHD meeting in the last six months. I think by and large from the first neighborhood meeting when those guys should have shown up with flack jackets, we have come a long long way. We are -- we, of course, would like to see no change in our neighborhood. Everybody would like to see no change in their neighborhood. So, we are pleased that Meridian City Council t September 6, 2005 Page 23 of 39 l after our discussions with them and, actually, I think I almost sat down and negotiated with them and our meeting with the P&Z, that they have agreed to the plan that they have right now and -- that they have agreed to R-2 zoning. I do want to say that Dave McKinnon, your scout, and Scott Beecham from C2B development, were very patient with us. We think we were patient with them also. But we think it paid off. They were very good about the neighborhood meetings. They got easier as we went along. And I would encourage any -- anything like this that's happening in an established neighborhood, please, have neighborhood meetings. I think it's a huge huge help. But we are very pleased that it's R-2, pretty much -- well, it doesn't pretty much, but it helps keep our area in our neighborhood more of an ag environment, which is what it's always been. We will in the future continue to oppose any higher density than R-2 out in that area, for so long as we have people living there that really have no intentions of selling, as they do all the way down our street, there is no intention of people selling property. Or down Pine Lane any further. And there are -- in the future there would be issues of Pine Lane if this development went any further west along Pine Lane. And I would like to -- I really would like something clarified, because I haven't seen it show up on the map at a meeting and that is where their access from Pine Lane is going to be. If you go back to the one photograph that showed the access. Okay. Originally, people did not come up -- let me see if I can find your pointer here. When they were doing construction on Black Cat Road, this bank of mailboxes right here used to be up on Black Cat Road. They moved it down here, to this bank, which services the people who live down here on Pine Lane. This set of mailboxes is directly across the street from our driveway and, in fact, is well into the property across the street from us on EI Gato Lane. In fact, there is a house in front of this fence line. There is a whole -- another five acres above this. That is our phone box right there, which already gets run over regularly by our Pine Lane neighbors. I believe where they are talking about making this access is up further. I believe it will be along the property line of the property that's just west of their development site and really would like that clarified, because that has not showed up on anything at a meeting. Canning: Mr. President, if you would like me to answer that. I think it's shown right there. And maybe the applicant can clarify if that's it. Fererra: Other than that, I have nothing else. Wardle: Thank you. We will get you clarification on that issue. Council, any questions? Bird: I have none. I have got a statement. I wanted to thank you, Mrs. Fererra, for stating what you stated about, you know, none of us like development coming into our old subdivisions. We don't like the change and stuff. But it does happen and I appreciate your attitude. Fererra: Well, we are trying to make the best of it, but I think as you go from the more heavily populated subdivisions -- now that you're coming across Black Cat Road, it's a whole different animal out there than it is on the east side. Thank you. Meridian City Council September 6, 2005 Page 24 of 39 Bird: Thank you. Wardle: I have Paul Sharratt signed. If you would, please, state your name and address. Sharratt: My name is Paul Sharratt, 5556 EI Gato Lane, Meridian. I live just further down the road. We have lived there for 14 years now. There, again, as you can see by my stack of paperwork that we have working this for quite some time and I totally agree with what Kathy has said, that it has been a challenge and knowing that the sewer line has come down Black Cat now and everything is getting completed by December, you will see our faces, more than likely, again, in the future, probably within the next six months to a year, as we continue to fight further developments coming down Black Cat. The main point that I want to make is in working with the neighborhood and working with the neighbors in our -- in our neighborhood, in our developed subdivision, really, there is two different subdivisions than span the mile between Black Cat and McDermott and over the course of the year we have worked diligently a number of different times on getting not necessarily subdivisions defeated, but getting subdivisions or development more in line with what we currently have. The subdivision on the opposite end of the road in Canyon county, we worked with Canyon county and at times fought with the developer a number of different times, to where that ended up being a five acre subdivision, very similar to ours. They still -- they don't have sewer, so Canyon county has basically said, yes, it needs to be five acres and the developer developed it that way and a very nice subdivision, fits very much in with the establishment of our subdivision. As more and more subdivisions come down Black Cat and as this subdivision is began to be built out, it is our concern that the feelings -- and not necessarily even feelings, but the established subdivisions continue to be heard and that their voices not just be pushed aside for the fact that, oh, more revenue or, oh, these properties need to be developed, we want to truly understand or have you understand our feelings and our concerns that as we come down Black Cat that we hope that this becomes the model, that this is the standard, that R-2 is the standard as you come down Black Cat between Cherry Lane and Franklin. So, that we can live with R-2, because it does -- it gives us that buffer between the higher density on the east side of Black Cat and the larger acreages that we have, the five acre lots that we have. That's all I have to say. Thank you. Wardle: Thank you. Council, questions? Bird: I have none. Wardle: Tom Knoll signed up. Please state your name and address. Knoll: My name is Tom Knoll. I live at 5947 EI Gato Lane. I'm neighbors with Kathy and Paul. As they have said, we have been active on these issues for some time. These and others. And I want to thank you for this opportunity to talk. We have talked about other subdivisions in the past and we will talk about this one and we will probably meet again in the future, if not here on the street somewhere. I'm speaking on the EI Meridian Cily Council September 6, 2005 Page 25 of 39 Gato Subdivision and I just want to talk a little bit more about the Planning and Zoning recommendation that this go to R-2 zoning. As you have heard, that's important to our neighborhood. The EI Gato Subdivision is the -- it's not -- I wouldn't call it the first subdivision, because the first subdivisions are the Skyview Ranchettes that are already built there and this is the first subdivision in probably 30 years that's west of Black Cat, East of McDermott, south of Cherry, and north of Franklin. And it sets a precedent for development in that area. Our neighborhood generally supports the R-2 zoning. But I want to emphasize that's general. As Dave said when he gave his developer overview, some of the neighbors support lower densities, such as R-1 or even lower. Lower than R-1. And thinking about it, if you do the arithmetic, R-2 represents aten-fold increase in density over the existing and surrounding lots. I don't believe that ten-fold increase is consistent with the master plan, but we are willing to concede on that point, to go to R-2. I think the master plan -- I can't remember what the ratio is, but I think it would recommend -- well, I'm sure Anna will correct me if I'm wrong. Anyway, if the entire section that's west of Black Cat, east of McDermott, south of Cherry, and north of Franklin, is developed to R-2, that will represent about 1,300 lots. I want to say that the developer C2B and such, have shown that R-2 can be profitably developed. That all the development does not have to be R-4 or R-8. That profits can be made and developers can be successful with R-2 and I think that's an important point to be remembered, too. It might just take developers that are a little more creative and a little more diligent. So, because this sets a precedent and because of the work we have done with the developers and with our neighborhood, we'd like you to adhere to the R-2 or lower zoning for this and future developments that are west of Black Cat, east of McDermott, south of Cherry, and north of Franklin. And I'd just -- I'll stand for further questions and I thank you for this opportunity. Wardle: Thank you, Mr. Knoll. Questions? Bird: I have none. Wardle: Is there anyone else that would like to testify on any of these applications? Mr. McKinnon, I believe we have a specific question from a neighbor about the entrance and, then, you may rebut as well, please. McKinnon: Thank you, Mr. President, Members of the Council. I'll just go ahead and address what Kathy was asking. It might be a little bit hard to show from here. Maybe you can just pan back and forth between the two photos. Going back to where we were. I'll start there. Thank you. I think what Kathy was asking for is when this jogs over -- what we have shown is as you come in off of Pine -- I know there is two roads. There is one on the south side and there is one on the north side and right now it's open access. One's a dirt road, one's an asphalt road. As you come in this will all be landscaped all the way across to our property line. At this property line that -- the split between the two roads can come back down. And if you can go back to that other picture. One more forward. About three. There you go. Down in this area right here. And Kathy said here is the mail boxes. Kathy, correct me if I'm inaccurate on this. The mail boxes are here. Your phone box is right here. Another -- the property line is this Meridian City Council September 6, 2005 Page 26 of 39 tree right here? Okay. Down the bottom of the 300 feet these pieces of property are about 325 feet wide each. You can go back to just the -- one more. There you go. This property is at 300 feet in depth each. Roughly it's 355, 325, I think 325 again. As you come across here, this roadway will go away at this location and, then, jog back down by the Wilder's property. This is the Wilder's property. So, it would be a little bit to the east of where the telephone box would be. So, that's the location for that. Hopefully, that answers your question, Kathy. If not, I can talk with you out in the hall. We can work that out a little bit more. The property line is where the Wilder's piece is. Is this something we can probably work out? Okay. Kathy and I can work this out in the hallway. I think it's something we can work out. Mr. President, Members of the Council, Kathy pointed out they have been very patient with us. You guys have worked with me for a long time, you know how hard it is to be patient with me. So, I'm sure they have your sympathy and especially your staff, your staff has worked very well and you have been very patient with me as well. These neighbors, it would be great to have in the City of Meridian. I know they are sitting out in the county now and some day in the future, hopefully, we will have them as good citizens of this good city. We disagree, but they are still good people. We'd ask your support tonight, ask for approval, and if you have any other questions, I would be happy to answer those, but if you have no questions for me at this time, I just ask for your approval. Rohm: Thank you. McKinnon: Thank you. Wardle: Counsel, any questions? Bird: Mr. President? Wardle: Mr. Bird. Bird: I just got a statement again. I just -- the job you did with your neighbors and stuff, looking over the minutes and stuff from when you first started this, David it is a real tribute to you and I appreciate that kind of stuff and it makes it a lot easier for us sitting up here when you guys have your meetings and get everything resolved before you come here and I know that it's taken quite a time, but it's well worth it, I think, in the end and to get down to R-2. And I don't blame those out there that they are on their five acre lot, that I wouldn't want anything more than R-3 there either, so I appreciate that. McKinnon: Thank you. Bird: Thank you, David. Wardle: Thank you. Would like to state that, typically, the City of Meridian waits for property owners to ask -- Bird: That's right. Meridian City Council September 6, 2005 Page 27 of 39 Wardle: Typically, the City of Meridian waits for property owners for ask for annexation into the City of Meridian. Would also like to state -- Bird: We never force anybody. Wardle: -- that certainly this appears to have been a good process. I thank the developer for making that a positive in the end exchange and would certainly like to think the neighborhood and the associations and the people that work diligently for expressing their opinion. And, certainly, we will see you again. So, thank you. Council, seeing no further testimony. Donnell: Mr. President? Wardle: Mrs. Donnell. Donnell: I would like to move to close the Public Hearing. Bird: Second. Wardle: It's been moved and seconded to close public hearings on Items 12, 13, 14. MOTION CARRIED: THREE AYES. ONE ABSENT. Wardle: Item number-- Bird: Mr. President, I've got one question before I make a motion. Wardle: Okay. Bird: It says R-4 on our deal, but, then, you said R-3, but, actually, we are R-2. What do we need to make the motion under, R-3 or R-2? Canning: Mr. President, Councilman Bird, R-3. It will -- the UDC will do an automatic rezoning of all R-3 properties, but we need this to be R-3 at this time. Bird: Okay. Thank you. With that, Mr. President, if you would, I would move that we approve AZ 05-012 from RUT to R-3 for the EI Gato Subdivision and to incorporate all staff, applicant, and public testimony and I believe we would have to come back with revised Findings, because they -- wasn't there more lots that was approved by -- Canning: Mr. President, Councilmember Bird, the Findings should reflect the P&Z Commission's approval. So, that would be the 11 lots in the R-3 zone. Bird: Okay. Then, I would approve we -- or move that we approve the Findings, then, Meridian City Council September 6, 2005 Page 28 of 39 Donnell: Second. Wardle: It's been moved and seconded to approve Item 12 with the noted changes to R-3 zone. Mr. Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Wardle: Thank you. Item 13. Bird: Mr. President? Wardle: Mr. Bird. Bird: I move we approve PP 05-014, for 11 building lots and two common lots in an R-3 zone for EI Gato Subdivision and to incorporate all staff, applicant, and public comment and to approve the Findings. Donnell: Second. Wardle: It's been moved and seconded to approve Item 13 as amended. Mr. Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Canning: Mr. President, just for the record, they don't need amended. They are fine to sign tonight. Wardle: Thank you. Item 14. Bird: Mr. President? Wardle: Mr. Bird. Bird: I move that we approve VAC 05-013, to vacate 20 feet portion of ACHD right of way located at 701 North Black Cat Road as part of EI Gato and to incorporate staff, applicant, and public comment. Donnell: Second. Wardle: It's been moved and seconded to approve Item 14. Mr. Clerk, will you, please, call roll. Meridian City Council September 6, 2005 Page 29 of 39 l Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 15: Public Hearing: CUP 05-035 Request for detailed Conditional Use Permit approval for a proposed 4,200 square foot restaurant in a C-G zone on pad No. 3, Lot 2, Block 3, Devon Park Subdivision No. 1 for Devon Park / Fairview Lakes by Fairview Lakes, LLC -north of East Fairview Avenue between North Meridian Road and North Locust Grove Road: Wardle: Thank you. We will now open Item No. 15, Public Hearing CUP 05-035, Conditional Use Permit for Devon Park, Fairview Lakes. Open with staff comments. Canning: Thank you, Mr. President, Members of the Council. I'm going to take a brief minute to say one thing as a general comment. I'm sorry. You might have noticed that the staff reports were all a little different from one another. We are right in the process of changing over. What you will start to see is a new staff report that incorporates all the Planning and Zoning Commission actions, so that the cover letter that you normally see will -- all that information should be on the front sheet of the new staff report. So, we are still working on getting staff the reports all in the same format and it depended on when the project came into the process as to what you're seeing, so bear with us for a little while. Eventually we will get to the point where they all look the same. Wardle: Thank you, Anna. And just a note to staff that, certainly, that's helped in our review of that, to have them all standard, and I like the new format, so -- Canning: Good. And this incorporates our automated format. These are the ones where the planners can just click on a few buttons and get a lot of the general information from the project transferred from the data-base into the Word file. So, it's been fun. Donnell: Good. Canning: Okay. Onto Fairview Lakes, Devon Park. This is yet another in the series of approvals for Devon Park, Fairview Lakes. The one before you tonight is fairly straight- forward. As you know, Fairview Lakes is located on the north side of Fairview in the east -- this portion of the project is east of North Lakes Avenue, and it is a request for conditional use approval of a detailed C-U and it's for a restaurant in the area circled. This restaurant will be 4,200 square feet and it is just for this single building. I do have elevations. Then, this one shows the wall treatment, so it's shaded, so it looks different, but it the same elevation, basically. P&Z has recommended approval of this project at their August 4th, 2005, hearing. At that hearing we talked about the history of the property and, basically they have never gotten detailed conditional use approval for the area that I'm indicating here. It's toward the east end of the site. The north and east end. So, there are some remaining detailed conditional use approvals that need to be Meridian City Council ~ ~' September 6, 2005 Page 30 of 39 done. One of the key issues of discussion is that somewhere in this area they were supposed to provide a pedestrian amenity. We said that in past applications it gave kind of a cutoff on how much of the project could be developed before that needed to come in. Well, the next application needs to have that as basically what we -- the condition we got it. So, in the next application we will see what sort of pedestrian amenity that we will be getting in this area and we talked to the developer at the Planning and Zoning Commission and they were fine with that condition. So, that was the primary issue of discussion and to our knowledge there are no outstanding issues before Council. Wardle: Thank you, Anna. Questions for staff? Bird: I have none. Wardle: Would the applicant like to come forward and, please, state your name and address for the record? Engroff: My name is Beth Engroff. 5211 Barber Station, Boise, Idaho. We are in full agreement with the facts and findings of the staff report and are aware of the amenity and we will proposing that and determining what that will be in our next application. Wardle: Thank you. Engroff: Questions? Wardle: I have a question. I'm trying to figure out which restaurant that looks like. Maybe you could help me. Engroff: Well, unfortunately, I can't elaborate at this time. We haven't -- they haven't signed on the dotted line, so we haven't been able to disclose that. But, hopefully, within the next 45 to 60 days. But it is a local restaurant and -- Wardle: A local restaurant? Engroff: Uh-huh. Wardle: And is that stonework, then, I saw on the exterior of the building? Engroff: It is stonework. That's somewhat tied with the -- probably the restaurant, but also the development at hand. Wardle: Thank you very much. Council, additional questions? Bird: I have none. Engroff: Thank you. Meridian City Council September 6, 2005 Page 31 of 39 Wardle: Is there anyone else that would like to comment on this application? Bird: Mr. President? Wardle: Mr. Bird. Bird: Seeing nobody jumping up to come forward, I move that we close the Public Hearing on Item No. 15. Donnell: Second. Wardle: It's been moved and seconded to close the Public Hearing on Item 15. All in favor? MOTION CARRIED: THREE AYES. ONE ABSENT. Wardle: Mr. Bird. Donnell: Go ahead, Mr. Bird. I'm going to do the next one. Bird: I move that we approve CUP 05-035, with Findings and include all staff, applicant, and public testimony. Donnell: Second. Wardle: It's been moved and seconded to approve Item 15. Mr. Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 16: Public Hearing: VAR 05-017 Request for a Variance to exceed the 35 foot height requirement in the R-8 zone for Rocky Mountain High School by Joint School District No. 2 - 5450 North Linder Road: Wardle: Thank you. I will open Item 16, Public Hearing on VAR 05-017, a variance to exceed a height requirement for Rocky Mountain High School. I believe that's in Meridian School District; is that correct? Okay. Rocky Mountain High School. And I will open with staff comments. Canning: President Wardle, Councilmember Donnell, Councilmember Bird, this is a request for a variance to exceed the 35 foot height requirement for the R-8 zone. This is part of the Paramount Subdivision and it is for Rocky Mountain High School. One wonders when John Denver will break out and start singing. It's located at 5450 North Meridian City Council September 6, 2005 Page 32 of 39 Linder Road and the staff is recommending approval of the variance. It did feel that the Council would be able to make those findings for two particular reasons. One is that if you restricted this use, which is an allowed use in the zone, to the existing R-8 requirements, you would not be able to provide the type of facilities that are typically associated with the high school, such as gymnasiums, and that, in particular, being the most important one, and auditoriums. So, since it is an allowed use and since it is a requirement of that type of building that we felt that Council could make the findings for the variance. I think I'll leave it at that. Other than to say whenever an issue comes up like this, I think, you know, is it an error in the code. Whenever I look at a variance I wonder if we should change the code. I do look at the Unified Development Code. It would still restrict the use to the height limit in the R-8 zone. I think the difference would be if this were to come through now, I think we would look for a different zoning on it. I think we would look for a commercial zoning, which would allow a height variance -- or would allow you to exceed the height limit through a conditional use process, instead of a variance process, and I think that's what we would look at in that situation. So, these are a special use. Hard to plan for having high schools meet other development codes. They are just a unique use. So, staff is in support of the variance. And I'll answer any questions. Oh, I do have some elevations. I'm sorry. Here is the site plan and these are the elevations. You will see it's not just the length of the property. Bird: Is that a high school or a college? Canning: It's not the length of the property, it's just it -- the height does vary, so it's not one large massive view, it does -- it is variated and goes up and down. So, it's not just the full length. Bird: Mr. President? Wardle: Mr. Bird. Bird: I would like to make a comment on what Anna said. And I agree with her for -- I'm one guy that hates CUPS, but I think in an R-8 we have to keep a height deal, not that I don't think that we can't, you know, have a variance on it, which we should. If they are property like tonight is. But I think that to save the R-8 subdivision's zoning, I think we need to keep it under a variance, anything over 35 feet on, I just -- I just think we are doing justice to residential. Now, if they are out in other zoning, then, that's something else. Wardle: Thank you. Additional questions for Anna? We'd like the applicant to come forward and provide a name and address. And comment while the elevations are up that that certainly looks much different than the Meridian School District high school that I graduated from. Daniels: Mr. President, Members of the Council, Ed Daniels, Hummel Architects, 2785 Bogus Basin Road, Boise, Idaho. This is our third high school that we have done for the Meridian School District. It -- every one of those projects that we have done so far have ~. Meridian Cily Council September 6, 2005 Page 33 of 39 exceeded the 35 feet and, like Anna was describing, it's due to just the program of the facility itself, the auditorium and the gymnasium as well, and items that happen within those areas and, you know, what's required for ceiling height clearances and everything else. So, really, you know, as far as having the design, as tall as it is, it's really kind of out of our hands as far as what we can do on the design for some of those volumes. One thing I would like to point out is the higher volume spaces would be the gymnasium back over in here and, then, as well as the auditorium back in here. I'm not sure if you can maybe go to that site plan. There we go. The highest area for the building will be the auditorium complex in here and, then, the gymnasium complex back over in there. And, like she indicated, there is a lot of elevation undulation, I guess you could call it, that happens in between these two mass of buildings. Bird: Go back to the elevation for a minute. What's the open space there on the north elevation? Daniels: This space here? Bird: No. No. Daniels: Here? That's, actually, a -- the elevation as drawn, this is another portion of the building that we are not drawing, just because it's in the foreground. What it is, it is a classroom area. Bird: It's a classroom area? I was going to say, it's pretty hard to -- you're going to have to have some awful nice beams to hold that up. Daniels: Actually, this is the -- well, let me take that back. This is, actually, I believe, the administration area and it's just the volume. And, then, this is other side of the administration area and this is a commons hallway that runs through the two. So, really, the elevation is cut here and, then, it's just basically showing an outline of what they are building in the foreground. So, if you could go back to the plan. Canning: Pardon? Daniels: If you could go back to that one, please. The elevation we are showing is right through here and the portion that you see is basically a section cut through here. Bird: I see. Okay. How many square feet? Daniels: Right now it's programmed at 260,000 square feet. Bird: 260,000 square feet. Donnell: Mr. President? Wardle: Mrs. Donnell. Meridian City Council September 6, 2005 Page 34 of 39 Donnell: Ed, on the south -- or, yeah, let me use this thing. Right here. That's all platted for a subdivision, for homes along there? Daniels: Yeah. I believe in talking to Brighton Development, they have got -- if it's not already in, is to have some residential development along here. Donnell: Seminary? Daniels: I'm not sure where the seminary is. I think it's, actually, maybe going to be planned right here. This is, actually, a -- we are doing a lot of on-site water retention and so we have designated an area -- this is a school district property. We have designated this area as being a second storm water overflow space. And, then, this property is not owned by the school district. Donnell: So, that could be the seminary. So, this is going to be storm drainage? Is that all going to be landscaped? Daniels: Yes, it will be landscaped. I believe we have got landscaping that will occur around here, a little bit across this area, and, then, of course, around the whole area. So, what we have is -- it's a secondary access and what we have had problems with in the past are the soil around in this area, they don't percolate -- meaning they don't drain as well as we would like them to, and so what we have built on this project is a secondary drain access. So, in the event we have some water back up in a heavy rain, we would have some secondary overflow back over there. But it's not anticipated that there would be a lot of standing water that -- Bird: But it would be greened up, besides landscaping; right? Daniels: Right. Currently we have got grass along this, planned in this area, and, then, we have got a landscape buffer around this, as well as the remainder of the residence. Bird: Looks nice. Canning: Mr. President? Wardle: Anna. Mrs. Canning. Canning: Since we have digressed a little bit into site plan issues, the chief of police has indicated that he believes these conditions of approval regarding this, that they kind of do want to access off of Linder, other than that, the primary access was supposed to be off Cayuse, so I'd just ask the applicant to, please, contact staff regarding that and we may need to work on those entrances. Daniels: Okay. Meridian City Council September 6, 2005 Page 35 of 39 Wardle: Council, additional questions for the applicant? Bird: I got a question on that, then. What's the difference between that and the access into Mountain View? There is only one access into Mountain View. Musser: Mr. President, Members of the Council, Councilman Bird, you will have a double access there. However, the main concern we have when Paramount went in and we knew that there was a high school there and I proposed comments on that, was that the half mile mark, which is currently at Cayuse on that roadway, will be for a traffic light as the roadway area develops out. What we were trying to get away from was having additional accesses, which would encourage or allow for left-hand turns across what is going to be a three lane roadway and potentially a five lane roadway down the road. So, we were looking at two accesses only on Linder to help with that. Bird: I understand now. Thanks. Daniels: I'd like to have just one comment, if I could, on that. We have met with ACHD and due to the access into the site with students, how the buses need to work on the site to where there is no conflicts, which is the current condition we have at Mountain View High School with the single access, we have massaged the sight and, actually, the building kind of sets itself up because of this, to have the student traffic here, circulating in this area of the site, as well as the buses, which would be utilized in this area. So, the reason for the two accesses on here was to get away from the issue that we currently have out at Mountain View High School. We did meet with ACRD on this and we, actually, had a -- quite a bit different plan than what we are looking at tonight. But I can certainly work with the staff on seeing where some of the issues may currently lie. Donnell: Okay. Bird: Actually, all we are passing tonight is a variance for the height, so -- Donnell: Right. Right. Bird: Have to come in when you do your plat. Preliminary plat. Donnell: That's right. Wardle: Thank you. Additional questions? Bird: I have none. Wardle: Didn't see on the site plan room for portables, so -- Nary: Mr. President? Wardle: Mr. Nary. r' Meridian Ciry Council ~. September 6, 2005 Page 36 of 39 Nary: Just for the purposes of the record, in your packets -- and you have probably already reviewed it, but you do have an a-mail from Molly Struckman in opposition to the request for the variance. Just wanted to make sure that was noted, that you did have that with you and had the opportunity to review that. Wardle: Thank you. Council, I will open it up for any additional public testimony. We have one written piece in the record. Is there anyone else that would like to testify on this application? Hearing none, Council, I would entertain a motion to close the Public Hearing. Donnell: Mr. President? Wardle: Mrs. Donnell. Donnell: I'd like to make a motion to close the Public Hearing, please. Bird: Second. Wardle: It's been moved and seconded to close the Public Hearing on Item 16. All in favor? MOTION CARRIED: THREE AYES. ONE ABSENT. Donnell: Mr. President, with our apologies for not having you on the agenda at ten minutes until 8:00, which I believe the President promised, so he broke it, I didn't. I'd like to make a motion that we approve the request -- or variance 05-017, request for variance to exceed the 35-foot height requirement in an R-8 zone for Rocky Mountain High School. Bird: Second. Wardle: It's been moved and seconded to approve Item No. 16. Mr. Clerk. Berg: Thank you, Mr. President. Just to clarify, to approve the Findings of Fact and Conclusions of Law. Donnell: Yes, indeed. Thank you. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Wardle: Thank you. And I will be curious to see the mascot of that. I believe I heard a suggestion of a famous singer. Meridian City Council September 6, 2005 Page 37 of 39 Bird: I heard that -- no. I heard -- what is the nickname of the school, Wendell? Have you got the mascot? What -- okay. Well, I personally had rumors -- I didn't think it was true, but I didn't know. Thank you. Donnell: No. Item 17: Ordinance No. 05-1177 AZ 05-025 Request for Annexation and Zoning of 5.47 acres from RUT to R-4 zone for Meridian High School by Hummel Architects - 1900 West Pine Avenue: Item 18: Ordinance No. 05-1178 AZ 05-007 Request for Annexation and Zoning of 43.18 acres from RUT to R-8 zone for Bellingham Park Subdivision by Gemstar Development, LLC -north of Amity Road and east of South Locust Grove Road: Item 19: Ordinance No. 05-1179 AZ 04-031 Annexation and Zoning of 8+ acres from a C-2 zone to a proposed C-G zone for Meridian Gateway by White-Leasure Development Company - SWC of South Meridian Road and West Overland Road: Item 20: Ordinance No. 05-1180 :2005 / 2006 Fiscal Year Budget: Wardle: Items 17, 18, 19 and 20 are Ordinances 05-1177 through 05-1180. I will ask the clerk to read each of these by title only. Berg: Thank you, Mr. President, Members of the Council. Ordinance 05-1177, an ordinance for annexation of property located on a portion of Section 11, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territory situated in Ada County, Idaho, and adjacent and contiguous to the corporate city limits of the City of Meridian as requested by the City of Meridian, establishing and determining the land use zoning classification of said land from RUT, Ada County, to R-4, medium density, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission as required by law and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. Berg: Ordinance 05-1178. An ordinance for annexation of property located in the southwest quarter of Section 29, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territory situated in Ada County, Idaho, and adjacent and contiguous to the corporate city limits of the City of Meridian as requested by the City of Meridian, establishing and determining the land use zoning classification of said land from RUT, Ada County, to R- 8, medium density, 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. Meridian City Council 1 September 6, 2005 Page 38 of 39 Berg: Ordinance 05-1179. An ordinance located in the north -- in the northeast quarter of the northeast quarter of Section 24, Township 3 North, Range 1 West of the Meridian -- excuse of -- of the Boise, Meridian, Ada County, Idaho, as described in Attachment A of this ordinance and the rezoning of 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 C-2, Ada County, to C-G, Commercial General, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission as required by law and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. Berg: And an important one. Ordinance 05-1180, an ordinance providing for a Title providing for Findings, providing for the adoption of a budget and the appropriation of expenditures of the funds of the money to defray the necessary expenses and liabilities of the City of Meridian in accordance with the object and purpose and in certain amounts herein specified for the fiscal year beginning October 1st, 2005, and ending on September 30th, 2006, providing for the waiving of the second and third reading, pursuant to Idaho 50-902 and providing for an effective date and the filing of a certified copy of this ordinance with the Secretary of State. Wardle: Thank you, Mr. Clerk. You have heard each of these items read by title only. Is there anyone that would like to hear them read in their entirety? Hearing none, I would entertain a motion on Items 17, 18, 19 and 20 to be approved with suspension of rules. Bird: Mr. President? Wardle: Mr. Bird. Bird: I move we approve Ordinance 05-1177, 05-1178, 05-1179, 05-1180, with suspension of the rules. Donnell: Second. Wardle: It's been moved and seconded to approve Items 17 through 20. Mr. Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Wardle: Thank you. That brings us to the end of our appointed schedule at 8:35. Apologize for the five minutes late. I would entertain a motion to adjourn. Donnell: So moved. ~~ Meridian City Council ~ September 6, 2005 Page 39 of 39 Bird: Second. Wardle: It's been moved and seconded to adjourn. All in favor? MOTION CARRIED: THREE AYES. ONE ABSENT. MEETING ADJOURNED AT 8:35 P.M (TAPE ON FILE OF THESE PROCEEDINGS) „~, MAYOR T ~, Y DE WEERD ,,,'U~~ ` _t~ror~,q~ $EAL 9ATTESTE %90 ~T~st. '9 ~UAfTY /~rrrr~r~rni iun~~ ~o , ~ , D5 DATE APPROVED G. BERG JR., i September 2, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT Mike Palmer VAR 05-016 September 6, 2005 ITEM NO. S-D REQUEST Findings for Approval -Request for a Variance for the reduction of parking spaces required and modification of parking lot landscaping requirements for Mike Palmer - 1524, 1608 and 1616 North Meridian Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See aHached Findings ~~ OTHER: Contactedc~~~~`1D,,,~,p/`, Date: ~ 4~ Phone: ~~9-~~6 ~~ Emailed: ~ rvap(' Qu1k,,CON1 St fflnitials: ,{,~ Maferfala presented of public meetings shall become property of the City of Meridian. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER xequest for a Variance from Meridian City Code (MCC) 11-13-5 (Schedule of Parking Space Requirements), for a Reduction in Parking Requirements and MCC 12-13-10-4 for required landscape buffer for proposed improvements to a three parcel site, in the C-C Zone for 1524,1608, and 1616 North Meridian Street, by Mike Palmer. Case No: VAR-OS-014 For the City Council Hearing Date of: September 6, 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, 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 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. 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 verified that the property owner of record at the time of issuance of these findings CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).VAR-OS-014 -PAGE 1 of 3 are Pat Palmer, Joe Palmer, and Vella Palmer who have given consent for the applicant to submit the requested application 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit B 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 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 Deparhnent and any affected party requesting notice. 7. That this approval is subject to the Site Plan in Exhibit A. 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: 1. The applicant is hereby granted a variance to MCC 11-13-5 Schedule of Parking Space Requirements, in the C-C Zone of the Old Town Designation to allow for a reduction in parking requirements for a proposed rehabilitation improvements to the site. 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).VAR-OS-014 -PAGE 2 of 3 concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Cade § 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: Site Plan Exhibit B: Required Findings for Variance By action of the Cit~,council at its regular meeting held on the ~ ~ day of ~~fG/r+'~fiV, 2005. COUNCIL MEMBER SHAUN WARDLE VOTED_~ COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE VOTED_~ VOTED ~~~ COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) ~~ o`;~y Attest: _~~ a, ~%~ /~ $EAL William G. Berg, Jr, ity Clerk 9 %F rts1,~ Copy served upon Applicant, `i3~~~}};~1ng,atl~~ VOTED_~-' ~- VOTED Feerc~ Department, Public Works Department •~nnnnm+•~ and C'ty Attorney. By Dated: q- ~' ity Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).VAR-OS-014 -PAGE 3 of 3 EXHIBIT A Palmer Variance VAR-OS-014 Site Plan ]OO.DD• 6rekn z x DRIVE/PgpgNG ~ ~ a tt ~ ~ Fred x/ c ~ PROPgpSE 6 8 BUILDING ~~ 10,1 5 9 BF _ ~//// ~ // G~%~ I ~ ~.__ __p~ ______ _/CCC~ O a G ~? I ~ ~~~ i I x/c ~ ~ I I I I 1 m A ~ 18~8R'"°'" I o F DRIVE/PARKING t 6 g _ __ f. . 6 Q E i p ~ y l L s~b bran ,m„ ~ ~ ~ c PE ]00.00• ]pvN ~Aµxoc{,PE ~~ wr:v~k4Ti7E n~4`" xECPpmEIA~NAgROM w1- I~PPERI E%IBi'G SR[ PIOp HI PEIL ~x PApKIXG 9PACEE BHOWNtlp EXHIBIT B Palmer Variance VAR-OS-014 Required Findings REQUIRED FINDINGS According to Ordinance 11-18-1, Variances, the Council may authorize in specific cases a variance from the terms of either the Zoning or Subdivision Ordinance. Specifically, the Ordinance lists the following Findings (MCCll-18-3), all of which must be determined before granting a variance: A. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Title would clearly be impracticable or unreasonable; Staff finds that the subject property, as depicted, is large enough to accommodate the required open spaces and landscaping required by the ordinance, but not parking. Variances for a reduction in parking requirements have recently (in the past two years) been approved for many properties in the downtown area, including Farmers and Merchants State Bank, Aromatic Sensations, Buich Office Building and Holy Trinity Charismatic Episcopal Church. The proposed mixed use building consists of 15596 square feet of ground floor retail, 10545 of new construction and incorporation of existing buildings. Ordinance requires one (Doff-street pazking space per 200 af. of gross floor area for retail, one (1) off-street parking space per 400 s.f. of gross floor area for office, and two (2) parking spaces for each residential unit, for a total of 52 required spaces. The proposed site plan shows 45 off-street pazking stalls, 1 of which is a compact space. B. That strict compliance with the requirements of this Title would result in extraordinary hardship to the owner, subdivider or developer because of unusual topography, the nature or condition of adjacent development, other physical conditions or other conditions that make strict compliance with this Title unreasonable under the circumstances, or that the conditions and requirements of this Title will result in inhibiting the achievements or the objectives of this Title; The City has adopted goals, objectives, and policies that support mixed uses within the Old Town district. If off-street parking be strictly required for all properties in Old Town, staff believes that a majority of the properties would be restricted to a residential-only use and would not redevelop. Staff generally supports the redevelopment of the smaller, older lots in the original Meridian Township, as these conversions allow for more vibrant commercial areas. Staff Palmer.VAR Exhibit B ( ~ l ~~ finds that strict compliance with the City's parking requirements on this site would result in an extraordinary hardship to the developer due to the circumstances surrounding this property mentioned in the previous finding. Further, staff finds that enforcing the conditions and requirements of the off- street parking ordinance and required landscape buffer will inhibit the objectives of allowing Old Town to be a mixed use area. C. That the granting of the specified variance will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated; Staff anticipates that the variance will not be detrimental to the public's welfare or injurious to other properties in the area. Further, the Council has granted parking variances to properties with similar situations within Old Town, and staff is unaware of any harmful impacts from these parking variances. Staff recommends that the Council reference any written or oral testimony provided at the public hearing, as well as staffls analysis, when determining whether or not the surrounding properties may be negatively affected by granting a variance. D. That such variance will not have the effect of altering the interest and purpose of this Title and the Meridian Comprehensive Plan." Staff finds that the issuance of a variance for reducing parking standards to allow the redevelopment of a small piece of property in a Community Commercial zone in the Old Town designation and will not have the effect of altering the purpose and/or interest of the Zoning Ordinance or the Comprehensive Plan. Palmer.VAR Exhibit B September 2, 2005 AZ 05-020 MERIDIAN CITY COUNCIL MEETING September 6, 2005 APPLICANT DpVld Price ITEM NO. 5-E REQUEST Findings for Denial -Request for Annexation and Zoning of 2.3 acres to L-O zone for Ashfyn Park - SWC of North Meridian Road and West Ustick Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See o~ttached Order CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: fit/ MERIDIAN SCHOOL DISTRICT: /,~/1~ 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: Contacfied~Cvy~Q~/~~ Date: ~l (0 0~ Phone: Emailed: 7 (l Cs.P.C.h lla ~ Co-b ~pc~Q.la2.~-- Sfiaff Initials: J..~i; per„ Q ~ ~~-~ f Matedals presented at public meefings shall become property of the Clty of Meridian. BEFORE THE MERIDIAN CITY COUNCIL C/C06-28-OS 08-09-OS IN THE MATTER OF THE ) REQUEST FOR ANNEXATION AND ) ZONING OF 2.3 ACRES TO L-O ) FOR ASHTYN PARK SUBDIVISION ) DAVID PRICE 1 Case No. AZ OS-020 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL APPLICANT ) The above entitled annexation and zoning application having come on for public hearing on June 28, 2005 and August 9, 2005, at the hour of 7:00 o'clock p.m., Anna Canning, City Planning and Zoning Administrator for the Planning and Zoning Department, David Price appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore make the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearings scheduled for June 28, 2005 and August 9, 2005, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearings and with the notice of public hearings having been posted upon the property under consideration more than one FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL ASHTYN PARK SUDDIVISION; CASE NO. AZ-OS-020 PAGE I OF 4 week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council on June 28, 2005 and August 9, 2005, public hearings; and the applicant, affected property owners, and government subdivisions provided services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§67-6509 and 67-6511, and §§11-2-416E and 11-2-417A, Municipal Code of the City of Meridian. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of Meridian, and all current zoning maps thereof, and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is approximately 2.3 acres in size and is generally located on the southwest corner of north Meridian Road and west Ustick Road, Meridian, within a portion of the S %2 of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho. 5. Presbytery of Boise, an Idaho Corporation, c/o Joey Mills and Blair Clark, is the current property owner. 6. Applicant is David Price, 2291 Greenview Court, Eagle, Idaho 83616. 7. The subject property is currently zoned RUT (Ada County). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL ASHTYN PARK SUBDIVISION; CASE NO. AZ-OS-020 PAGE 2 OF 4 r 8. The Applicant requests the property be zoned L-O (Limited Office). The property which is the subject of this application is within the Area of Impact of the City of Meridian. 9. The entire parcel of property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 10. The Applicant proposes to develop the subject property in the following manner: Office buildings. 11. The Meridian Comprehensive Plan Generalized Land Use Map designates the subject property as Limited Office. CONCLUSIONS OF LAW The City of Meridian has discretionary authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code §50-222. The Municipal Code of the City of Meridian §11-2-417 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The provisions of Idaho Code §50-222 govern the conditions upon which the City v exercise its authority to annex territory, but the exercise of that authority is discretionary as determined by the City Council. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby order and this does order: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL ASHTYN PARK SUBDIVISION; CASE NO. AZ-OS-020 PAGE 3 OF 4 { That the application for annexation and zoning is denied for the following reasons: The proposed development is not in the best interest of the City of Meridian. >`~ By action of the City Council at its regular meeting held on the ~' day of September, 2005. ROLL CALL: COUNCILMAN SHAUN WARDLE VOTED COUNCILWOMAN CHRISTINE DONNELL VOTED COUNCILMAN CHARLIE ROUNTREE VOTED ~~G"'t COUNCILMAN KEITH BIRD VOTED _~ MAYOR TAMMY de WEERD (TIE BREAKER) VOTED DATED: ~ 6 L ~'~ MOTION: APPROVED: ~ DISAPPROVED: K (~ ATTEST: ~~.~`~~y I0~11I" ,~ 'kptrc GvQ~.d/t~ L'i~ L'oGvrcre /~i'rfideaf ~= ~ ~ .~`~~ ' ~ I . SAL CITY CLERK y ~ ~ \ ~'. Fl~ T 18"~ ' \ ~ _ Q '~ i~ '~ r: -v Copy served upon Applicant, the ~1iuu i g anc~ Zoning Department, Public Works Department, and City Attorney BY~~I(~l a_IY~_~/~A~'1~~' Dated: ~'-l'GS City Clerk's Office FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL ASHTYN PARK SUBDI VISION; CASE NO. AZ-OS-020 PAGE 4 OF 4 September 2, 2005 AZ 05-007 MERIDIAN CITY COUNCIL MEETING September 6, 2005 APPLICANT Gemstar Development, LLC ITEM NO. S-F REQUEST Development Agreement -Request for Annexation and Zoning of 43.18 acres from RUT to R-8 zones for Bellingham Park Subdivision -north of Amity Road and east of South Locust Grove Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Development Agreement CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: / MERIDIAN SCHOOL DISTRICT: G,, _/~,(!/~I/^~ 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:f`yY/~,~, ~''c/~.¢JC• Date: q ~D 0,5 Phone: /~~~ ~ ~l~' .fir ct~ Emailed: ~~~~ (~~, ~ry~s~-/Q„-/s. ~p1' Staff Initials: /,~ ~ ~~~ Materials presented at public meetings shall become property of the Clty of Mertdlan. w alley Engineering,lnc. CIVIL ENGINEERING~PLANNING~CADD ~; > r~ T ~~ „Eaz; [ i>~.~ To: Meridian City Clerks office From: A.J. Lopez Tara Green Vla: ^ Pick up by ^ U.S. Postal ^ Fleet Street ®Other VW Date: August 24, 2005 Re: Bellingham Park Attached: Signed Development Agreement Comments: Thanks Tara! Received by: Mileage: Start End 1500 E. Iron Eagle Drive • Eagle, Idaho 83616 • Tel.: 208-938-0013 • Fax: 208-938-0516 v/ww. baileyengineers. com ADA CDUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 65 BOISE IDAHO 09!15/05 02:16 PM DEPUTY Bonnie0berbillig III II~~I~~I~~I~~~I~~I~'~I~I~I~~~~~~~I RECORDED-REQUEST OF Meridian City 19513422 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Bellingham Park, LLC., Owner/Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into thisday of ~ , 2005, by and between City of Meridian, a municipal corporation of the State of aho, hereafter called "CITY', and Bellingham Park, LLC., hereinafter called "OWNER/DEVELOPER". RECITALS: 1.1 WHEREAS, "OWNER/DEVELOPER" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. § 67-651 lA, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the "Owner/Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 1 I-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, "Owner/Developer" has submitted an application for annexation and zoning of the "Property's" described in Exhibit A, and has requested a designation of (R-8) Medium Density, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Owner" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the DEVELOPMENT AGREEMENT (AZ OS-007) BELLINGHAM PARK SUBDIVISION) PAGE 1 OF l l Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 12`h day of July, 2005, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as . if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the Findings require the "Owner/Developer" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Owner/Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re- zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. DEVELOPMENT AGREEMENT (AZ OS-007) BELLINGHAM PARK SUBDIVISION) PAGE 2 OF 11 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "OWNER/DEVELOPER": means and refers to Bellingham Park, LLC., whose address is 228 E. Plaza Street, Suite I, Eagle, Idaho 83616 the party developing said "Property" and shall include any subsequent developer(s) of the "Property". 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned R-8 (Medium Density) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section 11-7-2 D which are herein specified as follows: Construction and development of either a conditional use permit or a planned development application shall be submitted to the City of Meridian prior to a future development in tlxe R-8 zone, and the pertinentprov[sions of the City of Meridian Comprehensive Plan are applicable to this AZ OS-007 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL U5E: "Developer" has submitted to "City" an application for conditional use permit site plan dated Apri126, 2005, and shall be required to obtain the "City"' approval thereof, in accordance to the City's Zoning and Development Ordinance criteria, therein, provided, prior to, and as a condition of, the DEVELOPMENT AGREEMENT (AZ OS-007) BELLINGHAM PARK SUBDIVISION) PAGE 3 OF 11 commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1. "Developer" shall develop the "Property" in accordance with the following special conditions: 1. The Developer will be responsible for all costs associated with the sewer and water service extension. Any exiting domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance § 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 2. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of the development. 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. 3. That development of Phases III and IV shall not commence until FEMA approves the proposed Letter of Map Revision and the flood designation has been revised for Ten-Mile Creek. If the floor plain and floodway boundaries presented with this application are not approved by FEMA, the developer shall have two options: 1) remove any lots within the FEMA-approved floodplain boundaries or 2) resubmit for preliminary plat approval of Phases II and III. 4. The developer shall construct multi-use pathways as required by the Comprehensive Plan. The future crossings of Ten Mile Creek and the Ridenbaugh Canal may be accomplished offside and through anticipated bridges (Davinci Way stub street) connecting future development with Tuscany Lakes and Messina Hills Subdivision. However, the developer shall provide an offside pathway system consistent with the Goals and Policies of the Comprehensive Plan. 5. That the developer shall be responsible for enacting a dewatering program as recommended by the Geotechnical report to be approved by Meridian Public Works. DEVELOPMENT AGREEMENT (AZ OS-007) BELLINGHAM PARK SUBDIVISION) PAGE 4 OF l 1 6. The developer shall dedicate Lot 15, Bloclc 10 to the Nampa Meridian Irrigation District. 7. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Owner" or "Owners" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owner/Developer" consents upon default to the reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owner/Developer" and if the "Owner/Developer" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Owner/Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engirieer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and al l other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 In the event "Owner/Developer", "Owner/Developer's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement maybe modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. DEVELOPMENT AGREEMENT (AZ OS-007) BELLINGHAM PARK SUBDIVISION) PAGE 5 OF 11 10.2 A waiver by "City"ofany default by "Owner/Developer" ofany one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach ofany such or other covenants and conditions. 1 I. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owner's" cost, and submit proof of such recording to "Owner", prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Owner/Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Owner" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, ifthe defaulting parry shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Owner/Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without DEVELOPMENT AGREEMENT (AZ OS-007) BELLINGHAM PARK SUBDIVISION) PAGE 6 OF 11 limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 12-5-3, to insure that installation of the improvements, which the "Owner/Developer" agrees to provide, if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The "Owner/Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner/Developer" has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Owner/Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de- annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions ofLaw, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: DEVELOPMENT AGREEMENT (AZ OS-007) BELLINGHAM PARK SUBDIVISION) PAGE 7 OF I 1 CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 O WNER/DEVELOPER: Bellingham Park, LLC 228 E. Plaza Street, Suite I Eagle, ID 83616 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the "Owner" of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owner", to execute appropriate and recordable evidence of DEVELOPMENT AGREEMENT (AZ OS-007) BELLINGHAM PARK SUBDIVISION) PAGE 8 OF 11 ( C termination of this Agreement if"City", in its sole and reasonable discretion, had determined that "Owner" has fully performed its obligations under this Agreement. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner/Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner/Developer" and "City", other than as are stated herein. Except as herein othertivise provided, no subsequent alteration, amendment, change or addition to this Agreerent shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing re-zoning ofthe subject "Property" herein provided for can be modified or amended without the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER /DEVEL~OP~ER~ ~~ IDT DEVELOPMENT AGREEMENT (AZ OS-007) BELLBQGHAM PARK SUBDIVISION) PAGE 9 OF 11 CITY OF MERIDIAN BY: ,,,~„ ~~w C<~ caw,-.~;c P~w~ ~ ,,, ~ J ~'a'c '' L ~ Cowes-~G ~I d oS Attest: >, ~ = s~A~ CITY CLERK F ~~~ ^ ` DEVELOPMENT AGREEMENT (AZ OS-007) BELLBVGHAM PARK SUBDIVISION) PAGE 10 OF 11 STATE OF IDAHO, ) County of Ada, ss: On this ~ day of 2005, Notary Public in and for said State, pe sonally appeared before me, the undersigned, a Steve Schmidt on behalf of Bellingham Park, LLC, known or identified to me to be the /1'~~Z~q~t . of said corporation, who executed the instrument on behalf of said corporation, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ''•///1111111/OI/,I •'•.. ~a , (SEAL) ~~' NOTARp $ /~ /~. ~•~ ~ Not~ic fo/~r daho ~, 'DU8 ~lC ~ Residing at: aVOLd.Q '•~~•...~••. ~ My Commission Expires: O/-0 -oZ0!/ ~'•., F OF lD~', STATE OF IDAHO ss ~haurvGua~IGCIt. County of Ada ) On this ~~` day of '~ -I-e~6e,- , 2005, before me, aNotary Public, personally appeared and William G. Berg, Jr., know or identified to me to be the and Clerk, respectively, of the City of Meridian, who executed the instrument o the person that executed the instrument of behalf of said City, and acknowledg to me that such City executed the same. f~ n (SEAL) ~^~.•'et~~ •••"•••ti ~T~Q~ N tart' P blic for Idaho ~~ ~OTAR~, S R,esidin at: l~pn`~;ga~ ~{2 * ; ~~~ ~ * e m rssion expires: oy /a a / 07 ~- 1. ~°UBL1G :' BELLINGHAM PARK SUBDIVISION) PAGE 11 OF 11 1450 East Watertower St. Suite I50 Meridian, Idaho 83642 Phone (208) 846-8570 Fax (209) 864-5399 ~~fllingOllIIG1 ~:11'dC Subdivisioe~ May 13, 2004 Revised June 22, 2004 A parcel of land located in the Southwest'/, of Section 29, T. 3N, R. lE., B.M., Ada Cotutty, Idaho, more particularly described as follows: Commencing at the corner common to Sections 30, 31, 32, and the said Section 29, fi'om which the % comer common to said Sections 29 and 30 bears North 00°30'Ol'West, 2651.39 feet; thence North 00°30'01" West, 1325.80 feet to the South 1/16 comer common to said Sections 29 and 30, said point being the It~AL POINT OF I3~GINNING. Thence continuing North 00°30'01" West, 380.82 feet to a point on the Southerlyright- of-way of the Ridenbaugh Canal; Thence along said right-of--way Norih 59°24' 15" East, 1547.40 feet; Thence North OOC0T33" West, 149.12 feet to the C-W 1/16 comer; Thence South 89°38'08" East, 669.96 feet to the Northeast corner of the West''/z of the NEl/4 ofthe SWl/4; Thence along the East line of the West %z of the NEl/4 of the SWl/4 South 00°03'35" West, 1270.84 feet to a point on the Northeasterly line of Ten Mile Creels; Thence along said line North 33°25'06" West, 1310.96 feet to a point on the Southerly rightof-way of said Ridenbaugh Canal; Thence along said right-of way South 59°24' 15" West, 110.13 feet to a point on the Southwesterly line of the Ten Mile Drain; Thence along said line Sontlt 33°25'06" East, 1306.51 feet to a point on the South line of the Northeast % of the Southwest '/,; Thence along said line North 89°42'02" West, 568.47 feet to the Southwest 1/16 comer; Thence almtg the East line of the Southwest %a of the Southwest % South 00°07'38" East, 16.50 feet; Prafessiarral Lnnr( SurNelrors Thence depart 1~g said East line North 89°42'02" West, 671.18 feet; Thence South 00°30'01" East, 130.52 feet; Thence North 89°44'03" West, 659.95 feet to a point on the West line of the Southwest of the Southwest %; Thence North 00°30'01" West, 147.41 feet to the Point ofBegimting. Containing 43.18 acres, more or less. Prepared By: Idaho Survey Group,P.C. ~~~1 a= D. Terry Peugh CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER Jn the Matker of a Request for Annexation and Zoning of 43.18 Acres from RUT (Ada County) to R-8 (Medium Density Residential AND Preliminary Plat Approval of One Hundred-Sixty-Six (166) Single- Family Building Loks and Thirty-Seven. (3'n Other/Common/Park Lots AND Conditional Use Fermat Approval for a Planned Development Consisting of Single-Family Homes with Reduced Minimum Lot Frontages and Reduced Minimum Lot Sizes, by Gemstar Development, LLC. Case No(s): AZ-OS-007, PP-OS-009, CUP-OS-008 For the City Council Hearing Date of: July 12, 2005 A. Findings of Fact Hearing Facts a. A notice of a public hearing was published for two (2) wnsecurive 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 July 12, 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 (far written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing on June 2, 2005 and issued a written recommendation on the subject matter to the City Coumcil- d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2- Process Tracts 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. CITY OF MERIDIAN FINDiNOS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(5). AZ-OS-007 / PP-OS-009 /CUP-05-008- PAGE 1 of 5 Application and Property Facts a. In addition to the application alyd property facts noted in the staff report and the Plamvng & 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 are Rick L McKague, Douglas H. Killam, Lawrence and Gene Smith, Owen $. Garrett, Tom L. Dawson, with developer Gemstar Development, LLC. 4. Required Findings per Zoning and Subdivision prdinance a. See Exhibits G, H, and I 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 hnpact 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 S 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 bythe Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approve] is subject to the Legal Description in Exhibit A, the Preliminary Plat dated July 12, 2005 as shown in Exhibit B, the Site Plan as shown in Exhibit C, the Annexation and Zoning Comments as shown in Exhibit D, the Preliminary Plat Site Specific and Standard Conditions as shown in Exhibit E, and the CUP/PD Site Specific and Standard Conditions as shown in Exhibit F. The wnditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order CITY OF MEIitDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDEk CASE NO(S). AZ-OS-007 / PP-OS-009 /CUP-DS-008- PAGE 2 of 5 Pursuant to the City Council's authority as provided in Meridian Ciky Cade § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated hwe 12, 2005 is hereby conditionally approved; 2. The applicant's Flanned Development Site Plan as evidenced by having submitted the Site Plan shown in Exhibit C is hereby condifionally approved; and, 3. The Site Specific and Standard Conditions are as shown in Exhibits E and F. D. Notice of Applicable Time Limits 1. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. Ilowever, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at Leask thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (] 8) month deadline shall apply to the first phase. hI the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17-4.B.) 2. 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 b7-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-007 / PP-OS-009 /CUP-OS-008- PAGE 3 of 5 with the City Clerk not more than twenty-eight (28) days a$er the fnal 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 o£ Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Exhibits Exhibit A; Legal Description Exhibit B: Approved Preliminary Plat (with conditions) Exhibit C: Approved Site Plan (with conditions) Exhibit D: Annexation and Zoning Comments Exhibit E: Preliminary Flat Site Specific and Standard Conditions Exhibit F: CUPIPD Site Specific and Standard Conditions Exhibit G: Zoning Amendment Findings Exhibit H: Preliminary Plat Findings Exhibit I: CUP/PD Findings B action of the City Council at its regular meeting held on the ~(~~ day of 2005. COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de W EERD (TIE BREAKER) VOTED~g~ VOTED VOTED ~.~p~ VOTED t,~p ~ VOTED CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-007 / PP-OS-009 !CUP-OS-008-PAGE 4 of 5 Weord Attest: G. $erg, Jr., City Copy served upon Applicant, The and City Attorney. Public Works Department ~y' Dated: R- ~ -(} City Clerk's Office CITY OF MERIDLgN FIlYDWGS OF FACT, CONCLUSIONS OF LAW AND DECISION $c ORDER CASE NO(S). AZ.OS-007 / PP-OS-OD9 /CUP-OS-008- PAGE 5 of 5 ~~~>3~TA p~o~ ~op~ P,ellingham Park Sabdivision AZ-05-007 T.egal Description (3 pages) IDAHO s;wa ¢n SURVEY rt:ndm;eslu ~h+, GROUP Pnnne i:4Gi d15.2iT7 Fax 1:l17i Ati1-~1!9 Pmjml Mn.lµyw 9tllingham ParA V"~ I!.'"~1; 5utlllifl510n !ICSneA lune,'.7.?iliµ ,1 pnn'c1 of IanJ Ine:d,J in Ih: Sonanvcst Y. of \t¢unn "/, I. a8., k- !E. IL)L.:bL= G'pnq', Idaln', nxat pwa.ul:nly'JeutihcJ a,c 10110+vs (bfllmuwmgm Jmormcrumminn to S~x'nnm Ill 31. )~, SIIJ 111. salt SCQInn 'U. limn n'hlth lh,' +. rnnlergPnlltmn IJ FAId $k'IPWt ]4 dlxl 3a burrs \olth f9'i au 61 l4csl,'_'L ; FO ltd; tltcnN t\nrW IIII 41 hl' N t'sl.. +?.dll Icei to Illy South I'Ih olmw rJlnnlon w.;nd Stdinne!Y anJ ia, IaiJ print Ir:me the IU•.:11, 1'Ilf\'I 111' 6EGIRM6C. 1'hen[c <unpnuing ~mlh 1Vr;h V)1"14'151. iR(1 K' fQ7lu J POUII 011111" 5 nrthcl iY n• ht nt-uav of the RidmhanPh Canal: 1 hence along snit ngln-ol!•.ra? bah i9 2J' IS" Isul, 154?.-0! turf; 17mncc Nnnh lNll ll?'{t^q'eq 17Y.12 fxl In the l,'-W I:InmmrG Ilenre Ruuth ka 1KUF"Pau, FAQ'! 9fi fca ut a1e Wulhcaq t"nnlernl Jr. R'e>"~; nl lie M1'I!Ird of fle SN'lA: "Ihcn,'. nlnq; lhr F.aa lilx: ullht l4rsl !: of IUe ~PIW of the Sw`L'•f 4vutll lm°al ~ ];" LFcsl, I:ill Fl lid lu a poim on thu tvnnh:nxrAy tin=ai Tw hlilc l'ncl.: 'f hnec along said Im. KnrOt iz'L+ iqi' 1l'rsl, 111U!Ih feat N u Iniinl nmLe ~nnAeA,' nghPnf-x'aY' Of surd NIJen6augh l anal; Tlxnre uloug sail nghH'f u:n' Su1nh i'T''-0' 13" 1Yc,I. 110.17 Iltt lu a p'nc a1: Iln: Smdhu'nslwly 6na 01 Ihc'f rn 41i1r Uraw, liltmta nIOgG Said lint Sunlb t1'_''~'N,~ Pan. IJlIh.+I li'd a' J 1OII11'N Ile $puOl h9C ll ILr ~nnl'ea.+l'; ni Ih2 Snulhued ! S; Exhi bit A -Bellingham Park C~UOG3 ~06°'~ , 8 IDAHO sa¢x i> ~ SURVEY !''Pn~m,iw~~.5ie{l '. GROUP Phana;tAo; 4{6 Y.9d by I:'n316i{.5399 Pngrrl nu n11Hil RCTIU R-R )fai l!,'Viu flrllinghanltiubditisioo keri:rJiusk!,LiBtl A panel ul IanJ totaled in Wr 3nn,he ca 4. aGS~edun d'r.'I. ]n , k.1 E- B.\T,. Ada inimh~, IAahu. moYr lxlgiuularls Jwado:J as ialluu's fomnlrnein at tlk corner namuunm Str~inm tll, 31. i', ,nut Ihe>:wl Scrliun?'1, Rum ulnrh the b. Coster rammnn lo;ziJ 5'redgs "I and 3n Lav l:`nrtL Ln°3irUl ivesl.ail,N9 izrC lhenea Smrh ull'tfl'ii`We0. L!li1V I~t7 w the lnulli blii comer cmnnou to e:nJ Sreunn:!9 and lV, euiJ pans 6cing Ihr kP'..1L I'OlR7 Uh BF;41Vt•ING. fhalccennnmm~p Vnri1'kl`t')'Ul"4l'rs, Ik11.8! ices to a pUinl ~,n Ihr Snnd~elly n;ho- ul'•u•ay ui Ihr Ridenhain;h 1'aual: Ihrnn alnny.+aiJ nrJn-ul-xay Non6 ~U'iJ'IS" Lust,15.1'i 4Ulral. lbenze M,nb rl9"U" J7"West. Nn l! ftxN lu the PW 14drump: Thrtur slang the F:ul. R',yl mid-scchnn line tioalh Rm7S'0$" Fut, on!496 Let l4enrc 21ank the l'aa tin: of Ihr i4`es1 +~ of the KG 1+4 of Ihr SW lid Snut6 U,''4)')~' 14cvL. I?! f.d9lirr In the sdnlhcall rwncr of Ihz l1`r,i a': ulllri VF.'s of IIIJSP; 5.: 'I hznra nnltlt R'r'J2b; ~ 1Srsl, ddi.dl fret Li the SW Uld comer, ihrnce ulon^. rhC hnl tort of the Gimlhxrosl'a el Otz Saulhursl'. ~ 1on16 Idr li;'l;i"Farr. 10 iU Izrl; fhnlt, drp.ulmg snid Fca Imr Nnnh'hY 4"u!" i4'ttl, d"1.16 LYr 'I'hentt' Snmh 11U-~!!'UI" FrsL 1'!45! lea. ,;..,,.., n'.,nn w•1Yo;`tt': ,; 65V•K fret In nla;inl un the N'csl lint nl the lnndn~r81 Exhibit A--Bellingham Pnrk f~OC~G3 ~0~~ I~Crru J~:pdrtua :ac! F.esl ~mc'!>rl i'a J''~i'~ 1\'~:.La'1 ;6 !~r:'. TL Sur i~~•:11'~ n~~ iV III' Lest I'!I i1 Ict. I hcntz \arlh'J'/` tSp~' \0.o'L b`4 95 G:'.1 In a pnnA oO the 14 ri! hn. of IL` Snifhn':>I nl li4 (nltllM:;l ^C ihanrz Yedll nlr ;n'nl IVs: ' J ~ ,71 Henn Ilk Ymnl ui Prgmiuci:. lmli,au!ne ~li.l' ac1~, ItlJh ill Ir:.i. 1'apantl fly: IJahu 51111'f4 Q1U01~-{' ~ . ~1 1 AI ~~ a ~I\\~. ~l 31 p 1\ ~~~ \~'~H~ 14i~sf ~u U. itny Veug6 Exhibit A -Bellingham Park EXHIBIT B Bellingham Park Subdivision PP-05-009 Approved Preliminary Plat - -- ~.. ^'~lg,J __ _ f y!~;Ij~ 1~ 1J"~ ~ItFlililfi'FS a!. ~e~; p~~~ - _ ~. ~. ill -i-I ; ,. , , - ,iIZ,=~; ~tg i I_ _ lil :il~h tit;ll ~~ii I~{~i~l~y.;~~t ~l ~~l ~~~ rF;.~ a' ,. ._'.~'. I u~- L}j i ,-- -- {~, }i,~i,.i, iJ I. i~~='; 'Y~illll~g~~?~ Y , ~ ilnl 1.1 lit Li al I I ' III I: it ui I, F3._ , s i~ ,-__~-, f~ iiQ! a' ! { i~ ,yf 'iii; "1 i'f ... ... s r i/gi'i'9s q "~i Y•Y ~ ~1 1 ~~ ',~1 ill: y. q q. dj•ygY ~i Y !s ~.1~i3~ =-Sr ~ ' F. ~ k~ 'atsr' F' S Rq ~`Vq ~' ~,Y., `_ 5i ii;€nlt:!tJt~e`~iz ~ + .°.~~ ly i t,~. a= ~ ~' I ' ~\'Si`y / , ~ 5 La ~ i~{~.3i13i r. i:~!S . I~` ~ i7. ~',d. i ;! 1 y -.. c y ~ y. - •r •` y I ry~ sC' h I •s 1._.J ~ v q J(~ _. i ~ _ }`s ~ ~ ~ . q 6 i 4 a~f~i ,, ~Il~s! ;, ,~ ~. ' Feu ~~. i I s ! ~ ;i~ F!ug ~e i i, ' R ,...,: EXHIBIT C Bellingham Park Subdivision CUP-OS-008 Approved Site Plan ;Z=1 Ali .~' ,::: :~.. ~~ i ' '~ 'i tltltl ~~?~ ~~~~'~F: ~. ;, ~. i::ry '~~~- 1'i(. 1 n~.'o~l ~\N` j ... ~ i ci i~~ ~`l iii}1:~[Lfli i i' ~ <- ' : i `I~ ~ . ~_x I;I;Ilkl~ x~ - I sib ~'r°- , I k. ... 1 I ' "' is ir.. (~ ~: i -~ 1.;1+ i 5. .~ ~° . ,. , ~ ~ : ~ It ~ .' !. I i • ~f I! {-f. _~ i ~ l b .n 1 e' i # ' ~ i ,~ ! Fl p~ .. ~: ~ JI ' , i ~~ s . f .. ~'"~ ~~ , . ~, ~ _, ~.' ~. ~ ~ r~ ~ . APPROVED STI'E PLAN AMENDED by Submittal dated 4/26/05 EXIITBIT D Bellingham Parlr Subdivision AZ-OS-007 Annexation and Zoning Comments ANEXATION & ZONING Cp1VI1VIENTS The annexation legal description submitted with the application (stamped by D. Terry Puegh, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 2. Any future subdivision, uses and amstruction on this property shall comply with the City of Meridian ordinances in effect at the time. 3. A Development Agreement (DA) will be required as part of an annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the properly owner(s) (at the time of annexation ordinance. adoption), and the developer. The annlicant shall contact the Citv Attorney Bill Narv, at 888-4433 to initiate thts process The DA shall incorporate the following: That the applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. That all future development of the subject property shall be constmcted in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. That development of Phases III and IV shall not commence until FEMA approves the proposed Letter of Map Revision and the flood designation has been revised for Ten-Mile Creek. If the flood plain and floodway boundaries presented with this application are not approved by FEMA, the applicant shall have two options: 1) remove any lots within the FEMA-approved floodplain boundaries or 2) resubmit for preliminary plat approval of Phases II and III. The developer shall construct multi-use pathways as required by the Comprehensive Plan. The future crossings of Ten Mile Creek and the Ridenbaugh Canal maybe accomplished offsite and through anticipated bridges (Davinci Way stub street) connecting future development with Tuscany Lakes and Messina Hills Subdivision. However, the applicant shall provide an onsite pathway system consistent with the Goals and Policies of the Comprehensive Plan. Exhibit D - $allingham Park a That the developer shall be responsible far enacting a dewatering program as recommended by the Geoteehnical report to be approved by Meridian Fublic Works. • The developer shall dedicate Lot 15 Block 10 to the Nampa Meridian Irrigation 1]1Str1Gt. Exhibit D -Bellingham Park EXlIIBIT E Bellingham Pariz Subdivision PP-O5-009 (Amended 7uly 26, 2005) Preliminary Plat Site Specific and Standard Conditions The preliminary plat prepared by Bailey Engineering, Inc, dated Jau 06, 2005, is approved, with the conditions listed herein, All comments/conditions of the accompanying Annexation/Zoning (AZ-OS-007) and Conditional Use Permit (CUP-OS-008) and Development Agreement shall also be considered conditions of the Preliminary Plat (PP-OS-009). In lieu of strict adherence to micro-path locations, the applicant may propose an alternative multi-use pathway system in compliance to the 2002 Future Land Use Map if approved by the Meridian Parks Department. A multiuse pathway shall be connected to the east along the Ridenbaugh canal in cooperation with adjoining projects and developments. 3. Place a note on the face of the final plat stating that all future front garage setbacks shall be 20-feet as measured from the property line or the back of sidewalk, whichever is more restrictive. 4. Prior to the City Engineer's signature of a final plat containing all structures not contained on a designated lot shall be removed. 5. The submitted landscape plan prepared by The Land Group, lnc., dated 1-14-OS is not approved as submitted. The following should be included in a revised landscape plan: • Depict and construct a 10-foot wide gravel shoulder on Ten Mile Road abutting the site, with the remaining portion of the right-of--way being landscaped with lawn or other vegetative groundcover. • Depict the micropaths as required by Site Specific Condition #6. • All micropaths within the proposed subdivision shall be designed in accordance with MCC 12-13-15 "Micropath Landscaping" and MCC 12- 4-3 "Pedestrian Walkways." Micropath fencing shall be constructed per MCC 12-13-15-9, • All areas being counted toward the open space requirement shall be free of "wet ponds" or other such nuisances. All stortttwakex detention facilities incotparated into the required open space are subject to Qrdinance 12-13- 14 and shall be fully vegetated with grass and trees, as depicted on the submitted landscape plan. • Any tree over 4" in caliper that is removed from the pxoperty shall be replaced by installing additional trees, being the equivalent number of Exhibit E -Bellingham Park caliper inches of trees that were removed. Required landscapitAg pees will not be considered as replacement trees for those trees that are removed. Other than the changes listed above, khe approved landscape plan is not to be altered without prior written approval of the Planning & Zoning Department. 6. Construct amicro-path as depicted on the Planned Unit Development Site Plan, Sheet PUD date Apri124, 2006 and drawn by Bailey Engineering, Inc. Include a connection for the micro-path to the east along the Ridenbaugh Canal in Cooperation with developments to the east, Appropriate signage should be included in the micropath as to direct pedestrian traffic to the appropriate trail system. 7. All road drainage shall be contained on site in the roadside swales as depicted. No trees shall be placed in such a manner as to interfere with drainage. 8. 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 Nampa and Meridian 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, plans will be reviewed and approved by the City Engineer prior to final plat signature. 9. The applicant has not indicated who will own and operate the pressurized irrigation system within this development. Underground Year-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If the pressurized irrigation system within this development is to remain a private homeowners' association system, complete plans and specifications shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual shall be submitted prior to plan approval. The applicant shall be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is used, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 10. A detailed fencing plan shall be submitted upon application of the final plat. Fencing along all canals and waterways shall be a minimum of 6' in height and constructed of non-combustible materials as to not interfere with regular maintenance of ditches and waterways by Nampa Meridian hrigafion District. If Exhibit E-Bellingham Park permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of building permits. All fences shall taper down to 3-feet maximum within 20 feet of all right- of-way. All fencing shall be installed in accordance with MCC 12-4-10. I1. Maintenance of all common areas shall be the responsibility of the Bellingham Park Homeowners' Association. 12. The applicant is proposing to sewer phase one of this development from an existing sewer main in Locust Grove Road. The balance of the proposed development is to be sewered from an extension of a hunk main located in Tuscany Lakes phase 3. The applicant shall be responsible to construct sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Depat~tment. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. Cover over sanitary sewer mains shall be no less than 3-feet from finish grade to the top of the pipe. If weer is less than 3-feet from the sub-grade to the top of pipe, alternate pipe materials shall be used per the Meridian Public Works Department's Standard Specifications, Auy sewer mauls not located in the right-of--way shall have a 20-foot wide easement with an all weather access road, and said easement shall be free of any large landscaping. 13. Municipal water to this site shall be via extensions from existing mains in Locust Grove Road. Applicant will be responsible to construct the sewer and water mahns 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 14. Staff is concerned about the potential effects of high groundwater in the proposed project area. Two significant waterways affect this property: the Ridenbaugh Canal along the entire northern boundary and Ten Mile Creek intersecting the project. Conventional wisdom holds that the shallow ground water table recedes once development occurs and agriwltural irrigation ceases and waterways are tiled. However, every year a number of homeowners contact the Public Works Department regarding water in their crawl spaces in developments that have been completely built out, The engineer shall be required to certify and ensure that the street centerline elevations are set a minimum of 3-feet above the highest established groundwater elevation, and that the bottom elevation of the crawl spaces of homes is at least 1-foot above said groundwater elevation. 15. The approval of this proposed development shall be wnditional on the applicant being able to obtain a letter of map revision from FEMA for the proposed modified flood plain boundaries or redesign the development to comply with Meridian City Code 10-6-5 regarding Provisions for Flood Hazard Reduction. Exhihit E-Bellingham Park 16. Due to relatively high existing groundwater levels, applicant shall submit a Master Grading and Drainage plan as part of the development plates to be submitted with each phase of this development. The Master Grading and Drainage plate shall include at a minimum the following: a. Groundwater contours for this development at peak seasonal high depth. b. Finish floor elevation for atl houses in this development. c. Elevation of crawl space for all houses in this development. d. Finish grade elevation at each lot corner. e. Drainage flow patterns on all lots, Applicant shall maintain a minimum of five ground water monitoring wells in project, at locations approved by the Public Works Department. Applicant shall continue monthly ground water monitoring for two years after final approval of each phase and provide information to the Public Works Department. If structural fill is to be placed on any lot, material specifications and compaction requirements shall be detailed and submitted to Public Works and the Building Department. If slab-on-grade construction is utilized in conjunction with typical footings, builders of each lot shall comply with all recommendations contained in the applicant's Geotechnical Engineering Report (dated 6/10/04) prepared by Michael G. Woodworth, P.E., of Materials Testing & Inspection, Inc. regarding slab on grade construction. The builder of each lot shall provide fill material gradation certification and a minimum of one wmpaction testing report per 500 square feet of first floor area (including garage) and provide such reports to the Meridian Building Department prior to commencement of any Beaming. The Master Grading and Drainage Plan must be approved by the Public Works Deparhnent prior to overall plan approval. Builders must provide finish floor and crawl space elevation certificafion for each house prior to issuance of certificate of occupancy. 17. All residential construction, where foundations would be within soil Groups II through 1V of the Unified Soils Classification System, shall comply with the International Residential Code R405.1, pertaining to the requirement of drains around all wncrete foundations that retain earth and enclose habitable or usable spaces located below grade. Approved drainage systems shall be installed at or below the area to be protected and shall discharge by gravity or mechanical means to an approved drainage system. The applicant shall provide Public Works and the Building Department with detailed soil classification profile of each test hole as determined by Associated Earth Sciences Incorporated. Exhibit E -Bellingham Park 18. Other than the public street accesses approved by ACHD, direct lot access to Locust Grove Road is prohibited.. A note shall be placed on the final plat restricting access to Locust Grove Road. 19. A covenant shall be recorded for each lot within Itellingham Park Subdivision stating that the owner of the lot shall be responsible far maintenance of the drainage Swale located on ACHD Right-of-way fronting on the lot. GENERAL III[tE1~TENTS-PRELIMINARY PLAT 1 • All grading of the site shall be performed in conformance with MCC 11-12-3$, 2. Sidewalks shall be inskalled within the subdivision and on the perimeter of the subdivision pursuant to MCC 12-13-10-8. 3. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4• Street signs are to be in place, water system shall be approved and activated, fencing shall be installed, drainage lots constructed, road base shall be approved by the Ada County Highway District, and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 5• All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certi$cates of occupancy. 6. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 7• Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 8. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers, 9. A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the fma] plat application. 10. Coordinate fire hydrant placoment with the City of Meridian Public Works Department, 11. Two-hundred-fifty and one-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at Exhibit E-$ellingham Park 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. 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 mitigated. 13. Submit any up-dated groundwater/soils monitoring data, as collected and analyzed by a soils scientist, to the Public Works Department for review. Any drainage areas (detention/retentionbosins) must be designed to ensure that water will percolate or discharge with a period of time not to exceed 24-hours for all storms up to and including a 100-year storm events. Side slopes within drainage areas shall not exceed 3:1. Any portion of a drainage area not improved with sod/grass seed (or other approved landscaping) shall not count towards the required open space area. The project engineer should pay close attenfion to the results of field studies determining the groundwater, soil type & and characteristics during the design and construction phases. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established normal groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above peak high groundwater. 14. The applicant shall coordinate mailbox locations with the Meridian Post Office. 15. 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. 16. 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. 17. 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 seasonal high groundwater elevation. 18. The 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. 19. Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. Exhibit E -Bellingham Park 20. Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. Other A enc /De artment Comments & Conditions Meridian F9re 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 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. The phasnag plan may require that any roadway greater than 150' in length that is nok provided with an outlet shall be required to have an approved turn around. 5. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 6. For all Fire Lanes, paint the curb red and provide signage "No Parking Fire Lane", 7. Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. Exhibit E -Bellingham park ( l~ 8. To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The applicant shall provide a stub sneet to the property to the (west/east/nortl>/south). The two enhances should be separated by no less than %2 the diagonal measw•ement of the proj ect. 9. The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. 10. The proposed 166-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 481 residents at build out. 11. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 12. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feek (183 m). MERIDIAN PARKS DEPARTMENT 1. Pathway and Trail standards; The proposed pathway and/or trail shall meet the standards as set forth in the August 2003 Comprehensive Parks and Recreation System Plan, pgs. 3-2 and 3-3, sections B & C. 2. Standard for City to assume Maintenance of a aection of Pathway: The pathway must connect from one major arterial to another, and either an easement or Exhibit E -Bellingham Park ownership deed must be granted before the city will assume the maintenance of any section of pathway. 3, Minimum acreage standard for City Park: The City is willing to develop and maintain Community Parks, Urban Parks, and Neighborhood Parks. Neighborhood Parks will be reviewed on a case-by-case basis. The City may choose to maintain neighborhood parks at an acreage of seven acres or larger. It will be the responsibility of private homeowner groups or associations to develop and maintain the smaller mini parks and some Neighborhood Parks in their subdivision that the City does not maintain. 4. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13-6) will be followed. 5. Standard Plan for Protection of Existing Trees during Construction' The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be followed. MERIDIAN POLICE DEPARTMENT 1. The proposed development and/or plat do not offer natural surveillance opportunities of the public areas. Prior to the next public hearing, the applicant shall meet with the Police Chief and/or Planning Staff to discuss features that increase visibility, including but not limited to: doors and windows that look out on the public areas, front porches, and adequate nighttime lighting. The site plan and/or landscaping plan shall be revised in accord with those discussions. 2. Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. Central District Health Department 1. Run-off is not to create a mosquito breeding problem. 2. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 3. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. ADA CO[1NTY HIGHWAY DISTRICT Site Specific Conditions of Approval Exhibit E -Bellingham Park 1. Dedicate 35-feet ofright-of--way from the centerline of Locust Grove Road abutting the parcel by means of recordation of a final subdivision plat oz execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--Way dedication after receipt of all requested material. The owner will not be compensated for this additional right-of--way because Locust Grove Road is classified as a collector roadway and is to be brought to adopted standards by the developers of abutting properties. If additional right-of--way is needed to accommodate the required left and right turn lanes, the applicant shall dedicate sufficient right-of--way to construct those improvements. 2• Construct W. Wrightwood Drive as a 36 or 41-foot residential collector street section with vertical curb, gutter, and sidewalk from Locust Grove Road to W. Mitman Avenue. Provide 21-foot street sections on each side of the proposed landscape island on W, Wrightwood Drive at the intersection with Locust Grove Road. Stripe W. Wrightwood Drive at the intersection with Locust Grove Road, to accommodate simultaneous left and right turn movements onto Locust Grove Road. 3 • Construct a southbound left turn. lane on Locust Grove Road at the intersection with W. Wrightwood Drive. Provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. 4• Construct a northbound right-turn lane at the sight approach intersection with Locust Grove, as recommended by the submitted Traffic Impact Study. 5. If the applicant meets the criteria for the alternative street section, construct the internal streets, with the exception of W. Wrightwood Drive, as an alternative street section that includes 32-feet of pavement with a 1-foot minimum concrete ribbon curb (or vertical curb) and 4-foot concrete sidewalks that are detached by an 8-foot wide drainage Swale within 62-feet ofright-of--Way. If it is determined that this site does not meet the established criteria, then the applicant will be required to construct internal streets as a standazd residential streets that includes a 36-foot street section with rolled curb, gutter, and 5-foot concrete sidewalk within 50-feet ofright-of--way. 6• If the applicant meets the criteria for the alternative street section, construct W. Wrightwood Drive as an alternative street section that includes 32-feet of pavement with a 1-foot minimum concrete ribbon curb (or vertical curb) and 4- foot wncrete sidewalks on both sides of the roadway that is detached by an 8-foot wide drainage Swale within 62-feet ofright-of--way. If it is determined that this site does not meet the established criteria, then the applicant will be required to construct West Wrightwood Drive as a standard street that includes a 36-foot ExhibitE-$ellingham Park street section with ctu~b, gutter, and 5-foot concrete sidewallc within SO-feet of right-of--way. The following access restrictions for W. Wrlghtwood Drive shall be noted on the final plat: • Lot 3, Block 7 shall not have access to W. Wrightwood Drive. • Lot 2, Black 6 shall have an on-site turnaround to prevent the direct backing of vehicles onto W, Wrightwood Drive and the driveway will be required to be constructed with Wrightwood Drive at the east property line. 8. Conshuct a knuckle with a landscape island on W. Wrightwood Drive abutting Lots 4-ti, Block 6 to prevent the direct backing of vehicles onto W. Wrightwood Drive. Provide a 29-foot street section on the south side of the knuckle if a standard street section is proposed OR provide a full alternative street section. 9. Any landscape islands or medians shall be owned and maintained by the homeowner's association. Notes pf this are required on the final plat. 10. Construct W. Wrightwood Drive, the main entrance, to intersect Locust Grove Road so that the southern right-of--way line for Wrightwood Drive aligns with the property line on the west side of Locust Grove Road, as shown on the revised plan dated August 23, 2004. 11. Construct one alley between Blocks 2 and Block 3 that intersects E. Deerhill Street and W. Wrightwood Drive. The alley shall have aminimumright-of--way width of 16-feet and shall be paned its entire width. 12. Install traffic circles at the intersections of W. Mitman Avenue/Wrightwoad and S. Glenmere Avenue/Wrightwood. The applicant should coordinate the exact location and design of the traffic calming devices with District Traffic Services Staff. 13. Construct West Rangewood Drive as a stub street to the east property line located approximately 210-feet south of the north property line (measured property line to centerline). Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED 1N THE FUTURE." 14. Construct South Broadview Avenue as a stub street to the south property line located approximately 320-feet west of the east property line (measured properly line to centerline). Construct a turnaround at the terminus of S. Broadview Avenue, as proposed. Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." 15. Canstruct S. Overhill Avenue as a stub street to the south property line located approximately 1,120-feet west of the east property line (measured property line to Exhibit E -Bellingham park centerline). Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." 16. Conshuct W. Mitman Avenue as a stub street to the south property lute located approximately 535-feet east of the west property line (measured property line to centerline). Construct a temporary turnaround at the terminus of W. Mitman Avenue. Install a sigu at the terminus of the stub street stating that, "THIS ROAD WILL I3E EXTENDED IN THE FUTURE." 17. Plat no more than 104 homes until one of the stub streets is extended AND a public road connection is made to either Locust Grove Road or Amity Road. 1$. Other than the access that is specifically approved with this application, direct lot access to Locust Grove Road is prohibited and shall be noted on the final plat. 19. Comply with all Standard Conditions of Approval. AC13D Standard Conditions of Approval 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 maybe 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 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. 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. Exhibit E -Bellingh2m Park 8. Payment of applicable road impact fees are required prior to building conshuctiou in accordance with Ordinance #200, also known as Ada County Highway Dishict Road Impact Pee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-af--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 ht the event any ACHD conduits (spare or filled) are compromised during any phase of construction, 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 bistrict. 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 waiverlvariance ofsaid requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Exhibit E -Bellingham Park E7tI3IBIT F Bellingham Park Subdivision CUP-OS-008 (Amended duly 26 20051 CUP/Pp Site Specific and Standard Conditions SITE SPECIFIC CONDITIONS-CONDITIONAL USE PERMIT 1. The site plan prepared by Bailey Engineering, Inc, dated April 26 2005 with a revision date of June 12, 2005, is approved; with the conditions listed herein. Applicant shall meet all of the requhements of the Atmexation/Zoning (AZ-OS- 007) and Preliminary Plat (PP-OS-009) as a condition of the Conditional Use Permit (CUP-OS-008). 2. The project shall conform to the R-8 dimensional standards, except as follows: 1. Minimum frontage: 36-feet (non cul-de-sac lots). 2. Minimum lot dimensions: 4,140 sq ft. The applicant shall provide detailed open space calculations at the P&cZ Commission public hearing, clarifying what percentage of the site will be set aside as landscaped open space (not including required street buffers). If rnodifieations to the plat/site plan/landscape plan are required by the Comrxussion, said plan shall be subntted to the City Clerk at least 10 days prior to the public hearing. In addition to providing 10% of the site as open space, provide at least one other amenity in accordance with the requirements of the City Council at the recommendation of the Commission. 4. Construction within Bellingham Park Subdivision shall substantially comply with the elevations submitted by the applicant. 5. No zero lot line Lots will be allowed in Bellingham Park Subdivision. 6. All construction forBellingham Park Subdivision will be slab-on-grade as defined by the Meridian Building Department. Exhibit F - Bellingham Pa~•k ]E7~IlIBIT G Bellingham Park Subdivision AZ-OS-007 Zoning Amendment Findings According to Meridian City Code (MCC) 11-15-11, General Standards Applicable tc Zoning Amendments, both the Planning & Zoning 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: 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; In Chapter VII of the Comprehensive Plan, `medium density' is defined as areas including single-family homes at densities of three to eight dwelling units per acre. Staff finds that the requested 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". The 3.84 dwelling units per acre proposed with the preliminary plat are consistent with previous Commission and Council actions and generally conform to the goals, objectives, and action items contained in the Comprehensive Plan for this area. In addition, in the applicant's cover letter (dated January 15, 2005) lists several Comprehensive Plan policies, all of which support the annexation and proposed residential use of the property. Staff finds the following 2002 Comprehensive Plan text policies to be applicable to this application (staff anadysis is in italics below policy): After evaluating the original preliminary plat submittal and the Comprehensive Plan policies regarding hazardous use (/loodplain), multi-use pathway, and preservation of natural features areas, staff discussed with the applicants agent the portion of the site within the floodplain and along the Ridenbaugh Canal, the Eight Mile Drain and Ten Mile Drain designated for mulK-use pathways. Staff expressed concerns that the proposal does not conform to the purpose statement of the natural features goals and policies and staff cannot make the findings to recommend approval based on thefollowing.• Chapter V A.2 P30 -Hazardous Areas -The purpose of the floodplain District is to guide development in the flood-prone areas of any watercourse that is consistent with the requirements for the conveyance of flood flows and to minimize the expense and inconveniences to the individual property owners and Exhibit G -Bellingham Perk ~ r the general public through flooding. Uses permitted in this district are generally associated with open space, recreational, and agricultural land uses and do not hinder the movement of floodwaters. The applicant has submitted a letter from Paul Kttnz indicating that the applicant has made the first indications of ftling for a Letter of Map Revision to the Federal Emergency Management Agency. The Cetter indicates that if the farm access roads are removed then the 100 year floods would be contained within the banks of Ten-Mile CreelF Similarly to the existing floodplain there are two primary sails located onsite as defined by the geotechnical report. As reported bath soils types are prone to flooding with seasonal high groundwater levels at 1.5-5,feet below grade. The engineering reports indicate that water in the crawl spaces is to be expected and shallow groundwater is a concern for construction across the site. Dewatering of the site is expected and a dewater-ing program was recommended by the geotechnical engineer. The submitted plan has seventy (70J lots proposed in the current floodplain designation. All homes are expected to have moderate to severe groundwater problems. The seasonal high groundwater levels are calculated as the average depth to water during peak seasons; however actual high groundwater levels at this site are expected to be at grade if a dewatering program is not instituted. The applicant has submitted a letter from John Anderson, of Nampa Meridian Irrigation District addressing usage along major canal systems. Staff feels the revision dated April 26, 2005 adequately addresses the relocation of the multi-use pathways west of Ten Mile Creek. However, the NMID letter supports staff's original recommendation that additional open space lots should be placed along the Ten Mile Creek and Ridenbaugh Canal east of the Ten-Mile Creek to provide additional buffer to these major features of concern in the intersection of the two major waterways. Staff feels that the dedication of Lot I8, Bdock 10 to the Nampa Meridian Irrigation District is appropriate to mitigate the anticipated residential impacts west of the Ten- Mile Creek as long as a pathways connection is made from Bellingham Park Subdivision to the east along the Ridenbaugh Canal. Staff feels that the relocation ofparks, pathways and drainage lots in relation to the high ground water would be the most beneficial to future owners. Past approvals of subdivisions with potential for groundwater in crawlspaces has created a concern for the health/safety and welfare of future owners. The overall design ofsubdivisions helps mitigate these future problems. Chapter VI C.2 P71 -Multiuse pathways; Pathways that encourage use by bicyclists and pedestrians can decrease road congestion and add to the Exhibit G-BellinghamPuk f community's quality of life. The proposed off-street and multiuse pathway systems are depicted in Figures VI-3 and VI-4. New and existing developments should ensure that the guidelines laid out in this plan are adopted. With the redesign of the subdivision the applicant has included multiuse pathways proposed in this development. The Comprehensive PZan indicates in Figures VI -3 and VI-4 the locations of pathways along the Ridenbaugh Canal, Eight Mile Creek, and Ten-Mile Creek. In response to the Nampa Meridian Irrigation District letter indicating the need to have all pathways located away from the interchange of the Ten-Mile Creek and the Ridenbaugh Canal, the applicant has proposed an alternate route for the pathway. Staff supports the pathway system in these locations providing connection to Locust Grove Road, near tl:e intersection with the Ridenbaugh Canal. With the relocation of the pathways away from the canal systems the applicant has also proposed a more intensive use closer to the irrigation interchange than a pathway. Staff' proposes that the applicant construct multi' use pathways similar to Tuscany Lakes and Messina Hills Subdivision north of the property. These developments placed the pathways in cooperation with the Comprehensive Plan along the Eight and Ten Mile drains, utilizing the streets systems for canal/creek crossings and creating open space lots to buffer the irrigation system from new development . The Muldtuse pathway should be continued in the following locations: Staff feels that the open space lot should be continued along the east side of Ten-Mile Creek to provtde a connection through the open space from the south of the development along Ten Mile Creek to dhe connection with the Ridenbaugh Canal and future connection with Tuscany Lakes and Messina Hills Subdivisions. The following goals and policies support the request for additional open space along natural resources.• • "Preserve and conserve our waterways, wetlands, wildlife habitat, and other natural resources."(Chapter V, Goal I, Objective Al) • "Preserve open space for recreation conservation and aesthetics" (Chapter V, Goal I, Objective A2) • "Identify waterways, wetlands, and other natural resources for preservation" (Chapter V, Goal I, Objective A, Action item 1) • "Identify feasible interwnnected greenbelt areas along waterways, railroads, etc." (Chapter V, Goal T, Objective A, Action item 2) • "Develop and maintain greenbelts along waterways" (Chapter V, Goal I, Objective A, Action item 4) Exhibit G- Bellatgham Park • "Improve and protect creeks (Five Mile, Eight Mile, Nine Mile, Ten Mile, South Slough, and Jackson and Evans drainages) throughout commercial, industrial, and residential areas" (Chapter V, Goal I, Objective A, Action item 11) Staff also finds the following 2002 Comprehensive Plan text policies to be applicable to this application (staff analysis is in italics below policy): • "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal 1V, Objective D, Action item 4) As depicted on the Comprehensive Plan Future Land Use Map, the applicant is proposing to construct a 25 foot wide landscape berm with dense vegetation along Locust Grove Road. Staff is supportive of these widths, as long as the entire buffer lies outside the ultimate right-of--way, and the sidewalk is located outside of the 25 foot wide buffer (or increase buffer to 40 feet). See Site Specific Condition #5 in the Frediminary Plat section below. • "Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land use decisions." (Chapter VI, Goal II, Objective A, #3) This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. "On-street bikeways should be incorporated on all future Collector streets" (Chapter VI, Figure VI-5) Figure VI-S on page 57 of the Comprehensive Plan designates an on-street bikeway mid-mile between Victory Road and Amity Road. The applicant is proposing a 36 foot street section for Wrightwood Llr (collector). The applicant has not proposed an onstreet bike path for Locust Grove road between Victory and Amity but the addition of a 10 foot gravel shoulder for future expansions should accommodate bike lanes. A portion of the site located south of Wrighkwood Drive and on either side of Mitman Ave is in the Low Density Residenflal Comprehensive Designation. In Chapter VII of the Comprehensive Plan, `Low density' is defined as areas including single-family homes at densities of three dwellinc units or less uer acre. The applicant is requesting that all the subject site be zoned R-8 (Medium Density Residential). The R-8 district allows for a maximum of eight (8) dwelling units per acre (MCCll-7-2.C), however the design more closely resembles an R-4 development. The applicant's requested design provides for larger lots consistent with a lower density transitional area. Exhibit G -Bellingham Park The comprehensive plan states on Page 104, Objective D- Plan for appropriate uses within rural areas: "Require new urban density subdivisions which abut or are proximal to existing low density residential land uses to provide landscaped screening or transitional densities with larger, more comparable lot sizes to buffer the interface between urban level densities and rural residential densities. " Terrier Subdivision is located immediately south of the property with three lots of approximately five acres each and is classified as low density xesidential. Tots ] - 6 and Lot 8 of Block 1 and Lpts 1-2 of Block 7 have a calculated residential density of 2.99 dwelling units to the acre or (7 residential lots / 2.34 acres) which is consistent with the maximum allowance within the Low Density Residential Designation. Staff recommends that the Commission and Council rely on staff s analysis, public testimony received and any comments submitted from any other agencies or departments regarding whether the proposed zone and subsequent development is harmonious with and in accordance with the Comprehensive Plan. B. Is the area included in the zoning amendment 'attended to be rezoned in the future; Concuaent with the annexation and zoning application, the applicant has submitted a preliminary plat and conditional use permit proposing single-family lots on the subject site (PP-OS-004 & CUP-OS-004), Staff does not anticipate that the applicant plans to rezone the subject property in the future if the accompanying CUP/PD and PP applicafions are approved. 