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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. Meridian City Council August 25, 2015 Page 4 of 46 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? Meridian City Council August 25, 2015 Page 5 of 46 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. Meridian City Council August 25, 2015 Page 6 of 46 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. Meridian City Council August 25, 2015 Page 7 of 46 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. Meridian City Council 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 Meridian City Council 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 Meridian City Council 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 Meridian City Council August 25, 2015 Page 23 of 46 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. Meridian City Council August 25, 2015 Page 24 of 46 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. Meridian City Council August 25, 2015 Page 25 of 46 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 Meridian City Council August 25, 2015 Page 26 of 46 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. Meridian City Council August 25, 2015 Page 27 of 46 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 Meridian City Council August 25, 2015 Page 28 of 46 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 Meridian City Council August 25, 2015 Page 29 of 46 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 -- Meridian City Council August 25, 2015 Page 30 of 46 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. Meridian City Council August 25, 2015 Page 31 of 46 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. Meridian City Council August 25, 2015 Page 32 of 46 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. Meridian City Council August 25, 2015 Page 33 of 46 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 Meridian City Council August 25, 2015 Page 34 of 46 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. Meridian City Council August 25, 2015 Page 35 of 46 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 Meridian City Council August 25, 2015 Page 36 of 46 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 ATTEST: JAYC CLERK 1t /F its - DATE APPROVED �`1y��cATGb,11i �o .s City of 9w su,�rru . o ALT ��Pde 'PRE ASURE 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 Y PUBLIC FOR IDAHO to N. LA .� E ®��,.®° a®®`,�<�� at: 1OTtiI�Ysion Expires: "tea ®PUBLIC Sanitary Sewer and Watef+- EASMT S&W 11-15-13.doc GRANTEE: CITY OF MERIDIAN Tammy de,*— e . ed, Mayor `O�PJRATrbA� L l rxk At ' _.. as O( Attest byC,$ ycee L. Holman, City Clerk x r tI Approved By City Council On: w the 7Rf ASUati.� STATE OF IDAHO, ss 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 •. (SEAL) O?, „� • / 7, • • WA J I� ®• I�Aljo •.. ••owns... NOTARY P ICjO� IDAHO Residing at:U?J�G1 L� Commission Expires: 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 �pL LA Line Table EN O1 CD z' ' L5 • 50 L7 N28'24911 38.49' 1/2 � l F L5 S89'19'21'E 3.50' GAEL S. L7 S69'19'21'E 32.50' L8 SGO'4039Nd 20.00' c� mlf` LID S26'2431'W 50.37' m N C3 LU O co O L6 F o� 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' ' 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' o� 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' L7 Ico J F L9 J I p CD til L3J J M CDO °Q POB so / s S00'27'19"E 22.98' N89°1 771 -5, c2 R� y .oCD CD ? CIO 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 6075 1827 18511188 1 1911 1919 6100 `C 6100 611J 6982 1 — 1800 18R 1864 1896 1928 6060 \� 406) 1805 I8)] 10.59 IB91 1923 6020 6Y65 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 5985 1 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 558] Ss]0 1112 1744 IA6 1808 IBdO 5576 19)0 1596 2016 1048 2 5555 5518 55]1v —� x J 8 5569 1141� 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 _z_ 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 r Lzir� s�lulivri� -7- 1111 Ht•z�ii B OF 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 11118 , vn I I; -8- "4i;4!ni!flons and Consulting nr MSTH 6rMA MEMD"rID 07642 120012002090 (200)206255704 wwfardsduW ..Olx ANNEXATION PARCEL m `s LOT 5, BLOCK 1, DUNWOODY SUBDIVISION N7 M TOTAL ANNEXATION AREA = `� w O a 1.57 ACRES ° N O O r o N N89'21'41"W 