2015-08-25Cq/(ENLN CITY COUNCIL REGULAR
MEETING AGENDA
City Council Chambers
33 East Broadway Avenue
Meridian, Idaho
Tuesday, August 25, 2015 at 6:00 PM
1. Roll -Call Attendance
X David Zaremba O 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 Pastor Moore with Ten Mile Christian Church
4. Adoption of the Agenda Adopted
5. Consent Agenda Approved
A. Final Order: FP 15-023 Hill's Century Farm Subdivision No. 3 by Brighton
Investments, LLC Located 5340 S. Eagle Road Request: Final Plat Approval
Consisting of Thirty -Nine (39) Building Lots and Five (5) Common Lots on
11.2 Acres of Land in the R-8 Zoning District
B. IdaPac (Southridge Subdivision) Sewer and Water Easement
C. Development Agreement between the City of Meridian and Michael & Linda
Williams (AZ -15-006) Dunwoody Subdivision Lot 5
D. Approval of Agreement to Asure Software, Inc. for "Resource Scheduler
Software, Hardware and Services" for a Not -To -Exceed amount of
$9,999.00.
E. FP 15-026 Fall Creek Subdivision No. 3 by Coleman Homes, LLC Located
South of W. Overland Road on the East Side of S. Linder Road Request:
Final Plat Approval Consisting of Forty -Three (43) Building Lots and Six (6)
Common Lots on 19.24 Acres of Land in the R-8 Zoning District Moved
from Item 8A
6. Community Items/Presentations
Meridian City Council Meeting Agenda — Tuesday, August 25, 2015 Page 1 of 3
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
A. Meridian Arts Commission - Public Art at Fairview and Main
Recommendation for Danielle Foushee's "A Canopy of Color" Approved
B. Discussion of Ownership of Parcel at Southeast Corner of Fairview and
Main
7. Items Moved From Consent Agenda None
8. Action Items
A. FP 15-026 Fall Creek Subdivision No. 3 by Coleman Homes, LLC Located
South of W. Overland Road on the East Side of S. Linder Road Request:
Final Plat Approval Consisting of Forty -Three (43) Building Lots and Six (6)
Common Lots on 19.24 Acres of Land in the R-8 Zoning District
Moved to the Consent Agenda Item 5E
B. Public Hearing Continued from July 21, 2015: RZ 15-008 Avebury
Subdivision by Avebury Development, LLC Located North Side of E. Pine
Avenue and West of N. Locust Grove Road Request: Rezone of Three (3)
Acres of Land from the L -O Zoning District to the R-15 Zoning District
Approved
C. Public Hearing Continued from July 21, 2015: PP 15-007 Avebury
Subdivision by Avebury Development, LLC Located North Side of E. Pine
Avenue and West of N. Locust Grove Road Request: Preliminary Plat
Approval Consisting of Fifteen (15) Single Family Residential Lots and Five
(5) Common Lots on Approximately Three (3) Acres in a Proposed R-15
Zoning District Approved
D. Public Hearing: TEC 15-003 Avendale Subdivision by Silver Oaks
Apartments, LLC Located North of W. Franklin Road and West of N. Ten
Mile Road Request: One (1) Year Time Extension on the Preliminary Plat for
Avendale Subdivision in Order to Obtain the City Engineer's Signature on a
Final Plat
E. Amended onto the Agenda: Continued Public Hearing from August 18,
2015: 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 Approved
9. Department Reports
Meridian City Council Meeting Agenda — Tuesday, August 25, 2015 Page 2 of 3
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
A. Mayor's Office: Resolution No. 15-1085: Appointment of Robert Keith
Mortensen to Seat 4 of the Meridian Historic Preservation Commission
Approved
B. Valley Regional Transit Cooperative Agreement Addendum No. 1
Move this to 6C - Approved
10. Ordinances
A. Ordinance No. 15-1656: An Ordinance (AZ 15-006 Dunwoody Lot 5) for the
Annexation and Zoning for a Parcel being all of Lot 5 of Block 1 of
Dunwoody Subdivision as shown in Book 58 of Plats on Page 5482,
records of Ada County, Idaho and a portion of the SW 1/4 of the NW '/4 of
Section 29, Township 4 North, Range 1 East, Boise, Ada County, Idaho.
Establishing and Determining the Land Use Designation of said 1.57 acres
of Land from RUT to R-2 (Low Density Residential) Zoning District
Approved
11. Future Meeting Topics
Adjourned at 7:58 p.m.
Meridian City Council Meeting Agenda — Tuesday, August 25, 2015 Page 3 of 3
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Meridian City Council August 25, 2015
A meeting of the Meridian City Council was called to order at 6:02 p.m., Tuesday, August
25, 2015, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Keith Bird, David Zaremba, Genesis Milam
and Luke Cavener.
Members Absent: Charlie Rountree and Joe Borton.
Others Present: Bill Nary, Jaycee Holman, Caleb Hood, Bill Parsons, Warren Stewart,
Tracy Basterrechea, David Jones, and Dean Willis.
Item 1: Roll-call Attendance:
Roll call.
X _ David Zaremba _ _ Joe Borton
___ Charlie Rountree X_ Keith Bird
__X__ Genesis Milam __X__ Lucas Cavener
_X Mayor Tammy de Weerd
De Weerd: I will go ahead and get tonight's meeting started and first I thank all of you for
joining us. For the record it is Tuesday, August 25th. It's two minutes after 6:00. We will
start with roll call attendance, Madam Clerk.
Item 2: Pledge of Allegiance
De Weerd: Thank you. Item No. 2 is the Pledge of Allegiance. If you will arise and join
us in the pledge to our flag.
(Pledge of Allegiance recited.)
Item 3: Community Invocation by Pastor Moore w ith Ten Mile Christian Church
De Weerd: I see Pastor Moore here and I am assuming that you're here to led us in our
community invocation, so I would invite you forward. Pastor Moore is with Ten Mile
Christian Church. I will invite all of you to join us in our community invocation or take this
as an opportunity for a moment of reflection. Thank you for joining us.
Moore: Happy to be here. Heavenly Father, we bow because you, indeed, are God and
all that happens is because you allow it . You're our creator and you're the owner of
everything. God, I'm grateful that we can just draw aside for this moment in this important
meeting to recognize your reality and our dependence upon you. I pray for our Mayor and
our City Council and the decisions that they will make tonight. Thank you that they are
people that are a part of our community themselves and that they -- they juggle the
challenges and they weigh so much. So, we ask for wisdom on their behalf. God, with
Meridian City Council
August 25, 2015
Page 2 of 46
gratitude we meet also, recognizing what a wonderful place Meridian is to live and grateful
for the other city employees and for our -- our responders in this community that serve us
and the fire and the police and the emergency personnel that come to our aid when we
need it and work to protect us. Ask a special blessing on them and their households and
we recognize how much we are blessed to just -- just be alive and to breathe and have
you in our life, in the name of Jesus I pray, amen.
De Weerd: Thank you. We always appreciate you joining us, Pastor Steve.
Item 4: Adoption of the Agenda
De Weerd: Item No. 4 is adoption of the agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: We have some additions and changes on our agenda. We would like to move 8-A,
which is FP 15-026, final plat for Fall Creek Subdivision, to the Consent Agenda, which --
and it becomes 5-E. Item No. 9-B we'd like to change and move it to become 6-C and
that is the Valley Regional Transit agreement, addendum number one agreement. We got
to amend on Item 8-E. It is a continued public hearing from August 18th, 2015. In the
Department Reports 8-A, the resolution number is 15-1085 and 10-A the ordinance
number is 15-1656 and with that I move we approve the amended agenda.
Zaremba: Second.
De Weerd: I have a motion and a second to approve the agenda as amended. Any
questions about that? All those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
Item 5: Consent Agenda
A. Final Order: FP 15-023 Hill's Century Farm Subdivision No. 3 by
Brighton Investments, LLC Located 5340 S. Eagle Road Request:
Final Plat Approval Consisting of Thirty-Nine (39) Building Lots
and Five (5) Common Lots on 11.2 Acres of Land in the R-8
Zoning District
B. IdaPac (Southridge Subdivision) Sewer and Water Easement
C. Development Agreement between the City of Meridian and
Michael & Linda Williams (AZ-15-006) Dunwoody Subdivision Lot
5
Meridian City Council
August 25, 2015
Page 3 of 46
D. Approval of Agreement to Asure Software, Inc. for “Resource
Scheduler Software, Hardware and Services” for a Not-To-
Exceed amount of $9,999.00.
E. FP 15-026 Fall Creek Subdivision No. 3 by Coleman Homes, LLC
Located South of W. Overland Road on the East Side of S. Linder
Road Request: Final Plat Approval Consisting of Forty-Three (43)
Building Lots and Six (6) Common Lots on 19.24 Acres of Land
in the R-8 Zoning District
De Weerd: Okay. Item 5 is our Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: As stated previously, 8-A, FP 15-025 moves to 5-E to the Consent Agenda and with
that I move we approve the amended 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 approve the Consent Agenda as approved in
the adoption of the agenda. Madam Clerk, will you call roll.
Roll Call: Rountree, absent; Bird, yea; Zaremba, yea; Borton, absent; Milam, yea;
Cavener, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
Item 6: Community Items/Presentations
A. Meridian Arts Commission - Public Art at Fairview and Main
Recommendation for Danielle Foushée’s "A Canopy of Color"
De Weerd: Item 6-A is under our Meridian Arts Commission and Hillary and Mary. I see
several of our arts commission members. Thank you all for being here.
Jensen: It's rare that you get to see all their faces, so I love that they can come up and
catch me if I fall down or something and see you visually here.
De Weerd: If you will introduce them.
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August 25, 2015
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Jensen: I would be happy to. First of all, my name is Mary Jensen and I'm the chair
woman of the Meridian Arts Commission. Behind me we have Gretchen, a member of the
arts commission. We have Cheyenne, who is our youth advisory commit tee member of
the commission. We have Stephanie and Brian. Yep, we got everybody up here.
De Weerd: Thank you for your work. Thank you for joining us.
Jensen: And we are here tonight to recommend a piece of public art at the Main and
Fairview intersection. It won't be in the intersection, but near the intersection. The
recommendation that we are proposing is called a canopy of color by Danielle Foushee.
The Meridian Arts Commission is asking City Council to approve its recommendation for
Danielle Foushee's A Canopy Of Color. It's artwork consisting of a grove of colorful trees
that will be installed at the Main and -- at the intersection of Main and Fairview for these
reasons: Canopy Of Color offers outstanding contribution to the esthetic, vitality of this
high traffic location. The color is not only limited to blue and yellow, although that's what
you're seeing in the visual aid, and can bring a sense of life to that intersection. It's highly
visible, enjoyable to motorists passing or pedestrians who would linger. The proposal
serves as a middle ground between simplified artistic quality and an elevated purpose and
a deeper meaning behind the design. The proposal envisions multiple pieces of artwork
within the space, rather than a single stand alone piece, which is also different than what
you see visually and MAC has defined a grove, which is what the proposal proposes is a
possible grove of trees as more than two. Canopy Of Color is consistent with Meridian's
character and values. The trees are modern in design, but reminiscent of Meridian's
historic orchards, creating ties between our history and our present . All ages can enjoy
and appreciate the work. Canopy Of Color is designed to minimize traffic safety impacts,
designed as eye catching, but not over complicated or overpowering. There is no conflict
with ACHD regulations. ACHD has reviewed the concept and does not have any
concerns. No visibility concerns for vehicles or pedestrians. Canopy Of Color offers
feasibility of installation and long term maintenance and durability. Branches of the tree
will be tall enough to prevent risk of vandalism or climbing and slanted to prevent moisture
from accumulation or bird habitat . Acrylic disks will be easily -- easy to replace in the
instance of vandalism or wear. Canopy Of Color received several favorable public
comments. For these reasons MAC voted unanimously in favor of Canopy Of Color as its
first place recommendation. Oh, great. And this is the site as it currently sits. I would be
happy to entertain any questions.
De Weerd: Thank you, Mary. Council, any questions?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Mary, first off, just kudos to the arts commission. You guys are accomplishing
what seems to be more and more every year. It's awesome to see you guys come back
with these awesome recommendations. It sounds like probably three canopies or three
pieces in probably what we can expect?
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August 25, 2015
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Jensen: We are working with the artist, once it is approved . It's going to be a minimum of
two as per the art commission. We are hoping to see more, yes.
Cavener: Okay. And, then, do you have an idea as to what colors? I just was curious.
Jensen: I really like the yellow and blue, but --
Cavener: I think it looks really nice.
Jensen: Again, we are open to suggestions and suggestions from the artist as well . And
from City Council.
Cavener: Great. And maybe you touched on this, the height, then, when the thing is
completely built, I understand there is probably going to be some separation -- I love that
-- to prevent climbers.
Jensen: Right.
Cavener: I know my eight year old that would be the first thing he would want to do, so
when it's fully built how tall do you expect it to be?
Bodnar: Twenty feet tall.
Cavener: Twenty feet.
Bodnar: Total.
Jensen: Twenty feet. But we are -- I think the first branch starts at --
Bodnar: Eleven.
Jensen: -- 11. As proposed.
Cavener: Madam Mayor? An additional question?
De Weerd: Yes.
Cavener: When looking at the current site is it going to go to the left of the sidewalk, to
the right of the sidewalk? In the middle of the sidewalk? Has any of that been
determined?
Bodnar: No.
Jensen: I don't think it would be -- I think it would be on either side of the sidewalk
throughout the space.
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August 25, 2015
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Cavener: Okay.
Jensen: There would be a grove. So, if there were three they would be on both sides of
the --
Cavener: You would potentially walk underneath it then?
Jensen: Uh-huh.
Cavener: Great. Thank you very much.
Jensen: Thank you, Councilman Cavener.
Milam: Madam Mayor?
De Weerd: Yes, Mrs. Milam.
Milam: I have a few comments and a question maybe to answer. Being part of your
group I realize how much work and time was spent on this project and -- and it was really
great being a part of that decision and how you came up with this recommendation. In
reading the description, some of those pieces are as big -- as large as three feet in
diameter; is that correct? And, personally, my -- my -- what I would like would be -- I like
the blue and yellow, but I would -- to me a grove would be several trees in different colors.
I think that would be a beautiful addition to that corner. I think that was it. But thank you
so much for all of the time and energy that you put in. I think you made a really wonderful
decision.
Jensen: Thank you. I appreciate your recommendation. It should be noted that in the
artist's proposal the reason she chose blue and green was -- or blue and yellow was
because when the sun hits them a certain way and they are overlapping, then, you have a
third color that comes through, so there would also be a green involved and I'm sure that
could be taken into consideration with several other colors as well.
Milam: Madam Mayor? Also an item I wanted to clarify, maybe to Mr. Cavener's
comments, but the -- but the artist in the proposal said as many as -- she would make a
grove, as many as the financial amount would allow.
Jensen: Correct.
Milam: And so there was no exact number, which is why the commission decided that
more than two, which is a minimum of three, would be considered a grove, but we are
hoping for more; is that correct?
Jensen: Correct.
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August 25, 2015
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Milam: Thank you.
De Weerd: Other comments? So, I -- I was aware that your conversation -- I understand
that the public had -- had weighed in and were excited about the children. And I think
probably the story was maybe even more compelling than the -- the children's statute
themselves and the discussion of the Council -- or the commission was that that is a piece
of art that is more -- that the public needs to interact with. This location here is -- is not
conducive to that. It's more auto oriented. You're not going to get out of your car and
interaction with the -- the public art. So, I know I have talked to a couple of you about -- it
seems like the commission did like this and the story and I would like Council to kind of
consider that, as well as the commission, to discuss it and maybe looking at that as a
piece that's here at City Hall and the City Hall plaza. Again, you can see kids and adults
alike taking selfies with them and I think children bronze that are very interactive like the
ones that were proposed in other communities where you do see the public really interact,
sit by them, you know, want to be part of their group, whatever. And so I -- I understand
that you will be talking about that at --
Bodnar: It's on the next agenda.
De Weerd: Cool.
Jensen: And, Madam Mayor, if I may. I can speak a little bit to the discussion around
those -- that particular proposal. We all were very impressed with artist and the bronze.
We also did take a look at all of the public comments and were happy with the response
that we got back to -- actually, every one of our finalists had favorable responses in the
public comment, as well as some negative, but for the most part they were all favorable.
When we -- we spoke about that specific -- the bronzes by Daniel Borup, we were kind of
feeling like the -- the number of bronzes in the city was something to consider for -- like
you said, for that specific corner, we wanted something a little bit different, because there
are several bronze statutes already within the city and the city parks and although we love
them, we needed to -- we felt like we needed to put a different art form at this public piece.
But all of us did appreciate the many public comments that came in with that proposal, as
well as it's a beautiful story that went with it. All of us felt that possibly a park, a library.
We hadn't considered City Hall, but I don't see why that would be an issue . And schools,
the project with the YMCA, something along those lines may be a better fit for those
bronzes, like you said, where people could come up and really see and interact with them,
rather than a busy corner where you would just drive by and not notice the detail.
De Weerd: And -- true. I hung out at Kleiner Park with my grandson and as you're sitting
there watching your kids play, to see the kids interact within the statute of Mr. Kleiner's
grandson is quite entertaining. It's endearing. It's something that is pretty special and I
think that's what's special about this community is the value that we have on our youth
and that interactive play. So, I appreciate that you have it on your agenda and you will
discuss that a little bit further. So, any other comments or questions from Council?
Bird: I have none.
Meridian City Council
August 25, 2015
Page 8 of 46
De Weerd: No? Well, thank you for being here and thank you -- as Mrs. Milam
mentioned, I know that there is a lot of work that goes into the call to artists, the jurying of
the submittals, the great debates as you try and pick the right one for that spot and for this
community. We appreciate your time and talent that you bring to the table. So, thank you
all very much.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: All that being said, I move that we approve the recommendation of the arts
commission to -- for Danielle Foushee's a Canopy Of Color at the corner of Fairview and
Main.
Bird: Second.
De Weerd: I have a motion and a second took approve the recommendation from the
Meridian Arts Commission. Any discussion from Council? Madam Clerk, will you call roll.
Roll Call: Rountree, absent; Bird, yea; Zaremba, yea; Borton, absent; Milam, yea;
Cavener, yea.
De Weerd: All ayes.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
De Weerd: So, next steps are -- you will sit down with the artist to determine the number
of pieces --
Jensen: Right.
De Weerd: And the cost. Negotiate the cost. So, that will come back to Council. I know
that we have funds from the Meridian Development Corporation that will be paying for this
art and so we will look to see how that agreement turns out.
Jensen: Thank you so much.
B. Discussion of Ownership of Parcel at Southeast Corner of
Fairview and Main
De Weerd: Okay. Item 6-B is kind of a follow up to this. The ownership parcel -- or the
ownership of the parcel on which this public art will reside has been an item that Ada
County Highway District owns and wanted to have a discussion by the Council regarding
that ownership.
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August 25, 2015
Page 9 of 46
Nary: Madam Mayor, Members of the Council, I will put this up real quick so the public
can see. I'm not totally sure how to make this clearer. Madam Mayor, Members of the
Council, so I guess to follow up to the last discussion, this location -- I mean, obviously,
there is a little bit more than it's in the drawing, but this location -- corner, as you recall,
used to be a curve, there used to be a traffic lane there. Now that it's just become part of
the corner ACHD did inquire if the city would like to take ownership of this piece . We
already have a maintenance agreement to maintain it and so we discussed that with the
Parks Department, because they would probably be the ones to manage it and deal with it
and they had no objection to adding this to the city's inventory of property . If you would
like us to proceed with that we can get into that -- a little more discussion when we get to
some clarification from the highway district and they would do the metes and bounds
description and all the legal necessities. You will notice it's kind of weird -- and I'm not
sure why the highway district did it this way, but the portion that's purple is the corner -- is
the portion they own, so part of that berm is actually -- is part of the parking lot of that
shopping center, but, again, I don't know that it really matters that much. I mean there is,
obviously, a piece of it that we maintain as part of that corner, but, anyway, if you would
like to us to continue that discussion with the highway district I just needed your direction
to do that, so --
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Yeah, I would love us to continue to see what we need to do to acquire that. I have
a problem spending the money we spend on art deals and putting it on somebody else's
property. So, I would like to see us get on this and see what we have to do to get it.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Bill, can you just walk me through what the process looks like? What would
happen after -- if we go forward with that?
Nary: Sure. Madam Mayor, Members of the Council, Council Member Cavener. If the
direction of the Council is to move forward, what we would do is enter -- they would enter
an agreement with us to transfer the ownership of that property to the city. They would
have to make a declaration at their council -- or commission level to approval the transfer
of the property, because they can only give it to another public entity like ourselves. They
would prepare a metes and bounds description, so we would have something to record as
the deed for the property. Like I said, right now the only issue really -- I mean we already
have agreed to maintain it, so there really isn't a great deal of impact otherwise. There is,
obviously, irrigation that's in this corner now, but we are responsible to maintain it anyway.
So, I don't really see any other liability, concern, or issue that we have other than that.
