2015-08-18(�>WE+ CITY COUNCIL REGULAR
MEETING AGENDA
City Council Chambers
33 East Broadway Avenue
Meridian, Idaho
Tuesday, August 18, 2015 at 6:00 PM
1. Roll -Call Attendance
X David Zaremba X Joe Borton
O Charlie Rountree X Keith Bird
X Genesis Milam X_ Luke Cavener
X Mayor Tammy de Weerd
2. Pledge of Allegiance
3. Community Invocation by Larry Woodard at Ten Mile Christian Church
4. Adoption of the Agenda Adopted
5. Consent Agenda Approved
A. Approve Minutes of July 21, 2015 City Council Budget Workshop Meeting
B. Agreement for Street Light and Electrical Maintenance for Historic Light to
be Installed at 52 E. State Ave. by Jackson Food Stores, Inc.
C. Ada County Juvenile Detention Center Water Easement
D. Resolution No. # 15-1083: Resolution Adopting the Annual Rate
Adjustment for the Solid Waste Collection Services by Republic Services,
Inc.
E. Resolution No. # 15-1084: Resolution for Destruction of Semi-permanent
and Temporary Records of the Public Works Department.
6. Items Moved From Consent Agenda
7. Action Items
A. Public Hearing: MDA 15-008 Jump Time by ALG Architecture Located Near
the Intersection of E. Franklin and S. Eagle Roads Request: Modification to
the Development Agreement to Amend the Recorded Development
Meridian City Council Meeting Agenda—Tuesday, August 18, 2015 Page 1 of 2
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Agreement (DA #111006191) for the Purpose of Modifying the Approved
Concept Plan and Specific Provisions
Continued to August 25, 2015
B. Public Hearing: RZ 15-009 Earl Glen by Brinegar Investments, LLLP
Located North Side of E. McMillan Road and East of N. Locust Grove Road
Request: Rezone Approximately 1.65 Acres from the R-8 (Medium -Density
Residential) Zoning District to the R-15 (Medium High -Density Residential)
Zoning District Approved
C. Public Hearing: PP 15-011 Earl Glen by Brinegar Investments, LLLP
Located North Side of E. McMillan Road and East of N. Locust Grove Road
Request: Preliminary Plat Approval of Three (3) Multi -Family Residential
Lots, Seventeen (17) Single Family Residential Lots and Three (3) Common
Lots on Approximately 4.65 Acres in the R-8 and Proposed R-15 Zoning
Districts Approved
D. Public Hearing: CUP 15-015 Earl Glen by Brinegar Investments, LLLP
Located North Side of E. McMillan Road and East of N. Locust Grove Road
Request: Conditional Use Permit for a Multi -Family Development
Consisting of Sixteen (16) Dwelling Units in the Proposed R-15 Zoning
District Approved
E. Public Hearing: MDA 15-006 Earl Glen by Brinegar Investments, LLLP
Located North Side of E. McMillan Road and East of N. Locust Grove Road
Request: Development Agreement Modification to Change the
Development Plan from Single Family Detached and Attached Homes to all
Single Family Detached Homes and a Sixteen (16) Unit Multi -Family
Development Approved
F. Public Hearing: AZ 15-007 Sovi Subdivision by DevCo, LLC Located 3515 S.
Eagle Road Request: Annexation of Five (5) Acres of Land from the RUT
Zoning District in Ada County to the R-15 (Medium -High Density
Residential) Zoning District Approved
G. Public Hearing: PP 15-010 Sovi Subdivision by DevCo, LLC Located 3515 S.
Eagle Road Request: Preliminary Plat Approval Consisting of Thirty -Six
(36) Single Family Residential Lots and Seven (7) Common Lots on
Approximately Five (5) Acres in a Proposed R-15 Zoning District Approved
with amendments
8. Future Meeting Topics None
/_T: t 1.77<I'i iTl: FT1�i"�Ti ■ � t�� l
Meridian City Council Meeting Agenda —Tuesday, August 18, 2015 Page 2 of 2
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Meridian City Council August 18, 2015
A meeting of the Meridian City Council was called to order at 6:02 p.m., Tuesday, August
18, 2015, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Keith Bird, David Zaremba, Joe Borton ,
Genesis Milam and Luke Cavener.
Members Absent: Charlie Rountree
Others Present: Bill Nary, Jacy Jones, Caleb Hood, Bill Parsons, Clint Dolsby, Tracy
Basterrechea, Chris Amenn, and Dean Willis.
Item 1: Roll-call Attendance:
Roll call.
X _ David Zaremba X _ Joe Borton
___ Charlie Rountree X_ Keith Bird
__X__ Genesis Milam __X__ Lucas Cavener
_X Mayor Tammy de Weerd
De Weerd: Thank you all for joining us. We appreciate you being here. I will go ahead
and start our regular City Council meeting. It is Tuesday, August 18th. It's two minutes
after 6:00. We will start with roll call attendance.
Item 2: Pledge of Allegiance
De Weerd: Thank you. Item No. 2 is the Pledge of Allegiance. If you will all rise and join
us in the pledge to our flag.
(Pledge of Allegiance recited.)
Item 3: Community Invocation by Larry Woodard at Ten Mile Christian Church
De Weerd: Item No. 3 is our community invocation. Tonight we will led by Larry
Woodard. He is with Ten Mile Christian Church, formerly known as Cherry Lane Christian
Church. I will never forget that one. So, if you will all join us in the community invocation
or take this as an opportunity for a moment of reflection. Thank you for joining us, Larry.
Woodard: It's my pleasure. I was at a different city last night and it's a pleasure to be
here. But we did win. Our Dear Heavenly Father, it's always good to pause in our busy
schedules to recognize you as our Heavenly Father and ask for your blessing as our
Council is prepared to take up important city business. I pray tonight for wisdom for these
city leaders. According to Webster wisdom is the state of being wise -- of discerning wise
choices, of applying scholarly knowledge to an issue. We here in Meridian have been
blessed over the years with leaders who typify wise counsel. Our city is growing. People
Meridian City Council
August 18, 2015
Page 2 of 23
are flocking to our town and so far our infrastructure is keeping pace with development. I
pray for the health of our leaders and their families. These folks who are elected to lead
and that takes them away from their families for many hours each week. I pray that you
would keep them safe and healthy. I learned just recently of a new way that things are
treated in Meridian. It's called the Meridian Way. I talked to a policeman who was
recognized for having gone the extra mile and I was pleased to hear about this program.
What a nice way to recognize our city employees who do something extra for our families.
Lastly, I worry about our embattled school administration and pray that the same
cooperation we see in this Council chamber will also been common in our school
administration. With school starting in just a few days I pray for the teachers, staff,
business -- bus drivers and students of our city. Lord, just keep them safe this year.
Lastly I pray for our military personnel from Idaho and their families. Many were deployed
for training this past month, including my great granddaughter. Having been in the
military, the desire these young men and women have to do their best is a common
attribute. Keep them safe and should they be called to go into combat zones, I pray your
hand would cover them and protect them. Be with us tonight and bless all in attendance,
in Jesus' name, amen.
De Weerd: Thank you for that nice opening to our meeting.
Woodard: Thank you.
De Weerd: I guess I would also add one that you missed is our firefighters. We have had
a number of wild land fires that have been quite scary to property owners, homeowners.
We have lost a lot of land to that. So, thank you for the timely reminder.
Item 4: Adoption of the Agenda
De Weerd: Item No. 4 is adoption of the agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: On Item 5-D the resolution number is 15-1083. On Item 5-E the resolution number
is 15-1084. And Item 7-A has been asked to be continued to August 25th by the
applicant. And with that I would move that we accept the agenda as noted.
Zaremba: Second.
De Weerd: I have a motion and a second to adopt the agenda as amended. Madam --
oh, I'm sorry. All those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Item 5: Consent Agenda
Meridian City Council
August 18, 2015
Page 3 of 23
A. Approve Minutes of July 21, 2015 City Council Budget Workshop
Meeting
B. Agreement for Street Light and Electrical Maintenance for
Historic Light to be Installed at 52 E. State Ave. by Jackson Food
Stores, Inc.
C. Ada County Juvenile Detention Center Water Easement
D. Resolution No. # 15-1083: Resolution Adopting the Annual Rate
Adjustment for the Solid Waste Collection Services by Republic
Services, Inc.
E. Resolution No. # 15-1084: Resolution for Destruction of Semi-
permanent and Temporary Records of the Public Works
Department.
De Weerd: Item 5 is our Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: As stated in the agenda, the two resolution numbers 15-1083, 15-1084, and with
that I move we approve the Consent Agenda and for the Mayor to sign and the Clerk to
attest.
Zaremba: Second.
De Weerd: I have a motion and a second to adopt the Consent Agenda. Madam Clerk,
will you call roll.
Roll Call: Rountree, absent; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener,
yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Item 6: Items Moved From Consent Agenda
De Weerd: There were no item moved from the Consent Agenda.
Item 7: Action Items
Meridian City Council
August 18, 2015
Page 4 of 23
A. Public Hearing: MDA 15-008 Jump Time by ALC Architecture
Located Near the Intersection of E. Franklin and S. Eagle Roads
Request: Modification to the Development Agreement to Amend
the Recorded Development Agreement (DA #111006191) for the
Purpose of Modifying the Approved Concept Plan and Specific
Provisions
De Weerd: Item 7-A is a public hearing on MDA 15-008. They have asked for a
continuance on this item. I will open the public hearing. Council, if you so choose we can
-- I would entertain a motion to continue this to August 25th.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Is there anybody here that --
De Weerd: Is there anyone here for this item? Okay.
Bird: If not, I move that we continue MDA 15-008 to August 25th, 2015.
Borton: Second.
De Weerd: I have a motion and a second to continue Item 7-A until August 25th. All
those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
B. Public Hearing: RZ 15-009 Earl Glen by Brinegar Investments,
LLLP Located North Side of E. McMillan Road and East of N.
Locust Grove Road Request: Rezone Approximately 1.65 Acres
from the R-8 (Medium-Density Residential) Zoning District to the
R-15 (Medium High-Density Residential) Zoning District
C. Public Hearing: PP 15-011 Earl Glen by Brinegar Investments,
LLLP Located North Side of E. McMillan Road and East of N.
Locust Grove Road Request: Preliminary Plat Approval of Three
(3) Multi-Family Residential Lots, Seventeen (17) Single Family
Residential Lots and Three (3) Common Lots on Approximately
4.65 Acres in the R-8 and Proposed R-15 Zoning Districts
D. Public Hearing: CUP 15-015 Earl Glen by Brinegar Investments,
LLLP Located North Side of E. McMillan Road and East of N.
Locust Grove Road Request: Conditional Use Permit for a Multi-
Family Development Consisting of Sixteen (16) Dwelling Units in
the Proposed R-15 Zoning District
Meridian City Council
August 18, 2015
Page 5 of 23
E. Public Hearing: MDA 15-006 Earl Glen by Brinegar Investments,
LLLP Located North Side of E. McMillan Road and East of N.
Locust Grove Road Request: Development Agreement
Modification to Change the Development Plan from Single
Family Detached and Attached Homes to all Single Family
Detached Homes and a Sixteen (16) Unit Multi-Family
Development
De Weerd: Item 7-B, C and D and E are all public hearings on RZ 15-009, 15-011, CUP
15-015, MDA 15-006. I will open these public hearings with staff comments.
Parsons: Thank you, Madam Mayor, Members of the Council. The hearing item before
you this evening is the Earl Glen Subdivision. The property consists of 4.65 acres of land
and is currently zoned R-8 within the city limits. This property was before you in 2006
known as the Portico Place Subdivision. At the time that the applicant came before you
they were proposing a 26 lot residential subdivision that consisted of a mix of townhomes
and single family homes and that was what was tied to -- to the recorded development
agreement with the annexation of the property. I would let Council know that the DA
remains in effect for this property. However, the preliminary plat that you approved back
in '06 has expired and so the applicant is here tonight to discuss a new preliminary plat
before you this evening. A rezone, a conditional use permit, and a DA modification. The
plat itself will consist of 17 residential lots, three multi-family lots, and three common lots.
Seventeen single family lots, again, will -- 17 of the lots will be single family and, then, the
multi-family portion and the re-zone of this property from the R-8 to R-15 zoning district is
located along the McMillan Road frontage here. You can see here there will be two four-
plex structures and one eight-plex structure, for a total of 16 units, as requested under that
conditional use permit. What makes this project unique to what you have seen in the past
is the applicant is actually providing more open space and amenities than required by the
UDC, to be shared by the entire development. So, the plan this evening shows
approximately .79 acres of open space, which will consist of an internal walking path, a
horseshoe pit, a covered patio structure and both -- again, this open space will be served
not only for the single family residential development, but also the multi-family that's
planned along the McMillan Road frontage. Access to this development is from East
Beethoven Drive, which is -- a portion of it is currently constructed I believe with the
Maverick store, which is just to the west of this proposed development. The applicant will
be extending that street network into the development and providing local street access to
the single family and the multi-family homes in accordance with the UDC. One of the off-
sight improvements that the applicant is proposing is to extend this stub street here that
will also allow Sheridan Subdivision to the east -- along the east boundary of this project
to take local street access to the planned commercial development at Locust Grove and
McMillan as well. So, not only are we getting connectivity for this development, but it's
also providing vital connectivity to the property to the east. The multi-family units
themselves meet the parking requirements and because there will be shared parking and
-- parking across the buildable lots there is a condition in the staff report that requires the
applicant to provide cross-access, either by a note on the plat or a separate recorded
instrument number, so that everyone within the multi-family development will have the
Meridian City Council
August 18, 2015
Page 6 of 23
right to cross -- access to property and share the parking within the proposed
development. Here are the examples of the elevations for you this evening. This will be
the multi-family elevations. You can see here there are a mix -- mixture of materials as
envisioned under the UDC. Similar elevations can be found at McMillan and Linder with
the development that you approved known as Sawtooth Village and, the n, these are the
single family elevations for the 17 residential lots here. Staff does have a recommended
provision in the development agreement that all elevations shown to you tonight
substantially comply with that and staff will verify -- at least the multi-family portion staff
will probably work with the applicant a little bit more closely on aligning them with the
design standards, but the single family has to comply with the proposed elevations this
evening. So, in this graphic before you this evening here are the proposed changes to the
development agreement, as I mentioned to you earlier in my presentation. There was a
development agreement that ties them to their elevations and their preliminary plat back in
2006. Because there are changes this evening before you we are modifying section four
of the development agreement that speaks to the number of lots with the rezone and the
preliminary plat and the conditional use permit and, then, also at the time that the
preliminary plat was before you, the existing home that is currently on that sight was to
remain as part of the development and so a lot of these provisions that you see here
struck out in this line pertaining to that home remaining as part of that development and
since it will now be removed with the new proposal before you this evening, a lot of these
DA provisions aren't applicable and so they need to be removed or stricken from that DA
since. So, staff is recommending two new DA provisions as part of the amended DA.