376.52' OJ p O Ia z UNPLATTED 3D " 29 1/4 11118 , vn I I; -8- "4i;4!ni!flons and Consulting nr MSTH 6rMA MEMD"rID 07642 120012002090 (200)206255704 wwfardsduW ..Olx 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         PU B L I C A R T AT M A I N & FA I R V I E W M A C R E C O M M E N D A T I O N | A U G U S T 2 5 , 2 0 1 5 DA N I E L L E FO U S H E A C A N O P Y O F C O L O R CU R R E N T S I T E OT H E R FO U R FI N A L I S T S “T R U E N O R T H ” CH A R L E S H A M A N “N A T I V E S ” C. J . R E N C H “R E D , W H I T E , A N D B L U E ” BR I A N S C H R E I N E R & K E N M C C A L L “O U T O N T H E T O W N ” DA N I E L B O R U P PUBLIC INPUT for PUBLIC ART PROPOSALS: MAIN & FAIRVIEW PUBLIC INPUT via E-MAIL 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 L L d Mc u ad k z 'R= _r., 0 c 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 M& q -n �C,, CA" c 00��j 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 Ci t y C o u n c i l M e e t i n g Ci t y C o u n c i l M e e t i n g Ci t y C o u n c i l M e e t i n g Ci t y C o u n c i l M e e t i n g A A A A u g u s t 2 5 , 2 0 1 5 ug u s t 2 5 , 2 0 1 5 ug u s t 2 5 , 2 0 1 5 ug u s t 2 5 , 2 0 1 5 Sl i d e 1 h2 Ag e n d a I t e m N u m b e r s / O r d e r : ho o d c , 1 2 / 1 9 / 2 0 0 6 It e m # 8 B & D : A v e b u r y S u b d i v i s i o n – Z o n i n g / A e r i a l M a p Av e b u r y S u b d i v i s i o n – P r o p o s e d P r e l i m i n a r y P l a t / L a n d s ca p e P l a n Ad d e d S t r e e t Li g h t s Added Landscaped Common Lot Ad d i t i o n a l l a n d s c a p i n g wi t h i n t h e F i v e M i l e C r e e k ea s e m e n t Pa t h w a y C o n n e c t i o n th r o u g h t h e p r o p o s e d de v e l o p m e n t No s i d e w a l k i n f r o n t o f these homes. No s i d e w a l k o n t h e no r t h s i d e o f E . A v e b u r y Av e . Co n c e p t u a l B u i l d i n g E l e v a t i o n s Co n c e p t u a l B u i l d i n g E l e v a t i o n s Co n c e p t u a l B u i l d i n g E l e v a t i o n s Co n c e p t u a l B u i l d i n g E l e v a t i o n s Co n c e p t u a l B u i l d i n g E l e v a t i o n s Fl o o r P l a n It e m s # 8 D : A v e n d a l e S u b d i v i s i o n – V i c i n i t y M a p Ap p r o v e d P r e l i m i n a r y P l a t It e m s # 8 E : J u m p T i m e - Z o n i n g & A e r i a l M a p s Pr e v i o u s l y A p p r o v e d C o n c e p t P l a n a n d N e w C o n c e p t P l a n Pr o p o s e d D A C h a n g e s Fu t u r e d e v e l o p m e n t o f t h i s s i t e s h a l l s u b s t a n t i a l l y c o m p l y w i t h t h e c o n c e p t u a l d e v e l o p m e n t p l a n i n c l u d ed in E x h i b i t A . 3 . T h e a p p l i c a n t s h a l l i n c o r p o r a t e a p e de s t r i a n c i r c u l a t i o n p l a n t h a t p r o v i d e s i n t e r c o n n e c tivity wi t h i n t h e p r o p o s e d d e v e l o p m e n t a n d p e d e s t r i a n c o n n ec t i o n s t o E . F r a n k l i n R o a d . T h e p l a n s h a l l b e su b m i t t e d w i t h t h e f i r s t c e r t i f i c a t e o f z o n i n g c o m p li a n c e a p p l i c a t i o n . Ce r t i f i c a t e o f Z o n i n g C o m p l i a n c e a n d A d m i n i s t r a t i v e D e s i g n R e v i e w a p p l i c a t i o n s a r e r e q u i r e d t o b e su b m i t t e d t o t h e P l a n n i n g D e p a r t m e n t f o r a p p r o v a l o f a l l f u t u r e b u i l d i n g s / u s e s o n t h e s i t e , p r i o r t o is s u a n c e o f b u i l d i n g p e r m i t s . Di r e c t a c c e s s t o E . F r a n k l i n R o a d i s l i m i t e d t o t h e a c c e s s s h o w n o n t h e c o n c e p t u a l d e v e l o p m e n t p l a n ap p r o v e d w i t h t h i s a p p l i c a t i o n . C r o s s - a c c e s s s h a l l be p r o v i d e d t o t h e p r o p e r t y t o t h e w e s t ( p a r c e l #S 1 1 1 7 1 2 0 6 3 0 ) a n d t h e p r o p e r t y t o t h e e a s t ( p a r c e l #S 1 1 1 7 1 1 0 2 0 1 ) f o r f u t u r e i n t e r c o n n e c t i v i t y . A re c o r d e d c o p y o f t h e c r o s s - a c c e s s a g r e e m e n t ( s ) s h a l l b e p r o v i d e d w i t h t h e f i r s t C e r t i f i c a t e o f Z o n i n g Co m p l i a n c e a p p l i c a t i o n . An y e x i s t i n g d o m e s t i c w e l l s y s t e m w i t h i n t h i s p r o j e ct s h a l l b e r e m o v e d f r