The reason the discussion come up is we asked them if we need a new license
agreement to put art on this corner and the other agreement we already have where we
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August 25, 2015
Page 10 of 46
put the Under The Sun piece covers this corner. So, they just said, well, we don't need a
license agreement, but, by the way, would you guys just like to take ownership of it
instead, so --
Cavener: Great. Thank you.
Nary: We will -- in the discussion, we will bring the agreement back to you if it all works
out.
Bird: Bring the agreement back.
Nary: Great. Thank you.
De Weerd: So, Bill, maybe when you bring it back or Caleb can bring that piece of
discussion to his all things transportation, but there are other parcels that were part of the
split corridor that the city maintains and that are not on the agenda to discuss regarding
ownership, but because we do maintain them it's worth having the discussion about the
transfer of ownership on those, too.
Nary: And, Madam Mayor, Members of the Council, we actually anticipated that question
potential, so we did ask if that was something within their policy at their -- at least their
legal department level. The median islands are ones they maintain ownership on. That's
their policy. So, I think if the Council desires to have a further discussion it may require a
discussion with the director or with the commission itself as to whether or not they want to
do that. But we did ask to say if that were to come up in this conversation what we tell --
why is this different and, basically, this is no longer a median, it's really just part of the
corner and those other ones are actually medians in the middle of the road . So, that's
why they maintain ownership.
De Weerd: Well, as we expend ownership -- or maintenance resources in maintaining
their property, I think it needs to be a discussion that we have.
Nary: I totally agree. And, like I said, it may just be something that needs to be a little
higher than the staff level.
De Weerd: Okay. Well, we will talk about that may be some ideas under all things
transportation in the next week or two.
Nary: Great. Thank you.
C. Valley Regional Transit Cooperative Agreement Addendum No. 1
De Weerd: Okay. Thank you. Okay. And we added an Item C to this item, which is our
Valley Regional Transit item, which moved from 9-B, to talk about the cooperative
agreement.
Meridian City Council
August 25, 2015
Page 11 of 46
Hood: So, Madam Mayor, Members of the Council, Kelly Fairless and I played rock,
paper, scissors before and I lost, so I will actually be p resenting, but Kelly is here, the
executive director of VRT, if there are any questions about what I'm going to talk to you
about and it's pretty brief. But in fiscal year 2014 the city and VRT entered into a
cooperative agreement. In that agreement the city agreed to provide up to 30,000 dollars
reimbursement for senior transportation services. The City Council had agreed to provide
up to that 30,000 in local match in 2015 as well. However, in October of 2014 when the
city and VRT entered the cooperative agreement for 20 -- for FY 2015 service, the senior
transportation service, also known as the community link services for older adults and
persons with disabilities, was inadvertently left out of that agreement . The cost to the city
in FY 2014 was two dollars a ride, so the total cost to ride is ten dollars and we pay 20
percent of that, so two dollars -- with eight dollars per ride being covered by federal funds.
That FY 2015 funding level that the city committed to is still 30,000 dollars, but as of
November 2014 the per ride cost increased to 15 dollars a ride, with the city's 20 percent,
then, being three dollars per ride right as our match. So, the addendum before you
tonight includes the senior and disability service reimbursement up to 30,000 d ollars.
Again, Kelly is here if you want to have more details about that service . I heard her talk
about that. There has been some discussion, but, again, this is just an oversight in that
agreement and we need to do this addendum to make sure it's part of our agreement
between our two agencies. I will just, as a side note, there is a cost. An invoice was sent
to Finance, so kudos to Finance to say we don't have any agreement saying we pay you
for this service, so that's kind of a cleanup item where we have been receiving some of
this service, but we are starting charges for it and, again, Finance caught that error, so --
also put us to legal for help for the addendum in particular, so --
De Weerd: And it's all well under the amount that was allocated, but I guess, Kelly, if -- if
we could talk about -- that's a pretty big increase in cost from ten dollars to 15 dollars .
What are some of the influencers to that increase?
Fairless: Madam Mayor, the first proposal, that ten dollar rate, was based on a
guesstimate on our part as to what the actual cost per trip was. We do require all of our
community link providers to provide us with a detail cost estimate so we get the detail of
all of their budget items to verify the rate and we think that's a reasonably verified rate for
the Senior Center. The -- the cost range for -- depending on how the service is delivered .
Some of our senior centers are able to justify up to a 23 dollar cost. So, that's the highest
we are paying. I believe that's the Parma Senior Center. Some of that has to do with the
distances that they are traveling as well. The Eagle Senior Center is slightly above the
Meridian Senior Center, so when Eagle provides those trips, the city of Meridian's cost will
stay the same, because we are also supplementing your trips with the Area Agency on
Aging dollars. So, we are able to level that out so your cost will always stay three dollars
per.
De Weerd: What is the ridership?
Fairless: The ridership has continued to be fairly low. W e just got Eagle Senior Center on
board. Meridian Senior Center has been providing their traditional trips that they have
Meridian City Council
August 25, 2015
Page 12 of 46
been providing. We are -- we now have the federal dollars actually in a grant that's taken
us a couple of years to get that, which is sad to say -- to get that through the federal
process. We haven't done a lot of marketing because we didn't have the federal dollars .
We didn't want to market them. We also are working with Star Senior Center, Eagle
Senior Center and Meridian Senior Center to be able to expand the reach and provide
more -- more trips and actually one of the citizens that has been requesting the trips, we
were able to provide transportation through a veteran van, which is really the model we
want to try to develop, which is -- we want to provide the best trip for the most cost-
effective and so we were able to use the veteran van . He's actually participating in a
community process with stakeholders and partners to try to take the service to the next
level now that the federal dollars have started to flow in. So, it's not where I would like it to
be. We are going to be working at that very hard over the next year to really get that up to
be what it needs to be.
De Weerd: We know there are some challenges there in terms of letting our -- our senior
community know that those trips are available, as well as our disabled community as well.
If -- so, where best do you direct phone calls and questions? I know they have been met
with resistance when they call the Senior Center, so does VRT take those phone calls?
Fairless: Yeah. We would encourage people to call 345-RIDE. We have been really
excited about the partnership with the Eagle Senior Center. They are actually beta testing
our reservation system, so if they call 345-RIDE the reservationist can actually put the trip
into the system and, then, we try to find a provider that can provide that service. So, they
are testing and working out the bugs and the goal is within the next six to eight months
that we will have all of the senior centers that are participating in the transportation
service, including, you know, we want to work with Kuna Senior Center, they could also
provide some of the trips to the -- that side of the interstate to City of Meridian. So, you
know, our goal really is to bring in multiple providers and it's not just a senior -- Meridian
Senior Center service, it really is service to your community and your geographic
boundary and I don't think you care which providers provide it, it's really about providing
the trips.
De Weerd: Absolutely.
Fairless: Right.
De Weerd: Amen.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Just wanted to make sure that I didn't mishear. Did I hear correctly that both --
VRT operates the senior transportation program and the Meridian Senior Center also has
their own program?
Meridian City Council
August 25, 2015
Page 13 of 46
Fairless: Madam Mayor, Council Member, Valley Regional Transit is coordinating the
program. We are trying to build a network of transportation providers through our federa l
5310 program that would be matched with federal dollars and , then, local dollars to try to
have a network of transportation available throughout the region . The Meridian service
was kind of our first step in that direction . Now that we have the federal funding available,
we actually also have contracted with his CCOA, which is a provider in Canyon county.
City of Parma. We are working with the Kuna Senior Center to bring them into the
network and we are hoping this -- I guess it's kind of a Community Link 2.0 process where
Mr. Dunlap's actually going to participate in that process to help it -- help us design it so
it's desirable to the customer, operationally feasible, as well as financially viable into the
future.
Cavener: Okay. Great.
De Weerd: And thank you for working with him.
Fairless: Yeah. Thanks.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: Kelly, is the increase in the fee based on the low ridership or is it -- do you think
that -- I guess where I'm coming to is do you think that when the -- when the ridership
increases so there is -- we have full transportation vehicles that the price will go back
down?
Fairless: I don't anticipate the price going down. I think that the price that was quoted
originally was probably lower than it should have been and I think this is the more realistic
price. It really depends a lot on how much -- how much is funded through volunteers
versus paid drivers. That's why the more -- like if a driver is actually being paid by the
Senior Center, which we would encourage. I mean there is really enough of funding --
and that's a pretty affordable cost per ride rate for a service like the Parma Senior Center
is providing. It's a lot more consistent when it's a paid driver. Not every senior center
approaches transportation that way and there is flexibility in this , so that they can
approach it however they would like . But the -- I think that this is a much more realistic
cost per trip based on what it actually cost s to deliver that trip and we will keep a really
close eye on that. Like I said, we do an analysis of -- of the budget to make sure all the
expenses that are included in that are legitimate and justifiable .
Milam: Perfect.
De Weerd: Any further questions? Okay. Well, thank you, Kelly.
Fairless: Thank you.
Meridian City Council
August 25, 2015
Page 14 of 46
De Weerd: Thank you, Caleb. Council, I think you have an agreement in front of you.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I move that we approve the amendment number one to the Valley Regional
Transit cooperative agreement and for the Mayor to sign and the Clerk to attest.
Bird: Second.
De Weerd: I have a motion and a second to approve Item 6-C, which was formerly 9-B.
Any discussion? Madam Clerk, will you call roll.
Roll Call: Rountree, absent; Bird, yea; Zaremba, yea; Borton, absent; Milam, yea;
Cavener, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
Item 7: Items Moved From Consent Agenda
De Weerd: There were no items moved from the Consent Agenda.
Item 8: Action Items
B. Public Hearing Continued from July 21, 2015: RZ 15-008 Avebury
Subdivision by Avebury Development, LLC Located North Side
of E. Pine Avenue and West of N. Locust Grove Road Request:
Rezone of Three (3) Acres of Land from the L-O Zoning District
to the R-15 Zoning District
C. Public Hearing Continued from July 21, 2015: PP 15-007 Avebury
Subdivision by Avebury Development, LLC Located North Side
of E. Pine Avenue and West of N. Locust Grove Road Request:
Preliminary Plat Approval Consisting of Fifteen (15) Single
Family Residential Lots and Five (5) Common Lots on
Approximately Three (3) Acres in a Proposed R-15 Zoning
District
De Weerd: Item 8-A was moved to the Consent Agenda, because we did have
agreement from the applicant to all staff requirements . So, 8-B is a continued public
hearing on RZ 15-008, 9-C -- or 8-C is -- also continues on PP 15-007. I will ask for staff
comments on these two items.
Meridian City Council
August 25, 2015
Page 15 of 46
Parsons: Thank you, Madam Mayor, Members of the Council. As the Mayor alluded to,
this project was continued from the July 21st hearing. Just to get you oriented to where
we are located again and give you a quick synopsis of the project. The property is located
on the north side of East Pine Avenue just west of North Locust Grove . The applicant is
here tonight again to request your approval of a rezone of three acres of land from the L-O
zoning district to the R-15 zoning district in order to construct 15 single family homes. The
Council continued this item for the sole purpose of having the applicant come forward and
bring -- at least clarify four additional items in order for you to make a recommendation or
make a decision on this application and the -- the exhibit before you this evening shows
you what the applicant has done based on those four -- those four criteria that you laid out
at the last hearing. The first item that Council wanted clarification on was the lighting for
the proposed development. You can see here in this graphic that I have depicted the
three street lights that the applicant is proposing to install with the development along the
north boundary. So, one at the end of the common driveway and two lights will be at the
intersection as it comes -- as they enter off of Danbury Fair Subdivision. Another item
was the pedestrian connectivity through the development and how it would tie into the
multi-use pathway developed by the city. I have delineated that pathway alignment in the
blue line on this exhibit. A third item that Council wanted to address was send the
applicant back to Nampa-Meridian Irrigation District and see if they were willing to
entertain additional landscaping within the Five Mile Creek easement area. The proposed
landscape plan -- revised landscape plan before you this evening shows that the applicant
was able to work with Nampa-Meridian Irrigation District and was able to increase that
landscape buffer along the frontage of the development here -- as you see here. So, they
are gaining approximately ten more feet of landscape buffer in front of the proposed
development and, then, that would be on the north side of the existing gravel road that
exists in front of the creek today. One of the addition -- the fourth item or the last item that
was brought up was additional landscaping as you enter off of Kildare, I believe. The
applicant has added a new common lot and landscaped that with shrubs and trees located
here in the northeast corner of the development. That will be a common lot that will be
owned and maintained by the HOA to mitigate some of the concerns from the neighbors
on how that would look -- the aesthetics of that as you enter into the development . The
two items that staff would like clarification on this evening from Council still would be -- in
my presentation back on the 21st was -- if you recall, the applicant was requesting Council
not require the five foot attached sidewalk on the north boundary of East Asbury Avenue,
which is located along the roadway here. As a condition in the staff report staff has a
condition in there that says if Council waives the sidewalk, then, we are looking for the
applicant to put the sidewalk in front of the buildable lots. If a sidewalk -- well, let me
rephrase that. The condition as it reads says that if the sidewalk is not in front of the
homes for this portion of the development the applicant shall construct a five foot sidewalk
on the north boundary of the public street. I know in looking at the public record before
the public hearing this evening Councilman Borton alluded to that he wasn't -- he was in
favor of not requiring the five foot sidewalk on the north boundary of the road . So, I do
bring that to your attention this evening. And, then, of course, the other item that I brought
up pretty heavily at the last hearing was providing that five foot sidewalk in front of those
homes within that easement. The plan, again, this evening does not incorporate that
sidewalk and as you recall I also was advocating that we had the front -- front of the
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August 25, 2015
Page 16 of 46
homes facing Pine and the entrances into that home would be also from that sidewalk in
front of those homes. Again that is not addressed. The applicant is still depicting side
entries, as you can see here in the revised landscape plan. Other than those two items,
the applicant did provide you an updated letter that addressed those four items that you
wanted him to bring back to you. Staff has not received any additional written testimony
this evening and with that I would stand for any questions you might have.
De Weerd: Thank you, Bill. Council, any questions for staff at this time?
Bird: Not at this time.
De Weerd: Okay. Would the applicant like to make comment? And tonight we are just
talking about those four different areas, unless Council has a question on any of the other
items, but if you will keep your remarks focused on those four areas.
Schultz: Thank you, Mayor. Matt Schultz. 8421 South Ten Mile in Meridian. Thanks for
continuing our last hearing so we could go back to Nampa -Meridian Irrigation and see if
they would give us a little bit more along the Five Mile Creek easement . Bill did a good
job of presenting the changes that we did and in my letter is exactly what he covered .
Essentially, we are able to landscape an additional -- an average of ten and a half feet
along the 550 feet of frontage to the north edge of the existing gravel road, which is a
couple feet off of the top of bank . So, from Pine you have -- this goes down, you have a
couple feet. If there is a road and, then, the landscaping will start, instead of having a ten
and a half foot of no man's land, if you will. It will now be irrigated and maintained and
green. So, it, essentially, tripled the amount of landscaping we had along there, which is a
good thing. It's what we always wanted to do and you guys kind of forced us to figure that
out earlier in the game to make that -- sure that that's something that's going to be
required by the city and we are glad to do it to improve that frontage and we would rather
mow grass than weeds. So, bringing up the positive and that goes along with the 38 trees
that the developer is providing out here on this little site. We did add that little triangle, if
you will, about 30 by 20 triangle at our northeast corner -- thanks -- to provide a little bit
more visual enhancement, if you will, from the cul-de-sac residents there. Instead of
looking just at a bare fence they will look at that, which it's not a huge deal for us, but it
probably goes a long way with the neighbors I hope . It will be city enforced. It will be
required of the developer to put that into the common lot. So, we thought we would do
that. We did have the streetlight, as Bill said. You have a little better streetlights back in
that back corner and, then, the Mayor I know suggested we provide some signage saying
Five Mile pathway this way at end of these -- in these cul-de-sacs. We added some
signage to direct people to the Five Mile pathway and one of the things the developer
asked last time is if that blue line, at least from the -- from the parking -- or at least from
our property across to Danbury Fair to be city maintained and the city said we would
rather you maintain it, which -- which is fine. I mean that's what we will have to do, but it
kind of goes back to Mr. Zaremba's question last time about, you know, how do you
determine lots and that's just one more maintenance cost and that easily spread out
amongst these homes and so -- so, you know, there is a big difference between 12 and 15
lots on a per year basis of maintenance costs. It's pretty huge. Probably 25 percent or 30
Meridian City Council
August 25, 2015
Page 17 of 46
percent. So -- but we would like -- we would like the staff report to acknowledge, if it so be
your decision to move us forward t onight, that the condition to build that pathway is still
subject to the Danbury Fair HOA reasonably giving an easement. All indications are that
they will, but until you get it signed you don't know, and so we will try our best to get that
easement from them. They have to sign a document that says we got to build it, we got to
maintain it and so we have been working with them . It's a couple hundred feet of sidewalk
there that goes in the unimproved area that -- from 20 years ago that they didn't have the
level of detail that we now have as we move forward. The last issue really is the sidewalk.
We are strongly in favor of approving it as submitted and approving it as depicted here
without the sidewalk in the rear of the lot. I just -- the rear of the lots. We feel that that
would kind of destroy the integrity of some private open space . The blue line over here is
more of a -- it's outside of those backyards. It's for the connectivity of not only our
residents, but also Danbury Fair as residents over to the Five Mile pathway and it's
separated by a fence that runs along the se backs, 15 feet of landscaping from the
backyard. So, we think there is probably some great detail. We think it's a good project.
It's -- and it is single family detached under the R-15 and we ask for your approval.
De Weerd: Council, any questions?
Cavener: Not right now.
De Weerd: Okay.
Schultz: Thanks.
De Weerd: Thank you. I did have several people sign up on the sheet in the back . When
I call your name if you would like to provide testimony I would invite you forward .
Remember, we are just concerning the four different areas for testimony tonight . Greg
Fastabend is signed up against. Good evening. If you will, please, state your name and
address for the record.
Fastabend: Good evening. My name is Greg Fastabend. I live at 1101 North Shreveport
Avenue, just a few streets down from this proposed development .
De Weerd: Thank you.
Fastabend: I have testified before and I'm surprised to see th at, again, the applicant has
brought this project forward without clarifying the elevations. We have had many
discussions about the landscaping and I think the biggest issue is this sidewalk as
proposed by -- by staff in making this a good development for Meridian. In order to get
the kind of artistic view and acute modern development that the applicant is proposing, he
has submitted elevations that show nice front houses with a front -- with a front sidewalk
and nice entrances, which would meet the kind of appeal that he says this project is going
to bring to the city. But, instead, they are going to put front side entrances along the
driveways and I have brought a picture of a -- well, it's rotated. This is a very similar
development that's going in on Vista Avenue where you can see the kind of a side yard
Meridian City Council
August 25, 2015
Page 18 of 46
side entrance between these narrow shotgun homes and you can't tell me that trying to
sell this -- as a realtor that this is the kind of nice modern home that's going to bring
200,000 dollars and attract people to this development. When you fill this side yard with a
sidewalk and an entrance that you can barely see and , then, you walk these people up to
the garage door, which is the front of your home, and say, oh, no, your house looks great.
You just have to go into the backyard and look at the back of the house, because that's
the cute side. It really doesn't make for a good project for our city. These kinds of in-fill
development have caused a lot of contention and problems in the city of Boise to the point
that they have developed their own zoning category for these types of high density in-fill
projects where existing single family homes are torn down and multiple shotgun homes
are added into the lots. If we look at how this development is sitting right up against some
of the existing homes, especially in Lot 1, you have a 60 foot long, two story building that's
only a few feet off the fence line. So, these existing homes now have a huge wall of this
new project with no mitigating landscaping, no buffer between that house and the new
development. So, this is not working to gradually bring in these homes . This developer is
just throwing this right up against the fence and saying, well, it meets code, so it should be
fine. We need to be looking at these kind of projects as ways to effectively improve the
City of Meridian and as the city has seen it in the original discussion on this plan was that
having those front entrances that face Pine provide a nice scenic view as people are
coming into downtown Meridian. If we try to make these -- this side of the homes
backyards people are going to put up landscaping, they are going to have fences -- it
doesn't produce this kind of nice front entry that the developer claims this project is going
to bring. In saying that we need to create private side yard s -- or private spaces for the
tenants, taking the easement that the developer -- the developer has included to give the
side yards where he wants to throw the se sidewalks -- if those were enclosed as private
spaces they would be even larger than these little backyards that he 's proposing. I would
-- I'm sorry that my time is up. There is a lot of issues that we have brought up, but I think
this is the most significant in how this project is bad and should not be approved as
written. Thank you.
De Weerd: Thank you. Council, any questions?
Bird: I have none.
De Weerd: Appreciate it. Don Weatherhead. Thank you for joining us. If you will,
please, state your name and address for the record.