One is requiring the applicant to comply with their preliminary plat, the landscape plan,
and the conceptual elevations you saw this evening and, then, also we want to make it
clear as part of the record that the open space and the amenities will be tied to the entire
development -- will be shared between both the single family and the multi-family as part
of a cohesive development and that's so really what DA provision number seven speaks
to. Summary of the Commission hearing we had -- the Planning and Zoning Commission
did recommend approval of this project to you. Testifying in favor was Lance Warnick.
No one testified opposition of the project. Mr. Warnick also provided his recommendation
-- or his occurrence -- concurrence with staff 's recommendation in the staff report and all
conditions of approval. No items of discussion were presented at the Commission hearing
and there are recommendations -- or changes to staff's recommendations to discuss with
you this evening and there aren't any outstanding issues for you either. Since the
Planning and Zoning Commission we did receive written testimony from the applicant's
representative Lance Warnick. Again, he's in agreement with all conditions of approval in
the staff report. With that I will stand -- I will conclude my presentation and stand for any
questions you may have.
De Weerd: Thank you, Bill. Council, any questions for staff at this time?
Bird: I have none.
De Weerd: Okay. Hi, Lance. If you will, please, state your name and address for the
record.
Meridian City Council
August 18, 2015
Page 7 of 23
Warnick: Thank you very much. For the record my name is Lance Warnick. I'm a
professional engineer with Aspen Engineers. Business address is 485 West Main Street
in Kuna. 83634. I'm here tonight as the applicant's representative Brinegar Investments,
LLC. As always I do want to thank staff, particularly Bill for working with us on this project.
He covers things so well. It gives me an opportunity to say less up here and I appreciate
that. We have actually been working on this property in this configuration and some
variations of it for about a year. We actually sent in application for this very property last
year that had the south portion being commercial. In talking things over with city staff and
the developer, we realized the wisdom of changing the application and we have gone with
this multi-family component on the south -- the south as well with what I think the city
wants to see, as well as it provides -- helps provide a buffer for the single family
residences from the Maverick Store that we have over on the west portion, the big Idaho
Power facility we have got on the south side of McMillan, as well as the traffic on
McMillan. I'm actually the engineer that did that project that Bill talked about, Sawtooth
Village that's going -- that's under construction right now at the corner of Linder and
McMillan and these buildings are being done by the same architect. They look nice. If
you have a chance to look at the elevations or the buildings they look -- look much like a
single family home from the side. Each side, essentially, has a unique entry coming into
them and a lot of modulation and so I commend the developer for putting that forward.
Essentially, you know, what we are asking for is approval of the rezone to allow that multi-
family on the south. The preliminary plat with the 17 single family lots and three multi-
family lots. The comp plan -- excuse me. Not comp plan. The conditional use permit --
too many C's. For the apartments and, then, the development agreement and as staff has
stated we are in agreement with the recommended conditions and just simply ask that you
approve our request tonight and with that I would stand for any questions. Thank you.
De Weerd: Thank you. Council, any questions?
Bird: I have none.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: When we look on what's on the screen now, will you point out the trash
enclosure. Is that it right as you turn into the entrance? I know there is reference to that in
the staff report about its location.
Warnick: Yes. Madam Mayor, Members of the Commission. The -- I'm lousy when I'm
using this thing, but, yes, it's right where the street curves and it goes straight north, there
is a trash -- yes. Right where that cursor is moving now. That's the trash enclosure
location and they have requested it be -- we look at some options with that, so --
Borton: Madam Mayor? So, what has that done? In relation to what we are doing tonight
as far as -- if that might be relocated somewhere? The reference was that i t was, you
Meridian City Council
August 18, 2015
Page 8 of 23
know, right as you turn into the -- into those units, the first thing you do is turn into the
trash enclosure. Is that --
Warnick: Yeah. Madam Mayor, Members of the Council, I believe we could address the
specific location for that trash enclosure as part of the design review and certificate of
zoning compliance that would be issued when these projects are actually submitted.
There is some other things talking about -- I have got an area in the parking lot with
buffers 4.8 feet and I need to widen that out to five, so there will be some tweaks that we
will be making, but staff will have that opportunity to provide feedback, as well as the trash
folks having to approve that trash location, so --
Borton: Okay.
Warnick: Thank you.
De Weerd: Any other questions? Okay. Thank you.
Warnick: Thank you.
De Weerd: Okay. I did have someone sign up. Penelope Riley. Thank you. Is there
anyone who would like to provide testimony on this item? Okay. Council?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Seeing that we have no more public testimony or anything need ed through the
public, I move we close RZ 15-009, FP 15-011, CUP 15-015 and MDA 15-006.
Milam: Second.
Zaremba: Second.
De Weerd: I have a motion and a couple seconds to close the public hearing on these
items. All those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve RZ 15-009 and to include all staff, applicant, and public
testimony.
Borton: Second.
Meridian City Council
August 18, 2015
Page 9 of 23
De Weerd: I have a motion and a second to approve Item 7-B. Any discussion from
Council? Madam Clerk, will you call role.
Roll Call: Rountree, absent; Bird, yea; Zaremba, yea; Borton , yea; Milam, yea; Cavener,
yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve PP 15-011 and to include all staff, applicant and public
testimony.
Zaremba: Second.
De Weerd: I have a motion and a second to approve Item 7-C. If there is no comment,
Madam Clerk.
Roll Call: Rountree, absent; Bird, yea; Zaremba, yea; Borton , yea; Milam, yea; Cavener,
yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
De Weerd: Item 7-D.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve CUP 15-015 and to include all applicant, staff, and public
testimony.
Zaremba: Second.
De Weerd: I have a motion and a second to approve Item 7-D. Any discussion? Madam
Clerk.
Roll Call: Rountree, absent; Bird, yea; Zaremba, yea; Borton , yea; Milam, yea; Cavener,
yea.
Meridian City Council
August 18, 2015
Page 10 of 23
De Weerd: All ayes. Motion carried.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Before I make the motion, I want to -- Bill, you and the applicant have done a great
job on this. This is -- this is a real addition to that area out there and it's something that's
very practical at that location, so I appreciate that. With that I move we approve MDA
15-006 and to include all applicant, staff, and public testimony and that would be --
includes the changing of section four in the MDA.
Borton: Second.
De Weerd: I have a motion and a second to approve Item 7-E. Do I have any
discussion? I will say, please, tag this part of the minutes that Mr. Bird actually likes a
multi-family development. Just wanted to specifically note that. Madam Clerk, will you
call roll.
Roll Call: Rountree, absent; Bird, yea; Zaremba, yea; Bo rton, yea; Milam, yea; Cavener,
yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
F. Public Hearing: AZ 15-007 Sovi Subdivision by DevCo, LLC
Located 3515 S. Eagle Road Request: Annexation of Five (5)
Acres of Land from the RUT Zoning District in Ada County to the
R-15 (Medium-High Density Residential) Zoning District
G. Public Hearing: PP 15-010 Sovi Subdivision by DevCo, LLC
Located 3515 S. Eagle Road Request: Preliminary Plat Approval
Consisting of Thirty-Six (36) Single Family Residential Lots and
Seven (7) Common Lots on Approximately Five (5) Acres in a
Proposed R-15 Zoning District
De Weerd: Okay. Item 7-F and G are public hearings on AZ 15-007 and PP 15-010. I
will open these two public hearings with staff comments.
Parsons: Thank you, Madam Mayor, Members of the Council. Next item on the agenda
is the Sovi Subdivision. This site consists of 5.08 acres of land as part of the annexation
boundary and the preliminary plat itself is 4.86 acres. It's currently RUT in Ada County.
Meridian City Council
August 18, 2015
Page 11 of 23
The applicant is requesting to annex this property into the city with the R-15 zoning
district. Currently you can see surrounding this development we have a school to the
west boundary, which is zoned R-4. Medford Place Subdivision, zoned R-8 on the north
boundary. We have got Eagle Road on the east boundary and, then, on the west
boundary -- or, excuse me, the south boundary we have a platted common lot with the
Tuscany Subdivision and, then, East Rome Drive. Currently the house -- the site is
developed with a county residence that will be removed upon development of this
property. The applicant is proposing to preliminary plat this project with 36 residential lots
and eight common lots. Primary access to the development will come in from -- will be
extended from South Milan Avenue here and, then, extension of some internal local
streets, which have been approve by ACHD with this layout. Secondary access will be
provided to East Rome Drive by a common drive and, then, an emergency access across
the common lot. During the Planning and Zoning Commission hearing staff had
recommended that the applicant extend the street to the south boundary, so that it could
be -- there could be a potential partnership for ACHD and the city to pursue a roadway
connection across the common lot in the future. During that hearing the Planning and
Zoning did remove that requirement to extend the street. So, the plat that's before you
this evening did show you what the Planning and Zoning Commission did approve as part
of their recommendation for you this evening. A landscape plan is to the -- on the right for
you to look at. Because the site is just slightly under the five acre minimum, the applicant
is not required to provide ten percent open space as required by the UDC. As part of --
prior to going on before the Planning and Zoning Commission, again, staff had some
concerns with the open space proposed for this development and some connection s to
the school site. In the Commission rec prepared for you this evening certainly the
applicant was able to work through some of those challenges that were brought up in the
staff report and so the plans that are before you this evening do reflect a lot of the
concerns that have -- that staff brought up in the staff report and these were also
addressed prior -- or at the Planning and Zoning Commission as well and that's why
originally staff was recommending denial of this project when we took this forward to the
Planning and Zoning Commission. But because of the work that the applicant was able to
do prior to that hearing, the Planning and Zoning Commission felt comfortable to provide a
recommendation of approval to you this evening with conditions that are currently
represented in the staff report. So, one of our concerns was, again, the open space and
how -- originally when we were doing the applicant's survey of this project, we were
concerned that there was a no man's strip along the west boundary of this project. The
applicant worked hard and was able to incorporate that sliver into the proposed
development. Now how is that to function? The applicant will have to explain that to you
and based on how they would acquire the property. In our discussions with the applicant
there are some concerns that this property isn't insurable, but there are some
opportunities for the applicant -- the applicant to, basically, through the CC&Rs, deed that
to these property owners or at least give them a prescriptive use agreement -- use
easement for the adjacent homeowners to use that in perpetuity as part of their -- their lot
forever and ever. But, again, I will let him explain his dilemma with the company on how
those are to function as part of the subdivision moving forward and that certainly is an
outstanding issue that you need to take under consideration this evening. The applicant
did provide some home elevations for you. This -- the home elevations that are presented
Meridian City Council
August 18, 2015
Page 12 of 23
to you this evening represent what was approved with the Zolterra Subdivision, which is
currently under construction behind the Capital -- Capital Christian there off of Fairview
and Hickory. The applicant is requesting that R-15 zoning district, so that they are able to
take advantage -- not only for an in-fill project, but also take advantage -- or get some
relief from the dimensional standards of the R-8 zoning district. So, comprehensive plan
for this project is currently designated medium density residential. We anticipate densities
between three and eight dwelling units to the acre, even though the applicant is
requesting we step up in zoning to the R-15 zoning district, this project does come in at an
overall density of 7.55 dwelling units to the acre. So, it does fall within the density range
of that comprehensive plan. I think that's what the applicant is trying to achieve here. You
can with Metra Place we have a combination of single family and multi-family. We have
lower density to the south. We have some lower density on the other side of Eagle Road,
but the applicant wants to take advantage of not only this product type, but also maximize
their density on this in-fill piece of property. As part of the annexation request staff is
recommending that a development agreement be part of the annexation approval. The
first DA provision that we are recommending this evening would be the inclusion that they
comply with the plans that are showing to you this evening. On that open space that is
located in the north -- I guess southwest corner of the development, the applicant is
proposing a covered picnic shelter. They have been working closely with the school
district on getting a pedestrian connection to the school site on the west boundary as well
and that is part of the approval. And, then, of course, you have seen the elevations. This
particular project will have a combination of attached product and detached product. So,
we want to make sure that they construct those homes as they are showing -- as they are
representing them to you this evening and, then, also because some of those lots are
visible from the adjacent corridor, the arterial streets, we want to make sure that staff
looked at those prior to them getting a building permit and that those elevations that back
up against Eagle Road have some modulation and some mix of materials, so that you
don't have a blank façade up against the arterial roadways and that's pretty typical from
what you have seen from staff over the last couple months with the public hearing items.