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; The existing proposal is consistent with the Comprehensive Plan. Staff does not anticipate commercial or other uses are planned for 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 khe proposed rezone area; Staff fords that a substantial portion of the land to the north and east has been develeped (or approved for development) in a manner similar to the proposed subdivision, with single-family dwelling units. Tuscany Lakes Subdivision to the north was approved with a gross density of 2.34 dwelling units per acre and a school site. Tuscany Lakes Subdivision is an R-4 subdivision with the lot range from 10,000 square feet to 30,000 square feet. Neighboring Ada County Exhibit G -Bellingham Park ( ~ Developments are in the 1 acre to 5 acre size range. This development is proposing significantly smaller lots, but within the acceptable limits for a medium density development bordering a low density residential az-ea. There have been no recent street improvements in the area. k'urther, Locust Grove Road is not currently scheduled within ACHD's Five Year Work Program or Capital Improvements Plan (CIP) for roadway widening. A portion of this development is currently not serviceable by the City of Meridian's sanitary sewer system. Phase one of this development is eligible to sewer to an existing main located in Locust Grove road. The remainder of this development is planned to sewer via the future 24" service line to be run under the Ridenbaugh Canal and through Tuscany Lakes upon build out. Staff ankicipates the sewer line to be in the near vicinity prior to development of this proposal. Other urban services, such as water, are near to this site and the applicant should be able to extend such services t4 the site. Staff finds that the subject site is denser than surreunding proposals and provides a housing type which has not been utilized in the immediate vicinity (Blocks 2-3). The overall proposal is consistent for development in a fashion similar to other properties in the area. 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 has submitted several front elevations for the proposed single- family homes. If the homes are constructed in substantial compliance with the submitted elevations, they will be similar in design to other residences in the area. The existing chazacter of the area will, and is, currently changing. Flowever, this is the first development to apply for approval south of the Ridenbaugh Canal, This development will set the tone for how the rest of this area, particularly the south, develops or does not develop and how those developments deal with high groundwater issues that prevail in this area. Similar developments in the neax vicinity have already experienced high groundwater along the Ten Mile Creek and Ridenbaugh Canal. The proposed homes must be designed, constructed, and maintained in significant compliance to the recommendations as listed by the Geotechnical experts report and with the conditions imposed by this report. The houses must be designed in a fashion as to not allow any groundwater to enter the crawlspaces, otherwise the housing products should be constructed without crawlspaces. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; Exhibit G-Bellingham Park Due to other existing and proposed uses near the site, staff does not anticipate that the proposed zoning/uses will be physically hazardous to future or existing uses or neighbors in the area. The one exception may be with regard to the floodplain. The floodplain must be engineered as to not hinder any floodwaters leaving the site. If a flood event occurs and buildings impact the flow of water downstream then the use may become hazardous to the neighboringpropeities. The applicant should institute a dewatering plan to mitigate high groundwater issues as dictated by the Geotechnical Report. Staff has required a dewatering plan as a condition of approval. Staff recommends that the Commission and Council rely on staff analysis, comments from other agencies, and public testimony to determine whether the proposed use will be disturbing or hazardous to the existing neighboring uses and future expected uses in this vicinity. 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; A portion of this development is currently not serviceable by the City of Meridian's sanitary sewer system. Phase one of this development is eligible to sewer to an existing main located in Locust Grove road. The remainder of this development is planned to sower via the future 24" service line to be run under the Ridenbaugh Canal and through Tuscany Lakes upon build out. Staff anticipates the sewer line to be in the neaz vicinity prior to development of this proposal. Other urban services, such as water, are near to this site and the applicant should be able to extend such services to the site. Water to serve this development is existing or currently under development with Tuscany Lakes Subdivision. The applicant shall be responsible for the extension of utilities to and through 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 as well as construct on-site storm water drainage facilities. Based on the comments received from other agencies/depamnents, staff finds that the public services listed above can be made available to accommodate 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 project. 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; Exhibit G-Bellingham Perk If approved, the developer will be financing the extension of sewer, water, public street infrash•ucture, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police, school facilities and services. Staff finds there will not be excessive additional requirements at public cost and this development will not be detrimental to the economic welfare of the community. f. 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; Staff recognizes that traffic and noise will increase with the approval of a development on this site; however, staff does not believe that the amount generated will be detrimental to the general welfare of the public. Staff does not anticipate that annexation and development in accordance with current city code and the Comprehensive Plan will create excessive noise, smoke, fumes, glare, or odors. Staff finds that if open space Lot 13, Block 12, were to develop in a similar fashion to Tuscany Lakes subdivision then the open space would help to facilitate the pedestrian traffic from the subdivision to surrounding uses. Fencing along all canals and waterways shall be a minimum of 6' in height and constructed of noncombustible materials as to not interfere with regular maintenance of ditches and waterways by Nampa Meridian Irrigation District. 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; The applicant is proposing to construct one public street entrance into the site from Locust Grove Road and provide future public street connection to the site from Amity Road and through to Eagle Road. The proposed public street entrance to Locust Grove Road has been proposed to ACHD. if all vehicular approaches (streets) are approved and constructed in accordance with ACHD policies, staff does not believe that the subdivision will create interference with traffic on the surrounding public streets. Please review any continents from ACHD for this project for additional information regarding this finding. IC. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and The comprehensive plan defines the Ten-Mile Creek as a natural feature of importance. As described in the Annexation and Zoning Analysis A. The applicant should make all attempts at preservation of this natural feature. There Exhibit G-Bellingham Park ~~ are many game species in the vicinity which utilize the drainage systerms for habitat. Any existing trees larger than 4" caliper that are removed should be mitigated for, per the Landscape Ordinance. Staff recommends that the Commission acid Council reference any public testimony that may be presented to determine whether or not the proposed development may result in the destruction, loss or damage of a natural or scenic feature(s) of importance of which staff is unaware. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592,11-17-1992)? In accordance with the findings listed above, staff finds that the annexation/zoning of this property, as proposed by the applicant, would be in the best interest of the City. Exhibit G-Bellingham Park EXHIBIT $ Bellingham Park Subdivision PP-OS-009 Prelainunary Plat Findings Sections 12-3-3 7.2 and 12-3-5 D read as follows: "In deteLxnining 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; Please see Annexation and Zoning Analysis "A" above. 13. The availability of public aerviees to accommodate the proposed development; Please see Annexation and Zoning Analysis "G" above. C. The continuity of the proposed development with the capital improvement program; Because the developer will be required to install sewer, water, and utilities for the development at their cost, staff finds that a development on this property will not require the expenditure of capital improvement funds. D- The public t3nancial capability of supporting services for the proposed development; The development will not require major expenditures for providing supporting services. Staff recommends the Commission and Council rely upon comments submitted from the public service providers (i.e. police, fire, ACRD, etc.) to determine this finding. (See finding "G" under Annexation and Zoning Analysis above, and the Agency Commonts and Conditions at the end of this report for more detail.) E• The other health, safety ar environmental problems that may be brought to the Commission's attention. Staff finds that there should not be any health, safety or environmental problems associated with this subdivision that should be brought to the Council or Commission's attention; other than the floodway and groundwater issues previously discussed, no hazardous natural features have been identified on the site. ACRD considers mad safety issues in their analysis. Staff finds the Commission and Council should rely on any public testimony that maybe presented to determine whether the proposed use may cause health, safety or environmental problems of which staff are aware. Exhibit H -Bellingham Perk SPECIAL C(DNSIDERATIONS-PI2ELIIVIINARX PLAT Public Streets and Access• The applicant is propasing to construct through roads (Wrightwood Drive) connecting Locust Grove Drive with fuhue projects to the east and south. Wiightwood Drive to Highcliff Avenue is shown as a 36-foot wide street will serve as the collector street in this area and will pravide access to Locust Grove Road for all parcels in this section. Staff is supportive of the proposed design, as it will provide access to future development across Ten Mile Creek for all parcels in this section. 2. Right-of-wav & Landsc~e Buffers• Arterial Sfreats: Staff recommends that the applicant be required to comply with the ACHD's requirements for right-of--way dedication along Locust Grove Road. Landscaping and sidewalks adjacent to Locust Grove Road should be constructed in compliance with MCC 12-13-10. A 25-foot wide landscape buffer, located entirely outside oftheright-of--way and not including the width of the sidewallc, should be provided along Locust Grove Road. See Site Specific Condition #5 below. 3. Stub Streets: The applicant is proposing to construct stub streets to adjacent parcels east and south of the site. Staff is supportive of the proposed stub street locations. 4. Unimproved Rig_ltt-of-Wav Meridian City Code 12-13-10-9 requires a 10-foot wide gravel shoulder abutting right-of--way where the unimproved portion of the right-of--way is greater than 13 feet (measured from the edge of pavement to the edge of sidewalk or property line), and road widening is not in the ACHD Five Year Work Program. The remainder of the unimproved right-of--way should be landscaped with lawn or other vegetative gmundcover. Locust Grove Road abutting this site meets the warrants for the 10-foot wide gravel shoulder requirement listed above. Therefore, the applicant should be required to construct a 10-foot wide gravel shoulder on Locust Grove Road, with the remaining portion of the right-af--way being landscaped with lawn or other vegetative groundcover. See Site Specific Condition #5 below. 5. Internal Streets• The applicant is proposing to construct all internal streets with a 36-foot street section with 5-fook wide detached attached sidewalks with drainage swales. The entire street, including the sidewalk, is contained within the ACHD right-of--way. Staff is supportive of this design. To keep cars that park in front of garages from blocking the sidewalk, all future face-of-garage setbacks should be 20-feet (measured from the property line or the back of sidewalk, whichever is more restrictive). See Site Specific Condition #3 below. 6. Micro-paths: Staff recommends that amicro-path connections be provided as depicted as closely as possible according to the Comprehensive Platt, There are three distinct natural features in this area that are potential locations £or multi-use Exhihit H-Bellingham Park C pathways. The Ridenbaugh Canal rumung east to west, The Eight Mile Creek from the northeast and conmecting to the Ridenbaugh Trail, and the Ten Mile Trail Way connecting the northwest to future developments south ofthe City of Meridian. This recommendation will allow greater pedestrian access to the parks located in from the south. See Site Specific Condition #6 below. 7. Ping of Ditches: 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 Nampa and Meridian 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 cannot be obtained, plans will be reviewed and approved by the City Engineer prior to final plat signature, See Site Specific Condition #8 below. 8. Pressure hrieation• The City of Meridian requires that pressurized irrigation systems be supplied by ayear-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is used, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with MCC 12- 13-8 and MCC 9-1-28. See Site Specific Condition #9 below. 9• Fettcine: The applicant has not proposed to construct any fencing around the perimeter of the site. Fencing along all canals and Waterways shall be a minimum of 6' in height and constructed ofnon-combustible materials as to not interfere with regular maintenance of ditches and waterways by Nampa Meridian Irrigation District. A detailed fencing plan should be submitted upon application ofthe fmal plat (MCC 12-4-1 O.F.3). 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 #10 below. 10. Sanit Sewer The entire development is currently not serviceable by the City of Meridian's sanitary sewer system. Phase 1 will be served by a connection in the Locust Grove Right of way, while sewer service for the western phases ofthe development will be via the future main located along Ten Mile Creek, through Tuscany Subdivision and piped under the ltidenbaugh Canal. See Site Specific Condition #12 below. Exhihit H - Bel lingham Park EXFIIBTI' 1 Bellingham Park Subdivision CUP-OS-009 CUP/PD Findings The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in teams of the following and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish (11- 17-3): CONDITIONAL USE ANALYSIS The Commission and Council shall review the particular facts and circumskances of each proposed conditional use in terms of the following and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish (11-17-3): A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parlting, landscaping and other features as may be required by this ordinance; As part of the Planned Deve]opment (PD) the applicant is requestiug relief from the standard street frontage requirement and lot size requirement and standard setbacks, as required by Meridian City Code. See Special Consideration #1 below for detailed analysis. Staff finds that the subject property is large enough to accommodate the requested use and all other required features. Although the site is large enough to accommodate all of the features required by ordinance, the applicant has asked, through the Planned Development, to modify specific development standards. Staff recommends that not all requirements be waived as requested. See Special Consideration #1 below for detailed analysis. B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plaa and in accordance with the requirements of khis Ordinance; Staff fmds that the proposed single-family residential subdivision, with a gross density of 3.$4 dwelling units per acre, is generally harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the site to be "Medium Density Residential" and "Low Density Residential" (provided the Commission and Council grant the requested planned development). Please see Annexation & Zoning Analysis "A" above. C. That the design, construction, operation, and maintenance will be compatible Exhibit t -Bellingham Park with other uses in the general neighborhood and with tlt!e existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; Please see Annexation & Zoning Analysis "E" above. b. That the proposed use, if it complies with all conditions of the approval imposed, will trot adversely affect other property in the vicinity; Staff recommends that the Commission and Council rely upon public testimony, staffs analysis, and other agency comments when determining if the proposed uses will adversely affect other properties in the vicinity. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; Please see Annexation & Zoning Analysis "G" and "H" above, the "Other Agency/Department Comments and Conditions" at the end of this report, and any comments that maybe submitted to the City Clerk regarding this project. F. That the proposed use 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; Please see Annexation & Zoning Analysis "H" above. G. That the proposed use will not lnvalve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Please see Annexation and Zoning Analysis "I" above. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Please see Annexation & Zoning Analysis "J" above. The Commission and Council should review any comments received from the ACHD provide for this project when determining this fmding. I. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Exhibit I -Bellingham Park Please see Annexation & Zoning Analysis "K" above. SPEC I. CONSIDERATIONS-COIVDITIONAi, USE PERMIT Reduced Standards: As stated earlier, the applicant is requesting modifications from standard ordinance requirements for street frontage and lot size. L t Size: The applicant has xequested reduced lot sizes; the submitted preliminary plat has lots below the 6,500 square-foot minimum size. Therefore, a modification to the standard R-$ ]ot size of 6,500 square-feet is applicable. The proposed lot sizes range from 4,860 square-feet to 14,290 square-feet. Lot Prontaee: The minimum requested street frontage is 36-feet. There are 144 lots that have between 36-feet and 64-feet of frontage (65-feet is the minimum for the R-8 zone). Staffis supportive of reducing the frontage for some of the lots as it provides lot diversity. Setbacks: The applicant's submittal of 4/26/05 requests that this development not be subject to any setback standards. Staff recommends that all setbacks for the R- 8 zone remain in place, Staff would recommend even greater setbacks fox lots along canals and waterways to help mitigate any NMID issues. Amenities: MCC 12-6-2.A.3 requires two or more amenities to be provided as part of each planned development, The proposed amenities for the subject planned development include: a 2.8-acre open space lot and 5.03 acres of open space/park. The proposed open space makes up 11% of the site, 5% minimum is required and it takes 10% to count open space as an amenity. However, parking for soccer/softball has not been addressed by the applicant. On-street parking will be limited adjacent to the 2.8-acre park, and if parking is provided on-site, that takes away from the useable green area. The applicant is proposing parking for the clubhouse located on Lot 10, Block 3. Staff has not seen a rendering of how the clubhouse would be used and/or upgraded for public use. The applicant shall submit for a building permit to change the occupancy of the single family residence to address the new proposed use as an amenity. As proposed, staff does believe that the proposed park areas provide sufficient amenities relative to the size of the proposed development and the requested relief of development standards. Landscaped open space means land exclusive ofstreetrights-of--way and street buffers, except forright-of--way specifically dedicated for landscaping within a subdivision. The applicant states that the total open space areas account for 5.03 acres (11.66%). which meets the open space definition in the PD ordinance. No drainage lots, required street buffers, or canal buffers have been included in this calculation. Exhibit I -Bellingham Park 3• Elevations: The applicant has submitted several front elevation drawings for the proposed dwelling units. Staffbelieves that the dwelling units will be compatible with the adjoining uses, if the buildings are constructed as shown on the submitted elevations, Construction within Bellingham park Subdivision should substantially comply with the elevations submitted by flee applicant. Construction materials used on the structures should be approved by the City of Meridian Building Deparhnent and in accordance with the most recent Uniform Building Code. See Site Specific Condition #4 below. Exhibit 1- 6ellingham pazk September 2, 2005 AZ 04-031 MERIDIAN CITY COUNCIL MEETING September 6, 2005 APPLICANT White-Leasure Development Company ITEM NO. 5-G REQUEST Development Agreement -Request for Annexation and Zoning of 8+ acres from a C-2 zone to a proposed C-G zone for Meridian Gateway - SWC of South Meridian Road and West Overland Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEFT: 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: Phone: S~-~~~( Materials presented at public meefings shall become properly of the City of Meridian. COMMENTS See attached Development Agreement ~~ ADA COUNTY RECORDERR J. DAVID NAVARRO AMOUNT .00 22 ~, DEPUTYA onn'e~Obe bill, PM RECORDED-REQUEST OF III I~Illll~llllllill~l~l~llllllll ~ tll Meridian Ciry 105134293 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. William and Mary Howell, Owners 3. White Leasure Development Company, Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this ZJ~;%day of ~ , 2005, by and between CITY OF MERIDIAN, a municipal corporation o the State of Idaho, hereafter called "CITY", and WILLIAM AND MARY HOWELL whose address is 497 White Cloud Drive, Boise, Idaho 83709, hereinafter called "OWNER", and WHITE LEASURE DEVELOPMENT COMPANY, whose address is 416 S. 8a' Street, Suite 200, Boise, Idaho 83702. 1. RECITALS: 11 WHEREAS, "OWNER" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, LC. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the "Owner" and/or "Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, "Developer" has submitted an application for annexation and zoning of the "Property" described in Exhibit A; and 1.5 WHEREAS, "Developer" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing DEVELOPMENT AGREEMENT (A~04-031) MERIDIAN GATEWAY-Page 1 of 12~ ( ~ services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 18s' day of January, 2005, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the Findings require the "Owner'.' and "Developer" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNER" and "DEVELOPER" deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Owner" and "Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. NOW, THEREFORE, inconsideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. DEVELOPMENT AGREEMENT (AZ-04-031) MERIDIAN GATEWAY -Page 2 of 12~ 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "DEVELOPER": means and refers to White Leasure Development Company, whose address is 416 South 8`" Street, Suite 200, Boise, Idaho 83702, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.3 "OWNER": means and refers to William and Mary Howell, whose address is 497 White Cloud Drive, Boise, Idaho 83709, the party owning said "Property" being developed and shall include any subsequent owner(s)/developer(s) of the "Property". 3.4 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned C-G (General Retail and Service Commercial) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section 11-7-2 (C) which are herein specified as follows: Annexation and re-zone of 9.08 acres from C-2 (Ada County) to C-G (General Retail and Service Commercial) with a conceptual commercial subdivision within the Meridian entryway corridor designation. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. DEVELOPMENT AGREEMENT (AZ-04-031) MERIDIAN GATEWAY -Page 3 of 12-1 5. CONDITIONS GOVERNING ANNEXATION AND RE-ZONING OF SUBJECT PROPERTY: B. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: 1. The legal description submitted with the application meets the requirement of the City of Meridian and State Tax Commission and places the parcel contiguous to existing city limits. 2. The subject property is within the Urban Service Planning Area. Essential City services can be made available to the subject property. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 4. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel 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, plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature. 5. All future uses on proposed lots or parcels within the annexation area shall be approved through the Conditional Use Permit process. 6. Prior to the issuance of any building permit on the subject property, all existing uses shall be properly abandoned or brought into compliance with the Meridian City Code, Meridian Fire Department, and subject to the Conditions of ACRD and ITD. 7. The applicant shall comply with the conditions and comments of all City Departments, and other agencies. 8. The applicant shall coordinate the location and design of trash dumpster(s) with the Sanitary Services Company (SSC) staff. Trash enclosures must be built in the location and to the size approved by SSC. All dumpster(s) must be screened in accordance with MCC 11-12-1.C. Contact Bill. Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped DEVELOPMENT AGREEMENT (AZ-04-031) MERIDIAN GATEWAY -Page 4 of 12~ (approved) plans with your certificate of zoning compliance application. 9. No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a Certificate of Zoning Compliance (CZC) from the Meridian Planning and Zoning Department (MCC 11-19-1. 10. All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy maybe obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including a paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 11. If construction has not begun within 18 months of City Council approval, a new conditional use permit must obtained prior to the start of development. 12. Outside lighting shall be designed and placed in such a manner as to eliminate glare and illumination of the adjoining roadways and properties, in accordance with City Ordinance Section 11-13-4.C. 13. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted by the City Engineer (Ord. 557,10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 14. All signage shall be in accordance with the standazds set forth in Section 11- 14 of the City Zoning and Development Ordinance. 15. All construction shall conform to the requirements of the Americans with Disabilities Act. 16. Applicant's (or successor's) failure to comply with any of the terms of approval of the conditional use permit shall be cause for revocation of the conditional use permit. DEVELOPMENT AGREEMENT (AZ-04-031) MERIDIAN GATEWAY -Page 5 of 12~ C. Comply with all the conditions in the corresponding applications in this matter, Request for Annexation and Zoning, AZ-04-031 and any future Conditional Use Permit requirements. D. Adopt the action of the City Council taken at their February 1, 2005 meeting as follows: For clarification: All future uses on proposed lots or parcels within the annexation area shall be approved through the Conditional Use Permit process. 2. Prior to the issuance of any building pemut on the subject property, all existing uses shall be properly abandoned or brought into compliance with the Meridian City Code, Meridian Fire Department, and subject to the Conditions of ACRD and TI'D. 7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the comrnitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Owner" and/or "Developer" or "Owner" and/or "Developer's" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development" of subject "Property" of this agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.C. § 67-6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owner" and/or "Developer" consent upon default to the de-annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owner" and/or "Developer" and if the "Owner" and/or "Developer" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Owner" and/or "Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: DEVELOPMENT AGREEMENT (AZ-04-031) MERIDIAN GATEWAY -Page 6 of 12~ 10.1 In the event "Owner" and/or "Developer", "Owner" and/or "Developer's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by "City" of any default by "Owner" and/or "Developer" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION: `City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Developer's" cost, and submit proof of such recording to "Owner" and/or "Developer", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the Ci[y Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Owner" and/or "Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement maybe sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Owner" and/or "Developer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty DEVELOPMENT AGREEMENT (AZ-04-031) MERIDIAN GATEWAY -Page 7 of 12~ l' ~ (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Owner" and/or "Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 12-5-3, to insure that installation of the improvements, which the "Owner" and/or "Developer" agrees to provide, if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The "Owner" and/or "Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner" and/or "Developer" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Owner" and/or "Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CTI'Y: DEVELOPER: c/o City Engineer White Leasure Development Company City of Meridian 416 S. 8`s Street, Suite 200 DEVELOPMENT AGREEMENT (AZ-04-031) MERIDIAN GATEWAY -Page 8 of 12~ 33 E. Idaho Ave. Boise, Idaho 83702 Meridian, ID 83642 OWNER: with copy to: William and Mary Howell City Clerk 497 White Cloud Drive City of Meridian Boise, Idaho 83709 33 E. Idaho Ave. Meridian, ID 83642 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, temilnation or forfeiture of this Agreement. 19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the "Owner" and/or "Developer" of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owner" and/or "Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole DEVELOPMENT AGREEMENT (AZ-04-031) MERIDIAN GATEWAY -Page 9 of 12-15 and reasonable discretion, had determined that "Owner" and/or "Developer" has fully performed its obligations under this Agreement. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner" and/or "Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner" and /or "Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. DEVELOPER: BY: v tteZeasure~edppment Company DEVELOPMENT AGREEMENT (A~04-031) MERIDIAN GATEWAY -Page 10 of 1213 owNERS: William Howell BY:.~ C~~ ~.-~Z1 ,~ Mary I~w 1 CITY OF MERIDIAN ATTEST: ~,,,B.Y„^ ~y~ ,~ ~~~L cow.ucp~frr~.,~ William G. Berg, Jr. City Clerk STATE OF IDAHO ) COiTNTY OF ADA ) ~,` ~ ~,` ~~ '°~T ts~ • P t:~-ry A ss ~,~ G hj Cdw~.-~ ~_6 -v ~ On this a ~ day of ~ Use'(-" , in the year 2005, before me, a Notary Public, personally appeared F1~- . ~~--V~l ~-~2A~. SuX'Z ,known oridentified to me to be the ~AIV'VriEl.V1 Di-'~12. ~tY-P~. of White Leasure Development Company, and the person who executed the instrument and acknowledged to me that they having executed the is~i on e o say cornnrati n. NOTARY PUBLIC STATE OF IDAHO _ ~~0.~'~~{ ~ ~IZI,V,(~..~ (SE Notary Public for Idaho Residing at: I JO ISP , DEVELOPMENT AGREEMENT (AZ-04-031) MERIDIAN GATEWAY -Page 11 of 123 Commission expires: ~'~~"o~ STATE OF IDAHO ) COUNTY OF ADA ) ss On this ~~ day of ,~ lam' , in the year 2005, before me, a Notary Public, personally appeared WILLIAM and MARY HOWELL, husband and wife, known or identified to me to be the persons who executed the instrument and acknowledged to me that they having executed the same. (SE )NANCYTHRONGARD NOTARY PUBLIC STATE OF IDAHO STATE OF IDAHO ) ss Ne~vt~~F ~~ `Y~t'oylr~~- Notary Public for Idaho Residing at: ~iolS~.- Commission expires: ~-I l8 ~0(0 County of Ada ) .~~zaw,~.lNtv,d/t On this ~+ day of ~ Leh, 6e.- , in the year 2005, before me, a Notary Public, personally appeared and William G. Berg, Jr., known or identified to me to be the and Clerk, respectively, of the City of Meridian, who executed the instrument the person that executed the instrument of behalf of said City, and acknowledged to me t such City executed the same. (SEAL) ••••GQ' r;.....,,~~ $ti J ,`pRY •~ g .~ P~~ ~O~.i G :O ~: ~ Pv$V~ ~~ k ~ ~~ `~ DEVELOPMENT AGREEMENT (AZ-03-027) PAGE 12 OF 12'x'," ~' EXHIBIT A C Legal Description Meridian Gateway A~04031 Roylance & Associates P.A. ~" Engineers , sntvayors. LaMplennera 391 W. State SVee6Sute E, Eagle, Waho 83818 Telephane(208)g042824 Fax(20B)97&2858 Ottobcr l5, 2004 Project Number 2580 Legal Desctip0on White-Loasure Devcloptncnt Company Anncxmion Arm 9.06 Acrrs A tract aF land silualed in the Natheasl Onc Qusner of the Northeast One Quancr of Sation 24, Townddp 3 NoAr, Range 1 West, Boise Meridian, Ada County, Idaho, described sa follows: Commencing st the SeeOOn Comer rnonumenting the Nonhenst comer of said Section 24 end the POINT OF BEGI4NNG. Thence following Ate norrhedy line of said Section 24 and the centerline of West Overland Road, Nosh 89°4645' West a diuanoe of 525.00 feel to a point; Thrace Imving said nonltedy line and the centeAinc of West Overland Road, South 00°3738" West a dismnoe of 753.SU feet to o point nn Ate noAlrcrly line of Elk Run Subdivision, a recorded plot on file in Book W of Plats m pages 6303 anti 6304, Rceords of Ada County, lileho; Thcnm folimving sold northerly Ilnc SouOs 89°44'45" East a Ulstattce of 325.00 feet to a point an nc~ easterly line of sold Scetion 24 and the txnterllne of South Meddiun Road; 'Hrence leaving acid twdherly line oral following the easterly line of Scetion 24 and the centeAinc of Sarah Meridian Rmd, North 00°37'34" Eau o distance of 753.50 feet to the P01NT OP BEGINNING. 'lire above-desedbed trwx of land contains 9A8 acres, more or less, aubjrxY to all existing cascrrrents and Aghta•ofway. PrcparcA By: ROYLANCE&ASSOCIATPS t°,A, 391 W.STATB S'fRELT,SU E ~ P.AGLG,IDAHO 83618 eEVI athn (208)939.2824 ev - fz08)939.28ssr•AX pGq 252014 N~jp0.KS0~~ 1o-tS-p~ X:IMOlettfswailr.LemurcCSfaNanrnlegalsW.na xre ermeayp,,,4x Exhibit B Annexation and Zoning Analysis/Facts any findings Meridian Gateway ,(File AZ-04-031) ANNEXATION & ZONING ANALYSIS Section 50-222. Idaho Code. allows cities of the State of Idaho to annex lands which are Acwrding to Ordinance 11-IS-I1, General Standards Applicable to Zoning Amendments, both the Planning and Zoning Commission and City Council are required "to review the particular facts and circumstances of each proposed zoning amendment in terms of the jollowing standards and shall find adequate evidence answering the following questions about the proposed zoning amendment. " Tha jollowing is the list ofstandards found in Meridian City Code Il-IS-11 and analysis by sta,Q': "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; The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Commercial". U Chapter VII of the Comprehensive Plan, "Commercial" areas are anticipated to provide a full range of wmmercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as govemment offices. Staff finds that the requested C-G zoning generally conforms to this stated purpose and intent of the Commercial designation. Staff finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (stag analysis is in italics below policy): • "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Actioa item 2) urban fiinee. The subject annexation complies with the provisions for annexation established in Section 50-222, Idaho Code. The subject annexation is eligible for, and is being processed in wmpliance with the Category "B" annexation requirements established in Section 50-222, Idaho Code. The Idaho Transportation Department (ITD) has a policy for access to a Type IYPrincipad Arterial will be at intersections only, and spaced at one-halfmile intervals in urban areas. ITD allows approaches (other than intersections) in special cases and on a temporary basis. Stafffinds that the proposed access paints to Kuna Meridian Road (SH 69) and Overland Road shall be subject to the location requirements of ITD and ACRD respectively. In compliance with the Meridian Comprehensive Plan no curb carts shall be allowed on Kuna Meridian Road (SH 69). • "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4) The Appdtcant has not addressed landscaping adjacent to the existing uses that are to remain on-site. ITD has a policy that its future right of way width on Kuna-Meridian Road will be 120 feet on each side of the centerline (240 feet total) for but/dingsetbacks and to include a frontage road,• or, 70 feet each side of centerline (I40 feet total) if the developer provides an internal frontage road type system to feeder roads. The general requirements of ITD would not be in compliance with the existing use and wo:eld require compliance upon approval ofa detailed site plan and/or subdivision and/or conditional use permit issuance. Stafffinds that the existing bulldingsetbacks, landscape inadequacies, and the potenttad for right-of--way acquisition create a trnigue situation for the site. In order to mitigate anticipated probdems a development agreement will be required. "Permit new .. ,commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter IV, Goal I, Objective A, Action item 6) The Meridian Fire Department has not submitted written comments for this site as the plans submitted based on the conceptual retail use only. One of the comments received from the Fire Department states tltat the existing convenience store has several items ofconcern that would require compliance upon approval of a detailed site plan and/or subdivision and/or conditional use permit issuance. The subject site is readily serviceable by City of Meridian's sanitary sewer and water systems. "Locate new community commercial areas on arterials or collectors near residential areas in such a way as to complement with adjoining residential areas." (Chapter VII, Goal I, Objective B, Action item 5) The subject property has frontage on both an arterial roadway, Kuna- Meridian Road, and a collector roadway, Overland Road. The existing uses adjacent to this sire have not yet developed to the expected residential densities or Commercial uses anticipated in the Comprehensive Plan. Because the adjoining properties are still somewhat rural in nature, the development of retail uses as described in the Conceptual plan may complement the existing uses. Depending on bow the rest of the site builds-out, this development may or may not compliment adjoining residential developments to the south and west of the site. "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal I, Objective B) The proposed and existing uses do provide a variety of commercial uses in this area, as envisioned with the Comprehensive Plan. "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action item 5) The Applicant has not addressed the requirement to install landscaping adjacent to the existing commercial uses that are do remain on site. Staff has conditioned that the required setbacks for Landscaping and Buildings be installed upon reception of a detailed development proposal and prior to issuance of any barilding permits to facilitate the Entryway Corridor comprehensive goal, the anticipated roadway requirements of ITD and ACHD, the Meridian Fire District, and the City of Meridian Zoning Code. • "On-street bikeways should be incorporated on all future Collector streets." (Chapter VI, Figure VI-5) Figure VI-5 on page 57 of the Comprehensive Plan designates a bikeway on both Overland Road and Kama-Meridian Road adjacent to the site. The Applicant has not addressed the issues of bikeways adjacent to the site. Staff is recommending that the Applicant work with ACRD to provide a bike lane on Overland Road, but not Kirna-Meridian Road. Because the posted speed limit on Ktrna Meridian Road is 55 MPH, staff`does not believe that a bikeway should be required. • "Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all lend use decisions." (Chapter VI, Goal II, Objective A, Action item 3) This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. The detailed site plan mast address these issues. . B. Is the area included in the zoning amendment intended to be rezoned in the future; Staff does not anticipate that the Applicant intends to rezone the subject properly 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 commercial area by means of conditional use permits; Convenience stores require wnditional use permit approval in the C-G zone. Residential uses are prohibited in the C-G zone. The existing Junkyard business is not allowed in a C-G zone and would be required to conform to the submiHed conceptual plan and cease operation. The purpose of the C-G District is to provide for commercial uses, which are customarily operated entirely or almost entirely within a building (MCC 11-7-2.K). Staff finds that the proposed convenience store and the existing Junkyard are not principally permitted uses in the C-G zone. The convenience store would require separate conditional use approval. The existing junkyard is prohibited and does not conform to the proposed zoning. 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; Southern Springs Subdivisions I-3 have recently been annexed and developed with commercial land uses in this area. There are several developments in the area that have developed in a fashion similar to the proposed rezone area. Kune-Meridian Road was recently widened in this area by ITD. Overland Road is scheduled by ACHD for improvements in the current Five Year Work Program or CIP. The intersection of Overland Road/Kuna-Meridian Road is a signalized intersection with directional traffic being controlled. The Commission and Council should rely on the preceding facts and any public testimony to determine whether the changes in the area dictate that this area should be annexed into the City and zoned C-G at this time, 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; Staff finds that the proposed C-G zone with the proposed retail 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. The site is intended to be utilized for commercial uses which, based on the Comprehensive Plan description, will have such uses as retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices. The existing uses do not conform to the harmonious and appropriate appearance of the existing general vicinity and would be required upon redevelopment to conform to these goals and policies. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; The existing uses on the site are hazardous to neighboring uses. Accessory to the existing businesses, there are chemicals, gasoline, and assorted automobile wastes stored on this site. Appropriate buffers should be required on the north and east boundaries of this development, as the abutting uses are less-intense than the proposed and existing uses (see MCC 12-13-12-4). The Commission and Council should rely on public testimony to determine whether the proposed uses will be disturbing or hazardous to the 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; Staff finds that the recent roadway improvements to Kuna-Meridian Road (SH 69) should be adequate to serve this project for the short term. However, IT'D has indicated that SH 69 is not constructed to its ultimate section and will need to be widened again in the future. Based on recent wrrespondences, ITD needs additional right-of--way and/or a frontage road adjacent to/through this property. Improveinents to Overland Road in this area have not taken place in the recent past, and except for the signalization at SH 69, improvements are anticipated within the next 20 years. Based on past conespondence with ACHD, Planning staff believes that this site will add a significant amount of traffic to the roadway system upon build out. This site has over 500 feet of frontage on Overland Road. Based on future development applications staff is conditioning that the Applicant enter into a development agreement with the City to require improvements (landscaping, sidewalk, bike lane, road widening, turn-lane, etc.) to Overland Road, subject to ACRD requirements, with site-specific standards conditions to be met in accordance with approval of the subject development. On December 3, 2004, a joint agency/deparnnent comments meeking was held with representatives of key service providers to this property. The Meridian Fire Department has concerns with serviceability of this site, as it contains several non-conforming uses that do not meet standards for service. Because the applicant has not identified all future buildings within this development, such buildings will be subject to further review and comments by Meridian Fire Department. The Commission and Council should reference any written or verbal testimony submitted by the Meridian Police Deparhnent, and any other agency not listed above, regarding their ability to adequately service this project. Staff finds that the property proposed for annexation can be served adequately by all essential public facilities and services as conditioned. 13. 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 this annexation/development is approved, the developer will be financing the extension of sewer, water, locaUinternal street infrastructure, ufilities and irrigation services to serve the project. The primary public costs to serve the future site will be fire and police services. Staff finds that this development will not cause excessive additional requirements at public cost. 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; Staff finds that the convenience store uses involve activities, processes, materials, equipment or conditions that could produce excessive traffic, noise, fumes and/or odors, as well as other negative public impacts. A kev question that should he J. Will the area have vehicular approaches to the property which shall be so designed as not to create as interference with traffic on surrounding public streets; Staff finds that any future uses may impact the level and flow of traffic on the surrounding roadways. Chapter VII of the Comprehensive Plan states that the City should "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal N, Objective D, Action item 2). v.wsu~w u~ uw uuvuc uGaiule 3S WRe[ner IDe 1mnaC Wlll be "eXC03s1Ve" 1V1CC. 11-12-2 and 11-12-3 are intended to mitigate impacts of special uses such as fire hazards, bulk storage, noises. ht the Applicant's letter, they do not address the convenience store. Conditions associated with a CUP and/or Development Agreement could establish use parameters that would urevent detrimental efferrs ACHD has not evaluated the proposed access to this site from Overland Road, while ITD has jurisdiction over access to Kuna-Meridian Road (SH 69). The ITD and ACRD reports for future site projects should provide additional information regarding this portion of this finding. Staff feels that the accesses will be adequately addressed by future applications. ITD has indicated to the City the policy for access to a Type IV Principal Arterial (SH 69) will be at intersections only, and spaced atone-half mile intervals in urban areas. ITD allows approaches (other than intersections) in special cases and on a temporary basis (see letter from ITD). ITD's policy on approaches lessens the ability of driveways to create interference on the roadways. Staff finds that no curb cuts or access to Kuna-Meridian Road shall betaken from this site upon development. IC. Wtll not result in the destruction, loss or damage of a natural or scenic feature of major importance; and Staff is not aware of any natural or scenic feature(s) that would be lost, damaged or destroyed by allowing this site to be annexed, zoned and developed with commercial uses. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. Future development shall be in compliance with the Scenic and Historical Byway goals and policies. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592,11-17-1992)" StaffJinds that the annexation and zoning of this property as mitigated through a development agreement may be in the best interest of the City for the following reasons: • the developments in the area have developed in a fashion similar to the proposed rezone area (commeroial); • municipal sanitary sewer and water systems are readily available to provide service; • the proposed retail stores use may involve activities, processes, materials, equipment and/or conditions that will produce additional traffic, noise, fumes and/or odors, as well as other negative public impacts that can be mitigated through development of the site; • the existing uses that are to remain, signage, landscaping, public infrastructure (sidewalk, bike lanes), screening, drive-aisles, or parking, are to be brought into compliance with current City Code upon development of the site; • the existing building setbacks, landscaping, and lack of a frontage road or accounting for additional right-of--way on Kuna-Meridian Road does not meet policies outlined in the Comprehensive Plan and Meridian City Code and would be required prior to redevelopment of the site; r Mr. Howell has the following violations of Ada County Code, Title 8 existing on his property that will be mitigated through redevelopment of the site: According to the Ada County Code Enforcement Officer, Mr. Howell has a non permitted Junkyard. At the present time without having an approved detailed site plan, the area where the existing junk a:etomobiles are being displayed is in violation of Ada County Code. ANNEXATION AND ZONING COMMENTS The legal description submitted with the application meets the requirements of the City of Meridian and State Tax Commission and places the parcel contiguous to existing city limits. 2. The subject property is within the Urban Service Planning Area. Essential City services can be made available to the subject property. All future development on said property shall comply with the City of Meridian ordinances in effect at the time of application. 4. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, par City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non- domesticpurposes such as landscape irrigation. 5. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate this process._The DA shall incorporate the following: Al] future uses on proposed lots or parcels within the annexation area shall be approved through the Conditional Use Permit process. Prior to issuance of eny building permit on the subject property, all existing uses shall be properly abandoned or brought into compliance with the Meridian City Code, Meridian Fire Department, and subject to the conditions of ACHD and ITD. MERIDIAN FIRE DEPARTMENT CONDITIONS tAZ-04-0311 The Meridian Fire Department has not provided written testimony for the annexation. The fire agency has indicated to staff during the agency comments meeting that they would be requiring compliance upon redevelopment of the site. In particular, they noted the following specific concerns: • The underground storage tanks for the convenience store shall be verified as registered with the Department of Environmental Quality • The tank located at the right of way between Overland Road and Kuna-Meridian Road (SH 69) shall be relocated to an appropriate location. • All flammable fluids contained in the junkyard shall be disclosed and/or stored in an appropriate and defined location. • The remediation of any gasoline spills shall be verified as clean or in progress of being remediated. { ~ September 2, 2005 MERIDIAN CITY COUNCIL MEETING September b, 2005 APPLICANT ITEM NO. S-H REQUEST Request for Funds No. 4 for Meridian Sr. Center Rehabilitation Project ICDBG 04-111-01 SR AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: o/ CITY SEWER DEPT: ~~ _ „qV"~ CITY PARKS DEPT: ~„~/Ip(/~' ~ MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: _ Staff Initials: Materials presented at public meeftngs shall become property of the City of Meddlan. LETTER OF TRANSMITTAL DATE: z6 AugnSt zoos ~ E C E I ~,/ E ~' ATTN: WILL BERG AUG 2 9 2005 com an CITY OF MERIDIAN City of Meridian P Y' City Clerk Office address: 33 E. Idaho Ave. Meridian, ID 83642 fax 208.888.4218 phone 208.888.4433 JOB NAME: Meridian Senior Center Remodel JOB NO.: 04167 RE: PAY APPLICATION N0.4 WE ARE SENDING YOU: VIA: hand delivery JOHNSON ARCHITECTS a pxofessionat coxpoxadon 490 e. mrnoeare dove, sre. 102 mendia n,idaho A1G42 # OF COPIES TYPE OF CORRESPONDENCE DATE DATE REVISED DESCRIPTION 3 Pa A lication No. 4 1 Co of Certificate of Occu anc THESE ARE TRANSMITTED: ® For approval ^For your use ^As requested ^ For review and comment REMARKS: 1 ^ Approved as submitted ^ Approved as noted ^ Rettuned for corrections ^ Far yourrecard ^ Resubmit copies for approval ^ Submit copies for distribution ^ Retum corrected prints TRANSMITTED BY: Architect phone 208.846.9033 fax 208.846.9475 COPY TO: File, p;~pmjeclsW4l67-meridian senior centerupgadeslhansmittals~comwb_009.doc ~ECEIVEO~ AUG 2 9 2005 City of Meridian City Clem Office August 26, 2005 City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 Attn: Will Berg Re: Meridian Senior Citizens Center Payment Application and Certification No. 4 Will, JOHNSON ARCHITECTS a professional corporation Attached are three copies of ICMO's Payment Application No. 4. Please forward one copy to KMO after review and approval. We have reviewed this Payment Application and the current progress of the work. To the best of our knowledge we agree that this Payment Application reasonably represents the constmcfion progress. We reconunend payment in the amount of $3,816.81. Please call if you have any questions. Sincerely • JOHNSO ECTS, P.C. Walter Lindgren, Architect Enclosures: (3) copies of Certificate for Paymen[ p:\projecls\04167-meridian senior centerupgrades\ca\pay apps\pay app 04.doc 490 e. corporate drive, ste. 102 meridian, Idaho 83642 t208.846.90331f208.846.9475 N a Q Q U J a Q '"' e a a ..o. 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W yrj o O 0 O o O S O O o O o N O O o O O O o O o O ~O i[] O J U W w w i N ~ g w r» n y ¢aa ~ p 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~'i ~O W F Z o M c N o c V r ff o O pr ti S ~o fc o r m N ~ ~ ~ t0 ~ O ] N O N O N ~f M i O m U ~0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ = a "' U y Z O a U > ~ a Nj ~ ~ O Z # ¢ F ^ Z Z p K ~ z _ ~ O -~ a ¢ o ~ ^ O ~ O Z ~ ~ U ¢ °~ ~ U Q O Q g U y C7 z ¢ a U ¢ K O W ^ y ~ z > Z ~ ~ O _ ~ ~ M a Z 4 z ~ ¢ W Z o m m x ^ a > o LL ~ ~ ~ o # ¢ ~ H r cd of a N N N N vi N a N iri N ro N r N m N ai N Z W 7 O ^ Z_ N 0 Z O a U J a a H Z W a s 0 LL W a Z O Q Z Z O Chapterlll ICDBG Progress Report Financial Management Grantee: Report No.: City of Meridian, Idaho 6 Date: Date of IDOC Contract: Crt-ant No.: August 29, 2005 July 17, 2004 ICDBG-04-III-I-SR Report Period From: - Report Period To: Telephone: July 21, 2005 August 29, 2005 (208) 322-7033 ext. 227 Grant Amount: Project Match Expended to Date: Tax ID No.: $100,000 gz2,alz 82-6000225 Second Public Healing: (Y)/N (Circle One) Published Notice Submitted: (Y)/N Date of Second Public Hearing: dune 21, 2005 Minutes Submitted: (Y)/N List of Attendees Submitted: (Y)/N PROJECT START UP s b b A q A ^ ~ ~~J ~ ai .d a°~i °~ G ~ .p .