Weatherhead: Don Weatherhead. 1049 Petersburg Way. I'm in the cul-de-sac that is
right behind the project. Mayor and Councilmen. I spoke to you last time -- we were here
last month and, you know, I told you that I had drove around the city, you know, and I had
looked at three acre, two acre, five acre developments and I -- honestly, I -- there is
nothing in this city that has the density that this has . So, maybe two, three months ago
when he brought this project to Planning and Zoning he only had 13 units and they turned
him down. Now, he's skipping Planning and Zoning and he's coming to you with 15 units
and it's like -- it's almost to a degree of arrogance. I don't know how else to say it. But
he's -- he's putting 15 units. Now, it's my understanding that these units are somewhere
Meridian City Council
August 25, 2015
Page 19 of 46
in the neighborhood of 1,300 square feet. He has some wiggle room I guess. I -- we don't
quite understand how this works. Thirteen hundred square feet, maybe up to 15. So,
does that mean that some will be bigger tha n others or -- I mean he doesn't really clarify
that and so that's like, duh, what does that mean? So, I'd like to just tell you that 16 years
ago we moved into our home. It's 1,350 square feet. And I'm assuming I'm no different
than you folks. Within a year or so as we grew into our home all my toys and barbecues
and lawn mowers and all the stuff that I accumulated, I -- my garage is pretty crowded.
So, I had to put a -- a shed, you know, so I can put all my stuff in the shed. So, that being
said, in reality what are these people going to do after a couple years when they
accumulate all this stuff? Where are they going to put it? They are going to put it in the
garage. So, that -- that being said, after a few years down the road these people are
going to be parking in the driveways and so where are the kids going to play? He doesn't
tell you -- he doesn't give us any idea where these kids are going to play , you know, and I
was scared to death last time I believe it was like a four foot fence that s eparated the
project from the ditch and that's pretty scary, four foot. Well, when I drove around the city
and looked at properties that -- alongside the ditches they were all, you know, six foot and
higher fences and I don't see that in this project . So, my biggest concern is --
De Weerd: If you can wrap it up.
Weatherhead: You know, what happened to the 13 units? Why? And, then, you know, I
would like to see the Council ask for a traffic study, because I -- we are all convinced that
within a few years down the road with these kids and guests, company, they are going to
impact these cul-de-sacs. So, I just strongly I think this is not a good thing for the city.
Thank you.
De Weerd: Thank you.
Cavener: Madam Mayor? Sir, can I ask --
De Weerd: Sir?
Cavener: Don?
Weatherhead: Yes.
Cavener: Could I ask you a question? Don, if I remember correctly from your testimony
last month you live on the cul-de-sac that's near the added landscape common lot; is that
correct?
Weatherhead: Yes.
Cavener: And if I remember correctly you had some concern that lights or people would
kind of be into your yard and your area. My perception is that the developer has added
this common lot to address that concern and I was hoping maybe you would provide some
Meridian City Council
August 25, 2015
Page 20 of 46
testimony or comment specifically to that, because my opinion is that was done as a result
of your testimony from last month.
Weatherhead: Well, thank you, sir.
De Weerd: Sir.
Nary: You have to be on the record, sir.
Weatherhead: By the microphone.
Cavener: But is it --
De Weerd: I can let him know.
Nary: You can point on there.
Weatherhead: Well, if you look up there.
De Weerd: Sir.
Nary: You have to talk in the mike, sir.
Weatherhead: Oh, I'm sorry. I'm not used to --
De Weerd: I can tell him.
Nary: Oh. Sorry.
Weatherhead: Okay. But, in all reality, he's added some -- I don't know what it's going to
be, a tree or a bush or whatever, he doesn't really tell us, but he's adding some kind of
landscape over here in the corner and he doesn't really say anything about , you know,
these trees or bushes or what they are, you know. I mean this -- I don't -- as Greg told
you, he's -- he's building this great up to the fence. There is no landscape to -- from what
I can see that's going to be between the fence and the current existing houses . You
know, you know what I would really love to see, you know, and I -- pardon me. But I
would like to see the owner donate this piece of property to the city and to the
neighborhood and take the tax write off and maybe we could build a nice park or do
something for it, but this is just -- these are like Army barracks and have you seen the
front of the buildings yet? We haven't. I mean he hasn't shown us what the front of the
buildings are going to -- I mean, you know, where the entrance -- the door. It's like, oh,
my gosh. I mean Greg showed you that the deal where there was just this much room.
Where are these kids going to play?
De Weerd: Well, we will certainly ask the --
Meridian City Council
August 25, 2015
Page 21 of 46
Weatherhead: This is terrible.
De Weerd: -- applicant to respond to that. Mr. Cavener, did you have any additional
questions?
Cavener: No. Mayor. Thank you.
De Weerd: Okay. Anyone else? And thank you, Don. Brian Turner. Signed up against.
Thank you for joining us. If you will, please, state your name and address for the record.
Turner: My name is Brian Turner. I live in the subdivision near this development at 1345
East Shelbrooke Drive and I know -- I apologize. Basically I know that my disagreements
are -- the city code don't govern them, so I use this as a forum to, basically, communicate
back to the developer and I will just keep it to -- my main concern is the -- the closeness of
Lot 1 to the backyard of the house there and Greg -- and Mr. Fastabend brought that up.
It's just so close to the property line and two stories -- it's disrespectful to the neighbors
and it's just my main disagreement.
De Weerd: Thank you, Mr. Turner. Is there anyone else who would like to comment?
Yes, ma'am. Please. Thank you for being here.
Fern: Thank you.
De Weerd: If you would, please, state your name and address for the record.
Fern: Gloria Fern and I'm at 1025 North Kildare Place. I just have two comments to
make, but I wanted to make it clear that the person who just spoke -- is there like a little
pen here? The additional landscaping is what I asked for the last time. This gentleman
that spoke before the last gentleman, I don't think that it -- the landscaping was something
that he had asked for in that corner, but I certainly did and I do appreciate that they did
come forward with some kind of a plan. I do think that the trees are really small. They are
two inch caliper trees. It is a deciduous tree that they are going to be putting in, so that it
is going to be green through the winter months and will not lose its leaves, but I would like
to see a larger tree, at least three inch caliper. The other thing that I wanted to make a
comment on was the -- the pathway. I would like to see the pathway join up with Kildare
Place. I'm seeing that it's actually starting over here on -- on St. Petersburg as you come
there. It would be nice if it could go along the -- from Kildare Place over to the -- the St.
Petersburg and join in that way, so that we have a place to get there from Kildare Place if
-- which would -- which would help all the people in -- on that side of the subdivision. So,
it starts over here on St. Petersburg. I would like to see it -- can someone make like a
little line there and, then, up to Kildare where -- because there is no sidewalk there and,
correct me if I'm wrong, but there is not going to be a sidewalk on the north side of that
and is there a sidewalk in the back of the houses there? Oh, there we go. Thank you. I
would like to --
De Weerd: Thank you, Don.
Meridian City Council
August 25, 2015
Page 22 of 46
Fern: I would like the pathway to come from Kildare Place and, then, just go along here,
so that we have a connection there to get to the pathway. Right now there is no -- there is
no sidewalk here, so that's kind of a problem. So, we need either a sidewalk somewhere
in the back here so that we can connect to the pathway from Kildare Place and that's
really what I wanted to say is the sidewalk issue and making the trees just a little bit bigger
for that subdivision. Thank you very much.
De Weerd: Thank you. Okay. Any further testimony? Okay. Matt, would you like to
maybe address some of the things that were brought up in testimony?
Schultz: Yeah. Matt Schultz for the record. I don't have to say my address again to I?
De Weerd: No, you don't.
Schultz: Thanks. Just making sure. Thanks for all that. Some of those things were I
thought beyond the scope of the continuance, but I would be glad to address them
nonetheless. Mr. Fastabend showed some kind of picture that -- I'm not sure where it
came from. It doesn't apply to our project and we did provide elevations, both front and
back, last time. Usually --
De Weerd: Bill, can you -- I'm sorry, Matt. Can you find those and bring those --
Schultz: So, typically, what the city gets is a front elevation. The elevation where the
driveway is, where people take access. What you have from us was not only the front,
which were some pictures previous to this -- or there was some other pictures. If you can
go back. So, that's -- those are the elevations off of the entrance, but something the other
projects never provide is what happens in the rear. We provided that, too. And they are
very cute, they are very over articulated. Usually staff provides a comment to articulate
the rears. Well, we have overarticulated the rears. So, what you have got is a really --
you have got -- which is this. This is our rear modified to not -- not have that sidewalk
coming in. This will be a rear slider door or whatever in a backyard. So, you're getting the
best of both worlds of having more architecture on the record than you usually get and I
know this, because I have brought them forward and usually just get a condition that the
rear be articulated. Well, you can see that it's very well articulated and probably more so
than if you just provided that condition.
De Weerd: And so your rear will have doors?
Schultz: It will have a door, but it will be like a sliding glass door. It will be like they will
have living room access to the backyard. It will be a door to the backyard.
Bird: Those don't show a sliding glass door.
Schultz: They don't. This is our project. This is in southeast Boise. We are developing a
new -- a new product here. We are not copying somebody else's completely. We are
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taking this, we are modifying it. This is a picture -- a real picture, something that's actually
been built, instead of a sketch, that we would like to emulate mostly, with some slight
modifications to the door.
De Weerd: For the solid door it would have this --
Schultz: Yeah. It would have that field that you see off of -- off of Pine, which I think is a
-- very much a positive thing that you're getting this kin d of architectural treatment. This is
a good thing. This is not a bad thing. It's more than you get when homes back up to a
main road. You could drive down this way and when you look at those, you get this. You
just don't. So, this is a good thing. As far as a couple of the -- Mr. Fastabend and Mr.
Turner both have the Lot 1, Block 1, proximity issue. I believe we have nine or ten feet
there, which -- or I believe -- we meet code, but just across the fence -- a couple feet off
the fence there is a big huge shed and, you know, we are doing our part to meet code.
I'm not sure theirs meets code on the other side of the fence and their home is like 60 feet
away, 50 feet away over there on a big lot. So, there is a good separation between
homes. We are meeting code. If you would like us to provide a bigger setback there than
what we provided we can do that, but we felt like we have provided a good setback. Mr.
Weatherhead -- I'm not sure where he came up that we changed lot counts between P&Z
and City Council. I'm not that -- I have never tried that. That would not be good. We
have always submitted 15 from day one and that's what we are proposing here . We didn't
change anything. We are not that arrogant to go do that and try to run around P &Z. That
would not be good. We do have a variation of lot sizes and we do have a six foot fence.
We have always proposed a six foot fence. We have never propose a four foot fence. I'm
not sure where that one came from. So, our landscape plan has all the details. It meets --
it meets -- it's a good landscape plan. We employ top notch landscape architects. We
just say give us your best shot and they give us a landscape plan and we say , yeah, that
looks good. We have at least two inch trees. Sometimes we get two and a half,
sometimes we get twos, but that meets code in all of your subdivisions. Two. We did
provide that extra landscaping there. And other than that -- if you go back to the overall,
Bill, please. Yes. The pathway essentially does connect to the sidewalk there. I mean
that is the connection from that cul-de-sac. The red line. And that's the connection from
that cul-de-sac and, then, there is a -- there will be ped ramp on either one of these
corners crossing across the street. So, both -- both cul-de-sacs get good connection over
to the Five Mile pathway. So, all we are asking for is a waiver of the north side . Staff did
put this trade in there that if you don't do the frontage we want you to do the other one.
We would like to not do either, but if you made us do one we would rather do the one
along the north side of Asbury. Like I said, we want to maintain the integrity of those
backyards for private space. We would rather not do that, but -- destroy that by putting a
sidewalk through there. So, with that we would ask for your approval. Thank you.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
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Bird: While you got the drawer there, draw me where the back fence is going to be -- or
the south fence.
Schultz: The south fence --
Bird: Because I can't tell. I can't tell by your -- your drawings what's front and what's
back.
Schultz: That is your rear fence. Just like the rear fence for Danbury is over here. Our
rear fence is here.
Bird: Okay.
Schultz: And, then, it wraps -- wraps in here and wraps in there. And, then, on the
outside of that fence, between the fence and the street, we have at least 15 feet of
landscaping. The ditch access road. The ditch. And, then, the city pathway is over here
that runs on this -- on this side. There is a detached house over there. So, that's it.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: So, we have gone around on this so many times, I'm sorry, now I'm getting
confused. Probably more, but -- so, the -- Pine is -- so, you have the backyard where you
just want to have grass and no sidewalks in between . But you have a fence on the other
side of that, then, you have 15 foot of landscaping and, then, you have Pine. So, really,
from Pine we are not seeing a front door or back door or any really door, because we are
seeing a six foot fence?
Schultz: You're seeing landscaping before you see the fence. You're seeing 15 foot of
landscaping and a row of trees and, then, there is a fence and, then, you have the
backyards and, then, you have the two story houses.
De Weerd: And those aren't solid fences.
Schultz: Your code allows either a four foot solid or a six foot open. We have shown a six
foot wrought iron. That's what your code allows up against common areas. So, we have
shown six foot. So, really, if the landscaping wasn't there you would see the front of it.
But the landscaping is there and so you will see the second story when it's mature. There
is some privacy. Some semblance of privacy for those backyards. So, it's a tradeoff. You
know, I've seen some architecture having some privacy and having some good
landscaping.
Milam: Madam Mayor? I just don't think that looking at somebody's backyard in any way
driving down a main road is a good idea. I don't want to see somebody's backyard.
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Schultz: We do have a landscape buffer and it is 90 feet away. It's a long ways away.
Milam: That was my other question. Okay.
Schultz: It's further than most backyards. Most backyards would be about 60 from an
arterial road like this. Because of the Five Mile Creek it pushes us back another 35 feet or
40. So, it's -- it's way back there.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Matt, I think we talked about this last time. This is a different project. I like it. I
think doing things that are different for Meridian is a good thing. But when you do a
different project you got to make sure that we are doing everything right and I apologize if
I'm belaboring this issue and this question. Back to sidewalks. So, it sounds like, if I'm
seeing this right, East Asbury Way, we have got a sidewalk south of that. But for Lots 1,
2, 3, 4 and 5 the sidewalk is north of Asbury Way. Is that accurate as to what I'm seeing?
Schultz: What you're seeing in front of north -- of one, two, three, four and five is a 20 foot
private driveway.
Cavener: No sidewalk?
Schultz: No sidewalk. Just a driveway there is what you're seeing. And this is pretty
typical. You will see three to four, five lots. It meets the -- the maximum length code of
where you have a driveway coming off of your main road , you know, that's a 20 foot
driveway. It allows you to walk on it, because cars aren't that wide. You can't park on it.
There is no parking. Cars are typically half that width at most.
Cavener: Okay. Thank you.
Schultz: Yeah.
Cavener: Maybe -- Madam Mayor, follow up real quick?
De Weerd: Uh-huh.
Cavener: This added streetlight that's there, is it just sitting next to the landscape? I
mean typically when I see streetlights in Meridian they are attached to a sidewalk of some
sort. Is it going to be in landscape dirt?
Schultz: That's a good question. Mayor, Councilman Cavener, we should probably just
extend that five foot landscape buffer all the way to the west property line as a condition
and just have it in there. You know, we kind of left that up to the homeowner there to
landscape that. It wouldn't be dirt. It would be grass or something else, but it's not
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controlled by the developer, it's more the homeowner when they come in and do their own
personal landscaping. So, it's really behind the pavement and, then, some grass at a
minimum. But we could always continue that landscaping all the way across there that
extra 30 feet or so.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Go to the elevations, Matt. I want you to show me what's north and what's south on
the elevations.
Schultz: Okay.
Bird: Because I'm having a hard time wrapping around. I understand this is the --
De Weerd: That's south.
Bird: -- entrance side; right?
Schultz: This right here is -- it's, essentially, the garage -- yeah, the garage --
Bird: North side.
Schultz: Yeah. The garage is --
Bird: The north side.
Schultz: No. This is the side that faces Pine.
Bird: That's the side -- well, you told me you were going to have sliding doors in there and
that's --
Schultz: As I say, we are going to modify that elevation , the bottom of it, to provide a rear
access to their backyard. This is -- we are giving you more detail than you usually get for
a rear -- for the frontage on Pine. So, the top -- the top part here. This here -- this is the
garage side that faces on Asbury, because that's where they are going to take access to
their home.
Bird: And that's what I'm saying. You have got -- this is the north side of the house -- of
the house.
Schultz: I didn't see where you were pointing, but where I've done the --
Bird: The bottom. Right there is the north side.
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Schulz: Yes. That is.
Bird: Okay. I understand that now.
Schultz: Yes.
Bird: This is the south.
Schultz: Yes.
De Weerd: The top.
Schultz: The top.
Bird: That's the south end.
Schultz: Yes.
Bird: And, then, over to the left of that is the entry.
Schultz: Uh-huh.
Bird: And in the picture he had, if it had been right side up, probably give a good idea of
what that looks like, but he didn't have it right side up.
Schultz: It's hard to tell how wide that was. We are going to have at least ten. I mean it's
a wider than this. I mean it's not this. It's wider than I can reach, you know, which is
plenty of room to get a three foot sidewalk into your entryway and, then, most of our
private open space will be in the back, but some on the side with a short little access into
the side of the house and you see some of this on some -- even three -- bigger homes,
you see some little side entries. We have some in Reflection Ridge. You know, it works.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: Matt, in the conceptual drawings there where fences between homes.
Schultz: Yes.
Milam: Are those included in that? So, are they going to have a private side yard?
Schultz: Yeah. If you could, B ill, get me back to the site plan, please. Yeah. The last
meeting I had a blow up of say four or five lots that showed this one better. But,
essentially, between every -- so that would be the private yard for this house and so on
and so on down the road . So, there is a fence off of each side for the full width up to one
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corner of the house to the other corner of the next house you will have side yard fencing
back to the back. So, it will be contained. It will only be contained for the back of the
house to the back fence that runs parallel to Pine and provide private open space so
people can run their dogs or the kids or whatever without -- you know, it's important -- it's
important in Idaho on a lot to have private open space and detached , instead of attached.
Not that attached is bad, but we think it's a selling point for this that it's detached and there
is private open space.
Milam: That five feet on the side.
Schultz: Even the big homes have five feet on a side. I mean --
De Weerd: Okay. Mr. Zaremba.
Zaremba: Madam Mayor, I would like to ask our fire department a question.
De Weerd: Is your mike on?
Zaremba: It's on, but I'm not close enough to it I guess.
De Weerd: Thank you.
Zaremba: Even that last discussion, fences and stuff, this is a pretty narrow space
between two large buildings and I guess my question for the Fire Department is if we chip
away at that with entryways and fences, are you still going to be able to get into the
backyard with a ladder and a hose and -- what is this doing for safety?
Jones: Councilman Zaremba, Madam Mayor, Members of the Council, it would make
access for us difficult, but not impossible, as long as the -- spacing and setbacks are to
code, that ensures that we can get our personne l back there. This home would be near
impossible for us to reach with a ladder truck to do an elevated operations . We would
have to do it with ground ladders, but it is possible .
De Weerd: I'm sorry, sir.
Schultz: If I could, Mayor and Councilman Zaremba. This is actually better than what you
usually get with the standard say R-4 subdivision where you have a five foot setback to a
fence that runs between the homes. Five foot off the house to a fence with a gate in front
and five foot to the house. We are not going to have that gate in the front. We are not
going to have that fence between the homes . It's all going to be open. So, this is actually
an improvement on what you would typically get in a typical subdivision . We are not going
to have that fence running down between the homes, you know, where they run parallel to
each other. That fence is going to be gone, because we are going to have an exclusive
use easement for the one house to the next house as well and the architecture is set up
so the windows provide some privacy as well on that side of the house . So, this is
specifically designed to utilize that whole ten foot space for the one homeowner and so on
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down the way and have that open. So, this is better for access than what you typically get
with a fence running down between homes. That's going to be open. It's going to be
open. So, this is -- this is better for access than what you typically get. This isn't a
downgrade. This is an upgrade. For some reason this one is getting twisted around on
me and I just want to make sure you understand this is actually an upgrade, not a
downgrade on safety. That's something I would never represent is a downgrade on
safety. I would just tell the guys I don't want to represent you and not be in front of you
tonight. You know, I don't need the work that bad, so -- yeah.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: So, to make sure I'm understanding what you just said, one lot -- so, basically, the
fence goes along this -- right along the side of one house and, then, you have the whole
ten feet up to the next house and, then, they have the ten feet on the next --
Schultz: On the opposite side.
Milam: Okay.
Schultz: And on down the way. And this is what you typically see with, quote, unquote --
this is like an alley loaded product. We don't have an alley per se, we have a road, but
this is what you typically see to provide additional usable space . You see this happening
in some of the -- the more creative projects, which I think we have to try to improve it and
make it better. It's sellable. I mean that's really what it's all about. Sellable to you, but
also sellable to somebody who wants to spend 200,000 and buy this. So, that's important
as well.
De Weerd: Okay. Any further questions from Council?
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: Okay. Now we are getting back to the sidewalk.
Schultz: Okay.
Milam: Okay. So on the south side I believe.
Schultz: Uh-huh.
Milam: Where would this -- so, the sidewalk that they want -- it would be where? If there
is a fence and there is fences in between and, then, there is an open fence across, where
would the sidewalk be and --
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Schultz: It would -- essentially have to put it on -- see, the blue fence here, that would be
actually on the -- it would have to go on the other side of our fence and, then, cut through
at this corner as a gate and it would take -- theoretically -- theoretically take access this
way and, then, on this side the same thing, you would have a sidewalk running over here.
These homes would take access this way. And, instead, we want the homes to take
access where their driveway is right here.