So, just summarizing what's happened or transpired since the Planning and Zoning
Commission hearing -- again, they -- staff's original recommendation was for denial on this
project. Again, the hard work that the applicant did, the Commission recommended
approval of the project before you this evening. Testifying in favor of this application was
Jim Conger. Jim Conger also provided written testimony on the staff report. Again, he
wasn't thrilled with the denial. Ann Marie Baird, Steven Yearsley, and Jerry and Judy
Farrell submitted written testimony on the application as well. It's probably the most
important key item of discussion by the Commission was that vehicular connectivity to
East Rome Drive and how that would function in the future. As I mentioned to you the
Planning and Zoning Commission did overturn that commission -- condition of approval
and did not require the stub street as recommended by staff. So, really, there are two
outstanding issues for you this evening -- one, as the condition is written in the staff report
-- and that is condition of approval 1.2.2A, it does still require Council action to either
strike that condition or leave it as stands -- as it's written in the staff report. Currently it still
requires the stub street. I would mention to you that ACHD -- in working -- talking with
ACHD, in speaking with the Tuscany homeowners a ssociation, they are not in favor of
that stub street. They have provided written testimony. ACHD feels there is no public
Meridian City Council
August 18, 2015
Page 13 of 23
value for a stub street along the south boundary and that's why they didn't require it as
part of their review and Planning and Zoning Commission didn't feel -- because ACHD
wasn't pushing for it, they didn't feel they had the authority to require it as well. Now, I
would mention to Council that there are other opportunities for connectivity there. As we
go back up to the aerial there is a stub street and there is another piece of property that
could annex into the city. There are stub streets from both developments on the west and
east boundary that could provide some more connectivity to that area and allow parents to
get kids to the school site. But without having that pedestrian connectivity here the only
way at this point for kids -- is parents were to drive their kids to school they would have to
turn onto Eagle Road, back onto East Rome, and drive them to the school site. So, keep
that in mind as well. And, then, the other outstanding issue for you to take under
advisement is how you would like the applicant to address those two common lots along
the west boundary, as I mentioned to you in my presentation. Currently those are
common lots. It would be staff preference that those be incorporated into the adjacent
buildable lots, but given the challenge that the applicant faces with the title company they
may be better served just to designate those as nonbuildable lots and have the applicant,
through their CC&Rs allow those adjacent homeowners to use those in perpetuity as part
of their side yard and not allow any fencing across those -- that area and leave it open.
With those two items, again, staff is -- as Planning and Zoning Commission and staff are
recommending approval of this -- or Planning and Zoning Commission did recommend
approval of this project and staff would like you to act on those t wo outstanding issues.
With that I will conclude my presentation and stand for any questions you may have.
De Weerd: Thank you, Bill. Council, any questions?
Bird: Not at this point.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: Bill, what is the proposed gross density?
Parsons: Yeah. As I -- Madam Mayor, Members of the Council, as I stated in my
presentation, it's 7.55 dwelling units to the acre.
Milam: Okay.
Parsons: So, it's on the high end.
Milam: Seven point --
Parsons: 7.55.
Milam: -- Five five. Thank you.
Meridian City Council
August 18, 2015
Page 14 of 23
De Weerd: Okay.
Cavener: Madam Mayor?
De Weerd: Yeah, Mr. Cavener.
Cavener: Bill, what -- what was the Tuscany HOA's opposition to the street connection? I
didn't see it in the HOA's letter, specifically what their objection is.
Parsons: Madam Mayor, Members of the Council, I -- a little background on this.
Originally when Tuscany came through staff's position on that was that would be a stub
street connection. It was meant to be a public road. That was the intent. As part of the
conditions of approval of Tuscany development, the developer at that time was given an
option. Either provide a stub street or provide a cross-access easement to that property.
Well, the developer choose the route of providing a 50 foot wide cross-access easement
to this particular property and now that it's a platted common lot with a private easement,
ACHD felt like they didn't have jurisdiction over the land or it requires a stub street.
Planning said if you got something from writing we would still have to bring it in -- bring it
up in our staff report, but we need something in writing from the HOA. So, they just don't
want anyone -- any cut-through traffic -- anymore traffic on their -- on a public street that's
meant for the public to use. So, that's their stance on it. They just did not want any cut-
through traffic through their development.
Cavener: Okay. Thanks.
De Weerd: Okay. Any other questions? Would the applicant like to make comment?
Again, if you will, please, state your name and address for the record.
Conger: Thank you. Yes, Madam Mayor, Members of the Council. Jim Conger, 4824
West Fairview Avenue, here in front of you. Thanks for letting us come back again. This
time we have a Sovi -- Sovi Subdivision. Bill is bringing mine up. So, usually we are on
some bigger parcels. We are excited to be in front of you guys today with a -- with a true
in-fill, one of the last parcels in this area that's up for development. It's going to have, as
Bill indicated, similar product or identical product to our Solterra Subdivision that's
currently being built near Eagle and Fairview. As you can see with this in-fill come a
bunch of great public benefits -- will annex this last piece of the county and get it in the
city. We are going to give the cross-connection of this long awaited sidewalk that's the
last stretch on Eagle Road that is missing. We have got the school, which a lot of people
are worried about driving to. We have the connection point that the school -- you know,
has got the YMCA in the front and the school off the side. We are less than a half a mile
to a world class city park that's inside the existing neighborhood of Tuscany and Messina.
We just -- I mean there is point after point of benefits with this last in-fill in this area that
makes this property extremely advantageous. This is what you're getting rid of. You're
getting rid of the county property, the old house, the area that doesn't have a water right,
that has water delivery. Last year this -- this final fence that's right here is less than one
year old. They caught it on fire and it burned down the HOA's vinyl fence. So, there is a
Meridian City Council
August 18, 2015
Page 15 of 23
plethora of reasons why this in-fill is very positive and which will stand to one of my points
of why you won't see neighbors here tonight. We have had several neighborhood
meetings. We have had a meeting with the HOA board, which we will talk about in a
minute, over the connection of this road. There has been lots of touches with the
neighbors and they -- I mean, obviously, we had a couple letters early, but nobody at the
Planning and Zoning hearing and I doubt we will have anybody here tonight because of
how positive this last little in-fill to become the City of Meridian is. Again, this is just talking
about -- I said it a little bit earlier, that the park that's literally less than a mile away --
again, the elementary school and everything that comes along -- all the positives that
come along with that for this property. Single level. There was discussion at Eagle Road.
Tahoe is a big driver in trying to keep some of the various entries and things of that nature
down to single level, so we will have the single level product not only at -- down Eagle
Road, which is there, also the entry into Tuscany and Messina Meadows at that point.
Gap strip I will hit really quick. It's these two portions of green and, of course, this little
strip right here. This was missed 30 to 40 years ago in a deed. The legal description
changed. It's a five foot strip. We didn't think it was ours forever. It did become ours.
The lawyers have already converted that over -- got it deeded over and it's part of the
sale, so that -- those, again, don't -- don't need to be long and drawn out. They will be
landscaped. We will most likely make them part of these lots as use easements would
make the most sense, because they are only five feet wide. They look big, spacious and
green on the map. Again, they are five feet wide. Kind of moving into the next part. I
don't need to go into that as much. We are a little frustrated. We don't understand the
staff report. We had a very good meeting at the Planning and Zoning Commission. We
don't quite feel the staff report gave you a proper summary. Obviously, I wrote a letter
that hopefully got in the packets on Monday of what was approved -- not approved, but
recommended for approval. Obviously, they are a recommending body. We know that.
So, I think there is still two issues on the table that I just want to make sure everybody on
the Council is crystal clear on and that is the stub road to Rome that staff is still -- still
talking about wanting you to -- to approve that condition. I'm going to run you through --
this will be the longest part of the speech. Obviously in 2001, which is not that long ago,
that wasn't a very good condition that was put upon them. The ingress-egress easement
that is put on that plat is for private use only. The Ada County Highway District's legal
department will not allow a public road to go over that. They don't have a legal right to go
over that easement. It is a -- for private use only. So, that area we are talking about is
right here. Clearly nobody buying in that neighborhood is looking at a plat and
understanding the easements. That is what you see today and that is what -- and, hey, if
that was public easement we would be connecting the road and we wouldn't be having
this discussion. As you see and look down, that same area is right there. There -- there
is no public easement that exists. So, what city staff said originally was you go meet with
the HOA and you get an easement and we said, well, you probably know the odds of that
are probably pretty slim. But we -- we went on that direction and we went and, obviously,
that -- that didn't occur. So, ACHD created a staff report that said we are not going to
support that road stub, so if you give this applicant in the City of Meridian a condition to
adhere with ACHD, they are never going to -- it's going to be a do loop. You're never
going to adhere with that condition. So, two days before Planning and Zoning -- because
staff continues to want this condition, ACHD wrote another letter -- or in an e-mail to city
Meridian City Council
August 18, 2015
Page 16 of 23
staff saying we -- we are going on record again. We will never support a stub road to the
south and you can continue to read it. Tuscany, which this is in the file, I had a board
meeting, I went in, I gave all the reasons of the good connectivity, why they ought to do it,
I didn't get thrown out, but it was pretty close. But they did take a board vote and, then,
provided this documentation to the City of Meridian and myself, stating we have voted, we
will never, you know, allow a public easement across this. So, we -- we continue to fight --
fight this. It would be a condition that we can adhere to. If we stub a road to nowhere,
ACHD is not going to even allow that stub -- stub for possibly even a hundred years or
maybe an easement. ACHD is not going to support that either, because they aren't going
to spend taxpayers' monies maintaining a road to nowhere for a hundred years and that's
about how they explained it. So, that would be very good for the community and very
good for us if that was able to be connected and we would do it, but it's just not an option.
I'm starting to feel like I'm beating a dead horse, but we have --
De Weerd: I think you are.
Conger: -- we have been beating this horse for two months, so I -- I would love to get rid
of it. The second item is -- there is a condition 1.1 -- or 1.1.5. I have not seen a condition
like this. You guys have to approve the common driveways. We actually designed this
and what's submitted in front of you today adheres with the Unified Development Code, so
we don't understand that condition, but we would like you to definitely -- in your motion,
much as the Planning and Zoning Commission did, they approve d the layout that adheres
with the Unified Development Code. I think in closing and circling back to a little more
positive, this project -- we had a great in-fill neighborhood that you like and the existing
infrastructure with the streets, the sewer, the water -- everything is there. We are building
very nice, well appointed homes that are put next to the school and there is a park next to
the church and several good businesses along Eagle Road. So, in closing, we
respectfully -- respectfully request tonight that you approve the conditions that were
moved forward with you with the Planning and Zoning Commission, which deleted
condition 1.12A and approve the common drives in 1.1.5 that we designed per the Unified
Development Code. And I would stand for any questions.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Jim, what is the -- your size of lots out there?
Conger: Yeah. Madam Mayor, Council Member Bird, these lots range from 40 foot by
105, so 45 -- 4,100 square feet and the -- and the detached homes are 32 foot by 105.
So, end up being 3,400 square feet.
Bird: Thank you.
De Weerd: Okay. Any other questions from Council?
Meridian City Council
August 18, 2015
Page 17 of 23
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: I'm going to belabor it just a bit. Who -- who is the beneficial user of that
easement?
Conger: Yes.
Borton: Who is it intended for?
Conger: Council -- or Madam Mayor, Council Member Borton, that easement, which is
only written as a plat note on a plat that was recorded in 2001, is -- is that area, of course,
that we are talking about and it is just a common ingress-egress easement. It is less than
six words. There is no benefit. There is -- I mean it's -- from a private standpoint they
can't stop an emergency road, things of that nature, from a public standpoint it's not strong
enough for the highway district to utilize.
Borton: Madam Mayor? Is it sufficient for a private road connection? If you were to
extend that to the south as a private roadway, would they be able to prevent its
connection and use onto Rome Drive?
Conger: Madam Mayor, Council Member Borton, this has been looked at from a private
road standpoint, that we start getting back into highway district policies of two publics
connected with a short piece of private doesn't adhere with their policy. You guys have a
policy in your private road standards that I would have to put a gate on it, so we would end
up having a gate on both sides of this. To -- to follow your policies of private roads I don't
think we could adhere with a gate and to follow ACHD's policies we can't get there with a
private road either. This area has a very full entrance and, obviously, when it is built out
clear up -- you know, the circulation pattern, it's designed to fully circulate one more five
acre and so I said we are one of the last -- there is one more five in-fill that that will go --
and, then, circulation is -- is as good as the master plan, probably intended it.
Borton: Madam Mayor, I do think it's an impressive solution to some challenging in-fill, but
despite what either city policy or ACHD policy dictates, would you think that policies aside,
the private road connection would -- would be a better solution for that connectivity,
assuming it were even compliant and is that really the best way to go?