~ ~ G N ~ p q _N N n ~ `~ ~ ~ M p ~ o o m~ a 'tl .U ~ C wU U AQ 6~x ¢ ° w Environmental Release: 08.04 06.04 0604 None Cmnpletc. aubnutted 06.04 Send copy of ERR Bid Documents Reviewed and - 03.05 04.05 Nm,e Complete Approved: Procurement for Admin Contract 01.04 02.04 03.04 None Cmnpletc. Part of Application Reviewed and Approved: Admin Contract Reviewed and 03.04 03.04 03 04 None Complete. Part of Application Approved: Contact Person: Phone: Procurement for Eng/Arch Contract 6.04 08.04 12.21.04 None Complete. Publication affidaviLS, solicitation Reviewed and Approved: informatim~, ranking summary, Contract Eng/Arch Contract Reviewed and 08.04 11.a4 12.21.04 No^e complete. Approved: Contact Person: Phone: Acquisition (voluntary or eminent If the project includes acquisition, it must be monitored. Ongoing progress domain): report schedule for acquisition activities must be established individually Date of Purchase/Transfer of Title: between grant administrator and project coordinator at IDOC Relocation (business or resident): Exhibit C 1/5 III-13 CJzapterlII FAIR HOUSING PROGRESS ` lirzancial Mazzagement q A ~ 3 b 0 0 ~ ~ ~ ~~ ~~~ ~„ a ° ' o. P ~U ~ o M Y0.. o w 6 H 0 0~~ W U U q Q 6~ 6° ~' P; Designate Fair Housing Resource 10/03 - - None Cmnplete. Part of Application Person: Fair Housing Review Committee: 11/04 - - Nmic 1'stablisb rommittee Fail' Housing Resolution: 11/04 09/03 5/OS Nmre Republish annually during project Fair Housing Plan/AnalysiS of 11/04 - - None Develop It air Dousing Plan. Impediments: Communications of Fair Housing 11/04 - - None Ongoing Activities: Cn'antee Fair Housing Poster: 11/04 - - None Ongoing SECTION 504 PROGRESS o a a b o o b . O . ~ C ti °1 °° v .~+ F ° ~ ~ ~ ~ a ~ a .° ti ~ U ~ ~ Y~ o a. d 0 0 wU U q~ Q'~P'. 6 Designate Responsible Employee: 10/03 10/03 8.05 Yes Will Berg-City Clerk 504 Committee Established: 10/04 - - Nmre Committee forming. Non-Discrimination Policy Adopted: 09/03 09/03 5/05 None Part of Application. Grievance Procedure Established: 09/03 09/03 5/OS Nmre Part of Application. 504 Self-Evaluation Completed: 10/04 - - Nmic Self-Bvaluation underway 504 Transition Plan: 10/04 - - None Exhibit C 2/5 III-14 Chapler77/ CIVIL RIGHTS PROGRESS FtinancialMaaagenaent s ro q q ~ 3 b b~ ~ . ~ °°' ~~ °' ~ a ~ w p uU gyp o ~ Via, o C a ~ a 0.y ~ W U ~ U O q Q a d~ a u °~ d Community Profile: - 4/05 4/15/05 None Nane EEO Policy Statement: - - 5.05 Yes None EEO Grievance Procedw~e/EEO 10/03 - 8.05 Yes No»e Complaints: Grantee Employment Form: - - - None Complete and submit Contract/Subcon[ractAc[ivity Report: - - S.OS Yes Nonc Senior Center Participants Form: - - - None N/A Section 3 Certifications: - - - Nnne NiA Grantee EEO Poster: - - - Nmm Ongoing ACQUISITION PROGRESS id ro a q q ~ 3 b b ~ ~ ~ t'' a U v W o o~ .a ° 0 W U o U m 0 qQ ~ .~ a ~ d ~ c ° . W - d w N/A N/A N/A Nmte N/A No acquisition in this project Exhibit C 3/S III-15 Chapter III CONSTRUCTION AND LABOR PROGRESS Fuzmzcial Mareagwraent s ca a ~ s 0 0 ~ ~ v ~ i ~~ FJ C' ~ ~ d ~ ~ ~ W U U ~ Q(~ u 6~ es o W . Q COntl$Ct Award: 10.04 - - None Cmnple[e and submit Debarred List Checked: 10.04 3.05 4.15.05 None Nonc Preconstruction Conference: 10.04 4.05 4.15.05 None Nmre Minutes & Checklists Bid Tabulations: 10.04 3.05 4.15.05 None None Notice to Proceed: 10.04 4.05 4.15.05 None None Wage Rate Number: 10.04 3.05 4.15.05 Nmre Nane Ten-day Wage-rate update: 10.04 3.05 4.15.05 Nmre Nmre Additional Classifications Required: 10.04 - S.OS Yes None CERTIFICATION: I, the undersigned, do hereby certify that the above information contained in this report, including the attached payroll review and the attached disbursement report, is correct and accurately reflects the progress and status of the grant project. l- (~ PLUt,t.~.1.4 r-~®U,CK~dt.Q~l.~~ (208) 322-7033 ext. 227 ~ Z SigL at tre o • CDB Certified Grant Administrator Phone Date CERTIFICATION: I, [he undersigned, do hereby certify that the above information contained in this report, including the attached payroll review and the attached disbursement report, is correct and accurately reflects the progress and status of [he grant project. ~~ Authorized Si a r Chief Elected Official r e Date Exhibit C 4/5 III-16 DISBURSEMENT REPORT DISBURSEMENT LOG -City of Meridian Request for Funds this Period: $1,708.00 Paid to Date $97,292.00 REQUEST FOR FUNDS #6 DATE RECEIVED DATE DEPOSITED DATE DISBURSED CHECK # AMOUNT PAID TO WHOM 31-Jan-OS 31-Jan-05 4-Feb-05 61406 $ 2,500.00 Sage 6-May-05 6-May-05 10-May-05 62710 $ 2,500.00 Sage 27-Jun-05 27-Jun-05 7/11/05 63644 $ 1,000.00 Sage 27-Jun-05 27-Jun-05 6.24.05 63248 $ 16,811.58 KMOInc. 7.8.05 7.8.05 7.11.05 63588 $ 29,896.69 KMOInc. 8.15.05 8.15.05 8.5.05 64002 $ 41,613.10 KMOInc. 8.15.05 8.15.05 8.5.05 64036 $ 2,000.00 Sage N C 7 O +-~ N N U N ~Q d ++ '~ V Y U O m a-~ C N Q O C C7 C U Q [Q M D1 O O O N N 0 O] O N r M eo x 0 m O LL N Y M O 0 0 y j O N E a 0 0 E E 0 U a~ u v E E O U 0 N E r m a 0 O a_ O C 3 N C O 00 OD N N U O O .~ ~ w r r w U L m i/~ M O Q ~ ~; ~ c N pp l1 F+9 FR Hi (H EA Efl to M ~ ~ N O ik W 00 N Y ` n 'O ul O ~ m ' U Q O O G L a d z J b9 ~ N O ~ a0 W c +" O O O ~ O I~ r E m d~ ~f o ~ m v ~ o! ul O U) N ~ w C C ~ m ai J C N LL X ~ m m w N O l C Y in C ~ VT 69 _ to EA EA b9 fA fA O N ~ ~ ~ O N N D. ~ ~ N O N N m ° LL N ~ m ai t~ m ro m / C W Y Y N Q O U N ~ I- fA Efl fA fA 69 fH EA + O N N ~ d O N E O O Ql N O~ N O m H m ~ m m ~ z y N N C J W ~ •- ~ ° E vi a i o_ m O N m at N -6 O ~ ~ N ~ j d ( m ^ lL EA W 69 EA fy b9 ffl fA ~ v ~ U o C u ` ~ ~ +• w a ~ w U M ` ° E / c O 2 ~- LL O U z $ ~1 EA 69 69 H+ 69 fA fA N ~ O N N ~ ~ N O 61 6) M O J O N N aD N ~ O Oi N I~ ~ Y W dt ~ ~ D_ ~ rv to FR cA w FA a9 s3 w C „ ~ 0 0 0 ~ ~ f (7 v o o' o m y p -p ~ O O O~ ~ > U m of O w Q O O 69 69 Ffl T V L N c U v ~ i O U m W i ~ O ~ ~ N M ~ U V LL ~ 4J' I Z c w ~ ~ " o V y ~ 01 Y -O ~ Y ~ O j O Q Q p U N J Q ' i a F C7 Q Q tt] V ~ w ~ ~ + m "O N V aNi u a a 0 0 0 Y Y O (0 E 0 E `o W N w O) N c LL O Z O U L m E N J. rn c c O U U A l0 U w O N Y O VOI .10n U v O y v 0 .n N Y m u U O U N LL O O U :~ (~ N 4 m U a a L N U v `o u u L a m O a a Y O N a E a~i C i O L v 'o C Q N L IC ti c c N R Q T c N O U O .~ a 0 a N u C i a N a m m O a~i E 9 E o` m `m v N U In w m L F O v O U E N Y U N O U Y_ H N E m z v N o_ H i N C O1 N 0 N I ~I U LL K (~ H r~ ati .~i U U W~r~T7~ W ~~+ J" a :IDJOd aJnJEUBcS pazuog7ny ~" ~" ~ Z ~' , . y H i , sMacnxalul lteysr I ' ~ , , I , , , sma[nzaJUl aJisoO ' , , , ' , , ' , , ' , , ' pa]aidmo0 smacnJaJU; ~oN ' ' ' ' ' ' ' sarxog dJgsaai7uaxddy ~ , ~ Q ~ ~ ~ pannba~ Z ~ _ z Z Z z z saanuaxddy z ~ z z Z Z Z suogeat;cssE10 7[[dg ~' ~ z ~ z z ~ Z i ~ , ~ z i I paJ~xo~ am~7xanp gsEO u< pred a8urid ,~'' ,y+ ,~"' ~" ; ~"' LOOQI ~ z ~ _~ , Q_ , of 7uas geld 'sa~f;I z Z Z ~ Z , t~Id of P?ed a2u!J3 z ~" Z Z z suogeagrsseTO N N , i , i N aII0t113o ~olq i saa,Coldu[g;o ~o~ d' ~ m O ~ N alc3 uo sllox,fed;o ~oN ~ o '~+ o o N o OOQI o77uas suogEagpxa0 ~.,, Z z Z Z z Z ]aeJluo~paeJJuoagng aii3 uo suoJJeagr]xa0 ~ Z ,~"' Z z Z Z ]aEJJ[IO~/JaEJ]eOagnS` O U bD F". 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CITY OF MERIDIAN CERTIFICATE OF OCCUPANCY P~rmlt ~" BP~005-617 Applicant: lwer~elian ianiar `aNzens Cenier Concracear~ '~ EE di°; E41v11iVE~' KMO C~ystrrrcfion~ ~lo% ,~ too? F'rojf3esc; 'vleri,*ian 5snraruGrens C~,ater Purpasai 'ansrt!mprovement 5uuctlJse: ~crrcyercial Job Valuer; 390AGG.OG 9!5/'005 parcel dumber: P,4KC2007-7529 Rddress: 133 Broadway Avg. UU. §ubdlvl~iun: Lot(s) liiock l.ivingSpace: Semt?Stor: t3araga; Structure /area: 5,49b.G0 OCCUPANCY REQUIREMENTS Certiftcates of occupancy must be posted in a conspicuous place when the occupancy of the structure is other than residential. Deviation from the approved occupancy for which this certificate has been issued is unlawful. The issuance of a Certificate of Occupancy shall not be construed as an approval of a violation of the provisions of the Meridian City Building and Fire Codes or of other ordinances of this jurisdiction' ~- `~'~ ng Department N~A- . / Planning and Zoning /V/~ Engineering~D epartment ~~ ( Fire Department eraser-reHSetl 921/Ol September 2, 2005 MERIDIAN CITY COUNCIL MEETING September 6, 2005 APPLICANT ITEM NO. Jr-~ REQUEST Water Main Easement Agreement for AD Development by Franklin / Stratford Investments AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See aHached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: _ Staff Initials: Materials presented at public meeMngs shall become property of the Clfy of Meridian. City of Melridian Public Wolrks Dept. Memo ~,~~ :t, ~' '_,,~_ F~'~`z To: Mayor De Weerd & Cily Council From: Karie Glenn CC: File Date: 8/30/2005 Re: Proposed Agenda Items for 9/6/05 City Council Meeting i y ~ti ~' It/t ~ ~ ~ii:zt ~~ The Public Works Department respectfully requests that the following items be placed on the 9/6/05 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for AD Development by Franklin/Stratford Invest.. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for AD Development by Franklin/Stratford Invest. and authorize the Mayorto sign and City Clerk to attest. Thank you for your consideration. • Page 1 Rug 29 OS 10: 26a TEFlJ EY'S LRIY- 9LIRVEYIfYG 20f'"'850696 p.2 WATER MAIN EASEMENT Nvu x k l~ x. J s f.-n'1 ~yrA' THIS INDENTURE, made this d'I i+day of A=~, 20oS between I x v os t ex d .~ ~ ~ r-~ ~ the parties of the firs[ part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, ,and hereinafter called [he Grantee; W II~ESS ETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is fo be provided For through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service attd subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main o~~er and across the following described grope w• (SL-E ATTACHED EXHIBIT A and B) The easement hereby granted is for [he pw pose of construction and operation of a water line and their allied facilities, together with their taintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HA`JE AND TO HOT,D, tl:a said easement and right-of-wav nnr~ +t:e said Grantee, it's successor: and assigns forever. iT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area ofthe easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However; Grantee shall not be responsible for repairing, replacing or restoring an}'thing placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or tie within the boundaries of any public street, then, to such extent, such right-of--way and easement hereby granted which .lies within such boundary thereof or which is a nart thereof shall cease and become null and void and of no further effect and shall lie completely reiinquished, Water Main Easement EASMT WTR.doc Fug 29 n5 IO: 26a TEF!-EY'S LHfYD Sl1RVEYI NG 20/'"'850696 THE GRANTORS do hereby covenant with the Grantee that they aze lawfully seized and possessed of the aforementioned and described tract of land, and that [hey have a goad and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first parthave hereunto subscribed theirsignatures the day and year first herein above written. GRANTOR: ~a R~ t Nt~c h ~ ~a r :- __ Secretary ~ ~L ~~M1 STATE OFI~Y~6 ) M-:.. ~~~~sJ ss Countyoffl~e ) p.3 On this ~~ `day of ~~.~'t-t-~~ , 20~ before me, the undersigned, a Notary Public in and for said State, personally appeared t~.cGa,:r ~- a,rs ~// ~. known or identified to me to be the " ~" ` , of the i'~""t`~ ~" that executed the within instrument, and acknowledged to me that such-eery ~ executed the same. Lrk.,t,~~~i~b,/,~ ~~. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. NCSTAI2Y PUBLIC FOR }BfrF{6 h rr zo•~.:~ ~~"~ ~~ Residing at ~S~ F -L-LcLa~-Ft~tt~~ 5~ - SC~;'H°~~' /A~' ~ cou~» Commission Expires: 5 (~ ry s, nor Water Main Easement EASMT WTR.doc Rug 29 ^5 10:26a TERLEY'S LAND SURVEYING 2063850696 GRANTEE: CITY OP MERIDIAN Tammy de Weerd, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: STATE OP IDAHO, ) ss. County of Ada ) On this day of , 2004, 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. rn: 'v'ia_'dESS ~%HEREOF, I have hereunto ser my hard and affixed my offciai sea!'~^ day a.;d yea: 5rst above written. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at Commission Expires:_ Water Main Easement EASMT WTR.doc p.4 A water main easement in Lots 16 & 17, Block 2, Honor Park Subdivision No.3 in the NW 1/4 of Section 18, T.3N., R.1 E., B.M., Meridian, Ada County; Idaho as filed for record in Book 78 of Plats at Page 8191 in the Office of the Ada County Recorder, Boise, Idaho and being more particularly described as follows: BEGINNING at an iron pin marking the southerly corner common to Lots 15 and 16 of said Block 2; thence along the northerly right-of-way line of East Schiller Lane being alohg the arc of a 52.00 foot radius curve to the left, said curve having a central angle of 20°28'41", an arc length of 18.58 feet and a long chord that bears South 69°57'07" West 18.49 feet; thence leaving said northerly right-of-way line, North 61°03'45" West 28:54 feet; thence North 20°13'54" West 124.26 feet; thence South 69°46'06" West 41:99 feet; thence North.20°11'28" West 10:00 feet; thence North 69~ i6'~6" East 41.98.feet; thence North 20°13'54" West55.00 feet; thence North 44°20'13" West 39.97 feet; thence . . North 21°33'27".East 124.25 feet; thence North 68°26'33" West 43.92 feet; thence North 21°32'54" East'Y0.00 feet; thence South 68°26'33" East 43.92 feet; thence North 21°33'27" East 19.41 feet;-thence North 66°33'27" East 25.65 feet; thence North 21°33'27" East 87.84 feet to a point:on the southerly right-of-way line of East Scenery Lane; thehce along said.southerly right-of-way line being along. the arc of a 52.00 foot radius curve to the left, said curve having a central angle of 22°3711", arrarc length of 20.53 feet ahd•a long chord that bears South 57°08'03" East 20.40 feet to an iron pin marking the northerly corner common to Cots 17 and.18, of said Bbck 2; thence leaving said southerly right-of-way line and along the East line of said Lot 17 South 21°33'27"West 92.12feet; thence leaving-said East line South 66°33'27"iWest 25.65 feet;,thehge - South 21 °33'2Z_", West 132.41 feet;; thehce - Cn hh AAo~7f1'44"C~ef R1-~97 foof• lhcni~c `'. ~ .. - -.. ~, - w zl ~I LOT 22 Delta = 22'37'11" R = 52.00' L = 20.53' Ch = 55708'03"E / Ch Dist = 20.40'~~'` }Ir• wl~ w > U ~ Nla r a wl ,- __T G~ ~~~ LOT 19 N O i 'RNs,. ~° ss.e ~ ~, OCR I ~ 03. 'N t^ ?g 3y¢Sy~ / oor~o ~ ~~uu" ~ a II _ ~ I ~ rtcn 9°nNi II / ii~~o °°•¢o ~ J m i ~ ~ ~_ EAST SCHILLER LANE (PRIVATE) O N Z ~ ~ _ m~J ~ ~' W DRNIO Z ~7C ~ Z.N v n~o ~Z ~~°~ -~z~ v~~ s .~ c ~aov ~o z z 0 c., H ~ ~ z~ ~~ ~~ ~~ z H ~. September 2, 2005 MERIDIAN CITY COUNCIL MEETING September 6, 2005 APPLICANT ITEM NO. S-.I REQUEST Water Main Easement Agreement for Fairview Lakes by Douglas Tamura 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 DISiRICi: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS See attached ~~ ~.~ City of Meridian Public Works Dept. Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 8/30/2005 Re: Proposed Agenda Items for 9/6/05 City Council Meeting ;y ,, , The Public Works Department respectfully requests that the following items be placed on the 9/6/05 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for Fairview Lakes by Douglas Tamura. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Fairview Lakes by Douglas Tamura and authorize the Mayor to sign and City Clerk to attest. 2) Water Main Easement for Farview Lakes by Douglas Tamura. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Farview Lakes by Douglas Tamura and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. • Page 1 C WATER MAIN EASEMENT THIS INDENTURE, made this _ day of , 20between ,the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessazy to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration ofthe benefits to be received by the Grantors, and other good and valuable consideration, the Grantors.do hereby give, grant and convey unto the Grantee the right- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBITS A, B, and C) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of--way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY ilNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adj acent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the azea described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundazies of any public street, then, to such extent, such right-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. Water Main Easement EASMT WTR.DOC THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part havehereunto subscribed their signatures the day and year fast herein above written. STATE OF IDAHO ) ss County of Ada ) On this ~ S day of J u ~'~ , 20 before me, the undersigned, a Notary Public in and for said State, personally appeazed k~c,~c fag T~vrw ~'~- and known or identified to me to be e President and Secretazy, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereuntc set y hand and affixed my official seal the day and year fist above written. ~ (SEAL)~0~, B; -H~I~S~2 ~U ~ NOTARX'P ~ LIC FOR AHO 'r•' ~~ Residing ((g f ~ -'b , pTAq ,{~ ,• ~ < ~ Commission Expires: f~ ~~ AC1g,~~G • .~ O ~T~ OF \p~~ GRANTEE: CITY OF MERIDIAN Water Main Easement EASMT WTR.DOC Tammy de Weerd, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: STATE OF IDAHO, ) ss. County of Ada On this day of , 2005, before me, the undersigned, a Notary Public in and for said State, personally appeazed TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) ~ NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: Water Main Easement EASMT WTR.DOC A5G ;~`,, Anderson Suruey Group.com ~ ~ ~ EXHIBIT A LEGAL DESCRIPTION for FAIRV/EW LAKES- WATER EASEMENT A strip of land situated in the Southwest Quarter of the Southeast Quarter of Section 6, Township 3 North, Range 1 East of the Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at a point marking the Quarter corner common to Sections 6 and 7, Township 3 North, Range 1 East, of the Boise Meridian from which the Section corner common to Sections 5, 6, 7 and 8 in said township and range bears South 89°28'06" East a distance of 2641,06 feet; thence from said point North 00°20'01" East along the West line of said Southeast Quarter of said Section 6, a distance of 706.13 feet; thence leaving said West line South 90°00'00" East along the North line of Devon Park Subdivision No. 1, a distance of 372.78 feet to a point on a non tangent curve; thence on said non-tangent curve to the right, having a radius of 20.00 feet, 1.95 feet along the arc of said , , curve, through a central angle of 05°34'54", the long chord of which bears Nortla 02°4T27" West a distance of 1.95 feet; thence North 00°00'00 Easfi~,'distance of 268.05 feet; thence North 90°00'00" East a distance of 37:99 fer?f' thanrc' ~°°;>, North 00°00'00" East a distance of 45.55 feet; thence distance of 23.05 feet; thence South 81°06'38" .East a the REAL POINT OF BEGINNING; thence North 45<°( 33.94 feet; thence South 81°06'38" East a distance,o' 89°53'08" East a distance of 145.12 feet; thence Soiitl distance of 20.00 feet; .thence North 89°53'08„.,West a thence North 81°06'38" West a distance of 4~ 23~feet 1 Beginning. ~ ~ g 4 Said Strip contains 4,160 square feet, more or less '~ Project No. 03-150 ~ ~4 June 8, 2005 4, , S~°~* 6 O ~< - 357 E. Wetertower Ln.. Suite F, Meridian, 10 83642 P 7Afl flflfl 7.id5 F ~flA AAA 7iSd of 3~4 >'~~~~ 'or3.o~' ? N. ~t ASG,~~,, Rnderson Survey Group.eom ~'~" ~ EXHIBIT B LEGAL DESCRIPTION for FAIRVIEW LAKES- FIRE HYDRANT EASEMENT A strip of land situated in the Southwest Quarter of the Southeast Quarter of Section 6, Township 3 North, Range 1 East of the Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at a point marking the Quarter corner common to Sections 6 and 7, Township 3 North, Range 1 East, of the Boise Meridian from which the Section corner common to Sections 5, 6, 7 and 8 in said township and range bears South 89°28'06" East a distance of 2641.06 feet; thence from said point North 00°20'01" East along the West line of said Southeast Quarter of said Section 6, a distance of 976.13 feet; thence leaving said West line, South 90°00'00" East along the North line of Lot 3, Block 1 of Devon Park Subdivision No. 2, a distance of 152.23 feet to a point; thence leaving said North line North 00°20'01" East a distance of 45.00 feet to a point on the east side of an existing 20.00 feet wide sewer and water easement located in Lot 4, Block 1 of,said ,=,4 Devon Park Subdivision No.2, said point being the Real Point of Beginning, thence North 90°00'00" West a distance of 21.41 feet; ;thence South~90°00'00 West a distance of 16.50 feet; thence North 90°00'00" feet; thence North 90°00'00" East a distance of 36.50. 90°00'00" East a distance of 49.55 feet to a point on South 00°20'01" West a distance of 20.00 feet along:;: Point of Beginning. `' <" z~ >, Said Strip contains 1,452.1 square feet, Project No. 03-150 June 21, 2005 357 E. Wotertower Ln.. Suite F. Meridian. IU 83642 P 7AA AflA 73d5 F 7AA ARR 7354 I ~ r. ~ ~. J l9'80L I ~i I i N N N 0 U ~ Q Z U ~ ~ W vl ----- I o w ~ I p ~ I ,~-' W ~ I d o z ~, z ~ ;I I C/] ~ W I ~ ~ ~ ~ z a ~ r~ I I ~ w I ~ y~ --I F J ~ ~ ~ ~ ~ . .- W 91 I W ~ di rwV O O U s ti D I ~ ~ ~ ~m Qom w ~ w ~~> I l I ~ a¢ p o ¢o~ / n ~ I ~ W ~ ~ I z / w g W I Vwj W I w ~ I W - 3 I I ~ ~ I \ / I ~ ~ ~ I h ~ o ° I ~ o o / ~ ~ L m 0 x ^I "' W L -- - 0 N W f L'L8Z 3 „ ,OZ.00 N o w I ~ ~ ~ Q z I i N / ~ o ~ 1 1 3W3SV330NNlV80 ~ ,8L'bSZ 3„LO,OZ.OON I ,OO~OL 0 i °~ p~' Q 3 J o~ N _~ h I"l;> ~ 11? I I ~ I ~ 4>::-:1 j> I I ~ Ifl~ I ~ I,,,::13w I ~ ~1 :': ' :1 ~ ~ I I p,lj::""~~"z~~I ~ ~I I ~~I ~ "~- :: 'I ~ 3 I IE_~ -~ ~I II =I '~ ` ' IN W I I ~ W ~I. v •~~p ~ I ~ s ~~ ~ I a I w .~'m I 13,00,00.00N to I I I to I I" L_~ II I M„OO,OO.OON I ~S hZ II ~° I II h I II I I ,OS'b£ I h ~I I I ~~ ~I I I ~wo~wl I I o o v o I c pN o I IoZ OI I~ Ilrn ZI I~ ~~ ,OOI OL M mnznnc I s 0 J scrsl ~ / ti o/ f- 0 J o~ ~~ ^~w ~~g O ~ ~ ~ ~ W September 2, 2005 MERIDIAN CITY COUNCIL MEETING September 6, 2005 APPLICANT ITEM NO. S-K REQUEST Water Main Easement Agreement for Fairview Lakes by Douglas Tamura AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CIN 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 meeflngs shall become property of the City of Meddlan. City of Meridian Public Works Dept. Memo ~:a ~ ., ~;~~~ ~ ~ ~: f,~'~~r ,: ; ~~id~'~ '~i:y F Merl<. ;lir To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 8/30/2005 Re: Proposed Agenda Items for 9/6/05 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 9/6/05 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for Fairview Lakes by Douglas Tamura. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Fairview Lakes by Douglas Tamura and authorize the Mayor to sign and City Clerk to attest. 2) Water Main Easement for Farview Lakes by Douglas Tamura. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Farview Lakes by Douglas Tamura and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. • Page 1 WATER MAIN EASEMENT THIS INDENTURE, made this day of , 20between ,the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the parry of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Granteetheright- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, adclitional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of--way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construcfion, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the azea of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be paced any permanent structures, trees, brush, or perennial shrubs or flowers within the area described far this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundazies of any public street, then, to such extent, such right-of--way and easement hereby granted which lies within such boundazy thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. Water Main Easement EASMT WTR.DOC THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized andpossessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties ofthe first part have hereunto subscribed their signatures the day and year first herein above written. Grace at Fait~view Lakes, LLC Grace LLC, Member Doug Tamura, Member STATE OF IDAHO ) ss County of Ada ) QO~~\`Ot~ ~ VAN ~ //'~% F ?` ~p1ARY 7 ;; ~_.~ a N jOL6l~G f O 9 '".........." ~ C qqi~ TF O F 10 P.~~p~~ On this ~ day of Auc.~sT , 20u~ ,before me, the undersigned, a Notary Public in and for said State, personally appeared Doug Tamura, known or identified to me to be a Member of the Limited Liability Company that executed the within instrument, and acknowledged to me that such Limited Liability Company executed the same. IN WITNES S WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. --~ / ~ ~ (SEAL) NOTARY PUBLIC FOR IDAHO Residing at _ Mee.Ot Rti ~ SDAe}o Commission Expires: oc ~ yy (zzz~ GRANTEE: CITY OF MERIDIAN Water Main Easement EASMT WTR.DOC Tammy de Weerd, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: STATE OF IDAHO, County of Ada ss. On this day of , 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) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: Water Main Easement EASMT WTR.DOC A5G Anderson Suruey Groups m ~" ~ EXHIBIT A LEGAL DESCRIPTION for FA/RVIEW LAKES- WATER EASEMENT A strip of land situated in the Southwest Quarter of the Southeast Quarter of Section 6, Township 3 North, Range 1 East of the Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at a point marking the Quarter corner common to Sections 6 and 7, Township 3 North, Range 1 East, of the Boise Meridian from which the Section comer common to Sections 5, 6, 7 and 8 in said township and range bears South 89°28'06" East a distance of 2641.06 feet; thence from said point North 00°20'01" East along the West line of said Southeast Quarter of said Section 6, a distance of 706.13 feet; thence leaving said West line South 90°00'00" East alohg the North line of Devon Park Subdivision No. 1, a distance of 372.78 feet to a point on a non tangent curve; thence on said non-tangent curve to the right, having a radius of 20.00 feet, 1.95 feet along the arc of said curve, through a central angle of 05°34'54", the long chord of which bears,Nor~h 02°4T27" West a distance of 1.95 feet; thence North 00°00'00 East adistaric~~'°^~ of 268.05 feet; thence South 90°00'00" East a distance of 37; 99 feet thence .,;~ ;° North 00°00'00" East a distance of 45.00 feet; thence Southw9D°00'00" East"a .~~"" distance of 23.05 feet; thence South 81°06'38" East ~ dist~iice of 2990 feet, ,.. thence South 81°06'38" East a distance of 49 23 feet ttierice South 89°53 O8~' East a distance of 146.56 feet; thence North 00°23 27" East~~ alstan a of 20 00 feet to the REAL POINT OF BEGINNING; thence North 89,?53 08' V1fe'st a ~ _ ~ti distance of 25.00 feet; thence North 00°23'271 East a dl~fance~of 67 7~Z feet °~-'~`~' thence South 89°36'33" East a distance of 7:00 feet; thence North 00°23 27 East a distance of 7.00 feet to a point on a curve thence QO saidtangen~ curve tothe right, having a radius of 28.00 feet, 33 76 te~eYalongt~he ari of said curve ~~~~ through a central angle of 69°04'31' the Igrig chordof wtich beers North ~~ 34°55'42" East a distance of 31.75 feet, ftierce South 00°23'27;%West a distance of 100.80 feet to the Real Point of Beglrnnirig ,~; ' Said Strip contains 2,161 square feet, more or less. `~ ~~ k r _.. a ~ ~ iSTy;4~ lly Project No. 03-150 ~ July 25, 2005 ~ 4 .~~~ oar N. A 357 E. Wutertower Ln.. Suite F. Meridian, 10 83642 P.208.BBB.7345 F.206_a80.7354 ASG ~~ Anderson Suruey Group.com ~ EXHIBIT B LEGAL DESCRIPTION for FA/RV/EW LAKES- WATER EASEMENT A strip of land situated in the Southwest Quarter of the Southeast Quarter of Section 6, Township 3 North, Range 1 East of the Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at a point marking the Quarter corner common to Sections 6 and 7, Township 3 North, Range 1 East, of the Boise Meridian from which the Section corner common to Sections 5, 6, 7 and 8 in said township and range bears South 89°28'06" East a distance of 2641.06 feet; thence from said point North 00°20'01" East along the West line of said Southeast Quarter of said Section 6, a distance of 1301.13 feet; thence leaving said West line South 89°53'08" East along the North line of Devon Park Subdivision No. 2, a distance of 476.87; thence South 00°06'52" East a distance of 10.04 feet to the REAL POINT OF BEGINNING; thence South 89°53'08" East a distance of 180.07 feel thence South 00°23'27" West a distance of 96.68 feet to a point on a curve, ~' thence on said non-tangent curve to the right, having a radius of 28 OU~~feet, fi '`- 33.76 feet along the arc of said curve, through a central angle of 69°0,4'24", thei ~' ~.;}. long chord of which bears North 21°19'03" East a distance of£31t 7~-feet, thence" North 00°23'27" East a distance of 7.00 feet; thence North 89°36 33'`Vbest a~ distance of 7.00 feet thence North 00°23'27" East a d~st~nce of 38 44~eet thence North 89°53'08" West a distance of 154 95fi~et thence Nort~ 00°06 52" f.~ East a distance of 24.96 to the Real Point of Bedinrri`na r,' - , Said Strip contains 5,924 square feet, Project No. 03-150 August 5, 2005 9 tic 357 E. Watertower ln., Suite F, Meridian, ID A3642 P.7Afl flAA.73d5 F 7AA AAA 73Rd ,~ I i 0 24.50' I I / e ~ ~ -V ~ ~ N00 00 00"W I m n X I~ nz~ _ _ y o m I ~ ~~m 'I I z z? Jol I I I oo A °o I °oo m "' N00'00~00"E ~ I -O 45.00" ~ ~ e I I ~ oN L o I o n5~ yS I I xi~e o~°~~~ I n ~= ~ I - '- to ~II ~°I~ : .l~ I I ~~ ~~ I I ( tiG:: : ;1 ~ 1 Iz ;~ I I m 1~ ~-_-. - ~- j Iao I 1 ~x Ism I ` ':~~ ~ ~_~ I m m Z I I~ I I Z m ~I ~ti ~ ~ ~ I y m I ~'~:I / ~ I ~I ~ y Z I I I UU ~ m o. I I ~~ °m o° ow I N00 23 27 E 67 77 ~4 m I ~ °w ~~' 8 I ~ ~ ~ ~ ~ S00'23~27"W 100.80' ~c °o ~ ni w O ~ r iA = q O m <o O o y 2 a ~ -I o N ~ m o _, y ~ m Y C '< (7 ~r OJ r O ~ ~~ ~ F~~ N ~ ~ ~ c c c I I` A Inc Inc c I ~~ I ~I I oI X_ I m ~ I September 2, 2005 MERIDIAN CITY COUNCIL MEETING September 6, 2005 APPLICANT ITEM NO. S-L REQUEST Contract for the Wastewater Treatment Plant Expansion Project Task Order No. 3 with Carollo Engineers AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See affached ~,~°' Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ~ECEIVE>~~ Memo To: William Berg, Jr.; Tara Green From: Clint Dolsby, P.E., Staff Engineer CC: Brad Watson, P.E., Public Works Director AUG 3 1 2005 City of Meridian City Clerk Office Date: 08/31/2005 Re: Proposed Agenda Item for September 6, 2005 City Council Meeting The Public Works Department respectfully requests the following item be placed on the September 6 City Council agenda, under Consent Agenda, for Council's consideration: Wastewater Treatment Plant Expansion Proiect Task Order No. 3. Carollo Engineers has submitted a task order, scope of work, and budget for the construction management services for the wastewater treatment plant expansion liquid stream project. They propose to complete the work for $780,200. This is an extension of the agreement between the City of Meridian and Carollo Engineers approved by City Council on the 26~' of October, 2004 for the Wastewater Treatment Plant Expansion Project. This project consists of construction management services for the wastewater treatment plant expansion project which includes iwo aeration basins, a secondary pump station, a primary clarifier and a secondary clarifier. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Wastewater Treatment Plant Expansion Project Task Order No. 3 with Carollo Engineers for $780,200 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. • Page 1 TASK ORDER NO. 3 SCOPE OF SERVICES CITY OF MERIDIAN PUBLIC WORKS (OWNER) AND CAROLLO ENGINEERS, A Professional Corporation (ENGINEER) This Task Order is issued by the OWNER and accepted by the ENGINEER pursuant to the mutual promises, coveriants and conditions contained in the Agreement between the above named parties dated the 15th of November, 2004 in connection with: CITY OF MERIDIAN WASTEWATER TREATMENT PLANT EXPANSION PROJECT PURPOSE The ENGINEER' scope of services, time of completion and compensation shall be as set forth herein. Services shall generally be described as Construction Management Services for the City of Meridian, Wastewater Treatment Expansion Project. ENGINEER'S SERVICES ENGINEER shall provide construction management services as described herein. The scope of services is based on a total construction period of twenty four (24) months from contractor's notice-to-proceed to final-completion, in the following detailed subtasks. TASK 3.1 -PROJECT MANAGEMENT ENGINEER shall furnish general administrative services to maintain current project status and to provide organized execution of work and retrieval of information, to include: Prepare document tracking database for the project specific requirements. Database will be in Microsoft Access format, to log and track work changes, contractor communications, and progress reports. Provide technical support to configure the Construction Management (CM) Field Office computer and network with the document tracking system, electronic files and network communication connections. Review and route, as appropriate, Project correspondence. Maintain a logical and retrievable filing system. Maintain logs of correspondence and other project documentation transmittals. Provide to the OWNER each month a brief written progress report on the services performed. Such reports shall include the cumulative percentage of the overall budget expended, a brief description of work performed during the reporting period, and such other information as may be appropriate. C9D000menls and SetfingsldolsbydLOCaI Settings\Temporery Interne[ Files\OLK7b\082205_W WTP_CMS_SCOpe.doc pagE Deliverables: Construction Support Database (1 electronic file). Monthly Progress Reports (3 copies). Task 3.2 -OFFICE ENGINEERING SERVICES ENGINEER shall perform services to administrative and review services to preserve the intent of the contract documents, including: Task 3.2.7 -Engineer's Review Submittal Review. -ENGINEER shall receive, log, review; comment on, and return submittals for shop drawings, product data, and samples received from the Contractor to determine general compliance with the Contract Documents. Review comments will be provided on a Submittal Review cover sheet attached to returned submittals. Submittal review is not intended as acceptance of the work. The review is not intended to relieve the Contractor of his full responsibility for performance as required by the Contract Documents, nor is the review intended to ensure or guarantee lack of errors, omissions, or inconsistencies between the submittals and the Contract Documents. Design Clarifications. ENGINEER shall respond to Contractor's Requests for Information (RFIs). RFIs shall be tracked through the CM Field Office. ENGINEER shall issue interpretations and clarifications of the contract documents and prepare sketches to clarify contract documents where necessary. Change Orders. ENGINEER shall analyze RFIs and change order requests and upon determination by the OWNER and ENGINEER that a change order is required, the ENGINEER shall prepare technical documentation required for change orders (specifications, drawings, or sketches). Deliverables: Project Tracking Reports: RFI/FO/WCD/CO log and submittal log (weekly) Task 3.2.2 -Contract Administration Coordinate discipline engineering and subconsultants (structural, electrical, instrumentation) required for submittal review, and for resolution of conflicts and RFIs. Maintain and document communications with the OWNER. Assist the OWNER with contract administration and amendments required for changes to the scope, cost, or schedule of the work. Conduct and document the preconstruction conference. Conduct and document construction weekly construction progress meetings at the job site. C:\DOCUmenls and Settings\dolsbyc\LOCaI Settings\Temporary Internet Files10LK78\082205_W WTP_CMS_SCOpe.doc Page (~ Maintain project records including daily logs, inspection reports, photos, measurements of quantities, schedules, and correspondence and documentation of major decisions and actions. Prepare and submit to the OWNER a monthly progress report. Review the contractor's construction schedule, updates, and revisions in accordance with the contract documents. Evaluate monthly progress payment requests from the contractor and recommend payment. Determine changed conditions, define scope, prepare independent cost estimate, negotiate with the contractor, prepare and process change orders for incorporation into the construction contract. Monitor Contractor compliance with construction permits. Recommend course of action to the OWNER if requirements of permits are not being met by the Contractor. Monitor as-built record drawings maintained by the Contractor on a regular basis. Coordinate and track the shop drawing and submittal review process, between the ENGINEER and the contractor. Identify potential claims and make recommendations to resolve them. . Deliverables: Work Change Log (weekly- distributed to all parties) Meeting Minutes (weekly -distributed to all parties) Draft Contract Change Orders for OWNER'S and CONTRACTOR'S signatures. Task 3.3 -FIELD INSPECTION AND RESIDENT ENGINEER shall perform part-time field inspection and resident engineering services to monitor the progress and general quality of the Contractor's work effort, including specialty site visits (structural, electrical, instrumentation, mechanical). ENGINEER shall not, because of such field observations of Contractor's work in progress, supervise, direct, or have control over contractor's work. Nor shall ENGINEER have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected by Contractor or safety precautions and programs incident to the Work. Furthermore, ENGINEER shall not be held responsible for any failure of Contractor to comply with laws, rules, regulations, ordinances, codes or orders applicable. to Contractor furnishing and performing work, as defined in the General Conditions of the contract documents. ENGINEER'S services shall include: Provide part-time construction inspection for civil, structural and mechanical components of the work to monitor the contractor's conformance with the contract documents. (Part time inspection is based on 12 hours per week, for 22-month contractor mobilization period.) Provide part-time construction inspection for electrical and instrumentation work to monitor the contractor's conformance with the contract documents. (Part time inspection is based on 10 hours per week, for 12-month period estimated for electrical work.) C:\D000menls and Settings\dolsbyc\LOCaI SellingslTemporary Interne[ Files\OLK78\082205_W WTP_CMS_Scope.doc Page r • Provide part time resident engineer to facilitate construction management and monitor conformance of the contractor's work with the contract documents. (Part time inspection is based on 8 hours per week, for 22-month contractor mobilization period.) Provide part time field inspection required for project sequencing and construction constraints, as required for temporary piping, bypassing, tie-ins orshut-downs. Engineer's special inspections also may include dewatering, structural subgrade, concrete placement, and special coatings. (Special inspections are estimated as 120 hours total, over the 24- month contract period.) Prepare digital pictures of initial site conditions prior to contractor's commencement of construction. Maintain photo log of work in progress. Monitor and coordinate contractor maintenance of field changes to plans and specifications during construction (record drawings). Verify functional and performance conditions of equipment and controls during testing, provide startup assistance, and coordinate vendor training. Engineer will witness critical functional tests and will monitor operational testing. Deliverables: Field Inspection Reports (weekly). Testing Reports (as completed by the Contractor) Task 3.4 -PROJECT COMPLETION ENGINEER shall perform project closeout services including: Schedule and conduct substantial completion inspections, issue punch lists, review compliance, and recommend acceptance by the OWNER. Prepare a final project report to include total project cost analysis, project progress analysis of planned and actual milestones, and a summary of contract startup, closeout, and acceptance including the final resolution of claims or disputed work. Prepare record drawings for the completed project. The construction Contractor will maintain during the construction process a current marked-up set of drawings showing field changes. Following construction completion, ENGINEER shall prepare one full-sized reproducible set of record drawings upon final acceptance of the work. Changes will be noted as redlines on the drawings. Drafting new drawings to scale are not included in this Scope. Investigate, document and communicate equipment operation or performance issues with the contractor for correction during the warranty period. Deliverables: Final Construction Support Services Project Report (5 copies). Record drawings of completed project (1 full-size copy, electronic CD copy, and 5 half- sized copies). C:\D000ments and Settings\dolsbyclLocal SellingslTemporary Internet Files\OLK7B\OB2205_WVJTP_CMS_Swpe.doc Page l (, TIME OF COMPLETION The proposed engineering services shall coincide with construction of the Project. It is anticipated that construction will proceed over an approximate 24 month schedule, following the notice-to-proceed date of the contract documents. Actual construction time and scheduling will need to be adjusted according to the CONTRACTOR's actual schedule for completing the work. Record drawings will be completed forty-five (45) following the construction period. COMPENSATION The not-to-exceed limit for engineering fees for the work described above is $780,200. A breakdown of the estimated engineering hours and other costs is presented in Exhibit A. The estimate assumes a 24 month construction schedule. The ENGINEER will invoice for this monthly on an hourly rate basis in accordance with ENGINEERSs standard fee schedule in effect at the time the work is completed. A copy of ENGINEERSs current fee schedule is attached for reference. Outside services for subconsultant work and other direct costs shall be reimbursed at cost plus 10 percent mark-up. Travel and subsistence will be charged at cost. The ENGINEER shall not exceed the amount defined for the services of this Task Order No. 3 without written authorization from the OWNER. EFFECTIVE DATE IN WITNESS WHEREOF, duly authorized representatives of the OWNER and the ENGINEER have signed in confirmation of this Task Order No. 3 with the effective date this day of of 2005. CAROLLO ENGINEERS, CITY OF MERIDIAN A Professional Corporation PUBLIC WORKS (OWNER) By: By: Partner By: Partner Public Works By: Mayor Tammy de Weerd Attest: William G. Berg Jr. City Clerk C:\DOCUments and Seflingsldolsbyc\LOCaI Settings\Temporery Inlemet Files10LK78\082205_W WTP_CMS_Scope.doc - Page W U w z O w zmW C ~ ~~~++ z ~O U ai z w ~o j N oa Q O M .~ V V O O O M O N b b O 1~ ' a 1~ Vl b O N O b r W O O U ~O b O N O D\ m 7 b T b b CO : ~ Q~ l ~ ~ l ti N C " ~ r (w D D\ T N N V 1 O N O C [ti ~SO~ IelO.L O h N O~ . 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Fw w H~ma Am a3a Hi~wx~,H F~x3 eo RI 0 x September 2, 2005 MERIDIAN CITY COUNCIL MEETING September 6, 2005 APPLICANT ITEM NO. Jr-M REQUEST Contract for the Ten Mile Trunk Relief -Phase 1 with JUB Engineers AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See alfached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: ~~ Date: Phone: _ Staff Initials: Materials presented of public meetings shall become property of the City of Meridian. ~_ Memo To: William Berg, Jr.; Tara Green From: Clint Dolsby, P.E., Staff Engineer CC: Brad Watson, P.E., Public Works Director (RECEIVE AUG 31 2005 City of Meridian City Clerk Office Date: 08/31/2005 Re: Proposed Agenda Item for September 6, 2005 City Council Meeting The Public Works Department respectfully requests the following item be placed on the September 6 City Council agenda, under Consent Agenda, for Council's consideration: Ten Mile Trunk Relief -Phase 1. JUB Engineers, Inc. has submitted a task order, scope of work, and budget for the engineering services. They propose to complete the work for $28,256. This is an extension of the miscellaneous wastewater services agreement approved by City Council on the 18'~ of January, 2005 for the Engineering Services for Miscellaneous Wastewater Projects. This project provides engineering services for the design of relief for the Ten Mile Trunk Sewer in the vicinity of Franklin Road and Linder Road. These improvements will provide additional capacity downstream in the Ten Mile Trunk Sewer for future developments. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Ten Mile Trunk Relief -Phase 1 with JUB Engineers, Inc. for $28,256 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. • Page 1 C (~.g ~ J-U-B ENGINEERS, Inc. 250 S. Beechwood Avenue, Suite 201 • Bcise, Idaho 83709-0944 • Telephone (208) 376-7330 • FAX (208) 323-9336 AUTHORIZATION FOR ADDITIONAL SERVICES - No.2 CLIENT: City of Meridian PROJECT NAME: Misc. Wastewater Projects J-U-B Project Number: 10-05-025 The following additional items of work on the project referenced above have been or will be provided by J-U-B ENGINEERS, Inc. These additional services are a supplement to the scope of services contained in J-U-B's existing Agreement for Engineering Services for this project, dated Feb. 15. 2005 Additional Services: Task 020 -Ten Mile Trunk Relief -Phase 1 (see attached) J-U-B ENGINEERS, Inc. was verbally authorized to provide these services by: n/a Name n/a Date Unless otherwise noted below, J-U-B ENGINEERS, Inc. will provide these additional services on a time and materials basis, using the Firm's standard billing rates, or if applicable, the billing rates established in the initial Agreement for Engineering Services. Other Basis for Payment: (see attached addendum) Dated this day of 2005. City of Meridian J-U-B ENGINEERS, Inc. Print or Type Client Name By: Client or Representative Signature By: Representative Signature Tammv de Weerd, Mavor Phillip H. Krichbaum, P.E., Project Mgr. Print or Type Name and Title Print or Type Name and Title CITY OF MERIDIAN -MISCELLANEOUS WASTEWATER PROJECTS ADDENDUM N0.2 -TEN MILE TRUNK RELIEF -PHASE 1 Section 1 -Project Overview This project provides relief of the Ten Mile Trunk sewer in the vicinity of Franklin Road and Linder Road. The selected alternative is the pressure sewer by-pass option, described in the JUB letter dated July 26, 2005 and shown on Figure 3. The intent of these improvements is to maximum the remaining 1.3 cfs capacity in the Ten Mile Trunk downstream of the Franklin Road. Section 2 -Items to be Provided by the City 1. Provide on-going review of JUB's work and timely consideration of policy issues within a time frame acceptable to the City and JUB. 2. Copies of record drawings for developments and The Landing Lift Station adjacent to the project area. 3. Provide operation and maintenance manuals, pump curves, information on The Landing Lift Station. 4. Provide copies of all easements of record and license agreements(NMID) for the lift station and sewers. 5. The design will not include an electrical design. It may be necessary to modify the electrical and control systems in the lift station. Provide an electrical contractor to evaluate and implement improvements necessary to accommodate the increased lift station pumping rate. 6. Pay for all permits, fees, or other payments required to secure permitting for the design and construction of the proposed improvements. Section 3 -Topographic Survey Final Design and Technical Specifications(Lump Sum) 1. Research, Control, and Topographic Survey and Mapping. A. Research Ada County Surveyor's records for survey monuments to add in establishing horizontal control and include research of land monuments, plats, records of survey, right-of-ways, and easements of record along the preferred trunk sewer alignments. Horizontal coordinate system shall be based on NAD 1983 translated to the Ada County G.I.S. system. Vertical control shall be based on NAVD 1988. B. Establish two temporary construction control points. C. Contact utility companies (gas, power, telephone, storm drain, cable T.V., street lighting, traffic signals, irrigation) and other utilities identified along the alignment prior to survey to request field locations of utilities and to obtain available utility mapping. D. Complete topographic survey along the alignments as generally shown on Figure 3, taken from the JUB letter dated July 26, 2005. E. Complete topographic mapping in AutoCAD 2000. The anticipated scale of the plan and profile drawings will be 1 "=20' and 1 "=5' vertical scale. Topographic features shall be depicted using standard symbols. Topographic features shall be shown on the construction plans to the extent that they are found or field located by the utility companies, such as fences, utility poles, surfacing, utilities, top of bank and waterway flowlines, and include monuments of record and physical survey of monuments and property pins that are found. Property lines will be shown based on Ada County G.I.S. mapping. Where easements are to be secured, property lines shall be determined using research and field search of land monuments methods as previously described above. 2. Final Design and Technical Specifications A. Diversion Structure: Design diversion structure on the 21"Ten Mile Trunk with the intent to scalp overflows to The Landing Lift Station. The diversion structure will have slide or stop gates to manually regulate flows to the lift station. Design gravity diversion sewer to outfall to the existing wetwell. B. Lift Station: / Complete a hydraulic evaluation of the Landing Lift Station with the increased flows and new discharge location. Evaluation will include review of the existing pumps for possible reuse or selection of new pumps if necessary. Evaluate existing discharge piping and valuing to accommodate the increase flows. / Coordinate with the City's electrical contractor as needed to incorporate the new control and electrical improvements that may be necessary due to the increase in pump horsepower. / Design lift station mechanical improvements and pressure sewer connections. C. Pressure Sewer: Design a new 8" pressure sewer from the lift station to Franklin Road as shown on Figure 3 attached. It is assumed that the pressure can be trenched over the top of the existing Ten Mile Creek bridge structure. D. Prepare construction plans and technical specifications in ISPWC format. E. Submit 90% complete plans to the City and agencies for review. F. Complete in-house QC review of plans and technical specifications. G. Incorporate applicable comments and issue 100% complete plans and technical specifications. Section 4 - Asency Coordination, Permitting, and Easements R@M) 1. Agency Coordination and Permitting A. 90% complete plans and technical specifications will be submitted to ACHD for review and comment. B. Drainage/Irrigation District Coordination and Permitting: Permitting with Nampa-Meridian Irrigation District (NMID) will be required. J-U-B will prepare one(1) license agreement will be required for the work along Ten Mile Creek and where the pressure sewer crosses over the structure at Ten Mile Creek and Linder Road. JUB will prepare the necessary license agreement applications, legal descriptions and exhibits. C. IDEA Submittal: J-U-B shall coordinate, prepare, and submit final construction plans, specifications, and checklists for approval to the Idaho Department of Environmental (IDEQ. Incorporate applicable IDEQreview comments into the construction plans and specifications. 2. Easements A. At this time, it is not known if additional easements are required for the proposed improvements. A level of effort is shown on the attached Exhibit A-2 for the purposed of estimating fees and includes landowner meetings, research, easement and legal description preparation. Section 5 -Basis of Fees The CITY shall pay J-U-B on for its services and reimbursable expenses: Task 020 -Misc. Wastewater Projects -Ten Mile Trunk Sewer Relief -Phase 1 Task 3.1 through 3.2 on a lump sum price of .................................................$20,676 Task 4.1 through 4.2 on a time and materials basis with an estimated budget af .....................................................................................................$7,580 \NoiufileslPUblic\Projec[Managers\PHI(\10-05-025-Meridian Misc. 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F ~W a ~i~ B x 2 " 5 3 ~- f t m ~ c `o o '" w > m C7 LL J ' o h N « ~ , _ = ? a m v a M U~~ ~,~ M~j qmq m' Y i° ~ - m ti .. E o o > °' c ~ > in N ~ t ^ ~ 'h - E `° y a °c O \ O ~ Q g )Z F a 'j f~~¢ Q ¢ w rn o ti r H N u o c » x . m a o ci a U o m .- _ F N O i F,~ OF F '. a U i o 0 Y ~ ~ ~ N y m A FF i9 sp a n n w F ~ 3 ~ ~ ~ ~ en ~ ~ y I I o 8 a N tq - ~ o ~I a W W ~ ~ 2 ° N N ~ I W 0 N O N m ~ U ~ W E O ~ o ~ ~ fl N < o _m m ~ 3 v vA E ... 0 n v o N ~Z ~ 0t~ I n N (V F y ~ i `~ ~ ~ n n a ~ o F N O N O n O W ~ I ~ N m v . C - ~ m W N ~CI ~ N N c m ~ y ~ N ~ N m _ _ O m a`w V N N ~ N N N N a m N V ( 6 ~ ~ II QQYY 'C E ~ m `o Z om~ I E ° ~ ~ FF F o cU ~ ~ s €& m ~ ~ a ^~ al a ~ o ~ ~ ~ ~ _ 2 ~ ~ J N ~ ~ u c E o a' l ° v a mi o w S ~ s ~~ l ~ v d rf ~ u N Y N a ~. UI i Z c p ~ ~ w ~ ~ a m c m o„ v !~ ~ cy 2 ~ S WO $ ~i 6 ,` 1O s ~ '@ °~ ~ O i y 0 ° ~ uF w ' ~ v v c ~ U = o o Q ~ a f n ~ E 3 E o W N C f~ U ` ~ mm w w ~ ° X10 W a m n o`a B a` w 5 7 w~ H . y N m a O F~GGIfE 3 { ~ ~ M6R~D~iv n+v ~i`E tKk~/k C~RrKNY ~MI.4LYS/S flREsSaRE S6tv~R D~TioN September 2, 2005 MERIDIAN CITY COUNCIL MEETING September 6, 2005 APPLICANT ITEM NO. S-H REQUEST Sanitary Sewer and Water Main Easement Agreement for Paramount Subdivision No. 8 by David Turnbull AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the Clty of Meridian. `~~~~~~ City of Melridian Public Wolrks Dept. Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 8/31/2005 Re: Proposed Agenda Items for 9/6/05 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 9/6/05 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Sanitary Sewer and Water Main Easement for Paramount #8 by David Turnbull. Typical Sanitary Sewer and Water Main Easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Paramount #S by David Turnbull and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. • Page 1 SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this _ day of 20_between ,the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Granteetheright-of--way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) . The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement andright-of--way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the. parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement EASMT.SW OS1105.doc THE GRANTORS hereby covenant and agree that theywill not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of--way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. Y //~ On this Z 3 day of ~ti , 20 ~~, before me, the undersigned, a Notary ,P~ubl'ic'in and for said State, personally appeared c~fl~~ 1~ ~. TV ~ ~ ~wc-L_and r~°"-~ A• ~"}~A-~-x~. ]mown or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and aclarowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist abov~,-~ib6ap~ •vr cry. ~OTA~pY ~ O ARY PUBLIC ~' ~'•" ~ Residing at: /~a I SL- ~ ~~i~'x7 _ S ~DUB1.