Milam: But you have a fence going all the way up, so would it be basically a gate?
Schultz: Well, it doesn't make sense and we don't want to do it , that's why we are
objecting. We would rather provide more room for the home footprint than the room for
this extra five feet of sidewalk and that's one of the big reasons and if you did say we need
an extra five feet of sidewalk -- extra sidewalk on the north side of Asbury, those footprints
would shrink by five feet. It wouldn't be a deal killer, but we would prefer to have that
extra five feet of house, because the whole site plan would shift five feet. If that makes
sense, so --
Bird: Madam Mayor?
De Weerd: So, the sidewalk's on -- on the south side of the fence?
Schultz: At Asbury, yes.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Schulz: Right here.
Bird: For everybody's clarity, Matt, show us how each one of the houses -- like the ten on
the east side and the five on the west side get access to the walking path at the south
end.
Schultz: Yes. Mayor and Council Members, all -- everybody that lives in the subdivision,
as well as everybody that lives outside --
Bird: I mean out of these houses. Show me on the east side how -- how these people are
going to come out their door and where they are going to go to get to the pathway. I think
I know, but --
Schultz: Yeah. So, like for this one here you walk out, go out his driveway and run over
to this blue line.
Bird: Okay. That's what I thought.
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Schultz: This guy would come over here and run over to the -- basically everything
converges on this --
Bird: No gates in the back; right?
Schultz: Nothing off the back.
Bird: Okay.
Schultz: No gates off the back.
De W eerd: Okay. Anything further from Council?
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: One last question I think.
Schultz: No problem.
Milam: So, you don't want to put a sidewalk either on Asbury, which is where the red -- is
that where -- the red line that you address across?
Schultz: Yes. We have one there on the south side. We have a sidewalk there. So, you
have a sidewalk and your driveway on the south side of Asbury. The north side we have
our landscaping, if -- if it was so requested we would -- you would see an additional five
feet of concrete up there on the north. Everything shifted five feet south to leave the five
foot landscaping and add an extra five feet of concrete.
Milam: Okay. But there is access -- sidewalk access from every house?
Schultz: Off the -- yeah. Except for over here on the left side it's via the driveway, as Mr.
Cavener pointed out.
Milam: I'm done.
De Weerd: Anything further from Council? Thank you.
Schultz: Thank you.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
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Cavener: I think just for those in attendance, I was reviewing the notes from the Planning
and Zoning hearing. There was I think a question about 13 units being presented and 15
to us. When you go look at the -- at the notes from the Planning and Zoning Commission
there were 15 units presented. I appreciate that concern and it was something that
seemed to -- so, I made a look back, but I just thought it was important that you know that
the applicant was forthright at Planning and Zoning, they were forthright tonight. Hearing
no other questions or comments, I move we close the public hearing on RZ 15-008 and
PP 15-007.
Bird: Second.
De Weerd: I have a motion and a second to close the public hearings on Items B and C.
All those in favor say aye. All ayes.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: I move we approve RZ 15-008 and include all staff, applicant, and public
testimony, taking into account the additions of the pathway connectivity, the landscaping
along Five Mile Creek, the additional lighting and the additional landscaping adjacent to
Danbury Fair, recognizing that the path connection is somewhat subject to an easement
from the Danbury Fair HOA.
Bird: Second.
Cavener: I will take a breath.
Bird: Good job.
De Weerd: Bill, do we have a development agreement on this?
Parsons: Madam Mayor, Members of the Council, at this time -- if you recall, Planning
and Zoning did recommend denial of the project, but, yes, there is a DA --
De Weerd: So, this could be part of the development agreement, these stipulations?
Parsons: It certainly could be, yes.
De Weerd: Okay. And that was your intent?
Cavener: Yes, ma'am.
De Weerd: Okay.
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Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Discussion if I may. I will admit that I'm struggling with this. I agree that the
L-O zone probably is not ever going to work out to be appropriate in this location and that
it should be a residential zone. I am not convinced that R-15 is correct. I applaud the
applicant for creativity. I think this is a product that in another location would be very
viable. Mr. Schultz mentioned that typically this is found on an alley loaded product, not in
the middle of an existing neighborhood. I guess I was not satisfied -- I hinted at it with a
question about whether this could be five or six typical lots with single family homes
similar to the rest of the neighborhood and this is in the middle of an existing
neighborhood, so -- and while I applaud the creativity and I think this would be excellent
somewhere else, I'm more inclined to be thinking that even though the L-O is not correct,
it should be R-4, not R-15.
De Weerd: I guess I appreciate, Mr. Zaremba, your comments. This was designated L-O,
which would have had an easier time of penciling out the infrastructure t hat's needed to be
placed in here. I think because of the infrastructure that needs to be put in with the roads,
the sidewalks and et cetera, that houses will never pencil out. So, I think that's why you
see a higher density recommended and I believe that was part of the testimony in the first
one. Additional comments or -- comments or questions?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Bill, what's -- yeah. What's the Danbury Fair Sub and them? Aren't they R-8s or are
they R-4s?
Parsons: Madam Mayor, they are -- it looks like R-8.
Bird: That's what I thought. I -- and along the lines -- same lines as Councilman
Zaremba, I think this is awful heavy density. Definitely it's got to be residential of some
sort, but -- and they have done -- Matt's done a great job of doing with what he's got. That
isn't the easiest little area to put something on . But I wish we had about half the houses
on there that we do, but -- I will have to -- I will have to -- I got about two minutes to decide
one way or the other. Thank you.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Maybe an additional comment. Especially for the -- the residents of Danbury
Fair. I appreciate your testimony, both tonight and last week, and I think what you're
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hearing from the Council is this is a -- this is a challenging one. I think that you could have
anything presented in front of us here and we could say, boy, I'm not quite sure if this is
the right place for that. I think that as Meridian has changed, our housing options and
demands have changed dramatically and I think that this project is reflective on that. I
grew up in Old Town and there were homes that were built around our home and they
looked different and they felt different and it doesn't mean they were wrong, they just were
different and I think that the applicant has a challenge of bringing forth something that's
different tonight, but I don't necessarily think that's bad . I think that it's a unique project,
one that will meet the needs of our community and does a great job addressing a piece of
land in our gateway. So, I appreciate both of your comments that it's -- that maybe there
is too many homes. I think that what we are seeing across the country and in Meridian is
that this is the type a product that people in our community are looking for and I think it's a
good first step in addressing some of that need in our community.
De Weerd: Any additional discussion? Madam Clerk, will you call roll.
Roll Call: Rountree, absent; Bird, aye; Zaremba, nay; Borton, absent; Milam, aye;
Cavener, aye.
De Weerd: Okay. The ayes have it.
MOTION CARRIED: THREE AYES. ONE NAY. TWO ABSENT.
De Weerd: Item 8-C.
Cavener: Madam Mayor, I move we approve PP 15-007, including all staff, applicant, and
public testimony.
Bird: Second.
De Weerd: I have a motion and a second to approve Item 8 -C and I believe that you
clarified this in the DA, but --
Bird: Yes.
De W eerd: -- to just restate on the sidewalk, that the applicant has asked not to have to
put in on the north side of the project, that it would not require that.
Cavener: Correct.
De Weerd: Okay. Any further clarification, staff, needed on this? Any discussion from
Council? Madam Clerk, will you call roll.
Roll Call: Rountree, absent; Bird, nay; Zaremba, aye; Borton, absent; Milam, aye;
Cavener, aye.
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De Weerd: Okay. The ayes have it.
MOTION CARRIED: THREE AYES. ONE NAY. TWO ABSENT.
D. Public Hearing: TEC 15-003 Avendale Subdivision by Silver Oaks
Apartments, LLC Located North of W. Franklin Road and West of
N. Ten Mile Road Request: One (1) Year Time Extension on the
Preliminary Plat for Avendale Subdivision in Order to Obtain the
City Engineer's Signature on a Final Plat
De Weerd: Item 8-D is a public hearing on TEC 15-003. I will open this public hearing
was staff comments.
Parsons: Thank you, Madam Mayor, Members of the Council. The next item on the
agenda is the Avendale Subdivision time extension. Currently this site consists of 20.61
acres of land, zoned R-15 within the city. It's located north of West Franklin Road, just
west of North Ten Mile Road. In 2011 the applicant was before Council and received
preliminary plat approval for that subdivision. The planning director has granted one
director time extension as well in 2012 and that was good for two years. So, the applicant
is here this evening to discuss a one year time extension. Based on the request from the
applicant, it appears that they are waiting for their approval from Nampa-Meridian
Irrigation District. Once they receive those approvals they should be able to get the
necessary signatures from the city and all the other applicable agencies and wrap up the
final plan. The applicant has provided written testimony in agreement to the conditions in
the staff report. To my knowledge there aren't any outstanding issues before you this
evening and be happy to stand for any questions you may have.
De Weerd: Thank you, Bill. Council, any questions?
Bird: I have none.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Question about process.
De Weerd: If you can speak into your mike.
Zaremba: Sorry. Question about process. I drive up and down Franklin and building has
commenced. I didn't think that could happen until the plat had been signed and recorded.
Maybe I'm not understanding the process.
Parsons: Well, Madam Mayor, Members of the Council, Councilman Zaremba, I don't
know all of the history on the site, but I believe they have c ommenced with their
conditional use permit that was granted in 2005. Maybe the applicant can shed light on
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that. And they had a buildable lot , so, technically, you don't need to plat this property in
order to construct a multi-family. I believe the applicant has just chosen to do that for
finance purposes. So, staff felt it was appropriate -- or at least allow them to move
forward at getting the construction started and the final plan is to help the financing. So,
there will be additional phases out th ere, but right now there is a legal lot for the applicant
to build on and that's why you see the construction without this final plat having to be
recorded.
Zaremba: Uh. Okay.
De Weerd: Any other questions for staff? Would the applicant like to make comment?
Hello.
Stiles: Hello.
De Weerd: Thank you for being here. If you will state your name and address for the
record.
Stiles: My name is Shari Stiles from Engineering Solutions. 1029 Rosario in Meridian.
De Weerd: Thank you.
Stiles: And that is a good question. Why are they having a building permit before they
have a plat and Bill explained it perfectly. It is for financing. They went through a rather
lengthy process with HUD to get the financing and now they are subdividin g it into four
separate lots that will coincide with their phasing for the different units that they have . But
they have all the signatures. They were waiting on -- the last item was Nampa-Meridian
Irrigation District's approval of the encroachment -- or, actually, the building right next to
the Kennedy Lateral, there is quite a large ditch on the west boundary and they just
received approval from them and once we get a recorded license agreement, which is any
day, we will get it submitted to the city and to Ada County and, hopefully, get it recorded
within the next two months.
Zaremba: Thank you. Something else you said brings up another question, however.
Stiles: Oh oh.
Zaremba: A long time ago -- and I suspect we are now on their third or fourth owner of
this property since it originally came through for approval, but you mention ed the Kennedy
Lateral I think it is. Between where the L-O zone is and where the R-15 zone is, the
original applicant was required to bond for half a bridge over th e lateral, assuming that
when the next property was built they would have to pay for the other half . Is that still in
effect? I don't know whether that's a question for staff or for you. But are you aware of
that?
Meridian City Council
August 25, 2015
Page 37 of 46
Stiles: Mayor de Weerd, Councilman Zaremba, it is still in place with ACHD. They had a
letter of credit for that bridge construction and they had renewed the letter of credit and
kept it current.
Zaremba: Great. Thank you.
De Weerd: Thank you. Any other questions? Thank you, Shari.
Stiles: Thank you.
De Weerd: Is there anyone who would like to provide testimony on this item?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Seeing none, I move we close the public hearing on TEC 15-003.
Milam: Second.
De Weerd: I have a motion and a second to close the public hearing on item 8-D. All
those in favor say aye. All ayes.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve TEC 15-003 and to include all staff and applicant comments.
Milam: Second.
Zaremba: Second.
De Weerd: I have a motion and a second to approve Item 8-D. Any discussion from
Council? Madam Clerk.
Roll Call: Rountree, absent; Bird, aye; Zaremba, aye; Borton, absent; Mila m, aye;
Cavener, aye.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
Meridian City Council
August 25, 2015
Page 38 of 46
E. Amended onto the Agenda: Continued Public Hearing from
August 18, 2015: 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 8-E is -- has been asked to amend, that it is a continued public hearing
from August 18th on MDA 15-008. I opened that public hearing at that time. I will ask for
staff comments.
Beach: Good evening, Mayor and Council Members. This is a development agreement
modification for Jump Time. This is the -- the project is located east of South Eagle Road
and south of East Amity Road. Sorry. East of Eagle, south of Franklin. This project was
originally brought before you in 2009. The site received a Comprehensive Plan map
amendment and annexation and zoning approval with C -C zoning. The applicant
requests an amendment to the existing development agreement to amend the dates of the
agreement, update the owner information, modify certain sections and provisions
contained in the DA and replace a concept plan approved -- let's see -- approved with the
annexation of the property. So, as you can see this is the zoning in the aerial. As you see
to the left here this is the previously approved concept plan that was originally approved
with a large amount of connectivity around the site , including several water features and a
lot of landscaping. They are requesting that the concept plan to the right be approved
with certain modifications, some of them being the 25 foot buffer that is required when a
commercial use abuts a residential use on the west, east, and south boundaries. The
property on the east was included in the Comprehensive Plan amendment back in 2009
and may, upon annexation, be developed with the commercial use. Staff amendment to
the landscaper buffer reduction to the east. Staff is also supportive of the buffer reduction
to 20 feet along the south and west boundaries if the applicant constructs the decorative
CMU wall, excuse me, as described in the development agreement. In reviewing that
when it was approved back in 2009, the residence to the south and to the west -- I will go
back to the aerial here and show you. It's this property here and this property here. There
is just three properties that would be affected -- because there is affected properties that
go from the boundaries and, then, this property here to the west that would be affected by
that CMU wall. Staff is in favor of the modifications with those -- with those changes and,
then, I have got the kind of layout -- the changes that staff is in favor of, some of them are
minor, just changing some of the modifications to the site , one being that because of the
reduction in the number of buildings, the original requirement that the fire department had
for an address kiosk be removed and not necessarily that the reduction in the buildings on
site. Staff is agreeable to the landscape reduction. So, there is a condition if that what's
happened that that CMU wall be installed and stand for any questions you may have.
De Weerd: Council, any questions?
Meridian City Council
August 25, 2015
Page 39 of 46
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Just an odd question. Building D looks to have like a race track. Is that a --
Beach: That's correct. That's a good question. They have shown on their concept plan
that that would be potentially a drive -thru. So, if they did do that they would be required to
get a conditional use permit for that, so --
Cavener: Great.
De Weerd: Any other questions from Council at this point? I'm really excited to ask the
developer about that race track, because it looks like a really tight turn to get into it, but --
a real hard one. So, is the applicant here this evening? Good evening. If you will,
please, state your name and address for the record.
Anderson: Good evening, Madam Mayor and Council Members. Eric Anderson. 119
East State Street, Eagle, Idaho. And thank you again for seeing us tonight at our
continued hearing. You know, I have read through the staff comments in depth and the
development agreement and was an integral part of helping write this -- these
modifications and creating this new site plan that I think works really well for this
development and this piece of land. I have spoke with the prospective buyer of this
property and the developer and we have gone in depth through every comment
throughout the amendment and the only thing we would like to discuss is the fence. We
have talked to the neighbors to the south and I actually have a letter I would like to submit
from them that they have all signed and some images from them where they have agreed
to allow us to pay for the existing fence and match the fence and run it the rest of the way
down the south boundary. So, it would be a six foot high vinyl fence, solid, and I will give
you a picture of that here in just a second. In the letter saying that if they -- they approve
and they would totally agree to that. Then we have a section of the west boundary that
we would need to -- I think there is a ditch there. We would like to provide an eight foot
high fence along there and we weren't -- we haven't been able to speak with the owner of
that property -- would be the Yoder property, but we would do an eight foot fence for them.
Other than that -- I will give you the letter and those images here. Bill, do you want those
to put back where they show here?
Parsons: Eric, we can take it from you or you can present it to the clerk and she can take
it in for the record.
Anderson: Okay. So, once again, just to restate, we are in agreement with the changes
in the staff report and any questions I could help address please fire away. And, yes,
Building B is a proposed -- really this is a concept plan, of course, but, you know, at some
point I think it would be great to have a drive-thru on this property. As people are going
down -- heading east on Franklin and turning right onto Eagle Road I think there is a great
Meridian City Council
August 25, 2015
Page 40 of 46
need for some type of coffee shop or something here and with the development we are
trying to create it would be a great addition there, so --
De Weerd: Council, any questions for the applicant?
Bird: I have none.
De Weerd: This has changed quite a substantially from the original plan where it looked
to have a nice visual -- vision corridor from the Franklin Road, which is a busy road and I
guess, first, I have a question as to the big Building B, what is that? Is that a single user
anticipated? Is it another strip mall? What is that vision into that building?
Anderson: It would be a focused children's entertainment facility and possible family
center is what that would be.
De Weerd: So, most likely, then, a single user?
Anderson: Uh-huh. Yes.
De Weerd: And the green out in front of the building is that --
Anderson: We are going to -- it's a plaza. So, it will be landscaped. A nice plaza to really
highlight the building's entrance. You know, our vision architecturally here I think is very
nice and I think it will be very pleasing. We are -- the overall development concept is a
mixed use. We want some -- a little bit of retail. We want Building B as our big user and
that really anchors the development. Building C possible retail or possible office and
that's all dependent on the user we find for that property. We don't know yet. But
whatever we do will be consistent with the C-C zone and so -- and, yeah, one thing we are
trying to do is show the building pushed up to the landscape and not have parking first . I
know that's what a lot of the requirements that are happening in the local jurisdictions and
we are all trying to see the building first and not the cars and one thing we will add when
we -- and that's in part of the staff comments is more pedestrian connection and as we
develop this and -- and that's due, as I understand, when I go in for a certificate of zoning
compliance, that's when I will need to show more connection and we will, we will have
sidewalks and people will be able to walk down Franklin and come in and tie into anything
in the site. There will be a -- we will have a nice monument sign out front, you know, for
all the property owners and that will come in with the building certificate as well . So, at
this point when we are talking development agreement, I think we are trying to be
consistent with the ordinances and the C-C zone and give you a nice development here
and it's going to be focused on family.
De Weerd: That works very well in Meridian.
Anderson: Good.
Meridian City Council
August 25, 2015
Page 41 of 46
De Weerd: I guess I still continue to have -- we have some C-C developments that the
parking lot is a nightmare and car circulation is incredibly not intuitive and I'm -- it just
really looks like this is kind of a disaster waiting to happen and that is my only concern.
Anderson: Okay. Are you thinking -- Madam Mayor, are you thinking Building B and the
drive-thru there?
De Weerd: Well, I guess both A and B is A would have -- to the people that want to go to
A would be going against of the people coming out of the drive -thru. Yeah, that one is not
real intuitive.
Anderson: Actually, our arrows are incorrect on these. They would be running north and
south, not east and west. So, the long way where cars would stack and park and we can
address those when we come through, again, you know, for the zoning compliance, we
will definitely clean that up and --
De Weerd: Well, I certainly know I am not a parking lot design expert, but I have seen in
many of our parking lots neither was at the person who designed it. So, I -- that is only my
concern.
Anderson: Yeah. No, this will be --
De Weerd: And we are the ones that get the phone calls that say what were you thinking
and I would like to at least say I was thinking of something during this one .
Anderson: We will definitely gladly address your comments as we work through the site
plan in more depth, you know, for the next round. There will be a few -- and, you know,
there might not even be a drive -thru here. I mean that's -- it might not be an issue, so --
but if there is I guarantee you we will have the proper stacking and the right circulation
and that it will work well.
De Weerd: Thank you.
Anderson: So -- yeah.
De Weerd: Any other questions from Council?
Bird: I have none.
De Weerd: Okay. Thank you.
Anderson: Thank you.
De Weerd: This is a public hearing. Is there anyone who would like -- oh, I do have two
people that were signed up. Sheila Yoder signed up against and Marcia Yoder as well
signed up against. Okay. And Chad Babcock in favor. Would you like to provide
Meridian City Council
August 25, 2015
Page 42 of 46
testimony? Okay. Thank you. Any further testimony? Yes, please. Good evening. If
you will, please, state your name and address for the record.
Sterm: My name is Jack H. Sterm. I live at 2900 East Springwood Drive. I have that
large -- one of the largest parcels on the backside of that property. I have already talked
to Chad about things and agreed to lowering this the fence, this and that. I don't have a
problem with that, as long as the fence goes up first before you start doing any kind of
landscaping, because I know there is field mice there and he said that they would most
likely do that. I actually think this would actually work there, because that piece of
property where it's at, this and that, I think is actually a good thing, to be honest. That's
really all I wanted to say.
De Weerd: Well, thank you.
Sterm: Okay.
De Weerd: We appreciate you being here.
Sterm: Thank you.
De Weerd: Okay. Anything further from the public? Any further comment from the
applicant? No? Okay. Yeah. Don't feel you need to.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Seeing we have no more public testimony, I move we close the public hearing on
MDA 15-008.
Milam: Second.