Conger: Madam Mayor, Council Member Borton, let me back up a couple of slides and,
you know, we have been so involved with this that we are almost profe ssionals on it. I
think there is several reasons why -- how it's designed today and is what the highway
district from a transportation standpoint, we all hear connectivity, connectivity and
connectivity and we are believers of that as well. I think from what this road is functioning
that -- and the amount of traffic, the majority coming into the intersections, I think from a
private road I think you're going to open yourself up from the HOA possibly hiring a
lawyer. That's -- that's only -- I mean here is -- you know, that maybe or maybe not. So
Meridian City Council
August 18, 2015
Page 18 of 23
close to Eagle Road. Becoming a four-way stop. Obviously, it will function. Obviously it
won't go past classifications, but this being the twin setup and the ultimate ingress-egress
for daily traffic off Eagle and the ultimate come out to get to Victory, in the long run I don't
think you're gaining anything for a private street that you're going to open up to general
public for flowing. You're going to have 37 people that I guess are going to have to
maintain that -- what I would call almost a public roadway, because it isn't functioning as a
private roadway. So, we are now going to burden 37 people to maintain a private road. I
mean we have done it before, but it doesn't -- I think for what you're gaining it doesn't
make sense I think is what everybody is exhausted it to be.
Borton: Okay.
De Weerd: I guess I'm less concerned with access to the south and the access to the
west and how you connect that remaining five acres. You're going to -- is that -- is that the
property of the school? To the left?
Conger: Property of the school is in green.
De Weerd: Okay.
Conger: Yeah. The --
De Weerd: So, what is the remaining property you mentioned?
Conger: Can you -- Bill, do you mind pulling yours up? Madam Mayor, we will have --
De Weerd: That sliver between --
Conger: So, we are going to come out right here. It's coming up here. And, then,
ultimately connect. This is the last parcel that will go -- that will ultimately connect and
feed not only to Victory, but feed backwards into that neighborhood. I see less traffic
going that way. But traffic will go to Victory. Victory has less traffic than Eagle.
De Weerd: When I start to learn how to read a plat I will let you know. I -- I don't have a
problem with the connection. That is a busy arterial and most of the traffic probably
should be on foot and you have a pathway that's connected through that little common
green spot in the southwest corner; is that correct?
Conger: Madam Mayor, that --
De Weerd: It's blue.
Conger: It is -- it's centered on our property, the connection to the school, so it will
function right out of the sidewalks and right into the school property. And we already have
written approval out of the school district to -- right now they have a fence, so we have the
written approval to put a gate and a pedestrian access. We have to probably go 120 feet
Meridian City Council
August 18, 2015
Page 19 of 23
into their property and put in additional pathway at our expense, which is wonderful --
going to be wonderful for our people as well.
De Weerd: And so those driveways you will have a fence that separates the development
between the kind of common area along that arterial; is that correct? To not have a fence
there.
Conger: So, Madam Mayor, are you talking on the arterial here?
Bird: Talking right there on the --
De Weerd: Yeah. On the south part of your property along Rome.
Conger: Yes.
De Weerd: The road to Rome.
Conger: So, Madam Mayor, the answer to your question -- I will put it in blue, but we --
the fence already exists. We will actually have a pedestrian access coming across that
private easement and that will tie to the sidewalk and pathway system that already exists
on Rome.
De Weerd: Okay.
Conger: We will also --
De Weerd: And they are okay with the pedestrian access across their easement?
Conger: Yes, Madam Mayor. They are okay with that. In our meetings and from a legal
standpoint they actually don't have a choice on that.
De Weerd: Okay.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: As to the western property boundary and the ten foot strip that you have
acquired, described as a perpetual use easement, is it contemplated that that strip lies
within the fenced boundary of the homeowners, yet owned by t he HOA and the HOA
allows the homeowner to use it in perpetuity? How -- is that correct?
Conger: Yeah. Madam Mayor, Councilman Borton, that is correct. That is very much a
common tool that we will use. It will be a use easement that we already use in our
Solterra neighborhoods and others where you're using the side yard use easements. So,
that will be a nonbuildable building lot, albeit only five feet wide, it will have a usage
Meridian City Council
August 18, 2015
Page 20 of 23
easement granted from the HOA to those individual users. It will be fenced -- from the
layman driving down the street or walking down the street you won't know it's not their lot
and they will have the legal right to use it.
Borton: Okay.
De Weerd: Okay. Any other questions? Thank you.
Conger: Thank you very much.
De Weerd: This is a public hearing. Is there anyone who would like to offer testimony on
this item? Okay. Council?
Zaremba: Madam Mayor?
De Weerd: Mr. Bird.
Zaremba: Just a curiosity about those two common lots that the neighboring homeowners
will be able to use. I don't know if Bill or Caleb would know -- when they come in for
building approval where are we going to measure the setback from? Will they be able to
build closer to their property line or are we still going to measure setbacks from their
official owned property.
Parsons: Madam Mayor -- Madam Mayor, Members of the Council, Councilman
Zaremba, I would be -- my recommendation would be measuring from the property line,
so -- we can get back to the plat here and I will use -- so, this would be the property line
here. So, its setback would be three feet from that boundary. So, they just get a wider
side yard.
Zaremba: Okay. Just wanted to make sure which ever way it went that it was
understood. Thank you.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: So, could you maybe elaborate on 1.1.5? Was that -- that was approved by the
Planning and Zoning Commission, but not recommended by staff?
Parsons: Madam Mayor, Members of the Council, Councilman Milam, the way the
condition is written now -- and hopefully I will just -- we have two conditions. One was the
requirement for the stub street, but if you don't require the stub street, then, basically, it
says you're to approve it as shown this evening and that's what 1.1.5 says. So, it says
this Commission and Council approved the use of the common driveway as shown. So,
that, basically, would get stricken and those lots would just take access from the common
drives or at least that portion of the condition.
Meridian City Council
August 18, 2015
Page 21 of 23
De Weerd: Any other questions from the Council?
Bird: I have none.
De Weerd: Nothing for Justin with ACHD? Or the applicant?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Hearing no more questions or anything, I move we close AZ 15-007 and PP 15-010.
Milam: Second.
Zaremba: Second.
De Weerd: I have a motion and a second to close the public hearings on Item 7-F and G.
All those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: I move that we approve AZ 15-007 with all staff and applicant testimony.
Zaremba: Second.
De Weerd: I have a motion and a second approving the annexation on Item 7-F. Any
discussion? Madam Clerk, will you call roll.
Roll Call: Rountree, absent; Bird, yea; Zaremba, yea; Borton , yea; Milam, yea; Cavener,
yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Meridian City Council
August 18, 2015
Page 22 of 23
Milam: Move that we approve PP 15-010, with all staff and applicant testimony. Delete
1.2.2A and approve 1.1.5 and I wrote in here providing that there is pedestrian
connectivity to the school, but that sounds like it's already there.
Bird: Second.
De Weerd: I have a motion and a second. Any discussion?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Would Council Woman Milam just repeat that motion? I want to make sure I
heard it correctly. I'm sorry.
Milam: We -- no problem. The week -- 1.2.2A. Approve 1.1.5 and make sure there is
pedestrian connectivity to the school.
Cavener: Okay. 1.2?
Milam: 1.1 --
Cavener: You said 1.1.
Milam: Oh, one point -- I probably just wrote it down wrong. You're right. I --
Cavener: There is a method to my madness. 1.12A?
Milam: 1.1.2A. Yeah. I wrote down 1.2 for two.
Bird: Second agrees.
De Weerd: Thank you, Mr. Cavener.
Milam: Appreciate that.
De Weerd: Any other discussion? Madam Clerk, will you call roll.
Roll Call: Rountree, absent; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener,
yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Meridian City Council
August 18, 2015
Page 23 of 23
Item 8: Future Meeting Topics
De Weerd: Okay. Item 8 is under future meeting topics. Council, any topics for future
agendas? Okay. I would entertain a motion to adjourn.
Bird: So moved.
Borton: Second.
De Weerd: I have a motion and a second to adjourn. All those in favor say aye. All ayes.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
MEETING ADJOURNED AT 7:01 P.M.
(AUDIO RF -C9 DING ON FILE OF THESE PROCEEDINGS)
MAYOR T Y de EERD DATE APPROVED
J�tTTG� n UCVST
ATTEST: °¢
ciryar
'} } EI IDIAN#--
nno)
JAYCE OLMAN, CITY CLERK SEAL
r
"yr
Changes to Agenda: Item #7A: Jump Time (MDA -15-008)— The applicant is requesting continuance of this item to the August
250 Council hearing because the property was not posted in accord with the UDC requirements.
Item #713, C, D & E: Earl Glen Subdivision (RZ-15-009; PP -15.011; CUP -15-015; MDA -15-009)
Application(s): Rezone, Preliminary Plat, Conditional Use Permit & Development Agreement Modification
Size of property, existing zoning, and location: This site consists of 4.65 acres of land, is currently zoned R-8, and is located on the
north side of E. McMillan Road, east of N. Locust Grove Road.
History: In 2006, the property received annexation and preliminary plat approval to develop 26 residential lots with a mix of townhomes
and single family detached homes in the R-8 zoning district. A development agreement was required as a provision of annexation, and
restricts the use of the property to the mix of residential single family uses as noted above.
Summary of Request: The applicant has submitted a request to rezone 1.65 acres of land from R-8 zoning district to the R-15 zoning
district; a preliminary plat consisting of seventeen (17) single-family residential lots, three (3) multi -family residential lots and three (3)
common lots on approximately 4.65 acres of land in the R-8 and proposed R-15 zoning districts; a conditional use permit to develop a
multi -family development consisting of sixteen (16) dwelling units (two (2) four-plex structures and one (1) eight-plex structure) and
development agreement modification to change the development plan from a single family development to a mix of single family and
multi -family.
The gross density of the development is proposed at 7.10 dwelling units per acre consistent with the FLUM designation of MDR.
Access: Access to this development is proposed from the extension of N. Beethoven Avenue and E. Roaring Creek Street. Direct lot
access via E. McMillan Road is not proposed or approved with this application.
For the multi -family portion of the development the applicant will have to execute a reciprocal cross access and shared parking
agreement between Lots 12-14, Block Ito ensure Lot 13, Block 1 has local street access in accord with UDC 11-3A-3.
Landscape Plan: A 35 -foot wide street buffer is required along E. McMillan Road. The submitted landscape plan depicts
approximately 0.79 acres (34,412 s.f.) of common open space which is in excess of the open space required by City Code and the
multi -family standards. The applicant is proposing a covered picnic area, horseshoe pit and a 6 -foot wide pathway in Lot 4, Block 2 in
accord with the multi -family standards.
Conceptual Building Elevations: Conceptual building elevations were submitted for both the single family homes and the multi -family
structures in this development. Design features include a mixture of wood and brick siding, stone wainscot, covered front porches,
decorative columns, pop -outs, decorative corbels, window trim and varying roof planes.
Future single family detached homes constructed within the subdivision must comply with the elevations attached in Exhibit A.6 and
refinement to the multi -family structures will occur during the review of the future CZC and DES application in accord with the standards
below.
Commission Recommendation: Approval
Summary of Commission Public Hearing:
i. In favor: Lance Warrick
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Lance Warnick, Applicant's Representative
Key Issue(s) of Discussion by Commission: None
Key Commission Change(s) to Staff Recommendation: None
Outstanding Issue(s) for City Council: None
Written Testimony since Commission Hearing: Lance Warrick in agreement with the Commission Recs.
Notes:
Item #717 and G: Sovi Subdivision (AZ -15-007; PP -15.010)
Application(s): Rezone and Preliminary Plat
Size of property, existing zoning, and location: This site consists of 5.08 acres of land with an RUT zoning district, and is located at
3515 S. Eagle Road.
Summary of Request: The applicant is requesting annexation of 5.08 acres of land with an R-15 zoning district; and a preliminary plat
consisting of thirty-six (36) building lots and seven (7) common lots on approximately 4.85 acres.
The subject property has a land use designation of MDR on the Comprehensive Plan Future Land Use Map. The MDR designated
anticipates densities between 3 to 8 dwelling units per acre. The proposed gross density for the development is
Access: Vehicular access is proposed for this site via an extension of S. Milan Avenue. An emergency access to the south on S. Milan
Ave to E. Rome Drive is also proposed. The Commission and ACHD do not support a stub street to the south boundary. ACHD staff
supports the road layout as shown on the revised preliminary plat.
Landscape Plan: The applicant has submitted a revised landscape plan that shows additional open space with additional amenities.
Staff is supportive of the revised plans however; staff would like the applicant to explain how the common lots would be integrated in
the adjacent buildable lots and ensure that fencing is not constructed on the shared boundary of the common lots and the buildable lots
and as to create a narrow landscape corridor.
A pedestrian connection is proposed on the west boundary of the proposed subdivision that would provide access to the elementary
school. Staff is supportive of the connection. The applicant shall coordinate with the West Ada School District on the design of the
pedestrian connection.
Conceptual Building Elevations: The applicant is proposing a mix of attached and detached single-family homes. The applicant has
submitted 5 conceptual sample building elevations for future homes in this development, included in Exhibit A.4. Building materials
appear to consist of a mix of horizontal lap siding, board and batten with stone accents.
Commission Recommendation: Approval
Summary of Commission Public Hearing:
i. In favor: Jim Conger
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Jim Conger, Applicant's Representative, Ann Marie Baird, Steven Yearsley and Jerry and Judy Ferrell
Key Issue(s) of Discussion by Commission: The requirement to connect S. Milan Ave. to E. Rome Dr.
Key Commission Change(s) to Staff Recommendation: Prior to the Commission hearing, the applicant was able to secure
ownership for the strip of land on the west boundary of the development. The revised exhibits in the staff report reflect the incorporation
of property into both the annexation boundary and the preliminary plat boundary including the inclusion of an amenity and a
commitment to providing a pedestrian connection to the school site along the west boundary. Because the applicant was able to correct
the discrepancies identified in the staff report, the Commission voted to recommend approval with the conditions of approval that were
presented during the public hearing. The Commission did not require (condition of approval 1.2.2a) the applicant to extend S. Milan
Ave. to the south boundary of the preliminary plat and approved the connection to E. Rome Drive as proposed.