<<' a CommissionExroires: ~/~/ire Sanitary Sewer and EASMT.SW 08111 STATE OF IDAHO ) ss County of Ada ) GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by William G. Berg, Jr., City Clerk Approved By City Council On: STATE OF IDAHO, ) ss. County of Ada ) On this day of , 2005, before me, the undersigned, a Notary Public in and for said State, personally appeazed Tammy de Weerd and William G. Berg, Jr., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: Sanitary Sewer and Watex Main Easement EASMT.SW_081105.doc l E ginee 423 N. Mcestor North West, LLC Suite 180 Project No. Os-018-O1 Boise, Idaho 83704 (208) 376-5000 • Fax E X I-F I B 1 T A Date: August 10, Zoos PARAMOUNT SUBDIVISION N0.8 UTILITY EASEMENT DESCRIPTION An easement over a parcel of land located in the SW 1/4 of the NE 1/4 of Section 25, T. 4 N., R. 1 W., B.M., Meridian, Ada County, Idaho, more particulazly described as follows: Commencing at the section comer common to Sections 23, 24, 25 and 26 of said T. 4 N., R. 1 W.; Thence South 00°55' 15" West, 2657.66 feet on the section line common to said Sections 25 and 26 to the 1/4 section comer common to said Sections 25 and 26; Thence leaving said section line, South 89°27'08" East, 2687.27 feet on the east-west mid-section line of said Section 25 to the Center 1/4 section corner of said Section 25; Thence leaving said mid-section line, North 56°10'02" East, 784.81 feet to the REAL POINT OF BEGINNING; Thence North 44°11'01" West, 385.00 feet to a point on the easterly boundary line of Pazamount Subdivision No. 5, as same is shown on the Plat thereof recorded in Book 92 of Plats at Page 10969 of Ada County Records; Thence North 45°48'59" East, 52.00 feet on the easterly boundary line of said Subdivision No. 5; Thence leaving said easterly boundary line, South 44°11'01" East, 385.00 feet; Thence South 45°48'59" West, 52.00 feet to the real point of beginning. PREPARED BY: James R. Washburn, PLS Paramounl8 Uliliry Ease. Desc.doc page 1 °f 1 Engineering Northwest, LLC ~' l z W Q rW 1~ ~"' ..3 ~ ~ . z° `_ z-° o~ H ~_ N z 0 Q a O O_ M ~< v U 59, . c~ ~ / 9L ~ O .~ ~ ~ N N V7 N r'7 tp - N 'N ~ ~ ,O ~r // \\ O ~\ ~ d •ss°o. Ry rS __ Sas g __ __ ~ ~_- -- -~`-- ~- o ~ ~ ~ ~ ~ Q ~. 2~~i \ ~ ~. \ ,~~~ 19 ~/ 0 ~~~~ Z w w a ~~ / ~ ~ w ' ~ z O \ J ,99'LS9Z M„S I,SS.00S SI rt U N September 2, 2005 MERIDIAN CITY COUNCIL MEETING September 6, 2005 APPLICANT ITEM NO. S-O REQUEST Sanitary Sewer and Water Main Easement Agreement for Wyndstone Place by Quasar Development AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See attached ~' Date: Phone: Staff Initials: Materials presented at public meeMngs shall become property of the City of Merldlan. City of Meridian Public Works Dept. Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 8/31/2005 Re: Proposed Agenda Items for 9/6/05 City Council Meeting 4j ~ ~ ,~r.- The Public Works Department respectfully requests that the following items be placed on the 9/6/05 Ciiy Council agenda, on the Consent Agenda, for Council's consideration: 1) Sanitary Sewer and Water Main Easement for Wyndstone Place by Quasar Development. Typical Sanitary Sewer and Water Main Easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Wyndstone Place by Quasar Development and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. • Page 1 SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this _ day of 20between Quasaz Development, LLC, the parties of the first pazt, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party ofthe second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constmcted by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration ofthe benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right of-way for an easement for the.operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY iJNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the azea described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agee with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. Sanitary Sewer and Water Main Easement EASMT SW MAIN.doc THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforemenfioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties ofthe fast part have hereunto subscribed their signatures the day and yeaz first herein above written. GRANTOR: Quas evelopment, LLC J ,~ Wv Amon Alvaro Managing Member STATE OF IDAHO ) ss County of Ada ) On this ~,~ day of ~ r. ~„~s k , 20~ before me, nthe undersigned, a Notary Public in and for said State, personally appeared (amd..~ 1i ~.,d." atxl lmown or identified to me to be the ~eeretery~, respectively, of the corporafion that executed the within instrument, and an m~~~ to me that such corporafion executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and yeaz fist above written. 1gOTARy PUBLIC ''NOTARY PUBLIC FOR IDAHO Residing at (• A ,t y o,c L~ o cam... pct i Commission Expires: conartfsst . i',~ptat~g BONDBU TURll N(YrnRV PUBLIC IBiUl.'RSVRCCF.RS Water Main Easement EASMT WTR.doc GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: STATE OF IDAHO, ) ss. County of Ada ) On this day of , 20 ,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) .NOTARY PUBLIC FOR.IDAHO Residing at: Commission Expires: Sanitary Sewer and Water Main Easement EASMT S W MAIN.doc Legal Description Cross Access/Utility Easement Wyndstone Place A cross access/utility easement located in the SE %< of Section 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and being part of Lot 19 of Amended Magic View Subdivision as shown in Book 52 of Plats at Page 4445 in the office of the Recorder, Ada County, Idaho, more particularly described as follows: Commencing at a 5/8 inch diameter iron pin marking the northwest corner of said Lot 19, from which a Brass Cap monument marking the northwest. corner of said SE %4 (Center %<) bears N 0°03'13" W a distance of 795.53 feet; Thence S 89°41'26" E along the northerly boundary of said Lot 19 a distance of 20.00 feet to a point; Thence leaving said northerly boundary S 0°03'13" E a distance of 244.26 feet to the POINT OF BEGINNING; Thence N 29°58'52" E a distance of 10.08 feet to a point; Thence S 89°49'13" E a distance of 12.93 feet to a point; Thence N 0°10'48" E a distance of 10.00 feet to a point; Thence N 89°49'13" W a distance of 7.21 feet to a point; Thence N 29°58'52" E a distance of 21.51 feet to a point; Thence N 89°56'47" E a distance of 39.62 feet to a point; Thence S 0°03'13" E a distance of 4.00 feet to a point; Thence N 89°56'47" E a distance of 10.00 feet to a point; Thence N 0°03'13" W a distance of 3.62 feet to a point; Thence S 56°20'51" E a distance of 79.56 feet to a point; Thence S 19°5723" E a distance of 56.11 feet to a point; Thence N 70°02'37" E a distance of 71.52 feet to a point; Thence N 22°01'22" E a distance of 44.22 feet to a point; Thence N 14°18'38" W a distance of 55.58 feet to a point; I.c'~7'~ ~~~,~~~~~ 1 WyndstonePlaceSubdivision ~°e s°~rn°e •~ ~°°~i°°s • I~~ ~ Job # 04-24 Thence N 1°10'46" W a distance of 4.16 feet to a point; Thence N 88°49'17" E a distance of 6.50 feet to a point; Thence N 1°10'43" W a distance of 10.00 feet to a point; Thence S 88°49'17" W a distance of 6.50 feet to a point;, Thence N 1°10'43" W a distance of 18.50 feetto a point; Thence N 88°49'17" E a distance of 62.78 feet to a point; Thence N 69°46'30" E a distance of 15.09 feet to a point; Thence S 20°58'35" E a distance of 97.31 feet to a point; Thence N 68°30'02" E a distance of 42.07 feet to a point; Thence N 24°36'18" E a distance of 117.03 feet to a point; Thence S 84°37'34" E a distance of 19.74 feet to a point; Thence S 24°36'17" W a distance of 3.61 feet to a point; Thence S 65°23'42" E a distance of 10.00 feet to a point; Thence N 24°36'17" E a distance of 5.02 feet to a point; Thence S 65°23'42" E a distance of 78.26 feet to a point; Thence S 78°51'02" E a distance of 35.05 feet to a point; Thence N 89°07'06" E a distance of 40.55 feet to a point; Thence N 80°11'58" E a distance of 16.38 feet to a point; Thence N 9°48'02" W a distance of 60.98 feet to a point; Thence S 81°36'00" W a distance of 26.43 feet to a point; Thence N 84°37'33" W a distance of 133.81 feet to a point; Thence N 0°00'00" E a distance of 5.22 feet to a point; Thence N 89°41'25" W a distance of 7.03 feet to a point; 2 Wyndstone Place Subdivision ~'~~ ~ '~~~~~'~~~ lob # 04-24 1°n° survrying and Cnnminng Thence N 0°18'33" E a distance of 11.92 feet to a point; Thence S 89°41'26" E a distance of 25.50 feet to a point; Thence N 0°18'34" E a distance of 10.00 feet to a point; Thence N 89°41'26" W a distance of 25.50 feet to a point; Thence N 0° 18'34" E a distance of 56.70 feet to a point; Thence N 89°41'26" W a distance of 30.00 feet to a point; Thence S 0°18'34" W a distance of 82.50 feet to a point; Thence N 89°41'26" W a distance of 29.40 feet to a point; Thence S 69°46'29" W a distance of 103.32 feet to a point; Thence N 20°02'16" W a distance of 25.48 feet to a point; Thence S 69°57'43" W a distance of 10.00 feet to a point; Thence S 20°02'15" E a distance of 18.18 feet to a point; Thence S 88°49'16" W a distance of 7.85 feet to a point; Thence S 1°10'44" E a distance of 4.00 feet to a point; Thence S 88°49'16" W a distance of 8.17 feet to a point; Thence N 0°18'35" E a distance of 119.78 feet to a point; Thence N 89°41'25" W a distance of 30.00 feet to a point; Thence S 0°18'35" W a distance of 120.47 feet to a point; Thence N 78°08'15" W a distance of 28.53 feet to a point; Thence N 11°51'45" E a distance of 25.50 feet to a point; Thence N 78°08'16" W a distance of 10.00 feet to a point; Thence S 11°51'45" W a distance of 25.50 feet to a point; Thence N 78°08'15" W a distance of 88.29 feet to a point; ~~~~~~~~~~$ 3 Wyndstone Place Subdivision ~u°es°,~°e+°°c°°,ma°s Job#04-24 ~ ~ Thence S 78°45'23" W a distance of 53.80 feet to a point; Thence S 0°03'13" E a distance of 70.78 feet to a point; Thence S 89°56'47" W a distance of 48.84 feet to a point; Thence S 0°03'13" E a distance of 67.33 feet to the POINT OF BEGINNING. Excluding the following described parcel: Commencing at a 5/8 inch diameter iron pin marking the northwest corner of said Lot 19, from which a Brass Cap monument marking the northwest corner of said SE '/< (Center %) bears N 0°03'13" W a distance of 795.53 feet; Thence S 89°41'26" E along the northerly boundary of said Lot 19 a distance of 20.00 feet to a point; Thence leaving said northerly boundary S 0°03'13" E a distance of 135.23 feet to a point; Thence N 89°56'47" E a distance of 330.55 feet to the POINT OF BEGINNING; Thence S 20°58'34" E a distance of 15.99 feet to a point; Thence S 65°23'42" E'a distance of 18.97 feet to a point; Thence S 24°36'19" W a distance of 15.15 feet to a point; Thence S 65°23'42" E a distance of 17.00 feet to a point; Thence N 24°36'18" E a distance of 73.46 feet to a point; Thence S 69°46'29" W a distance of 66.83 feet to the POINT OF BEGINNING. And also excluding the following described parcel: Commencing at a 5/8 inch diameter iron pin marking the northwest corner of said Lot 19, from which a Brass Cap monument marking the northwest corner of said SE %< (Center %4) bears N 0°03'13" W a distance of 795.53 feet; Thence S 89°41'26" E along the northerly boundary of said Lot 19 a distance of 20.00 feet to a point; Thence leaving said northerly boundary S 0°03'13" E a distance of 130.81 feet to a point; ~~, . _. ~~~~g~~~ 4 Wyndstone Place Subdivision ~~iane sunp~g ann c°nsumna Job # 04-24 r Thence N 89°56'47" E a distance of 78.84 feet to the POINT OF BEGINNING; Thence S 0°03'13" E a distance of 33.43 feet to a point; Thence S 89°54'19" E a distance of 6.35 feet to a point; Thence S 28°36'57" E a distance of 13.00 feet to a point; Thence S 34°29'59" W a distance of 7.54 feet to a point; Thence S 56°20'51" E a distance of 89.60 feet to a point; Thence S 19°57'24" E a distance of 35.97 feet to a point; Thence N 70°02'37" E a distance of 28.16 feet to a point; Thence N 22°01'22" E a distance of 21.01 feet to a point; Thence N 14°18'38" W a distance of 45.37 feet to a point; Thence S 88°49'21" W a distance of 2.87 feet to a point; Thence N 1°10'43" W a distance of 10.00 feet to a point; Thence N 88°49'21" E a distance of 2.00 feet to a point; Thence N 1 ° 10'43" W a distance of 36.26 feet to a point; Thence N 78°08'15" W a distance of 95.99 feet to a point; Thence S 78°45'23" W a distance of 23.02 feet to the POINT OF BEGINNING. This easement parcel contains 1.10 acres and is subject to any other easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC August 29, 2005 ~~~~~~~~~~ 5 Wyndstone Place Subdivision ~~i.m mampng ena c°°:mnay Job # 04-24 ~~~~ W 789.41" - ~ 5 y48"02" E n Z _ 149.64' L.7.7 ~ O N 10'0705= ~ H g 9"48'02 E_ f 9259~~ ]89.42 -~ G6 ~ 5].05_ ~ _ o -m N \ `°. \ F- ,N 5 10'02'05-E .. ~ L W .o I'lF b ~I \`~' / W 689.03• su ~^ 3"CZ ZZSN Q ~\I~\` I ~ ^ r/ 'I .sZ .SZ i I yh I ~ N ~~; 21" m ~ .°p i I 2 I h 6690 \ + ~ W ~ m < ~ } j 1 ~I a ry~ \\ ~<C - W F- ~1 ~~ ~ ^ h a ~n6 J_ ~ I°1 I bh"mq~~ ~ M ~~ g 5 °m ~ I I $ ~ W y I bI ~ / \m \ J \= ~ an °a ~ I ~ M m q ~° W W n N 0 U I I y y ~ b \W'° 7' U - r ~ ~ N I a,.dr.ecsN m;. uo^- ~ v1 _ _ _ o~ ~ n w O a, I 7~ ° m ~ ~rJ\ - w Q U W„ ~l ham. ~ ~. 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Jr-P REQUEST Change Order No. 1 (Final) for Victory and Meridian Road Water with Paul Construction AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meeMnps shall become property of the Clty of Meridian. See attached ~ (~ September 2, 2005 MERIDIAN CITY COUNCIL MEETING September 6, 2005 APPLICANT ITEM NO. Jr-Q REQUEST Resolution -Annual CPI Rate Adjustment for Solid Waste Collection Services AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See aRached Resolution Date: Phone: _ Staff Initials: Matertals presented at public meetings shall become property of the Clty of Meridian. CITY OF MERIDIAN RESOLUTION NO. d ~- ~8g BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERH)IAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR AND CITY CLERK TO ALLOW, ON BEHALF OF SAID MUNICIPALITY, A RATE INCREASE FOR SOLID WASTE COLLECTION SERVICES DUE TO THE NET PERCENTAGE OF CHANGE IN THE CONSUMER PRICE INDEX FOR THE PACIFIC NORTHWEST, TO PROVH)E FOR THE SOLID WASTE DISPOSAL RATE CHANGES WITHIN THE CITY OF MERIDIAN, EFFECTIVE THE FIRST DAY OF OCTOBER 1, 2005 AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the franchise agreement entered into between Sanitary Services Company and the City of Meridian provides that rate adjustment based upon the Consumer Price Index (CPI) in accordance with Section 21 of that agreement be passed on the consumer; and WHEREAS, Sanitary Services Company has provided detailed information regarding the annual adjustment based upon the "net percentage of change in the Consumer Price Index for the Northwest"; and WHEREAS, the requested increases in solid waste collection fees are reasonable and in compliance with the franchise agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERH)IAN, IDAHO as follows: SECTION 1. The Mayor and City Clerk are hereby authorized to allow, on behalf of the City of Meridian, the solid waste disposal rate increases within the City of Meridian as set forth in that certain memorandum dated August 22, 2005 from Sanitary Services Company. A copy of the memorandum is attached to this resolution and incorporated herein by this reference. SECTION 2. The effective date for these solid waste collection rates shall be October 1, 2005. ADOPTED by the City Council of the City of Meridian, Idaho 6 ~ day of ~G~J7~Gyw~it. , 2005. RESOLUTION- SOLID WASTE COLLECTION SERVICES FEES Pagel of 2 APPROVED by the Mayor of the City of Meridian, Idaho, this ~/~ day of ~!/~7 ~~ ~fiv , 2005. ~~" '~ `l ~~ ~ `~ a' CITY APPROVED: r&~(7Re \ ~ .. ~Y[A SEAL ,s~ ,~~ P; _, ~ ..~ rmn Cazrnu.Z /~rGriGter..~ RESOLUTION- SOLID WASTE COLLECTION SERVICES FEES Paget of 2 '~ Sanitary Services Co. ECEf~ MEMORANDUM AUG 23 Zoos City °f Meridian TO: Mayor Tammy de Weerd City Clerk Office City Council Members: Mr. Shaun Wardle, President Mr. Keith Bird Mr. Charlie Rountree Ms. Christine Donnell FROM: Steve Sedlacek, Business Manager, Sanitary Services,lnc. Bill Gregory, Operations Manager, Sanitary Services, Inc. DATE: August 22, 2005 SUBJECT: Annual CPI Rate Adjustment for Solid Waste Collection Services This memorandum presents the solid waste collection rate adjustment based upon the Consumer Price Index (CPI). in accordance with Section 21 of our agrement with the City of Meridian. This rate adjustment coincides with the beginning of the next fiscal year, October 1, 2005. Adjustment Methodology Our agreement requires that our costs be adjusted annually based upon the "net percentage of change in the Consumer Price Index for the Pacific Northwest." (The CPI is no longer published for the Pacific Northwest so we have used the CPI for the Western Region of the United States.) Further, we reduce the calculated change in the. CPI by ten percent to account for aspects of the CPI that do not apply to our business. Attached to this memorandum is the CPI printout from the U.S. Bureau of Labor Statistics. The CPI for July one year ago was 192.9 and this year it is 198.6. The net percentage change between the two values is 2.95%. Then, reducing this number by 10 percent yields a CPI adjustment of 2.61% that is applied to our costs. Another requirement of our contract is that we exclu a the landfill portion of our fees from the adjustment. In July, the Ada County landfill increased its disposal fees and these costs were passed on to ratepayers. We have excluded these increased costs from our rate calculations to accurately determine the amount of each increase. o ; P.O. Box 626, Meridian, ID 83680 Phone 208/888-3999 .Fax 208/888-5052 ~ Printed on Recycled Paper Results of Rate Change The current and proposed rates are presented in tabular form in an attachment to this memorandum. The residential rate will increase by $0.20 per month for unlimited weekly service with curbside recycling. The percentage of change by various categories of rates is shown in Table 1. The percentages vary with the different types of systems that we operate because each has a different percentage that is disposal. . Table 1 Percentage of Rate Change by System Residential rates t.9% Commercial can rates 2.l)% Commercial container rates 2.0% Commercial com -actor rates 1:4% - 1.5% Tempora container rates 2.3% - 2.6% Miscellaneous services 1.1 % - 2.6% Rolloff Services 2.2% - 2.6% A more detailed analysis is available to the Mayor, Council or City staff upon request. If further information is necessary we would appreciate treating the information as "business confidential." Proposed Solid Waste Collection Rate Changes Proposed Rates Effective 10/1/05 Sanitary Service Inc. Proposed Current Rate Rate Structure Structure Residential $ 10.75 $ 10.95 Toter Caris $ 2.55 $ 2.60 Habitual Late Can Fee $ 5.00 $ 5.00 Commercial Cans (Current) 1/wk 2lwk 3/wk 1 - 3 cans $ 17.49 $ 34.98 $ 52.47 4 - 6 cans $ 34.98 $ 69.96 $ 104.94 7 - 9 cans $ 43.27 $ 86.55 $ 129.82 Commercial Cans (Proposed) 1/wk 2/wk 3/wk 1 - 3 cans $ 17.84 $ 35.68 $ 53.52 4 - 6 cans $ 35.68 $ 71.36 $ 107.04 7 - 9 cans $ 44.14 $ 88.29 $ 132.42 Commercial Containers (Current) 1/wk 2/wk 3/wk 4x/wk 5/wk 6/wk 1 1/2 Yd $ 63.80 $ 90.99 $ 117.69 $ 157.88 $ 197.98 $ 238.09 3 Yd $ 66.88 $ 108.31 $ 149.82 $ 197.39 $ 259.48 $ 314,33 6 Yd $ 104.33 $ 168.56 $ 232.71 $ 310.30 $ 387.91 $ 465.49 8 Yd $ 123.85 $ 192.72 $ 256.90 $ 332.28 $ 412.61 $ 489.35 Commercial Containers (Proposed) 1/wk 2/wk 3/wk 4x/wk 5/wk 6/wk 1 1/2 Yd $ 65.11 $ 92.85 $ 120.09 $ 161.10 $ 202.02 $ 242.95 3 Yd $ 68.24 $ 110.52 $ 152.88 $ 201.42 $ 264.78 $ 320.75 6 Yd $ 106.46 $ 172.00 $ 237.46 $ 316.63 $ 395.83 $ 475.00 6 Yd $ 126.38 $ 196.66 $ 262.14 $ 339.07 $ 421.03 $ 499.34 Commercial Compactors (per dump) Current Proposed 2 Yd $ 27.65 $ 28.07 3 Yd $ 43.11 $ 43.78 4 Yd - $ 54.37 $ 55.18 5 Yd $ 65.60 $ 66.55 6 Yd $ 76.41 $ 77.48 B Yd $ 103.02 $ 104.48 Temporary Container Service Current Proposed Delivery $ 18.00 $ 18.48 Daily Rental $ 0.67 $ 0.69 Monthly Rental $ 18.00 $ 18.48 EMra Dump 3 Yd $ 20.67 $ 21.17 Extra Dump 6 Yd $ 32.50 $ 33.26 Extra Dump 8 Yd $ 41.86 $ 42.83 Miscellaneous Collection Services Tires $ 2.72 $ 2 75 Refrigerators $ 36.88 $ 37.86 Overflow Cleanup $12.40 for 5 min $12.70 for 5 min Roll Off Services fCurrentl $45.00/haul + disposal + franchise fees (6 - 10 CY containers) $101.00/haul + disposal + franchise fees (20 - 40 CY containers, Weekdays) $152.00/haul + disposal + franchise fees (20 - 40 CY containers, Weekends) $132.00/haul + disposal + franchise fees (asbestos -Ada County) $210.00/haul + disposal + franchise fees (asbestos -Idaho Waste Systems) Extra services $ _ 82.38 per hour Roll Off Services (Proposed) $46.00/haul + disposal + franchise fees (6 - 10 CY containers) $103.00/haul + disposal + franchise Fees (20 -40 CY con[airiers, Weekdays) $156.00/haul + disposal + franchise fees (20 - 40 CY containers, Weekends) $136.00/haul + disposal + franchise fees (asbestos -Ada County) $215.00/haul + disposal + Franchise fees (asbestos -Idaho Waste Systems) Extra services $ 84.57 per hour Roll Off Container Rental (Current 6 Yd $ 1.38 per day 8 Yd $ 1.79 per day 10 Yd $ 1.99 per day 20 Yd $ 2.40 per day 30 Yd $ 3.00 per day 40 Yd $ 3.27 per day Roll Off Container Rental (Current 6 Yd $ 1.42 per day 8 Yd $ 1.84 per day 10 Yd $ 2.04 per day 20 Yd $ 2.46 per day 30 Yd $ 3.08 per day 40 Yd ~ $ 3.36 • per day LandTill Rales with Franchise Fees (Current 41.37 per month 53.63 per month 59.76 per month 68.71 per month 83.99 per month 95.98 per month 42.47 per month 55.06 per month 61.35 per month 70.54 per month 66.22 per month 98.53 per month Compact Wood Size SW Dump Demo Dump Dump Waste 6 Yd $ - 19.08 $ 38.16 $ 9.54 8 Yd $ 25.44 $ 50.88 $ 12.72 10 Yd $ 31.80 $ 63.60 $ 15.90 20 Yd $ 63.60 $ 127.20 $ 127.20 $ 31.80 30 Yd $ 95.40 $ 190.80 $ 190.80 $ 47.70 40 Yd $ 127.20 $ 254.40 $ 254.40 $ 63.60 Cardboard 1 container $ 38.00 $ 60.00 $ 98.00 2 containers $ 68.00 $ 98.00 $ 128.00 v,.a~VLLLL Vl L4V V2 VU1t1JLLVJ LGLQ ra~c 1 Di 1 U.S. Department of Labor ' -1 ' , :'; ; ~ ~""~ _ - Bureau of Labor Statistics - Bureau of Labor Statistics Data WWW.G~S.QOV J Search ~ A-Z Index BLS nome I Programs & Surveys ~ Get Detailed Statistics ~ Glossary ~ What's New ~ Find Et! in UDt Change Output f=rom: 1995 -- 70: 2005 Options: ^ include graphs !uew! More Formatking Options y Data extracted on: August 22, 2005 (5:44:47 PM) Consumer Price Index -All Urban Consumers Series Id: CUUR04005AO,CUUSO400SA0 Not Seasonally Adjusted Area: West urban Item: All items Base Period: 1982-84=100 Year ]an Feb Mar Apr May Jun ]ul Aug Sep Oct Nov Dec Annual HALF1 HALFZ 199 5 152.0 152.4 152.8 153.2 153.5 153.6 153.5 153.7 154.1 154.6 154.4 154.3 153.5 152.9 154.1 199 6 15 5.3 155.8 156.4 157.1 157.6 157.5 157.9 158.0 158.6 159.1 159.2 158.7 157.6 156.6 158.6 1997 159.6 160.1 160.8 161.1 161.1 161.0 161.1 161.5 162.1 162.8 162.8 162.8 161.4 160.6 162.2 i 99 8 163.0 163.2 163.3 163.6 164.3 164.2 164.3 164.8 165.1 165.5 165.8 165.8 164.4 163.6 165.2 1999 166.4 166.9 167.3 169.0 168.7 168.3 168.9 169.5 170.0 170.4 170.4 170.5 168.9 167.8 170.0 2 0 00 171.0 172.0 173.5 173.7 174.0 174.3 175.2 175.9 176.6 177.2 177.2 177.1 174.8 173.1 176.5 20 01 178.3 179.3 180.1 180.4 181.3 182.0 182.0 181.9 182.5 182.5 182.3 181.6 181.2 180.2 182.1 200 2 182.4 183.2 184.0 185.1 184.8 184.5 184.7 185.3 185.7 185.8 185.8 185.5 184.7 184.0 185.5 20 0 3 186.6 188.1 189.3 188.8 188.5 188.1 188.4 189.2 189.6 189.4 188.5 188.3 188.6 188.2 188.9 20 04 189.4 190.8 192.2 192.3 193.4 193.3 192.9 193.0 193.8 195.0 19 5.1 194.2 193.0 191.9 194.0 2005 194.5 195.7 197.1 198.6 198.8 198.0 198.6 197.1 Frequently Asked questions i Freedom of Information Act i Customer Survey Privacy & Security_Statement i Linking to Our Site i Accessibility U.S. Bureau of Labor Statistics Postal Square Building 2 Massachusetts Ave., NE Washington, DC 20212-0001 Phone: (202) 691-5200 Fax-on-demand: (202) 691-6325 Data questlons: blsdata staffCmbls,gov Technical (web) questions: webmasterCalbls.aov O[her comments: feedback blsgov http://data.bls.gov/PDQ/servlet/Survey0utputServlet?data tool=dronman&series id=CiliJR0400SA0_CTJ..- R/22/2005 September 2, 2005 MERIDIAN CITY COUNCIL MEETING September 6, 2005 APPLICANT ITEM NO. S-R REQUEST School Resource Officer Agreement between the Meridian Police Department and Meridian School District AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See attached Agmt ~~ Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. June 1, 2005 MERIDIAN SCHOOL RESOURCE OFFICER AGREEMENT THIS AGREEMENT, entered into by the City of Meridian, a political subdivision of the State of Idaho, hereinafter referred to as "the City of Meridian', and Joint School District Number 2, Meridian, Idaho hereinafter referred to as "the District". WHEREAS, the District desires increased law enforcement from the City, through the Meridian Police Department; and WHEREAS, the City of Meridian and the Meridian Police Department desire to provide increased law enforcement services to the District, through the Meridian Police Department; and WHEREAS, the parties recognize their mutual interest can be furthered through the use of the School Resource Officer Program of the Meridian Police Department; NOW, THEREFORE, for and in consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. This Agreement shall be for the sole benefit of the District and the City and shall not be interpreted to benefit third parties. The relationship of the parties hereto is that of contractor and independent contractor, and it is expressly understood and agreed that each party and their officers, agents, and employees i do not in any way, nor for any purpose, become a partner, agent, joint venturer, servant, or employee of the other. 2. The City of Meridian, through the Meridian Police Department, will provide police protection for the District, and shall provide School Resource Officer services at designated campuses, as referenced in Paragraph 3 below, including, but not limited to: investigating and preventing crimes against persons or property; identifying and arresting violators of state and local laws; filing investigative reports and other required reports or documents; patrolling; and, to a limited extent, maintaining building security, controlling traffic, and enforcing traffic laws. 3. The City of Meridian shall place one (1) School Resource Officer at the Meridian High School, one (1) School Resource Officer at Mountain View High School, one (1) School Resource Officer at Meridian Middle School /Crossroads Middle School, (1) School Resource Officer at Lewis and Clark Middle School / Sawtooth Middle School /and Meridian Academy. 4. As a member of the school team, the SRO shall maintain open and regular communication with the assigned school principals and shall positively promote the school, staff, students, and administration to the community. 5. The Meridian Police Chief and the District will determine how the officers performing the duties under this Agreement will be deployed, and the manner in which the services contemplated by the Agreement shall be provided. The Meridian Police Department will communicate to the assigned school principal whenever concerns or problems regarding scheduling, duties, or other items z occur. The interiors of buildings will not be patrolled by officers except as is necessary to investigate crimes and apprehend criminal suspects, however, the officers shall maintain high visibility with students during break and lunch periods. The officers shall be active members of the school's management team. 6. The Meridian Police Chief and his officers shall have the right to exercise due discretion in the performance of this Agreement, including, but not limited to the type, nature, extent, and result of any response or activity undertaken by the Meridian Police Chief and his officers. 7. a. With the exception of paragraph 7(b) below, the conduct of the Meridian Police Chief and his officers will be governed by the Meridian Police Policy Manual (hereinafter "Manual"). In the event that the District's procedures conflict with the procedures set forth in the Manual, the provisions of the Manual shall prevail. The Meridian Police Manual shall be an integral part of this Agreement and it is incorporated herein as if set forth fully. b. Parental Notifications. Not withstanding any other provisions to the contrary, the following procedures shall be used in all instances with regard to notification of a student's parents about the interaction of police officers with students: i. When a police officer suspects a student of having committed a crime, the officer shall notify the school principal, or designee, of the fact that an interview with the student was, if in fact an interview was conducted, no later than the end of the school day in which the interview was conducted. 3 ii. When, during the course of interviewing a student, an officer determines that the student may have committed a crime, the officer shall, after concluding the interview and no later than the end of the school day, notify the school principal, or designee, that an interview with the student was conducted. iii. In the event that a student is arrested by an officer or if the officer finds it otherwise necessary to remove the student from school, the officer shall immediately notify the principal of the school, or designee. iv. Upon receiving notice of any of the above circumstances from an officer, the principal, or his or her designee, shall make reasonable efforts to contact the student's parents or guardian. If contact is made, the principal may tell the parent or guardian of the student that a police officer questioned the student, removed the student from campus, or arrested the student, as the case may be, and may further state that additional information may be obtained by contacting the Meridian Police Department or if another enforcement agency is involved (if the principal is aware of this fact) he/she may then give the parent or guardian this information. v. If a student's parent or guardian contacts the principal about interviews conducted by a police officer, the principal may disclose any information received by the principal form the officer and may refer further questions to the Meridian Police Department or the correct law enforcement agency (if another law enforcement agency is involved and the principal is aware of the fact). 4 Liability arising from any of the above actions shall be governed by paragraphs 16 and 17 of this Agreement. 8. The City of Meridian shall use four (4) suitably trained police officers in meeting its obligation herein, each of whom may be physically present atone of the school campuses referenced in Paragraph 3, in accordance with a schedule that is mutually agreeable to the District and the Meridian Police Department. If scheduling conflicts occur causing a School Resource Officer to be off campus, prior notice and arrangements will be made with the assigned school principal to assure adequate coverage. 9. Meridian Police Officers providing additional services and police protection under the terms of this Agreement may occasionally wear the uniform of the Meridian Police Department, but will customarily be dressed in appropriate business attire. 10. The parties recognize that the District may from time to time adopt policies, procedures, rules, and regulations affecting the conduct of persons present on the campuses referenced in Paragraph 3. To the extent that violation of those policies, procedures, rules, and regulations constitutes a violation of law, including breach of the peace, or a threat to public health or safety, those policies, procedures, rules, and regulations will be enforced by the Meridian Police Chief and his officers. To the extent that violation of those policies, procedures, rules, and regulations does not constitute a violation of the law, the Meridian Police Department is not required to take law enforcement action and will leave the enforcement thereof to the District. School Resource Officers shall 5 inform the principal, or his designee, of violations of school policies, procedures, rules or regulations of which he/she has personal knowledge. 11. This Agreement is for a period commencing on or about August 29, 2005, and ending June 7, 2006. It is agreed under the terms of this Agreement that the officers shall commence the duties called for one week prior to the start of school in the fall of 2005, and will complete the obligations one day after the last day of school in June, 2006. At the present time, the dates set forth in this section are the anticipated starting and ending dates. However, each party to this agreement recognizes, that as of this date, the start and end of the 2005 - 2006 school year is tentative and may be changed, and if there are changes, this Agreement will automatically be amended to reflect these changes. 12. As consideration for the services provided by the City of Meridian pursuant to the terms of this Agreement, the District shall pay the total sum of $152,466.00 to the City of Meridian in two installments. One-half shall be paid on January 30, 2006, and the balance on or before May 31, 2006. 13. Security for special events will be approved and compensated for as follows: SPECIAL EVENTS a. The District will provide the Meridian Police Department with a list of special events that they want a Meridian Police Department School Resource Officer to be present at. b. If an event should arise that is not on the original special event list, the SRO Sergeant will attempt to provide a School Resource 6 Officer, but if a School Resource Officer isn't available, then the SRO Sergeant will attempt to provide a law enforcement officer to comply with the request. c. Any Meridian Police Reserve Officer who works a school special event will be compensated by the Meridian School District at the rate of $10.00 per hour. RECORD OF TIME AND REIMBURSEMENT d. The School Resource Officer that attends a special event at the request of a District School Principal will have a District time card filled in for the event and the requesting Principal or their designee must sign the completed slip. The Meridian Police Department School Resource Officer will then fill in and submit a Meridian Police Department time slip with the District time slip attached. PAYMENT e. The Criminal Investigations Division (CID) Lieutenant of the Meridian Police Department will prepare and submit an invoice to the Meridian City Finance Department. The Meridian City's Finance Department will invoice the individual school's that had the special event at the end of each month. The District agrees to pay (1/2) one-half of the overtime for the School Resource Officer that worked the special event. (This will vary, depending on the officer(s).). Overtime for Meridian Police Department is paid at the rate of one and one-half (1 ''/z) the officers pay per hour. 14. The parties recognize that a school within the District may desire to have the Meridian Police Department provide additional security services for sanctioned school events. This agreement does not govern the provision of such additional security services. Additional security services for school events may be addressed in an addendum to the Agreement or in a separate agreement at a later date. 15. The District agrees to provide officers with adequate office space and suitable desks and chairs for the purpose of this Agreement. 16. It is acknowledged by the parties that the City of Meridian personnel acting pursuant to this Agreement are not the employees or agents of the District or schools within the District, but rather, they remain the employees of the City of Meridian. 17. Law enforcement personnel acting pursuant to this Agreement may be absent from their assigned campuses on holidays observed by the District. 18. In the event the City of Meridian or any of its officers, agents, employees, insurers, or indemnitor have any claim, demand, suit, or judgement asserted against them which arises from acts or omissions of the District, its officers, agents, or employees, the District shall, at its expense, defend and indemnify the City, its officers, agents, employees, insurers, and indemnitor, and hold them harmless in the premises. a 19. In the event the District or any of its officers, agents, employees, insurers, or indemnitor have any claim, demand, suit, or judgment asserted against it which arises from acts or omissions of the City of Meridian, its officers, agents, or employees, the City of Meridian shall, at its expense, defend and indemnify District, its officers, agents, employees, insurers, and indemnitor, and hold them harmless in the premises. 20. It is acknowledged by the parties that District personnel acting pursuant to this Agreement are not the employees or agents of the City of Meridian, but rather, they remain the employees of the District. 21. This Agreement may be cancelled by either party for non- conformance or poor performance, on thirty (30) days written notice. If the performance defect is corrected during the thirty (30) day period, this Agreement shall continue in full force and effect. In the event of cancellation of the Agreement, for a failure to timely correct the default in its performance, the District shall pay to the City of Meridian the consideration set out in Paragraph 11, prorated to reflect the number of school days in which services were actually performed by the City of Meridian. 22. The Assistant Superintendent has the authority to execute this Agreement on behalf of the District; and that she/he will promptly bring this Agreement before said Board of Trustees for its ratification at a regularly scheduled meeting. 9 i 23. This Agreement shall be interpreted in accordance with the laws of Idaho. 24. This Agreement constitutes the entire agreement of the parties and all other agreements, oral or written, are included in and merged herein. 25. This agreement may be modified only by a mutually executed writing. 26. The principal of each school shall, in writing, provide the Meridian Police Chief with a designee to contact in the event the School Resource Officer cannot contact the principal when so required pursuant to this Agreement. DATED this ~~ day of eJe~~r/~~[i ,~g@~~5. io CITY OF MERIDIAN BY: l~~ ~T-'a.++.:;y~~eFd- Shaun /,r'a~+~GGc.~ -fV}a~rer-e# Meridian Ci~j Cou~uG /~~-edaCc.~~t- of Police .e~+,~,uuuu~~~~,. BY: . (Bill) usser Meridian C ief ATTEST: William G. Berg, Jr. ~ ?; City Clerk "~,,, .~' ~ ~, ~ S~ ' ~ ~ ' O " q d ~ 9 , • • • G SEAL ,c o"r' ~.~ ~';~9 y' SEAL ~20 s aS .z S N ~'Pj. p S n P. ,, ~ ....... v ,. '.~•• df 53~~~.•' SEAL '"'~~.~~~~,~•~` ~~' o $~AL P ~, ~/IWTY . ~ JOINT SC A~ ~.nt Superintendent Board ~,r.:•'• ~.. •• x,92 o d SEAL ':'` •z N•r o '•.,~~~ ~f •....S3~y,•~,. 2 11 r 4 . 1. September 2, 2005 MERIDIAN CITY COUNCIL MEETING September 6, 2005 APPLICANT ITEM NO. S-S REQUEST Approve Bills AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: G~r~r 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: Matedals presented at public meetings shall become property of the Clty of Meddlan. September 2, 2005 Department Reports MERIDIAN CITY COUNCIL MEETING September b, 2005 APPLICANT Planning Department --Steve Siddoway ITEM NO. 6-A-~ REQUEST Follow up Discussion of Letter from Floyd Robinson -Request to Table to September 13, 2005 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 Se(' ~YerIQUS 1-FefY~ ~Q~-~A~ ~'` ~ 3'~~ ~~ f Contacted: ~(1Vd f.f)Io~11SfX1 Date: q lp DS ~ Phone: ~-~'~ hCXtItC(1l Emailed: Sta Initials: _~ Materials presented aF public meefings shall become property of the City of Meridian. ~' ~ RECEIVE® Hello Meridian City Council, AUG 16 2005 City of Meridian City Clerk Office I would like to address the city council to some on- going problems and concerns. My wife Janet and I moved to the small town of Meridian, to get away from the bigger city of Boise, in May of 1996. We moved into Mallard Landing near the corner of Franklin and adead-end street, Linder Rd. In order to get to it you have to cross a bridge. When we moved in I mentioned my concerns about having so many families, (250), on a dead-end street. The developer, Cory Barton, promised me that the problem would be solved in less than 2 years and that there would be a street put in at the end of Greenhead Ave. In 1997, I came to a City Council meeting and asked you to remedy the problem and that we now had 400 families living in The Landing. I never received an answer. In 1999, I came to a City Council meeting to report that The Landing had reached its full capacity with 500 families. We still did not have any other way out of The Landing except Linder to Franklin. Now, since Jabil and that proposed overpass went belly up, we need Linder to be extended over the freeway with an over pass, or a street put through at Greenhead, or cutting through to Waltman Lane. Will here I am again: 2005. I am still asking for our City Council to do something for the people of Meridian. We now have 2 more housing developments with well over SEVEN HUNDRED (700) families and a Grade School on a DEAD END STREET. Does a child have to die because the ambulance had to route around from South Linder and Overland to f I~ Meridian Rd to Franklin Rd. to Linder to what ever street he lives on because you did nothing? Does a house have to burn down in The Landing because the fire engines were coming back from a fire on Amity and S Linder and had to take the longer route? How much longer do we have to wait? Don't you think that nine years is long enough? What price do we have to pay to have another alternative way out of The Landing? If two school busses were to collide on the Linder Bridge, there would be no way to get any vehicles out of the Landing and passed them. By law no one can move the busses until after a thorough investigation has been completed. I know that you don't know me because I do not come here very often. Well, I think I can remedy that problem myself. I will be here every Tuesday night asking for your help until you either throw me out, or you do something besides pass the buck. I am not the only one who feels this way. We ARE voters! Does any of this make sense to you, our Meridian City Council??!! Respectfully submitted, ,2- Floyd Robinson 828 S. Redhead Ave Meridian, ID 83642-7706 September 2, 2005 Department Reports MERIDIAN CITY COUNCIL MEETING September 6, 2005 APPLICANT Parks and Rec Depdrtment -Elroy Huff ITEM NO. 6-8-~ REQUEST Award of Bid for Autumn Faire Neighborhood Park Dev. To Hillside Landscape Construction - Request to Table to September 13, 2005 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS S~ e ~rc~n avs 1~ern no cka.+ ~(3'~ 5 Date: Staff Initials: Phone: Materials presented at public meefings shall become property of Poe Clty of Meridian. ~~) September 2, 2005 Department Reports MERIDIAN CITY COUNCIL MEETING September b, 2005 APPLICANT Solid Waste Advisory Committee ITEM NO. 6-C-~ REQUEST Reqeust for Approval of Recylcling Project recommended by Committee AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See attached 6~ „~3Qo. ~~./ ~~ V Date: Staff Initials: Materials presented al publle meetings shall become property of the City of Meddfan. Phone: RUG-31-2005 23:55 FROM: RIVER URLLEY ELEM 2088848927 T0:2088f385052 P.2~2 n 1 ~.. _ ~ ( f~ ~,~ I i I. U r~~~; ) ~~ CommunNy Recycling Fund Application ~~~ ;~;;, ~~ i~'io~;~.,.~; .. ;;~;~. This application is to be completed by organizations applying For wmmuntty recycling fUrld~h~g Please note: We can only consider appYcoNons far praJects wfdtlrt Metldfan cIN UmNs: whkh peAaln fo reeyellnp; whkh have o 1:1 matching component; amt contain recycled content, it opplkoble. Please return Completed applicaHan to Sanitary Services, Co. 2130 W, Franklin Rood, Merfdlan, Idaho, 83642 or fox to 86e-5052. Orgonrz< Address City ~< <' ~ ~ t ~ State ~Q Zip Coda .1 Contact Nome andpTitle Phone Number 1) D \' t~V.~ Fox Number D o l- D~l ~.~ 1~c a ~ /'~ f G ~ ~ ~` , C t V~ S w~4 ~ ~ ~ c ~~ aTr~~i ... ~~ srev. 5~.~ ~ 1 ~~~ /.rr~a r$ G~ ~~. Describe the community recycling activity you would like to hove supported, Attach additional sheets if needed. $. nsaerdF,w uru v nrnnnvntion's eumose. Attach additional sheets 1} needed. Total funds requested Total estimated cost of protect Descnba how the community recycling funds will be used, how the matching conhibution wdl be determined, and the schedule for the project. At}och additional sheets if needed. C P G`l • ~ ~tMC f~2Q.r4~,S2MfOlt a~ ~T 'ff~lh . AUG-31-2005 23:55 FROM: RIVER VALLEY ELEM 2088848927 70:2088885052 P.1~2 0: 5~[mar~~~a F p~:~s~ 5~~~~y t OM , '~~~v V a~~c.l all Vow W~l'~ InC '~'htS . - l ~t Con~v.5tion ~ ~^y adc~,~~~~~~ ' k ~, 14. a.(ILJ agci n . apprcc.~ ~ ~ - ~l r he `V ~~ is U c~ I ~~ BEFORE THE MERIDIAN CITY COUNCIL C/C September 6, 2005 IN THE MATTER OF THE APPLICATION OF EVAN5 CONSTRUCTION MANAGEMENT FOR FINAL PLAT APPROVAL OF 26 SINGLE-FAMILY RESH)ENTIAL BUILDING LOTS AND 2 COMMON LOTS ON 8.73 ACRES IN AN R-4 ZONE LOCATED ON THE NORTHWEST CORNER OF VICTORY ROAD AND MERIDLAN ROAD IN A PORTION OF THE SE '/< OF T. 3N., R. 1W., SECTION 24 CASE NO. FP-OS-055 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code § 12-3-7 on September 6, 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 6, 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 STRADA BELLISSIMA SUBDIVISIONNO. 2 IN A PORTION OF THE SE '/ OF T. 3N., R. 1W., SECTION 24, BOISE ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR STRADA BELLISSIMA SUBDIVISION NO.2 / (FP-OS-055) Page 1 of 3 MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2005, HANDWRITTEN DATE: 08/02/05, SHEET 1 OF 4, PINNACLE ENGINEERS, INC", EVANS CONSTRUCTION MANAGEMENT, 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 6, 2005, listing 17 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 10 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 4 pages, and by this reference incorporated herein, and the response letter from Chris Hobbs at Pinnacle Engineers, Inc., a true and correct copy of which is attached hereto marked Exhibit "B", and consisting of 1 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 TAHINGS ANALYSIS ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR STRADA BELLISSIMA SUBDNISION NO.2 / (FP-OS-055) 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 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 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 ~D ~ day of ~(~fCt't1~DC-r , 2005. Attest: G. Berg, Jr., City ,~~~titl~ 0 l~t~¢~95wl~lJd_1L 11 ,d~ ,~~r ,r~~c Copy served upon Applicant, the Plarin: City Attorney. BY~~CIk ~~_~~lL ~~^'~~ City Clerk's. Office Dated: ~-2Lo- of Meridian Public Works Deparhnent, and ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR STRADA BELLISSIMA SUBDIVISION NO.2 / (FP-OS-055) Page 3 of 3 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS KeiOt Bird Christine Donnell Shaun Wardle Charles M. Rountree " a° ~; 1 ~~ CITY OF 1~ ~l"' . n ~ C~%~ ic eri IC IUi\HO PUBLIC WORT{S BUILDING DEPARTMENT (208) 898-5500 ~ Fax (206)698-9551 PLANNING AND ZONING DEPARTMENT (208)884-5533~Fax 888-6854 STAFF REPORT: Hearing Date: September 6, 2005 Transmittal Date: September 1, 2005 To: Mayor and City Council ~I~~~ From: Sonya Watters, Assistant City Planner tj"" Michael Cole, Development Services Coordinator ~ C Re: Strada Bellissima Subdivision No. 2 Request for Final Plat approval of 26 Single-family Residential Building Lots and 2 Common Lots on 8.73 Acres in an R-4 Zone by Evans Construction Management (File No. FP-OS-OSS). We have reviewed the above referenced submittals and offer the following comments as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Evans Construction Management, has applied for Final Plat approval of 26 single- family residential building lots and 2 common lots on 8.73 acres of land for the second phase of Strada Bellissima Subdivision. The zoning designa5on for the proposed subdivision is R-4. The gross density is 2.98 dwelling units per acre and the net density is 4.12 dwelling units per acre. Strada Bellissima Subdivision is located on the north-west comer of Victory Road and S. Meridian Road, in the SE Y of Section 24, T.3N., R.1 W. A Conditional Use Permit/Planned Development was approved for this subdivision that included a reduction to the minimum street frontage requirement in an R-4 zone from 80-ft. to 76-ft. The Planned Development was approved with a 20% land use exception for the commercial portion of the development. Proposed amenities include a micropath and bus stop, an open space plaza, a tot lot, and detached sidewalks with street trees. The submitted final plat substantially complies with the approved Preliminary Plat. Staff recommends approval of Strada Bellissima Subdivision No. 2 with the comments and conditions stated in this report. FP-OS-055 Exhibit "A" Strada Bellissima Sub2 FP.doc ~ ~ Mayor & City Council Hearing Date: September 6, 2005 Page 2 SITE SPECIFIC COMMENTS /FINAL PLAT 1. Applicant is to meet all terms of the approved Annexation (AZ-04-028), Preliminary Plat (PP-04-038), and Conditional Use Permit (CUP-04-047) for this subdivision. 2. Fencing must be in compliance with MCC 12-4-10 and 12-13-15-9. 3. Revise or add the following notes on the face of the plat dated 8/2/05: (3.) "...exterior boundary lines and rear lot lines have a ..." (4.) ".....irrigation easement is designated centered on interior lot lines unless otherwise as shown." (7.) "Lot 12, Block 2 6 and Lot 9, Block 4..." (10.) Complete instrument number. Submit three copies of a revised plat to the Planning Department prior to signature on the final plat by the City Engineer. 4. The landscape plan, dated 7/25/05, is approved as submitted. 5. The legal description in the Certificate of Owners does not match the lengths and bearings shown on the plat. The applicant shall make the necessary adjustments to ensure they match. 6. Graphically depict a 5-foot wide Public Utilities, Drainage, and Irrigation easement in the following locations. They are interior lot lines to an existing phase. a. Western boundary of Lot 13, Block 6. b. Northern boundary of Lot 13, Block 4. 7. The applicant has indicated that Nampa Meridian Irrigation District will own and maintain the pressure irrigation system within this development. 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. 8. 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, plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature. FP-OS-055 Exhibit "A" Strada Bellissima Sub2 FP.doc Mayor & City Council Hearing Date: September 6, 2005 Page 3 9. Please submit a signed 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. 10. A master Grading and Drainage plan is required as part of the development plans. The Master Grading and Drainage plan shall include at a minimum the following: a. Finish floor elevation for all houses in this development. b. Finish grade elevation at each lot corner. c. Drainage flow patterns on all lots. d. If structural fill is to be placed on any lot, material specifications and compaction requirements shall be detailed. 11. 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. 12. All development improvements, including sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 13. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 14. Sanitary sewer and water service to this site shall be via existing mains installed in phase # 1. The applicant shall 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. 15. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 16. Please submit all updated groundwater/soils monitoring data to the Public Works Department for review. Any drainage areas (detention/retentionhasins) must be designed to ensure that water is retained only during 100-year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3:1. Any portion of a drainage area not improved with sod/grass seed (or other approved landscaping) shall not count towards the required open space area. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type and characteristics during the design and construction phases. FP-OS-OSS Exhibit "A" Strada Bellissima Sub2 FP.doc r" Mayor & City Council Hearing Date: September 6, 2005 Page 4 17. Staff s failure to cite specific ordinance provisions, or terms of the approved Annexation, Preliminary Plat, or Conditional Use Permit does not relieve the Applicant of responsibility for compliance. 1. 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. 2. 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. 3. 100-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Deparhnent. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity aze determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 4. 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. 5. 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. 6. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 7. Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. 8. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 9. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 10. Developer shall coordinate mailbox locations with the Meridian Post Office. STAFF RECOMMENDATION Staff recommends approval of the final plat with the above stated comments and conditions. FP-OS-055 Exhibit "A" Strada Bellissima Sub2 FP.doc ~1 . Sonya Watters From: Chris Hobbs [chrish@pinnacle-engineers.comJ Sent: Tuesday, September 06, 2005 3:21 PM To: Sonya Wafters Subject: RE: Strada Bellissima Subdivision No. 2 Final Plat Sonya, 1 We are in agreement with the site specific comments and general requirements as contained in the Staff Report for the final plat of Strada Bellissima Subdivision No. 2 (File No. FP-05-055). Thanks for your help, Chris Hobbs P~nnecle Engineers. Inc 12552 W. Executive Or. Boise, Idaho 83713 Phone (2081 88 7-7760 ext. 292 Fex j 208J 887-7781 chnsh@pinnac/e-engineers. com 9/6/2005 rxian+l „tl.. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the matter of the Request for Vacation of a ACRD owned alley adjacent to Lots 1-9 and 22-30, Block 1 of the Amended Plat of the Townsite of Meridian, by Zeke Johnson. Case No(s). VAC-OS-011 For the City Council Hearing Date of: August 16, 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 6, 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 CTTY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAC-OS-017- PAGE I ~. verified that the property owner(s) of record at the time of issuance of these findings is Amyx Family Limited Partnership. 