De Weerd: I have a motion and a second to close of the public hearing on this item. All
those in favor say aye. Thank you. All ayes. Motion carried.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve MDA 15-008 and to include staff and applicant comments.
Milam: Second.
Meridian City Council
August 25, 2015
Page 43 of 46
De Weerd: I have a motion and a second to approve Item 8-E. If there is no discussion,
Madam Clerk, will you call roll.
Roll Call: Rountree, absent; Bird, aye; Zaremba, aye; Borton, absent; Milam, aye;
Cavener, aye.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
Item 9: Department Reports
A. Mayor's Office: Resolution No. 15-1085: Appointment of Robert
Keith Mortensen to Seat 4 of the Meridian Historic Preservation
Commission
De Weerd: Okay under 9-A. Council, you have in front of you a Resolution 15-1085 and
information on Robert Keith Mortensen, who is my appointment recommendation for Seat
4 of the Meridian Historical Preservation Commission. I would entertain any questions
that you might have. If there are none, I would also entertain a motion to approve.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I don't have a question, but not seeing anybody else does, so I move that we
approve Resolution 15-1085, the appointment of Robert Keith Mortensen to Seat 4 of the
Meridian Historic Preservation Commission.
Milam: Second.
De Weerd: I have a motion and a second to approve item 9-A. Any discussion from
Council?
Cavener: Madam Mayor?
De W eerd: Mr. Cavener.
Cavener: Real briefly. It's my assumption that Seat 4 is the seat that was held by Dr.
Tom?
De Weerd: Yes.
Cavener: Okay. Big shoes to fill. Glad to have him on board.
De Weerd: Big shoes to fill. Madam Clerk, will you call roll.
Meridian City Council
August 25, 2015
Page 44 of 46
Roll Call: Rountree, absent; Bird, aye; Zaremba, aye; Borton, absent; Milam, aye;
Cavener, aye.
De Weerd: All ayes.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
Item 10: Ordinances
A. Ordinance No. 15-1656: An Ordinance (AZ 15-006 Dunwoody Lot
5) for the Annexation and Zoning for a Parcel being all of Lot 5 of
Block 1 of Dunwoody Subdivision as shown in Book 58 of Plats
on Page 5482, records of Ada County, Idaho and a portion of the
SW ¼ of the NW ¼ of Section 29, Township 4 North, Range 1
East, Boise, Ada County, Idaho. Establishing and Determining
the Land Use Designation of said 1.57 acres of Land from RUT to
R-2 (Low Density Residential) Zoning District
De Weerd: Item 9-B was moved to a previous agenda item. Item 10-A is Ordinance 15-
1656. Madam clerk, with you, please, read this ordinance by title only.
Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 15-1656, an
ordinance AZ 15-006, Dunwoody Lot 5, for annexation and rezone of a parcel of land
being all of Lot 5 of Block 1 of Dunwoody Subdivision, as shown in Book 58 of plats on
pages -- on page 5482, records of Ada County Idaho, and a portion of the southwest one
quarter of the northwest one quarter of Section 29, Township 4 North, Range 1 East,
Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain
lands and territory situated in Ada County, Idaho, and adjacent and contiguous to the
corporate limits of the City of Meridian, as requested by the City of Meridian, establishing
and determining the land use zoning classification of said lands from RUT to R-2, low-
density residential district, in the Meridian City Code, providing that copies of this
ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the
Idaho State Tax Commission as required by law and providing for a summary of
ordinance and providing for a waiver of the reading rules and providing an effective date.
De Weerd: You have heard this ordinance read by title only. Is there anyone who would
like to hear it read in its entirety?
Milam: Madam Mayor?
De W eerd: Mrs. Milam.
Milam: Seeing none, I move that we approve Ordinance No. 15-1656 with suspension of
rules.
Meridian City Council
August 25, 2015
Page 45 of 46
Bird: Second.
De Weerd: I have a motion and a second to approve Item 10-A. If there is no discussion,
Madam Clerk.
Roll Call: Rountree, absent; Bird, aye; Zaremba, aye; Borton, absent; Milam, aye;
Cavener, aye.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
Item 11: Future Meeting Topics
De Weerd: Council, any items for consideration under Item 11 for future meeting topics?
Bird: Madam Mayor, I don't have a future meeting, but I do have an announcement. If
you guys haven't got registered for the park tour on September 2nd, would you, please, do
it. I think it would be very nice to go through and see the parks. So, that includes public
or staff. Council.
De Weerd: Thank you, Mr. Bird. I would also -- I meant to bring this up when the Arts
Commission was here, but if you haven't noticed the art wrap on the corner of Pine and
Meridian, that is the Mayor's Award winner for this year's art contest. I love my dog. He is
a kindergartner and he drew that, because he loves his dog. It looks perfect right there in
front of the Boys and Girls Club. So, if you haven't seen it --
Bird: He's a talented young kid.
De Weerd: -- take a look. He is. We got to -- his parents brought him in, so we could
meet him and he's a delight. Anyway, if there is nothing further, I would entertain a motion
to adjourn. Oh. And, by the way, that was paid for by the sponsors of the State of the
City. I would entertain a motion to adjourn.
Bird: So moved.
Milam: Second.
De Weerd: All those in favor say aye. All ayes.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
MEETING ADJOURNED AT 7:58 P.M.
Meridian City Council
August 25, 2015
Page 46 of 46
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
MAYOR TAMMY de WEERD
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Changes to Agenda: None
Item #8B & C: Avebury Subdivision (RZ-15-008 and PP -15.007)
Application(s): Time Extension (preliminary plat)
Size of property, existing zoning, and location: This site consists of 3 acres of land currently zoned L-0 is located at 800 E. Pine
Avenue.
History: In 1991, the subject property was annexed (Ordinance #559) as part of A Danbury Faire Subdivision with the L-0 zoning
district.
Summary of Request: The application was continued from the July 211t City Council hearing for the sole purpose of discussing the
following items:
1) Pathway connection through the proposed development;
2) Landscaping the area along the Five Mile Creek;
3) Lighting for the proposed development; and
4) Additional landscaping adjacent to Danbury Faire.
The applicant has provided Council with a letter and revised landscape plan that details the proposed changes.
Outstanding Issue(s) for City Council:
1) Sidewalk in front of the homes along the Five Mile Creek east of the prosect parking lot; and
2) Sidewalk on the north side of E. Avebury Ave.
Notes:
Item #81D: Avendale Subdivision (TEC -15.003)
Application(s): Time Extension (preliminary plat)
Size of property, existing zoning, and location: This site consists of 24.61 acres of land zoned R-15, located at 3800 W. Perugia
Street, north of W. Franklin Road and west of N. Ten Mile Road.
History: The preliminary plat for the subject property was approved in 2011. One previous 2 -year time extension was granted by the
Director.
Summary of Request: The applicant requests approval of a one year time extension on the preliminary plat in order to obtain the City
Engineers signature on a final plat. The applicant is awaiting documentation from NMID to allow the final plat to be signed. City
services have been installed on the site and building has commenced. Approval of the time extension will allow the applicant to
continue obtaining signatures and record the plat.
Outstanding Issue(s) for City Council: None
Notes:
Item #8E: Jump Time (MDA -15.008)
Application(s):
➢ Development Agreement Modification
Size of property, existing zoning, and location: This subject property is located east of S. Eagle Road and south of E. Amity Road
History: In 2009, this site received comprehensive plan map amendment and annexation and zoning approval with C -C zoning known
as Macha Retail Plaza. A development agreement was required as a provision of annexation.
Summary of Request: The applicant requests an amendment to the existing development agreement (DA Instrument #111006191) to
amend the dates of the agreement, update the owner information, modify certain sections and provisions contained in the DA and
replace the concept plan approved with the annexation of the property.
The approved concept plan depicts eleven (11) buildings, interconnected walking paths, hardscape plaza areas, several water features
and landscaped entryway into the development. A majority of these design features staff supported with the original concept plan are
proposed to be removed with the subject application.
The proposed concept plan depicts four (4) buildings that vary in scale and bulk however no square footages are depicted on the plan.
The concept plan also depicts a drive-through on this site which is within 300 feet of a residential use. Per UDC 11-4-3-11, drive-
through establishments require CUP approval if they are located within 300 feet of an existing residence or residential district. In
addition, there are specific use standards for drive-through establishments that are listed in UDC 11-4-3-11. If a drive-through
establishment are proposed on this site, a CUP shall be required that complies with the UDC sfa—ndards.
The applicant is seeking a waiver from Council to reduce the landscape buffers along the west, east and south boundary as allowed
under UDC 11-313-9C.2. A 25 -foot buffer is required when a commercial use abuts a residential use which it does on the west, east and
south boundary. Since the property on the east was included in CPA 09-005 and may (upon annexation) be developed with commercial
uses, staff is amenable to the landscape buffer reduction on the east boundary. Staff is also supportive of the buffer reduction to 20
feet along the south and west boundary if the applicant constructs the decorative CMU wall as described in DA provision #10.
Written Testimony since Commission Hearing: None
Staff Recommendation: Approval
Notes
Meridian City Council Meeting
DATE: Auaust 25. 2015
ITEM NUMBER:
PROJECT NUMBER: FP 15-023
ITEM TITLE: Final Order: Hills Century Farm
Final Order: FP 15-023 Hill's Century Farm Subdivision No. 3 by Brighton
Investments, LLC Located 5340 S. Eagle Road Request: Final Plat Approval
Consisting of Thirty -Nine (39) Building Lots and Five (5) Common Lots on
11.2 Acres of Land in the R-8 Zoning District
MEETING NOTES
P 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
Meridian City Council Meeting
DATE: Auqust 25, 2015 ITEM NUMBER: 5B
PROJECT NUMBER:
ITEM TITLE: IdaPac
IdaPac (Southridge Subdivision) Sewer and Water Easement
MEETING NOTES
{taupe
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
ADA COUNTY RECORDER Christopher D. Rich 2015-086404
BOISE IDAHO Pgs=5 LISA BATT 091171201511:12 AM
MERIDIAN CITY NO FEE
IIIIIIIIIII IIIIIIIIIIIII'III II I II 1111111 IIII IIIA
00146128201500864040050069
SANITARY SEWER AND WATER MAIN EASEMENT
THIS INDENTURE, made this, day of August, 2015 between SOUTHRIDGE FARM, LLC,
the parties of the first part, and hereinafter called the GRANTORS, and the City of Meridian, Ada
County, Idaho, the party of the second part, and hereinafter called the GRANTEE;
WITNESSETH:
WHEREAS, the GRANTORS desire to provide a sanitary sewer and water main right-of-
way across the premises and property hereinafter particularly bounded and described; and
WHEREAS, the sanitary sewer and water is to be provided for through underground
pipelines to be constructed by others; and
WHEREAS, it will be necessary to maintain, service and subsequently connect to said
pipelines from time to time by the GRANTEE;
NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS,
and other good and valuable consideration, the GRANTORS do hereby give, grant and
convey unto the GRANTEE the right-of-way for an easement over and across the following
described property:
(SEE ATTACHED EXHIBITS A and B)
The easement hereby granted is for the purpose of construction and operation of sanitary
sewer and water mains and their allied facilities, together with their maintenance, repair,
replacement and subsequent connection at the convenience of the GRANTEE, with the free
right of access to such facilities at any and all times.
TO HAVE AND TO HOLD, the said easement and right-of-way unto the said GRANTEE,
it's successors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,
that after making repairs, performing maintenance, replacements or subsequent
connections to the sanitary sewer and water mains, GRANTEE shall restore the area of the
easement and adjacent property to that existent prior to undertaking such procedures.
However, GRANTEE shall not be responsible for repairing, replacing or restoring anything
placed within the area described in this easement that was placed there in violation of this
easement.
Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc
THE GRANTORS hereby covenant and agree that they will not place or allow to be placed
any permanent structures, trees, brush, or perennial shrubs or flowers within the area
described for this easement, which would interfere with the use of said easement, for the
purposes stated herein.
THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of
the right-of-way and easement hereby granted become part of, or lie within the boundaries
of any public street, then, to such extent, such right-of-way and easement hereby granted
which lies within such boundary thereof or which is a part thereof, shall cease and become
null and void and of no further effect and shall be completely relinquished.
THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized
and possessed of the aforementioned and described tract of land, and that they have a good
and lawful right to convey said easement, and that they will warrant and forever defend the
title and quiet possession thereof against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their
signatures the day and year first herein above written.
GRANTOR:
SOUTMUDGE FARM,
By EAMI, LLC, Managua
By: Corey D. Barton, Manager
STATE OF IDAHO--)
SS.
County of Ada )
On this`=day of August, 2015, before me, the undersigned, a Notary Public in and for
said State, personally appeared Corey D Barton, known or identified to me to be the person
® whose name is subscribed to the within instrument as the Manager of EAMI, LLC, who is
the Manager of Southridge Farm, LLC and acknowledged to me that he executed the same
as such Manager.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
(SEAL) ®a�®o®®4p �'LqQ�'®w res�iding
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Sanitary Sewer and Watef+- EASMT S&W 11-15-13.doc
GRANTEE: CITY OF MERIDIAN
Tammy de,*— e . ed, Mayor
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Attest byC,$ ycee L. Holman, City Clerk x
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Approved By City Council On: w
the 7Rf ASUati.�
STATE OF IDAHO,
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County of Ada )
On this (X,o day of Po,)QoR�— , 20, before me, the undersigned, a Notary
Public in and for said State, personally appeared Tammy de Weerd and Jaycee L. Holman,
known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho,
and who executed the within instrument, and acknowledged to me that the City of Meridian
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
,•' CHS •.
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NOTARY P ICjO� IDAHO
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Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc
August 19, 2015
Project No. 114121
0
THE LAND CROUP, INC.
Exhibit A
I DAPAC
SEWER & WATER EASEMENT
A parcel of land being in a portion of the Northeast One Quarter of Section 23, Township 3 North, Range 1 West, Boise
Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows;
Commencing at the Northeast corner of said Section 23;
Thence on the north line of said section 23, N 89°19'41" West, 72.51 feet;
Thence leaving said north line, S 0040'19" W, 53.50 feet to a point on the westerly Right -of -Way line of S. Linder Rd.;
Thence on said westerly Right -of -Way line S 44°19'00" E, 26.15 feet;
Thence S 00°41'26" W, 476.00 feet;
Thence S 00°27'19" E, 22.98 feet, to a point of curvature;
Thence on the northerly Right -of -Way line of S. Spanish Sun Way, 28.60 feet on the arc of a curve to the right, having a
radius of 30.00 feet, a central angle of 54°37'08", and whose long chord bears S 63°22'52" W, 27.53 feet;
Thence N 89°18'34" W, 17.31 feet, to a point of curvature;
Thence 145.44 feet on the arc of a curve to the right, having a radius of 219.00 feet, a central angle of 38°02'59", and whose
long chord bears N 70°17'05" W, 142.78 feet, to the point being the POINT OF BEGINNING;
Thence leaving said northerly Right -of -Way line, N 28°24'31" E, 38.49 feet;
Thence N 00°40'39" E, 41.88 feet;
Thence N 89°19'21" W, 3.50 feet;
Thence N 00°40'39" E, 20.00 feet;
Thence S 89°19'21" E, 3.50 feet;
Thence N 00°40'39" E, 237.33 feet;
Thence S 89°19'21" E, 34.00 feet;
Thence S 00°40'39" W, 217.00 feet;
Thence S 89°19'21" E, 32.50 feet;
Thence S 00°40'39" W, 20.00 feet;
Thence N 89°19'21" W, 32.50 feet;
Thence S 00°40'39" W, 70.60 feet;
Thence S 28°24'31" W, 50.37 feet, to a point of curvature;
Thence 34.21 feet on the arc of a curve to the right, having a radius of 29
and whose long chord bears N 55°44'07" W, 34.18 feet, to the being the
Said Parcel contains 12561 sq. ft. (0.29 acres) acres more or less.
PREPARED BY:
THE LAND GROUP, INC.
Michael S. Femenia
'04"
Site Planning • Landscape Architecture • Civil Engineering • Golf Course Irrigation & Engineering • Graphic Design • Surveying
462 E. Shore Drive, Suite 100 • Eagle, Idaho 83616 • P 208.939.4041 • www.thelandgroupinc.com
3
9
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Line Table
EN
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z'
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L5
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50
L7 N28'24911 38.49'
1/2
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L5 S89'19'21'E 3.50'
GAEL S.
L7 S69'19'21'E 32.50'
L8 SGO'4039Nd 20.00'
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LID S26'2431'W 50.37'
m
N
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S 00°40'19" W 53.50' — —I N89°19'41" W 72.51'
NE CORNER
SEC.23
R/W
S 44019'00" E A'r.
(
Curve Table
Line Table
_
O1
CD
z'
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L5
LINE BEARING LENGTH
L7 N28'24911 38.49'
L2 NO0'4G39'E 41.88'
L3 NB9'1921'W 3.50'
L4 N00'4039'E 20.00'
L5 S89'19'21'E 3.50'
L6 S89'19'21'E 34.00
L7 S69'19'21'E 32.50'
L8 SGO'4039Nd 20.00'
L9 N8919TIM 32.50'
LID S26'2431'W 50.37'
142.76'
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S 00°40'19" W 53.50' — —I N89°19'41" W 72.51'
NE CORNER
SEC.23
R/W
S 44019'00" E A'r.
(
Curve Table
CURVE
LENGTH
RADIUS
DELTA CHORD BEARING
CHORD LENGTH
C1
28.60
SOW
54°3TOB' S6322'52`W
27.53'
C2
145.44'
219.00' 1
381259' N70'17'05'W
142.76'
C3
34.21'
219.00'
8'5104° N55'4497'W
34.18'
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N89°1 771 -5,
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0 50' 100'
40 Sewer & Water Easement
HORIZONTAL SCALE: i° = 50
�►\ /e.►� THE LAND GROUP
�1 //�1' INCORPORATED
r 462 East Shore Drive, Suite 100
Eagle, Idaho 83616
. � Phone 208.939.4041 � Fax 208.939.4445
Sheet Tille:
IdaPac
Southridge Subdivision
Exhibit 'B'
Mereidian Idaho
Pralecl Na.: 114121
Me of lewence: 08/112015
Designed by LASE
Checked by: STArF
Shee No.;
1
Meridian City Council Meeting
DATE: August 25, 2015 ITEM NUMBER: 5C
PROJECT NUMBER: AZ 15-006
ITEM TITLE: Development Agreement
Development Agreement between the City of Meridian and Michael & Linda
Williams (AZ -15-006) Dunwoody Subdivision Lot 5
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
ADA COUNTY RECORDER Christopher D. Rich 2015-079537
BOISE IDAHO Pgs=27 DAWN TRIVOLIS 081271201510:31 AM
MERIDIAN CITY NO FEE
I IIIIIIIIIN 1111111 IIIII11111 IIII III
00138776201500796370270276
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Michael & Linda Williams, Owner/Developer
25 THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this - day of ��, i , 2015, by and between City of Meridian, a municipal
corporation of the State of1daho, hereafter called CITY whose address is 33 E. Broadway Avenue,
Meridian, Idaho and Michael & Linda Williams, whose address is 3819 Collister Drive, Boise, ID
83703, hereinafter called OWNER/DEVELOPER.
1. RECITALS:
1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of
certain tract of land in the County of Ada, State of Idaho, described in Exhibit
"A", which is attached hereto and by this reference incorporated herein as if
set forth in full, herein after referred to as the Property; and
1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance,
require or permit as a condition of zoning that the Owner/Developer make a
written commitment concerning the use or development of the subject
Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of
Section 11-513-3 of the Unified Development Code ("UDC"), which
authorizes development agreements upon the annexation and/or re -zoning of
land; and
1.4 WHEREAS, Owner/Developer has submitted an application for the
annexation of approximately 1.57 acres of land from the RUT zoning district
in Ada County to the R-2 (Low Density Residential) zoning district (as
described in Exhibit "A"), under the Unified Development Code, which
generally describes how the Property will be developed and what
improvements will be made; and
1.5 WHEREAS, Owner/Developer made representations at the public hearings
both before the Meridian Planning & Zoning Commission and before the
Meridian City Council, as to how the Property will be developed and what
improvements will be made; and
DEVELOPMENT AGREEMENT—DUNW OODY LOT 5 (AZ— 15-006) PAGE. 1 OP 9
1.6 WHEREAS, the record of the proceedings for the requested preliminary plat
on the Property held before the Planning & Zoning Commission, and
subsequently before the City Council, includes responses of government
subdivisions providing services within the City of Meridian planning
jurisdiction, and includes further testimony and comment; and
1.7 WHEREAS, on the 20 day of July, 2015, the Meridian City Council
approved certain Findings of Fact and Conclusions of Law and Decision and
Order ("Findings"), which have been incorporated into this Agreement and
attached as Exhibit "B"; and
1.8 WHEREAS, the Findings require the Owner/Developer to enter into a
Development Agreement before the City Council takes final action on final
plat; and
1.9 WHEREAS, Owner/Developer deems it to be in its best interest to be able to
enter into this Agreement and acknowledges that this Agreement was entered
into voluntarily and at its urging and request; and
1.10 WHEREAS, City requires the Owner/Developer to enter into a development
agreement for the purpose of ensuring that the Property is developed and the
subsequent use of the Property is in accordance with the terms and conditions
of this Agreement, herein being established as a result of evidence received
by the City in the proceedings for zoning designation from government
subdivisions providing services within the planning jurisdiction and from
affected property owners and to ensure zoning designation are in accordance
with the amended Comprehensive Plan of the City of Meridian on April 19,
2011, Resolution No. 11-784, and the UDC, Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are contractual and
binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and
phrases herein contained in this section shall be defined and interpreted as herein provided for,
unless the clear context of the presentation of the same requires otherwise:
3.1 CITY: means and refers to the City of Meridian, a party to this Agreement,
which is a municipal Corporation and government subdivision of the state of
Idaho, organized and existing by virtue of law of the State of Idaho, whose
address is 33 East Broadway Avenue, Meridian, Idaho 83642.