o m d o m e s t i c s e r v i c e p e r C i t y Or d i n a n c e S e c t i o n 9 - 1 - 4 a n d 9 4 8 , w i t h i n 6 m o n t h s af t e r t h e d a t e o f a n n e x a t i o n o r d i n a n c e a p p r o v a l . Co n t a c t t h e C i t y o f M e r i d i a n E n g i n e e r i n g D e p a r t m e n t a t ( 2 0 8 ) 8 9 8 - 5 5 0 0 f o r i n s p e c t i o n s o f d i s c o n n e c t i o n of s e r v i c e s . W e l l s m a y b e u s e d f o r n o n - d o m e s t i c p u r po s e s s u c h a s l a n d s c a p e i r r i g a t i o n i f a p p r o v e d b y Id a h o D e p a r t m e n t o f W a t e r R e s o u r c e s C o n t a c t R o b e r t B. W h i t n e y a t ( 2 0 8 ) 3 3 4 - 2 1 9 0 . An y e x i s t i n g s e p t i c s y s t e m s w i t h i n t h i s p r o j e c t s h a ll b e r e m o v e d f r o m s e r v i c e p e r C i t y O r d i n a n c e S e c t i on 9- 1 - 4 a n d 9 - 4 - 8 . w i t h i n 6 m o n t h s a f t e r t h e d a t e o f an n e x a t i o n o r d i n a n c e a p p r o v a l . C o n t a c t C e n t r a l Di s t r i c t H e a l t h f o r a b a n d o n m e n t p r o c e d u r e s a n d i n s p ec t i o n s ( 2 0 8 ) 3 7 5 - 5 2 1 1 . Pr o p o s e d D A C h a n g e s Th e d e v e l o p e r / o w n e r s h a l l p r o v i d e a m a s t e r a d d r e s s ki o s k a t t h e e n t r a n c e o f t h e d e v e l o p m e n t c o n t a i n i n g a d i r e c t o r y m a p a n d a d d r e s s e s o f t h e b u i l d i n g s w i t h in t h e d e v e l o p m e n t . S a i d s i g n a g e a n d a n y a d d i t i o n a l re q u i r e m e n t s ( i . e . a d d r e s s i n g , m a p s , n u m b e r a n d l e t te r s i z e s ) s h a l l b e d o n e t h r o u g h c o o r d i n a t i o n w i t h th e M e r i d i a n F i r e D e p a r t m e n t . Th e u s e s a l l o w e d p u r s u a n t t o t h i s a g r e e m e n t a r e t h o se u s e s a l l o w e d i n t h e C - C z o n i n g d i s t r i c t l i s t e d i n UD C T a b l e 1 1 - 2 B - 2 e x c e p t f o r t h e f o l l o w i n g : d r i n k i n g e s t a b l i s h m e n t s , f u e l s a l e s f a c i l i t y , m i n o r v e h i c l e re p a i r , v e h i c l e w a s h i n g f a c i l i t y , w i r e l e s s c o m m u n i c at i o n f a c i l i t y a n d v e h i c l e s a l e s a n d r e n t a l s . Al l f u t u r e d e v e l o p m e n t o f t h e s u b j e c t p r o p e r t y s h a l l c o m p l y w i t h C i t y o f M e r i d i a n o r d i n a n c e s i n e f f e c t at th e t i m e o f d e v e l o p m e n t . Th e d e v e l o p e r / o w n e r s h a l l b e r e s p o n s i b l e f o r a l l c o st s a s s o c i a t e d w i t h s e w e r a n d w a t e r s e r v i c e in s t a l l a t i o n . Th e d e v e l o p e r / o w n e r s h a l l c o n s t r u c t a n 8 - f o o t d e c o r at i v e C M U w a l l a d j a c e n t t o t h e s o u t h e r n p r o p e r t y bo u n d a r y a n d t e r m i n a t e o n t h e w e s t e r n p r o p e r t y b o u n da r y a t t h e n o r t h e a s t c o r n e r o f t h e Y o d e r P r o p e r t y (P a r c e l # R 3 2 7 3 1 5 0 1 1 0 ) . Th e d e v e l o p e r / o w n e r s h a l l c o n s t r u c t a 3 5 - f o o t w i d e st r e e t b u f f e r a d j a c e n t t o F r a n k l i n R o a d a n d a 2 0 - f o ot la n d s c a p e b u f f e r a d j a c e n t t o t h e w e s t a n d s o u t h e r n pr o p e r t y b o u n d a r y a n d a 5 - f o o t w i d e l a n d s c a p e bu f f e r o n t h e e a s t p r o p e r t y b o u n d a r y i n a c c o r d a n c e w it h U D C 1 1 - 3 B - 7 a n d U D C 1 1 - 3 B - 9 . Th e f o u r A n y b u i l d i n g s a l o n g t h e s o u t h e r n p r o p e r t y b o un d a r y s h a l l n o t e x c e e d 3 5 f e e t i n h e i g h t t o ma i n t a i n c o m p a t i b i l i t y w i t h t h e a d j a c e n t r e s i d e n t i a l p r o p e r t i e s . 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 �PRINT INAME �I ve . e sT E ETVE AUG Z 5 2095 G IT Y OFG 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 R-ECEIVED W 2 5 2015 CITY Y Cid LF GE 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 NEUTRAL h e-; �- m ter'vsem d-er ` 4 q ✓ _ Y. G' WLCITY OF CJTY CLERKS OFFICE RAJ i T 1 J F £-1-71 AU6 2 5 2015 CITY OF CITY CLERKS OFr ';F, amara IV CeIt t q p J F�of.�.Pd� 0 C) Pd < 0 ljl ui� 0 C) Pd < 0 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