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 publicright-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 to 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 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-017- 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 Action: 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 by law. 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 bylaw. 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). 3. 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. C1TY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAC-OS-017- PAGE 3 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. ACHD owned alley adjacent to Lots 1-9 and 22-30, Block 1, of the Amended Plat of the Townsite of Meridian. 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. ACHD owned alley adjacent to Lots 1-9 and 22-30, Block 1, of the Amended Plat of the Townsite of Meridian. 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-017-PAGE4 l 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 ~L~,.~_,Qc„ , 2005. ~T~ COUNCIL MEMBER SHAUN WARDLE VOTED__~~ COUNCIL MEMBER CHRISTINE DONNELL VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED ~/ ~~"~- COUNCIL MEMBER KEITH BIRD VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Attest: William G. Berg, Jr., ~,~.~`1~uuuu"~~~ ~ .~ =_ $EAL = 9 / '~~ y CYe,~ ~T'(~• ~P'g ~ G~j G~-c.:o Prcrde.~.~ Copy served upon Applicant, The Planning and Zoning Department, Public Works Department and City Attorney. By~~~f ~Q~~ Dated: q-~~'~ City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECiSTON & ORDER CASE NO(S). VAC-OS-017- PAGE 5 CTTY OF MERIDIAN PLANNINa AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 STAFF' REPORT To: FROM: SUBJECT: City Council Hearing Hearing Date: 9/6/2005 city Council Josh Wilson, Associate City Planner Michael Cole, Development Services Coordinator ``~~~,~_,y,,, ,,~,~,,~,,,~~.-', )~ - w~•1 Meridian Creamery Property • VAC-OS-011 Vacation of ACHD alley through the center of the property i ~~~ '~~ ~~~~,,~~~~~•~~r pn'19!_ ti ~~~,~,~<, ~, ~ j. ~`,. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant is requesting that the City of Meridian consent to the vacation of a portion of an ACHD owned alley on the former Meridian Creamery Property between Meridian Road and Main Street, south of Broadway Ave. The portion of the alley to be vacated lies adjacent to Lots 1-9 and Lots 22-30, Block 1 of the Amended Plat of the Original Meridian Townsite. As part of the application with ACRD to vacate the alley right-of-way, the applicant must obtain written consent from the City Council of the respective city, which in this case is Meridian. 2. SUMMARY OF PLANNING AND ZONING COMMISSION HEARING • On August 16, 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. • No public testimony was provided. • Key Commission Changes to Staff Recommendation: None. • Outstanding Issues for City Council: o Bond for relocation of City sewer main: The Public Works Department has received the required bond in the amount of $74,000 for relocation of existing City sewer mains in the alley, satisfying Site Specific Condition of Approva12.1. 3. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 27 E. Broadway / SE Comer of Meridian Road and Broadway Ave. b. Owner: ACHD 3775 Adams Street Garden City, Idaho 83714 c. Applicant: ZekeJohnson Stee] Ventures 1854 E. Lanark Meridian, Idaho, 83642 d. Representative: Zeke Johnson, Steel Ventures VAC-OS-011 PAGE 1 CITY OF MERIDIAN PLANNINV AND ZONING DEPARTMENT STAFF REPORT. QCIESTIONS? CALL (208) 884-5533 e. Present Zoning: OT f Present Comprehensive Plan Designation: Old Town 4. PROCESS FACTS a. 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. b. Newspaper notifications published on: August 15, 2005 and August 29, 2005 c. Radius notices mailed to properties within 300 feet on: August 12, 2005 d. Applicant posted notice on site by: August 24, 2005 5. LAND USE a. Existing Land Use(s): Abandoned Industrial property/ ACHD right-of--way b. Description of Character of Surrounding Area: Downtown care- a mix of residential, commercial, and light industrialproperties. c. Adjacent Land Use and Zoning 1. North: Broadway Avenue and Farmers and Merchants State Bank, zoned O-T. 2. East: Zamzow's feed mill, zoned O-T. 3. South: Union Pacific Railroad tracks and industrial properties, zoned O-T. 4. West: Meridian Road and various properties, zoned O-T d. History of Previous Actions: VAC-OS-010 e. Existing Constraints and Opportunities 1. Public Works Location of sewer: In the Alley that is being vacated. Location of water: None affected. Issues or concerns: A sewer main is located in the alley that is being vacated. Public Works needs assurances that this facility can be protected or relocated. 2. Vegetation: NA 3. Flood plain: NA 4. Canals/Ditches Irrigation: NA 5. Hazards: NA 6. Proposed Zoning: NA 7. Size of Property: 0.10 acres 8. Description of Proposed Use: No formal future development plans are proposed at this time, but the applicant has indicated to City staff that they would like the alley vacated for possible future construction of a large building which would cover the existing alley. 6. ZONING ORDINANCE VAC-OS-011 PAGE 2 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT (1UESTIONS? CALL (208) 884-5533 a. Zoning Schedule of Use Control: NA b. Purpose Statement of Zone: c. General Standards: MCC 12-10-2.C states "County Highway District Approval: Vacations and dedications of rights of way for public streets must be in confomuty with the policies of, and approved by, the Ada County Highway District." d. Specific Use/Application Standards: NA 7. COMPREHENSIVE PLAN POLICIES AND GOALS Staff fords the following Comprehensive Plan Policies and Goals relevant to the subject application: Chapter V Goal II: Ensure that downtown is the vital center of the community. Objective A: Support redevelopment of Old Town. Chapter V Goal H Objective A Action 11. Adopt policies that will promote the downtown district as a prime location for a mixed residential/commercial living opportunity. 7. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation 4. Vacation: Staff finds that the vacation of the alley will promote the continued redevelopment and revitalization of the downtown core and will promote the best interests of the City of Meridian. b. Staff Recommendation: Staff recommends approval of the subject Vacation application. S. PROPOSED MOTION Approve I move to approve File Number VAC-OS-011 as presented in the staff report for the hearing date of September 6, 2005. Deny I move to deny File Number VAC-050-011 as presented in the staff report for the hearing date of September 6, 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 approval.) 9. EXIiII3ITS A. Drawings 1. Sketch of area to be vacated B. Conditions of Approval 1. Planning Department 2. Public Works Department C. Legal Description VAC-OS-011 PAGE 3 l ~ CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 A. Drawings 1. Sketch of area to be Vacated: ~•e~~ evr~r-Ef~.s~J. -. --. - sai{/~-that f/c e~ ¢~•e ~e Sa ~~ei°tdcc~~~C-'>-eciarze~~NZrirzt,C`ed a~o~•csazd a>~~af f/~c seu ~2x~Tv/vrsoir., P~mr~ic~ct.. SG•ct~cr~ctF GS flee c.`c z~iosrs.{e.:. r. ~arat~llL~~reldtr.~E.1'~r.Y«~y. 2'/re scczd (=4-rpoe~cci'e Se¢La su. 1 >vr~n dzt-l7. afj/rxed'and.FCel..rcre ~/ 1 urL~f/<m'efi~cc~~ddveez'cnrJ a/Ctt r~~o-eoF.~/reruch 1erlorto,rae./Emr Timrd ~° BROAbWAY AVE. m ~b~71,d ~ ~ ALI-¢`( ro R~ Yq U~-(Ep d Alec ;7SG l:19 ,a. ~a ' ae zg ze s~ xc xe za xa za CI m Lq ~e 1~ m 0 w J 2 _ Q ~ , ~ ~ ° I I ~ 1 z l a 4 ~ s c 7 e l 9 to n Iz Is la Is W ; I I Vag 30. • I r 30. ` ~ N stRc Jy cow~tyg zv~ ~~ /5/ vu ,pv. o. /qc A-1 ((/ /% 1, CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 B. Conditions of Approval 1. Planning Department a. None 2. Public Works Department 2.1 The applicant shall submit a bond or letter of credit to the City of Meridian Public Works Department in the amount of $74,000 prior to the application being heard by City Council. The surety is required to ensure that the City's sewer facilities will be relocated as necessitated by the applicant's development of this property. 2.2 The applicant shall install all mains necessary to ensure existing serviceability, and shall coordinate main size and routing with the Public Works department. Applicant shall execute City of Meridian standard forms of easement for any mains that are required. B-1 ~. ~ ( CITY OF MERIDIAN PLANNINi, AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 C. Legal Description Legal Description Alley Vacation A parcel being part of the alley adjacent to Lots 1 through 9 and Lots 22 through 30 of the Amended Plat of Block No. i of the Townsite of Meridian as shown in Book 2 of Plats on Page 61 in the office of the Recorder, Ada County, Idaho, and being located in the SW '/a of Section 7 of Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a brass cap monument marking the northwest corner of said SW ~/a (''/a Corner), from which a brass cap monument marking the southwest corner of said SW '/< (Section Corner) bears S 0°17'15" W a distance of 2652.58 feet; Thence S 0°17'15" W along the westerly boundary of said SW '/a a distance of 866.45 feet to a point; Thence leaving said westerly boundary S 89°48'49" E a distance of 40.00 feet to the northwest corner of said Lot 1 of the Amended Plat of Block No. 1 of the Townsite of Meridiah and the POINT OF BEGINNING; Thence N 0°17'15" E along the easterly right of way of N. Meridian Road a distance of 16.00 feet to a point marking The southwest corner of said Lot 30; Thence S 89°48'49" E along the southerly boundary of said Lots 22 through 30 a distance of 266.13 feet to a point marking the southeast corner of said Lot 22; Thence S 0°17'15" W a distance of 16.00 feet to a point marking the northeast corner of said Lot 9; Thence N 89°48'49" W along the northerly boundary of said Lots 1 through 9 a distance of 266.13 feet io the POINT OF BEGINNING. This parcel contains 0.10 acres (4,258.07 square feet) and is subject to any easements existing ar in use. Clinton W. Hansen, PLS Land Solutions, PC July 20, 20D5 a 11118 l ~2olos`Z° ~~i~grf O F `OQ, ~~2 \ONW.NPa L~ra~ISftf llJtit~t75 -. ,aM °wvNn° nW CoruJ,l,g RSCI ALTA Jub NOS-33 C-1 ~ ~ ~ la CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND & ORDER In the matter of a request to Annex and Zone 6.34 acres from RUT to R-3 (Rural Medium Density Residential) AND Preliminary Plat approval for eleven (11) single family residential building lots and three (3) other lots, for EI Gato Subdivision, by C2B Development, LLC Case No(s): AZ-OS-012, PP-OS-014 For the City Council Hearing Date of: September 6, 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 6, 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-012 / PP-OS-014 -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 are Ben Zumhoff. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibits D for the findings required for these applications. 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 (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. 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 July 29, 2005 as shown in Exhibit B, and the Site Specific and Standard Conditions 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-012 / PP-OS-014 -PAGE 2 of 4 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated July 29, 2005 is hereby conditionally approved; and, 2. The Site Specific and Standard Conditions are as shown in Exhibit C. 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 preliminazy 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 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: Legal Description Exhibit B: Approved Preliminary Plat (with conditions) Exhibit C: Site Specific and Standard Conditions Exhibit D: Required Findings ~ ~h B ction of the City Council at its regular meeting held on the day of 2005. COUNCIL MEMBER SHAUN WARDLE VOTED_ZG~ COUNCIL MEMBER CHRISTINE DONNELL VOTED~i~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED ~~- CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-012 / PP-OS-014 -PAGE 3 of 4 COUNCIL MEMBER KEITH BIRD VOTED~~jti MAYOR TAMMY de WEERD VOTED ////-- (TIE BREAKER) J'haw.ti W.i./~ . GkJ C• w••.u:t- prati>:G~ Attest: ~~~~~'~~r '~,~ ~" `~ d ~- - gEAL 1Villiam G. Berg, Jr., Ci Cle k r ,'~~r 1st ~ .,,P~~~ Copy served upon Applicant, The Planriit~Ig ~IN~[~~iin,~~Tepartment, Public Works Department ~~~,,,~~~ ~~m~~ and City Attorney. By~~!}~1'1~~noQn~ Dated: q-I~-OS City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-012 / PP-OS-014 -PAGE 4 of 4 EXIIIBIT A El Gato Subdivision A~OS-012 Legal Description I __ _ _ , ranr~cl. Urscnn•noN rmm.or la, arms rr.yee. lm Pi Acrccenwm cnial Nn Prnmnnnv LFCAL rescwrnou n pa,.n nrlal.l mnlea.n me I•nlnl~aa v. m me anmh~.,l v. ~rsea,,,,, n, r..x•Inar J Nn~n~. x,xge I w'~a~, mew nlmiditq (ilY of Mo,Jion, AJa ["aumY.ld9b, nmrt Va'IiW ol1J' Aeunfied as (ollmv: CO}IMIiN('INr: al IM1e Ilallheiu rnmo of Ilm nnnhean V. uflM1~ rnullrcatl'tls"asl Y, mmerl orS.eliull Y: rn~n« sm:nl Ilmj e'u~' iv„I,wnam.m wi•n a:,. ~aa nik ~on« aa~d nxnn~a,l'. srtliw Y n dnml m nr SPf n em, Unn~ mun,a.m!J or ILrnm Nanh NY"1l'Jl" Wcn pmullel with Ihc:mnh lino of IM1e eaiJ uwlheasl 4: nrlhe NnulLessl'q of Sudinu V a Ilialim¢ of II.UU rnuU Ilse POINT OF IIHf:hVNIRC, Ilmm'e,Ymu11 W'J645 Well WAllel wilh,M1c rvsl line of Jw aald nmNUOiI'4 o(Ihe eomneasl'i, of 9ealnn Y o dieloieev(l]h U1 fml m Iha uunh Inm of IM1e Gegon 9hw1 Line Pnllmzd Ilghlar-way 9 M1ala Nmin Pg"ES'] I"1Vesl windJnumlh the wN, ILIU nfll¢ Oregou5nan Line Palllond rlglnnf- woY 1JI4R4lue, IhaKe Nnrtl: W lA'JS" Fns parallel wish the earl line of Wv aald nnnbmsl'/. nf,M1e soulneasl!~, ar flulloll Y o dlslo:x'e nflEJ Y9 reor, lhemx~ Snmb tlY°N'~LJ" Eml pamlltl wi,L Jm •Ilmh Ino oflLc aziA nmJeosl'6 nrllw soulleosl :'. of tiegiuo 9 a Nslano- o(JJU.EE liel to IL. 1'UINT OF PF.faYNgN4. mgr>I.al a„,,,~ Ja~in~u armlam. asl a.,n nen of lac logelhn wmmmm~nlm w.xaxl, a, .nnll.n¢, unJ rzauu•ol.•.rt2c.~,d liaai. nrbeanuF" a Yum4 fNYfX VS" Pml hpa.o Ibe easl l: mmea ortinnou 9 oIW,FN"buys eaP (rnumr ¢mnl 19i151J11 masking IIk snulbusl rnmu of timlixo 9 nnlM1 in foxllshiy J Nonn.llallye 1 N'esl. //~~~ oy94~,13 fIP4o44i OO "~LIn1L~~~1~L4~G SOS ennnrtJ.:adpllol, ~i461- 21«~Jal o h, o O4~Oi IDba~~ d9HIPEPSW~ I'N~,l..vrnn«mvm rrl la~.n,w.ayreah'xW:IPxY I Ixavep °ji'° van I Ur I EI Gato Subdivision Exhibit A 701 BLACKCAT ROAD ANNEXATION LEGAL 1 N i Nrs' 355.22' EI/4 COR SEC 9 '9'37'43"E POINT OF COMMENCEMENT POIN7" OF DEGINNING 0 n n w 3 m 'a ~ ~ ~~ 1-Anneaulion Closure ~ ~- ~ 0 276,267 sq. TL :'~ m z 6.34 acres ~ ~ a U Y U Q m N68~2521 {'~ ~E4151fgF~lti 355.27' ~ 5461 ONEGON SHORT LINE a RAILROAD e"e i w apfa ~L- -, oYac or ~00~1 a OS SH r..w ti . ~/~~8~-r' exioinn ruauc rte. ~~ vmnx. oePc EI Gato Subdivision Exhibit A (~ ~ EXHIBIT B EI Gato Subdivision PP-OS-014 Preliminary Plat Dated July 29, 2005 ~. m r, ~ c i in gr (el-/~ ~~__ r~l ?~ ~i -`~ _ ~ ~ _~ - I i ~ a 1 ~~ ~ [,: ,a I i 1 ~ ~, ~ J . r ~~I- _I ~ vn~ ', N r ~ '~r i r _~, - ~~ It ~i ~ brrr~ rneFr ~ o f ~~ f ' 11 ~ ~~~ 1111 ~ f b . , : ; ~ , ; , ~; e~ G , I ~I ; ~ _ < , ~ l i ~. ~~~~~ u ~~ ~ ~i I~ i ~ ~~,~ ~ i I _ ~ ~ ~ ~!~ ~ ~~ I ~ i I _ L I 4 k lr iii V ~i ~ .I 1. - - - - ~ - ~, ;: C~ !r ~~ 9~ `o= A Cn 7. ~n ~~~yy V ~n A ~r`~` ~~ 9 O z ,; '~ '~ 1 i ~= ~~ rr3}t ~~ ~ ~ ~ ~ r~~ 1 i 7 f i~ 3 ~ '~l ~jl z-11 ~~ ~ (~ ~ + iii r .. ~~~~ ~~ ~ i I ~~~ ie..o I~~ N , e1 1 ( r f ~ i F ~g i ~ ~ ~ ~; 3 ,,, ~i { ~ ;~g~ _~~ ~ ' el A ~ ~ ~1i Ij ~ .{? ~ i ~ ~~~ ~~ ~° ~ E~3 ~ a ~ ~ ~° ~ ~ S t 1 . 9 ~ ~ _I_ 1~ i 1 ~ fl aa~}1 ~ ' ( ' 1 ~ I CQYGER ANWILEMEMGftOUa I EL GgTO SVEMVI51Wl i ~ PRELIMINARY PLA r ~ - ~ T - - _ ~ ~ ~ ,., ; ~ I ; 1 4 ~ _A ~ = ~ ~ ~' EXIiIBIT C EI Gato Subdivision A~OS-012, PP-OS-014 Conditions of Approval (With deletions and additions in strikeout/underline) 1. This Staff Report is based upon the preliminary plat prepared by W&H Pacific on Julv 29, 2005 >a~ '~~°~~-Tlc- ^~^~ and is approved with the conditions listed herein. All comments/conditions of the annexation and zoning (AZ-OS-012) application shall also be considered conditions of the Preliminary Plat (PP-OS-014). 2. Construct Liger Court to the north right-of--way line to tie in with the amended alignment of the W. Pine Ave right-of--way. 3. th~lety density-residential designstieri e~ss-tlu`~3--d.-.~=g~~s~e~-acre. d=ho ,.,.l..to.l 1.., al,o .,.l. o« ..F l..a.. 1... tl,.. .. ««ll ..........u+........i,....u.u. uvu,aau) .~uuaa ~v ~`r n..«o....0 41,..4 :«„1..Ae.. ,.«1... «,...: A,.«a:..l I«4~ «..,...:«„A 1„«d...,..«0 1... FF P.. .... «,.....: «,.A L,.. 4. A detailed fencing plan shall be submitted upon application of the final plat. If permanent fencing is not provided around the perimeter, temporary construction fencing to contain debris must be installed prior to issuance of building pemlits. All fences shall taper down to 3 feet maximum within 20 feet of all right-of--way. All fencing shall be installed in accordance with MCC 12-4-10 5. eoF ...,:ao cot ,.F«l.e c c, .. ..:.« r «..,.«..L,1., ,.~„,„,,.« ...,o« .,«..,.o ..,.a. Based on the revised plat dated July 29, 2005 all areas approved as open space shall be free of wet ponds or other such nuisances. All storm water detention facilities incomorated into the approved open space are subject to MCC 12-13-14 and shall be fully veeetated with rgrass and trees. Sand, gravel or other non-veeetated 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 landscapine shall be consistent with the preliminary plan with modifications as proposed by staff If the storm water 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, Citv of Meridian and all other re ug latorv requirements at the time of final construction. 6. Prior to final plat approval by City Council, vacate the unopened right-of--way along the southern 20 feet of the property as per ACHD conditions of approval. The applicant shall submit an application to the Citv of Meridian for vacation in compliance with MCC 12-10-1 of the southern portion to be included with proposed Lots 7 and 8 of Block 1 of the preliminary plat dated Julv 29, 2005. ACRD shall vacate the right-of-way_prior to final plat ap rp oval. The submitted landscape plan prepared by Good Earth Landscape, dated 2-11-OS is approved as submitted, with the following notes/modifications: EI Gato Subdivision Exhibit C • 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). Coordinate a tree protection/mitigation plan with Elroy Huff at the Meridian Parks Department. • Landscape a minimum 50-foot wide buffer in the existing Pine Lane right-of-way and execute the required license agreement with ACHD. The landscape buffer along El Gato Lane shall be planted with trees and shrubs, lawn, or other vegetative groundcover, with a minimum density of one tree per thirty-five linear feet, as proposed. Said landscape buffer shall be located beyond the required future street right-of--way, as proposed. • Depict a minimum of 5' sidewalk in the Black Cat Right-of--way as required by ACHD Conditions of Approval. • All street trees located in the parkway shall be consistent with the street buffer requirements of MCC 12-13. The approved landscape plan is not to be altered without prior written approval of the Planning & Zoning Department. 8. The Purdam Drain shall be fenced appropriately with asix-foot tall non-combustible material and maintained free of noxious materials. 9. Underground year-round pressurized irrigation must be provided to all lots within this development (MCC 12-5-2.N). 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 shall 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 shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. If the system is to remain private, a draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. 10. Maintenance of all common area lots shall be the responsibility of the El Gato Homeowners' Association. 11. Sidewalks within the proposed subdivision shall be built in accordance with MCCI2-13- 10-8. The applicant shall provide five-foot detached sidewalks adjacent to Black Cat Road. The applicant shall also provide four-foot wide detached sidewalks adjacent to the internal public streets (with a minimum eight-foot wide planter strip between the sidewalk and the curb), as proposed. 12. Add a note to the face of the final plat stating: "Garage setbacks shall be measured from the property line or the adjacent sidewalk, whichever is more restrictive." 13. Sanitary sewer service to this site is being proposed from the future extension of the Black Cat Trunk line. The applicant will be responsible to construct sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. Cover over sanitary sewer mains shall be no less than 3-feet from finish grade to the top of the EI Gato Subdivision Exhibit C pipe. If cover is less than 3-feet from the sub-grade to the top of pipe, alternate pipe materials shall be used per the Meridian Public Works Department's Standard Specifications. 14. Domestic water service to this site shall be via extensions from Black Cat Road and provide connections for the property west of the project boundary. The preliminary plat indicates the proposed water main in Pine to be eight-inch, the City of Meridian master water plan requires 12-inch; therefore upsizing of the main in Pine shall be required. The applicant shall 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. 15. The landscape plan dated 2/15/2005 shows trees planted on each lot line. Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 16. Direct lot access to Black Cat Road is prohibited. A note shall be placed on the final plat restricting access to Black Cat Road. 17. No variances, exceptions or reductions to the City adopted dimensional standards or uses are approved with this preliminary plat application. Unless otherwise approved, all minimum lot sizes, structure setbacks, street frontage, and house size requirements of the R-3 #-4 zone shall be maintained. 18. A covenant shall be recorded for each lot within E1 Gato Subdivision stating that the owner of the lot shall be responsible for maintenance of the drainaee Swale located on ACHD Rieht-of--way frontine on the lot. 19. The existin@ house shall be removed prior to the City Eneineer's signature on the final plat. 20. Revise the detail of the road side Swale. to show ribbon curb instead of the rolled curb that is shown. 21. Any existing domestic wells and/or septic systems, and appurtenances, within this ~roiect will have to be removed from their domestic service ner Citv Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic ~utposes such as landscape irri atg ion. STANDARD CONDITIONS OF APPROVAL (PRELIMINARY PLAT) 1. All grading of the site shall be performed in conformance with MCC 11-12-3H. 2. Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to MCC 12-13-10-8. 3. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. El Gato Subdivision Exhibit C 4. Street signs to be in place, water system shall be approved and activated, fencing shall be installed, drainage lots constructed, road base shall be approved by the Ada County Highway District, and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 5. 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. 6. A detailed landscape and fencing 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. 7. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 8. Two-hundred-fifty and 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. 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. 10. Submit any up-dated groundwater/soils monitoring data, as collected and analyzed by a soils scientist, to the Public Works Department for review. 11. The applicant shall coordinate mailbox locations with the Meridian Post Office. 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. 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. 14. The 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. 15. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 16. Applicant shall be responsible for application and compliance with and NPDES Pemutting that may be required by the Environmental Protection Agency. EI Gato Subdivision Exhibit C 17. Staffs failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 18. Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. AGENCY COMMENTS AND CONDITIONS MERIDIAN FIItE DEPARTMENT 1. One and two family dwellings will require afire-flow of 1,000 gallons per minute avaiable 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 Water Department and water quality by the Meridian Water Department for bacteria testing. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4'/z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works 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 pemrits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be placed 18" above fmish grade. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved tum azound. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 6. All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. Said common driveway shall have a minimum GVW of 70,000 lbs. No parking signs shall be installed on any common driveway that doubles as a fire lane. Coordinate the location of the required signage with the Meridian Fire Department. Dead-end fire apparatus access roads in that are 500'-750' in length. The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 26' wide. Streets with less than a 35' street width shall have no parking. Streets with less than 39' shall have parking only on one side. These measurements shall be based on the face of curb dimension. Special approval required over 750' IFC Table D103.4. For all public streets containing landscape islands, paint the curb red and provide signage "No Parking Fire Lane". 9. Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible constmction is brought on site. EI Gato Subdivision Exhibit C 10. The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. 11. The proposed 17-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 52 residents at build out. 12. 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. MERIDIAN PARKS DEPARTMENT 1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance will be followed. 2. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance will be followed. ADA COUNTYHIGHWAYDISTRICT 1. The applicant shall do one of the following: a. Dedicate by donation a total of 48-feet ofright-of--way along Black Cat Road, and construct a minimum 5-foot wide concrete sidewalk along Black Cat Road, located a minimum of 41-feet from the centerline of the right-of--way. b. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along Black Cat Road, located a minimum of 41-feet from the centerline of the right-of--way, in an easement provided to the District. c. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along Black Cat Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Construct Pine Lane/EI Gato abutting the site so that when the street is fully constmcted (north and south sides), the street will align with El Gato on the east side of Black Cat Road. These streets intersecting Black Cat Road are required to align, centerline to centerline. Construct the street as one-half of a 36-foot street section, with a minimum of 24-feet of pavement, within the 50-foot right-of--way corridor that is needed for the alignment. Curb, gutter and 5-foot wide concrete sidewalk is required on the south side of the road. The additional Pine Lane right-of--way (south of the road) maybe landscaped, with a license agreement. This requirement will eliminate the two roadways that currently intersect Black Cat Road on the east side, and will combine the entrance as a single roadway at EI Gato. Provide a connection for Pine Street to intersect EI Gato at the west property line. 3. The street layout is approved as proposed. EI Gato Subdivision Exhibit C 4. The internal streets shall be constructed as 36-foot street sections with curb, gutter and 5- foot wide concrete sidewalks within 50-feet ofright-of--way. If the applicant chooses to pursue the alternative street section, then the applicant should provide the District with information indicating that this subdivision meets the criteria. 5. Bengal Street shall be constructed as a stub street to the west property line, as proposed. Install a sign at the terminus of the roadway that states "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 6. Turnarounds shall be constructed to provide a minimum turning radius of 45-feet. 7. Vacate the unopened right-of--way abutting the south property line, prior to final plat approval. The vacation should be completed by the applicant prior to final plat approval, and can take four to six months to process. 8. Any existing irrigation facilities shall be relocated outside of the right-of--way of Black Cat Road or El Gato Lane. 9. Comply with all Standard Conditions of Approval. ACRD Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of--way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that maybe 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. EI Gato Subdivision Exhibit C 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 Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of- way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call 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. 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 awaiver/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. EI Gato Subdivision Exhibit C EXHIBIT D El Gato Subdivision AZ-OS-012, PP-OS-014 Required Findings ANNEXATION & ZONING ANALYSIS 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 fmd 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 by staff: Please note that items that have been lined with strikethroueh have been changed from the original staff report dated Mav 19, 2005 Items underlined have been added to the report based on the Preliminary Plat dated Julv 29.2005. A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application fora Comprehensive Plan amendment; In Chapter VII of the Comprehensive Plan, `Low density' is defined as areas including single-family homes at densities of three dwelline units or less per acre. The applicant is requesting that all the subject site be zoned R-3 (Rural Medium Density Residential The R-3 district allows for a maximum of three (3 dwelline units per acre (MCC 11-7- 2.B1 The R-3 District is consistent with the Low Density Residential Comprehensive Plan Desi a@n tion• rze /T ,.. no..:; D c.,:~c :~::.1.;. ':'::e D ~ dic::;,t ullc.., : ;. a~~ [ , _. _..~_____ .. ___ __ ___________ TS...........« 41.,. A,...,.: a.. ,. ,.«l. .. _______ __ . L,. ..L........ zw~a .] .. a„, _,....r. __.___.,_._ __.. o«» /:.. 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L ________..__.. ___ _____,,. _._ __..___ «..o .... •L~ .. l..a../ .. _______.____. _.__ ____ ..,.N....1 ~1rlH~, ~ .: A.. _ __ :vn m ~u _.J _~ u «___"~_ n~.uu/ir«: u.j .:. p : o u iiv :ui i.~" L.. FF .- Tl.e 1n> 1..«d......«.. 1...FF r ' A1,...1. 1\ ., hn Sn~ ..o « ......,. l..t ., w L ..F LLo «o,.: A,.« ti..l I,.a.. ,...'F 1 ,. r: : i:: : : ~ vi Tea TL....-..F «,. al...,.... ......« ..«...... l..a,. « «....:.1.. ..,. «..1:..F .... 4....._...:x:,......1 . l . . b . iui T L.. FF ~ 4,. :,.LL..« «,. 1.. «.. ......... ......e.E,..........E, .u. b , .. l,.a «~..:Ao„ti..l ....... .. Ts :,. ..4.. FP .. .. •L..L LL,, hL ..:........ 4L^ ...0..40«.. L....«.1..«.. ,.1.,.. .1.1 L~ ...`.:«: «... « . ,.F 11 nnn ,....., f ,l [.ra .,.~... ....,«......~ ......,. ~_ 1..«..,.« «..«..1 _ '1 . l .... .... .. ..........u. l i iu i .. v..a.,v v'"•«'1.."? .,~i. .:... iu .__a__ _»_.._ v u w: v r: o : au EI Gato Subdivision Exhibit D :~«l.° ,. :..~:..,.....ti,a :.a.,:,... :.. «h:.. ° ° «,. a,.., m°..al °l..-,., .1 ,.1~ a.. ...'1 1 o nnn 1 c nnn b r ~ a yl , • ,. • ° °,.. _ ..4°rr l.a:°..°...1 .., „1° ~rYY^ "o ° r « ...:.1, l.. ., a t... z a n b .••:•~ °.~^ nr rn-nFlnlcLhn-i n t}tiC' itv.'~ Li°~r :••a°.-°..4 u,....°..~.. t. t, . 1 1 ~ a: l F t : . ' J b ° ~ ° ....... N l t t° a .° .. °,.a 1 ,. a .. .. 4° ..«a .. ..:1..1.1....«1...« ..4 1 1 r 1 1 .. ° .« 1 ..t 1.,. 4,. 4 .° «,..+1, .. :,.~,. ....,.a ..t °««:«,. ..« a°«..:a.. 4.. «. ., al.. .« ~ a...Al:« .. ..«:4~ .. The comprehensive plan states on Page 104, Objective D- Plan for appropriate uses within rural areas: `Require new urban density subdivisions which abut or are proximal to existing low density residential land uses to provide landscaped screening or transitional densities with larger, more comparable lot sizes to buffer the interface between urban level densities and rural residential densities. " i« •1.:..:«..t.. «,.....4..FF a°~., «..4 .. «.. «4 41,,..~,.a,.« ....» « a°«..: t.. °t a1.:....:4....«a .. a ..« .. Staff feels that the preliminary plat dated July 29, 2005 more adequately resembles a transitional nature of the anticipated Low Density Area west of Black Cat Road and recommends approval of this design. Staff recommends that the Commission and Council rely on staffs analysis, public testimony received and any comments submitted from any other agencies or departments regarding whether the proposed zone and subsequent development is harmonious with and in accordance with the Comprehensive Plan. B. Is the area included in the zoning amendment intended to be rezoned in the future; Staff does not anticipate that the applicant intends to rezone the subject property in the future. However, the City Council is considering amendments to Title 11 of the Meridian Citv Code that would combine the R-3 and R-2 zoning districts. Staff has added a condition to the Development Aereement statine that the applicant is in a~eement with this future zone chance. (This rezone will have no impact to the ~roperty owners the EI Gato lots as proposed will meet the dimensional standards for the amended R-2 district as proposed in the Unified Development Codel. 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; Staff finds that single-family residential uses are allowed within the requested zoning district of R-3(Rural Medium Densitv Residential) R a: T ~-° T'°°°~«. °°°'a~°«1°/ Rural Medium Densitv Residential permits the establishment of residential uses and is designed to protect the integrity of residential development by prohibiting the intrusion of incompatible nonresidential uses. 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 EI Gato Subdivision Exhibit D access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; Staff finds that recent residential developments to the northeast have been approved for development similar to the proposed subdivision, with single-family residences. Development in the area has been limited to sewer capacity. Currently sewer is not available as the Black Cat Sewer Trunk is not active and development is not encouraged until sewer connections can be made as approved by Meridian Public Works. The estimate on the Black Cat trunk coming online is early winter 2005. Ada County parcel grounds designated low density residential; approximately 5 acres per lot dominate the landscape west of Black Cat Road where Castlebrook Subdivision (R-4) and Chesterfield Subdivision (R-8) to the east of Black Cat Road are both single-family developments with residential densities between 3.0 dwelling units per acre (Castlebrook) and 4.63 dwelling units per acre (Chesterfield). Based on the ACHD Long Range 2030 proposal, Black Cat Road is anticipated to eventually be a 3-lane roadway abutting this site. However, Black Cat 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. Local Streets El Gato Lane and W. Pine Lane are ACHD rights-of--way. ACHD and the City of Meridian will require the proposed Liger Court to take access to El Gato Lane. El Gato Lane lines up with El Gato Lane to the east of Black Cat Road. El Gato Lane is a 50' public right-of--way platted under Sky-View Ranchettes No 1 and maintained by ACHD. ACRD has made the following comments: "There is 110 feet of right-of-way (60 feet far EZ Gato and 50 feet for Pine) abutting the north property line of the site. On the east side of the roadway, El Gato has been constructed to serve Castlebrook Subdivision and improvements for the north side of El Gato are in place. These streets intersecting Black Cat Road are required to align, centerline to centerline. The applicant has sufficient right-of--way to construct the street within the 50 foot right-of-way corridor that is needed for the alignment. The applicant will have additional right-of-way from Pine Lane abutting the north property line because the road will be shifted slightly to the north. This right-of--way area can be landscaped, with a license agreement. This reguirement will eliminate the two roadways that currently intersect Black Cat Road on the east side, and will combine the entrance as a single roadway at EZ Gato. The applicant should provide a connection for Pine Lane to connect to EZ Gato west of the site. " ACHD has indicated that W. Pine Lane is a fee simple roadway and holds deeds to 50' of right-of--way from the western property edge to Black Cat Road. Pine Lane is a privately maintained right-of--way. According to ACRD Pine Lane is 50' of public right-of--way that ACHD does not maintain. ACHD has made a condition that the applicant shall landscape the 50' of right-of--way (currently Pine Lane) providing one access point for Liger Court to El Gato Lane which then will provide connection to Black Cat Road. The City of Meridian shall require the 50' landscape buffer to be included with the landscape plan as per MCC 12-13. The improvements would be considered off-site by the plat but it would not be offsite if determined as part of the annexation request. The annexation finding would need to be made that this project is in the best interests of the city, however EI Gato Subdivision Exhibit D the presence of Pine Lane would dictate making landscaping improvements to shift local traffic from Pine Lane to El Gato (see Annexation and Zoning Finding L). 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; Staff finds that the requested zoning and proposed density is anoropriate to slightly '-~~~ the anticipated range for a low density urban project. Based on the Comprehensive Plan, staff believes that the existing county parcels in the area (south and north and east) will redevelop with similar or lower densities in the near future. Staff 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. Staff does not anticipate that all of the five acre parcels in Sky-view Ranchettes Subdivision #1 will redevelop and allowances for some parcels to be maintained with larger areas should be considered. The proposal does not meet the standards of MCC 12-13-16-2 Residential Subdivision Open Space which states that "common space shall equal or exceed 5% of the gross land area of the subdivision. This requirement shall apply to all single family residential subdivisions of 5 acres or more." The preliminary plat dated 7/22/05 added 2 open space lots which aUnroximate 4.77% of the site as open space. The site is extremely close to the required five percent open space. Furthermore, staff feels that the required five percent will be met when the applicant redraws the ri is of way on Liger Court and Beneal Street as conditioned in this report. areas~lt:t:.. ._a...., n.,.:_ -r~.,._,... ,.«r.o.. ,...o..., o t,.«., :..,.t..aoa ...:tw ~~ The existing character of the area will, and is, currently changing, especially upon build- out of the proposed project and other similar subdivisions in the general vicinity. However, staff does not find that the proposed zoning/uses will adversely change the essential character of area. Staff recommends that the Commission and Ccuncil rely on staffls analysis, public testimony received and any comments submitted from any other agencies or deparhnents regarding whether this property should be annexed as proposed. F. Will the proposed uses not be hazardous- or disturbing to existing or future neighboring uses; Staff 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. Access to Black Cat Road shall be taken to El Gato Lane and subsequently to West Pine Ave Improvements must be made accordingly to El Gato Lane to shift local traffic from a publicly non-maintained right-of-way to a maintained street. This change could be considered disturbing to residents using E1 Gato Lane for access to Black Cat Road. However, as per ACHD's condition, traffic from Pine Lane should be moved to El Gato. E! Gato Subdivision Exhibit D Th° ,.,.«.«...« l,.a 1:..~,.,] ... T ,.T 1 41..,.1.1 ...al «,.,..: .. F ~ ~:.,.~ ~... D....u ......................._......, _,.,. _ _....~... .......,y»..~ ~~..~...6 .., .,.i,....,. .. °«., ".,. ~.._a°--. _^.°,« r..,..« _,.~:.,..«"°' -.,...° The Purdam Drain is a steep banked and potentially hazardous waterway which should be fenced in such a manner as to be non- combustible and impede all pedestrian access to the Purdam Drain. The Commission and Council should rely on any public testimony (oral and written) when determining whether or not the proposed zoning and subsequent uses will be disturbing or hazardous to 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; The applicant will be responsible for the extension of utilities to and through 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 Apri127, 2005, the ACHD Commission acted on the subject applications. The ACHD is recommending approval of this development with site specific and standard conditions (please see Agency Comments and Conditions at the end of this report). On April 29, 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/departrnents, staff finds that the public services listed above can be made available to accommodate 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 project. H. Will not create excessive additional requirements at public cost far public facilities and services and will not be detrimental to the economic welfare of the community; If approved, the developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fue, police and school facilities and services. Staff 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, activifies, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the E1 Gato Subdivision Exhibit D general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff 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. ACRD projects this development will generate 160 additional vehicle trips per day based on the preliminary plat submitted 2/15/05. Staff 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. Staff 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 properly which shall be so designed as not to create an interference with traffic on surrounding public streets; The applicant is proposing to construct one public street into the site from West Pine Ave through El Gato Lane, which will connect with Black Cat Road, a minor collector. ACRD is supportive of the proposed approach (Eiger Court) location on W. Pine Ave. The applicant shall provide the stub street to the west which is listed as Bengal Street. Staff believes that the extension of Eiger Court to W. Pine Lane to the west will allow better traffic circulation for this area. EI Gato Lane is unimproved right-of-way and should be vacated by ACRD or landscaped as requested by ACRD at the developer's expense under a license agreement. The landscaping should be designed in a manner to shift all traffic from EI Gato Lane to W. Pine Ave. If the Eiger Court is 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. I{, 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. The Purdam Drain and the Oregon Shortline Railroad right-of--ways provide significant wildlife habitat for pheasants, quail and other game bird species as detailed in several letters of correspondence. Fencing the Purdam Drain along the southern boundary of the proposal should provide wildlife and open areas adequate protection from residential uses. Staff 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. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a nataral or scenic feature(s) of major importance of which staff is unaware. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592,11-17-1992)? EI Gato Subdivision Exhibit D 1 Tl.o 1,.4 .. ..C ....4A:..: ,.:,.«~ .. ,.F Dl....b /'..t D,...A ..1.,. ..lA ..Aho«o 4,. H.~ T ..... e5ldenti0l dBSi x. l~enSit -p n ti0n r rdl f tl d Ch t l l i y c g a ega @5as 3@~BrHi3g- e53 ..:...... .......lA ««...: d.. F ...,... -,...:Ao..k.. «o..« 1..«..o ..:.,oA on4n4. gna lv;'. B- arge~ O . ..4..1,. «.. «..1 «,.,.: A,.«4:..1 u.c.vo r.vu.v r.v..uv a.. rr va .va.u .....1 ...„,...:,lo .. 1_0440« t«..«..:4:..« F«,.«. D O ,1,.«..:4:..,.......4 , ,.F DI,...l. l...4 D....,1 ...:41. 41.......:..4:«.. «1,.4toA «o..:Ao«4:..1 1..4.. ,.F Cl... V:,.... D..«,.L...w,.,. AT ,. 1 O«l.,]b.:..:,.« u........~.ab Y .] 1.., Al~TSTI Tl.o «,...,] ..0..4:..« G,..« T :....« ...,.......,, .,....., uv ~.. vu.v .,u..., uu ..,KN.... ..~~ ~ '~e Eallt ~ ,.F CO/ F 1.1,. '41.:« 41.,. , T/9~P3eQDI~ OIJGIf SF1a GG~Y2GIlII1TIIG Staff 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 ~]F ° .,4e« ..« :« a,.«,.:«.:. ,.«..«4,.aT Staff does not recommend lot sizes that would be invasive to the properties to the north and west of the subject property but the lot sizes should be transitional in nature and allow additional low density residential uses to expand to the west at the owners discretion. Subdivisions of medium density have already been approved for development to the east and this is a logical expansion of the City limits from medium density to low density residential uses. In accordance with the findings listed above, staff finds that annexation/zonine of this property would be in the best interest of the Citv. PRELIMINARY PLAT ANALYSIS Sections 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; Staff finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan.... .......... ..... r..,r,.,.,.,.. ,..,..~:.~„ .on:«,...«:4.. «e« ..,.«o i,.«,.....~ O e Ao«..:qo.. 4,. Ao..ol..« ,.1 ......« 4.. 1 A.....11:«.. ..«:4.. u.wuo.v.. v... vi vY..u oYuw w uaav vrc •~ The proposed density of approximately two dwelline units ner acre (erossl is within the expected ranee for a Low Density Residential area. Please see Annexation and Zoning Analysis "A". B. The availability of public services to accommodate the proposed development; EI Gato Subdivision Exhibit D Staff 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; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e.-police, fire, ACHD, etc.) to determine this finding. (See finding "G" under Annexation and Zoning Analysis above, and the Agency Comments and Conditions at the end of this report for more detail.) E. The other health, safety or environmental problems that may be brought to the Commission's attention. Staff is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACRD considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that maybe presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. PRELIMINARY PLAT SPECIAL CONSIDERATIONS Public Streets and Access: Connectivity (Lieer courtl: Liger Court is also shown as a connection to W Pine Ave. The applicant shall extend Liger court to W Pine Ave under the conditioning of ACRD. The applicant shall construct the stub street to the west (Bengal Street) NOTE 2: At the April27, 2005, ACRD Commission meeting, the District required the applicant to construct Liger Court to El Gato Lane and connect with W. Pine Ave (see ACHD conditions of approval). Vacation (southern ROVI~: The applicant shall submit an application to the City of Meridian for vacation of the Right of Wav south of the project site. MCC 12-10 and ACHD require all vacations to have a recommendation to the appropriate aeency. See Site Specific Condition #6 EI Gato Subdivision Exhibit D I Blaclt Cat Road: The aprolicant has submitted a leeal descrirotion showing ownershiro to the centerline of the road on Black Cat Road a rninor arterial The preliminary rolat shall include the entire right-of--way to be donated to ACRD (48 feet) The plat shows a 23-foot wide lot for future right-of-wav. See ACHD Site Snecific Condition #1 2. Landscaroin¢: Staff is generally supportive of the proposed landscaping design with the following considerations: fencing should be included on the north border of the Purdam Drain, and Pine Lane landscaping shall be designed according to MCC 12-13 Landscaping and maintained by the home owners association. See Site Specific Condition #7 below. Open Sap ce: MCC 12-13-16 requires five percent of open space to be set aside for subdivisions of at least five acres in size. "'''- .,.,.,1 :......... ..............~ .. .~^.~ r....,...«.u...- 4.. 41.0 «t..4 «,.4,.\ /t n oo%\ ..F 4l.e ..:ko F «,.«o.... .. T.f.-..4 ..r Fl.:..., ~ b Y /l ..4 41... {]...«4 u«4... :«4.. 41.u .tovot~«w.~«4 ...~:......«4 4n D1n..L (~..4 D._ a .] 1_ t.... m ~ ., -. ..Y vv,v _. ... a....~.. ~... _~....u v_ ~w.mu.vv v/ ..~ n..«.,...... ,-, ., ~>,t tit - r 1._ __ ....:.......... ~'._'_ ,Common open space means land exclusive of street right-of--way and street buffers for Black Cat Road (MCC 12-13-16-3). The aprolicant has added two open sroace lots which aproroximate five percent of the site based on the ~roroosal dated Julv 29 2005 See Site Specific Condition #5 below. 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 Site Specific Condition #7 below. 4. Ditches. Laterals, and Canals Per MCC 12-4-13, 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. Staff is unaware of the official status of the Purdam Drain, it appears to be maintained by Nampa Meridian Irrigation and is of sufficient size to be used and considered a natural feature and not require tiling. See Site Specific Condition #8 below 5. Pressure hrieation: 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 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 #9 below. 6. Existine Residence: The existing residence shall be removed from this site prior to building permit improvements. EI Gato Subdivision Exhibit D CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the matter of a request to Annex and Zone 6.34 acres from RUT to R-3 (Rural Medium Density Residential) AND Preliminary Plat approval for eleven (11) single family residential building lots and three (3) other lots, for El Gato Subdivision, by C2B Development, LLC Case No(s): AZ-OS-012, PP-OS-014 For the City Council Hearing Date of: September 6, 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 6, 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 tesfimony 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-012 / PP-OS-014 -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 are Ben Zumhoff. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibits D 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. 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 July 29, 2005 as shown in Exhibit B, and the Site Specific and Standard Conditions 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-012 / PP-OS-Ol4 -PAGE 2 of 4 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated July 29, 2005 is hereby conditionally approved; and, 2. The Site Specific and Standard Conditions are as shown in Exhibit C. 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 may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Exhibits Exhibit A: Legal Description Exhibit B: Approved Preliminazy Plat (with conditions) Exhibit C: Site Specific and Standazd Conditions Exhibit D: Required Findings By action of the City Council at its regular meeting held on the ~ ~ day of ~~ , 2005. COUNCIL MEMBER SHAUN WARDLE VOTED_~ J~ 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-012 / PP-OS-014 -PAGE 3 of 4 1/ COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED__~~- VOTED GJM.dfc ~ Ci~ ~aldr..Gr:G prcfi bCon->` Attest: `,.~`~~'~' a _ _ ~ ~n ~--- •~ is = B~AL William G. Berg, Jr., ity Jerk = y ,p ~~T 1131 , Copy served upon Applicant, The P1aI'it~y~rli~'~epartment, Public Works Department ~~nmi nm~~ and City Attorney. i. By: ~ Dated: ~~-~~~-~ Ity Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-012 / PP-OS-014 -PAGE 4 of 4 EXHIBIT A EI Gato Subdivision AZ-OS-012 Legal Description PnRC'b1.IJLSC'ItlPOON PvLmuy lJ, tLV,S rnrl.a wl binclccnn\onD I~ntrn rvx. Rnurvoanr fern Dl'scan~riD.v n psn'A ofhrv] IonloJ to Ihxnutllrxasl'/. of tlw soonc~vr/. o[Seyran %,'I'mmvLlp ] N.+nk Hmge I \Ven, babe AlniUian, Ctly of A4vlJan. Ash (hoop', IJOLU, more ygnmulaNy AacrihcA es fullons'. QJd1Al E'NCIY[: al the nmlheul wmm n(ILeunMrasl W of Ilw xowLzusl tA~*sl'/ comer) ol5e.yion n; lTanau Snrnlr plPEtl'JS"VV'en mmcidenl will lLv as lnr nYWeavW~mnLeas~'M1OfWc- Salnn9eJUlan¢'oC]II.IQ(n4, +uulhepyl'/. of TLerux NonL gv°JP'll" 4Vosl yorallel l4 rheimnL Ilnv o1Ne said rwNheas~ !', o[ILeamlLewl'/, nl Suvbnu 4 a dialwuo o(S5. W fm b Ore POINT' Olr RHCINNINf:; I Lune YnnN W']A'45 Wm pamllN u1N Um nssl Ilua olll¢ssrJ nonhug 9. u(Ilm sumhasl V. of NaGOn 9 a Jismnu nf]JO9J fwuo ~M1C onnh line of Ne Orzyou ALon Line Rrilmad siAlrbnFmY; llnrce Nmlh Btl"3641" \Vaseninuddo wrbr IM1x nuM poe o1Jm Ortgon SLon Line pmhmA rlglobf- woy]JU3Lfa~: 'Ihnee Nnrdr gYJAV]" F.uvl paNlel rvIIL ILe x¢q lirsn[We cmd mnhmn'6 oflM1e soulhnsl P, oY xo~lw v o Alsom'e ul ]D.9'1 fup, "flrnrw 9omlr A99 )'A]' [wl pamllel whL ILe nonL Ihrc ol'IM'selAnutlhean'/ n[Jw sorNmul \{ 9( tieelrmr!1 a drsmnve of JJO.J2 feel In ILe POLVT OY OF.GINNLVC. IL. Pagel aLuve AesnibcA cnrlalna S.L oorzx npre or less. IbAellre~widrnmbnLjmlln [met nn,avern ,anJ reamhmu nfrermd brut ofho~Irrgxu4mnL WIX'JS IIml bzmanlL. ess„/.mmn oLC¢non 9lmd Jrc ]"L~ms an (aonrermmM pfl]351]Jl nu~kixg Nesomlrcas~cnnx'r ~~l'SVC1inn94nlL iofaxauoiyJNnN~, Nanyel N'esl. p \aNAL LAHbJ ~ ohs 4~ISfF,prbGipA can „r 0.',arrPlrun - :r46F s~os_F.i..~_N~;gs ha J1POF VOF~(a; J4MlOPDS~~ ''pry+v~vnemltnn lul lpskcYa.mapleeaGncxxWa _ zjanv I=eel ofl EI Gato Subdivision Exhibit A 701 BLACKCAT ROAD ANNEXATION LI;'GAL 1 N 'N rs° 355.22' E1/4 COR SEC 9 ' S89 :i 7 4.3"E PAINT OF CpMMENCEMENT F'pINT OF BEC;INNINC n N w 3 h in ~ ~ O1 ~ I -Annexation Closwe ~ d~. ~ 0 276,267 sq, /I. o 0 8.34 acres o > rn ti U U m S ~ Nb8'25'21 "W cy eE "FO42 4 355.27' & `2 5481 ° ORE GON SHORT LINE o a RAILROAD o e i aeJ+o ~, oqY/[ ov `OOp~ SH a $ , ~ieruowrv rueue vmervs aevr EI Gato Subdivision Exhibit A EXHIBIT B El Gato Subdivision PP-OS-014 Preliminary Plat Dated July 29, 2005 M C" ~n _' 9 °z n m ~y ~a r-i n py> d CA 0 ~ r, ^a 'z Ifi, l t 1• ~ ,q I ~~ ~ j ' ~ ~ I ~ i ~' i I~~ a~ =7` ~ ~ i ~ N I ~ I ~ j .- u .~ ~ ~ CgyGEF MiW GEMENI OgOIIp EL 04ID W2Ort9910N ~ ~ ~~ j ~ PFELIMINAkY PLAT ~ 4 ~ ~s~~~ ~ ,.. .,, .;p _..__ L' - II .. EXIIHiIT C El Gato Subdivision AZ-OS-012, PP-OS-014 Conditions of Approval (With deleflons and additions in strikeout/underline) 1. This Staff Report is based upon the preliminary plat prepared by W&H Pacific on J~ 29. 2005 ~~a~y--1~0~ and is approved with the conditions listed herein. All comments/conditions of the annexation and zoning (AZ-OS-012) application shall also be considered conditions of the Preliminary Plat (PP-OS-014). 2. Construct Liger Court to the north right-of--way line to tie in with the amended alignrnent of the W. Pine Ave right-of--way. 3. the-le~~v densitjFreside 'ial-nesigna~ l~ss~~3--d~ellit3g--u;~ils-pe~c-re. 'Fhe «.: «:......... «..,.:,1..«•:..~ ,20....:... ..1...11 l,o ,...1,...1..FoA 1,.. •l.o «....,1.e« ..F 1..«., 1..: •1... ,.....«..11 ....,,,,,. N.,..., ~..,.,...... ~ u ....«,....... •l...a :«..L.A.,.. ..«b.. ......:Ao«t:..l l,.t.. «o,...:«oA 1..