Outstanding Issue(s) for City Council:
i. Stubbing E. Rome Drive along the south boundary in lieu of a common driveway. ACHD, Tuscany HOA and the Commission are
not supportive of the stub street.
ii. Converting Lots 29 and 31, Block 1 into non -buildable lots and creating an exclusive use easement for the future owners of Lots
28 and 32, Block 1 to use and maintain.
Written Testimony since Commission Hearing: Jim Conger response to the Commission Recs
Notes:
Meridian City Council Meeting
DATE: August 18, 2015 ITEM NUMBER:
PROJECT NUMBER:
ITEM TITLE: Approve Minutes
Approve Minutes of July 21, 2015 City Council Budget Workshop Meeting
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: August 18, 2Q15 ITEM NUMBER:
PROJECT NUMBER: 5B
ITEM TITLE: Streelight 52. E State Ave
Agreement for Street Light and Electrical Maintenance for Historic Light to be Installed
at 52 E. State Ave. by Jackson Food Stores, Inc.
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
E IDIAN-
Public D A H O
Works Department
TO: Mayor Tammy de Weerd
Members of the City Council
FROM: Austin Petersen, Transportation and Utility Coordinator
DATE: August 4, 2015
Mayor Tammy de Weerd
City Council Membern
Charlie Rountree
Keith Bird
Joe Borton
Luke Coverer
Genesis Milam
David Zaremba
SUBJECT: AGREEMENT FOR STREET LIGHT AND ELECTRICAL MAINTENANCE
FOR HISTORIC LIGHT TO BE INSTALLED AT 52 E STATE AVE BY JACKSONS
FOOD STORES, INC.
I. RECOMMENDED ACTION
A. Move to:
1. Approve the agreement with Jacksons Food Stores, inc. and Mr. John D
Jackson.
2. Authorize the Mayor to sign the agreement
II. DEPARTMENT CONTACT PERSONS
Austin Petersen, Transportation and Utility Coordinator 489-0352
Warren Stewart, PW Engineering Manager 489-0350
Tom Barry, Director of Public Works 489-0372
III. DESCRIPTION
A. Background
The installation of a historic street light is a requirement of the CZC for the
parking lot construction at 52 E State Street. Connecting this new historic light to
the existing lighting system would require extensive pavement and concrete
work on adjacent properties that are not part of this development. It would also
require cutting concrete sidewalk that is under the ACHD 5 year no cut
moratorium.
Page I of 3
VII. LIST OF ATTACHMENTS
Approved:
A. Street Light and Electrical Maintenance Agreement: 66 and 52 E. State
Avenue, Meridian
Page 3 of 3
ADA COUNTY RECORDER Christopher D. Rich 2015-077645
BOISE IDAHO Pgs=5 BONNIE 08/20/201509:42 AM
MERIDIAN CITY NO FEE
IIIIIIIIIII IIIIIIIIIIIIIIIIII II I'I 11111111 IIII III
RECORDING REQUESTED BY AND 00138118201500770450050054
WHEN RECORDED RETURN TO: _-
City Clerk
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
(Space Above For Recorder's Use)
STREET LIGHT AND ELECTRICAL MAINTENANCE AGREEMENT:
66 AND 52 E. STATE AVENUE, MERIDIAN
This STREET LIGHT AND ELECTRICAL MAINTENANCE AGREEMENT: 66 and
52 E. STATE AVENUE, MERIDIAN ("Agreement") is made and entered into this g day of
2015 ("Effective Date"), by and between the City of Meridian, a municipal
corporation organized under the laws of the State of Idaho ("City"), whose address is 33 E.
Broadway Ave., Meridian, Idaho, 83642, John D. Jackson ("Store Owner"), and Jacksons Food
Stores, Inc., a corporation organized under the laws of the State of Idaho ("Parking Lot Owner"),
whose address is 3450 E. Commercial Court, Meridian, Idaho. Store Owner and Parking Lot
Owner may be referred to collectively herein as "Owners."
WHEREAS, as part of the installation of a parking lot at 52 E. State Avenue, to serve the
store and gas station located at 66 E. State Avenue, Parking Lot Owner will install one (1) City
Standard Historic street light to satisfy the City of Meridian requirements for street lighting;
WHEREAS, street lights are typically installed with a metered service pedestal or are
connected to existing street lights, but the location of the neve street light to be installed by
Parking Lot Owner Linder this agreement renders such options impractical and cost -prohibitive;
WHEREAS, connecting the new historic light to the existing street light on Main Street
would involve cutting concrete under the Ada County Highway District ("ACHD")'s five-year
no -cut moratorium;
WHEREAS, Owners are willing to connect the new street light to the electrical meter for
Jacksons Food Store #56, located at 66 E. State Avenue, and pay for electricity to illuminate the
street light as part of Store Owner's electrical bill, and are further willing to bind Store Owner's
Successors in interest to Such obligation;
WHEREAS, the City Council of the City of Meridian finds that this Agreement is in the
best interest of the public health, safety, and welfare;
STREET LIGHT AGREEMENT WITH JOHN D. JACKSON AND JACKSON'S FOOD STORES, INC. PAGE I OF 5
NOW, THEREFORE, for the exchange of good and valuable consideration, the receipt
of which is hereby acknowledged, the parties agree as follows:
1. OWNERS' COMMITMENTS
A. Street Light and conduit. Parking Lot Owner shall install one (1) City Standard Historic
street light at 52 E. State Avenue, Ada County parcel no. R6129010401 (the "Street Light")
Further, Parking Lot Owner shall install conduit along the entire frontage of 52 E. State
Avenue, Ada County parcel no. R6129010401, in accordance with City of Meridian 2013
Supplemental Specifications to the iSPWC.
B. Electricity. From the Effective Date of this Agreement forward, Store Owner shall be
responsible for paying Idaho Power Company for the provision of electricity required to
operate the Street Light. It is agreed that Store Owner shall enter into a Schedule 41 C
Agreement with Idaho Power Company. Store Owner acknowledges that street lighting
served under the Schedule 41 C Agreement must be controlled by a photo electric device of
the "fail off' type.
C. Conduit. Parking Lot Owner shall maintain and ensure the integrity of street lighting
conduit between the Right -of Way up to the power source on the Jackson Store Property.
D. Effect of Triggering Event. "Triggering Event," as such term is used herein, shall mean any
of the following events:
I . Development or redevelopment of the property located at 66 E. State Avenue, Ada County
parcel no. R612901041 I or any portion thereof;
2. Installation of additional street lights on north side of State Street;
3. Transfer of or change in Store Owner's interest in the property located at 66 E. State
Avenue, Ada County parcel no. R6129010411;
4. Transfer of or change in Parking Lot Owner's interest in the property located at 52 E.
State Avenue, Ada County parcel no. R6129010401;
5. Store Owner's default of this Agreement; or
6. Parking Lot Owner's default of this Agreement.
Upon the occurrence of any Triggering Event, Parking Lot Owner or its successor(s) in
interest shall connect the Historic Sheet Light to the existing street lighting system on Main
Street or Meridian Road. Panting Lot Owner or its successor(s) in interest shall be
responsible for any and all costs of connecting the Street Light to the existing street lighting
system. Upon connection to the existing street lighting system, City shall assume
responsibility for provision of electricity as set forth in section I.B. of this Agreement.
STREET LIGHT AGREEMENT WITH JOHN D. JACKSON AND JACKSON's FOOD STORES, INC. PAGE 2 Or 5
II. CITY'S COMMITMENTS
A. Street Light maintenance. From the Effective Date of this Agreement forward, City shall be
responsible for:
1. Replacement, as needed to ensure functionality, of: fuses, wiring, bulbs, ballasts, or
photoelectric cells in the Street Light.
2. Replacement and/or repair, as needed due to damage, deterioration, or loss, of the Street
Light, and any component or appurtenance thereof.
B. Recordation. This Agreement shall be recorded by City, at City's expense, against the
following parcels:
1. 66 E. State Avenue, Ada County parcel no. R6129010411, legally described as Lots 14,
15 and E 15' of Lot 13, Block 6, F.A. NOUrseS 2n1 Addition.
2. 52 E. State Avenue, Ada County parcel no. R6129010401, legally described as Lots 11,
12, and 13, excepting the Easterly 15' of Lot 13, Block 6, F.A. Nourses 2"d Addition.
IIL GENERAL PROVISIONS.
A. Time is of the essence. Owners acknowledge that commitments made under this Agreement
shall be performed in a timely manner. The Parties acknowledge and agree that time is
strictly of the essence with respect to this Agreement, and that the failure to timely perform
any of the obligations hereunder shall constitute a breach of, and a default under, this
Agreement by the party so failing to perform.
B. Default. Any failure to perform the terms and conditions of this Agreement, or any portion
thereof, shall be a default hereunder. In the event of a default, the non -defaulting party may
serve a written Notice of Default upon the defaulting party by the method set forth herein.
Except in case of an imminent or realized threat to the public health, safety, or welfare, the
defaulting party shall have thirty (30) days following delivery of such notice to cure or
correct the default before the non -defaulting party may seek any remedy as provided herein.
Notwithstanding any other provision of this Agreement, this provision shall be binding upon
the Parties and upon any and all successors in interest thereof, and shall survive, inter alia,
the occurrence of any Triggering Event and/or connection to the existing street lighting
system.
C. Notices. Any notice desired by the Parties or required by this Agreement shall be deemed
delivered after deposit in the United States Mail, postage prepaid, addressed as follows:
If to City: If to Store Owner: If to Parking Lot Owner:
City of Meridian John D. Jackson Jacksons Food Stores, Inc.
Attn: City Clerk 3450 E. Commercial Court John D. Jackson
33 E. Broadway Ave. Meridian, Idaho 83642 3450 E. Commercial Court
Meridian, Idaho 83642 Meridian, Idaho 83642
D. Binding upon successors. Except as otherwise specifically provided herein, this Agreement
shall be binding upon any and all owners of the property located at 66 E. State Avenue, Ada
County parcel no. R6 1 2901 041 1 and/or the property located at 52 E. State Avenue, Ada
STREET LIGHT AGREEMENT WITH JOHN D. JACKSON AND JACKSON'S FOOD STORES, INC. PAGE 3 OF 5
County parcel no. R6129010401, any and all subsequent owners thereof, and each and every
other person acquiring an interest in either property or both properties. Nothing herein shall,
or shall be construed to, in any way prevent the sale or alienation of either property or both
properties, or any portion thereof, except that any sale or alienation, and including but not
limited to any Triggering Event, shall occur subject to the provisions of this Agreement, and
any successive owner or owners shall be bound by the conditions and restrictions herein
expressed.
E. Compliance with laws. Throughout the course of this Agreement, Owners shall comply
with any and all applicable federal, state, and local laws.
Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity,
interpretation, performance and enforcement of this Agreement. Venue shall be in the courts
of Ada County, Idaho.
G. Cumulative rights and remedies. All rights and remedies herein enumerated shall be
cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the
exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of
any other remedy.
H. Severability. If any provision of this Agreement is found by a Court of competent
jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not
be affected.
Entire agreement. This Agreement contains the entire agreement of the parties and
supersedes any and all other agreements or understandings, oral or written, whether previous
to the execution hereof or contemporaneous herewith.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this
aA day of 1U 2015.
t
STO E OWNER:
J . b. Jackson
AOWV�G
PUB%' .
STATE OF IDAHO
SS:
County of Adz(
I FI BY CERTIFY that on this day of
2015, before the undersigned, a Notary
Public it he State of Idaho, personally appeared John D.
Jackson, proven to me to be the person who executed the said
instrument, and acknowledged to me that lie 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.
t
Notary Public g Idaho _
Residing at S[}(�ei.t ,.�.D ,Idaho
rATE,U*
..,,,, My Commission Expires: g D 1,2- a ("'>
STREET LIGITr AGREEMENT WITH Jot IND. JACKSON AND JACKSON's FOOD STORES, INC. PAGE 4 Or 5
PAVAUNG LOT OWNER:
,
M�
sJaCisO -sn�' -F"ood §tons,Inc
John D. Jackson, President
•fdo
pUe%'N
CITY O MERIDIAN:
BY:
Tammy de We, �d', ayor
STATE OF IDAHO
STATE OF IDAHO )
%1 P ) ss:
County of l `v )
I
I HEREBY CERTIFY that on this vl day of
2015, before the undersigned, a Notary
Public in he State of Idaho, personally appeared John D.
Jackson, proven to me to be the President of Jackson's Food
Stores, Inc who executed the said instrument oil behalf of said
corporation, and acknowledged to me that the corporation
executed the same. IN WITNESS WHEREOF, I have
hereunto set my hand and affixed my official seal, the day and
year n this certificate)l�irst above Twi?tten.