3.2 OWNER/DEVELOPER: means and refers to Michael & Linda Williams,
whose address 3819 Collister Drive, Boise, Idaho 83703, the party that is
DEVELOPMENT AGREEMENT—DUNWOODY LOTS (AZ -15-006) PAGE 2 oP 9
developing said Property and shall include any subsequent
owner/developer(s) of the Property.
3.3 PROPERTY: means and refers to that certain parcel(s) of Property located
in the County of Ada, City of Meridian as described in Exhibit "A"
describing the parcels to be re -zoned Low Density Residential (R-2) and
attached hereto and by this reference incorporated herein as if set forth at
length.
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the
right to develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed
under the UDC.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the following
special conditions:
5.1.1 One (1) access via N. Locust Grove, an arterial street, is allowed for this
property as depicted on Exhibit A.2 of the Staff Report in the attached
Findings of Fact and Conclusions of Law (Exhibit B), in general alignment
with E. Commander Street on the west side of N. Locust Grove Road.
5.1.2 Future development of this property is restricted to a maximum of two (2)
dwelling units.
5.1.3 A minimum 25 -foot wide street buffer shall be provided along N. Locust
Grove Road as set forth in UDC Table 11-2A-4 and shall be landscaped in
accord with the standards listed in UDC 11-313-7C.
5.1.4 This development is required to connect to the City water and sewer system
unless otherwise approved by the City Engineer in accord with UDC 11-3A-
21.
5.1.5 All development shall comply with the dimensional standards for the R-2
zoning district listed in UDC Table 11-2A-4.
5.1.6 A minimum 5 -foot wide detached sidewalk is required to be constructed
along N. Locust Grove Road within the street buffer in accord with UDC 11-
3A-17. Detached sidewalks are required to have an average minimum
separation of greater than 4 feet to back of curb, per UDC 11 -3B -7C.1(2).
Coordinate the location of the sidewalk with ACRD.
5.1.7 An underground pressurized irrigation system is required to be provided for
this development in accord with UDC 11-3A-15.
DEVELOPMENT AGREEMENT-DUNWOODYLOT 5 (AZ -15-006) PAGE. 3 OF 9
5.1.8 The irrigation ditch that runs along the north boundary of this site is required
to be piped unless left open as a water amenity (as defined in UDC 11-1A-1)
or linear open space in accord with UDC 11-3A-6.
5.1.9 One (1) Type 1 street light is required to be installed along N. Locust Grove
Road; coordinate the details with Austin Peterson, Public Works Department
(208-489-0352).
5.1.10 Applicant shall be required to extend sanitary sewer and water services, and
pay normal single family home assessment and meter fees.
5.1.11 Prior to granting occupancy of a dwelling, the provisions listed above shall be
satisfied.
6. COMPLIANCE PERIOD This Agreement must be fully executed within two (2)
years after the date of the Findings for the annexation and zoning or it is null and void.
DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
7.1 Acts of Default. Either party's failure to faithfully comply with all of the
terms and conditions included in this Agreement shall constitute default
under this Agreement.
7.2 Notice and Cure Period. In the event of Owner/Developer's default of this
Agreement, Owner/Developer shall have thirty (30) days from receipt of
written notice from City to initiate commencement of action to correct the
breach and cure the default, which action must be prosecuted with diligence
and completed within one hundred eighty (180) days; provided, however, that
in the case of any such default that cannot with diligence be cured within
such one hundred eighty (180) day period, then the time allowed to cure such
failure may be extended for such period as may be necessary to complete the
curing of the same with diligence and continuity.
7.3 Remedies. hl the event of default by Owner/Developer that is not cured after
notice as described in Section 7.2, Owner/Developer shall be deemed to have
consented to modification of this Agreement and de -annexation and reversal
of the zoning designations described herein, solely against the offending
portion of Property and upon City's compliance with all applicable laws,
ordinances and rules, including any applicable provisions of Idaho Code §§
67-6509 and 67-6511. Owner/Developer reserves all rights to contest
whether a default has occurred. This Agreement shall be enforceable in the
Fourth Judicial District Court in Ada County by either City or
Owner/Developer, or by any successor or successors in title or by the assigns
of the parties hereto. Enforcement may be sought by an appropriate action at
law or in equity to secure the specific performance of the covenants,
agreements, conditions, and obligations contained herein.
DEVELOPMENT AGREEMENT- DUNWOODY LOT 5 (AZ -15-006) PAGE 4 OF 9
7.4 Delay. In the event the performance of any covenant to be performed
hereunder by either Owner/Developer or City is delayed for causes that are
beyond the reasonable control of the party responsible for such performance,
which shall include, without limitation, acts of civil disobedience, strikes or
similar causes, the time for such performance shall be extended by the
amount of time of such delay.
7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or
more of the covenants or conditions hereof shall apply solely to the default
and defaults waived and shall neither bar any other rights or remedies of City
nor apply to any subsequent default of any such or other covenants and
conditions.
8. INSPECTION: Owner/Developer shall, immediately upon completion of any
portion or the entirety of said development of the Property as required by this Agreement or by City
ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written
approval of such completed improvements or portion thereof in accordance with the terms and
conditions of this Agreement and all other ordinances of the City that apply to said Property.
9. REQUIREMENT FOR RECORDATION: City shall record this Agreement,
including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the
third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by
the City Council. If for any reason after such recordation, the City Council fails to adopt the
ordinance in connection with the annexation and zoning of the Property contemplated hereby, the
City shall execute and record an appropriate instrument of release of this Agreement.
10. ZONING: City shall, following recordation of the duly approved Agreement, enact a
valid and binding ordinance zoning the Property as specified herein.
11. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the
UDC, to insure the installation of required improvements, which the Owner/Developer agrees to
provide, if required by the City.
12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued
in any phase in which the improvements have not been installed, completed, and accepted by the
City, or sufficient surety of perfornance is provided by Owner/Developer to the City in accordance
with Paragraph I 1 above.
13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by
all ordinances of the City of Meridian unless otherwise provided by this Agreement.
14. NOTICES: Any notice desired by the parties and/or required by this Agreement
shall be deemed delivered if and when personally delivered or three (3) days after deposit in the
United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed
as follows:
DEVELOPMENT AGREEMENT-DUNwooDY LOT 5 (AZ -15-006) PAGE 5 OF 9
CITY:
City Clerk
City of Meridian
33 E. Broadway Ave.
Meridian, Idaho 83642
OWNER/DEVELOPER:
Michael & Linda Williams
3819 Collister Drive
Boise, ID 83703
with copy to:
City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
14.1 A party shall have the right to change its address by delivering to the other
party a written notification thereof in accordance with the requirements of this section.
15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto
concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as
may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall
survive any default, termination or forfeiture of this Agreement.
16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time
is strictly of the essence with respect to each and every term, condition and provision hereof, and that
the failure to timely perforin any of the obligations hereunder shall constitute a breach of and a
default under this Agreement by the other party so failing to perform.
17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure
to the benefit of the parties' respective heirs, successors, assigns and personal representatives,
including City's corporate authorities and their successors in office. This Agreement shall be
binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest
in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or
portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any
successor owner or owners shall be both benefited and bound by the conditions and restrictions
herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and
recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion,
had determined that Owner/Developer has fully performed its obligations under this Agreement.
18. INVALID PROVISION: If any provision of this Agreement is held not valid by a
court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement
and the invalidity thereof shall not affect any of the other provisions contained herein.
19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party
shall act reasonably in giving any consent, approval, or taking any other action under this Agreement.
DEVELOPMENT AGREEMENT—DUNwooDy LOT 5 (AZ- 15-006) PAGE 6 OF 9
20. COOPERATION OF THE, PARTIES: In the event of any legal or equitable action
or other proceeding instituted by any third party (including a governmental entity or official)
challenging the validity of any provision in this Agreement, the parties agree to cooperate in
defending such action or proceeding.
21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements, condition and understandings between Owner/Developer and City relative to the subject
matter hereof, and there are no promises, agreements, conditions or understanding, either oral or
written, express or implied, between Owner/Developer and City, other than as are stated herein.
Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to
this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them
or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted
ordinance or resolution of City.
21.1 No condition governing the uses and/or conditions governing re -zoning of the subject
Property herein provided for can be modified or amended without the approval of the
City Council after the City has conducted public hearing(s) in accordance with the
notice provisions provided for a zoning designation and/or amendment in force atthe
time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the
date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in
connection with the annexation and zoning of the Property and execution of the Mayor and City
Clerk.
[end of text; signatures, acknowledgements, and Exhibits A and B follow]
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the patties have herein executed this agreement and made
it effective as hereinabove provided.
OWNER/DEVELOPER:
By:
Mich el Williams
By: l td&— kc C,U�
Linda Williams
DEVELOPMENT AGREEMENT-DUNWOoDy LOT 5 (AZ- 15-006) PAGE 7 OF 9
ATTEST:
STATE OF IDAHO )
ss
County of Ada
CITY OF MERIDIAN
Byi 9✓ztffGre�I
-Mayor -Tt_. de Weerd
ionxo
SEAL W
(F`rfga ,P�
E ode 10.E A5��
On this day of Aw t &Q - , 2015, before me, a Notary Public,
personally appeared Tammy de Weerd andJaycee L. Holman, know or identified to me to be the
Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person
that executed the instrument of behalf of said City, and acknowledged to me that such City executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
(SEAL)
L
Notary Public fpr Idaho
Residing at:
Commission expires: S_e
DEVELOPMENT AGREEMENT—DUNWOODY LOT 5 (AZ— 15-006) PAGE 8 OF 9
STATE OF IDAHO )
ss:
County of Ada,
On this day of,'k�Ik4 2015, before me, the undersigned, a Notary Public in and
for said State, personally appeared Michael Williams known or identified to me to be the person
who signed above and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
(SEAL)
m*
STATE OF IDAHO )
6X91
County of Ada,
Notary Public for Idaho
Residing at:�'�� i,,C C✓ a i �C��C
My Commission Expires
On this`�_ day of . 12015, before me, the undersigned, allotary Public in and
for said State, personally appeare Lind Williams known or identified tome to be the person who
signed above and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
(SEAL) YZ Y��
lSSW"% Notary Public for Idaho
Residing at:^-/�'YL,•e t
My Commission Expires:
DEVELOPMENT AGREEMENT - DUN W OODY LOT 5 (AZ -15-006) PAGE 9 OF 9
Exhibit A
Legal Description & Exhibit Map for Annexation Boundary
Annexation Legal Description
Lot 5, 81ock t, Dunwoody Subdivision
A parcel being all of Lot 5 of Block 1 of Dunwoody Subdivision as shown In Book 58 of Plats on
Page 5482, records of Ada County, Idaho, and a portion of the SW'/, of the NW Y. of Section 29,
Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly
described as follows:
Commencing at a Brass Cap monument marling the northwest corner of the NW Y, of said
Section 29, from which an Aluminum Cap monument marking the southwest corner of said NW
Y, bears S 0°01136" E a distance of 2656.61 feel;
Thence S 0°01'36" E along the westerly boundary of said NW 1/4 a distance of 1326.31 feet to a
point marking the northwest corner said SW Y4 of the NW '/, the northwest corner of said
Dunwoody Subdivision, and the POINT OF BEGINNING;
Thence leaving said westerly boundary N 89°404" E along the northerly boundary of said
Dunwoody Subdivision a distance of 376.56 feet to a point marking the northeast corner of said
Lot 5 of Block 1 of Dunwoody Subdivision;
Thence leaving said northerly boundary 8 0°00'25" E along the easterly boundary of said Lot 5 a
distance of 185.08 feet to a point marking the southeast corner of said Lot 5;
Thence N 8902141" W along the southerly boundary of said Lot 5 and the prolongation thereof a
distance of 376.52 feel to a point on the westerly boundary of said SW %of the NW Y.;
Thence N 0"01'36" W along said westerly boundary a distance of 179.23 feet to the POINT OF
BEGINNING.
This parcel contains 1.57 acres and Is subject to any easements existing or In use,
Clinton W. Hansen, PLS
Land Solutions, PC
April 27, 2015
L,c'1 1f1 i71:4tJ:�J777S
Job No. 1"N
Dumvoody Annaxotlon
L ume...yugrw �smw�,o
EXHIBIT B
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
In the Matter of the Request for Annexation and Zoning of 1.57 Acres of Land with an R-2 Zoning
District, for the Property Located a''/a Mile South of E. Chinden Boulevard on the East Side of N.
Locust Grove Road, by Michael and Linda Williams.
Case No(s). AZ -15-006
For the City Council Hearing Date of: July 7, 2015 (Findings on July 21, 2015)
A. Findings of Fact
1. Hearing Facts (see attached Staff Repoli for the hearing date of July 7, 2015, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of July 7, 2015, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of July 7, 2015,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of July 7, 2015, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title I I Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § I 1-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the
Planning Department, the Public Works Department and any affected party requesting notice.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ -15-006
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of May 19, 2015, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for annexation and zoning is hereby conditionally approved per the
conditions of approval in the attached Staff Report for the hearing date of July 7, 2015, attached
as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Two (2) Year Development Agreement Duration
The development agreement shall be signed by the property owner and returned to the City
within two (2) years of the City Council granting annexation and/or rezone (UDC 11 -5E -3D).
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the City if filed prior to the end of the two (2) year approval period
(UDC 11-513-3F).
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: Staff Report for the hearing date of July 7, 2015
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ -15-006
-2-
By action of the City Council at its regular meeting held on the o' t a r day of
2015.
COUNCIL PRESIDENT CHARLIE ROUNTREE VOTEDO—
COUNCIL VICE PRESIDENT KEITH BIRD VOTEDAA _
COUNCIL MEMBER DAVID ZAREMBA VOTED
COUNCIL MEMBER JOE BURTON VOTEDTffi
COUNCIL MEMBER LUKE CAVENER VOTEDV
COUNCIL MEMBER GENESIS MILAM VOTED_ �
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
Mayor Tammy dlia�erd
Attest:
E r n Cry,>f
City Clerk
�innxo �
SEAT. �j
PV
E�
!b! 4As n5V�'
Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney.
By: Dated:
City C erk's ce
CITY OP MERIDIAN FINDINGS OF FACT, CONCLUSIONS OP LAW AND DECISION & ORDER
CASE NO(S). AZ -15-000
-3-
Exhibit A
STAFF REPORT Hearing Date: July 7, 2015
CjfERIDIAM,�
TO: Mayor & City Council r
FROM: Sonya Watters, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: AZ -15-006 — Dunwoody Lot 5
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicants, Michael and Linda Williams, have submitted an application for annexation and
zoning (AZ) of 1.57 acres of land with an R-2 zoning district for the construction of one single-family
residential home.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed AZ application in accord with the conditions of approval
in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D.
The Meridian Planning & Zoning Commission heard this item on June 4, 2015. At the public
hearing, the Commission moved to recommend approval of the subject AZ request.
a. Summary of Commission Public Hearing:
I. In favor: Mike Williams
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Mike Williams
v. Staff presenting application: Bill Parsons
vi. Other staff commenting on application: None
b. Key Issue(s) of Discussion by Commission:
I. None
c. Kev Commission Change(sl to Staff Recommendation:
I. None
d. Outstanding Issue(s) for City Council:
i. None
The Meridian City Council heard this item on July 7, 2015. At the public hearing, the Council
moved to approve the AZ request.
a. Summary of City Council Public Hearing:
i. In favor: Mike Williams
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application: Sonya Watters
vi. Other staff commenting on application: None
b. Key Issues of Discussion by Council:
I. None
c. Kev Council Changes to Staff/Commission Recommendation
i. None
Dunwoody Lot 5 AZ -15-006 PAGE 1
Exhibit A
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number AZ -15-
006, as presented in the staff report for the hearing date of July 7, 2015, with the following
modifications: (Add any proposed modifications).
Denial
After considering all staff, applicant and public testimony, I move to deny File Number AZ -15-006,
as presented during the hearing on July 7, 2015, for the following reasons: (You should state specific
reasons for denial)
Continuance
I move to continue File Number AZ -15-006 to the hearing date of (insert continued hearing date here)
for the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located %4 mile south of E. Chinden Blvd. on the east side of N. Locust Grove Road, in
the NW Y4 of Section 29, Township 4 North, Range 1 East. (Parcel No.: RI 966960500)
B. Owners:
Michael & Linda Williams
3819 Collister Drive
Boise, ID 83703
C. Applicant:
Same as owner
D. Representative:
Jeremy Telford
2048 W. Astonte Street
Meridian, ID 83646
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for annexation and zoning. A public hearing is required before the
Planning & Zoning Commission and City Council on this matter, consistent with Meridian City
Code Title 11, Chapter 5.
B. Newspaper notifications published on: May 18 and June 1, 2015 (Commission); June 15 and 29,
2015 (City Council)
C. Radius notices mailed to properties within 300 feet on: May 14, 2015 (Commission); June 11,
2015 (City Council)
D. Applicant posted notice on site(s) on: May 26, 2015 (Commission); June 24, 2015 (City Council)
VI. LAND USE
A. Existing Land Use(s) and Zoning: The annexation area consists of vacant land, zoned RUT in
Ada County.
Dunwoody Lot 5 AZ -15-006 PAGE 2
Exhibit A
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: The Ambrose School, zoned C -C
2. East: Rural residential property in Dunwoody Subdivision, zoned RUT in Ada County
3. South: Residential property in Dunwoody Subdivision, zoned R-2
4. West: N. Locust Grove Road and single-family residential properties in Reserve Subdivision,
zoned R-4
C. History of Previous Actions: The subject property was included as Lot 5, Block 1 in the
Dunwoody Subdivision plat, recorded in 1990. The lot was deed restricted to only be used for
open space for a period not less than 15 years from the recording date of the plat.
D. Utilities:
1. Location of sewer: A sanitary sewer service line intended to provide service to the subject
parcel currently exists near the southwest comer of the parcel.
2. Location of water: A water service line intended to provide service to the subject parcel
currently exists near the southwest corner of the parcel.
3. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: There is an irrigation ditch that runs along the north boundary of
this property.
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: This property does not lie within the flood plain.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
Land Use: The subject property is designated Low Density Residential (LDR) on the Future Land
Use Map (FLUM) contained in the Comprehensive Plan.
The LDR designation allows for the development of single-family homes on large lots where urban
services are provided. Uses may include single-family homes at gross densities of 3 dwelling units or
less per acre. Staff finds the density proposed by the applicant with the preliminary plat is consistent
with the density desired in LDR designated areas. The City Council should consider the applicant's
request for a step down in density for this property.
The applicant proposes to annex the subject property with an R-2 zoning district and develop one
single-family home on the property consistent with the density designation in the LDR FLUM
designation.
Policies: Staff finds the following Comprehensive Plan policies to be applicable to this application
and apply to the proposed use of this property (staff analysis in italics):
"Require new residential development to meet development standards regarding landscaping,
signage, fences and walls, etc." (3.05.02C)
A 25 foot nide street buffer with landscaping is required along N. Locust Grove Road, aro
arterial street, in accord with the standards listed in UDC I1 -3B -7C. Separate permits shall
be obtained for any new fencing.
Dunwoody Lot 5 AZ -15-006 PAGE 3
Exhibit A
"Protect existing residential properties from incompatible land use development on adjacent
parcels." (3.06.01 F)
The proposed single-family residential home should be compatible with the adjacent low
density residential properties to the east and south.
"Permit new development only where urban services can be reasonably provided at the time
of final approval and development is contiguous to the City." (3.01.0117)
Cityservices are available and will be extended by the applicant upon development ofthe site
in accord with UDC 11-3A-21.
Analysis: Annexation of this property with an R-2 zoning district for the construction of one single-
family home is consistent with the FLUM designation of LDR and should be compatible with
adjacent residential and school uses. Therefore, Staff feels the proposed development is appropriate
under the LDR designation.
VIII. UNIFIED DEVELOPMENT CODE (UDC)
A. Propose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to
provide for a range of housing opportunities consistent with the Meridian comprehensive plan.
Residential districts are distinguished by the allowable density of dwelling units per acre and
corresponding housing types that can be accommodated within the density range. The low-
density residential (R-2) district allows a maximum gross density of 2 dwelling units per acre.
B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-4 lists the principal permitted
(P), accessory (A), conditional (C), and prohibited (-) uses in the R-2 zoning district. Any use not
explicitly listed, or listed as a prohibited use is prohibited.
The proposed use of the site for a single-family detached dwelling is a principal permitted use in
the R-2 zoning district.