«A..,...«o L.. FFo.-.. .... «..,...:.-~A 1... u... ubv ~ ..... ..........w v u~ M!'!' 11 11 :«to.«..1 «:,.1.t ,.F ......... ,.«A .... e..l.lo ,.«~«..«...,.. > e 4. A detailed fencing plan shall be submitted upon application of the final plat. If permanent fencing is not provided around the perimeter, temporary construction fencing to contain debris must be installed prior to issuance of building permits. All fences shall taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing shall be installed in accordance with MCC 12-4-10 5. Sct usid:, ;° ~ :,f the ~.~1. ° o ..:to F _ ..-o..,.lo ,, e e «...,. Based on the revised plat dated July 29, 2005 all areas approved as open space shall be free of wet ponds or other such nuisances. All storm water detention facilities incorporated into the approved open space are subiectto MCC 12-13-14 and shall be fully veeetated with grass and trees._Sand gavel or other non-ve¢etated 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 landsca tie plan and where staff has reviewed such plan, the landscapine shall be consistent with the preliminary plan with modifications as proposed by staff. If the storm water 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 losint? a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other reeulatory requirements at the time of final construction. 6. Prior to final plat approval by City Council, vacate the unopened right-of--way along the southern 20 feet of the property as per ACHD conditions of approval. The applicant shall submit an application to the Citv of Meridian for vacation in compliance with MCC 12-10-1 of the southem portion to be included with proposed Lots 7 and 8 of Block 1 of the preliminary plat dated July 29. 2005. ACHD shall vacate the right-of-wav prior to final plat approval. The submitted landscape plan prepared by Good Earth Landscape, dated 2-11-OS is approved as submitted, with the following notes/modifications: EI Gato Subdivision Exhibit C • 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). Coordinate a tree protection/mitigation plan with Elroy Huff at the Meridian Parks Department. • Landscape a minimum 50-foot wide buffer in the existing Pine Lane right-of--way and execute the required license agreement with ACRD. The landscape buffer along El Gato Lane shall be planted with trees and shrubs, lawn, or other vegetative groundcover, with a minimum density of one tree per thirty-five linear feet, as proposed. Said landscape buffer shall be located beyond the required future street right-of-way, as proposed. • Depict a minimum of 5' sidewalk in the Black Cat Right-of--way as required by ACRD Conditions of Approval. • All street trees located in the parkway shall be consistent with the street buffer requirements of MCC 12-13. The approved landscape plan is not to be altered without prior written approval of the Planning & Zoning Department. The Purdam Drain shall be fenced appropriately with asix-foot tall non-combustible material and maintained free of noxious materials. Underground year-round pressurized irrigation must be provided to all lots within this development (MCC 12-5-2.N). 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 shall 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 shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. If the system is to remain private, a draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. 10. Maintenance of all common area lots shall be the responsibility of the El Gato Homeowners' Association. 11. Sidewalks within the proposed subdivision shall be built in accordance with MCC12-13- 10-8. The applicant shall provide five-foot detached sidewalks adjacent to Black Cat Road. The applicant shall also provide four-foot wide detached sidewalks adjacent to the internal public streets (with a minimum eight-foot wide planter strip between the sidewalk and the curb), as proposed. 12. Add a note to the face of the final plat stating: "Garage setbacks shall be measured from the property line or the adjacent sidewalk, whichever is more restrictive." 13. Sanitary sewer service to this site is being proposed from the future extension of the Black Cat Trunk line. The applicant will be responsible to construct sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. Cover over sanitary sewer mains shall be no less than 3-feet from finish grade to the top of the EI Gato Subdivision Exhibit C pipe. If cover is less than 3-feet from the sub-grade to the top of pipe, alternate pipe materials shall be used per the Meridian Public Works Department's Standard Specifications. 14. Domestic water service to this site shall be via extensions from Black Cat Road and provide connections for the property west of the project boundary. The preliminary plat indicates the proposed water main in Pine to be eight-inch, the City of Meridian master water plan requires 12-inch; therefore upsizing of the main in Pine shall be required. The applicant shall be responsible to construct water rnains 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. 15. The landscape plan dated 2/15/2005 shows trees planted on each lot line. Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 16. Direct lot access to Black Cat Road is prohibited. A note shall be placed on the final plat restricting access to Black Cat Road. 17. No variances, exceptions or reductions to the City adopted dimensional standards or uses are approved with this preliminary plat application. Unless otherwise approved, all minimum lot sizes, structure setbacks, street frontage, and house size requirements of the R-3 R-4 zone shall be maintained. 18. A covenant shall be recorded for each lot within El Gato Subdivision stating that the owner of the lot shall be resnonsible for maintenance of the drainaee Swale located on ACHD Ri¢lrt-of-wav frontine on the lot. 19. The existine house shall be removed nrior to the Citv Engineer's signature on the final plat. 20. Revise the detail of the road side Swale, to show ribbon curb instead of the rolled curb that is shown. 21. Any existing domestic wells and/or sentic systerns, and appurtenances, within this ~roiect will have to be removed from their domestic service per Citv Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic nurooses such as landscape irri atg ion. STANDARD CONDITIONS OF APPROVAL (PRELIlVIINARY PLAT) 1. All grading of the site shall be performed in conformance with MCC 11-12-3H. 2. Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to MCC 12-13-10-8. 3. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. El Gato Subdivision Exhibit C 4. Street signs to be in place, water system shall be approved and activated, fencing shall be installed, drainage lots constructed, road base shall be approved by the Ada County Highway District, and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 5. 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. 6. A detailed landscape and fencing 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. 7. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 8. Two-hundred-fifty and 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. 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. 10. Submit any up-dated groundwater/soils monitoring data, as collected and analyzed by a soils scientist, to the Public Works Department for review. 11. The applicant shall coordinate mailbox locations with the Meridian Post Office. 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. 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. 14. The 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. 15. Applicant shall be responsible for application and compliance with any Section 404 Pemritting that may be required by the Army Corps of Engineers. 16. Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Enviromnental Protection Agency. El Gato Subdivision Exhibit C 17. Staffs failure to cite specific ordinance provisions or terms of the approved annexation conditional use does not relieve the applicant of responsibility for compliance. 18. Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. AGENCY COMMENTS AND CONDITIONS MERIDIAN FIl2E DEPARTMENT I. 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. lntemational Fire Code Appendix C. 2. Acceptance of the water supply for fire protection will be by the Meridian Water 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 %" 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 pemuts. f Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be placed 18" above finish grade. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn azound. 5. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 6. All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. Said common driveway shall have a minimum GVW of 70,000 lbs. No pazking signs shall be installed on any common driveway that doubles as a fire lane. Coordinate the location of the required signage with the Meridian Fire Department. 7. Dead-end fire apparatus access roads in that are 500'-750' in length. The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 26' wide. Streets with less than a 35' street width shall have no parking. Streets with less than 39' shall have parking only on one side. These measurements shall be based on the face of curb dimension. Special approval required over 750' IFC Table DI03.4. 8. For all public streets containing landscape islands, paint the curb red and provide signage "No Parking Fire Lane". Operational fue hydrants, temporary or permanent street signs and access roads with ari all weather surface are required before combustible constmction is brought on site. El Gato Subdivision Exhibit C 10. The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. 11. The proposed 17-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 52 residents at build out. 12. 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. MERIDIAN PARKS DEPARTMENT 1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance will be followed. 2. Standard Plan for Protection of Existing Trees during Construction: The standazd established in the City of Meridian Landscape Ordinance will be followed. ADA COUNTYHIGHWAYDISTRICT 1. The applicant shall do one of the following: a. Dedicate by donation a total of 48-feet ofright-of--way along Black Cat Road, and construct a minimum 5-foot wide concrete sidewalk along Black Cat Road, located a minimum of 41-feet from the centerline of the right-of--way. b. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along Black Cat Road, located a minimum of 41-feet from the centerline of the right-of--way, in an easement provided to the District. c. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along Black Cat Road, located at the back edge of the existing right-of--way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Construct Pine Lane/El Gato abutfing the site so that when the street is fully constructed (north and south sides), the street will align with El Gato on the east side of Black Cat Road. These streets intersecting Black Cat Road are required to align, centerline to centerline. Construct the street as one-half of a 36-foot street section, with a minimum of 24-feet of pavement, within the 50-foot right-of--way corridor that is needed for the alignment. Curb, gutter and 5-foot wide concrete sidewalk is required on the south side of the road. The additional Pine Lane right-of--way (south of the road) maybe landscaped, with a license agreement. This requirement will eliminate the two roadways that currently intersect Black Cat Road on the east side, and will combine the entrance as a single roadway at El Gato. Provide a connection for Pine Street to intersect El Gato at the west property line. 3. The street layout is approved as proposed. EI Gato Subdivision ExhibitC . 4. The internal streets shall be constructed as 36-foot street sections with curb, gutter and 5- footwide concrete sidewalks within 50-feet ofright-of--way. If the applicant chooses to pursue the alternative street section, then the applicant should provide the District with information indicating that this subdivision meets the criteria. 5. Bengal Street shall be constructed as a stub street to the west property line, as proposed. Install a sign at the terminus of the roadway that states "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 6. Turnarounds shall be constructed to provide a minimum turning radius of 45-feet. 7. Vacate the unopened right-of--way abutting the south property line, prior to final plat approval. The vacation should be completed by the applicant prior to final plat approval, and can take four to six months to process. 8. Any existing irrigation facilities shall be relocated outside of the right-of--way of Black Cat Road or El Gato Lane. 9. Comply with all Standard Conditions of Approval. ACRD Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of--way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that maybe 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 no[ 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 constmction 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. EI Gato Subdivision Exhibit C 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 Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of- way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call 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. 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 roles, 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 propertyunless awaiver/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. EI Gato Subdivision Exhibit C l EXHIBIT D El Gato Subdivision AZ-OS-012, PP-OS-014 Required Findings ANNEXATION & ZONING ANALYSIS 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 fmd 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 by staff: Please note that items that have been lined with strikethrough have been changed from the orieinal staff report dated May 19. 2005 Items underlined have been added to the report based on the Preliminary Plat dated Julv 29, 2005. 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; In Chapter VII of the Comprehensive Plan, `Low density' is defined as areas including single-family homes at densities of three dwellinir units or less per acre. The applicant is requesting that all the subject site be zoned R-3 (Rural Medium Density Residential). Desi nag tion. c1 _..« !A\ A.....I1:«.. ..«t: a.. -. ,. /T.rtnnll '1 't !~\ nlal_......1. 41... ....F..a .. ~~~ FtcSigHat19n~3r9}kgYl~fie `..a,.._ ..11 ............. .. ..:.1,_«F:..I .. ..41...« ..:n,.«.:..1 .1..«..:t:.... ...:11 t.o ....«..:,10.-..,] ._.:41,...4 «a,...: «:«,. .. (~..a.««..1.......:_... nl..« .......«.1«..._.4 TI,....o..e« 41.0 ,1......:ti. ,. ....1_. 1.,. ..1...«....,1 .. [[..a,.«~~ /:.. 1..._. 4..... ~.1:...« «..a I..._. 4,. L.:..1. oM \ Tl.~ -.«,._.....,.A «....:.1..«ti..l A..«,.: a.. F.... al.:....: a,.:,. 7 On .... ...1._...Il «.. ..«:4.. «..« ....1....l..ton 1._. R... ..:.«1:......t .._ 17 ..... a,. .. o.. c on ..,.«.... Tl... ..««1:....«t L..... .,..1.«.dtoA .. :« A:,... t:«.. Fl,o . .o«t_. 4,. l.o G G1 .. ._;1.:..1. ...,...lA ....1....l..Fe .. ,..-,...., do«..a_. ,.F ~ nQ ,1._.011:«.. ..«a.. «o. ..,.«o :« ,.,.«Fl:,.t ._.a6 ll.o ..«:4., a., al.....,.«o :F «,_l.F ,.C ........ .«A «e,...: «oA ..«e« ..«..,.o .. ..1....1 .. q,.«....«o «o«.,...on A-,.«. hl... «...wl. «,...,1._ .._, .....1 al... '1G> 1. .«.1,........0 1... FF .. ,.« Ol....l. l~..a D,...n .. «...1 /1..4 1 EI Gato Subdivision Exhibit D TL. !+ ..1. .. ,. Dl..« A«o....l l,... ..te« : .. Ao...-o ..:Ao«4:..1 .. Y t" ' L. ,1' 1. I'~ 1. .. ,. D1..« C~:.«:1..« ,lo«..: t.. ,.F ,10..01«««.e«t 1..,.. ,. 1, 1.A:..:,.:..« :« tl.:.... ,... t..A.... /h....tloh«..,.4 ~ «..le F «.;L, l..t.. O nnn b ~ • a 1 G nnn F \ A ..t.. FC 4A:o..o., tt,.a «l..t ...;t6 le ~ 41.oh ] .l' tl.,. ,.t ..F tl.o ..:t,. «.1 ..:1..L.lo ..1... ~t..lo ..lo F «.:I.. l..t ,.«ti.. The comprehensive plan states on Page 104, Objective D- Plan for appropriate uses within rural areas: "Require new urban density subdivisions which abut or are proximal to existing low density residential land uses to provide landscaped screening or transitional densities with Zarger, more comparable lot sizes to buffer the interface between urban level densities and rural residential densities. " ,> ' Staff feels that the preliminary plat dated July 29, 2005 more adequately resembles a transitional nature of the anticipated Low Density Area west of Black Cat Road and recommends approval of this design. Staff recommends that the Commission and Council rely on staff's analysis, public testimony received and any comments submitted from any other agencies or departments regarding whether the proposed zone and subsequent development is harmonious with and in accordance with the Comprehensive Plan. B. Is the area included in the zoning amendment intended to be rezoned in the future; Staff does not anticipate that the applicant intends to rezone the subject property in the future. However the City Council is considering amendments to Title 11 of the Meridian City Code that would combine the R-3 and R-2 zonine districts. Staff has added a condition to the Development Agreement stating that the applicant is in aereement with this future zone chance (This rezone will have no impact to the property owners: the El Gato lots as nronosed will meet the dimensional standards for the amended R-2 district as roposed in the Unified Development Code 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; Staff finds that single-family residential uses are allowed within the requested zoning district of R-3(Rural Medium Density Residential) D A r ,... no«,.a., D....:d..«t:.., Rural Medium Density Residential permits the establishment of residential uses and is designed to protect the integrity of residential development by prohibiting the intrusion of incompatible nonresidential uses. 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 EI Gato Subdivision Exhibit D (~ ~ access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; Staff finds that recent residential developments to the northeast have been approved for development similar to the proposed subdivision, with single-family residences. Development in the area has been limited to sewer capacity. Currently sewer is not available as the Black Cat Sewer Trunk is not active and development is not encouraged until sewer connections can be made as approved by Meridian Public Works. The estimate on the Black Cat trttrtlc coming online is early winter 2005. Ada County parcel grounds designated low density residential; approximately 5 acres per lot dominate the landscape west of Black Cat Road where Castlebrook Subdivision (R-4) and Chesterfield Subdivision (R-8) to the east of Black Cat Road are both single-family developments with residential densities between 3.0 dwelling units per acre (Castlebrook) and 4.63 dwelling units per acre (Chesterfield). Based on the ACHD Long Range 2030 proposal, Black Cat Road is anticipated to eventually be a 3-lane roadway abutting this site. However, Black Cat 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. Local Streets El Gato Lane and W. Pine Lane are ACHD rights-of--way. ACHD and the City of Meridian will require the proposed Liger Court to take access to El Gato Lane. EI Gato Lane lines up with El Gato Lane to the east of Black Cat Road. El Gato Lane is a 50' public right-of--way platted under Sky-View Ranchettes No 1 and maintained by ACHD. ACHD has made the following comments: "There is 110 feet of right-of-way (60 feet far EZ Gato and 50 feetfor Pine) abutting the north property line of the site. On the east side of the roadway, El Gato has been constructed to serve Castlebrook Subdivision and improvements for the north side of El Gato are in place. These streets intersecting Black Cat Road are required to align, centerline to centerline. The applicant has sufficient right-of--way to construct the street within the SO foot right-of-way corridor that is needed for the alignment. The applicant will have additional right-of--way from Pine Lane abutting the north property line because the road will be shifted slightly to the north. This right-of-way area can be landscaped, with a license agreement. This requirement will eliminate the two roadways that currently intersect Black Cat Road on the east side, and will combine the entrance as a single roadway at EZ Gato. The applicant should provide a connection for Pine Lane to connect to EZ Gato west of the site. " ACRD has indicated that W. Pine Lane is a fee simple roadway and holds deeds to 50' of right-of--way from the western property edge to Black Cat Road. Pine Lane is a privately maintained right-of--way. According to ACHD Pine Lane is 50' of public right-of-way that ACRD does not maintain. ACHD has made a condition that the applicant shall landscape the 50' of right-of--way (currently Pine Lane) providing one access point for Liger Court to El Gato Lane which then will provide connection to Black Cat Road. The City of Meridian shall require the 50' landscape buffer to be included with the landscape plan as per MCC 12-13. The improvements would be considered off-site by the plat but it would not be offsite if determined as part of the annexation request. The annexation finding would need to be made that this project is in the best interests of the city, however EI Gato Subdivision Exhibit D the presence of Pine Lane would dictate making landscaping improvements to shift local traffic from Pine Lane to El Gato (see Annexation and Zoning Finding L). 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; Staff finds that the requested zoning and proposed density is annronriate to s,: '~~~ the anticipated range for a low density urban project. Based on the Comprehensive Plan, staff believes that the existing county parcels in the area (south and north and east) will redevelop with similar or lower densities in the near future. Staff 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. Staff does not anticipate that all of the five acre parcels in Sky-view Ranchettes Subdivision #1 will redevelop and allowances for some parcels to be maintained with larger areas should be considered. The proposal does not meet the standards of MCC 12-13-16-2 Residential Subdivision Open Space which states that "common space shall equal or exceed 5% of the gross land area of the subdivision. This requirement shall apply to all single family residential subdivisions of 5 acres or more." The preliminary plat dated 7/22/05 added 2 open space lots which ayproximate 4.77% of the site as open space. The site is extremely close to the required five percent open space. Furthermore, staff feels that the required five percent will be met when the applicant redraws the rights of way on Lieer Court and Beneal Street as conditioned in this report. "'''-° °°°'~°°°« ~.......,.« ....,...:aoa ....o..w~o ,...o.. The existing character of the area will, and is, currently changing, especially upon build- out of the proposed project and other similar subdivisions in the general vicinity. However, staff does not find that the proposed zoning/uses will adversely change the essential character of area. Staff recommends that the Commission and Council rely on staff's analysis, public testimony received and any comments submitted from any other agencies or departments regarding whether this property should be annexed as proposed. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; Staff 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. Access to Black Cat Road shall be taken to El Gato Lane and subsequently to West Pine Ave Improvements must be made accordingly to El Gato Lane to shift local traffic from a publicly non-maintained right-of-way to a maintained street. This change could be considered disturbing to residents using El Gato Lane for access to Black Cat Road. However, as per ACHD's condition, traffic from Pine Lane should be moved to El Gato. EI Gato Subdivision Exhibit D TL........«.«..« 1,.~ 1:..ti..A .... T ..~ 1 D1,...I. 1 ..dil «,. F..«,.:«.. ~,... «..4,. Dl..,.l n~4 D....A The Purdam Drain is a steep banked and potentially hazardous waterway which should be fenced in such a manner as to be non- combustible and impede all pedestrian access to the Purdam Drain. The Commission and Council should rely on any public testimony (oral and written) when determining whether or not the proposed zoning and subsequent uses will be disturbing or hazardous to 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; The applicant will be responsible for the extension of utilities to and through 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 Apri127, 2005, the ACIID Commission acted on the subject applications. The ACHC is recommending approval of this development with site specific and standard conditions (please see Agency Comments and Conditions at the end of this report). On Apri129, 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, staff finds that the public services listed above can be made available to accommodate 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 project. 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. The primary public costs to serve the future residents will be fire, police and school facilities and services. Staff 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 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 El Gato Subdivision Exhibit D general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff 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. ACRD projects this development will generate 160 additional vehicle trips per day based on the preliminary plat submitted 2/15/05. Staff 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. Staff 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; The applicant is proposing to construct one public street into the site from West Pine Ave through El Gato Lane, which will connect with Black Cat Road, a minor collector. ACRD is supportive of the proposed approach (Eiger Court) location on W. Pine Ave. The applicant shall provide the stub street to the west which is listed as Bengal Street. Staff believes that the extension of Eiger Court to W. Pine Lane to the west will allow better traffic circulation for this area. El Gato Lane is unimproved right-of--way and should be vacated by ACHD or landscaped as requested by ACRD at the developer's expense under a license agreement. The landscaping should be designed in a manner to shift all traffic from El Gato Lane to W. Pine Ave. If the Eiger Court is 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. The Purdam Drain and the Oregon Shortline Railroad right-of--ways provide significant wildlife habitat for pheasants, quail and other game bird species as detailed in several letters of correspondence. Fencing the Purdam Drain along the southern boundary of the proposal should provide wildlife and open areas adequate protection from residential uses. Staff 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. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592,11-17-1992)? E] Gato Subdivision Exhibit D 1 TN 1 F l.a' FD1 1 !~ n a 1, la ..at...«., h.. 41.o T,.... . Tl n 'a 1 a ..h:..« ..o......al,..... ,.F 4L.,~ ..,.«;«.. an..: ,..,n4:..-. Tl... 1..«..o.. 1,.4 ' la 'a F ..:a,«4.. L.«.... ,. ,ea o..hnhn ..4..10 «..1 ,.Uo..4:,.1 r a 'a I. ..'ti,.« F.-..... D O .1......:h:..., o....t , .F Dl..nl. ('..4 D,...a ...:hL. t, 1 a «,...:a,..4:a 1,.4.. ,.F ev., v:o... nn,.nt,ehha.,~T ,. 1 a.t.a:..:.,:,... b Y ~ 7 T1. I' 1. 11 ..:,],. hl..a «o,. «,.a 1..«a.,,...«:«,. 1...FF «.. h....1-:11 .,..1.:....1..« 4....FF:,. rr r G -- D' T Cl !' T «,.a 1... A!'TTrI Tl.o «,. . _,...a ..nn4: n.. F...-. T:..,... ~ !~ l- 11 a a Dl l~..h.. T ., a «ao« hl.,. «o «ea ..4«n uh ..on4:oa`n~ ..,a 1... A r'Tl l l ~~ T1. 1' M 11 "a,. .. ,.F GO/ ..F , o..l.le 1 «~ ..:41.:« hl.,. n a slivisierr p Staff fmds 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 fands. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan era a c:cr ::r ?a a _W'h.~ '.r ~ :n`°a;. Staff does not recommend lot sizes that would be invasive to the properties to the north and west of the subject property but the lot sizes should be transitional in nature and allow additional low density residential uses to expand to the west at the owners discretion. Subdivisions of medium density have already been approved for development to the east and this is a logical expansion of the City limits from medium density to low density residential uses. In accordance with the findings listed above, staff finds that annexation/zoning of this yronertv would be in the best interest of the City. PRELIlVIINARY PLAT ANALYSIS Sections 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; Staff finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan. 1. 1. a :h.. ,.C'l a.. oll:.. «:h., o F . hl.: ch..CC ..«h:.. .. t,... 41.,. 1 FGO/ F ~ ,. 4....11.....41.0 a,.«n: h:..n 4.. ao..oln« nl..nor_4.- ~ a...,.ll:«.. ..«:h,. 4,. 41~ie-a°°«~ The nronosed density of annroximately two dwelline units ner acre (eross) is within the expected ranee for a Low Density Residential area. Please see Annexation and Zoning Analysis "A". B. The availability of public services to accommodate the proposed development; EI Gato Subdivision Exhibit D l Staff finds that public services are available to accommodate the proposed development. (See fmding "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 fmds that the subdivision will not require the expenditure of capital improvement funds. D. The public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e.-police, fire, ACRD, etc.) to determine this finding. (See fmding "G" under Annexation and Zorring Analysis above, and the Agency Comments and Conditions at the end of this report for more detail.) E. The other health, safety or environmental problems that may be brought to the Commission's attention. Staff is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACRD considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. PRELIIVIINARY PLAT SPECIAL CONSIDERATIONS Public Streets and Access:. Connectivity (Liger court Liger Court is also shown as a connection to W Pine Ave. The applicant shall extend Liger court to W Pine Ave under the conditioning of ACRD. The applicant shall construct the stub street to the west (Bengal Street) NOTE 2: At the April 27, 2005, ACHD Commission meeting, the District required the applicant to construct Liger Court to El Gato Lane and connect with W. Pine Ave (see ACHD conditions of approval). Vacation (southern ROWI: The annlicant shall submit an apylication to the Citv of Meridian for vacation of the 12ight of Wav south of the proiect site. MCC 12-10 and ACHD require all vacations to have a recommendation to the ap~ronriate aeency See Site Specific Condition #6 EI Gato Subdivision Exhibit D Black Cat Road: The applicant has submitted a leeal description showing ownership to the centerline of the road on Black Cat Road, a minor arterial The preliminary plat shall include the entire right-of--way to be donated to ACHD (48 feet) The plat shows a 23-foot wide lot for future right-of-wav See ACHD Site Specific Condition #1 2. Landscaping: Staff is generally supportive of the proposed landscaping design with the following considerations: fencing should be included on the north border of the Purdam Drain, and Pine Lane landscaping shall be designed according to MCC 12-13 Landscaping and maintained by the home owners association. See Site Specific Condition #7 below. Open Space: MCC 12-13-16 requires five percent of open space to be set aside for subdivisions of at least five acres in size. T.".., ....:' .:.....:.:..........., ' . n ~ 0 nt th~frnnt t t !1, a t -,' nt t o n a a t. ,. r ~ a,,..,,..... „_ ..:........ ..... „ •t., n t r ,- z_a• r , Common open space means land exclusive of street right-of-way and street buffers for Black Cat Road (MCC 12-13-16-3). The applicant has added two oven mace lots which approximate five percent of the site based on the proposal dated Julv 29 2005 See Site Specific Condition #5 below. 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 Site Specific Condition #7 below. 4. Ditches. Laterals. and Canals: Per MCC 12-4-13, all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the azea being subdivided shall be tiled. Staff is unaware of the official status of the Purdam Drain, it appears to be maintained by Nampa Meridian Irrigation and is of sufficient size to be used and considered a natural feature and not require tiling. See Site Specific Condition #8 below Pressure hrigation• 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 to signature on the fmal 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 #9 below. 6. Existine Residence: The existing residence shall be removed from this site prior to building permit improvements. EI Gato Subdivision Exhibit D ~ ~~~ / 5 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Devon Park Subdivision, request to construct a 4200 square foot restaurant on Lot 2 Block 3 Devon Park Subdivision No 1. Case No(s). CUP-OS-035 For the City Council Hearing Date of: September 6, 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 6, 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 for approval 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. 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).CUP-OS-035 - PAGE I of 4 verified that the property owner(s) of record at the time of issuance of these findings is Fairview Lakes, LLC. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit C of the attached staff report for the findings required for the 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. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § I1-17-9. 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 Site Plan dated December 20, 2005 as shown in Exhibit A and the Conditions of Approval in Exhibit B of the attached staff report. 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 CUP Site Plan dated December 20, 2005 is hereby conditionally approved; and CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).CUP-OS-035 -PAGE 2 of 4 2. The site specific and standard conditions of approval are as shown in Exhibit B of the attached staff report. D. Notice of Applicable Time Limits 1. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence constmction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For proj ects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17-4.B.) 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 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. B action of the City Council at its regular meeting held on the ~/ ~ day of 2005. COUNCIL MEMBER SHAUN WARDLE VOTED' J~ CITY OF MERiDTAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).CUP-OS-035 -PAGE 3 of 4 COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) Attest: .~`';~~ ~ '~ `~• D ~ ~ A~~ VOTED__~~ VOTED ~~a~ VOTED__~~ VOTED 3e~Veerd-. aGlc ~ Gifu CoWnc'.G /~r~di~,~ ,... ~ _ William G. Berg, Jr., ty _ erk v F r i8T •, \; Copy served upon Applicant, T)'re,~1~'Iq~ohing Department, Public Works Department and City Attorney. By:~U-NA ~~l(1_QJ~U Dated: ~I"~'i-~j City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).CUP-OS-035 -PAGE 4 of 4 l ~ CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 STAFF REPORT TO FROM: SUBJECT Meridian City Council Hearing Date: September 6, 2005 Meridian City Council Joseph Guenther, Associate City Planner r t:IT1' I1F ~{-`~ - p eYl~l~l? v { iusiFO \a,j __ mod. ,`„~ ._-__Ya'Prn'.~s~ a~ Ai ~ts~' ~ t~Sl Michael Cole, Development Services Coordinator Restaurant, Lot 2 Block 3 Devon Park Subdivision No 1 CUP-OS-035 Request for detailed conditional approval for a restaurant in a C-G zone. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Fairview Lakes, LLC., is requesting a detailed conditional approval under the existing Conditional Use Permits for compliance with Planned Development CUP-02-014, CUP-03-014, CUP-03-054 for Devon Park Subdivision (PP-03-006). The subject application includes a request to construct a 4200 squaze foot restaurant on Lot 2 Block 3 Devon Park Subdivision No 1. 2. SUMMARY RECOMMENDATION The Meridian Planning and Zoning Commission heard the item on August 4, 2005. At the public hearing they moved unanhnously to recommend approval with the following changes: add the following condition from the memo dated August 2, 2005: 1.11 The applicant shall submit a revised concept elan for the area east of N. Lakes Avenue. The concept plan shall provide common, usable areas and/or re-orient the buildings to create apedestrian-oriented feature for this development. The conceit plan shall be processed concurrent with the next detailed conditional use application for the area east of N. Lakes Avenue. 3. APPLICATION AND PROPERTY FACTS a. Site Address/Location: The subject site is located within the boundaries of Devon Park Subdivision No 1, on the north side of Fairview Avenue, approximately 300 feet east of North Lakes Place. The site is within Section 06, Township 3 North, Range 1 East. The subject site is listed as Lot 2 Block 3 of Devon Park Subdivision No 1 and subject to the Planned Developments of CUP-02-014 and CUP-03-014 for Fairview Lakes development. b. Property Owner of Record: Fairview Lakes, LLC c. Applicant: Fairview Lakes, LLC d. Representative: Doug Tamura, Tamura and Associates. e. Present Zoning District: C-G f Present Comprehensive Plan Designation: Commercial g. Description of Applicant's Request: The applicant is requesting detailed approval to an approved Planned Development to construct a 4,200 square foot restaurant. 1. Date of CUP site plan (attached as Exhibit Al): December 20, 2004 4. PROCESS FACTS a. The subject application will in fact constitute a conditional use as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 17, a public hearing is required before the Commission and City Council on this matter. b. Newspaper notifications for Commission hearing published on: August 1, 2005 and July 18, CUP-OS-035 Devon Park Subdivision No 1 PAGE I ~ ~ CTTY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 2005 c. Radius notices for Commission hearing mailed to properties within 300 feet on: July 8, 2005 d. Applicant posted the Commission hearing notice on site by: July 25, 2005 e. Planning and Zoning Commission conducted a public hearing on: August 4, 2005. £ Newspaper notifications for Council hearing published on: August 15, 2005 and August 29, 2005 g. Radius notices for Council hearing mailed to properties within 300 feet on: August 12, 2005 h. Applicant posted the Council hearing notice on site by: August 19, 2005 5. LAND USE a. Existing Land Use(s): Vacant b. Description of Character of Surrounding Area: This site is rapidly developing along the lines of the approved commercial subdivision. The properties to the north and east of this site have not yet been developed in the City. Devon Park Subdivision to the west has had detailed conditional use permits approved for commercial uses. c. Adjacent Land Use and Zoning 1. North: Future phase of Devon Park Subdivision Commercial, zoned C-G 2. East: Future phase of Devon Park Subdivision Commercial, zoned C-G 3. South: Single-family lots, zoned R-8 4. West: Devon Park Subdivision Commercial, zoned C-G d. History of Previous Actions: In 2002, the City approved annexation and zoning of 24.89 acres to C-N (Neighborhood Business District), C-G (General Retail and Service Commercial), and R-40 (High Density Residential) for Fairview Lakes Planned Development with file #AZ-02-011 and Conditional Use Permit for a Planned Development (CUP-02-014) approval was also granted in 2002. Under this approval all uses required detailed approval as condifioned. Ixr 2003 the Planned Development was amended to allow 25 small commercial lots (CUP-03-014) and Devon Park Subdivision No 1 received Preliminary Plat approval, PP- 03-006. e. Existing Constraints and Opportunities 1. Public Works: Location of sewer: There is an existing sewer main located in N. Lakes that was installed during Devon Park Subdivision Nol. Location of water: There is an existing water main located in N. Lakes that was installed during Devon Park Subdivision Nol. Issues or concerns: There was no conceptual designed submitted. Applicant shall coordinate main size and routing with Public Works, and comply with all City of Meridian Standard Specifications and Drawings. 2. Vegetation: This site has historically been graded for development. There are no existing trees or plantings on this site. 3. Flood plain: NA CUP-OS-035 Devon Park Subdivision No 1 PAGE 2 ( { CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 4. Canals/Ditches Irrigation: NA 5. Hazards: NA 6. Existing Zoning: C-G 7. Size of Property: 0.84 acres 8. Description of Proposed Use: The applicant is proposing to construct a 4,200 square foot restaurant. f. Landscaping: 1. Width of street buffer(s): 30-foot wide street buffers are proposed along Fairview Avenue. A 10-foot street buffers is proposed along the access point. Fairview Avenue is a major Arterial. 2. Percentage of site as open space (for PP and PD applications):NA 3. Other landscaping standards: MCC 12-13-11 requires landscaping within and around parking lots. The landscaping standards for parking lots should be required with a Certificate of Zoning Compliance permit (see Conditions of Approval in Exhibit B). g. Conditional Use Information: 1. A restaurant/retail in Devon Park/Fairview Lakes requires detailed Planned Development review as required by Condition #1 of Site Specific Conditions of approval CUP-02-014. h. Off-Street Parking (non-residential uses): Parking spaces required: Restaurants/Retail are specifically listed in the Schedule of Parking Space Requirements (MCC 11-13-5). Far uses listed in this section, parking spaces shall be provided at one space per 200 square feet of gross floor azea. The applicant is proposing 39 parking stalls as shown on the site plan submitted with the application. Staff believes that the number of proposed parking stalls should be sufficient to operate the restaurant, but the size, dimension, and landscaping shall be required in more detail upon submission of the certificate of zoning compliance application. 2. Parking spaces proposed: 39 3. Compact spaces proposed: 0 4. Off-site parking proposed: NA 5. Percentage of interior parking as landscaping: With the Certificate of Zoning Compliance application, staff should ensure that the proposed parking lot is improved with landscaping according to MCC (see Conditions of Approval in Exhibit B). 6. COMMENTS MEETING On July 7, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. Several comments were received from multiple departments. Based on the comments received from other agencies/departments, staff finds that the public services required can be made available to accommodate the proposed development. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 7. COMPREIIENSIVE PLAN POLICIES AND GOALS Staff fmds the following Comprehensive Plan Policies and Goals relevant to the subject application: CUP-OS-035 Devon Park Subdivision No l PAGE 3 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 Chapter VII Goal I Obj ective B Action 3. Locate small-scale neighborhood commercial areas within planned residential developments as part of the development plan. Generally, the Mixed Use designation will provide for a combination of compatible land uses that are typically developed under a master or conceptual plan. The mixed use plan was conceived under CUP-02-014 as Fairview Lakes Office Park. Sample Uses are listed as entertainment, clean industry, and major employers. The uses of Restaurant/Retail are similar to the sample uses listed on Page 98 Chapter VII of the Meridian City Comprehensive Plan. S. ZONING ORDINANCE a. Zoning Schedule of Use Control: Meridian City Code 11-8-1, Schedule of Use Control, lists restaurants/retail as permitted uses in a C-G zone. b. Purpose Statement of Zone: (C-G) General Retail and Service Commercial -The purpose of the (C-G) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need oftravel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. c: General Standards: According to MCC 11-17-1, the City should impose any condition(s) deemed necessary to insure compatibility of the development (CUP) with other uses in the vicinity and such additional safeguards as are necessary to uphold the intent of the ordinance. Because single-family residences are planned surrounding the proposed model home display area, staff recommends that the hours of operation be limited to 6 a.m. to 10 p.m. Please see Conditions of Approval in Exhibit B. MCC 11-19-1 states that: `~lo building or other stmcture shall be erected, moved, added to or stmcturally altered, nor shall any building, structure or land be established or changed in use without a certificate of zoning compliance issued by the Administrator. A certificate of zoning compliance shall be issued only in confomuty with the provisions of this Title and shall be required before the issuance of a building permit." Ixr accordance with MCC I 1-19-1, the applicant should be required to submit certificate of zoning compliance (CZC) application(s) for the proposed model homes and parking lot Usually, planning staff requires separate CZC applications for each building or structure. In this instance staff believes that all of the general standards required by ordinance (landscaping, parking lot dimensional standards, setbacks, etc.) can be evaluated with a single CZC application. Please see Conditions of Approval in Exhibit B. 9. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: 1. CUP Application: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning CUP-OS-035 Devon Park Subdivision No 1 PAGE 4 C CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 Ordinance, staff believes that this is a good location for a restaurant. Please see Exhibit C for detailed analysis of facts and findings. b. Staff Recommendation: Staff recommends approval of the subject Planned Development request with the conditions contained in Exhibit B. Staff has prepared findings consistent with this recommendation. c. Planning Commission Recommendation; The Meridian Planning and Zoning Commission heard the item on August 4, 2005. At the public hearing they moved unanimously to recommend approval with the following changes to the Staff Report: Addition of the following condition from the memo dated August 2, 2005: 1.11 The applicant shall submit a revised concept plan for the area east of N. Lakes Avenue. The conceit plan shall urovide common, usable areas and/or re-orient the buildines to create apedestrian- oriented feature for this development. The concept plan shall be processed concurrent with the next detailed conditional use application for the area east of N. Lakes Avenue. 10. PROPOSED MOTIONS Approval I move to approve File Number CUP-OS-035 as presented in staff report dated September 2, 2005 and the site plan dated December 20, 2004 with the following conditions of approval as listed in Exhibit B. Denial I move to deny the request of Devon Park Subdivision, File Numbers CUP-OS-035 for Fairview Lakes LLC and direct staff to prepare findings for denial as defined in the public hearing of September 6, 2005. 11. EXIiIBITS A. Drawings 1. CUP Site Plan titled Fairview Lakes Exhibit (dated: December 20, 2004) B. ConditionspfApproval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Sanitary Service Company C. Required Findings from Zoning Ordinance CUP-OS-035 Devon Park Subdivision No 1 PAGE 5 ~, ~,. CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUEST10N5? CALL (208) 884-5533 A. Drawings CUP Site Plan dated December 20, 2004 R~ , ~ i jj~ i ~ ~ I E N ~i8 F °! !~ P~ ~; ~ i lio ° !~ ~~ liE~ i Iii j ~~,>>,~ ~ ~ ~ ~!~ ` ~~ u' s 4~ ~i<~ (?I•H ~- F ~-~I ~ 4V; l~illp ~~ ~~ ^^a i ~nR ~~~~ GI~`i~li Devon Park Subdivision CCIP-OS-035 l ~ CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 B. Conditions of Approval PLANNING DEPARTMENT: 1.1 All applicable conditions of the previously approved Devon Park Subdivision and Fairview Lakes Planned Development, AZ-02-011, PP-03-006, CUP-02-014, CUP-03-014 and CUP-03-054 shall also be considered conditions of the subject of Conditional Use Permit (CUP-OS-035) application. 1.2 No building or other structure 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) issued by the Planning Department. NOTE: A CZC application may include multiple buildings and the parking lot. 1.3 Prior to issuance of a Certificate of Zoning Compliance (CZC) permit and construction of the restaurant. 1.4 The proposed 39-stall parking lot on Lot 2, Block 3 Devon Park Subdivision No 1, shall be landscaped in accordance with MCC 12-13-11. NOTE: This requirement may reduce the number of parking stalls that can fit on the lot. Therefore, at least 21 on-site parking stalls shall be provided for the restaurant/retail use. 1.5 Comply with the conditions and comments of all City Departments, and other agencies. 1.6 All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy maybe obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cast of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. 1.7 If construction has not begun within 18 months of City Council approval, a new conditional use permit must be obtained prior to the start of development. 1.8 Outside lighting shall be designed and placed in such a manner as to eliminate glare and illumination of the adjoining roadways and properties, in accordance with City Ordinance Section 11-13-4.C. 1.9 Applicant's (or successor's) failure to comply with any of the terms of approval of the conditional use permit shall be cause for revocation of the conditional use permit. 1.10 All landscape buffers shall be approved under the certificate of zoning compliance application process and all landscaping shall be constructed prior to the issuance of any Certificate of Occupancy within the subdivision. I.11 The applicant shall submit a revised concept plan for the area east of N. Lakes Avenue. The concept plan shall provide common, usable areas and/or re-orient the buildings to create apedestrian- oriented feature for this development. The concept plan shall be processed concurrent with the next detailed conditional use application for the area east of N. Lakes Avenue. Devon Park Subdivision CUP-OS-035 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 2 PUBLIC WORKS DEPARTMENT 2.1 All development improvements, including but not limited to sewer, fencing, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.2 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374 2.3 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. 2.4 The applicant shall be responsible for application and compliance with any NPDES Perntting that may be required by the Environmental Protection Agency. 2.5 The applicant shall be responsible far application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.6 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian Standards and policies. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding shallow Injection Wells. 3 MERIDIAN FIRE DEPARTMENT 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 3.2.1 Fire Hydrants shall have the 4 %z" outlet face the main street or parking lot aisle. 3.2.2 The Fire hydrant shall not face a street which does not have addresses on it. 3.2.3 Fire hydrant markers shall be provided per Public Works spec. 3.2.4 Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. 3.25 Fire Hydrants shall be placed on corners when spacing permits. 3.2.6 Fire hydrants shall not have any vertical obstructions to outlets within 10'. 3.2.7 Fire hydrants shall be place 18" above finish grade. 3.2.8 Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 3.3 All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 3.4 Provide a 20' wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D103.6 Signs. Devon Park Subdivision CUP-OS-035 (~ ~ CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 3.5 Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 3.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.7 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.8 The commercial lots lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 3.9 Maintain a separation of 5' from the building to the dumpster enclosure. 3.10 Provide a IZnoxbox entry system for the complex prior to occupancy. 3.11 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.12 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.13 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and 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). 3.13.1 For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). 3.13.2 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). 3.14 There shall be a fire hydrant within 100' of all fire department connections. 4 SANITARY SERVICE COMPANY 4.1 Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. Devon Park Subdivision CUP-OS-035 (~ ~. CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 C. Required Findings from Zoning Ordinance 1. CUP Findings: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish (11-17-3): A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this ordinance; The Council finds that the subject property is large enough to accommodate the requested use and all other required features as noted above. There are 21 required parking stalls for approximately 4,200 square feet of retaiUrestaurant space. The applicant is proposing 39 parking stalls on these lots. So, staff concludes that the site is large enough to accommodate the proposed uses. Perimeter landscaping has been approved under the Fairview Lakes/Devon Park Planned development. The applicant has shown the required landscape buffers on the site plan. Internal landscaping will be addressed through Certificate of Zoning Compliance Approval. B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements, of this Ordinance; The current Comprehensive Plan Land Use Map designates the property as "Mixed Use Community". The Comprehensive Plan text policies of Chapter VII, including the requirement for all development to proceed through a CUP and allowing retail uses, are met with this plan. The Council finds that the proposed commercial/retail use is harmonious with and in accordance with the Comprehensive Plan. As noted in the Findings for File #CUP-03-054, the "Mixed Use-Community" policies (Ch. V1I, pg. 98) set a maximum of 200,000 s.f. ofnon-residential uses per each area with a MU-C designation. If approved, the proposed 4,200 s.f. building will be counted toward this allowable square footage ofnon-residential uses within the entire Fairview Lakes/Devon Park development. The square footage increase is still under the maximum 200,000 s.f. allowed. C. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; The Council finds that the Planning & Zoning Commission and City Council have previously determined the proposed uses and site configuration to be compatible with the general neighborhood. C-1 (~ ~. CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; The Council does not anticipate that the revised project will have an adverse impact on other properties within the vicinity; however, the Commission and Council should consider any testimony (written and oral) presented at the public hearings before making this finding. In CUP-03-054 (Devon Park No. 1 and No. 2) the applicant agreed to the following condition: Per Finding 8.2, the applicant shall review the commercial/retail portion of the Site Plan east of N. Lakes Avenue for any potential areas to provide common, usable areas and/or re-orient the buildings to create apedestrian-oriented feature for the development. No more than 50% of the proposed building area (or 36,300 square feet) in the area east of N. Lakes Avenue and south of E. Carol Street shall be approved for detailed conditional use permits until a revised concept is submitted to the City demonstrating how this common area will be provided. Prior to the August 2, 2005 public hearing, the City has granted detailed conditional use approval to 25,429 square feet of building area. The request before you is for an additiona14,200 square feetbringing the total to 29,629 square feet. Meanwhile, the overall proposed building area for the site has decreased somewhat such that 50% now represents 33,340 square feet (instead of 36,300 square feet). Also, the parking and circulation system has been developed for over 50% of the site. Therefore, staff recommends that the Planning Commission add the following condition of approval: 1.11 The applicant shall submit a revised concept plan for the area east of N. Lakes Avenue. The concept plan shall provide common, usable areas and/or re-orient the buildings to create apedestrian-oriented feature for this development. The concept plan shall be processed concurrent with the next detailed conditional use application for the area east of N. Lakes Avenue. To mitigate any potential adverse impact, the applicant must comply with the minimum buffers between land uses widths, as noted in Finding C above. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; The Council finds that the revised development plans will be adequately served by the essential public facilities and services listed above. The applicant has already received approval for these services as part of previous applications. F. That the proposed use 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; The Council finds that the proposed use would not be detrimental to the economic welfare of the community, nor would it create the need for any new facilities or services C-2 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 to be paid for by the public that would be considered excessive. The use will actually be a net contributor to the tax base and job base of the City. G. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; The Council finds that there will be similar levels of traffic and noise in the general vicinity of the revised project when compared to the original project. Staff further fmds that approval of the revised project will not lead to a major increase in smoke, fumes, glare, odors or other disturbances that will be considered detrimental to the welfare of the City and the subdivision's neighbors. A. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; The Council finds that the proposed use and vehicular approaches will not create significant interference with any traffic on the surrounding public streets. A traffic signal has been approved for the intersection of N. Lakes Avenue and E. Fairview Ave, which should enhance the movement and circulation of traffic in this area. Please review the ACRD report for this project for additional information regarding this finding. I. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The Council does not find that any natural or scenic feature will be lost, damaged or destroyed by issuance of this conditional use. Existing trees greater than 4" caliper must be retained or mitigated for, if removed. C-3 ~~„-. /G CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER Request for a Variance from Meridian City Code (MCC) 11-9-1 (Schedule of Bulk and Coverage Controls), to exceed the 35 foot maximum building height for the proposed Rocky Mountain High School, by Joint School District No. 2. Case No: VAR-OS-017 For the City Council Hearing Date of: September 6, 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 6, 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 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. 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 verified that the property owner of record at the time of issuance of these findings is Joint School District No. 2. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).VAR-OS-017 - PAGE I of 3 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit B 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. 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. 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 applicant is hereby granted a variance to MCC 11-9-1 Schedule of Bulk and Coverage Controls, to exceed the 35 foot maximum building height in the R-8 zone, for the construction of a public school facility with a maximum building height of 60 feet. 2. 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).VAR-OS-017 -PAGE 2 of 3 1. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval Inay 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: Required Findings for Variance By action of the Cit ouncil at its regular meeting held on the !/~~ day of ,(yGv , 2005. COUNCIL MEMBER SHAUN WARDLE VOTED_~ COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) -_• $EAY~ G. Berg, Jr., ity lerl~ ,~a°~ ,gn rt~i• ~~. VOTED_~~ VOTED ~~~ VOTED__~~ VOTED Gif~j C~w,.u:C PrirJ.tlo.~.E Copy served upon Applicant, The A1~Zc~ipg~bepartment, Public Works Department and City Attorney. By:~~(Y ~ 7~U1 0 -1V~- Dated: q-$'-C9 j City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).VAR-OS-Ol7 -PAGE 3 of 3 EXHIBIT A Rocky Mountain High School Variance VAR-OS-017 Legal Description Order No.: A028689 WARRANTY Di/ED FOR VALUE RECEIVED, PARAMOUNTLLC, an Idaho limited liability company the Grantor, does hereby grant, bargain sell and convey unto SOINT SCHOOL DISTRICT NO. 2, an Idaho school district whose current address is 911 N. Meridian Road, Meridian, ID 83642, the Grantee, the following described premises; in ADA County, Idaho, TO WIT: A parcel of land being a portion of the North Half ofthe Southwest Quarter of Section 25, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing al the Southwest comer of Section 25, Township 4 North, Range 1 West, Boise Meridian; thence Notch 0°25'24" Gast 1318.84 feet along the West line of said Section 25 to a point; thence South 89°25'33" Easl 500.00 feet along the South line of the North Half of the Southwest Quarter of said Section 25 to the REAL POINT OF BEGINNING; thence continuing along said South line South 89°25'33" East 1435.14 feet to a point; thence North 0°34'27" East 1319.73 feet to a point on the North line of the Southwest Quarter of said Section 25; thence North 89°2708" West 1764.68 feet along said North line to a point; dhence South 0°13'37" East 171.11 feet to a point; thence South 89°44'07" Wesl 150.88 feet [o a point on the Easterly right of way line of Linder Road; thence South 0°2°5'24" West 933.61 fee[ along said Easterly right of way liue to a point; thence South 89 25 33" East 475.00 feet to a point; thence South 0°25'24" West 212.00 feet to the REAL POINT OF BEGINNING. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, heirs end assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that ii is the owner fn fee simple of said premises; that they are free from all encumbrances EXCEPT: Those to which this conveyenoe is expressly made subject and (hose made, suffered or done by [he Cmntee; and subject to existing patent reservations, restdefions, protective covenants, dedications, easements, rights of way and ngreements, (if any) of record, existlng caning ordinances and applicable building wdes, laws, and general [axes and assessments (including irrigafion and utility assessments, if any) for the current year, which ere not yet due end payable, end that Grantor will warcanty and defend the same from ell lawful claims whatsoever. Dated: July 2002 PARAMOUNT LLC, an Idaho limited liability company By: Brigh on Corporation, Me~~m~~//be~~r BY~ ~G~Lf1ll~~ David W. Turnbull, President STATE OF IDAHO ) ss. County of Ada ) On this /~ day of July 2002, before me, the undersigned, a Notary Public in and For said Stele, personally appeared David W. Turnbull Mown or identified to me to be ffie President of dte corporation the[ executed the within instrument, said corporation known [o me to be a member of the limited liability company that executed the instrument, and acknowledged to me that he executed the same for and on behalf of said corporation and that such corporation executed i[ on behalf oFsaid limited liability company, and that said limited liability company executed it. fN WITNESS WHEREOF, I have hereunto set my hand and affixed my ofFciel seal the day and year in tt~is~rtifica[e firs! above written. ,.r,.ynr rua ~tt~ror tqa to. ~pT~r} ~ Residing al: * RS My Commission xpires; L ~ ~" g J stp~gpUB L1C0, ~s._ OF IP p'.~r: ~ EXHIBIT B Rocky Mountain High School Variance VAR-OS-017 Required Findings According to Ordinance 11-18-1, Variances, the Council may authorize in specific cases a variance from the terms of either the Zoning or Subdivision Ordinance. Specifically, the Ordinance lists the following Findings (MCCl 1-18-3), all of which must be determined before granting a variance: "A. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Title would clearly be impracticable or unreasonable; City Council finds that there are not special circumstances affecting the property. The property is large enough to accommodate the required facilities, parking, and landscaping in compliance with Meridian City Code. The special circumstances affecting the application are related to the nature of the use as a school facility, not the property specifically. B. That strict compliance with the requirements of this Title would result in extraordinary hardship to the owner, subdivider or developer because of unusual topography, the nature or condition of adjacent development, other physical conditions or other conditions that make strict compliance with this Title unreasonable under the circumstances, or that the conditions and requirements of this Title will result in inhibiting the achievements or the objectives of this Title; City Council finds that strict compliance with the City's height limits on this site would result in an extraordinary hardship to the developer due to the nature of the intended use as a school facility. The gymnasium and auditorium uses associated with the use as a public school are permitted uses as part of the school in the R-8 zone, and are different structures than are usually regulated by the R-8 zone maximum building height. The structures require higher ceilings for their intended uses which are unique to the use of the property as a school site. Therefore granting the variance would not be granting any special privileges denied to similar uses in the same district. The requested variance is not for convenience or profit, it is simply the nature of the structures. C. That the granting of the specified variance will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated; City Council anticipates that the variance will not be detrimental to the public's welfare or injurious to other properties in the area. Further, the Council has granted height variances to other school properties with similar situations within Meridian, and staff is unaware of any harmful impacts from these height variances. D. That such variance will not have the effect of altering the interest and purpose of this Title and the Meridian Comprehensive Plan." City Council finds that the issuance of a variance for height limits to allow the building of a school facility designation and will not have the effect of altering the purpose and/or interest of the Zoning Ordinance or the Comprehensive Plan. The Comprehensive Plan states that the City should "Support the location of school sites within every square mile in undeveloped areas" (Chapter VI, Goal I, Objective A, Action 2) and "Permit schools, churches, and other public and quasi public uses in rural areas, that are compatible with adjacent uses (Chapter VII, Goal I, Objective D, Action 7)." MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Chiis[hrc Dormell Shaun Wardle Charles M. Rountree i ilY{ i!N d' ~ ~ ,~' CITY OF ~~~ ~_/VI.~YIG~1G~'YI 1~ IUAHO CITY HALL (208) 888-4433 ~ Fax 887-4813 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 -Faz 898-9551 LEGAL DEPARTMENT (208) 888-4433 -FAX 887-4813 MEMORANDUM: Transmittal Date: September 1, 2005 City Council Hearing Date: September 6, 2005 To: Mayor and City Council From: Josh Wilson, Associate City Planner Re: Rocky Mountain High School Height Variance Request for a Variance from Meridian City Code (MCC) 11-9-1 (Schedule of Bulk and Coverage Controls), to exceed the 35 foot height limit for Rocky Mountain High School in the R-8 zone for 5450 N. Linder Road, by Joint School District No. 2. (File No. VAR-OS-01 ~. Planning and Zoning staff have reviewed the applicant's submittal, and we offer the following comments and recommendations: APPLICATION SUMMARY The applicant, Joint School District No. 2, has requested a variance from Meridian City Code (MCC) 11-9-1 to exceed the 35 foot height limit in the R-8 zone for construction of the proposed Rocky Mountain High School at 5450 N. Linder Road, approximately one-half mile north of McMillan Road. The applicant has stated that due to the nature of a high school building, several components of the building such as the auditorium, stages, and gymnasiums require large volume spaces and cannot be built within the height limits of the district. If the building heights were restricted to those allowed within the R-8 zone, the school would not be able to meet the minimum requirements for a public educational facility. The highest point of the proposed school building is 60 feet for the gymnasium, and other portions of the building vary in height from 28 feet to 57 feet. The applicant is requesting relief from the following ordinances: • MCC 11-9-1 Schedule of Bulk and Coverage Controls VAR-OS-017 RHMS.VAR.doc LOCATION & SURROUNDING USE5 The subject property is located at 5450 N. Linder Road, approximately one-half mile north of McMillan Road. The following uses surround the subject property: North -Single family residential and office uses under development in Paramount Subdivision, zoned R-8 and L-O. South -Agricultural land and a rural residence, zoned RUT (Ada County), and future commercial development in Paramount Subdivision, zoned C-G. East - Future single family residential development in Paramount Subdivision, zoned R-8. West - N. Linder Road and Lochsa Falls Subdivision, zoned R-4. CURRENT OWNERS OF RECORD The owner of record is Joint School District No. 2 and Wendel] Bigham, an authorized agent, has given submitted a notarized Affidavit of Legal Interest with the application. REQUIRED FINDINGS According to Ordinance 11-18-1, Variances, the Council may authorize in specific cases a variance from the terms of either the Zoning or Subdivision Ordinance. Specifically, the Ordinance lists the following Findings (MCCl 1-18-3), all of which must be determined before granting a variance: °°A. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Title would clearly be impracticable or unreasonable; B. Staff finds that there are not special circumstances affecting the property. The property is large enough to accommodate the required facilities, parking, and landscaping in compliance with Meridian City Code. The special circumstances affecting the application aze related to the nature of the use as a school facility, not the property specifically. That strict compliance with the requirements of this Title would result in extraordinary hardship to the owner, subdivider or developer because of unusual topography, the nature or condition of adjacent development, other physical conditions or other conditions that make strict compliance with this Title unreasonable under the circumstances, or that the conditions and requirements of this Title will result in inhibiting the achievements or the objectives of this Title; Staff finds that strict compliance with the City's height limits on this site would result in an extraordinary hardship to the developer due to the nature of the intended use as a school facility. The gymnasium and auditorium uses associated with the use as a public school are permitted uses as part of the school in the R-8 zone, and are different structures than are usually regulated by the R-8 zone maximum building height. The structures require higher ceilings for their intended uses which are unique to the use of the property as a school site. Therefore granting the variance would not be granfing any special privileges denied to similar uses in the same district. The requested variance is not for convenience or profit, it is simply the nature of the structures. VAR-OS-017 RHMS.VAR.doc ,, C. That the granting of the specified variance will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated; Staff anticipates that the variance will not be detrimental to the public's welfare or injurious to other properties in the area. Further, the Council has granted height variances to other school properties with similar situations within Meridian, and staff is unaware of any harmful impacts from these height variances. Staff recommends that the Council reference any written or oral testimony provided at the public hearing, as well as staff's analysis, when determining whether or not the surrounding properties may be negatively affected by granting a variance. D. That such variance will not have the effect of altering the interest and purpose of this Title and the Meridian Comprehensive Plan." Staff finds that the issuance of a variance for height limits to allow the building of a school facility designation and will not have the effect of altering the purpose and/or interest of the Zoning Ordinance or the Comprehensive Plan. The Comprehensive Plan states that the City should "Support the location of school sites within every square mile in undeveloped areas" (Chapter VI, Goal I, Objective A, Action 2) and "Permit schools, churches, and other public and quasi public uses in rural areas, that are compatible with adjacent uses (Chapter VII, Goal I, Objective D, Action 7)." STAFF RECOMMENDATION Staff is recommending approval of the parking variance for the following reasons: • The gymnasium and auditorium uses associated with the use as a public school are permitted uses as part of the school in the R-8 zone, and are different structures than are usually regulated by the R-8 zone maximum building height. The structures require higher ceilings for their intended uses which aze unique to the use of the property as a school site. Therefore granting the variance would not be granting any special privileges denied to similar uses in the same district. The requested variance is not for convenience or profit, it is simply the nature of the structures. • That there aze such special circumstances or conditions affecting the property that the strict application of the provisions of this Title would clearly be impracticable or unreasonable; • That strict compliance with the requirements of MCC would result in extraordinary hardship to the developer because of unusual topography, the nature or condition of adjacent development, other physical conditions or other conditions that make strict compliance with this Title unreasonable under the circumstances, or that the conditions and requirements of MCC will result in inhibiting the achievements or the objectives of MCC and the Comprehensive Plan; • Granting the specified vaziance will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated; and • The subject variance will not have the effect of altering the interest and purpose of MCC and the Meridian Comprehensive Plan. VAR-OS-017 RIIMS.VAR.doc C~ September 2, 2005 AZ OS-025 MERIDIAN CITY COUNCIL MEETING September 6, 2005 APPLICANT Hummel Architects ITEM NO. ~ 7 REQUEST Ordinance -Request for Annexation and Zoning of 5.47 acres from RUT to R-4 zone for Meridian Hiah School - 7900 West Pine Avenue AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See attached Ordinance ~ ~~ ~i~~ OTHER: See attached Letter from Molly Struckman Contacted: Date: ~'~ ~ Phone: ~2j-7~~,'g Emailed: Q ~ U ~ , CO S aff Initials: ~, Maferlals pre nfed of publle meetings shall become property of fhe City of Meridian. ~~ ADA COUNTY flECORDER (~ 'ID NAVAflflO AMOUNT .00 I BOISE IDAHO 09115!06 02ao rM DEPUTY Bonnie 06erblllig III IIII IIIIIIIIIII IIIIIIIIIIIII III III flECORDED-flEOUESi OF Meridian Clry 105134294 CITY OF MERIDIAN ORDINANCE NO. U, ~ ~~ ( 7 BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE (AZ-OS-025 MERIDIAN HIGH SCHOOL) FOR ANNEXATION OF PROPERTY LOCATED IN A PORTION OF SECTION 11, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT °°A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO R-4 (MEDIUM DENSITY) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re-zoning by the owner of said property, to-wit: MERIDIAN SCHOOL DISTRICT SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT (Ada County) to R-4 (Medium Density) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re-zone said property. ANNEXATION OF A~OS-025 MERIDIAN HIGH SCHOOL -Page 1 of 3 SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force'and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDLAN, IDAHO, this ~~~` day of _~ ~~~v , 2005. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~ ~ day of ~P/~iI ~/~'`"' , 2005. ~,,, .~~.~^l ~ ~~~ WILLIAM G. BERG, JR. - ~~ '``~ O gT . ~. ~dI1tlTY , ~Q~\`~` ~~~IU II 11111111\\\\\ de WEERD ANNEXATION OF A~OS-025 MERIDIAN HIGH SCHOOL -Page 2 of 3 STATE OF IDAHO, ) ss. County of Ada ) .{c~ On this (p day of jPn-~ e..,~Ee,- , 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 .~' T .•' NOTARY UBLIC FOR IDAHO e t ~oT,~r3 Ri SIDING AT: ~t`ZY': 7c~la., ~ ~'~~lw * : ~•~ 6 ~` : C MMISSION EXPIRES: py zo v w • AUBL1G •p••~ a••°•+••••• ~ ~~' ANNEXATION OF A~OS-025 MERIDIAN HIGH SCHOOL -Page 3 of 3 .~ l~ FOX ~.a,~d ~r~irveys, ~~r~. 4696 OveMand Rd. STE 1R2 a Rois® Idaho D 83705 0 299-842-7957 D 206-342-7437 FAX MERIDIAN HIGH SCHOOLANNEXATION DESCRIPTION A PORTION OF SECTION 11, TOWNSHIP 3 NORTH, RANGE 1 WEST, B®r$E MERr®rAN~ CITY OF MERIDIAN, ADA COUNTY, IDAMO A portion of Section 11, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows; Commencing at the found Aluminum Cap Monument marking the East %. Comer of said Section 11, from which the found Brass Cap Monument marking the Center thereof bears North 89°11'16" West, a distance of 2,655.19 feet; thence along the East-West Center line of said Section 11, North 89°11'16" West, a distance of 1,326.35 feet to a point; thence leaving said Center line, North 00°42'18" East (formerly North 00°02' East), a distance of 264.28 feet (formerly 265.20 feet) to the TRUE POINT OF BEGINNING; thence North 89°19'15" West (formerly South 89°30' West), a distance of 152.90 feet (formerly 153.60 feet) to a found'/ inch rebar with no cap; thence North 76°45'09" West (formerly North 77°39' West), a distance of 94.55 feet (formerly 95.10 feet) to a found'/ inch rebar with no cap; thence North 83°30'55" Wesf (formerly North 84°33' West), a distance of 218.71 feet to a found % inch rebar with illegible plastic cap; thence along the Westerly boundary of Parcel A as described in Instrument Number 7913614 North 00°42'18" East (formerly North 00°02' East), a distance of 566.25 feet more or less, to a point on the center line of an irrigation ditch; thence along said center line the following courses and distances: South 72°25'43" East (formerly South 73°24'30" East), a distance of 88.70 feet (formerly 88.16 feet) more or less to a point; South 82°47'13" East (formerly South 83°46' East), a distance of 69.43 feet (formerly 69.01 feet) more or less to a point; South 71°56'43" East (formerly South 72°55'30" East), a distance of 44.49 feet (formerly 44.22 feet) more or less to a point; . South 00°42'18" West (formerly South 00°02' West), a distance of 19.71 feet more or less to a found disturbed 5/8 inch rebar; South 71°48'20" Fast, a distance of 95.39 feet (formerly 96.12 feet) more or less to a point; South 64°31'20" Fast, a distance of 139.y6 feet (formerly 140.82 feet) more or less to a point; South 81°08'20" Fast, a distance of 49.07 feet (formerly 49.44 feet) more or less to a found spike; Thence leaving said center line, South 00°42'18" West, a distance of 447.96feet (formerly 445.54 feet) more or less to the TRUE POINT OF BEGINNING. Containing 238,277 square feet (5.470 acres), more or less. Subject to existing easements and rights-of-way as any may exist, of record or not of record. It is the intention of this description to include all of the property described in Warranty Deed Instrument Number 7913614: Timothy J. Fox, PLS 7612 T1F:taj W:1PA07ECTS12005105A25.PRN'ROJEC11Descriptionsl525ANNi:XDasc.DOC END OF DESCRIPTION «Vi~ APPR ~~~ 'Y -~~~i ~ ~ ~~Q~ ~~ WORKS DEPT.iC ~00~ ~ ~ ,lbW ~~~US~Oa dY IA a8 }l ~~ ° F- JI Z ~ ~ ~ ^ N ~ ~ ~ ~ M ^ O ~ ~ ~ t7 ~ W ~ ~ Ql N O ~ 0 0 t0 d- 01 d' ~ ~ w m 3 3 3 w w w w ~ w w w ~ Q ~ Z ~ O ~ ~ M' M ~ ~ N N N ~ ~ - i1 7 d . - d - ~' O to O N ~f7 i~ [O N OD OJ N w Q d- M : ~' N ~t if] d' t M O d' -z O ~ n O n ~ a0 p 0] ~ 1~ 00 n J Z Z Z Z V1 V1 VI V1 U] V1 UI (/) W z J J J J J J J ~ J O ~ N J J J J ZL~ w w z z J J z z o O J F U w X O N Z w f= ~ U ~ w av~~= ~ I W~ W) JI 4 2~ a d U ¢ Q 1-O ~ z U ~ J W W Op ~~ a ~~az Y p O m a a v~ ~ ~n Jc~ p p p p o p~? z z z z z z cox 7 0~ p 0 0 --~ ~"' 1- O O O O O w0 UzN ~®o®o O® N ~. ~I~aNI-I 'N ~ ~ 'ML ~ 'N~'1 vi lL~ M i. ~~ N ~ M W ,.,., 79Z ~ N Q 3„SL,Z-b.00N W ~Z ,~~ ~~ ~~ rn~ z ~~ ~~ ~~ N ~' r ~ U p Z _ - U ~~ w I~ w ~~ D Q J O L~ ~~ 1 C (. NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO LC. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. OS- l/ ~ 7 PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land located in a portion of Section 11, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 5.47 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of--way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33~ast Idaho Avenue, Meridian, Idaho. This ordinance shall become effective on the 6 day of ~j~Grr~~ w 2,QQ`i~.~,,,,, ~lvt.~iL.~ /~-- `dam-- ~ .~ ~ ~ - Mayor and City Council of tFle Ci{y of NT By: William G. Berg, Jr., City Clerk First Reading: ~~~~~5 Adopted after first readin by suspension 50-902: YES ~ NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. OS- 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- of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this ~ day of Iii , 2005. I $~r~l~~ e 9 1 n T i~~ • ^d` ~` to Idaho Code ~ 1~ William. L.M. Nary, City Attorney ORDINANCE SUMMARY - AZ-OS-025 MERIDIAN HIGH SCHOOL - Page Y of 1 September 2, 2005 AZ 05-007 MERIDIAN CITY COUNCIL MEETING September 6, 2005 APPLICANT Gemstar Development, LLC ITEM NO. ~ S REQUEST Ordinance -Request for Annexation and Zoning of 43.18 acres from RUT to R-8 zones for Bellingham Park Subdivision -north of Amith Road and east of South Locust Grove Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See aNached Ordinance CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ~,.~1 vw/ I I ~ S ADA COUNTY HIGHWAY DISTRICT: I/A°/r~l ~~ ~ ~ /~ SANITARY SERVICE COMPANY // CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Letter from Molly Shuckman Contacted: ~~. ,Nyv ~le~•e-e Date: / ~ U~ Phone: Emailed: S(tiu~n G' IQr+~.~onSwlfo,nfS. /1>,~ Staff Initials: ,(,/~ Mafedals presented at public meetings shall become property of fhe CIty of Meridian. (~ ADA COUNTY RECORDER J. DAY~,~ YARRO AMOUNT .DO ' BOISE IDAHO 09/15/05 02:16 PM DEPUTY Bonnie0berbilllg 1111111'IIIIIIIIIIIIIIIIIIII'I'lll~ll RECORDED-REQUEST OF Meridian Ciry 10/5134295 CITY OF MERH)IAN ORDINANCE N0. d~' ~~ l 8 BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE (A~OS-007 BELLINGHAM PARK SUBDIVISION) FOR ANNEXATION OF PROPERTY LOCATED IN THE SW '/a OF SECTION 29, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERH)LAN, ADA COUNTY, H)AHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY; SITUATED IN ADA COUNTY, H)AHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAH) LANDS FROM RUT (RDA COUNTY) TO R-8 (MEDIUM DENSITY) IN THE MERH)IAN CITY CODE; PROVH)ING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, A5 REQUHtED BY LAW; AND PROVH)ING FOR A SL7MMARY OF THE ORDINANCE; AND PROVH)ING 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 MERH)IAN, COUNTY OF ADA, STATE OF H)AHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re-zoning by the owner of said property, to-wit: Bellingham Par1cLLC SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT (Ada County) to R-8 (Medium Density) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re-zone said property. ANNEXATION OF A~OS-007 BELLINGHAM PARK SUBDIVISION -Page 1 of 3 SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby; dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~y~ day of ~fGrn~~`~ , 2005. APPROVED BY THE MAYOR OETHE CITY OF MERIDIAN, IDAHO, this 6~ day of ~~~~ , 2005. ATTEST: ~~~ WILLIAM G. BERG, JR., CITY de WEERD ,l~~.e ~~ ~'p 1ffT ' ^r° \i P .~ lUP1TV , ~® ~,•• mni nuN`~~•~\ ANNEXATION OF A~05-007 BELLINGHAM PARK SUBDIVISION -Page 2 of 3 STATE OF IDAHO, ) ss. County of Ada ) On this (~~~` day of 5~ p -~ ck. ~ ~. ~- , 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. ~o° C8 L• S -•••• '~~~ t1t •p•••••••1), •••• (SEAL) ~ ~Q'.•' •.;f • ~pTAR}. . • E~ e {, i ~•~ 4 `. P p B LAG ~J 1.`~YIl: U L' I~ ~~9~. PUBLIC ~F/~~//rrR ID/~AHO _/~ /- MISSION EXPIRES: ©y ~-~ o) ANNEXATION OF A~OS-007 BELLINGHAM PARK SUBDIVISION -Page 3 of 3 1450 East Watertower St. Suite I50 Meridian, Idaho 83642 Phone (208) 846-8570 Fax (208) 984-5399 Project No. 04-063 Bellingham Pai'lc May 13, 2004 ?eebdivision Revised June 22, 2004 A parcel of land located in the Southwest'/a of Section 29, T. 3N., R. lE., B.M., Ada Corurty, Idaho, more particnlarly described as follows: Commencing at the comer cornmon to Sections 30, 31, 32, and the said Section 29, from which the `/a corner common to said Sections 29 and 30 bears North 00°30'Ol'West, 2651.39 feet; thence Norih 00°30'01" West, 1325.80 feet to the South 1/16 comer common to said Sections 29 and 30, said point being the It);AL E®IN'S' ®F B];GINNING. Thence continuing North 00°30'01" West, 380.82 feet to a point on the Southerly right- of-way of t(re Ridenbaugh Canal; Thence along saidright-of way North 59°24' 15" East, 1547.40 feet; Thence North OOC07'33" West, 149.12 feet to the C-W 1/16 comer; Thence South 89°38'08" East, 669.96 feet to the Northeast comer of the West'/~ of the NEl/4 ofthe SWl/4; Thence along the East line of the West % of the NEl/4 of the SWl/4 South 00°03'35" West, 1270.84 feet to a point on the Northeasterly line of Ten Mile Creels; Thence along said line North 33°25'06" West, 1310.96 feet to a point on the Southerly right-of way of said Ridenbaugh Canal; Thence along said right-of way South 59°24' 15" West, 110.13 feet to a point on the Southwesterly line of the Ten Mile Drain; Thence along said line Soutlr 33°25'06" East, 1306.51 feet to a point on the South line of the Northeast % of the Southwest %~; Thence along said line North 89°42'02" West, 568.47 feet to the Southwest 1/16 confer; Thence along the East line of the Southwest '/a of the Southwest''/n Soutlr 00°07'38" East, 16.50 feet; Pro~essianal Land Surve;rors i/ ~`~ Thence departing said East ]ine North 89°42'02" West, 671.18 feet; Thence South 00°30'01" East, 130.52 feet; Thence North 89°44'03" West, 659.95 feet fo a point on the West line of the Southwest `/a of fhe Southwest %; Thence North 00°30'01" West, 147.41 feet to the Point of Begimiiug. Contai~ung 43.18 acres, more or less. Prepared By: Idaho Survey Group,P,C. L' uV ~~ u~ OF D. Terry Peugh z o ~ " a ~>.~s O w EGe E, °o 0.^ S~ L°," } ,2' o~°a x ~ ~~~ :~ x a ~+~ - f ~ i ~ m a '9 . ~ , t \~ % ' ~~' / . r~ _. f 3 3 ; ~a ~_-~ i.__ ~,`i,- I i i~ ~ ~- . i 6 1 , _ GS ~~ Lwl ' r.._, ~~ 3, fla4 ii ~y{ =S €e753d~~~®S3Eli3'f'~' 36 ,Ya 9 }_~ o a i= 1~~i .~~-°sa JI "i;d' F %11 9 lea ia8 e_a a ~g33, e_°a qzS ae i3 ~a:§ ~i 5xs i~, ?; e8 ° ~ :i 8 E`, 35 Sad =`-~3gaz~a3p yS9 ;i 3ixe?i s332 ww ae~aja..oep©~m~l a .3 sj1~3 'x' 1$3a `= el '~ag~, s:a3 ~3'~ae: :~i ~5d3~±~~z€?'~ii's9~ 4mF ?gP I~~I ~1~~I I i ~~ III II~II Ili _ a~~T II i- l-u" ::;:n:~ .,.max -r r L ~ G - n+~4~~ '~ ~ _ 5 ~ -~ 4 a 3 . -~1 1 i. °e _ !r~ _`~, ~ ~ i °E;° m~ e T ~ ~ a _- 9 ~ a ~ _ i JS a e $ ~ LEuN _ E ~E a .@: •9 , n~ V ' ~ 91 ~ ¢ ~ m n m 5 3 `_ ~ ~~_ "~., 3 ~ e~ ~y ~' -~da11JV ~-_._d °e 3 ~3 ~~: P- ~¢. f11 ` 1 ~3'g~ !€~;~; ,I:ei`, I( illSUS llocument Page 1 of 1 eat 4 9 .A9t~1~Y~~~Y V/ Fi'f®~J~rtl~6TO~V r7 'lr n.: /'. _-_.._.__,._ Q L.9A~la7~"~~1,IA~l~®T~C~dVfPi4lVY ~ L<'I ~,r,,, Q {Instructionsonbackofapplication) r~'SO ::zl.f. 7. The nameof the limited liability company is: ~`~ -%~j~,~ Bellingham Park, LLC 2. The streel address of the initial registered office is: 228 E. Plaza Street, Suite I, Eagle, Idaho 838f 6 and the name of the initial registered agent at the above address is: Steve Schmidt 3. The mailing addressforfuturecorrespondenceis: 228 E. Plaza Street, Suite I, Eagle. Idaho 83616 4. Managementofthe limited liability companywill bevested in: Manager(s) ^/ or Member{s) ~ {please cnet><the appropriate boxj 5. If managemenk is to be vested in ane ar more manager(s), list the name(s) and address(es) of at least one initial manager. If management is to be vested in the member(s), list the name(s) and address(es) of at least one in itial member. Nerne Steve Schmidt Address 228 E. Plaza Street, Suite I Eagle, Idaho 83616 6. Signature ofatleastone,persor~responsibleforformingthelimikedliabllitycompany; ,.! "j 1 ff Signature: k . ,•"(! [; /.~` ' L " •" ' ~ - Secretary of State use Dory Typed Name: Steve Schmidt Capaoity: Manager ~ Signature I~ @ IDAfp) 58CRETARY OF STATE ®6t27/2td04 05: E0 Typed Name: 9 ° I~ CN; 6582 CTr 17(133 RHt 747358 1P fBB,BB = 186.iiA ORGAH LLC 8 3 Capacity: '~ .,..~,..~ /I , ~J .~~ Q ~' ~ ~ tttp://www. accessidaho.org/public/sos/corp/search.htm175criptPorm. startstep=docview&S criptForm. start... 8/22/2005 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO LC. § 50-901(A) CITY OF MERH)IAN ORDINANCE NO. OS- PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land located in the SW `/ of Section 29, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 43.18 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of--way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspecfion at City Hall, City of Meridian, 33 East Idaho Avenue, Meridian, Idaho. This ordinance shall become effecfive on the Q~~!' day of ~~j~w,..-lye-- ..,.200,5,., Mayor and City Council oI the hity o By: William G. Berg, Jr., City Clerl~ First Reading: ~ ~ 6 ' ~ /r Adopted after first reading by suspe~ 50-902: YES )C NO_ Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY A5 TO ADEQUACY OF SUMMARY OF ORDINANCE NO. OS- 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- of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this ~ day of ~ , 2005. .y ~ o T1~1 .1 .SQ `~ ~ as~~lgtLed pursuant to Idaho Code ~~~~nrnu ~~nn"a•~ G~ ,~ William. L.M. Nary, City Attome ORDINANCE SUMMARY - AZ-OS-007 BELLINGHAMPARK SUBDIVISION -Page 1 of 1 September 2, 2005 AZ 04-031 MERIDIAN CITY COUNCIL MEETING September 6, 2005 APPLICANT White-Leasure Development Company ITEM NO. ~ 9 REQUEST Ordinance -Request for Annexation and Zoning of 8+ acres from a C-2 zone to a proposed C-G zone for Meridian Gateway - SWC of South Meridian Road and West Overlap Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See attached Lefler from COMMENTS See attached Ordinance Struckman ~~-~~~ Date: ~ <i ~~ Phone: ,~r{j~ ~~~ ~tr,be(P(.~ti,-/~2~~2~-5~~~ •~cY" Staff Initials: ~/Z Materials presented at public meeflngs shall become property of the City of Meridian. ADA COUNTY RECORDER J. b~ ..J NAVARRO AMOUNT .00 BOISE IDANO 09/16105 02:16 PM DEPUTY Bonnie 06er6illig RECORDED-REQUEST OF III IIIIIIIIIIIIIIIII~IIIIIIIIIIIIIIII Meridian Ciry 105134296 CITY OF MERIDIAN ORDINANCE NO. U5 " ~ ~ _I` 1 BY THE CITY COUNCIL: BHtD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE (AZ-04-031 MERH)IAN GATEWAY) LOCATED IN THE NORTHEAST'/< OF THE NE '/ OF SECTION 24, TOWNSHIP 3 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" OF THIS ORDINANCE AND RE-ZONING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, H)AHO, AND WITHIN THE CORPORATE LIMITS OF THE CITY OF MERIDIAN; AND RE-ZONING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM C-2 (ADA COUNTY) TO C-G (COMMERCIAL GENERAL) IN THE MERIDIAN CITY CODE; PROVH)ING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE H)AHO STATE TAX COMMISSION, AS REQUIILED BYLAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVH)ING FOR A WAIVER OF THE READING RULES; AND PROVHDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERH)IAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for re- zoning by the owner of said property, to-wit: l~lliam and Mary Howell SECTION 2. That the above-described real property is hereby annexed and re-zoned from C-2 (Ada County) to C-G (Commercial General) 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 annexation and 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 to annex and 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 ofMeridian in accordance with this ordinance. RE-ZONE OF AZ-04-031 MERIDIAN GATEWAY Page 1 of 3 1~. 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 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, Treasm~er and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this {'~ "day of ~/J~7~H~`-' , 2005. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ©~ day of d'r/,t7~ , 2005. • ~ Ad O$ TAMMY de WEERD ATTEST: ` ; ~ Ci'~~ ~ "`u/„~~., ;' A$n CITY CLERK ~ ~~~ ` FQ,~, T 1~T • ~ ~~~ ~. ~.~''~, ~IllalTY ~ ~~`~~~ liE-ZONE Or A~04-031 M1;RIDIAN GATEW~Y%`~ ~ ~ ~ ~ ~~ ~"~~~~ Page 2 of 3 STATE OF IDAHO, ) ss. County of Ada ) On this G!~`day of ~e -(,r,.~ bei , 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) ^•0•'~~~1~N„:.S'tilJj ••.,~ OTA Y PUBLICy~F~OR pIDAHO T'•• •. ~ % !~iESID GAT: ~'(fpo[Zia... .T-GCr,~,~ a ti S ~pTAg~. •.: *% MI' OMMISSION EXPIRES ~ OY 10 0 ~S ~.~ • AUBI.~G ~ •~ RE-ZONE OF AZ-04-031 MERIDIAN GATEWAY Page 3 of 3 ~C Roylance & Associates P.A. Engineers • Surveyors • Landplanners 391 W. State Street, Suite E, Eagle, Idaho 83616 Telephone (208) 939-2824 Fax (208) 939-2855 October 15, 2004 Project Number 2560 Legal Description White-Leasure Development Company Annexation Area 9.08 Acres A tract of land situated in the Northeast One Quarter of the Northeast One Quarter of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, described as follows: Commencing at the Section Corner monumenting the Northeast corner of said Section 24 and the POINT OF BEGINNING. Thence following the northerly line of said Section 24 and the centerline of West Overland Road, North 89°46'45" West a distance of 525.00 feet to a point; Thence leaving said northerly line and the centerline of West Overland Road, South 00°37'36" West a distance of 753.50 feet to a point on the northerly line of Ells Run Subdivision, a recorded plat on file in Book 63 of Plats at pages 6303 and 6304, Records of Ada County, Idaho; Thence following said northerly line South 89°46'45" East a distance of 525.00 feet to a point on the easterly line of said Section 24 and the centerline of South Meridian Road; Thence leaving said northerly line and following the easterly line of Section 24 and the centerline of South Meridian Road, North 00°37'36" East a distance of 753.50 feet to the POIIVT OF BEGINNIhG. The above-described tract of land contains 9.08 acres, more or less, subject to all existing easements and rights-of-way. Prepared By: ROYLANCE & ASSOCIATES P.A. 391 W. STATE STREET, S E y. ~ EAGLE, IDAHO 83616 ~Y ur s+PPR~'_~f (208) 939-2824 v (1011 (208) 939-2855 FAX ~~ , ~ ~, ~+ ~ - M yROR'~S pEPS~C X1Projec[s\White-Leasure\2560\Admin\Legals\9.08 acre_annexation.doc ~ ~ S~-O~ NW CORNER NE 1/4, SEC. 24 WEST OVERLAND RD. N89'46'45"W 525.00' ~ r r= r 13 1~ `~4 0 u7 ri n PARCEL A 9.08 AC M r' J~ ~r 50 0 100 SCALE IN FEET 525.00' ELK RUN SUBDIVISION BOOK 63, PAGES 6303-6304 SE CORNER NE 1/4, SEC. 24 i~ 00 ~~z N Q ~ W m W W woo ~~~ r7 ~~¢ O N m W O Z M I ` I ROYLANCE AND ASSOCIATES PA I ANNEXATION EXHIBIT J Engineers Surveyors Landplanners o~,~ WHITE-LEA3URE DEVELOPMENT CO. 391 W State Street Suite E Eagle Idaho 83616 io-is-os Phone (208) 939-2624- Fax (208) 939-2855 dco ;~ i( NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO LC. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. OS- PROVIDING FOR RE-ZONING ORDINANCE An Ordinance of the City of Meridian granting re-zoning for land known as Meridian Gateway commonly located in the NE % of the NE i/a of Section 24, Township 3 North, Range 1 West of the Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 9.08 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of--way ofrecord or implied. As surveyed by Roylance and Associated, PA 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, Cit of Meridian, 33 East Idaho, Meridian, Idaho. This ordinance shall become effective on the ~ day of ~(~!7><Gvr. L 2005. ~~,,,~~.~~~~~,,,,,~ Cil-yofMeridian (/ -' Mayor and City Council By: William G. Berg, Jr., City Cler)~ First Reading: 9~ ('J -'~~ allowed pursuant to Idaho Code 50-5 Second Reading: Third Reading: -- ``,~.I OI ''% ~'Pwor~9j~ ~y,,'% o - 8~1~L 9 c T 78T • ~~.~ ,~- NO by suspension of the Rule as STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. OS- I hq 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-~~ of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this t'.t day of Septe ber, 20/05. /' William. L.M. ary City Attomey ORDINANCE SUMMARY-A~04-031-MERIDIAN GATET;WAY Page 1 of 1 September 2, 2005 MERIDIAN CITY COUNCIL MEETING September 6, 2005 APPLICANT ITEM NO. TO REQUEST 2005 / 2006 Fiscal Year Budget 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: COMMENTS See aftoched Ordinance J'L w~ ~~~g~ V US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Letter from Molly Struckman Contacted: Date: Phone: Emailed: Staff Initials: Materials presented al public meetings shall become property of the City of Meridian. CITY OF MERIDIAN ORDINANCE NO. G ~~ ~/U BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE, PROVIDING FOR A TITLE; PROVIDING FOR FINDINGS, PROVIDING FOR THE ADOPTION OF A BUDGET AND THE APPROPRIATION OF EXPENDITURE OF SUMS OF MONEY TO DERRY THE NECESSARY EXPENSES AND LIABILITIES OF THE CITY OF MERIDIAN, IN ACCORDANCE WITH THE OBJECT AND PURPOSES AND IN THE CERTAIN AMOUNTS HEREIN SPECIFIED FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2005 AND ENDING ON SEPTEMBER 30, 2006; TO PROVH)E FOR THE WAIVING OF THE 2ND AND 31LD READINGS PURSUANT TO H)AHO CODE 50-902; AND PROVH)ING FOR AN EFFECTIVE DATE AND THE FILING OF A CERTIFIED COPY OF THIS ORDINANCE WITH THE SECRETARY OF STATE. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERH)IAN, ADA COUNTY, STATE OF IDAHO: Section 1. TITLE: This Ordinance shall be entitled and cited as the "2005-2006 Fiscal Year Annual Appropriation Ordinance of the City of Meridian. Section 2. FINDINGS: The City Council finds: A. That it has duly Noticed and held a Public Hearing on the 30th day of September, 2005 for a Proposed Budget for Fiscal Year 2005-2006 (FY2006) City of Meridian, Idaho; B. That the total revenue anticipated to be available to the City of Meridian during Fiscal Year 2004-2005 is correctly stated in the Adopted Budget which is herein set forth in Section No. 3; and C. The appropriations and sums of money as are hereinafter set forth in Section No. 3 are deemed necessary to defray all the necessary expenses and liabilities of the City of Meridian for Fiscal Year 2005-2006. Section 3. ADOPTION OF BUDGET AND APPROPRIATION OF EXPENDITURE: The City Council does hereby adopt as and for the budget and the appropriation of expenditure for the City of Meridian for Fiscal Year commencing October 1, 2005 and ending on September 30, 2006 the following: FY2006 Budget Anticipated GENERAL FUND REVENUES Property Tax Revenue $10,258,303 Other Revenues $ 5,103,608 Development Services Revenues $ 4,380,793 Park Impact Revenues $ 1,264,400 use of Park Impact Fund Balance $ 2,311,622 BUDGET ORDINANCE FY2006 Page 1 of 4 use of Fire Truck Fund Balance use of Development Fund Balance use of General Fund Balance 337, 600 31,000 1.619.035 General Fund Total $25,306,361 CAPITAL IMPROVEMENT FUND Interest Revenue $ 107,000 use of Capital Improvement Fund Balance $ 4,460,500 Capital Improvement Fund Revenues $ 4,567,500 ENTERPRISE FUND Water & Wastewater Revenues $24,032,500 use of Enterprise Fund Balance $35,409,010 Enterprise Fund Total $59,441,510 GRAND TOTAL Anticipated Revenues $89,315,371 Appropriated GENERAL FUND Personnel & Operating EXPENDITURES Administrative Offices $ 1,439,257 Admin Carry-forward Appropriation $ 1,319,619 Police Department $ 7,194,928 Police Carry-forward Appropriation $ 8,000 Fire Department $ 4,715,785 Parks Department $ 1,242,016 Development Services $ 3,347,108 Development Carry-forward Appropriation $ 31,000 General Fund Operations Total $ 19,297,713 Capital Outlay Administrative Offices $ 180,866 Police Department $ 403,360 Fire Department $ 526,700 Fire Carry-forward Appropriation $ 53,500 Parks Department $ 1,006,850 Parks Carry-forward Appropriation $ 2,803,688 Development Services $ 26,835 addition to Development Service Fund Balance $ 1,006,850 General Fund Capital Outlay Total $ 6,008,(149 GENERAL FUND TOTAL EXPENDITURES $ 25,306,361 CAPITAL IMPROVEMENT FUND Personnel & Operating Administrative Offices $ 7,500 Capital Outlay Administrative & Parks $ 4,560,000 CAPITAL IMPROVEMENT FUND TOTAL EXPENDITURES $ 4,567,500 BUDGET ORDINANCE FY2006 Page 2 of 4 ENTERPRISE FUND Personnel & Operating Water & Wastewater $ 12,202,851 Water & Wastewater Carry-forward Appropriation $ 230,000 Enterprise Operations Total $ 12,432,881 Capital Outlay Water & Wastewater $ 25,577,710 Water & Wastewater Carry-forward Appropriation $ 21,430,939 Enterprise Capital Outlay Total $ 47,008,649 ENTERPRISE FUND TOTAL EXPENDITURES $ 59,441,510 GRAND TOTAL Appropriated Expenditures $ 89,315,371 Section 4. That the 2"d and 3`d readings of this ordinance are waived by suspension of the Rule as allowed pursuant to Idaho Code §50-902. Section 5. The City Clerk is directed to forthwith publish this Ordinance and file a certified copy of the same with the office of the Secretary of State of Idaho as provided in Idaho Code §50-1003 and the same shall be in full force and effect from and after its passage, approval and publication, according to law. PASSED by the City Council and APPROVED by the Mayor of the City of Meridian, Idaho this ~, day of September, 2005. APPROVED: ,, am.°`°~•C"l ~,c~~ WEERD, MAYOR ATTEST: ~o e $~,~~r ` 9 ~S' ,p WILLIAM G. BERGq, J ., C Y?~I~ T 1f5S • ~ Pd` ;~~ First Reading: / -6 ~ ~ S `~~~' ~l,~N1TT`l ' ~ Adopted after first reading by suspension of the rule as allowed pursuant to Idaho Code § 50-902 Yes ~ No Second Reading: Third Reading: _ BUDGET ORDINANCE FY2006 Page 3 of 4 ~.C ~ ~ STATE OF IDAHO, ) ss. County of Ada ) On this loft day of ~~ei~e,,.,6e~ 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) .•~••SCM«s`~T', ~ •~ j '• NSJ`I'AR/ PUBLIC FOR IDAHO • 1 r~pTAR °°'~ ,~' RESIDING AT: IJ'~Pi~rl~; rtN ~ _I -c(alw i tz Y ~ * ~ ~°~ ` * a MY C~6MMISSION EXPIRES: Oy u % ~°UBL1G :: ~ i %a J~ a®o °°°° O •e ~~i. °o°o°°o° Q- •~ ~``~~ 7~' U I I~ p..••. BUDGET ORDINANCE FY2006 Page 4 of 4 i( NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO LC. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. OS- PROVIDING FOR A NEW ORDINANCE FOR THE ADOPTION OF A BUDGET FOR THE CITY OF MERIDIAN FOR FY2006 An Ordinance of the City of Meridian providing for the adoption of a budget and the appropriation of expenditures of sums of money to defray the necessary expenses and liabilities of the City of Meridian, in accordance with the object and purposes and in the certain amounts herein specified for the fiscal year beginning October 1, 2005 and ending on September 30, 2006. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Avenue, Meridian, Idahg~++~ph5'3+~rd~}~ance shall become effective upon the passage and publication. ~a®`'y C3~ ~`~l'a=~,''%, .~ J~0 0a~~ ~~ y~,~wAQfa. ~~~/y9.. Mayor and City Courfbil of the~Cit of IV>~~~ By: William G. Berg, Jr., Cit}%Cle v~ ~~ ~~ First Reading. ~ ~ (Q -~ 5 ®®°°e~ ~T g~ afI"~r~, Rule as allowed pursuant to Idaho A®U~:~ `, Second Reading. ~ rsp++u i ++++"~"~ Third Reading: by suspension of the NO STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. OS- I ~ PjO 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- ~ ~ ~C) of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this ~ day of September, 2005 CJ.~1 William. L:M. N City Attorney BUDGET ORDINANCE SUMMARY FY2006 - 1 of 1 l >k* TX CONFIRMfaYION REPORT ** RS OF SEP 02 '05 17:03 PRGE.01 CITY OF MERID[RN DRTE TIME TOiFROM MODE MINiSEC PGS CMDp STRTUS 2B 09102 1655 8841159 EC--S 01'14" 004 046 DK 29 09102 16 57 2088840744 EC--S 01' 17" 004 046 OK 30 09102 1650 POLICE DEPT EC--S 01'14" 004 046 OK 31 09102 17:00 8985501 EC--S 01'13" 004 046 OK 32 09102 17:02 L113RRRY EC--S 01'37" 004 046 OK Q (,~~. Q~s{- ~~ P~hf ~r, Na~iw -~i~~,~ CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, September 6, 2005 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho 1. Roll-call Attendance: Shaun Wardle Christine Donnell Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Kevin Moyer, with Meridian First Baptist Church: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of August 9, 2005 City Council Regular Meeting: B. Approve Minutes of August 16, 2005 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: VAR 05.015 Request for a Variance to allow a reduced front setback and approve the removal of the deed restriction placed on this lot for Bedford Place Subdivision by Brighton Corporation - 596 East Edgar Street: D. Findings of Fact and Conclusions of Law for Approval: VAR 05.016 Request for a Variance for the reduction of parking spaces required and modification of parking lot landscaping requirements for Mike Palmer by Mike Palmer - 1524, 1608 and 1616 North Meridian Road: E. Findings of Fact and Conclusions of Law for Dental: AZ 05- 020 Request for Annexation and Zoning of 2.3 acres to L-O zone for Ashtvn Park by David Price - SWC of North Meridian Road and West Ustick Road: Moridian City Council Meeting ggentla-September 6, 2005 Page 1 of 4 All materials presentctl at public meetings shall become pmpeM1y of the Cily o(Meddien. Anyone desidng accommotlalion far disabilities relatetl todocuments end/or headng please contact the Ciry Clerk's Office a1666-0433 at least 46 hours prior to the public meeting. ~~ T% CONF,,:biTIGN REPORT +:N RS OF SEP 02 'BS 1~. ~o PFGE.01 CITY OF MEREDI RN DRTE TIME TO/FROM MODE MIN/SEC PGS CMDp STRTUS 01 09/02 17:04 92083776449 EC--S 01'13" 004 046 OK 02 09/02 1705 3886924 EC--6 01'14" 804 046 G( 03 09/02 1707 P-RND-Z EC--S 01'14" 004 046 OK 04 09/02 1709 RLL WIERICRN INS EC--S 01'13" 0Bq 046 OK 05 09/02 1711 FIRE DEPT EC--S 01'13" 004 046 OK 06 09/82 17:]3 120300040 G3--S 01'36" 0Bq 046 OK B7 09/02 1715 208 387 6393 EC--S 81'14" BO4 046 OK 08 89/02 17:17 2088885052 EC--S 01'15" 004 846 OK 09 09/02 1719 CHERRY LRNE G3--S 02'31" 004 0q6 01C 10 09/02 1722 IDRHO RTHLET IC C EC--6 01'Sq" 004 046 OK 11 09/02 17:24 ID PRESS TRIBUNE EC--S 01'14" 004 046 G( 12 09/02 1726 2088886701 EC--S 01'13" 004 046 OK 13 09/82 1732 12084664405 EC--S 01']5" BBq 046 OK 14 09/02 17:33 RI1R CTY DEUELMi EC--S 01'14" 004 046 OK 15 09/02 1742 3810160 EC--S 04'05" 004 846 OK 16 09/02 1746 PUBLIC IJ0,2K5 ----5 00'00" 800 046 BUSY THIS DOCUME NT IS STI LL IN MEMORY P ~ca5e, Qos~ ~,~ Pol~(~~. Na~ict. -~YiR~,~s CITY OF MERIDIAN - _---- CITY COUNCIL REGULAR MEETING AGENDA Tuesday, September 6, 2005 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho 1. Roll-call Attendance: _ Shaun Wardle Christine Donnell Charlie Rountree KeOh Bird MayorTammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Kevin Moyer, with Meridian First Baptist Church: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Mlnules of August 9, 2005 City Council Regular Meeting: B. Approve Minutes of August 16, 2005 City Council Regular Meefing: C. Findings of Fact and Conclusions of Law for Approval: VAR 05.015 Request for a Variance to allow a reduced front setback and approve the removal of the deed restriction placed on This lot for Bedford Place Subdivision by Brighton Corporation - 598 East Edgar Street: D. Findings of Fact and Conclusions of Law for Approval: VAR 05.016 Request for a Variance for the reduction of parking spaces required and modification of parking lot landscaping requirements for Mike Palmer by Mike Palmer - 1524, 1608 antl 1618 North Meridian Road: E. Findings of Fact and Conclusions of Law Tor Dental: AZ 05- 020 Request for Annexation and Zoning of 2.3 acres to L-O zone for Ash~t1n ParkPark by David Price - SWC of North Meridian Road and West Ustick Road: Meridian Cily Council Meefing Agenda- September 6, 2065 Page 1 0/9 All materials presenleq at public mee8ngs shall oecame property of the Ciry o! Meridian. Anyone desiring accommotlefon for disabilities relatetl to tlocumenfs antl/or hearing please comacf the City Clerk's Office of 868-0433 at least 46 hours prior M the public meeting, ** TX CONFIRMR~ N REPORT ** RS OF SEP 06 x.,,17: 56 PRGE.01 C[TY OF MERIDIRN DR7E TIME TO/FROM 12 09/06 17 55 PUBLIC WORKS MODE MIN/SEC PGS CMDtt STRTUS EC--S 01'13" 004 046 OK _ P ~~. PDSfi ~~ P~h~;~ ~~w -~~~~ CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, September 6, 2005 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Merldian, Idaho 1. Roll-call Attendance: Shaun Wardle Christine Donnell Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Kevin Moyer, with Meridian First Baptist _ Church: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of qugust 9, 2005 City Council Regular Meeting: B. Approve Minutes of August 16, 2005 Cily Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: VAR 05.015 Request for a Variance to allow a reduced front setback and approve the removal of the deed restriction placed on this lot for Bedford Place Subdivision by Brighton Corporation - 596 East Edgar Street: D. Findings of Fact and Conclusions of Law for Approval: VAR 05-016 Request for a Variance for the reduction of parking spaces required and modification of parking lot landscaping requirements for Mike Palmer by Mike Palmer - 1524, 1608 and 1616 North Meridian Road: E. Findings of Fact and Conclusions of Law for Dental: AZ OS- - 020 Request for Annexation and Zoning of 2.3 acres to L-O zone for gshtvn Park by David Price - SWC of North Meridian Road and West Ustick Road: Meridian City Council Meeting Agenda- September 6, 2005 Page 1 of 4 All materials presentetl at public meetings shall become property of the City of Meridian. ' Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 8884433 at least 48 hours prior la the public meeting,