Notary Public for Idaho
a
Residing at "p6 r$. i �m , Idaho
� @
My Commission Expires: �°-p, '€ 2-U g tc
Atte<K4
'
Jaycee L I lr i, ity Cleric
as
County of Ada
On this day of Fwc��S} 0� Jone me, a Notary Public,
personally appeared Tammy de Weerd and &aycee� H(}e»an;�cr w or Identified to me to be the
Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that
executed the instrument of behalf of said City, and acknowledged to me that such City executed the salve.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year iy�tjijs certificate first above written.
r
NoTl:, N��Fe� Lcl,Qe,
�SEAL) Nota ry�ublicforIdaho
• 9 �
Residing at:
�d W -wee, � D
O� "jC �• Commission expires:
�• PAHO'' .••
.•
4091600
S'T'REET LIGHT AGREEMENT WITH JOHN D. JACKSON AND JACKSON'S FOOD STORES, INC. PAGE 5 OF 5
Meridian City Council Meeting
DATE: August 18, 2015 ITEM NUMBER:
PROJECT NUMBER:
ITEM TITLE: Water Easement
Ada County Juvenile Detention Center Water Easement
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
RECORDING REQUESTED BYAND
WHEN RECORDED RETURN TO:
Dave Loean, Director
Ada County Operations
200 W. Front Street
Boise, ID 83702
AGREEMENT EEMENT N®. ' I P /'-� f - %s
ADA COUNTY RECORDER Christopher D. Rich 2015-077044
BOISE IDAHO P9s=9 BONNIE 08/20/2015 09:41 AM '..
MERIDIAN CITY NO FEE
013 117 01600770 4 09 00
00130117201500770440090096
(Space Above For Recorder's Use)
WATER MAIN EASEMENT AGREEMENT
ThisEasement Agreement ("Easement Agreement") is made and entered into this i r/, ,
day of ((� 1 t i - 2015 by and between Ada County, a duly formed and existing
county pursuant` to the laws and Constitution of the State of Idaho, ("Grantor") whose current
address is 200 W. Front Sheet, Boise, Idaho 83702 and the City of Meridian ("Grantee"), whose
current address is 33 E. Broadway Ave., Meridian, Idaho, 83642.
1. Background.
1.1 Grantor Real Property. Grantor is the owner of the real property described and
depicted in Exhibits A & B attached ("Grantor Rea`Property").
1.2 Request for Easement. The Grantee has requested the Grantor to convey to the
Grantee a nonexclusive easement on the Grantor Real Property in favor of the Grantee for the
purposes described in Section 2.2 below. The portion of the Grantor Real Property that has been
requested for the easement is described and depicted in Exhibits & B attached hereto.
1.3 Purpose of Agreement. The purposes of this Easement Agreement are (i) to
describe the easement granted, and (ii) to establish the relative rights and obligations of the
parties regarding the easement granted under this Agreement.
2. Grant of Easement.
2.1 Grant. For value received, Grantor hereby GRANTS AND CONVEYS to the
Grantee a nonexclusive conditional easement on that portion of Grantor Real Property
(hereinafter "Easement") as described and depicted in ExhibitsA & B.
2.2 Purposes of Easement. The Easement is granted solely for the following
purposes and no other: The easement hereby granted is for the purpose and operation of a water
line and its allied facilities, together with its maintenance, repair, replacement and subsequent
connection at the convenience of the Grantee, with free right of access to such facilities at any
and all times.
WATER MAIN EASEMENT AGREEMENT — PAGE 1
n:\operations (sve agents)\juvenile probation meridian easement agreement.doe
2.3 Term of Easement. Grantor grants all of the above-described real property to
Grantee and its successors and assigns for so long as Grantee shall use the aforesaid property for the
purposes mentioned above. If Grantee fails to so use the property for such purposes for a
continuous period of one (1) year or more, the above-described real property shall automatically
revert to Grantor and its successors and assigns without it being necessary for Grantor and its
successors or assigns to take any affirmative action to effectuate the reverter.
2.4 Covenants and Agreements of the Grantor.
2.4.1 The Grantor, on behalf of the Grantor and the Grantor's heirs, successors,
assigns, purchasers, or transferee of any kind, covenants and agrees with the Grantee and
the Grantee's heirs, successors, assigns, purchasers, or transferee of any kind, that the
provisions of this Easement Agreement (i) shall run with and bind the Easement, and (ii)
shall inure to the benefit of, and be enforceable (at law or in equity) by any owner of all
or part of, the Easement.
2.4.2 The Grantor, on behalf of the Grantor and the Grantor's heirs, successors,
assigns, purchasers, or transferee of any kind, hereby covenants and agrees that they will
not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs
or flowers within the area described and depicted by Exhibits A & B which would
interfere with the Grantee's use of the easement, for the purposes stated herein.
2.5 Covenants and Agreements of the Grantee to Repair and Maintain. The
Grantee, on behalf of the Grantee and the Grantee's heirs, successors, assigns, purchasers, or
transferee of any kind, covenants and agrees with the Grantor and the Grantor's heirs,
successors, assigns, purchasers, or transferee of any kind, as follows: to maintain all
improvements located on the Easement in good and sufficient repair and shall keep the Easement
in a neat and aesthetically pleasing condition. Grantee agrees that after making repairs,
performing maintenance, replacements or subsequent connections to the water mains, Grantee
shall restore the Easement and any adjacent Grantor real property to the condition that existed
prior to undertaking such procedures. All damage to any of Grantor's improvements shall be
repaired by Grantee as promptly as is reasonably possible. If such repairs or maintenance are not
made, the Grantor, upon fifteen (15) days prior written notice, shall have the right to correct such
condition. The Grantee shall promptly reimburse the Grantor for such costs.
3. General Provisions.
3.1 Mediation, Attorney Fees and Costs. Any controversy or claim arising out of or
relating to this Easement Agreement, or breach thereof, must be first submitted to mediation by a
mediator mutually acceptable to the parties and, if not resolved by mediation, may be finally
determined by litigation. If a suit, action, or other proceeding arising out of or related to this
Easement Agreement is instituted by any party to this Easement Agreement, the prevailing party
shall be entitled to recover its reasonable attorney fees, expert witness fees, and costs (i) incurred
in any settlement negotiations, (ii) incurred in preparing for, prosecuting or defending any suit,
action, or other proceeding, and (iii) incurred in preparing for, prosecuting or defending any
appeal of any suit, action, or other proceeding. For the purpose of this section, "attorney fees"
shall mean and include (i) attorney fees and (ii) paralegal fees. This section shall survive and
WATER MAIN EASEMENT AGREEMENT — PAGE 2
n:\opemtions (sve agmts)\juvenile probation meridian easement agreement.doe
remain enforceable notwithstanding any rescission of this Easement Agreement or a
determination by a court of competent jurisdiction that all or any portion of the remainder of this
Easement Agreement is void, illegal, or against public policy.
3.2 Governing Law, Jurisdiction, and Venue. This Easement Agreement shall be
construed and interpreted in accordance with the laws of the State of Idaho. The parties agree
that the courts of Idaho shall have exclusive jurisdiction and agree that Ada County is the proper
venue.
3.3 Time of the Essence. Time is of the essence with respect to the obligations to be
performed under this Easement Agreement.
3.4 Rights Cumulative. Except as expressly provided in this Easement Agreement,
and to the extent permitted by law, any remedies described in this Easement Agreement are
cumulative and not alternative to any other remedies available at law or in equity.
3.5 Nonrvaiver of Remedies. The failure or neglect of a party to enforce any remedy
available by reason of the failure of the other party to observe or perform a term or condition set
forth in this Easement Agreement shall not constitute a waiver of such term or condition. A
waiver by a party (i) shall not affect any term or condition other than the one specified in such
waiver, and (ii) shall waive a specified term or condition only for the time and in a manner
specifically stated in the waiver.
3.6 Successors and Assigns. Subject to any express provisions in this Easement
Agreement regarding restrictions on transfers or assignments, this Easement Agreement shall be
binding upon and inure to the benefit of the parties and their respective successors, assigns, heirs,
personal representatives, purchasers, or transferees of any kind.
3.7 Entire Agreement. All Exhibits to this Easement Agreement constitute a part of
this Easement Agreement. This Easement Agreement, together with the accompanying Exhibits,
constitutes the entire agreement among the parties and supersedes all prior memoranda,
correspondence, conversations and negotiations.
WATER MAIN EASEMENT AGREEMENT — PAGE 3
nioperations (sve agents)\juvenile probation meridian easement agreement.doc
4. Signatures.
GRANTOR: ADA COUNTY
Board of Ada County Commissioners
Date `i ; By:
Jit ibbs, Commissioner
By. r
Rick Yzaguirre, Con issioner
By: AA
Da id . Case, Commissioner
ATTEST:
Christopher. Rich, Ada County Clerk
STATE OF IDAHO
I ss.
County of Ada )
On this li day of ' C (,/ T;u % 2015, before me a notary public, personally
appeared Jim Tibbs, Rick Yzaguirre and David L. Case, and known or identified to me, to be the
County Commissioners of Ada County, that executed the said instrument, and acknowledged to me
that Ada County 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.
1K �I, Nota Public for Idaho
F��. ..•pG i'1' f"
t TAR ,p Residing (� /z o z 4
P Commission
pVe00
'•%rB 6 Io Pod•
WATER MAIN EASEMENT AGREEMENT — PAGE 4
n1operations (sve agents)\juvenile probation meridian easement agreement.doe
Date: C)\,q v_ SSI QOV�
ATTEST:
Jaycee�Ho an, City -CI
GRANTEE: CITY OF MERIDIAN
amm�
y de�W6eyd, Mayor
Approved by the Meridian City Council on �,t a 0s+�, 2015.
STATE OF IDAHO )
) ss.
CountyofPAO"__ )
On this I8 day of Q,)Q , 2015, tg6re me a notary public, personally
appeared Tammy de Weerd and Jttyeee 1-Hoh3xtn known or identified to me, to be the Mayor
and City Clerk of the City of Meridian respectively, 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 in this certificate first above written.
NOTARY PU�a pc
Residing at
My Commission Expires
WATER MAIN EASEMENT AGREEMENT – PAGE 5
n:\operations (sve agmts)\juvenile probation meridian easement agreement.doe
•
"A r.
a �
i10`I-'
.
�•.*DAHO
4468.•
4444
NOTARY PU�a pc
Residing at
My Commission Expires
WATER MAIN EASEMENT AGREEMENT – PAGE 5
n:\operations (sve agmts)\juvenile probation meridian easement agreement.doe
EXHIBIT A
LEGAL DESCRIPTION OF EASEMENT
(I page —attached)
WATER MAIN EASEMENT AGREEMENT — EXHIBIT A
0operations (sve agmts)\juvenile probation meridian easement agreement.doc
Legal Description
Ada County Juvenile Detention Center — City of Meridian Water Easement
Exhibit A
An easement being located in Lot 8 of Taylor Subdivision as shown in Book 11 of Plats on Page
637, records of Ada County, Idaho, situated in the SE % of the BE 114 of Section 12, Township 3
North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as
follows;
Commencing at an Aluminum Cap monument marking the southeast corner of the SE % of said
Section 12, from which a Brass Cap monument marking the southwest corner of said SE '% bears
N 89033'20" W a distance of 2657.39 feet;
Thence N 89°33'20" W along the southerly boundary of said SE Y< a distance of 423.83 feet to a
point;
Thence leaving said southerly boundary N 0°44'37" E a distance of 52.00 feet to a point on the
northerly right-of-way of W. Franklin Road;
Thence N 89°33'20" W along said northerly right-of-way of W. Franklin Road and the extension
thereof a distance of 162.90 feet to the POINT OF BEGINNING;
Thence continuing N 89033'20" W a distance of 10.00 feet to a point;
Thence leaving said northerly right-of-way N 0°44'37" E a distance of 15.00 feet to a point;
Thence S 89033'20" E a distance of 10.00 feet to a point;
Thence S 0°44'37" W a distance of 15.00 feetto the POINT OF BEGINNING.
This parcel contains 150,00 square feet and is subject to any other easements existing or In use.
Clinton W. Hansen, PLS
Land Solutions, PC
June 30, 2015 �oNP`J-LAos,.
La° j�iolultllon3
l Wd 3vrvM"a M C.m.Wuna
EXHIBIT
11118`
� N.�6�3o�ISs°.2
rim
Ada Co. Juvenile Oat Center
Job No, 16-26
EXHIBIT B
SURVEY MAP
(1 page — attached)
WATER MAIN EASEMENT AGREEMENT — EXHIBIT B
Ooperations (sve agmis)\juvenile probation meridian casement agreement.doc
EXHIBIT
F°,
y's,'
q 9 a pocl:gim)
3LU NU
'QN NVI(1183W'N
MIN Net w
low a
o
an
C
,00-ogl
MLCi'tos
. '
c
W
.00*9z
Ana
OW
UT^GN
�—
Z:E
Lu X
U LU
z
07
A�l
sq
z
7j
LL I Ll i
z P�
LU <
:100,zz
3
,
V
LU
uj 0�
v:1
—j LIJ
14 fOR
wo
z
I
(0)o
in
P
LU
>
:r,
0 d
Z
U5
bz
z
mar,ttos
0
Z
...,007,6
U U -
u
,00-091
3„IC,44.ON
O
V
EXHIBIT
Meridian City Council Meeting
DATE: Auqust 18, 2015
ITEM TITLE: Annual Rate
ITEM NUMBER:
PROJECT NUMBER: 5D
Resolution No. \5 - loges : Resolution Adopting the Annual Rafe Adjustment for
the Solid Waste Collection Services by Republic Services, Inc.
MEETING NOTES
1 WI1 .. H, 0 V
_ .