C. Dimensional Standards: Development of the site should be consistent with the dimensional
standards listed in UDC Tables 11-2A-4 for the R-2 zoning district.
D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed
in UDC Table 11-2A-4 for the R-2 zoning district.
E. Off -Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single-
family dwellings.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
1. Annexation & Zoning
The applicant has applied for annexation and zoning of 1.57 acres of land with an R-2 zoning
district. As discussed above in Section VII, staff feels the proposed zoning is consistent with the
corresponding FLUM designation of LDR and the policies in the Comprehensive Plan as noted.
A conceptual site/landscape plan was submitted with this application that is included in Exhibit
A.2. The applicant proposes to develop one new single-family residential detached home on the
property. Because this site takes access directly from N. Locust Grove Road, an arterial street,
staff recommends future development of this site is restricted to a maximum of two dwelling
units.
Dunwoody Lot 5 AZ -15-006 PAGE 4
Exhibit A
This property was previously deed restricted through the Dunwoody Subdivision plat to only be
used for open space uses for a period not less than 15 years from the recording date of the plat.
Because that time period has expired, the lot is now eligible to be built upon.
The legal description submitted with the application, included in Exhibit C, shows the boundaries
of the property proposed to be annexed and rezoned. The property is contiguous to land that has
been annexed into the City and is within the Area of City Impact boundary.
The City may require a development agreement (DA) in conjunction with an annexation pursuant
to Idaho Code section 67-6511 A. In order to ensure the site develops as proposed with this
application, staff recommends a DA as a provision of annexation with the provisions included in
Exhibit B and as detailed below.
Dimensional Standards: All development on the site is required to comply with the dimensional
standards listed in UDC Table 11-2A-4.
Access: The site plan depicts one access via N. Locust Grove Road; the driveway should align as
closely as possible with E. Commander Street on the west side of Locust Grove. Access is
restricted to one driveway in accord with UDC 11-3A-3.
Utilities: All development is required to connect to the City water and sewer system unless
otherwise approved by the City Engineer in accord with UDC 11-3A-21.
Adequate fire protection shall be required in accord with the appropriate fire district standards.
Street lighting is required to be installed with development of this property in accord with
the City's adopted standards, specifications and ordinances. One Type 1 street light is
required along N. Locust Grove Road; coordinate the details with Austin Petersen, Public
Works Department (208-489-0352).
Pressurized Irrigation (PI): An underground PI system is required to be provided for this
development in accord with UDC l I -3A-15.
Landscaping: A minimum 25 -foot wide street buffer is required along N. Locust Grove Road
landscaped in accord with the standards listed in UDC 11 -3B -7C. The site/landscape plan depicts
5 trees within a 25 buffer in accord with UDC standards; vegetative groundeover should also be
provided.
Fencing: The site/landscape plan does not depict any proposed fencing. If fencing is constructed
on the site, it should comply with the standards listed in UDC I 1-3A-7.
Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. A
minimum 5 -foot wide detached sidewalk is required to be constructed on this site within the
street buffer along N. Locust Grove Road. Detached sidewalks are required to have an
average minimum separation of greater than 4 feet to back of curb. The applicant should
coordinate the location of the sidewalk with ACRD.
Waterways: There is an irrigation ditch that runs along the north boundary of this site. The UDC
(11-3A-6) requires all irrigation ditches, laterals, canals and drains to be piped unless left open as
a water amenity (as defined in UDC I I -IA -1) or linear open space.
In snrnmmy, Staff recommends approval of the proposed annexation and preliminary plat request
for this site with a development agreement and the recommended conditions listed in Exhibit B of
this report in accord with the findings contained in Exhibit C.
X. EXHIBITS
A. Drawings/Other
Dunwoody Lot 5 AZ -15-006 PAGE 5
Exhibit A
1. Vicinity Map
2. Site/Landscape Plan
3. Water & Sewer Service Plan (dated: 5/15/15)
B. Agency & Department Comments
C. Legal Description & Exhibit Map for Annexation Boundary
D. Required Findings from Unified Development Code
Dunwoody Lot 5 AZ -15-006 PAGE 6
Exhibit A
A. Drawings
1. Vicinity Map
]25
701
30
532
500
06
4sa
6340
4325
6208Comxs�l',ryQffe` 5235
1]65 �1
6146 1793 Ihhhi i90d 1962
— H IB5 Ie]e 193 1990 2060 T]9
412i
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6100 611J
6982 1
— 1800 18R 1864 1896 1928
6060
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A T N m 09 1i20 148 1556 1590 \\
1778
] 1341 13 1305
.�. 11)5 13I9 140319J]µ�p'S150 1573 59]0 1746 /
t 5910 1714 1810 / X1842
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less 042
tns � 1W4
5P]5 16031141
1 I2Q 1386 1354 p8B 1410 1490 1500 151568 1111 �\ 1906
0
1 I5H5 5]80 1931
Illl Q .'�. � m m 14151461 � ISIr`I55Y� .919
240
1240 `�' "� $ 14260 1115068n f154E 5690 / 1470
] 1229 1251 130 m 1391140'/ 1515 20M
5589 5591 1680
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5555 5518 55]1v —� x J
8 5569
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554 5504 55555520 — 5526 20212055 2Wi5515 5519 1991 1➢Ie 2W21964 209E 5460 SdH] 549119]0
5459 5960 1]42_sd62 5463 5464
544 5411 .' 1558 'llID5 206^1 ID9
a. F15931 a� uit — 643�6!,�- rt r �. _._..- 5,.,,, _. ; s414
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Exhibit A
2. Site/Landscape Plan
i
-3-
Exhibit A
3. Water & Sewer Service Plan (dated: 5/15/15)
SSMH (EX)
RIM EL: 100.00
12" IE: 86,50 (N&S)
RESERVE SUB.
J
17
12" SEWER
1" WATER SERVICB
EW4" SEWER SERVICE 200 LF±Q 2.0%
EX END EL: 97.97
FINISHED FLOOR EL: 99.25±
BOUNDARY
12" WATER
WATER + SEWER SERVICE PLAN
p 100 2pa
Feel
1
EXISTING PRESSURE
IRRIGATION SERVICE
(APPROX. LOCATION)
DUNWOODY SUB.
NOTES:
4VV�-
CITY SEWER ANO WATER SERVICES WILL SE EXTENDEDiiiNTO
T-131.
SERVICE THE NEW BUILDING AS CONCEPTUALLYJJ.
OSHOWN.
HTP�'
2. PRESSURE IRRIGATION WILL BE PROVIDED FROM AN'WS
OF ,
EXISTING PRESSURE IRRIGATION SERVICE TO THE SITE.
K p1GA
DUNWOODY ANNEXATION
REFERENCE
N/A
LOT 6 BLK I DUNWOODY SUB. -MERIDIAN, IDAHO
DRAWN BY:
RKE
SHEET NUMBER:
S1ROFTNENW1140FSEC2p
DATE:
5/5115
TAN. RAE. BN. SOISE.AMC NW, WAND
SCALE:
AS NOTED
C1 10
CONCEPT ENGINEERING PLAN
-4-
Exhibit A
B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS
1. PLANNING DEPARTMENT
1.1 Site Specific Conditions of Approval
1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior
to the annexation ordinance approval, a DA shall be entered into between the City of Meridian,
the property owner(s) at the time of annexation ordinance adoption, and the developer.
Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to
commencement of the DA. The DA shall be signed by the property owner and returned to the
City within two (2) years of the City Council granting annexation. The DA shall, at minimum,
incorporate the following provisions:
a. One (1) access via N. Locust Grove Road, an arterial street, is allowed for this property as
depicted on Exhibit A.2 in general alignment with E. Commander Street on the west side of
N. Locust Grove Road.
b. Future development of this property is restricted to a maximum of two (2) dwelling units.
c. A minimum 25 -foot wide street buffer shall be provided along N. Locust Grove Road as set
forth in UDC Table 11-2A-4 and shall be landscaped in accord with the standards listed in
UDC 11-313-7C.
d. This development is required to connect to the City water and sewer system unless otherwise
approved by the City Engineer in accord with UDC 11-3A-21.
e. All development shall comply with the dimensional standards for the R-2 zoning district
listed in UDC Table I 1-2A-4.
f A minimum 5 -foot wide detached sidewalk is required to be constructed along N. Locust
Grove Road within the street buffer in accord with UDC 11-3A-17. Detached sidewalks are
required to have an average minimum separation of greater than 4 feet to back of curb, per
UDC 11 -3B -7C, l a(2). Coordinate the location of the sidewalk with ACRD.
g. An underground pressurized irrigation system is required to be provided for this development
in accord with UDC 11-3A-15.
h. The irrigation ditch that runs along the north boundary of this site is required to be piped
unless left open as a water amenity (as defined in UDC 11-1A-1) or linear open space in
accord with UDC 11-3A-6.
i. One (1) Type 1 street light is required to be installed along N. Locust Grove Road; coordinate
the details with Austin Petersen, Public Works Department (208-489-0352).
j. Applicant shall be required to extend sanitary sewer and water services, and pay normal
single family home assessment and meter fees.
k. Prior to granting occupancy of a dwelling, the provisions listed above shall be satisfied.
2. PUBLIC WORKS DEPARTMENT
2.1 SITE SPECIFIC CONDITIONS OF APPROVAL
2.1.1 Applicant shall be required to extend sanitary sewer and water services, and pay normal single
family home assessment and meter fees.
-5-
Exhibit A
2.2 General Conditions of Approval
2.2.1 Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at
(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)334-2190.
2.2.2 Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and
inspections(208)375-5211.
2.2.3 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
3. POLICE DEPARTMENT
3.1 The Police Department has no comments on this application.
4. FIRE DEPARTMENT
4.1 The Fire Department has no comments on this application.
S. REPUBLIC SERVICES
5.1 Republic Services has no comments on this application.
6. PARKS DEPARTMENT
6.1 The Park's Department has no comments on this application.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 The applicant shall apply for a Driveway Approach Permit from ACHD.
-6-
Exhibit A
C. Legal Description & Exhibit Map for Annexation Boundary
Annaation Legal Descripptign
Lot 5, Block 1, Dunwoody Subdivision
A parcel being all of Lot 6 of Block 1 of Dunwoody Subdivision as shown in Book 58 of Plats on
Page 5482, records of Ada County, Idaho, and a portion of the SW V4 of the NW %a of Section 29,
Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly
described as follows:
Commencing at a Brass Cap monument marking the northwest comer of the NW % of said
Section 29, from which an Aluminum Cap monument marking the southwest corner of said NW
% beers 5 0°01'36" E a distance of 2656.61 feel;
Thence S 0"01'36" E along the westerly boundary of said NW'/a a distance of 1326.31 feet to a
point marking the northwest corner said SW % of the NW 'b, the northwest comer of said
Dunwoody Subdivision, and the POINT OF BEGINNING;
Thence leaving said westerly boundary N 89°44'54" E along the northerly boundary of said
Dunwoody Subdivision a distance of 376.56 feet to a point marking the northeast corner of said
Lot 5 of Block 1 of Dunwoody Subdivision;
Thence leaving said northerly boundary S 0°00'25" E along the easterly boundary of said Lot 5 a
distance of 185.08 feet to a point marking the southeast corner of said Lot 5;
Thence N 89°21'41" W along the southerly boundary of said Lot 5 and the prolongation thereof a
distance of 376.52 feet to a point on the westerly boundary of said SW '/< of the NW %;
Thence N 0°01'36" W along said westerly boundary a distance of 179.23 feet to the POINT OF
BEGINNING.
This parcel contains 1.57 acres and is subject to any easements existing or In use.
Clinton W. Hansen, PLS
Land Solutions, PC
April 27, 2015
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nunmody Annexalian
Job No. 1534
Exhibit A
ANNEXATION PARCEL - EXHIBIT
LOT 5, BLOCK 1, DUNWOODY SUBDIVISION
19 20
E. CHINDEN BLVD.
30 29
n POINT OF
N BEGINNING
IM
THREE CORNERS SUBDIVISION N0. 1
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ANNEXATION PARCEL
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Exhibit A
D. Required Findings from Unified Development Code
1. Annexation Findings:
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant an annexation, the
Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
The Applicant is proposing to annex the subject 1.57 acre property with an R-2 zoning
district and develop one new single-family residential home consistent with the LDR FLUM
for this property. The Council finds that the proposed map amendment complies with the
provisions of the Comprehensive Plan and should be compatible with the adjacent school and
residential uses (see section VII above for more information).
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The Council finds that the proposed map amendment to the R-2 zoning district is consistent
with the purpose statement for the residential districts as detailed in Section VIII above.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The Council finds that the proposed zoning map amendment will not be detrimental to the
public health, safety, or welfare. City utilities will be extended at the expense of the applicant.
The Council considered all oral or written testimony that was provided to determinine this
finding.
d. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City including, but not
limited to, school districts; and,
The Council finds that the proposed zoning amendment will not result in any adverse impact
upon the delivery of services by any political subdivision providing services to this site.
e. The annexation is in the best of interest of the City (UDC 11-513-3.E).
The Council finds annexing this property with an R-2 zoning district is in the best interest of
the City.
-9-
Meridian City Council Meeting
DATE: Auqust 25, 2015 ITEM NUMBER:
PROJECT NUMBER:
ITEM TITLE: Asure Software
Approval of Agreement to Asure Software, Inc. for "Resource Scheduler
Software, Hardware and Services" for a Not -To -Exceed amount of
$9,999.00.
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: Auaust 25, 2015 ITEM NUMBER:
PROJECT NUMBER: FP 15-026
ITEM TITLE: Fall Creek Subdivision
FP 15-026 Fall Creek Subdivision No. 3 by Coleman Homes, LLC Located
South of W. Overland Road on the East Side of S. Linder Road Request:
Final Plat Approval Consisting of Forty -Three (43) Building Lots and Six (6)
Common Lots on 19.24 Acres of Land in the R-8 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 25, 2015 ITEM NUMBER:
PROJECT NUMBER:
ITEM TITLE: Meridian Arts Commission
Meridian Arts Commission - Public Art at Fairview and Main
Recommendation for Danielle Foushee's "A Canopy of Color"
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
3j
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
DANIELLE
FOUSHÉE
3305
141st
Street
Southeast,
Mill
Creek,
WA
98012
818-‐613-‐7459
mobile
|
dfoushee@gmail.com
LETTER
OF
INTEREST
As
an
artist
and
public
art
lover,
I
have
a
unique
passion
for
bringing
joy
to
the
lives
of
citizens
as
they
move
through
their
daily
lives.
This
is
a
passion
backed
up
by
my
research:
people
are
happier
and
healthier
in
considered
environments.
Architecture
professor
Roger
Ulrich
has
shown
that
people
enjoy
a
better
quality
of
life
when
art
is
present
in
their
lives.
His
work
proves
that
in
hospitals,
patients
heal
faster
and
workers
are
less
stressed
when
their
spaces
are
well
designed.
Public
art
projects
are
realized,
not
through
the
vision
of
one
individual
artist,
but
with
the
inspiration
and
dedication
of
diverse
collaborators
with
a
shared
vision.
It
reflects
a
sense
of
community
engagement,
invigorates
economic
development,
improves
quality
of
life,
and
brings
imagination
to
the
lives
of
citizens.
When
I
was
a
cancer
patient
a
few
years
ago,
I
became
even
more
intimately
aware
of
the
positive
power
that
art
in
public
places
has
on
a
community
and
the
quality
of
life
of
its
members.
Ever
since
then,
I’ve
been
studying
public
art,
and
working
within
my
own
art
practice
to
build
towards
a
career
in
public
art.
With
a
commission
from
the
City
of
Meridian,
I
will
be
able
to
continue
building
upon
my
goal
of
using
my
creative
skills
to
bring
beauty
and
inspiration
to
citizens
everywhere.
REFERENCES
Avantika
Bawa
Assistant
Professor
of
Art
Washington
State
University,
Vancouver
avantikabawa@gmail.com
John
Grade
Artist,
Seattle,
WA
johngrade@gmail.com
Meredith
James
Assistant
Professor,
Design/Theory
Portland
State
University
themeredithjames@gmail.com
DANIELLE
FOUSHÉE
3305
141st
Street
Southeast,
Mill
Creek,
WA
98012
818-‐613-‐7459
mobile
|
dfoushee@gmail.com
EDUCATION
2016
MFA
[pending],
Visual
Studies
[low
residency],
Pacific
Northwest
College
of
Art,
Portland,
OR
1998
MFA
merit
scholar,
Design,
Cranbrook
Academy
of
Art,
Bloomfield
Hills,
MI
1996
Bachelor
of
Environmental
Design,
magna
cum
laude,
North
Carolina
State
University,
Raleigh,
NC
PUBLIC
ART
PROJECTS
2015
Heaven
&
Earth
VII,
Center
for
Environmental
Art,
Carkeek
Park,
Seattle,
WA
Seattle
Storefronts,
Amazon
Complex,
South
Lake
Union,
Seattle,
WA
Uptown
Tree
Project
[finalist,
pending],
Greeley,
CO
2014
Hundred
Revolutions
of
a
Tree,
Downtown
Arts
District,
Vancouver,
WA
EXHIBITIONS
2015
Destabilizing
Dystopia,
dc3
Art
Projects,
University
of
Alberta,
Edmonton,
AB,
Canada
Tributaries,
Verum
Ultimum,
Portland,
OR
2014
Solo
Exhibition,
Lightness
is
Non-‐aggression,
Manuel
Ibizqua
Gallery,
PNCA,
Portland,
OR
Is
and
Is
Not,
Future
Forward
Gallery,
PNCA,
Portland,
OR
Quantum
Shirley,
Feldman
Gallery,
PNCA,
Portland,
OR
Yes!,
North
Bank
Artist’s
Gallery,
Vancouver,
WA
2013
Tool
at
Hand,
Museum
of
Contemporary
Craft,
Portland
OR
Tree
Skirt,
Friendship
Garden,
Mill
Creek,
WA
Unknown
Variables,
MFA
Central
Gallery,
PNCA,
Portland,
OR
Handle
with
Care,
Corridor
Gallery,
Seattle,
WA
Curtains
&
Knots,
Anchor
Art
Space,
Anacortes,
WA
2012
Solo
Exhibition,
Improvise,
McKinnley
West
Gallery,
Reno,
NV
Design
Presence,
Gallery
[context],
Seattle
Design
Center,
Seattle,
WA
Autocomplete,
Visionaries
+
Voices
Gallery,
Cincinnati,
OH
Solo
Exhibition,
Spontaneous,
City
Hall,
Grand
Junction,
CO
2011
Art
Center
Permanent
Collection
of
Mesa
State
College
+
Eleven,
Western
Colorado
Center
for
the
Arts,
Grand
Junction,
CO
Artist
Project
NY,
Pier
92,
New
York,
NY
2009
The
Process
of
Peace,
Towson
Arts
Collective,
Towson,
MD
Sun
Worshippers
&
Junk
Yard
Dogs,
Western
Colorado
Center
for
the
Arts,
Grand
Junction,
CO
Colorado
Mountain
Winefest,
Blue
Pig
Gallery,
Palisade,
CO
Image
&
Word,
The
Art
Center,
Highland
Park,
IL
Alphabet,
Post
Typography,
traveled
nationally
2005–2009
2006
For
the
Love
of
Letters,
Massachusetts
College
of
Art,
Boston,
MA
2004
I
Profess,
(Scene)Metrospace,
East
Lansing,
MI
Fresh,
Utah
State
University,
Logan,
UT
2003
Art/Design/LA,
Best
of
Show,
American
Institute
of
Graphic
Artists,
Harold’s
Gallery,
Los
Angeles,
CA
1998
Graduate
Degree
Show,
Cranbrook
Academy
of
Art,
Bloomfield
Hills,
MI
Summer
Exhibition,
Cranbrook
Art
Museum,
Bloomfield
Hills,
MI
1997
Immedia
Hybrid
Digital
Media,
University
of
Michigan,
Ann
Arbor,
MI
Practical
&
Theoretical
in
New
Media
Design,
Eastern
Michigan
University,
East
Lansing,
MI
How
We
Learn
What
We
Learn,
School
of
Visual
Arts,
New
York,
NY
ARTIST
RESIDENCIES
2015
Art
+
Bio
Collective,
Desert
Life,
Chihuahuan
Desert,
West
TX
[June]
Centrum
Foundation,
Fort
Worden
State
Park,
Port
Townsend,
WA
[December]
2014
Signal
Fire,
Wide
Open
Studios,
Tonto
National
Forest,
AZ
2013
Anchor
Art
Space,
Anacortes,
WA
COLLECTIONS
2010
Mesa
County
Public
Libraries,
Mesa
County,
CO
SELECTED
AWARDS
American
Advertising
&
Design,
multiple
awards
How
magazine
InHOWse
Awards
&
International
Design
Award
Graphic
Design
USA,
multiple
awards
University
&
College
Designers’
Association,
multiple
awards
American
Institute
of
Graphic
Artists,
Best
of
Show
award
American
Center
for
Design
100
Show
Award
SELECTED
PUBLICATIONS
The
Complete
Color
Harmony
Workbook
Design
for
Special
Events
Graphis
Design
Annual
The
Big
Book
of
Graphic
Design
Color
Management:
Guide
for
Graphic
Designers
1000
Type
Treatments
Communication
Arts
magazine
Graphic
Fusion
Big
Ideas,
Big
Type
Page
Layout
TEACHING
EXPERIENCE
2014–Present
Associate
Faculty,
Seattle
Central
College
Creative
Academy,
Seattle,
WA
2012–Present
Associate
Faculty,
Everett
Community
College,
Everett,
WA
2008–2011
Adjunct
Faculty,
Colorado
Mesa
University,
Grand
Junction,
CO
2005–2007
Adjunct
Faculty,
University
of
Southern
California,
Los
Angeles,
CA
1999–2005
Faculty,
Art
Center
College
of
Design,
Pasadena,
CA
2003–2004
Assistant
Professor,
Utah
State
University,
Logan,
UT
2002–2003
Adjunct
Faculty,
University
of
California
Los
Angeles,
Los
Angeles,
CA
2000–2002
Senior
Lecturer,
Otis
College
of
Art
&
Design,
Los
Angeles,
CA
PROFESSIONAL
EXPERIENCE
1996–Current
Owner,
Creative
Director,
Good
Nature
Creative
1999–2015
Art
Director
+
Brand
Manager,
Fashion
Institute
of
Design
&
Merchandising
2007–2010
Communications
&
Development
Director,
Colorado
Canyons
Association
(CCA)
PROFESSIONAL
SERVICE
Now
Snohomish
County
Arts
Commission,
Member,
Snohomish
County,
WA
Art
&
Beautification
Board,
Member
&
Subcommittee
Chair
for
Public
Art,
City
of
Mill
Creek,
WA
2012
Art
Donation
(invited),
The
Watering
Can
Project,
Arapahoe/Douglas
Mental
Health
Network,
Denver,
CO
2011
Art
Donation
(juried),
Art
of
the
Auction,
North
Carolina
Museum
of
Art
Foundation,
Raleigh,
NC
2010
Committee
Member,
Art
on
the
Corner
(rotating
public
art
programming),
City
of
Grand
Junction,
CO
DANIELLE
FOUSHÉE
3305
141st
Street
Southeast,
Mill
Creek,
WA
98012
818-‐613-‐7459
mobile
|
dfoushee@gmail.com
PROJECT
PROPOSAL:
“A
CANOPY
OF
COLOR”
[Scale-‐model
Photos
Attached]
With
the
commission
at
Main
Street
and
Fairview
Avenue,
I’d
like
to
create
an
artistic
intervention
that
surprises
visitors
and
passersby
with
interplay
of
light
and
color.
It
will
be
a
“grove”
of
abstract-‐style
“trees”
that
will
cast
colorful
shadows
all
over
the
ground
below.
It
will
create
an
inspiring
and
inviting
area
for
people
to
relax
and
enjoy.
I
imagine
people
sitting
nearby
having
ice
cream
under
the
“canopy”
of
colorful
leaves.
I
will
attach
colored
transparent
acrylic
circles
to
several
central
steel
posts
—
I
will
create
as
many
“trees”
as
the
budget
will
allow.
The
acrylic
circles
will
be
framed
and
welded
to
“branches”
that
will
be
secured
to
each
post.
I
imagine
about
18
colored
circles,
each
2-‐3-‐feet
in
diameter,
radiating
out
from
each
center
post,
about
11
feet
above
the
ground.
The
colored
circles
will
be
placed
at
a
slight
angle
so
rainwater
and
snow
will
drain
off.
When
a
viewer
looks
upward
into
the
sky,
they
will
see
the
overlapping
colors
mix
as
the
light
shines
through
more
than
one
circle.
For
example,
if
one
set
of
circles
is
yellow,
and
the
other
set
is
blue,
then
the
resulting
mixture
will
become
green.
In
addition,
on
sunny
days,
the
sunshine
will
filter
down
through
the
acrylic
circles
and
project
mixed
colored
refractions
all
over
the
ground
below.
I
think
a
sense
of
delight
will
overcome
visitors
as
the
piece
changes
depending
on
the
weather.
The
piece
also
brings
about
the
element
of
wonder,
as
it
acts
as
a
kind
of
lesson
in
simple
color
theory
for
children
and
adults
alike.
SPECIFICATIONS:
Title:
“A
Canopy
of
Color”
Tree
size
approx.
20’
x
10’
x
10’
Materials:
Steel,
acrylic,
paint
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PUBLIC INPUT for PUBLIC ART PROPOSALS: MAIN & FAIRVIEW
PUBLIC INPUT for PUBLIC ART PROPOSALS: MAIN & FAIRVIEW
PUBLIC INPUT for PUBLIC ART PROPOSALS: MAIN & FAIRVIEW
PUBLIC INPUT for PUBLIC ART PROPOSALS: MAIN & FAIRVIEW
PUBLIC INPUT for PUBLIC ART PROPOSALS: MAIN & FAIRVIEW
PUBLIC INPUT for PUBLIC ART PROPOSALS: MAIN & FAIRVIEW
PUBLIC INPUT for PUBLIC ART PROPOSALS: MAIN & FAIRVIEW
PUBLIC INPUT for PUBLIC ART PROPOSALS: MAIN & FAIRVIEW
PUBLIC INPUT for PUBLIC ART PROPOSALS: MAIN & FAIRVIEW
PUBLIC INPUT for PUBLIC ART PROPOSALS: MAIN & FAIRVIEW
PUBLIC INPUT for PUBLIC ART PROPOSALS: MAIN & FAIRVIEW
PUBLIC INPUT for PUBLIC ART PROPOSALS: MAIN & FAIRVIEW
PUBLIC INPUT for PUBLIC ART PROPOSALS: MAIN & FAIRVIEW
PUBLIC INPUT for PUBLIC ART PROPOSALS: MAIN & FAIRVIEW
PUBLIC INPUT for PUBLIC ART PROPOSALS: MAIN & FAIRVIEW
PUBLIC INPUT for PUBLIC ART PROPOSALS: MAIN & FAIRVIEW
PUBLIC INPUT for PUBLIC ART PROPOSALS: MAIN & FAIRVIEW
Meridian City Council Meeting
DATE: August 25, 2015 ITEM NUMBER: 6B
PROJECT NUMBER:
ITEM TITLE: Ownership of Parcel
Discussion of Ownership of Parcel of Southeast Corner of Fairview and
Main
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
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Meridian City Council Meeting
DATE: August 25, 2015 ITEM NUMBER: 9B
PROJECT NUMBER:
ITEM TITLE: VRT
Valley Regional Transit Cooperative Agreement Addendum No. 1
MEETING NOTES
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Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
ADDENDUM NO. 1 TO COOPERATIVE AGREEMENT
BETWEEN
VALLEY REGIONAL TRANSIT
AND
CITY OF MERIDIAN
FOR
COMMUNITY LINK SERVICES FOR OLDER ADULTS AND PERSONS WITH
DISABILITIES
THIS ADDENDUM TO THE FY 2015 COOPERATIVE AGREEMENT
("Addendum") is entered into this Q5- day of August, 2015 by and between VALLEY
REGIONAL TRANSIT, a regional public transportation authority authorized under Chapter 21,
Title 40, Idaho Code ("VRT"), and the City of Meridian, a municipal corporation organized,
existing and authorized under Chapter 1, Title 50, Idaho Code ("Member")
RECITALS
A. On the 14`h day of October, 2014, VRT and Member entered into the FY 2015
Cooperative Agreement for financial support to VRT
B. The FY 2015 Cooperative Agreement did not include authorization for funding
from member to support the Older Adults and Persons with Disabilities program.
C. By this First Addendum, both VRT and Member desire to include in the Cooperative
Agreement authorization for funding from member to support the Older Adults and Persons with
Disabilities program.
NOW, THEREFORE, in consideration of foregoing recitals, which are made a part of
this Addendum and not mere recitals, and for other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, the Cooperative Agreement shall be
modified in the following particulars:
Section 2 of the Cooperative Agreement (Purpose) shall be amended to include and
add the following provision:
(c) For Member to provide, in addition to the annual assessment,
up to $30,000 in local match for Fiscal Year 2015 for trips provided under the Community Link
transportation network for Older Adults and Persons with Disabilities. All trips will be
purchased on a per ride basis. The per ride amount for October 2014 is $10 and the per ride
amount beginning on November 1, 2014 is $15. VRT will pay 80 percent of the cost per ride
with Federal Funds. Member will pay the local match of 20 percent of the cost per ride. VRT
will provide monthly invoices indicating the number of trips completed during the billing period
and Member's portion of the cost of the trips. Documentation of the number of rides being
purchased will be included with each invoice.
Page 1 of 2
ALL OTHER TERMS OF THE COOPERATIVE AGREEMENT SHALL REMAIN
THE SAME.
Each party hereto represents and warrants that each person executing this FIRST
ADDENDUM on behalf of such party is, at the time of such execution, duly authorized to do so
by such party's governing body, and is fully vested with the authority to bind such party in all
respects.
EXECUTED and effective as of the date first above written.
Valley Regional Transit: City of Meridian:
4 Y 2
Ke`Ili Fairless Tammy de W erc
Executive Director Mayor
Page 2 of 2
Meridian City Council Meeting
DATE: August 25, 2015 ITEM NUMBER: 7
PROJECT NUMBER:
ITEM TITLE: Items Moved From Consent
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
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Meridian City Council Meeting
DATE: Auqust 25, 2015 ITEM NUMBER:
PROJECT NUMBER: RZ 1
ITEM TITLE: Avebury Development
Public Hearing Continued from July 21, 2015: RZ 15-008 Avebury
Subdivision by Avebury Development, LLC Located North Side of E. Pine
Avenue and West of N. Locust Grove Road Request: Rezone of Three (3)
Acres of Land from the L -O Zoning District to the R-15 Zoning District
MEETING NOTES
I
,YJ RIPPRI-0E:
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 25, 2015 ITEM NUMBER: $C
PROJECT NUMBER: PP 15-007
ITEM TITLE: Avenbury Development
Public Hearing Continued from July 21, 2015: PP 15-007 Avebury
Subdivision by Avebury Development, LLC Located North Side of E. Pine
Avenue and West of N. Locust Grove Road Request: Preliminary Plat
Approval Consisting of Fifteen (15) Single Family Residential Lots and Five
(5) Common Lots on Approximately Three (3) Acres in a Proposed R-15
Zoning District
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILEDTO
STAFF
SENTTO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
CITY OF MERIDIAN
CITY COUNCIL
PUBLIC HEARING SIGN-UP SHEET
DATE August 25, 2015
Project Number:
ITEM # 813/C
RZ 15-008 / PP 15-007
Project Name: Avebury
PLEASE
FOR
AGAINST
NEUTRAL
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Meridian City Council Meeting
DATE: August 25, 2015
ITEM TITLE:
ITEM NUMBER:
PROJECT NUMBER: TEC 15-003
Subdivision
Public Hearing: TEC 15-003 Avendale Subdivision by Silver Oaks
Apartments, LLC Located North of W. Franklin Road and West of N. Ten
Mile Road Request: One (1) Year Time Extension on the Preliminary Plat for
Avendale Subdivision in Order to Obtain the City Engineer's Signature on a
Final Plat
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 25, 2015 ITEM # 8D
Project Number: TEC 15-003
Project Name: Avendale
PLEASE PRINT NAME
FOR
AGAINST
NEUTRAL
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CITY OF MERIDIAN
CITY COUNCIL
PUBLIC HEARING SIGN-UP SHEET
DATE August 25, 2015 ITEM # 8E
Project Number: MDA 15-008
Project Name: Jump Time
PLEASE PRINT NAME
FOR
AGAINST
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Meridian City Council Meeting
DATE: Auqust 25, 2015
ITEM TITLE: Resolution
ITEM NUMBER:
PROJECT NUMBER:
Mayor's Office: Resolution No. N - I d Jc' :Appointment of
Robert Keith Mortensen to Seat 4 of the Meridian Historic Preservation
Commission.
MEETING NOTES
{e,. M SA, �», ROVED
R W
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. I
I` t i!
BY THE CITY COUNCIL: BIRD, BORTON, CAVENER,
MILAM, ROUNTREE, ZAREMBA
A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF
MERIDIAN, APPOINTING ROBERT KEITH MORTENSEN TO SEAT 4 OF THE
MERIDIAN HISTORIC PRESERVATION COMMISSION; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Meridian City Code Title 2, Chapter 1 establishes the Meridian Preservation
Commission, its members and terms of their appointments; and
WHEREAS, Seat 4 of the Meridian Historic Preservation Commission is currently vacant;
and
WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the
citizens of the City of Meridian to approve the appointment of Robert Keith Mortensen to Seat 4 of
the Meridian Historic Preservation Commission as recommended by Mayor De Weerd and described
herein;
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF MERIDIAN CITY, IDAHO:
Section 1. That, effective immediately, Robert Keith Mortensen shall be appointed to Seat 4
of the Meridian Historic Preservation Commission, which term shall run through October 31, 2016.
Section 2. 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, thisi day of August, 2015.
APPROVED by the Mayor of the City of Meridian, Idaho, this day of August, 2015.
ATTF
APPROVED:
RESOLUTION FOR APPOINTMENT OF ROBERT KEITH MORTENSEN TO SEAT 4 - HISTORIC
PRESERVATION COMMISSION - I
Meridian City Council Meeting
DATE: Auaust 25, 2015
ITEM TITLE: Dunwoody
ITEM NUMBER:
PROJECT NUMBER: AZ 1
Ordinance No. 16- `&66 : An Ordinance (AZ 15-006 Dunwoody
Lot 5) for the Annexation and Zoning for a Parcel being all of Lot 5 of Block
1 of Dunwoody Subdivision as shown in Book 58 of Plats on Page 5482,
records of Ada County, Idaho and a portion of the SW '/4 of the NW '/4 of
Section 29, Township 4 North, Range 1 East, Boise, Ada County, Idaho.
Establishing and Determining the Land Use Designation of said 1.57 acres
of Land from RUT to R-2 (Low 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
ADA COUNTY RECORDER Christopher D. Rich 2015-079538
BOISE IDAHO Pgs=5 DAWN TRIVOLIS 081271201510:31 AM
MERIDIAN CITY NO FEE
13 77620 600796380 6 06IIIII
00136776201600785380060066
CITY OF MERIDIAN ORDINANCE NO. I'D - �,(p �
BY THE CITY COUNCIL:
BIRD, BORTON, CAVE NER,
MILAM, ROUNTREE, ZAREMBA
AN ORDINANCE (AZ 15-006 DUNWOODY LOT 5) FOR ANNEXATION AND
REZONE OF A PARCEL OF LAND BEING ALL OF LOT 5 OF BLOCK 1 OF DUNWOODY
SUBDIVISION AS SHOWN IN BOOK 58 OF PLATS ON PAGES 5482. RECORDS OF ADA
COUNTY, IDAHO, AND A PORTION OF THE SW '/a OF THE NW '/ OF SECTION 29,
TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AS
DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND
TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND
CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS
REQUESTED BY THE CITY OF MERIDIAN, ESTABLISHING AND DETERMINING THE
LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT TO R-2 (LOW
DENSITY RESIDENTIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING
THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY
ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX
COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE
ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY
OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO:
SECTION 1. That the following described land as evidenced by attached Legal Description
herein incorporated by reference as Exhibit "A" are within the corporate limits of the City of Meridian,
Idaho, and that the City of Meridian has received a written request for annexation and re -zoning by the
owner of said property, to -wit :Michael and Linda Williams
SECTION 2. That the above-described real property is hereby annexed and re -zoned from
RUT to R-2 (Low Density Residential District), in the Meridian City Code.
SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the
Ordinances of the City of Meridian to annex and zone said property.
SECTION 4. That the City has complied with all the noticing requirements pursuant to the
laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said
property.
ANNEXATION — DUNWOODY LOT 5 (AZ 15-006) Page 1 of 3
SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well
as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of
the City of Meridian in accordance with this ordinance.
SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are
hereby repealed, rescinded and annulled.
SECTION 7. This ordinance shall be in full force and effect from and after its passage,
approval and publication, according to law.
SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the
effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a
draftsman manner, including the lands herein rezoned, with the following officials of the County of
Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file
simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State
of Idaho.
SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the
Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in
full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force
and effect upon its passage, approval and publication.
PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this
f'aw....dayoft. 12015.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
day of ti JAGt a" 2015.
MAYORTAMMY de WEERD
ATTEST: co�Qonarcnno��sr
�
HOLMAN, CITY CLE y S \ °""°
PALT
he iRk ASVRiV
ANNEXATION —DUNWOODY LOT 5 (AZ 15-006) Page 2 of 3
STATE OF IDAHO, )
) ss:
County of Ada )
On this JS" day of y,-\— , 2015, before me, the undersigned, a Notary Public
in and for said State, personally appeared TAMMY de WEERD and JAYCEE L. HOLMAN,
known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who
executed the within instrument, and acknowledged to me that the City of Meridian executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
(SEAL)
NOTARY PUBLICOR IDAHO
RESIDING AT: -J 0 d � VA -/C_ZD
MY COMMISSION EXPIRES: -`a
ANNEXATION — DUN WOODY LOT 5 (AZ 15-006) Page 3 of 3
Exhibit A
Legal Description & Exhibit Map for Annexation Boundary
Annexation Legal Description
Lot 5, Wock 1, Dunwoody Subdivision
A parcel being all of Lot 5 of Block 1 of Dunwoody Subdivision as shown In Book 58 of Plats on
Page 5482, records of Ada County, Idaho, and a portion of the SW %. of the NW % of Section 29,
Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly
described as follows:
Commencing at a Brass Cap monument marking the northwest corner of the NW '/, of said
Section 29, from which an Aluminum Cap monument marking the southwest corner of said NW
'/, bears 5 0°01'36" E a distance of 2656.61 feet;
Thence S 0°01'36" E along the westerly boundary of said NW Y4 a distance of 1326.31 feat to a
point marking the northwest corner said SW '/s of the NW ''/<, the northwest corner of said
Dunwoody Subdivision, and the POINT OF BEGINNING:
Thence leaving said westerly boundary N 89°44'54" E along the northerly boundary of said
Dunwoody Subdivision a distance of 376.56 feet to a point marking the northeast corner of said
Lot 6 of Block 1 of Dunwoody Subdivision;
Thence leaving said northerly boundary S 0'00'2&'E along the easterly boundary of said Lot 5 a
distance of 185.08 feet to a point marking the southeast corner of said Lot 5;
Thence N 8902141" W along the southerly boundary of said Lot 5 and the prolongation thereof a
distance of 376.52 feet to a point on the westerly boundary of said SW%of the NW'/.;
Thence N 0°01'36" W along said westerly boundary a distance of 179.23 feet to the POINT OF
BEGINNING,
This parcel contains 1.57 acres and Is subject to any easements existing or In use.
Clinton W. Hansen, PLS
Lend Solutions, PC
April 27, 2015
LEil '] 'rt7I.LIT11ia)'JS Dunwoody Annexation
(,�/um,W..ymp.
Job nNo.ne 15io4
Exhibit 13
ANNEXATION PARCEL -EXHIBIT
LOT 5, BLOCK 1, DUNWOODY SUBDIVISION
19 20
E. CHINDEN BLVD.
30 29
-m POINT OF
N BEGINNING
Ir
THREE CORNERS SUBDIVISION 140, 1
ANNEXATION PARCEL
LOT 5, BLOCK 1,
DUNWOODY SUBDIVISION
TOTAL ANNEXATION AREA =
1.57 ACRES
N89'21'41"W 376.52'
UNPLATTED
12"
Pei
Im
pwa.m.m. IMF
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO I.C. § 50-901(A)
CITY OF MERIDIAN ORDINANCE NO. 15 -
PROVIDING FOR ANNEXATION AND ZONING ORDINANCE
An Ordinance of the City of Meridian granting annexation and zoning for a parcel
being all of Lot 5 of Block 1 of Dunwoody Subdivision as shown in Book 58 of Plats on
Page 5482, records of Ada County, Idaho and a portion of the SW 1/4 of the NW i/4 of
Section 29, Township 4 North, Range 1 East, Boise, Ada County, Idaho. This parcel
contains 1.57 acres more or less. Also, this parcel is SUBJECT TO all easements and
rights-of-way of record or implied. As surveyed in attached exhibit `B" and is not based
on an actual field survey. A full text of this ordinance is available for inspection at City
Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall
become effective on the day of 2015.
City of Meridian
Mayor and City Council
By: Jaycee L. Holman, City Clerk
First Reading:
Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code
§50-902: YES NO
Second Reading:
Third Reading:
STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF
SUMMARY OF ORDINANCE NO. 15 -
The undersigned, William L.M. Nary, City Attorney of the City of Meridian,
Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of
the attached Ordinance No. 15- of the City of Meridian, Idaho, and has found
the same to be true and complete and provides adequate notice to the public pursuant to
Idaho Code § 50-901A (3).
DATED this day of 2015.
William. L.M. Nary
City Attorney
ORDINANCE SUMMARY-DUNWOODY (AZ 15-006)
Meridian City Council Meeting
DATE: Auqust 25, 2015 ITEM NUMBER:
PROJECT NUMBER:
ITEM TITLE: Future Meeting Topics
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