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
CITY OF MERIDIAN
RESOLUTION NO. \5-1CPO 3
BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA
A RESOLUTION ADOPTING THE ANNUAL RATE ADJUSTMENT FOR THE SOLID
WASTE COLLECTION SERVICES BY REPUBLIC SERVICES, INC.; AUTHORIZING THE
CITY OF MERIDIAN UTILITY BILLING DEPARTMENT TO COLLECT SUCH RATES;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 21 of the City's solid waste franchise agreement with Republic Services,
Inc. provides for annual review of Republic Services' then -current rates and charges for services; and
WHEREAS, that proposed changes to said rates shall be adjusted subject to compliance with
the notice and hearing provisions of Idaho Code Section 63-1311A with an effective date of October
1; and
WHEREAS, the proposed rates adjustment by Republic Services for fiscal year 2016 reflects
an increase of 2.43 % or $0.42 per household per month; and
WHEREAS, the adjustment for residential services is comprised of three (3) components: (1)
contractual CPI adjustment $0.14; (2) adjustment due to change in Idaho law $0.04 for the increase in
fuel tax with the passage of House Bills 132 and 312 during the 2015 Idaho legislative session; and (3)
$0.24 for costs attributed to the City's Household Hazardous Waste Collection; and
WHEREAS, the proposed commercial rates adjustment, including industrial collection
services, is comprised of two (2) components: (1) contractual CPI adjustment; and (2) adjustment due
to change in law for the increase in fuel tax with the passage of House Bills 132 and 312. Commercial
rates adjustment varies due to container sizes and frequency of collection services and ranges from
0.34% - 3.99%; and
WHEREAS, the Solid Waste Advisory Commission having reviewed the proposed changes
and recommended to the Mayor and City Council approval of the FY2016 Rate Schedule of Solid
Waste Collection Services at its meeting on July 22, 2015; and
WHEREAS, the Mayor and City Council at its meeting on August 11, 2015 took into
consideration the presentation and information submitted by Republic Set -vices, Inc. regarding the
proposed rate changes and the recommendation of the Solid Waste Advisory Commission regarding
said proposed changes, and
WHEREAS, the proposed adjustment to residential and commercial rates for fiscal year 2016
are not in excess of five percent (5%) of the amount of the respective fees currently collected or
require a decision imposing a new fee; and
WHEREAS, the Mayor and City Council thereby being able to review and act upon the
proposed rate changes without notice and public hearing pursuant to Idaho Code Section 63-1311A,
did approve, by formal motion, the proposed changes to the Rate Schedule of Solid Waste Collection
Services for fiscal year 2016, as set forth in Exhibit hereto; and
ADOPTION OF FY 2016 RATE SCHEDULE FOR SOLID WASTE COLLECTION SERVICES PAGE I OF 2
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF MERIDIAN CITY, IDAHO:
Section 1. That the Rate Schedule of the Solid Waste Collection Services, as set forth in
ExhibitA hereto, is hereby adopted.
Section 2. That the City of Meridian Utility Billing Department is hereby authorized to
implement and carry out the collection of said rates.
Section 3. That this Resolution shall be in full force and effect with the beginning of the
October 5, 2015 billing cycle to be reflected on the November billing statements of the City of
Meridian Utility Billing Department.
-1^r
ADOPTED by the City Council of the City of Meridian, Idaho this 1$ day of Iw q \j34- ,
2015.
APPROVED by the Mayor of the City of Meridian, Idaho, this �6 day of .1 q, y 2015.
APPROVED:
Tammy de`Wo&d, Mayor
ADOPTION OF FY 2016 RATE SCHEDULE FOR SOLID WASTE COLLECTION SERVICES PAGE 2 OF 2
Meridian City Council Meeting
DATE: August 18, 2015 ITEM NUMBER:
PROJECT NUMBER: 5E
ITEM TITLE: Destruction of Records
Resolution No. ISL- IO'S IA : Resolution for Destruction of Semi-permanent
and Temporary Records of the Public Works Department.
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
A CITY OF MERIDIAN
BY THE CITY COUNCIL:
RESOLUTION NO.
BIRD, BORTON, CAVENER, MILAM,
ROUNTREE,ZAREMBA
A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF
MERIDIAN AUTHORIZING THE CITY CLERK TO DESTROY CERTAIN SEMI-
PERMANENT AND TEMPORARY RECORDS OF THE MERIDIAN PUBLIC WORKS
DEPARTMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Council have the authority pursuant to Idaho Code
section 50-907(4) to, by resolution, destroy semi-permanent and temporary records, upon the
advice of the City Attorney, and with such disposition to be under the direction and supervision
of the City Clerk; and
WHEREAS, the City Clerk has identified certain semi-permanent and temporary records
that may be destroyed pursuant to Idaho Code sections 50-907(2) and (3) because the time period
for retention of such records has expired;
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO:
Section 1. That the City Cleric is hereby authorized to direct and supervise the
destruction of the following semi-permanent and temporary records of the Public Works
Department:
PUBLIC WORKS YEAR(S) I DESCRIPTION
Semi-permanent Records
Activity Reports
2002-2004, 2007-2009
Daily, weekly, monthly or other
reports documenting the activities
of the Public Works Department
employees, including: type of
activity, time spent, work
completed, equipment and fuel
used, reports, logs, log sheets, and
related records.
Ada County Highway
1997
Permits issued by Ada County
District ACHD Permits
Highway District (ACHD) to dig
in public utility easement.
Area of Impact Records
2001-2004
Records related to analysis of
expansion of Public Works
services into the Area of Impact
such as those for Kuna, Kuna
Treatment Plant, Meridian
Heights Water and Sewer
RESOLUTION AUTHORIZING DESTRUCTION OF PUBLIC WORKS DEPARTMENT RECORDS 2015-03 PAGE 1 OF 3
RESOLUTION AUTHORIZING DESTRUCTION OF PUBLIC WORKS DEPARTMENT RECORDS 2015-03 PAGE 2 OF 3
District, South Meridian
Planning.
Budget Preparation Records
2001-2004
Work documents utilized to build
base budgets and establish yearly
budgets, including vehicle
replacement worksheets,
enhancements, amendments and
carry forward support.
Committee Records
1987-1990, 2001-2002,
Agendas and meeting minutes for
2004-2009
special groups convened by
Public Works such as City
Services Focus Group,
Construction Best Management
Practices Sub -Committee,
Energy.
Correspondence,
1988, 1997-2009
Correspondence created or
Administrative
received in the course of
administering City policies,
procedures, or programs.
Departmental Reports
1997-1998, 2003-2005
Department reports, performance
management presentations.
Emergency Master Plans
1995-2001
Emergency plan records for City
Hall, Emergency Management,
and Continuity of Operations.
Events, Public Works
2008-2009
Records related to planning
Public Works internal and
external events.
Meeting Minutes
2004-2009
Internal meeting agendas,
minutes, sign -in sheets.
Rate/Fee Records
1959-1967, 1992, 1996-
Records related to establishing
2004
utility rates and fees, including
calculations, research and
recommendations.
Safety Inspections
1979-1983
Inspections/Reports.
Sewer TelevisionNideoscan
2004
Reports documenting television
Inspection Records
inspections used to locate
problems and defects in sewer
lines.
Spring Flush Notices
2005
Flush notices mailed to customers
(Mailers)
for spring flush of water
system/Maps.
Studies
1976, 1984-1985, 1995-
Studies related to Public Works
1997, 1999, 2001-2004
as provided by consultants.
Training/Travel
1998, 2002-2003, 2008-
Records documenting attendance
2009
and presentation by City
employees at conventions,
RESOLUTION AUTHORIZING DESTRUCTION OF PUBLIC WORKS DEPARTMENT RECORDS 2015-03 PAGE 2 OF 3
Section 2. That the City Clerk is authorized to take all necessary steps to destroy the
records as provided by this Resolution.
Section 3. That this Resolution shall be in full force and effect immediately upon its
adoption and approval.
ADOPTED by the City Council of the City of Meridian, Idaho, this R day of August,
2015.
q 1!�
APPROVED by the Mayor of the City of Meridian, Idaho, this 10 day of August, 2015.
APPRO�YEDw__.___
Mayor y de Weerd
ATTEST:
RESOLUTION AUTHORIZING DESTRUCTION OF PUBLIC WORKS DEPARTMENT RECORDS 2015-03 PAGE 3 OP 3
conferences, seminars,
workshops, and similar training
events. Includes training/travel
requests, training and Continuing
Education Unit (CEU) tracking
reports, and related
correspondence.
Water Meter Reports
1984-1991, 2009
Water meter reports including:
NC list, billing status report,
autoread master route report,
billing pre -scan report, re -reads,
and water meter testing results.
Temporary Records
Customer Complaints
2008-2010
Complaint letters, notes on phone
calls and in person complaints
from customers/citizens.
Quotes
1999
Quotes from contractor and other
service providers, Preliminary
and final quotes for goods and
services used to conduct building
repairs, maintenance, or
modifications.
Section 2. That the City Clerk is authorized to take all necessary steps to destroy the
records as provided by this Resolution.
Section 3. That this Resolution shall be in full force and effect immediately upon its
adoption and approval.
ADOPTED by the City Council of the City of Meridian, Idaho, this R day of August,
2015.
q 1!�
APPROVED by the Mayor of the City of Meridian, Idaho, this 10 day of August, 2015.
APPRO�YEDw__.___
Mayor y de Weerd
ATTEST:
RESOLUTION AUTHORIZING DESTRUCTION OF PUBLIC WORKS DEPARTMENT RECORDS 2015-03 PAGE 3 OP 3
Meridian City Council Meeting
DATE: August 18, 2015 ITEM NUMBER:
PROJECT NUMBER:
ITEM TITLE: Items moved from Consent
MEETING NOTES
0dna
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Ci
t
y
C
o
u
n
c
i
l
M
e
e
t
i
n
g
August 18, 2015
Sl
i
d
e
1
h2
Ag
e
n
d
a
I
t
e
m
N
u
m
b
e
r
s
/
O
r
d
e
r
:
ho
o
d
c
,
1
2
/
1
9
/
2
0
0
6
It
e
m
s
#
7
B
,
C
,
D
&
E
:
E
a
r
l
G
l
e
n
S
u
b
d
i
v
i
s
i
o
n
-
Z
o
n
i
n
g
&
A
e
ri
a
l
M
a
p
s
Pr
o
p
o
s
e
d
P
r
e
l
i
m
i
n
a
r
y
P
l
a
t
Pr
o
p
o
s
e
d
L
a
n
d
s
c
a
p
e
P
l
a
n
Mu
l
t
i
-
f
a
m
i
l
y
E
l
e
v
a
t
i
o
n
s
Si
n
g
l
e
-
f
a
m
i
l
y
E
l
e
v
a
t
i
o
n
s
Pr
o
p
o
s
e
d
D
A
C
h
a
n
g
e
s
4.
U
S
E
S
P
E
R
M
I
T
T
E
D
B
Y
T
H
I
S
A
G
R
E
E
M
E
N
T
:
Co
n
s
t
r
u
c
t
i
o
n
a
n
d
d
e
v
e
l
o
p
m
e
n
t
o
f
2
6
1
7
s
i
n
g
l
e
f
a
m
i
l
y
r
e
s
i
d
e
n
t
i
a
l
lo
t
s
,
3
m
u
l
t
i
-
f
a
m
i
l
y
t
o
w
n
h
o
u
s
e
b
u
i
l
d
i
n
g
l
o
t
s
a
n
d
3
c
o
m
m
o
n
l
o
t
s
o
n
4.
6
5
5
.
1
7
a
c
r
e
s
i
n
t
h
e
p
r
o
p
o
s
e
d
R
-
8
a
n
d
p
r
o
p
o
s
e
d
R
-
1
5
z
o
n
e
s
p
e
r
t
i
n
e
nt
t
o
t
h
i
s
A
Z
-
0
6
-
0
5
2
R
Z
-
1
5
-
0
0
9
;
P
P
-
1
5
-
0
1
1
a
n
d
C
U
P
-
1
5
-
0
1
5
ap
p
l
i
c
a
t
i
o
n
s
.
5.
C
O
N
D
I
T
I
O
N
S
G
O
V
E
R
N
I
N
G
D
E
V
E
L
O
P
M
E
N
T
O
F
S
U
B
J
E
C
T
P
R
O
P
E
R
TY
:
1.
T
h
e
e
x
i
s
t
i
n
g
d
i
r
e
c
t
a
c
c
e
s
s
t
o
E
.
M
c
M
i
l
l
a
n
R
o
a
d
f
r
o
m
t
h
e
ex
i
s
t
i
n
g
h
o
u
s
e
s
h
a
l
l
b
e
t
e
r
m
i
n
a
t
e
d
a
n
d
a
c
c
e
s
s
t
o
t
h
e
h
o
u
s
e
shall be taken
in
t
e
r
n
a
l
l
y
f
r
o
m
N
.
B
e
e
t
h
o
v
e
n
A
v
e
n
u
e
;
d
i
r
e
c
t
l
o
t
a
c
c
e
s
s
t
o
E
.
M
c
M
i
l
l
a
n
R
o
a
d
i
s
p
r
o
h
i
b
i
t
e
d
.
2.
A
3
0
-
f
o
o
t
w
i
d
e
l
a
n
d
s
c
a
p
e
b
u
f
f
e
r
s
h
a
l
l
b
e
i
n
s
t
a
l
l
e
d
a
d
j
a
c
e
n
t
t
o
t
h
e
e
x
i
s
t
i
n
g
h
o
m
e
a
l
o
n
g
E
.
M
c
M
i
l
l
a
n
R
o
a
d
;
t
h
e
r
e
m
a
i
n
d
e
r
o
f
the
bu
f
f
e
r
s
h
a
l
l
b
e
3
5
-
f
e
e
t
w
i
d
e
a
s
r
e
q
u
i
r
e
d
b
y
U
D
C
1
1
-
2
A
-
6
.
I
n
r
e
t
u
r
n
f
o
r
a
p
p
r
o
v
a
l
o
f
t
h
e
r
e
d
u
c
e
d
b
u
f
f
e
r
w
i
d
t
h
,
t
h
e
a
p
p
l
icant shall
pr
o
v
i
d
e
4
4
a
d
d
i
t
i
o
n
a
l
s
h
r
u
b
s
a
n
d
3
a
d
d
i
t
i
o
n
a
l
t
r
e
e
s
o
v
e
r
a
n
d
a
b
o
v
e
c
o
d
e
r
e
q
u
i
r
e
m
e
n
t
s
i
n
t
h
e
M
c
M
i
l
l
a
n
R
o
a
d
s
t
r
e
e
t
b
u
f
f
e
r
.
3.
T
h
e
n
o
r
t
h
s
i
d
e
o
f
t
h
e
d
r
i
v
e
w
a
y
f
r
o
m
L
o
t
1
7
,
B
l
o
c
k
1
t
o
B
e
e
t
h
ov
e
n
A
v
e
n
u
e
s
h
a
l
l
b
e
l
o
c
a
t
e
d
5
0
f
e
e
t
s
o
u
t
h
o
f
W
h
i
t
e
H
a
w
k
S
t
r
e
e
t
.
4.
T
h
e
d
r
i
v
e
w
a
y
o
n
L
o
t
1
7
,
B
l
o
c
k
1
s
h
a
l
l
b
e
d
e
s
i
g
n
e
d
w
i
t
h
a
t
u
r
n
a
r
o
u
n
d
s
o
t
h
a
t
v
e
h
i
c
l
e
s
e
x
i
t
i
n
g
L
o
t
1
7
w
i
l
l
b
e
p
u
l
l
i
n
g
o
u
t
o
nto
Be
e
t
h
o
v
e
n
r
a
t
h
e
r
t
h
a
n
b
a
c
k
o
u
t
.
A
d
r
a
w
i
n
g
o
f
s
a
i
d
d
r
i
v
e
w
a
y
a
n
d
t
ur
n
a
r
o
u
n
d
s
h
a
l
l
b
e
i
n
c
l
u
d
e
d
a
s
a
n
E
x
h
i
b
i
t
i
n
t
h
e
D
A
.
(
S
e
e Exhibit
A5
o
f
t
h
i
s
s
t
a
f
f
r
e
p
o
r
t
.
)
5.
F
u
t
u
r
e
a
t
t
a
c
h
e
d
h
o
m
e
s
w
i
t
h
i
n
t
h
e
s
u
b
d
i
v
i
s
i
o
n
s
h
a
l
l
c
o
m
p
l
y
w
i
t
h
t
h
e
e
l
e
v
a
t
i
o
n
s
a
p
p
r
o
v
e
d
a
t
t
h
e
C
i
t
y
C
o
u
n
c
i
l
h
e
a
r
i
n
g
o
n
March 6,
20
0
7
;
a
c
o
p
y
o
f
s
a
i
d
e
l
e
v
a
t
i
o
n
s
s
h
a
l
l
b
e
i
n
c
l
u
d
e
d
a
s
a
n
e
x
h
i
b
i
t
i
n
t
h
e
D
A
.
(
S
e
e
E
x
h
i
b
i
t
A
4
o
f
t
h
i
s
s
t
a
f
f
r
e
p
o
r
t
.
)
6.
D
e
v
e
l
o
p
m
e
n
t
o
f
t
h
i
s
s
i
t
e
s
h
a
l
l
s
u
b
s
t
a
n
t
i
a
l
l
y
c
o
m
p
l
y
w
i
t
h
t
h
e
p
r
e
l
i
m
i
n
a
r
y
p
l
a
t
,
l
a
n
d
s
c
a
p
e
p
l
a
n
a
n
d
t
h
e
c
o
n
c
e
p
t
u
a
l
r
e
sidential
bu
i
l
d
i
n
g
e
l
e
v
a
t
i
o
n
s
s
h
o
w
n
i
n
E
x
h
i
b
i
t
A
.
7.
T
h
e
d
e
v
e
l
o
p
e
r
s
h
a
l
l
p
r
o
v
i
d
e
a
m
i
n
i
m
u
m
o
f
0
.
7
9
a
c
r
e
s
o
f
o
p
e
n
s
p
ac
e
a
n
d
t
h
r
e
e
(
3
)
a
m
e
n
i
t
i
e
s
o
n
L
o
t
4
,
B
l
o
c
k
2
a
s
s
h
o
w
n
o
n
t
h
e
la
n
d
s
c
a
p
e
p
l
a
n
i
n
c
l
u
d
i
n
g
a
c
o
v
e
r
e
d
p
i
c
n
i
c
a
r
e
a
,
h
o
r
s
e
s
h
o
e
p
i
t
an
d
a
p
a
t
h
w
a
y
.
T
h
e
u
s
e
o
f
t
h
e
c
o
m
m
o
n
o
p
e
n
s
p
a
c
e
a
n
d
s
i
t
e
a
m
e
n
i
ties
wi
l
l
b
e
f
o
r
t
h
e
b
e
n
e
f
i
t
o
f
t
h
e
e
n
t
i
r
e
d
e
v
e
l
o
p
m
e
n
t
.
It
e
m
s
#
7
F
&
G
:
S
o
v
i
S
u
b
d
i
v
i
s
i
o
n
-
Z
o
n
i
n
g
&
A
e
r
i
a
l
M
a
p
s
Pr
o
p
o
s
e
d
P
r
e
l
i
m
i
n
a
r
y
P
l
a
t
&
L
a
n
d
s
c
a
p
e
P
l
a
n
Bu
i
l
d
i
n
g
E
l
e
v
a
t
i
o
n
s
Pr
o
p
o
s
e
d
D
A
C
h
a
n
g
e
s
a.
F
u
t
u
r
e
d
e
v
e
l
o
p
m
e
n
t
o
f
t
h
i
s
s
i
t
e
s
h
a
l
l
b
e
c
o
n
s
i
s
t
en
t
w
i
t
h
t
h
e
p
r
e
l
i
m
i
n
a
r
y
p
l
a
t
,
l
a
n
d
s
c
a
p
e
p
l
a
n
(
i
n
c
l
uding the
co
m
m
o
n
o
p
e
n
s
p
a
c
e
;
a
c
o
v
e
r
e
d
p
i
c
n
i
c
a
r
e
a
a
n
d
a
p
e
d
e
st
r
i
a
n
c
o
n
n
e
c
t
i
o
n
t
o
t
h
e
s
c
h
o
o
l
o
n
t
h
e
w
e
s
t
b
o
u
n
d
a
r
y)
an
d
b
u
i
l
d
i
n
g
e
l
e
v
a
t
i
o
n
s
a
t
t
a
c
h
e
d
i
n
E
x
h
i
b
i
t
A
a
n
d
t
he
r
e
v
i
s
i
o
n
s
n
o
t
e
d
i
n
t
h
e
s
t
a
f
f
r
e
p
o
r
t
.
b.
A
l
l
s
i
n
g
l
e
-
f
a
m
i
l
y
d
w
e
l
l
i
n
g
s
c
o
n
s
t
r
u
c
t
e
d
w
i
t
h
i
n
t
he
p
r
o
j
e
c
t
s
h
a
l
l
s
u
b
s
t
a
n
t
i
a
l
l
y
c
o
n
f
o
r
m
t
o
t
h
e
m
a
t
e
r
ials and
el
e
v
a
t
i
o
n
s
p
r
o
p
o
s
e
d
a
n
d
i
n
c
l
u
d
e
d
i
n
E
x
h
i
b
i
t
A
.
4
.
T
h
e
r
e
a
r
o
r
s
i
d
e
s
o
f
s
t
r
u
c
t
u
r
e
s
o
n
l
o
t
s
t
h
a
t
t
h
a
t
b
a
c
k up to S.
Ea
g
l
e
R
o
a
d
(
L
o
t
s
2
-
9
,
B
l
o
c
k
1
)
,
a
s
w
e
l
l
a
s
t
o
S
.
M
i
l
an
A
v
e
.
a
n
d
I
o
n
i
a
C
o
u
r
t
(
L
o
t
s
1
4
,
1
6
,
2
5
a
n
d
4
4
,
B
l
ock 1)
wi
l
l
b
e
h
i
g
h
l
y
v
i
s
i
b
l
e
;
t
h
e
s
e
l
o
t
s
s
h
a
l
l
i
n
c
o
r
p
o
r
a
t
e
a
r
t
i
c
u
l
a
t
i
o
n
t
h
r
o
u
g
h
c
h
a
n
g
e
s
i
n
m
a
t
e
r
i
a
l
s
,
c
o
l
o
r
,
mo
d
u
l
a
t
i
o
n
,
a
n
d
a
r
c
h
i
t
e
c
t
u
r
a
l
e
l
e
m
e
n
t
s
(
h
o
r
i
z
o
n
t
a
l
an
d
v
e
r
t
i
c
a
l
)
t
o
b
r
e
a
k
u
p
m
o
n
o
t
o
n
o
u
s
w
a
l
l
p
l
a
n
e
s
a
n
d
ro
o
f
l
i
n
e
s
.
DATE
ITEM TITLE:
Meridian City Council Meeting
18, 2015
Jump Time
ITEM NUMBER: MDA 15-008
PROJECT NUMBER: 7A
Public Hearing: MDA 15-008 Jump Time by ALC Architecture Located Near the
Intersection of E. Franklin and S. Eagle Roads Request: Modification to the
Development Agreement to Amend the Recorded Development
Agreement (DA #11100619 1) for the Purpose of Modifying the Approved Concept
Plan and Specific Provisions
MEETING NOTES
N4't nv2ryA 4-% Fbs
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: Auqust 18, 2015 ITEM NUMBER: RZ15-009
PROJECT NUMBER:
ITEM TITLE: Earl Glen and Brineciar Invest
Public Hearing: RZ 15-009 Earl Glen by Brinegar Investments, LLLP Located North Side
of E. McMillan Road and East of N. Locust Grove Road Request: Rezone
Approximately 1.65 Acres from the R-8 (Medium -Density Residential) Zoning District to
the R-15 (Medium High -Density Residential) Zoning District
MEETING NOTES
hit iti 1,
S iiil
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: August 18, 2015 ITEM NUMBER: PP 15-01,
PROJECT NUMBER: 7C
ITEM TITLE: Earl Glen and Brinenar Invest
Public Hearing: PP 15-011 Earl Glen by Brinegar Investments, LLLP Located North Side
of E. McMillan Road and East of N. Locust Grove Road Request: Preliminary Plat
Approval of Three (3) Multi -Family Residential Lots, Seventeen (17) Single Family
Residential Lots and Three (3) Common Lots on Approximately 4.65 Acres in the R-8
and Proposed R-15 Zoning Districts
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: Auqust 18, 2015
ITEM NUMBER: CUP 15-015
PROJECT NUMBER: 7D
ITEM TITLE: Earl Glen and Brinegar Invest
Public Hearing: CUP 15-015 Earl Glen by Brinegar Investments, LLLP Located North Side
of E. McMillan Road and East of N. Locust Grove Road Request: Conditional Use
Permit for a Multi -Family Development Consisting of Sixteen (16) Dwelling Units in the
Proposed R-15 Zoning District
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: Auqust 18, 2015 ITEM NUMBER: MOA 15-006
PROJECT NUMBER:
ITEM TITLE: Earl Glen and Brinegar Invest
Public Hearing: MDA 15-006 Earl Glen by Brinegar Investments, LLLP Located North
Side of E. McMillan Road and East of N. Locust Grove Road Request: Development
Agreement Modification to Change the Development Plan from Single Family
Detached and Attached Homes to all Single Family Detached Homes and a Sixteen
(16) Unit Multi -Family Development
MEETING NOTES
. n
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
CITY OF MERIDIAN
CITY COUNCIL
PUBLIC HEARING SIGN-UP SHEET
DATE August 18, 2015 ITEM # 7131 C, D, E
Project Number: RZ 15-09, PP 15-011, CUP 15-015, MDA 15-006
Project Name: Earl Glen
PLEASE PRINT NAME
FOR
AGAINST
NEUTRAL
G®9 ✓C� h/ ww1ele -
E
AUG 18 2015
CITY OFCSlerzn,n
Meridian City Council Meeting
DATE: August 18, 2015
ITEM TITLE: Sovi Subdivision
ITEM NUMBER: AZ 15-007
PROJECT NUMBER: 7F
Public Hearing: AZ 15-007 Sovi Subdivision by DevCo, LLC Located 3515 S. Eagle Road
Request: Annexation of Five (5) Acres of Land from the RUT Zoning District in Ada
County to the R-15 (Medium -High Density Residential) Zoning District
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: August 18, 2015 ITEM NUMBER: PP 15-010
PROJECT NUMBER:
ITEM TITLE: Sovi Subdivision
Public Hearing: PP 15-010 Sovi Subdivision by DevCo, LLC Located 3515 S. Eagle Road
Request: Preliminary Plat Approval Consisting of Thirty -Six (36) Single Family Residential
Lots and Seven (7) Common Lots on Approximately Five (5) Acres in a Proposed R-15
Zoning District
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
CITY OF MERIDIAN
CITY COUNCIL
PUBLIC HEARING SIGN-UP SHEET
DATE August 18, 2015 ITEM # 7F9 G
Project Number: AZ 15-007, PP 15-010
Project Name: Sovi
PLEASE PRINT NAME I FOR
AGAINST I NEUTRALI
Meridian City Council Meeting
DATE: August 18, 2015 ITEM NUMBER:
PROJECT NUMBER: $
ITEM TITLE: Future Meeting Topics
MEETING NOTES
00h -e
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS