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2013-03-191. oll®Call ttendance David Zaremba Brad Hoaglun Charlie Rountree Keith Bird Mayor Tammy de Weerd led a of Allegiance orn unity Invocation y arryl aylor Adoption of the genda Consent Agenda r v pprove mutes o January 013 City Council reouncil eeti n g pprove Minutes of January 2013 City Council eular eeti n C. pprove mutes of arc , 013 City ouncil a ular eeti n D. n ddendum to the 200 License reen~ent with anla eridian Irri ation istrict to roes the Vaughn Lateral in One Location out o Franklin o with Water, eclairned ater and a Trunk Sewer Line in onjunction with the a County Highway District r nklin o Project Meridian City Council Meeting Agenda -Tuesday, March 19, 2013 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. . findings o act, Conclusion o Law for Approval: D 1 -009 outhride by The Land rou Located outh of verlan oad gitween .Ten file oad and .Linder oad equest: u lic Hearing: iication to the veloent regiment omunity Items/Presentations . lice Department: hie° Commendation war rsentation Continued from arch 1 , 2013: Discussion on ace vent roposal with the ran Prix sociation of eri ian Items oved From Consent end ction Items Meridian City Council Meeting Agenda -Tuesday, March 19, 2013 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. . e artrnent sports Co unity ev lornen: Introucti n i cussi n o ropose tes to the International ec anic I, uil in , and eiential Co e 1. rinances 11. d~.~ ,~_~ ;®~~ ~~~--~ : xecutive ession er I aho t to Code 67®2345 (1)(f): To Consider and Advise Its Legal Representatives in ending Litigation I t iv i . i i t :1 . . 1 uure eetin Topics t : . Meridian City Council Meeting Agenda -Tuesday, March 19, 2013 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. eriian City Council March 19, 2013 A meeting of the Meridian City Council was called to order at 7:03 p.m., Tuesday, March 19, 2013, by Mayor Tammy de Weerd. Members Present: Mary Tammy de Weerd, Brad Hoaglun, David Zaremba, Keith Bird and Charlie Rountree. Others Present: Bill Nary, Jaycee Holman, Bruce Chatterton, Bill Parsons, Bruce Freckleton, Tracy Basterrchea, Chris Amenn, and Dean Willis. It 1: oll-call ttn ance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Well, I will go ahead and welcome everyone to our regular City Council meeting. Thank you for joining us. For the record it is Tuesday, March 19th. It's a few minutes after 7:00. We will start with roll call attendance, Madam Clerk. Item : led a of Ile i nce De Weerd: Item No. 2 is the pledge to our flag. If you will all rise and join us in the pledge. Item : o munity Invocation y arryl Taylor De Weerd: Now, I don't have my glasses on, but -- Dusty, is that you? No. Okay. We don't anyone for Item No. 3, so -- Bird: Yeah, we do. De Weerd: Yeah? Darryl. Darryl Taylor. Well, it's not on my agenda. I was like -- okay. Who do I know out there. I was almost going to assign it to just anyone sitting there. Taylor: Well, let's try that one. De Weerd: I have. Thank you for being here. Taylor: You bet. My pleasure. Let's pray. Heavenly Father, what a blessed nation we are, Father, and for -- for the fact that freedom is our -- is our main stay, that we can -- we can come and we can express our political opinions, our religious thoughts, and, Father, we just thank you for that and for the military that has helped us with the -- with Meridian City Council March 19, 2013 Page 2 of 32 the freedom, Father, that you will just give them safety and security during their time and their stay away from home. Father, for the -- for the political arena, for the federal government and the state and the county and even here in Meridian with the City Council, Father, we just thank you for their dedication, thank you, Father, for their -- for their wisdom to -- to help with this freedom of choice and, Father, also for the construction projects that are going on, for the safety of the workers and also the patience of those that are going through the construction zone, Father, that you would just guide and direct them. And, Father, just now tonight we are asking just for your wisdom and your patience to hear, as matters are discussed and, Father, we just thank you once again for -- for sending your son that gives us freedom on -- not just on the outside, but freedom to live as we -- as we will on the inside and we just thank you in Jesus' name, amen. De Weerd: And amen to that prayer. Especially, about the patience during road construction. Thank you. Because I think I'm almost at wit's end and I never thought would hear myself say that. So, thank you, Darryl. You have a free card to call me whatever you want, so -- everyone else does. I don't even give them a card. You did remind me over this last week we had a speaker in town that has gained national attention as the man without limbs and Nick Vujicic came and spoke at Meridian Middle School and he talked about what we do with our broken pieces and I know I talked to a number of people after his presentation at the middle school and certainly his presentation at the Idaho Center was -- was real faith based, but what Nick did in giving hope in our valley, in our community, and he revealed a statistic I don't know if a lot of us really have really grasped yet, but out of the thousand students that sat in that auditorium at Meridian Middle School, one in four kids raised their hand that they considered committing suicide and much of that was due to teasing or bullying and I think until we as a community make a decision that we won't accept that kind of behavior and this is not just a kid thing, you see enough adult bullying as well and what role that we can all play in healing our community and as Nick mentioned, three seconds it takes you to say one mean thing, but that person you said it to, they bring it home with them and that three seconds multiplies over and over again. So, just to call out to our community and being a part of the solution, so with that cheery note I do appreciate our faith community coming and starting us out, reminding us about the important things. So, thank you. It o ti n the n a De Weerd: Item No. 4 is the adoption of the agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: On tonight's agenda a couple items to note and one item to add. Under 9-B, that is Ordinance No. 13-1547. 10-A is Ordinance No. 13-1548. And we need to add Item 11, which is an Executive Session per Idaho State Code 67-2345(1)(f), which is to Meridian City Council March 19, 2013 Page 3 of 32 consider and advise its legal representatives in pending litigation. So, with that, Madam Mayor, I move adoption of the agenda as amended. Rountree: Second. De Weerd: And you almost thought we would get through it without one of those, uh? Bird: Yeah. Rountree: Yes. De Weerd: I have a motion and a second to adopt the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Ie . onsent ends . rove mutes o J nu ry 1 City ouncil re ouncil eating prove mutes o Janu ry ity ouncil a ular eeti n prove mutes of arch 013 City ouncil a ul r eetin n den u to the icn e r ement with a eriian Irri tion istrict o ro s the u hn Later I in ne Location oath o r nklin oa with ter, ecl ime star an rank ewer Line in onjuncti n i t e ounty i w y istrict r nlin oad Project Fin in o act, Conclu ion of L w for rv I: 1 - outhri e y 1'he Lan rou Locate ouch o verlan oad a een .Ten ile oad and .Linder oad euest: ulic H grin oific tion to the evelopent regiment Meridian City Council March 19, 2013 Page 4 of 32 De Weerd: Item 5 is our Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move approval of the Consent Agenda and the Mayor to sign and the Clerk to attest. Rountree: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Ie rn unity Items/ resentati®ns ®lie eartrnent: Chiefs rnen ati®n ward r entatin De Weerd: Item 6-A is under our Community Item/Presentations and I will turn this over to our deputy chief. And just, by the way, I would like to just tell you how appreciative we are of our police department. You did Meridian proud today at the state legislature speaking to SCR-112 and what the legalization in any form of marijuana will do to communities, not just ours but communities across the state. The words that our department, through the various representation, was very moving and very applicable. So, thank you. Meridian City Council March 19, 2013 Page 5 of 32 Basterrechea: Thank you, Madam Mayor. Madam Mayor, President Hoaglun, r Members of the Council, we have a chief's commendation to award tonight to one of our local citizens and I don't mean to be rude, but I am going to turn this around and turn my back on you while we present it and talk to the crowd. De Weerd: That's more appropriate. Basterrechea: There we go. As most everybody that pays attention to the news knows that on March 9th the Ada County Sheriff's Department and Boise Police Department was involved in a critical incident, which ended in a shooting south of Kuna. Being a member of a critical incident task force that investigates those shootings and the Meridian Police Department was asked to lead the investigation into this shooting. During our investigation the initial stages took a very long time to gather evidence and once we were going through the evidence back at the station we realized that there were three outstanding rifle casings that we could not account for, so we sent the crime scene investigators back to the scene in an attempt to locate these missing rifle casings and once they were there they were met by Mr. Gene Anderson and Gene had noticed detectives out scouring the area looking for something and Gene came out to the edge of his property line and asked our detectives and the other crime scene investigator there, he said can I help you? What are you looking for? And they described to Gene the nickel plated rifle casings and almost immediately Gene looked down in his field and said you mean something like this and picked up a rifle casing, which made our detectives' job much easier, they were able to focus their efforts at that time to that localized area and they were able to recover the outstanding rifle casings and while that was very important to us, Gene -- the impression that Gene left on our investigators and on us was much more important. It's citizens like Gene who volunteer to help police officers when we need their help, without us having to ask, they just we believe make this a great state to live in and a great community to live in and so if Gene would come forward, we have a picture of -- to present to Gene of Gene standing in his field with the evidence markers where the casings were found, as well as a certificate -- a chief's commendation for Gene. So, we are very pleased to present this to you, Gene. De Weerd: And thank you, Gene. We appreciate our citizens that are so willing to step forward and be part of the solution and I really truly believe that's what is special about this community in particular is people are willing to sometimes stick their neck out and appreciate the police department recognizing that as well. Hoaglun: Madam Mayor, if I might add, it's always nice -- Gene now has proof that he is outstanding in his field, so -- there you go. Well, it had to be said. You know it had to be said. Rountree: I was hoping you'd say it, because I was about to. ontinue r rch 1 013: i u~sion o c vent ro Deal with t ran rix ociation of eriian Meridian City Council March 19, 2013 Page 6 of 32 De Weerd: Sitting between two corny guys. Item 6-B is continued from March 12th and that's a discussion on the race event proposal and -- Warren. I think Council has had an opportunity to go through the materials that you left with them and might have come back with a couple of questions and so I will open this up to Council for questions for Warren and see if Warren had additional information he wanted to share as well. Busse: Thank you, Madam Mayor. I did also bring in today some copies of the rough survey that we are going to be taking to the businesses in the proposed track area. Once we have, you know, a conditional approval, you know, we intend to begin that survey process immediately, as well as beginning to talk to local -- local potential sponsors first. We have a significant list ready to go, but we are not going to get with them prior to, you know, having some indication that we can move forward. I did have a very positive meeting with Director Bruce Wong from the ACRD last week and he has me on the schedule for April 10th to present to the commissioners, you know, the concept of what we are looking to do now. Also I'm looking to see if you have input on which circuit or which track you would prefer. It's kind of vital that we narrow that down. You know, particularly for the ACHD so they know what they are looking at, you know, as we move forward. So, the hope at this point is to get some conditional approvals from the city, ACHD, and have some sponsorship commitments in hand prior to the trip to Long Beach next week, so that when I meet with the Indycar folks there, there is a very real possibility of coming back with adate -- a provisional date on their 2014 calendar, which would, again, still be subject to approval here, so that we could, then, move forward full time. De Weerd: Thank you. Council, questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Warren, I had a question on the questionnaire that you're proposing to -- or the survey that you're proposing to do. It probably would be good to look at this in the context of businesses that are within the proposed route and businesses that are in the proposed area -- Busse: Oh, absolutely. Rountree: -- so you can distinguish between -- Busse: Between the two. Rountree: -- those that are going to have an immediate impact with road closures and those that are going to be in the vicinity and may very well see a significant benefit and I don't know what you're leading in the survey with, but certainly you're going to want to explain to the folks that are on the corridor that it would involve road closures -- Meridian City Council March 19, 2013 Page 7 of 32 Busse: Right. Rountree: -- for a period of time when they typically would be in business, with the exception of probably Sunday in most cases. Busse: We discussed -- the intention is prior to actually getting into the survey face-to-face meeting with hopefully the owner, manager if the owner is not available, and discuss the nature of what we intend to do, how long it takes to set it up, tear it down, what they are looking at in terms of any actual closures. Rountree: And I would point out that earlier this evening Warren handed out the new business cards for the Grand Prix Association of Meridian. So, hopefully you all will get one of those and the letterhead on the information provided recognizes Meridian as the potential site for a Grand Prix race. Busse: One other interesting point to bring up to you folks is as you look at the logo on the letterhead one of the things I have been discussing with the artist -- and I don't know if this is something you would embrace or not. I don't know if it's the -- it's what you want to put out there, but it would be a fairly simple matter with the trees that we have in the colors behind the cars, to change that to a water tower. Just throw that out there. You know, it would be very simple to do. It doesn't need to be done, so -- De Weerd: My mom taught me -- other comments, Mr. Rountree? Rountree: I have no other comments. I'm sure you have one. The water tower. De Weerd: I am just biting my tongue. Mr. Zaremba. Zaremba: Madam Mayor. I have read through the materials and found them very interesting, very exciting. I think this is a great idea and would like to see you move forward with it. My opinion of which route to use would be to pick the one that has the most turns on it. We have a lot of straightaways and that's not that interesting for the television audience, so the one that has the most turns. Bird: Number three. Zaremba: Now, not -- not to go negative, but you have some sizeable challenges ahead of you. We don't have the hospitality infrastructure here to handle 44,000 visitors or 2,000 -- 200,000 visitors. I'm going to make some suggestions of some research for you to do if you would and that is call the Boise Auditorium District and ask them how many hotel rooms and motel rooms there are. I suspect it's less than 5,000 in the whole Treasure Valley. That's not very many. I would call the airport -- all three of them, actually, Nampa, Caldwell, and Boise and ask them where they would put 60 corporate jets if sponsors and all brought their jets and retinue. The biggest event that I can think of recently was the International Special Olympics about three years ago and you might give them a call and ask them what was the size of their event. I know they do a small Meridian City Council March 19, 2013 Page 8 of 32 ~' event every year, but the international one that they did I think '09 or '08, something like that. What size were they and did that seem to stretch our hospitality capability. When you're in Long Beach I would ask them what kind of facility you need for a media and broadcast center. I cannot off the top of my head think of any building in or near Meridian that would have the power and the connectivity -- Busse: Right. Zaremba: -- that would be necessary for the international broadcast community and don't want those to come across as negative, but if we are capable -- if the whole Treasury Valley is capable of hosting 15,000 people, then, we are not ready to ask 200,000 to come here, so -- and the difficulty is I don't think people would put in enough hotel rooms that were only going to be used three days a year. So, I suspect there is challenges there. One more challenge. Since Meridian doesn't have public transportation, if we got 200,000 people to come they would all have to drive to the event and even if they doubled up in the cars we are talking about parking 100,000 cars within walking distance of the event and that would be a challenge for us as well. I'm just -- these are things to gear your research toward and questions to ask. Busse: A number of those issues have been worked on to this point already. I have spent a significant amount of time with Pat Rice of the auditorium district in Boise. There are closer to probably 20,000 rooms in the Treasure Valley at this time and the number is rising. Additionally, we have spoken with Boise State about if the event would be during the summer they are looking at the possibility of using dorm rooms as -- you know, fans could stay there. Another potential income for the university itself. Also work with the auditorium district in terms of using -- if folks want to sign up for a list of -- it's done at races all over the world -- you know, they can rent rooms in private residences and we can, you know, get a list of that, but housing I think we are okay on. Zaremba: Good. Busse: Airports and corporate jets, between -- you know, Boise Airport alone and with Gowen Field I think we are in good shape. There is sufficient, you know, storage and capacity to handle both parking and, you know, taking care of those vehicles while they are there. Public transportation. Interestingly, in my meeting with Director Wong last week one of the big things I said was, you know, we are going to have -- you know, the first event I have no doubt will be an attendance smash. Everybody is going to come, because they want to see it. It's something new and exciting. Getting them to come back year two is a challenge and that means you have to make year one positive for them. They have got to be able to get to and from the event in a timely fashion and parking and getting to and from is going to be critical and he immediately stepped forward and said, you know, we have got a whole van of Commuteride -- fleet of Commuteride vans that are, you know, available on the weekends and they very much want to partner with us and we are looking at those kinds of answers to where we can have -- you know, I use Disneyland as an example. They have 150,000 visitors a day and parking can be -- you know, it's huge, but they have shuttles moving so quickly and Meridian City Council March 19, 2013 Page 9 of 32 so rapidly that it's not a deterrent and that's what we are looking to achieve here. But, again, all those are good points and I will be addressing them individually. Zaremba: I appreciate your looking into them. I guess the thing that worries me a little bit -- we brag about Boise and Meridian and this area being the most isolated population center in the country, but it has an impact on these kind of events. Long Beach has like two million people on theirselves, but within 20 miles there is ten million more people. Baltimore the same thing. I think there are like three million, but within 50 miles there is another ten million people. Washington, D.C. and all of North Virginia. And in our case if we don't have it in the Treasure Valley, the nearest is Reno or Portland or -- Busse: Right. Zaremba: -- Salt Lake City. So, as I say, there is some challenges. I hope they can be worked out. I'd like be whatever help I can be. Busse: You bet. De Weerd: Well, coming from a transportation organizer planner you probably could help. Zaremba: I would be glad to try. De Weerd: Another volunteer opportunity there, Councilman. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: And, Warren, I went through the material and I'm curious, online ticket sales, is that primarily how you sell a ticket is online or do you have a place people can buy them? Busse: There will be both available. Hoaglun: Okay. Busse: They will be able to come to a ticket office if they are local or online if they are not. It will be their option. Hoaglun: And Madam Mayor and Warren, is the bulk of the tickets online sales, though? Is that primarily the -- Busse: I would -- yes. Meridian City Council March 19, 2013 Page 10 of 32 Hoaglun: Okay. Because I'm trying to -- I'm intrigued by the idea, but when you get into the details, that's where it's going to make or break it and there is just some -- I'm trying to pencil out some details here and you talked about 150,000 possibly coming and didn't know what your bottom line is. I went and kind of looked at the financials and when -- looking at Baltimore and with their -- with their ticket sales, 48 percent came from the Baltimore metropolitan area and, then, another 11 percent came from the rest of the state of Maryland. So, you have 59 percent. But that's the metro area of 2.7 million, whereas our metro area here is 600 plus thousand. That's two different scales. So, if you are going to have half come and you're talking about a much much smaller area -- Busse: Right. Hoaglun: -- I'm thinking, boy, this is an event that's 35 to 50 thousand, not 150,000 and what does that do to your bottom line if it is in that range, is it still -- does it pencil out for you? So, that's -- Busse: Right. Attendance wise I think we need to be somewhere in the 60 to 70 thousand range to -- to break even, to not go in the red. Beyond that, then, we start looking at having funds for the following year and, then, putting the money back into the community. So, if we can achieve the numbers we are talking about -- and we are looking at significant numbers of fans coming from outside the area and a large part of our advertising budget is geared toward that, you know, fans from Portland, Seattle, Las \legas, Salt Lake City, that don't have anything to go to. This would be the only -- the closest event for them to attend as well. So, we are hoping to get some -- I'm looking to getting some significant attendees from those cities. Hoaglun: And that was -- kind of led right into it, Warren. When we are -- I see competing for fans -- are these fans folks who will go to one race or will they -- if there is a race in the western U.S. they will be going anywhere the cars run, because I was thinking, gee, Portland, Seattle, come to Meridian, the Boise valley, or do they go to Long Beach if they are just going to go to one race. How do we get them here? But I don't know the makeup of the fan base, so I don't know if that's __ Busse: Okay. You will have both. You will have -- there is some fans that will go to every race that's viable for them that's within a thousand miles that they can afford to and you will have some that will have to pick and that's where it's up to us to -- in an inaugural event you're going to get a lot more people, because it's new and they want to see what it's like and, then, it's up to us to make that show as good as possible to make them come back. Hoaglun: Okay. And when I looked at the courses I'm like it was mentioned earlier, know this is a technical -- there is speed, but there is also -- it's a very technical race, a lot of skills are demonstrated. So, route number three would be the route I would choose based on that, but at the same time when you're looking at the roads, that blocks the most roads and -- Meridian City Council March 19, 2013 Page 11 of 32 Busse: I understand. Hoaggun: -- creates the greatest hardship for folks in that area, so -- but, yet, when you go to -- I think it was the rectangle and number two that's probably the most boring, so -- that has the least impact. Busse: Right. And that was really why I presented all three just so you could -- you could see the variety. The first one I think goes away simply because it impacts Meridian Road and there is some significant residences to deal with there without -- that don't have another option for ingress and egress. So, if we get past that one and we look at the other two, one is a very simple course, simple to set up and simple for the drivers, simple for the fans. It has -- it's more boring, it's not as interesting, but it has a little bit less impact on businesses, because it doesn't take as much road up. The other one is far more interesting both visually on television and in person and I think gives us abetter --abetter footprint, because what we are looking at doing is not only having the race itself, but a variety of events within the circuit and I think the challenge is going to be to make not only parking work, but spectator movement and that's where working with the police department and other folks, you know, in the city to work on pedestrian traffic, because we want people to be able to get around freely. If you're bringing a family -- and we want this to be family affordable, that's our intention, you're not going to have your kids sit in the stands for eight hours. They are going to want to go look and do things. We are looking into potentially even partnering with the bowling alley and having -- working with them for the weekend to where families bowl free that -- you know, with their tickets. I mean different things for people to do that kind of involve that whole area. Hoaglun: Okay. And my last question, Madam Mayor and Warren, is just when those cars go down a straightaway how -- how loud is that? How many decibels do they emit when they are going full bore? I was just kind of curious, because you hear -- you know, I remember the races on TV and whatnot and, you know, I don't know if they amp them up or not, but it's -- De Weerd: I went online and listened. I know I'm going to get calls. Busse: It's certainly quite loud when you're up close and they do amp it on the television, but I know they are in the hundred decibel range. De Weerd: Which that compares to what? Busse: As opposed to I think your cap at Meridian Speedway with the night racing is 95. So, it's slightly louder. Hoaglun: I know who is going to call me from Meridian Greens already then. I hear about the speedway from them, so -- Meridian City Council March 19, 2013 Page 12 of 32 Busse: Well, the good part of this, though, is that the last -- the latest the cars would be on the track at any given day I think would be about 5:00 o'clock, so -- maybe 5:30 in the evening. So, you won't have any night impact at all in some of the sound. It will all be during the day. Hoaglun: Madam Mayor and Warren, if I recall, there were -- there could be three different events there, the different classes or whatever you call them -- Busse: Yeah. A number of different races on the track, you know. Hoaglun: I suppose you have a practice session and, then, there will be a race session and the same for each class, so -- okay. Something to think about. Okay. Thank you. De Weerd: You know, Warren, I guess Councilman Zaremba brought up accommodations and not just the transportation, but the bed accommodations and those are all good. My -- my comments are comments you have already heard. It's reaching out to the neighbors and the businesses that will be affected. When we do a conditional use or a temporary use permit for those that want to close roads. They do have to go out and talk to the neighbors and businesses along the routes that they are. This is going to be -- have afar -- the reach is going to impact a lot more people. Busse: Right. De Weerd: You might even consider doing a couple of neighborhood business meetings that -- we could probably help you advertise and let the community know that -- that it's going to be proposed and they have a chance to come and get more information. Busse: Okay. De Weerd: But the more community outreach and certainly the more you can one on one talk to the neighbors and the businesses I think the more successful your project or event will be. Busse: I agree very much. De Weerd: And, lastly, part of those that will be affected happens to be, you know, a cemetery, people are dying to get in there. Bird: The nice thing about them they don't complain. De Weerd: Yeah. You know, ISP, our fire station -- certainly are primary fire station that's three days that they'd have to find atemporary -- Busse: Right. Meridian City Council March 19, 2013 Page 13 of 32 De Weerd: -- plan. Those -- those are just additional details and our parks department certainly -- Busse: Right. De Weerd: -- what you do with the park, which is -- should be accessible to the public and I know as people have planned events, we have told them that it is a public park that still needs to have access to it and I would imagine that the pool would as well, unless you want to rent it for three days, so -- Rountree: We will let them do that. De Weerd: I didn't think you would be opposed. So, you certainly have a number of things ahead of you, but I think you have the right attitude. Busse: Okay. My intention would be to go to ACRD, visit with sponsors, go to Long Beach, and, then, pending further questions, you know, via e-mail or phone from you folks coming back at the end of April to give you an update. De Weerd: Well, I'm glad you mentioned sponsors, because that did mention a question that I had. With the recent announcements that the biking races in Boise are not going to happen because sponsors have pulled out, how do you address the sponsor thing as you're trying to build an event that is more than just one year? Busse: Well, this is -- typically when you sign a title sponsor, which is the most important, obviously, of the event, you look at a three year contract with them, so you have a little bit of time built in and what's worked at Long Beach is that they have developed a partnership with Toyota that has lasted 35 years. You know, they found ways to make the event successful for Toyota in terms of hosting dealers from around the state of California only, as well as having a celebrity race using Toyota vehicles in their event -- the specific event within the Grand Prix itself, so I think if you work with your sponsors to make the event work for them you're in pretty good shape and I think, truthfully, in an event of this type if you really take care of your title sponsor, if they decide -- or what happened with Exergy is, you know, they had a bad year. They had some issues, you know, because of what's going on with the -- with their technology, so they didn't have the funding. This wasn't they didn't want to sponsor the event downtown, they just didn't have the money to do it this year and I think if we do our job correctly, if our title sponsor ran into that type of a situation, hopefully, we have other sponsors in the wings who want to take over. You know, you typically try to have two or three companies that are looking to be your title sponsor, so if your title sponsor does walk away for whatever reason, you have someone ready to fill in. So, hopefully, we don't find ourselves in a position that the Exergy Tour did or the Twilight Criterium does right now. And I'd like to have Criterium in Meridian. Hoaglun: Madam Mayor. That's a good question, you know, about getting quality sponsors, people with deep pockets, people that are committed to the event. You Meridian City Council March 19, 2013 Page 14 of 32 know, like Brighton Development, you know, they would be a good sponsor for that -- oh, Mike wasn't paying attention at all. I just volunteered you to be a sponsor, Mike, so -- but that is an important part of it. De Weerd: That's selective hearing. Hoaglun: Yeah. Yeah. That is an important component of it, so that -- and that lends legitimacy to the event, so -- Busse: Yeah. We have spent a number of months, you know, with the board putting together a list of potential sponsors that are significant and local, so that we can go through those first and -- before we head to the national sponsors. When you have an event of this type you're always going to have national money coming to the table. That's just part of the event. But we want to make sure that our companies, the local firms, are first in line. So, that's where our heart is is to go to those first, get them in place, and, then, look at the national and even international dollars. De Weerd: Okay. Any other questions from Council? I guess -- I trust -- I know you have a long working list, but our departments I think are going to have to get involved and kind go over the -- the temporary use permit and what all that entails. It's kind of like when Ribfest came to town, that event wasn't a go until all of those things and all of the -- Busse: Right. De Weerd: -- the I's were dotted and the T's were crossed and talking with the affected stakeholders, neighbors, and working with our emergency personnel certainly on some of those items. So, thank you for coming back and anything further from Council? Rountree: Madam Mayor, I guess just to sum up for Warren, that I get the sense that we want him to move cautiously forward and make the contacts with the local businesses and start that, as well as sponsors and put together something that he can have as a message in Long Beach that we are receptive and tentative at this point, it kind of depends on a lot of things to come together or not. Busse: Absolutely. Rountree: But I get a sense that we are supportive of moving forward. Busse: Who would be the appropriate person to contact beginning the temporary use permit process? De Weerd: Madam Clerk. I love it when I can point to someone else. Hoaglun: Madam Mayor, just to follow up with Charlie's comment. Yeah. Like I said from the first time, I said I'm intrigued by this, but there is a long ways to go -- Meridian City Council March 19, 2013 Page 15 of 32 Busse: Absolutely. Hoaglun: -- and I guess the community has to be sold on the idea. I mean if they go, you know what, we don't want this, well, then it's -- it doesn't fit -- yeah, it won't be there. So, I guess it kind of falls to you to -- with your survey, with the information and the different things and there is a lot of folks out there that will have to understand it, the impacts and benefits and we will see what happens. Busse: Thank you all. Item 7: It s v ro r~ int en De Weerd: Thank you. Okay. There were no items moved from the Consent Agenda. Item cti n Items De Weerd: So, we will move into Item 8-A, which is continued from March 5th on Final Plat 13-007. I will turn it over to staff. Bill. Parsons: Thank you, Madam Mayor, Members of the Council. The first item on the agenda this evening is the Kingsbridge Subdivision No. 3 final plat. This is the third final plat proposed for that subdivision. It's located east of South Eagle Road, midway between East Victory Road and East Amity Road. Here is the preliminary plat that you acted on in 2010. The applicant is proposing 36 residential lots and three common lots. Overall open space for the subdivision is 12.2 percent and that includes this phase, the second phase and also the first phase. Site amenities for this phase include apicnic -- covered picnic shelter and a tot lot located on the common lot here as well. Would mention to Council that this common lot is installed -- at least all the landscaping is. These amenities will be added to that with this phase as well. Staff did find that this plat is conformance with -- in conformance with the approved preliminary plat. To staff's knowledge there aren't any outstanding issues before you this evening and we have received written testimony from the applicant. They are in agreement with the conditions of approval in the staff report. At this time I'd stand for any questions you have. De Weerd: Council, any questions? Bird: I have none. Meridian City Council March 19, 2013 Page 16 of 32 Rountree: I have none. De Weerd: Does the applicant have any comments? Nice to see you again, Matt. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Hearing no comments or anything, I move that we approve FP 13-007. Rountree: Second. De Weerd: I have a motion and a second to approve Item 8-A. If there is no discussion, Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. 1-0 Villas Lochs ells y rate Invest ant rou, L Locate est i e of .Lin er i ay etween hin en oulevar and c illan oa a ue t: final I pproval of Two () a iential of n 1'wo () onnrnon Lot on roxim t ly 1 cre in n - onin istric De Weerd: Item 8-B is final plat 13-009. I will turn this over to staff. Parsons: Thank you, Madam Mayor. The next item is the Villas At Lochsa Falls. It is a two lot subdivision and two common lots as well. This project was approved in 2012 by -- from Council. It's located on the west side of North Linder Road midway between West McMillan Road and Chinden Boulevard. The applicant is plating -- or excuse me. Here is the approved preliminary plat. This first phase just consists of the two residential homes currently front on Linder Road here. Subsequent phases will come in after this one as well. So, here is what was before you. During the preliminary plat hearing the applicant proposed three buildable lots to take access from Linder Road. You did approve that waiver request for that access point and that common driveway as well. Instead of having three lots the applicant is now proposing two, which is still consistent with the approved preliminary plat. Landscape is minimal with this phase as well. The only required landscape buffer will beaten foot landscape buffer that was approved through alternative compliance and will basically make up -- be comprised of trees and lawn consistent with the preliminary plat approval as well. Staff did receive written testimony from the applicant. They are in agreement with the conditions of approval and at this time I'd stand for any questions you have. Meridian City Council March 19, 2013 Page 17 of 32 De Weerd: Thank you, Bill. Council, any questions? Mr. Zaremba. Zaremba: Madam Mayor. Bill, if I'm remembering correctly, the reason that we agreed to give access to Linder was that having three lots there made the configuration very difficult for getting access internally and even then it was said that if there were only two lot accesses internally would be much easier. So, I'm hesitant to say it's okay to -- to move it to two lots and retain the access to Linder. Was there any consideration given of accessing internally with only the two lots? Parsons: Councilman Zaremba, Madam Mayor, and Members of the Council, I do recall that -- that conversation. At the time that we presented this to you at the preliminary plat we did state that we were closing two -- three access points down to one. I believe that discussion that I had with you did include that three lots and they wanted to create that third lot. Under the preliminary plat conformance standards the applicant has the option to reduce the number of lots. There was nothing in the conditions of approval for the preliminary plat that stated it would be reconfigured if only two homes took access from Linder. I do know the recorded development agreement does allow one access to Linder Road generally in this configuration. Zaremba: I'm not convinced, but thank you. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Bill, on -- there is a number of site specific conditions that were listed in the report. Number four it says any detached accessory structure that does not meet the dimensional requirements of the R-8 zone or span any proposed lot line shall be removed from the property and I know these are two existing properties with I think some outbuildings. I have been by there, but, you know, you just don't pay that close attention to those as you drive by. But dimensional requirements would -- do you know what those sizes are off the top of your head or is there anything that's going to be required to be removed from that? Parsons: Sure. Madam Mayor, Members of the Council, you're right, some of this property -- they do have several outbuildings. I believe one of those structures will span the lot line. Given this configuration of this lot here it would have to meet a minimum five foot setback and, then, be outside of the rear setback, which is a minimum of 12 feet. So, any structure that does not comply with that would have to be removed from the property. Hoaglun: Okay. And it looks like that the applicant is in agreement or his representative is in agreement with the staff report, so there is no problem there, so -- Parsons: That is correct. Meridian City Council March 19, 2013 Page 18 of 32 Hoaglun: Okay. Thank you, Bill. De Weerd: Okay. Anything else from Council? Any comments from the applicant? Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Seeing that we are done, we will -- I move that we approve FP 13-009. Rountree: Second. De Weerd: I have a motion and a second. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Discussion if I may. I would like to ask the Councilmen to consider whether the access to Linder is -- is the right thing to do. I know we struggled with it before and the justification was it would ruin that third lot. If there weren't three lots -- to me the reason for the variance goes away. Am I the only one that feels that way? Rountree: Well, Madam Mayor, I guess in response, I do recall that, but looking at what's being proposed, we still get rid of three access points within a very short stretch of Linder and end up with one and with only two lots with the one we have a third less traffic moving in and out of that one access point. So, we allowed it by variance and we allowed it -- we did not condition the DA with respect to the variance. I don't know -- I'm uncomfortable with trying to go backwards on that decision, since we weren't particularly clear on the decision before. But I see there is -- there is a positive outcome in terms of access. Hoaglun: And, Madam Mayor, I just looked at -- you know, it's driving by there, because I'm back and forth on that road quite a bit and it's just a unique property the way it's structured and having that access point for those houses, well, then, they come off the driveway, both of them, so they are not coming right in and out onto Linder Road, but they are pulling into the garage or parking -- it's on -- in and out of that drive -- onto the driveway and, then, they can come out frontwards onto Linder Road. So, you know, that's -- that's a positive and trying to make those lots work with the existing plan -- plat, it's just -- it would be very difficult. It would take up quite a bit of ground. So, getting rid of two other access points, I think that's a -- that's a good trade off in this situation for this parcel of property. Sometimes you just got to work with what -- what's there, so -- Bird: Madam Mayor? Meridian City Council March 19, 2013 Page 19 of 32 De Weerd: Mr. Bird. Bird: I agree that -- I think the tradeoff for the -- eliminating the access points is worth it myself. While it's not ideal, it's -- it's better, in my opinion. De Weerd: Okay. Madam Clerk, will you, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Zaremba: Okay. De Weerd: Oh, that was overwhelming. Rountree: Was that an arm twist or what? De Weerd: Still the result was all ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Okay. Under Department Reports we will have our Community Development Department -- Bird: Wait a minute. You got one more. De Weerd: Oh. Sorry. Yes, I -- you know, we wanted to know if he was awake and that was just another test. Okay. Item 8-C is final plat 13-010. Bill. Parsons: Thank you, Madam Mayor, Members of the Council. The last public hearing item this evening is Spurwing Grove Subdivision No. 5. It is located north of Chinden Boulevard and about approximately a half a mile east of North Black Cat Road. I have highlighted which portion of the property is being platted and shown this evening. Here is the approved preliminary plat back in 2010. Again, I have highlighted what part of that is being platted this evening. The applicant is proposing 16 single family lots and four common lots on approximately 6.47 acres. Open space with the subdivision consists of eight foot and six foot parkways along the local street. North Jayker Way, which is designated a collector street, will be extended with this phase of development as well and a 20 foot buffer is required along that side of that road -- on each side of that roadway. I'd also let Council know that a ten foot multi-use pathway is also planned Meridian City Council March 19, 2013 Page 20 of 32 ,' for the east boundary of the roadway consistent with the -- both the Jayker Subdivision { and the preliminary plat back in 2010. Both the open space and the lot count does comply with the approved preliminary plat as well. Council -- we did receive testimony from Mike Wardle in agreement with the conditions. However, there are some -- some minor tweaks that we want to propose to you this evening and have you act on as well. That first condition in the hearing outline I have prepared for you would be condition number four, bullet three. If I can go back here I just briefly want to explain what that's referencing. Currently there is -- as I mentioned to you Jayker Way is coming up here and stubbing to this property to the north and, then, West Sugar Hill -- Sugar Tree Hill Drive is stubbed here, so we have an intersection here. We do have a preliminary plat in process for this property here. We are trying to get both Brighton, the applicant, and this property owner communicating on how to best extend services and a roadway to this property. And that's really what the preface of each condition and changes are. So, basically, we want to insure that this becomes an intersection, a stub street, or at least the right of way is in place so that access is provided to this three acre parcel and that's referenced in number four. Number seven is, basically, putting up temporary construction fencing to make sure the debris stays within the confines of the plat. Staff is comfortable with that recommended change and, then, site specific condition number eight is -- also refers to how utilities and what's to happen with the subdivision improvement that's supposed to be extended to that property as well. Again, staff is amenable to these changes. In the hearing outline I have referenced the changes proposed by the applicant in underlined format. The adjacent property owner is here F also, if you have any questions for them, but, really, the intent here is really to get the two property owners together and just coordinating on that utility connection and street connections moving forward. Other than that staff is not aware of any other outstanding issues and at this time I'd stand for any questions you have. De Weerd: Thank you, Bill. Council, any questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: A couple of questions, Bill. On site specific condition number eight our typical requirement is that they must provide all of the services to and through. We had not usually left that up to some third-party agreement. Are we comfortable with that? Parsons: Madam Mayor, Members of the Council, I believe the applicant attached an exhibit with his response to the -- his response with the application showing what he and the property owner have agree to. Now, that isn't a formal agreement by any means. In the conditions of approval we still are requiring written documentation that they have worked out that agreement. In speaking with the applicant they still have to fine tune some of these agreements with ACRD as well. So, there is a lot of hands -- a lot of hands in the cookie jar, if you will, but anticipate -- you're absolutely right, it is the intention of us to extend that to and through. I will let the applicant maybe further Meridian City Council March 19, 2013 Page 21 of 32 explain on how they plan on working with the adjacent property owner for those extensions. Zaremba: Okay. Then one other question if I may, Madam Mayor. The subject of the right of way. I know there are some property owners nearby that are in heavy discussions with our parks department about a park in the area. This would be one of the accesses -- actually, through an intervening property to that, but we are intending that West Sugar Tree and North Jayker remain public roads. There is not any thought they will be other than a public road to ACHD's requirement? Parsons: Madam Mayor, Members of the Council, Councilman Zaremba, that is correct. It will be dedicated public roads. Zaremba: Okay. Thank you. De Weerd: Okay. Yeah. Mike. Would the applicant like to make comment? Wardle: Madam Mayor, Members of the Council, Mike Wardle, Brighton Corporation. 12601 West Explorer Drive. And I do acknowledge that I have an uncanny ability to meditate in public meetings, so -- De Weerd: Multi-tasking. Wardle: To be involved in the discussion, sometimes I meditate quite thoroughly, so -- my apologies for missing the opportunity. Zaremba: At least you don't snore while you meditate. Wardle: Madam Mayor, Councilmember Zaremba, I have actually learned some really good control techniques. But my question is did you receive a copy of this item? If not, let give you copies. This was an e-mail that I sent. This is the second one today and will explain why. De Weerd: Well -- and if you can get the Elmo out so people in the audience can see it. Wardle: Bill indicated that -- he was trying to get the two property owners involved and, quite frankly, we have been involved. We have been dealing with the question of how Spurwing Grove Five will develop and the Heron Ridge Estates will develop. It was just a question of not having our engineers get all of the interface elements concluded before the two applications were submitted. So, it's -- very good. The point of the proposed change in condition number eight specifically -- and we have no problem, by the way -- let me go back, first of all, to condition number four, third bullet. We will provide the right of way. It was always intended to do so. We had made representations to that effect that ACRD right of way would be provided to Mr. Ewing's property, the TICO One parcel to the north and east of this intersection. Again, it was a question of the engineers had not completed their integration of these two efforts at the Meridian City Council March 19, 2013 Page 22 of 32 time of application. With regard to condition number eight -- and we are dealing with where we draw a line for initial improvements and so in a meeting that we had this morning -- and Mr. Ewing is here and would probably -- hopefully would acknowledge that, that we drew the line as noted in the yellow, because we have an interesting property boundary where Jayker Way extends to the north and heads kind of northwesterly and Sugar Tree Drive extends somewhat northeasterly. So, we have this very unique acute angle on both of those legs and so rather than build a road skewed like that, we included that we would complete the improvements on our initial phase with Spurwing Grove Five, which will be done as quickly as we can get these plans approved with ACRD and the city. Heron Ridge is still in the preliminary plat stage. They go to PAZ this Thursday evening and, then, will come onto you to get preliminary plat approval and, then, subsequently it's my understanding that they will proceed with the development somewhat later in the year. But we want to get this first part done. What dawned on me after we drew those lines that it probably doesn't really make any difference anyway, because the extension of Jayker Way is under an agreement that was approved with the original Jayker project by the O'Neals and involving the TICO One properties. The Spurwing side is going to pay 69 percent of the improvements of that roadway extended all the way to the north to the Phyllis Canal. So, yes, we are drawing a line for basically construction of the moment. Right of way will be provided. Mr. Ewing's engineer is designing that roadway down to the Phyllis Canal and we will be paying 69 percent of the cost of that collector roadway as it goes north. That was an agreement made when the project was originally approved. So, this is simply construction staging. As Mr. Ewing extends that street there will certainly be determinations made -- I haven't communicated yet with ACRD, because we have not presented this plat to them for their approval, but their mechanism for either collecting the fund as part of the -- there is a technical term that they use -- I can't recall what it is, but, anyway, it will either be a contribution made initially or there will be an agreement that says that at the conclusion of construction that funding will occur. But ACHD's driving that car. So, I just hope I didn't confuse the issue too much, but I think that we actually have a solution that works for both parties. We will provide the northeasterly access of Sugar Tree, the right of way and part through the curb return they will pick it up and conclude it in that easterly piece, but Jayker Way continues on well off this map and, Bill, could you bring back the overall -- because it actually shows that extended -- the -- go back -- there you go. It's kind of an interesting piece of ground, but where that arrow is going there is a sliver of right of way -- it's not right of way, but it's ownership down to the Phyllis Canal. It's actually owned by the Lion Land, which is Mr. Anderson, part of the ownership that in conjunction with Brighton that picked up the project from the O'Neals. So, that's where that roadway will extend down to the Phyllis Canal and so to the canal we have monetary obligation. So, purely a staging question, Mr. Zaremba. No intent not go to and through. Zaremba: Thank you. Wardle: I would be happy to answer more questions and perhaps Mr. Ewing would like to respond as well. Meridian City Council March 19, 2013 Page 23 of 32 De Weerd: Okay. Any other questions for Mr. Wardle? Bird: I have none. Wardle: Thank you. Rountree: Thanks, Mike. De Weerd: Tuck. I wasn't going to ask John, he has his arms crossed. Ewing: Madam Mayor, Members of the Council, I concur with everything Mr. Wardle said. De Weerd: But first, Tuck, if you will state your name and address. Ewing: Oh. Tuck Ewing. 1500 EI Dorado, Boise. De Weerd: Thank you. Ewing: And, again, I concur with everything Mr. Wardle said. We did meet this morning and I think we are in agreement with haw that whole thing's going to come together. De Weerd: Very good. Any questions for Tuck? Bird: I have none. Rountree: No. Thanks, Tuck. De Weerd: Thank you. Parsons: Madam Mayor. Sorry. One other item to add to you. Currently the way the construction drawings were submitted for this subdivision some of these improvements that were presented to you this evening aren't shown on the plan, so the applicant will have to amend his construction drawings to reflect what was presented to you this evening as well. De Weerd: Thank you, Bill. Any other comments for Mr. Wardle? Okay. Okay. Council, if there is no further questions for our applicant, the Swings or staff -- Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 8-C, Spurwing Grove Subdivision, subject to the final plat being amended for the construction items discussed this evening. Meridian City Council March 19, 2013 Page 24 of 32 Bird: Second. De Weerd: I have a motion and a second to approve this item. Any discussion from Council? Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Ite a rtment Rers unity evel ant: Intr®uci n an iscu i n r se etas t the Internatinal ecani I, uilin , an esi ential e De Weerd: Now we will move to Department Reports and I will turn this over to Bruce F., not Bruce C. Freckleton: Thank you, Madam Mayor, Members of the Council. What we are bringing for you this evening is the culmination of almost four months of working through our proposal for how the City of Meridian should deal with natural draft appliances when they are installed inside conditioned space in homes. You know, this -- it's just a very important life safety issue that came to light and our awareness heightened because of the fatality that happened at Sage Crest and there has been a lot of effort put into this by our staff, by the staff at Division of Building Safety. We have got Jerry Peterson here tonight, he's the programs manager for the HVAC division over there at DBS and as you know we contacted DBS to provide our electrical and mechanical plan review and inspection services in the City of Meridian. So, Jerry's here this evening to provide kind of a subject matter expert if there is any questions that I can't handle. So, appreciate him being here. Excuse me. The important thing to note is that natural draft appliances being installed inside conditioned space and new construction is -- it's estimated that it happens less than one percent of the time and on the retrofit remodel installations that we deal with it's estimated that it's somewhere in the neighborhood of five to ten percent maybe. So, it's a very low number. But, you know, the hazards are very serious and we felt very strongly that we needed to try and jump out ahead of this issue. As I stated before, the state is also addressing these issues and is going to be carrying some proposals through the legislature to also address the issues similar to the way we are. We worked very closely with Jerry in putting our proposal together, because we wanted to make sure that it comported well with -- with what the state was doing, so that when -- when it becomes law statewide we are having to make changes. So, we are kind of blazing some trail here, but we feel it's an important effort to take. So, we just kind of wanted to give you an update tonight as to kind of the staff as to where we are at. You do have the first reading of the ordinance on tonight. This slide here shows the industry outreach that we have conducted over the last almost four months. We began talking Meridian City Council March 19, 2013 Page 25 of 32 with the BCA, builder, developer, and government affairs council at their meeting in December. We have met with them four times now and presented our proposals at each of those. We have taken a lot of comments. We have made -- we have made several adjustments to the proposal along the way. The list of the groups that you see there where there was the two mailings, those are the ones that are required by Idaho statute. We have engaged them twice. Statutorily we were only required to engage them once, but we felt that the changes that we have made to the ordinance since we first introduced it to you were significant enough that we wanted to make sure that we reached out to those groups again just to let them know where we landed on the subject. So, I also did an interview on Channel 7 and also on -- in the Idaho Statesman and following those we did have concerned citizens that contacted me via e-mail questions and so had some direct contact from citizens. Also I've had a meeting with a utility gas provider and also we held a meeting here at City Hall with fireplace installers to discuss the proposal as well. So, that's our outreach and, then, I will -- the amendments that we are proposing, the first one is adding a prohibition of natural draft appliances in new construction when they are installed in a conditioned space. What that means is, you know, you're installing them in a closet inside the home versus what we see 99 percent of the time and that is they are installed in the garage. You know, it's separate from the living environment. So, the first proposal -- or the first bullet you see there is just a prohibition for doing natural draft appliances inside the living space and this will affect all residential occupancies that are governed by the IRC and the IBC. The IBC is your multi-family, hotels, motels, assisted car facilities, those types of installations. That particular line item of our proposal really didn't get any pushback at all from industry. Everybody's -- everybody's in agreement. The second bullet is the one that received the most discussion and we have changed the greatest. Our original proposal back in December was to -- if -- if someone was doing a remodel on their home and had natural draft appliances inside their home, the original proposal was they would have to remove them or change them out to -- you know, they could change them out to electric or you could do what's called a combustion closet, which, essentially, removes the natural draft appliance from the conditioned space by creating an environment around it that seals it off from the conditioned space. That particular proposal -- like I said, it's one that we got the most pushback on. There could be a pretty significant cost to changing out the furnace and water heater. The original proposal required that any work requiring a permit that was done on the inside of the home -- in essence if somebody came in and wanted to do some electrical work in their home it would have triggered this and so we felt that it was -- it was reaching a little too far and so in our discussions with the industry professionals and others we have backed off. The current proposal now that's in the ordinance is that if there are natural draft appliances and you're doing work inside the home, we would like to see those appliances tested to make sure that they are drafting properly. If they are drafting properly, then, they don't pose a danger and everything is good. If they are tested and they do prove that they are not drafting properly and they are introducing levels of CO into the living environment, then, we have laid out several different ways that it can be addressed. They can be replaced. They can -- they could create the combustion closet. They can do make up air from the outside in. The main point, though, is we want to make sure that those systems are operating safety and that they are not posing Meridian City Council March 19, 2013 Page 26 of 32 a life safety hazard. The next two bullets involve detectors and alarms. The proposal F adds the requirement for installation of detector alarms in all residential occupancies that are governed by the IBC. Currently the International Residential Code requires the alarms and detectors. However, the residential use groups that are governed by the IBC, which, again, would be apartments, hotels, motels, assisted care facilities and that sort of thing, they do not have that requirement. So, we are adding it in. And, then, the last one there is adding a CO detector alarm requirements to all IRC and IBC residential occupancies where interior work is -- is being performed. So, again, it's a -- it's an early indicator of a potential problem and we feel that lives can be saved. So, that's -- that's where we have landed with our proposal. Hopefully you have had a chance to review it over the weekend and with that I will stand for any questions and -- if you have any questions of Jerry here, he's here, too. De Weerd: Thank you, Bruce. I appreciate your outreach. It looks like you really tried to identify all the stakeholders and appreciate all those efforts. Council, any questions? Bird: I have none. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Just to follow up with Bruce that the changes made you still feel confident about the safety aspects that we are putting into -- with these changes that people can be assured that there is a level of safety in using your appliances, that they have them inspected and if they find a problem and follow the procedure that you have required to be followed, that there is a good margin of safety with those -- using those appliances? Freckleton: Yes. Madam Mayor, President Hoaglun, Members of the Council, we -- we felt that by backing off to this level we do feel like it gives us the opportunity to go in and make sure that the systems are safe. One of the -- one of the fears that I had with the proposal before we made these changes was that we would push people underground, more or less. They would do work without permit and, you know, none of us want to see that happen. We want to make sure that we have the opportunity to -- to make sure that these systems are safe with DBS's efforts and them being on board doing the inspections for us, we feel very confident that where we have landed is a good -- a good alternative. Hoaglun: Thank you, Bruce. And, Madam Mayor, I wouldn't mind hearing from Jerry about these changes and your level of confidence if you wouldn't mind coming up and giving us your thoughts to that same question. Are we still making changes that keep people safe? Peterson: Madam Mayor, Council Members, I'm Jerry Peterson, 2876 Hampton in Boise. I'm the HVAC energy program manager for the Division of Building Safety.. I have worked very close with Bruce. These conversations are -- regarding the CO Meridian City Council March 19, 2013 Page 27 of 32 detectors and where we are trying to go are not -- they have been in the works for almost two years. So, I have talked about this -- I do trainings all over the state for HVAC contractors, architects, engineers trying to address this and bring it to the forefront. So, the -- what Meridian -- and I don't mean to get off topic, but what Meridian is attempting to do is going to take us a couple of years to do through the legislature and that's my concern is it's not going to happen quick enough and I don't want to be there trying to explain to somebody if we have another instance. So, what we are asking them to do is just to verify that the appliances are working. We don't want to force them into a replacement situation if they are working. It would take me an extended amount of time to go over all of the differing conditions, but the draft test that we are asking them to do considers -- takes lot of things into consideration and the appliances can work properly and safely in different environments, we just want to insure that those -- that those environments are there and if they are not what we can do to make them work. So, I'm very cognizant of the price and the cost of trying to do this. So, trying to strike a balance there. Hoaglun: So, what I'm hearing I just want to make sure that we are not -- by making these changes, requiring the test and, then, if there is a failed test they have to do certain things, we are not compromising anybody's safety in any way by making these changes, we are still making sure that people are going to be safe if they have that unit within their residence. Peterson: Yes, sir. Hoaglun: Great. Thank you, Jerry. Appreciate it. De Weerd: Mr. Rountree. Rountree: Madam Mayor. Two questions for Jerry or Bruce or both. You have had a number of outreach efforts, meetings, et cetera. I haven't heard a general overall impression that you have gotten from the responses from these folks. I mean one instance you said this particular item was something everybody pretty much agreed with and another instance there you got a lot of pushback. But overall are you hearing positive or the normal hesitancy or what's your sense of what you have heard with all of these contacts you have made? 1=reckleton: Madam Mayor, President Hoaglun, Members of Council, you know, when we first rolled out the first draft of this we -- it kind of freaked everybody out, because it was -- there wasn't anything like it out there. Meridian was kind of stepping out, because we feel that it is an important issue, but through the discussions that we had I think people -- especially with Jerry being at those meetings. Jerry's -- Jerry's respected highly for knowing what he's talking about and so you go to these meetings and when Jerry is there and Jerry's making comments, people listen and they respect his opinion. There wasn't really any argument that there is a danger and that there is -- that it is a serious issue that needs to be addressed. There has been discussion in the code councils about the issue, but the codes just aren't there yet. So, as we work Meridian City Council March 19, 2013 Page 28 of 32 through it, you know, some of the concerns that came out were, you know, the financial t impact that we would have on -- on the homeowners, you know, especially the retro remodels, those were the -- those were the comments that we got the most pushback on and -- but, you know, we talked through it. We realized that our first attempt at the language was maybe a little far reaching and, therefore, you know, we felt that we could compromise, but try to keep our levels of -- of effort there to make sure that we addressed the life safety concerns. So, really, it was -- it wasn't like there was just a line in the sand, it was a good dialogue that we had, you know, it was collaborative and I feel like we have landed on something that I think that -- that the industry is going to grasp. You know, there is always going to be people that aren't going to be happy, but I think that they saw our efforts are being collaborative and we are trying to solve a problem and not be too overly burdensome on the industry. Rountree: Thank you. And my next one is for Bill. If it is recognized by this change that we are dealing with an unsafe situation and we go in and have a permit requirement with some interior modification and there is an inspection and the equipment works, but 30 days later there is fatality and it's because of CO and because the equipment has failed in that 30 days or whatever period of time, are we, then, brought into that, because we knew it was unsafe to have the equipment there even though it was functioning properly and, then, it didn't function properly? Nary: Madam Mayor, members of the public, Councilman Member Rountree, I guess some of it's the terminology. I think -- I don't think we are talking about that this technology or the equipment itself is inherently unsafe. If it was inherently unsafe, then, we wouldn't allow it, the state wouldn't allow it. I mean no one would allow it. I think -- I think what -- what we are trying to do in this is create a safer environment for the construction. So, I don't believe we have a liability for creating either the ordinance or the inspection that comes from it or a potential failure in the product from either the manufacturing or the maintenance of it or something else. Rountree: Okay. Nary: So, that doesn't expose us to a greater risk. Rountree: Okay. Thank you. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I have probably a sideways question on this. I think this is great work and important to do. I understand the appliances and the type of appliances that are being identified, but how are ovens and stoves that use gas and clothes dryers that use gas different from this? And they still have acombustible --they have combustions going on there and I know my stove is gas that there is no vent other than the -- there is a vent -- Ican turn the fan on, but it's not really connected to the stove, it's free standing and so Meridian City Council March 19, 2013 Page 29 of 32 how are those appliances -- make me comfortable for excluding them from this list, please. Peterson: Madam Mayor and Chairman Zaremba, the -- carbon monoxide is an unburned gas, a byproduct of improper combustion. When you have an open flame on the stove or in the oven you have a complete burn unless there is something that impinges on that, which is typically a cold pan and so you have a very short duration of CO. The -- the failure with the draft system is different, because you have a lot more energy, a lot more potential there and so if the draft fails and the equipment fails, then, you have an incident similar to what's happened. There are allowed standards for gas ranges and ovens and the equipment is -- is manufactured and tested and listed to meet those requirements without a draft assembly. So, is there potential release in the house? Yes, but not at the level that an appliance, such as a water heater or furnace is capable of producing. Zaremba: Great. Thank you. De Weerd: Any other questions? Bird: I have none. De Weerd: Thank you. We appreciate you joining us tonight. Okay. Bruce, do you have anything further you would like to add? Freckleton: I don't. Not at this time. Thank you. De Weerd: Okay. Council, any further questions for staff? Bird: I have none. De Weerd: Okay. Well, this will make its way through this -- the process and so appreciate the conversation and, again, thank you for joining us tonight. De Weerd: Okay. Item B is the first reading of 13-1547. Madam Clerk. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 13-1547, an ordinance amending Meridian City Code Section 10-1-3 and 10-5-2, adding local amendments to the International Building Code, International Mechanical Code and Meridian City Council March 19, 2013 Page 30 of 32 International Residential Code, prohibiting natural draft systems in occupiable spaces in all residential occupancies. Requiring carbon monoxide alarms in new and existing dwellings, establishing requirements for carbon monoxide alarms 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? This is the first reading. It will be on following agendas for the second and third readings. So thank you. And, again, thank you, Bruce. It ~ riinancs De Weerd: Item 10-A is Ordinance 13-1548. Madam Clerk, will you read this by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 13-1548, an ordinance AZ 12-009, Villas At Lochsa Falls for annexation of a parcel of land located in the northeast one quarter of the southeast one quarter of Section 26, Township 4 North, Range 1 West, Boise meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories 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-8, Medium 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. De Weerd: You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? Seeing none -- what a cool picture is that. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve Ordinance No. 13-1548 with suspension of rules. Rountree: Second. Meridian City Council March 19, 2013 Page 31 of 32 De Weerd: I have motion and a second to approve Item 10-A. Madam Clerk, will you, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Ite 11: xeutiv essi n er I t to a (1)(f): T n i er an vi a It Le al a resentative in en in Liti atin Int x utive essi®n De Weerd: Item 11 is -- was added to our agenda. It's an Executive Session. Do have a motion to adjourn into -- Bird: Madam Mayor? De Weerd: Yes. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(f). Rountree: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: (3:30 p.m. to 9:11 p.m.) Bird: Motion to come out of Executive Session. Hoaglun: Second. De Weerd: Motion and a second to come out of Executive Session. All those in favor say aye. MOTION CARRIED: ALL AYES. Item 1 e uture eating 1°®pics Meridian City Council March 19, 2013 Page 32 of 32 Rountree: Move to adjourn. Hoaglun: Second. De Weerd: Motion and a second to adjourn. All in favor? MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 9:12 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR TAMi~IY DE WEERD DATE APPROVED ~. Changes to Agenda: Item 8A: Kingsbridge (FP-13-007) Application(s): Final Plat Location of Property: This site is located east of S. Eagle Road, midway between E. Victory Road and E. Amity Road. Summary of Request: The proposed final plat consists of 36 SFR (detached) building lots & 3 common/other lots on approximately 19.51 acres of land. This is the final phase proposed for the Kingsbridge Subdivision. The gross density is 1.8 d.u./acre. The average lot size with phase of development is 15,277 square feet. All of the proposed lots comply with the dimensional standards for the R-4 district. The total open space for the overall Kingsbridge Subdivision is 12.2% which exceeds the minimum open space requirements of the UDC. Site amenities consist of a picnic shelter with table, playground equipment, and benches. The proposed final plat is in substantial compliance with the approved preliminary plat. Written Testimony: Matt Schultz, in agreement with the conditions of approval in the staff report. Outstanding Issues for Council: None Notes: Item 8: Villas at Lochsa Falls Subdivision (FP-13-009) Application(s): Final Plat Location of Property: This site is located on the west side of N. Linder Road, midway between Chinden Boulevard and W. McMillan Road. Summary of Request: The proposed final plat consists of 2 SFR (detached) building lots & 2 common/other lots on approximately 0.61 acres of land. This is the first final plat proposed for the Villas at Lochsa Falls Subdivision approved by City Council on November 20, 2012. The property is zoned R-8 (Medium-density Residential District). The two (2) existing homes are part of this phase and require connection to City Services. Open space is minimal with this phase and consists of the reduced street buffers adjacent to Linder Road approved with alternative compliance. The proposed open space totals 1,173 square feet which is approximately 2.6% of the total open space approved with the preliminary plat. The open space is consistent with the overall project open space requirements of 7.37%. The proposed final plat is in substantial compliance with the approved preliminary plat. Written Testimony: Ross Erikson, Applicant's Representative (in agreement w/staff report) ®utstanding Issues for Council: None Notes: Item 8C: Spurwing Grove Subdivision No. 5 (FP®13-010) Application(s): - Final Plat Location of Property: This site is located north of Chinden Boulevard, approximately %2 a mile east of N. Black Cat Road. Summary of Request: The proposed final plat consists of 16 SFR (detached) building lots & 4 common/other lots on approximately 6.47 acres of land. The gross density of the proposed subdivision is 2.47 dwelling units (d.u.) per acre. All of the lots proposed for this phase of development are for single-family detached homes and comply with the dimensional standards of the R-8 zoning district. The open space proposed with the plat includes amicro-path lot, collector street buffers and 8-foot and 6-foot wide parkways adjacent to the local streets. The open space is consistent with the overall project open space requirements approved with the preliminary plat. The proposed final plat is in substantial compliance with the approved preliminary plat. Written Testimony: Mike Wardle, Applicant's Representative (in agreement w/staff report) The applicant is requesting several modifications to specific conditions of approval as follows: Applicant's requested changes are in underline format below Site Specific Condition #4, bullet 3 -The applicant shall provide the right-of-way for the extension of W. Sugar Tree Drive through Lot 1, Block 9 (east boundary of N. Jayker Way) to the Teco One property (Parcel #S0422427960). Site Specific Condition #7 -All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. Temporary construction fencing to contain debris shall be installed at the north subdivision boundary prior to release of building permits for this subdivision. Site Specific Condition #8 -Applicant shall be responsible to construct all required development improvements to the subdivision boundary within N. Jaker Way, including but not limited to; sanitary sewer, water, pressurized irrigation, sidewalks and paved roadway or as agreed with the adjacent property owner benefitting from those improvements. Staff is amenable to the requested changes to the conditions of approval as requested by the applicant. ®utstanding Issues for Council: None Notes: f % :March 19, 2013 I DATE: I E-MSTAFF TO I AGENCOY I APPLICANT I NOTES I INITIALS I ®March 19, 2013 L K FF~C FAN L cr~N DATE: (E-MSTAFF TO I AGENCY I APPLICANT I NOTES I INITIALS ~' % DATE: I E-MSTAFD TO I AGENCY ( APPLICANT I NOTES I INITIALS March 19, 2013 I : -~,\ ;, ., . ,, ;~. ~~, ~ _~, ___ - _- ` ' ` ~ ~ ~~ ~ l Mayor Tammy de Weerd i i a rf: Keith Bird Brad Hoaglun Charles Rountree David Zaremba - __,__- - TO: Mayor Tammy de Weerd Members of the City Council FROM: John Boyd Engineering Technician II DATE: 3/14/2013 SUBJECT: 2"d ADDENDUM TOT E 2009 LICENSE AG EENT WIT NAPA E DIAN I GATIO DIST CT TO CROSS THE VAUGN LATERAL IN ONE LOCATION SOUT OFF IN O WITH WATER, CLAIMED WATER AND A TRUNK SEWER LINE IN CONJUNCTION WITH THE ACRD F I ROAD PROJECT. I. RECOMMENDED ACTION A. Move to: 1. Approve the 2ND Addendum to the 2009 License Agreement with Nampa & Meridian Irrigation District to allow installation of a 12" Water, 12" Reclaimed Water and a 12" Trunk Sewer line that crosses the Vaughn Lateral in one location South of Franl~lin Road that will be installed in conjunction with the ACRD Franklin Road Project. 2. Authorize the Mayor to sign the agreement. II. DEPARTMENT CONTACT PERSONS Tom Barry, Director of Public Works Warren Stewart, PW Engineering Manager Clint Dolsby, Asst. City Engineer John Boyd, Engineering Technician II (Project Manager) 489-0372 489-0350 489-0341 489-0364 Page 1 of 2 III. ESC TIO A. Back ound 1. Any time our facilities cross an irrigation district canal or pipe, we must have permission from the appropriate district. This License Agreement complies with that requirement. IV. IMPACT A. Strate ig c Impact: 1. There is no Strategic Impact from this action. B. Service/Delivery Impact: 1. Without approval of this License Agreement the installation of the abovementioned utility lines cannot take place. This would leave properties south of Franklin Road without the availability of these services. C. FiscalImpact: 1. The License Agreement requires a fee be paid to the Nampa and Meridian Irrigation District Attorney of $210.00 which includes recording fees. V. ALTE ATIVS A. Not Applicable VI. TIME COST INTS A. Not Applicable VII. LIST OF ATTACHMENTS A. Nampa & Meridian Irrigation District License Agreement Approved for Council nda: /' `f ~ John McCormick -Public Works -Deputy Director Date Page 2 of 2 i i i :March 19, 2013 DATE: I E_MSTAFF TO I AG NCOY I APPL CANT I NOTES I INITIALS ADA COUNTY RECORDER Christopher D. flich AMOUNT .00 ~ BOISE IDAHO 03120113 10:41 AM DEPUTY lisaBefl (III'II'I~I'I~~~~~I'I~II~~~~~~~I~~~~ RECORDED-flEUUEST OF 113030016 Meridian Ciry VELI' E1~1T A ENT PARTIES: 1. City of Meridian 2. Arete Investment Group, LLC, Owners/Developers THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 1 ~ day of ~~r~ 2013, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, and Arete Investment Group, LLC whose address is 2048 West Astonte Street, Meridian, Idaho, 83646 hereinafter called OWNERS/DEVELOPERS. l . CITALS: 1.1 + AS, .Owners/Developers are the sole owners, in law and/or equity, of certain. tract of land in the County of Ada, State of Idaho, ~ described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred. to as the Property; 1.2 WHEREAS, Idaho Code § 67-6511 A provides that cities may, by ordinance, require or permit as a condition of re-zoning that the Owners Developers made a written commitment concerning the use or development of the subject Property; and 1.3 WISE _ AS, City has exercised its statutory authority by the enactment of Ordinance 11-5B-3, which authorizes development agreements upon t11e annexation and/or xe-zoning of land; and 1.4 E S, Owners/Developers have submitted an application for annexation and re-zoning of the Property described in Exhibit A,-and has requested a designation of R-8 (Medium Density Residential .District), (Municipal Code of the City of Meridian); and L5 V6jE AS, Owners/Developers made representations at the public heal ings bath before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and 1.6 '~VEIaEA,, record of the proceedings for the requested annexation and zoning designation of the subject Property held before the Planning & DEVELOPMENT AGREEMENT -VILLAS AT LOCHSA FALLS (AZ 12-009) PAGE 1 OF 9 Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WIIEREAS, City Council, the 20th day of November, 2012, has approved Findings of Fact and Conclusions of Law, set fo~~th in Exhibit "B", which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the Findings); and 1.8 WIIEREAS, the Findings require the Owners/ Developers to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 ®WNER.IDEVEL®PER deem it to be in their best interest to be able to enter into this Agreement and acl~nowledges that this Agreement ,was entered into voluntarily and at his urging and. requests; and 1.10 WHEREAS, City requires the Owners/Developers to enter into a development agreement for the put~ose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re-zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian on April 19, 2011, Resolution No. 11-784, and the Zoning and Development Ordinances codified in Meridian Unified Development Code, Title 11. NOW, TIIEREF®RE, in consideration of the covenants and conditions set fot~th herein, the pai-ties agree as follows; 2. INC®RP®RATI®N ®F RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITI®NS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and intet~reted 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 paY~ty 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 83 642. DEVELOPMENT AGREEMENT - VILLAS AT LOCHSA FALLS (A.Z 12-009) PAGE 2 OF 9 3.2 O'~VNERS/]DEVELOPERS: means and refers Arete Investment Group, LLC, whose address is 2048 West Astonte Street, Meridian, Idaho 83646, the panty that is developing said Property and shall include any subsequent owner and/or developer(s) of the Property. 3.3 PROPERTY: means and refers to that ceY~tain parcels} of Property located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be re-zoned R-8 (Medium Density Residential District) attached hereto and by this reference incorporated herein as if set forth at length. 4. ~[TSES PERMITTED BY TI~[IS A.GREEIVIENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GO'~ERNING DEVELOPIVIENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Prope~~ty in accordance with the following special conditions; a. The Owner/Developer shall comply with the submitted elevations attached as Exhibit C. b. Within 18 months of the date of the annexation ordinance approval by City Council, the Owner/Developer is required to hook up the existing homes on Lot 16 and Lot 25, Bloch 1 to City water and sewer service, per MCC 9-1-4A. c. The existing residential homes on proposed Lot 16 and Lot 25, Block 1 located within the first development phase are classified as non-conforming structures because they do not comply with the street setback of the r-8 zoning district. As such these structures may continue subject to the provisions listed in UDC 11- 1B-5, Nonconforming Structure. d. The Owner/Developer shall obtain approval from ACRD and City Council on the proposed access point to Linder Road. If the access point is approved, the three (3) proposed lots shall take access from the common driveway as proposed. 6, COIVIPLI.A.NCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon an uncured material default of the Owners and/or Developers or Owners/Developers' heirs, successors, assigns, to comply with Section S entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the date this DEVELOPMENT AGREEMENT -VILLAS AT LOCHSA FALLS (AZ 12-009} PAGE 3 OF 9 Agreement is effective, and after the City has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. 7. 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 Owners /Developers' default of this Agreement, Owners/ Developers shall have thirty (3 0) 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. In the event of default by Owners /Developers that is not cured after notice as described in Section 7.2, Owners/Developers 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. Owners/Developers reserve 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 Owners/Developers, or by any successor or successors in title or by the assigns of the pa~•ties 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. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owners /Developers or City is delayed for causes that are beyond the reasonable control of the party responsible for such perfol~nance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such perfo~•rnance shall be extended by the amount of time of such delay. 7.5 V~aivez•. A waiver by City of any default by Owners/Developers 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 DEVELOPMENT AGREEMENT -VILLAS AT LOCHSA FALLS (AZ 12-009) PAGE 4 OF 9 remedies of City nor apply to any subsequent default of any such or other covenants and conditions, 8. INSPECTION: Owners/Developers shall, immediately upon completion of any poz•tion 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. DEFAULT: 9.1 In the event Owners/Developers, or Owners/Developers' heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be terminated by the City upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by City of any default by Owners/Developers of any one or more of the covenants or conditions hereof shall apply solely to the J breach and breaches waived and shall not bar any other rights or remedies of City or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owners/Developers' cost, and submit proof of such recording to Owners /Developers, prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Co~,mcil. 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. 11, ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either City or Owners /Developers, 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, 12.1 Subject to Sections 6 and 7 of this Agreement, in the event of an uncured material breach of this Agreement, the parties agree that City and Owners/Developers shall have thirty (3 0) days after delivery of notice of DEVELOPMENT AGREEMENT -VILLAS AT LOCHSA FALLS (AZ 12-009) PAGE 5 OF 9 said breach to coz~tect the same prior to the non~breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be reasonably necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either Owners/Developers or City are delayed for causes which are beyond the reasonable control of the party responsible for such perfot~nance, 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. 13. SURE"T"Y ®F PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, ce~~tified check or negotiable bonds, as allowed under Meridian City Code § 11 ~5-C, to insure that installation of the improvements, which the Owner/Developer agrees to provide, if required by the City. 14. CERTIFICATE ®F ®CCITPANCY: The Owners/ Developers agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the City and Owners/ Developers have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. I5. ABIDE BY A.LL CITY ®RI)IN.~,.NCES: That Owners/Developers agree. to abide by all ordinances of the City of Meridian and the Property shall be subject to de- annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the pa~~ties 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: CITY: OWNER/DEVELOPER City Clerk Arete Investment Group, LLC City of Meridian 215-1-~: Teano~Drve- rv '~-~~ ~~~ ~ ~~~~~~`~~~ ~ ~ ~y 33 E. Broadway Ave. Meridian, ID 83646 Meridian, ID 83642 DEVELOPMENT AGREEMENT -VILLAS AT LOCHSA FALLS (AZ 12-009) PAGE 6 OF 9 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 16.1 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. 17. ATTO EV 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. 18. TIME IS Off' TIIE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every teen., condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. 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 co~~orate authorities and their successors in office. This Agreement shall be binding on the Owners/Developers of the Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owners/Developers, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owners/Developers have fully performed their obligations under this Agreement. 20. 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. 21. I+'INAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owners/Developers and City relative to the subject matter hereof, and there are no promises, agreements, Cond1t1o11S or understanding, either oral or written, express or implied, between Owners/ Developers 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 DEVELOPMENT AGREEMENT - VILLAS AT LOCHSA FALLS (AZ 12-009) PAGE 7 of 9 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 ~. zoning designation and/or amendment in force at the time of the proposed. amendment. 22. EFFECTIVE A,.T F A E ITT: 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. ~ E IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. A TE II~VE~T ENT GUP, LC ~_ ~..~„l ~ ~ ,. ~~ k :..x.«. __. DEVELOPMENT AGREEMENT -VILLAS AT LOCHSA FALLS (AZ l 2-009) PAGE 8 OF 9 STATE OF IDAHO, ) ss County of Ada ) t~ On this I~ day of ~..~t ~~~~-,,_ , 2013, before n1e, the dersigned, a Notary Public in and far said State, personally appeared ~ known or identified to me to be the person who executed the agreement on behalf of Arete Investment Group, LLC, and acknowledged to me that he executed the same on behalf of said limited liability corporation. IN WITNESS WHEREOF, I have hereunto set my hand and aff xed my official seal the day and year in this certificate first above written. ~ A n a ,-- ----__._ ary Public f Idaho Residing at: ~~~~~~~{}ctn ( ~ My Commission Expires:.,,- `a ~~ ~ , Z ~( L.l STATE OF IDAHO ) ss County of Ada ) On this_ ~ ~ day of _ ~ , 2013, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, l{now or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who 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. G - (SEAL) ~ ~ ~ ~ ~~~~ ~ No ry Public fo Idaho 4 ~ Residing at: ~~~~~~dt c~h ~ (~ ff B Commission expires: -~a~ ~ ~ ~:c>(~~ e ,i r. DEVELOPMENT AGREEMENT -VILLAS AT LOCHSA FALLS (AZ 12-009) PAGE 9 OF 9 Exhibit A -Legal Description L~~I ~~~~~i,~tc~i~ d~, ~~r~~~1 (~f~~ in (~~ r~ ~f' ~~ ~~. ~~~ ~t ~~~t1 ~, fi~t~t~~~(p ~+ ~~~~, ~~~~~ 'I ~~t, I~~r~ ~f~r`td~t~F ~ ~~~t~tt~;. ~d~;a; at~~! ~~$ ~(~~1~~~ ~~~~~-i~~~ ~~ f~l(~r~~ ~+~~t~i~?~~(:~~ of ~ JH ir~~~ ~i~~~et~r if~~ ~l~ ~~~k t~ n~i ~cer ~# #~~ ~~ '~ f~ ~~eti~r~ ~~r (r~~ ~~~~~~ ~ ~~~~~ ~ ~r~~~~i~~~t ~~~n~ t~i~ ~~~{13~~~t ~~dr~~~ ~l~ ~~ ~ ~ ~ Ttr~~~ ~ ~'`~" ~lor~ #~~ ~~~t~~{~ ~~4?~~~~~ ~f ~ ~ ~ ~iat~~~ ~~ ~~~f~,~~ t~~t- f~ fhb P'i~lCd~" ~F ~~~I~fiNt~tt+~~ ~~~~r~ c~r~drri~~~~ ~ ~,Y~'~~" ~P~ng ~.~r~,~ ~~~t~-~~,~ 6~Ur~ ~ ~I~~n of ~~~_~~ find f:~ J--=~f Ili Tien ~~~~~ s~r~d ~~~#~,~Ej,+ t~~~~:r~' I~ ~~ff~~''c~' "~,~ ~~~i~ the ~~tth~Fly~ ~~~~'~~ ~f ~~~~~~ ~~Il~ ~L€~~isl~~ ~~r ~ ~~ ~ti~ekit'! r~ ~~ ~~ ~fi i~t~te ~7~ ~~ ~~~~~.r r~~~~ ~t ~~~ v~.in,~~. ~~~~~ ~ ~r~f~~ ~~ ~_~~,~~ het ~~ ~ ~~~ ran ~~r~~~r lr~~ ~i~; Ti~~r~~~ I~.~~+(n,~ ~~i~ n~~rtt~~~r~ ~~~r~d,~ ~ ~g~~°~~ ~. ~Ii~ t~~ ~~~~~ ~©~-r~d~t~ ~fi ~~f~f ~~~li ~'~I[~ ~;r~rv~i~t~ !"~~, ~ ~~d tfi~~ ~sf~~d~~ ~~$~~ ~f ~~~f~~ F~r1~ ct~#'t~~a~r~ ~~a~ 'i ~~ d~ l~ ~ ~~ kn da~r€t~ ir~r~ ~1~; ~r7~~~ r~~~,~i~~i ~~id ~~~t~el~ #~il~t~~i~r $~"~~`'~8~ ~ ~[~i tt ~~erkh~rf,~ ~~~ry tad ~ei~i ~~~(~~-~ F~I~ ~i~~~~i~ ~~ f ~ ~I~i~r~ ~f ~~f~1 t'~~t i~~ t ~~h~T ~~' 8~~~lh~i ~ii~~ ~i~r'~~r ~~tifrt~ ~,~~ ~~P~~.. ~13~itc~e~ ~~': ~~ri~~rt~ I`~'~~ [end ~.~14.r~~r~s, ~ ~iw~~ ~ ~ ' ~~ _ ~ ~ ~I~~~ ~y~~tf~~~,~ ~~F~~t~ ~~1~~~ ~~p~.~ L~, ~~ ~ ~ ~,~~`'~I~i~~ -r~t~~a ~v,E~r~t~h ~~f~ f~~ i~=~~~ Villas afi Lochsa Falls CITY OF MERIDIAI®I FINDINGS OF FACT, CONCLUSIONS OF LAV6~ AND DECISION & ORDER ~E RIDIAN~-- IDAHO In the IVlatter of Annexation of 5.67 Acres from RUT in Ada County to R-~ honing District and Preliminary Plat Consisting of 31 Residential Lots and 5 Common Lots on 4.95 Acres for Villas @ Lochsa Falls, Located on the West Side of N. Linder Road midway between Chinden llonlevard. and W. Mc1Vlillan Road, by Arete Investments. Case No(s). A~-12-009, PP-12-008 and ALT-12-006 For the City Council Nearing Date of: November 7, 2012 (Findings on November 20, 2012) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of November 7, 2012, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of November 7, 2~ 12, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of November 7, 2012, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of November 7, 2012, 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 11 Meridian City Code, and all current zoning maps thereof. T'he City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted Apri119, 2011, Resolution No. 11--784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND. DECISION & ORDER CASE NO(S), AZ-I2-009, PP-12-008 & ALT-12-006 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. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of November 7, 2012, 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 Qrder 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, preliminary plat and alternative compliance is hereby approved per the conditions of approval in the attached Staff Report for the hearing date of November 7, 2012, attached as Exhibit A, D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two {2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, maybe considered for final approval without resubmission fox preliminary plat approval {UDC I 1-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with I 1-6B-7.A, the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council maybe granted. With alI extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Tide 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B-7C). 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 (bTDC 11-5B-3D). A modification to the development agreement maybe 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-SB-3F). CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-12-009, PP-12-008 & ALT-12-00& -2- E. Notice of Final Action and Right to Regulatory 'T'akings Analysis 1. The Applicant is hereby noti$ed 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 (2$) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please tape n®tice 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 maybe 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 far the hearing date of November 7, 2012 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-12-009, PP-12-008 & ALT-12-00~ .. 3 .. By action of the City Council at its regular meeting held on the ~ day of 2012, COUNCIL PRESIDENT BRAD HOAGLUN VOTED COUNCIL VICE PRESIDENT CHARLIE ROUNTREE VOTED COUNCIL MEMBER DAVID ZAREMBA VOTED ~- COUNCIL MEMBER KEITH BIRD VOTED r MAYOR T~~VIMY de WEERD VOTED ~r~~'^` (TIE BREAKER) Ta de Weerd Attest: 044O4~TED AtJG+G~r.T ~G ~90~ Dated: ~l p_ '1~C' 1"l~ _~~ °~ f ~ aC~ ~ ~- CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-12-009, PP-12-008 & ALT-12-006 _q._ EXHIBIT A STAFF REPORT Hearing Date: TO: FROM: November 7, 2012 Mayor and City Council Bill Parsons, Associate City Planner 208-$84-5533 ~E1~IDIAN SUBJECT: AZ-12-009, PP-12-008 and ALT-12-006 -Villas @ Lochsa Falls I. SUMMARY DESC TION OI' APPLICANT'S REQYJ'EST The applicant, Arete Investment Group, LLC has applied foi• annexation and zoning (AZ) of 5.67 acres of land with an R-8 zoning district and a preliminary plat (PP) for (31)single-family residential lots and 5 common area lots on 4.95 acres of land in an R--8 zoning district for Villas @ Lochsa Falls Subdivision. Alternative compliance is also requested to reduce the portion of the required landscape buffer along Linder Road from 25 feet to 10 feet to incorporate the existing homes into the design of the proposed development. See Section IX of the staff report for move information. II. STJMMARY REC®MMENDATI~N Staff recommends approval of the proposed AZ, PP and ALT applications in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The_eridian Planning ~ Zoning Commission heard these items on October 42012. At the public hearing, the Commission voted to recommend approval of the subject AZ and PP re uq eats. a, Summar~Commission Public Hearing: i. In favor: Ross Eril~son and Jerem Telford ii. In opposition: None iii. Commenting: None iv. 'Written testimony: None v. Staff presenting appXication: Bill Parsons vi. ®ther staff commenting on application: Noise b. Ivey Issue(s) of Discussion by Commission: i. None c. Ivey Commission Change(s) to Staff Recommendation: i. The Commission strucl~ conditions 1.2.4 and 1.3.9. ii. The Commission amended DA provision B to allow the existin„~,.,homes to connect to city services within 18 months of annexation approval. d. ®utstanding Issue(s) for City Council: i. The applicant is seeking a waiver for access to Linder Road. ACHD staff is recommending approval of the access to their Commission. the Meridian City Council heard these items nn Nnvemher 7.2012. At the public hearing.,.,. the Council approved the subject Z and PP request. ,a„ urnmarv of City Council Public Hearinu: ~L_. In favor; er-my elford In opposition: None 1iu~ Commentin~•• None Villas @ Lochsa Falls AZ-12-009; PP-012-008; ALT-12-006 PAGE 1 EXI~IBIT A ~ Written testimony, oss Friltson in agreement with the Commi~sio ~ecornmen~ bons to Council .~ . y4. resen ~_a~.nlication: dill Parsons Yi. Other staff commenting on.annlication: 1VI~~;~m~,~ .12, fey Issues of Discussion by ouncil: ,~ ,(access to Linder Road and restrictions to the access in the future. ,~,~ I~ev Council ~~anges to Staff/Commission Recommendation i~ Council annroved the street name change fro N. Cougar Flat Place to N. Landon .. - III. PROPOSED 1VIOTIO1oT Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-12- 009 and PP-12-008, as presented in the staff report for the hearing date of November 7, 2012, with the following modifications: (Add any proposed modifications), Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-12-009 and PP-12-008, as presented during the hearing on November 7, 2012, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Numbers AZ-12-009 and PP-12-008 to the hearing date of {insert continued hearing date here).for the following reasonO: (You should state specific reason(s) for continuance.) IY. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located on the west side of N. Linder Road midway between W. Chinden Boulevard & W. McMillan Road, in Section 26, Township 4 North, Range 1 'west. {Parcel #'s: 50426417201 & 50426417225) B. Owner(s): Arete Investment Group, LLC ~1~1 :.T~ano~r~v~ ~~ a~ ~~ . ~- ~~~' '. Me~•idian, Idaho 83646 C, Applicant: Same as owner D. Representative: Ross Erickson, Erickson Civil, Inc. 12601 'VV. Explorer Dxive, Ste. 200 Boise, Idaho 83713 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for annexation and preliminary plat. 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. Villas @ Lochsa Falls AZ-12-009; PP-012-008; ALT 12-006 PAGE 2 EXHIBIT A B. Newspaper notifications published on: September 1~, and October 1, 2012 C. Notices mailed to subject property owners on: September 27, 2012 D. Applicant posted notice on site(s) on: September 23, 2012 vI. LAND USE A. Existing Land Use(s) and zoning: Each parcel is developed with a single family detached home which will be part of the proposed subdivision. Both parcels are zoned RUT in Ada County, B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Lochsa Falls Subdivision; zoned R-4 2. West: Lochsa Falls Subdivision; zoned R-4 3. South: Lochsa Fa11s Subdivision; zoned R 4 4. East: Rocky Mountain High School; zoned R-8 C. History of Pxevious Actions: In 2008, the Council approved the following applications for one of the parcels requesting annexation and platting: 1. Annexation of 3 acres from RUT to the R-15 zone; 2. Preliminary Plat consisting of 1 residential lot and 1 common lot and; 3. Conditional use permit for 21 multi-family dwelling units. As a condition of approval, the previous developer was to enter into a development agreement to finalize the zoning of the property. Because the DA was never signed and the property never officially annexed into the City, the previous approvals have expired. D. Utilities: 1. Public 'V~lorks: a. Location of sewer: W Cedar Grove St. b. Location of water: W Cedar Grove St and two connections to N Linder Road. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: NA 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: NA VII. C®MPRIEIlCENSIVJE PLAN P®LICIES ANTI GOALS This property is designated "Medium Density Residential" (MDR) on the Comprehensive Plan Future Land Use Map (PLUM). The MDR designation allows smaller lots for residential purposes within City limits. Uses may include single-family homes at densities of 3 to 8 dwelling units per acre. The proposed project includes 31 residential lots units on 4.95 acres for a grass density of 6.26 dwelling units/acre and thus consistent with the anticipated density of the Comprehensive Plan far this area. 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 ital'ics): ® Pl•ovide housing options close to employment and shopping centers. (Chapter 3, pg. 54) Villas @Lochsa Falls AZ-12-009; PP-012-008; ALT-12-006 PAGE 3 EXHIBIT A The proposed residential development will provide housing opportunities in close proximity to the new .Fred Meyer shopping center at Chinden & Linder. Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc. Street buffer landscaping is regcired adjacent to the arterial street (Linder) proposed within this development in accord'with the standards listed in UDC 11-313-7C. However, the applicant is requesting alternative compliance to reduce a portion of the landscape buffer adjacent to Linder Road to incorporate the existing residences as part of the design. The UDC allows a reduction in the landscape buffer up to 1 D°o of the lot depth f existing structures prohibit conformance with the required landscape buffer, The director is the decision maker on the alternative compliance application. The subject site has existing 6 foot cedar fencing along the southern, western and northern boundaries. The applicant is proposing to construct 6 foot solid fencing along the eastern boundary. Fencing shall comply with the standards listed in UDC 11-3A-7. Prior to any building permits the proposed fencing and temporary fencing must be installed to contain debris. Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow (Chapter3, pg, 4~) The residential subdivision to the west has provided a stub street that provides vehicular connectivity. The applicant will be constructing an internal street network to provide access to the majority of the proposed lots. The applicant is requesting an access point to Linder Road (an arterial) to provide access to the two existing homes and one future home via a cor~cmon driveway. The proposed access to Linder Road is predicated on the applicant obtaining approval from ACHD and City Council. Require common areas for all subdivisions (Chapter 3, pg. 54) The applicant is required to provide a landscape buffer adjacent to Linder Road in accord with UDC 11-3B-7C.1Vo other open space is required by.the UDC because the plat is less than S acres in size. To complement the existing subdivision to the west, the applicant is proposing to construct 4 foot detached sidewalks and provide S foot wide parkways, .~4dditionally, the applicant is proposing a 3, OSS square foot common lotto complement the entryway into the subdivision from W. Cedar Grove Street. Protect existing residential properties from incompatible land use development on adjacent parcels (Chapter 3, pg. 52}. The subject property is surrounded by single fancily homes developed with the Lochsa Falls Subdivision, zoned R-4.Although the lot sizes and density is slightly higher than the surrounding Lochsa Falls development, the proposed subdivision complies with the density requirements established with the MDR designation and the proposed R-8 zoning . designation. Further, all homes constructed within the subdivision will be single family detached homes. ® Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City. (Chapter 3, pg. 45) City services will be extended with the development of the site. The existing homes will be required to connect to City services. Villas @Lochsa Falls AZ~12-009; PP-012-008; AL,T-12-006 PAGE 4 EXHIBIT A ® Reduce the number of existing access points onto arterial streets by using methods such as cross access agreements, access management, and frontage/baclcage roads. {Chapter 3, pg. 47) Currently the property has three access points to Linder Road. The applicant is requesting to retain one access point to Linder Road. The access is needed to accommodate the existing homes within the plat design, To facilitate access, the applicant is proposing a common driveway that parallels the roadway to aid in the safe movement of vehicles entering Linder Road. ,~CHD supports the applicant's request. The applicant is seeking Council waiver for the proposed access point. After considering all of these factors staff believes that the proposed development is generally consistent with comprehensive plan. VITT. VIVIFIED DEVELO-P1VIE101T C®DE (UDC) A. Purpose 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. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R 8 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the property for single-family detached dwellings is a principally permitted use in the R-8 zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed in UDC Table 11-2A-6 for the R-8 zoning district. E. Off-Street Parking; Off-street parking is required in accord with UDC Table 1.1. w3 C-6 for single- family dwellings. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: Annexation ~i Zoning The applicant has applied to annex and zone 5,67 acres (two parcels) of land with an R-8 zoning district. As discussed above in Section VII, the proposed zoning is consistent with the FLUM designation of MDR. Preliminary Plat The applicant is requesting preliminary plat approval of 31 residential lots and 5common lots on 4.95 acres of land. Average lot size is 5,321 square feet, The gross density far the proposed plat is 6.26 units to the acre. Dimensional Standards: Staff has reviewed the proposed plat for compliance with the dimensional standards listed in UDC Table 11-2A.6 for the R-8 district. A majority of the lots with take access from a common driveway or a shared driveway. The use of shared driveways and common driveways allows a minimum frontage of 40 feet and a minimum lot size of 4,000 square feet, All of the lot sizes comply with the dimensional standards except for Lot 36, Block 1. The UDC requires all corner properties to have a minimum lot size of 5,000 square feet. The applicant must increase the lot size to comply with the R 8 dimensional standards. Villas @ Lochsa Falls AZ-12-009; PP-OI2-008; ALT-12-006 PAGE 5 EXHIBIT A Access: W. Cedar Grove Street is stubbed at the western boundary and will be extended with the plat as well as the construction of a new public street (N. Cougar Flat Place). Majority of the proposed lots will take access from the new street. Keeping the existing homes as part of the project has necessitated the~need to maintain an access to Linder Road. The applicant is requesting Council to allow one driveway from Linder Road to serve as access for the two existing homes and one additional lot being platted. The existing homes already take access from Linder Road thus, the proposal reduces two out of the three accesses. The three residential lots will have the use of a common driveway to ensure vehicles are not backing out on Linder Road. ACRD has informed staff they are recommending a waiver to their commission on the proposed access. The tTDC requires the City Council grant a waiver for the access to Linder Road. Phasing Plan: The applicant is proposing to develop the subdivision in three phases. The first phase includes the three lots that front on Linder Road. The existing homes on Lot 16 and Lot 25, Bloelc 1 are paa~t of this phase and are required to connect to City Services within 60 days of the date of the annexation ordinance approval by City Council in accord with MCC 9-1-4A. The second phase will include the development of 17 buildable lots and the third will develop with the remaining 11 buildable lots, I.,andseaping: A landscape plan was submitted with this application as shown in Exhibit A.3. Street buffer landscaping is required to be installed in accord with UDC 11-3B-7C. Since two homes (Lot 16 and 25, Block 1) are to remain as part of the project, strict conformance to the xequired buffer width is not feasible. The applicant is requesting alternative compliance to reduce the buffer width from 25 feet to 10 feat abutting Lots 16, 18 and 25, Block 1. The reduced buffer will contain a total of eleven (11) trees; four (4) more than required by the UDC. Xn addition, the , applicant is providing 5-foot wide parkways (UDC requires a minimum of 6-foot wide parkways) along E. Cedar Grove Street and a 3,OS5 square foot common lot on the north side of the road to 1) pxovide a highlighted entryway into the subdivision and 2) off-set the loss of landscaping along Linder Road. The applicant is also proposing to retain several mature trees within the 10-foot wide landscape buffer. Staff supports the alternative compliance as requested by the applicant. Because the plat is less than 5 acres in size, the UDC does not require a specific amount of open space to be provided. Open space being proposed within the plat is 7.37%. Non-Conforming Structures: As mentioned eaxlier, two existing homes (Lot 25 and Lot 16, Bloclc 1) are to remain as part of the subdivision, Given the proximity of the homes adjacent to Linder Road, it is impossible for the structures to comply with the 25-foot street setback thus homes will be classified as non-conforming, The structures will comply with the side yard and rear setbacks. The UDC allows the existence ofnon-conforming structures provided any additions or modifications comply with the dimensional standards of the R 8 zone. Elevations: The applicant has submitted sample elevations to depict the style of homes planned for the proposed subdivision. The proposed homes depict a mix of building materials (lap siding, cedar shake siding, and board and batten siding) decorative shutters, decorative corbels and stone wainscot. The design features staff supports is the substantial pillars, covered porches and mix of gable and hip roofs and a mix of building materials. Staff is of the opinion the future homes will complement the existing homes in the area and demonstrate high quality materials. A recommended DA provision requires compliance with the submitted building elevations. In summary, Staff recommends approval of the proposed annexation, preliminary plat and alternative compliance request for this site 'with the Yecommended conditions listed in L~"xhibit B of this report in accord with the~ndings contained in Exhibit C. Villas rr Lochsa Falls AZ-12-009; PP-012-008; ALT-12-Op6 PAGE 6 EXHIBIT A X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Proposed Preliminary Plat {dated: -~~ REVISED 10/01/12) 3. Proposed Landscape Plan (dated: ~{~1~ REVISED 10/01/12) 4. Proposed Building Elevations B. Agency & Department Comments/Conditions C. Legal Description & Exhibit Map for Annexation D. Required Findings from Unified Development Code Villas @ Lochsa Falls AZ-12-009; PP~012-008; ALT 12-006 PAGE 7 EXHIBIT A A. Drawings 1. 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YfiMIIMIMN.-''ffr<fVf1 ` Cif.',..."' N Si"':r'IS`~;`°.r"!'. ~C~~.x..~,1 '~~~ ' '~i' ~1: x ` ` ` ` " 1'6,"ro,;aa }i ` 1.}KU 1 1 q~~ iiM ~1y tart ayM~FylnwR (./'fN M1wM• ~MY~V+~~w +~MM~eY M.1 N • I.Ya.ntrrwurmlruly.~crnrw 1~N.ItIW .nM•M ••.s YY M ,14 ~1~~ MW.441AV44 4 MNNNil44 aw~i/ml ~rw.l l-.•'w Rq++vw jr_; p ...,...,....y., • 41rNt~P•rPY R .4N.s.IH • MuMIw,M1y~#Ilw • w.`~T MM1+.vF~ ® + al~l+ r y~ l 1~1~ 4c M/MM+1 i...~~ Mrr'I.+ai+,....Ka I~ Wes! 1wrV~, ~ ~ Iww.~ ~'~.~ .rte. ~ wnn ~ M.wr•rM /"1-~ 1r.llrwa•w+M ® •Y'/N~M p w.+.r ® MWpwl MIICR II YiM1YlYCAW{ 'AMC~tR ~WU~'WII .,. .,,rttl.,,l s~~~i~i~{. N~ Mt~l~l l~#~%1 o;k ~ . wrrwa+ vu.a Kewnlrt r.~.+.F••~h, ~~ ye~ Y Exhibit A Page 3 EXHIEIT A 4. Proposed Building Elevations for Residential Homes Exhibit A Page 4 EXHIBIT A E IT B - AGEI®TCY ~ I~lEPARTIVIEI~tT COIVIT'0~]ENTS/CO ITI®NS 1. PLANNING DEPARTMENT 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. The Applicant shall contact the City Attorney's Office to initiate this process. The DA shall be signed by the property owner and returned to the city within two (2) years of the City Council granting annexation. Currently, a fee of $303.00 shall be paid by the applicant to the City Clerk's office prior to commencement of the DA. The DA shall, at minimum, incorporate the following provisions: A, The applicant shall comply with the submitted elevations attached in Exhibit A.4. B, V~ithin g~~ 18 months of the date of the annexation ordinance approval by City Council, the applicant is required to hook up the existing homes on Lot 16 and Lot 25, Block 1 to City water and sewer service, per MCC 9-1-4A. C. The existing residential homes on proposed Lot 16 and Lot 25, Block 1 located within the first development phase are classified as non-conforming structures because they do not comply with the street setback of the R-8 zoning district. As such, these structures may continue subject to the provisions listed in UDC 11-1B-5 Nonconforming Str«cture. D. The applicant shall obtain approval from ACRD and City Council on the proposed access point to Linder Road. If the access point is approved, the three (3}proposed lots shall take access from the common driveway as proposed. 1.2 Site Specific Conditions of Approval 1.2.1 Per UDC 11-SB-5B2, the Director (at the applicant's request) approved the alternative compliance regarding the 10-foot wide landscape buffer adjacent to lots 16, 18 and Lot 25, Block 1. 1,2.2 The applicant shall construct all proposed fencing andlor any fencing required by the UDC, consistent with the standards as set Earth in UDC 11-3A-7. 1,2.3 All common driveways shall be constructed in accordance with UDC 11-6C-3D, and be paved a minimum of 20-feet wide with a surface capable of supporting 75,000 lbs. All properties that abut a common driveway shall take access from the driveway. File a perpetual ingress/egress easement for all lots that share a driveway, The applicant may record an easement and include the instrument number on the face of the plat prior to signature of the City Engineer, OR dedicate said easements via the plat. Graphically depict the common driveway easements for each applicable lot on the face of the plat. 1 7 ~ T ~i r.~r-aE'}t-3~3-~ ~ ~'$E~}~-SHrfvr L. ;., T.,1,lo rr=iTr-~. 1.2.5 Shared driveways shall be provided as depicted on the submitted preliminary plat dated 08/24/12. 1.2.6 The applicant shall provide a minimum of 7.37% (15,892) open space as proposed. 1.2.7 Council ap~ro~red the street name change from 1~, Cougar Flat Place. to N. Landon Creek Drive. 1.3 General Conditions of Approval 1.3.1 Comply with all bulk, use, and development standards of the R~8 zoning district Listed in UDC 11-2-A-6. 1.3.2 Comply with all provisions of 11-3A-3 with regard to access to streets unless waived by Council. Exhibit B Page 1 EXHIBIT A 1.3.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1,3.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-3B-6 and MCC 9-1-28. 1.3.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1,3.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J~. 1.3.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-family dwellings, 1,3.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C and in accord with the approved alternative compliance. TvTV • 1.3.1 Comply with a1I subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, shared driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 1.3.11 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.3.12 Comply with all provisions of UDC 11-3A--3 with regard to maintaining the clear vision triangle, 1.4 Ongoing Conditions of Approval 1.4.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain a111andscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 1.4.2 All common open space shall be maintained by an owner's association as sat forth in UDC 11- 3G-3F1. 1,4.3 The project is subject to all current City of Meridian ordinances. 1.4.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.4,5 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1,4.6 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3 . 1.5 Process Conditions of Approval 1,5.1 N'o signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.5,2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5G3B. A surety agreement maybe accepted for other improvements in accord with UDC 11-5C-3C. Exhibit B ~ Page 1 EXHIBIT A 1.5.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.5.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11-6B- 7B. 1.5. S The preliminary plat approval shall be null and void if the applicant fails to either 1 }obtain the City Engineer signature on a final plat within two years or 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.5.6 Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 2. PUBLIC WORKS 1~EP.A,RTMENT 2.1 Sanitary sewer service to this .development is available via extension of mains in W Cedar Grove Road, The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is Iess than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. . 2,2 Water service to this site is available via extension of mains in W Cedar Grove St and two connections to N'~ Linder Road. The applicant shall be responsible to install two water connections due to fire flow requirements. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 The applicant shall provide a 20-foot common lot for all public water/sewer mains outside of public right of way. The common lot shall be covered with a blanket easement to the City of Meridian. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3}. The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2,6 A11 irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A~6. Plans shall be approved by the appropriate irrigationldrainage district, or lateral users association (ditch owners), with written approval ornon-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.7 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)89$-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, Exhibit B Page 2 EXHIBIT A 2.8 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)3 75-5211. 2,9 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2,10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.11 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter, 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing .Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Past Office. 2.16 All grading of the site shall be performed in conformance with MCC 1 I-12-3H: 2,17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backf 11, where footing would sit atop fill material, 2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peals groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACRD, The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans, This certification will be required before a certificate of occupancy is issued for any structures within the project. 2,20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards, These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required per the City of Meridian Department of Fublic Works Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted to the Public Works Department for approved. The street light contractor shall obtain the approved design on file and an electrical pei•~nit from the Public Works Department prior to commencing installations. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC, 2,22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by Exhibit B Page 3 EXHIBIT A the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 88'72211. 2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 3. POLICE DEPARTMENT 3.1 The Police Department has no concerns related to the site design submitted with the application. 4. FIRE DEPARTMENT 4.1 Provide signage {"No Parking Fire Lane") foz• all fire lanes in accordance with International Fire Code Sections 503.4 & D103.6. 4.2 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.3 Fire lanes, streets, and structures {including the canopy height of mature trees) shall have a vertical clearance of 13'6 as set forth in International Fire Code Section 503.2.1. 4.4 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section {IFC) 501,4 and Meridian amendment to IFC~ 10-4-2J. 4.5 The roadways shall be built to Ada County Highway District cross section standards and have a clear driving surface. Sheets less than 26' in width shall have no on-street parking; streets less than 32' in width shall have parking only on one side. These measurements shall be based on the drivable surface dimension exclusive of shoulders. The overhead clearance shall be a minimum of 13' 6". The roadway shall be able to accommodate an imposed load of 75,000 GVW as set forth in International Fire Code Section 503.2.1, and D103.6.1 and D103.6.2. 5. REPUBLIC SERVICES 5,1 Republic Services has no comments related to this application. 6. PARKS DEPARTMENT 6.1 The Parks Department has no comments related to this application. 7. ADA COUNTY PIIGHWAY DISTRICT ' 7.1 Site Specific Conditions of Approval 7.1.1 Extend Cedar Grove Street into the site as a 33-foot street section with xolled curb, gutter, and 5- footwide attached concrete sidewalks within 45 feet of right-of-way. Provide the District with written fire department approval for the reduced street section width prior to plan approval. 7,1.2 Construct the noz~thern and southern termination points of Cougar Flat Place as alternative snoopy turnarounds. 7.1.3 Construct Cougar Flat Place as a 29-foot street section with rolled curb, gutter, and 5-foot wide sidewalks within 42 feet ofright-of way. Provide the District with written fire department approval for the reduced street section width prior to plan approval. Provide a permanent sidewalk easement for the sidewalk located outside of the right-of way. The easement shall Exhibit B Page ~ EXHIBIT A encompass the entire area between the right-of way line and 2 feet behind the back edge of the sidewallc. Install no parking signs on one side of Cougar Flat PIace. 7.1.4 Close the two existing curb cuts on Linder Road serving occupied homes located approximately 860 feet and 330 feet north of Divide Creek Street. Replace these existing curb cuts with vertical curb, gutter, and sidewalk to match the existing improvements along Linder Road. 7.1.5 Retain the existing approach on Linder Road located 60S feet north of Divide Creek Street as a shared driveway that will serve the existing homes along Linder Road. The proposed shared driveway will be a temporary full access driveway until increased traffic conditions dictate the installation of a median along Linder Road. Once a median is installed, the driveway will be a right-in, right-out access only. 7.1.6 Other than the access specifically approved with this application, direct lot access is prohibited to Linder Road and should be noted on the final plat. 7.1.7 Enter into a license agreement for a111andscaping proposed within ACRD right-of way or easement areas. 7.1.8 Payment of impacts fees are due prior to issuance of a building permit, 7.1.9 Comply with all Standard Conditions of Approval. 7.2 STANDARD CONDITIONS OF APPROVAL 7.2.1. Any existing irrigation facilities shall be relocated outside of the ACRD right-of--way. 7.2.2. Private sewer or water systems are prohibited from being located within the ACRD right-of--way. 7.2,3. In accordance with District policy, 7203.3, the applicant maybe required to update any existing ~ non-compliant pedestrian improvements abutting the site to meat current Americans with Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4. Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 3 87-6280 (with file number) for details. 7.2.5. A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACRD right-of-way or easement areas. 7.2.6. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7. It is the responsibility of the applicant to verify all existing utilities within the right-off way. The applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACRD right-of way. The applicant shall contact ACHD TrafFic Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during any phase of construction. 7.2.8. Utility street cuts in pavement less than eve years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.9. All design and construction shall be in accordance with the ACRD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Standards unless specifically waived herein, An engineer registered in the State of Idaho shall prepare and certify all improvement plans, Exhibit B Page S 7.2.10. Construction, use and property development shall be in conformance with all applicable requirements of ACRD prior to District approval for occupancy. 7.2.11. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of ACfID. The burden shall be upon the applicant to obtain written confirmation of any change from ACRD. 7.2,12. If the site plan or use should change in the future, ACRD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless awaiver/variance of the requirements yr other legal relief is granted by the ACRD Commission. Exhibit B Page 7 C. Legal Description & Exhibit Map for Annexation ~r p inn Th+~r~ ki n~rt ~~ t~ 0~2~'4~2` L ~! o~ Lo~h~ Felts uhd+~t~ ~a, enrd r4y k~, oaf Ilh Fett~ ~ ' ic,~ . z ~ in k ~ aI R e~ ~ p7 of G , t diet ~' r~0. feet ~ ~ ir~cri ~a ire pin; 'Chance t~~rv r~i . ~ 35'4" ~out#~fy ry c~ ~;;;'~ l.o+cha F Su ' ` ie4~ Na.1 ~ c~ ~' .x,71 i !W'f' t!!~ !d ; ~hi~ perc~et ~.Sr Gunton 1~. ~, PtS i,~nd S~lution~, ust ~2, 241 ~ t ~t~ ' ca+a v e„a '4 LA A/Q r~~~ r ~~~ ~ ~ ~~ ~'~ ~ F ~~ ~~ Pak 1M ~ N~`~ ~' n Job ~v.1?~ Exhibit C Page I ~`'~ L iV • .~ ~ o ~,~ : : ~:; ~,~ F~ ~ ., ,,... - ~ ~ a ~• ::: j ,~ {~: .:,~ :f ..~ ~ .~ '~ - :~.~-_ w J //~j ; ° { ~ {~ ,1 ~ ~~J L• W ~ j .l .N( i• ~~ ~_ ~~~~ 7 c~~~~oia~ ~uauc ~~~s p~~r. i~ ~r ,, ; ; : t 4 ~ , ,: ~ t ~ ~ ~ a , , `f1~n~i Su~~ and Cary ~ ~ ~ ` ~a~e,xrHZr.xica ~ = s ux~-~r-µ ~ ~3~+~ WraW LMdfGikftt'Nblc . Exhibit C Page 2 D, Required Findings from Unified Development Code l . 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 a portion of the subject property from RUT in Ada County to the R~$ zoning district. The Council finds that the proposed map amendment is generally consistent with the medium density residential land use designation for this site Therefore, the Council finds the amendment is consistent with the applicable provisions of the Comprehensive Plan (see section VII above), 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-8 zoning district and proposed single~family residential development of the property is generally consistent with the purpose statement of the residential and district. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. Staff recommends that the Council consider any oral or written testimony that may be provided when determining 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 11~5.B-3.E). The Council finds annexing this property with an R-8 zoning district is in the best interest of the City. 2. Preliminary Plat Findings: Zn consideration of a preliminary plat, combined preliminary and final plat, or sho~~t plat, the Council shall make the following findings: .A.. The plat is in conformance with the Comprehensive Plan and is consistent with this unified development code; The Council finds that the proposed plat generally complies with the comprehensive plan and is consistent with the UDC. The Council finds the proposed plat comports to the dimensional standards of the R-8 zoning district and the subdivision regulations set forth in the UDC (please see Section 7 and Section 9 of the Staff Report for detailed analysis that apply to this development). i~. Public services are available or can be made available and are adequate to accommodate the proposed development; Exhibit D Page 1 The Council finds that services can be made available to accommodate the proposed development. C. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, the Council finds that the subdivisions will not require the expenditure of capital improvement funds. D. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., police, fire, ACRD, etc.) to determine this finding. E. The development will not be detrimental to the public health, safety or general welfare; and The Council is not aware of any health, safety or environmental problems associated with the development of the subdivision that should be brought to their attention. ACRD considers road safety issues in their analysis. Staff recommends that the Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which Commission is unaware. 1F', The development preserves significant natural, scenic or historic features. The Council is unaware of any natural, scenic or historic features on this site. Therefore, the Council finds that the proposed development will nat result in the destruction, loss or damage of any natural, scenic or historic feature{s) of major importance. The Council should reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a~natural or scenic features} of major importance of which Commission is unaware. 3. Alternative Compliance Findings: In order to grant approval for alternative compliance, the director shall determine the following findings: 1. Strict adherence or application of the requirements is not feasible; ®1~ Due to the inclusion of the two (2) existing homes into the plat design, strict adherence is not feasible to construct a 2S-foot wide landscape buffer. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The applicant's proposal to provide a 3,055 square foot common lot, parkways along W. Cedar Grove Street and the inclusion of four (4) additional trees in the ten-foot buffer provides an equal means for meeting the requirements. Additionally, the applicant is preserving sevexal (4) mature trees in the buffer. Thus, the director finds the proposed alternative meets the intent of the landscape ordinance. 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. Exhibit D Page 2 Staff finds that the proposed alternative will not be detrimental to the public welfare or impair the use/character of the surrounding prope~~ties. The applicant's proposal provides a buffer width greater than 10% of the lot depth and preserves several mature trees on the site. Exhibit D Page 3 Exhibit C - Building Elevations for Residential Homes PLAN 5 • 2177 ~° i :March 19, 2013 : DATE: I E_MSTAFF TO I AG NCYO ( APPLICANT I NOTES ( INITIALS i DATE: I E-MSTAFF TO I AGENCY I APPLICANT I NOTES I INITIALS ii i ®March 19, 2013 DATE: I E-MSTAFF TO I AGENCY ( APPLICANT ( NOTES I INITIALS % % :March 19, 2013 : DATE: I E-MSTAFF TO I AGENCY I APPLICANT I NOTES I INITIALS DATE: I E-MSTAFD TO ( AGENCOY I APPLICANT ( NOTES I INITIALS GRAND PRIX ~. '~` 't ASSOCIATION ~~~~:,, +"`, ~ OP MERIDIAN Proposal - To host an annual in#ernational event in Meridian beginning in the summer of 2014. The focal point of this event would be an )ndy Car race run through the streets of Meridian. Peripheral supporting events would be held at Meridian Speedway, and various parks and venues throughout the downtown core. This would create a festival atmosphere that would showcase Meridian. Goal - To develop and maintain an event that would not only bring significant publicity and prestige to Meridian and the surrounding area, but also generate a dramatic influx of outside revenues to the local economy. The Meridian Grand Prix would make Meridian a more attractive destination/future home to businesses and potential residents alike. The Meridian Grand Prix would be a community centered event, geared to families and supporting local businesses. Race ®escripti®n -The IRL or Indy Racing League - a series that features names like Penske, Ganassi, Rahal, Foyt, Franchitti, and Andretti, and the same cars that run in the Indy 500, will come to Boise to race ®n a temporary circuit constructed on existing city streets. The IRL is supported by a developmental/training series for drivers on their way up: the Indy Lights Series. The main race would be run on Sunday and feature the Indy style cars, nimble beasts weighing 1,450 pounds, generating 750 horsepower, and reaching speeds in excess of 200 mph. Typical races last two hours. A supporting race of the Indy Lights cars would be run on Saturday. The Indy Lights are slightly smaller and slightly slower than their "big brothers". Practice and qualifying for both races would be held on Friday and Saturday. Additionally, the ALMS, or American LeMans Series and AMA Superbikes are also under consideration as supporting events. The ALMS features both factory models and exotic looking prototypes from Porsche, Audi, Acura, Ferrari, Corvette, BMW, and Lexus. These cars are only slightly slower than the Indy cars, and being full bodied, more closely resemble something a fan would drive on the street. The AMA Superbikes are two wheeled wonders that reach speeds up to 200 mph. Supportinct Events -The Grand Prix would be the centerpiece of a weeklong event called, The Festival of Life. Talks are underway and the Festival of Life could include: a Music Festival, a title fight card featuring ®ana White's top UFC fighters, a "Prelude to Pebble" Concours d'Efegance complete with historic races, a culture night featuring world-class musicians and performances from the ABT (American Ballet Theatre) and Trey McIntyre Group, a Motorsports Expo and Car Show, a Food Fair and Carnival. Pr®iections -The Treasure Valley's propensity to turn out for major events is legendary. Based on the historical model provided by Long Beach, California's 40 years of success, 3 day crowds between 150,000 - 200,000 and outside revenues in the $40 million range can be expected. GPAoIVI -The Grand Prix Association of Meridian is set up as anon-profit organization. Its primary purpose is to promote and benefit the city, state and community by hosting a world class event. After expense revenues will be distributed to various charitable, cultural, and educational organizations throughout the community. Advisory Board ~_ ; '~ Winston N. 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Ipso-~ ay.~ u[ ~u[pn[au) ~s[a.~oy ~poo[ ~p uo~~l!~ ZL'L$ -I-uads (saopuan pup) sao~.b.~aads x[ad pupate o :~xud pupate au.~ o.~ alga.~nqu.~p sanuanaa xp.[. u[ uo[[~iua gq~ ~$ pau[p~ aaoua[.~[p8 ~.o ~.[~ au.[ 'auan[on ssau[snq [n~-o-~ ay.~ off, uo[.~[ppp u~ ~saaz[up~ao .~uana pup 'saopuan 'sao.~p~.oads x[ad pupal ~o ~.-n[.~oc~ o[uaouooa .~aaa[p auk. uaoa~ sanuanaa xp.~ sa[ps u[ uo[~~[ua g0~~$ pa.[.pua~~.sa up pan[aoaa pup[tipw ~o a~p~-S ayl a ~uoi.~ouaao~ui o~uaouooa pa.~b~a~ aay~.o pub ~ui~.o.~s y.~inn aay.~a~o.~ 'uoi~ngia.~sip (bi~.ads puo s~ana~ aan.~ipuadxa ay.~ ~obq payodaa saauuo~d .~uana aye ~.~uauado~anaQ ~uiop~ aaouai.~~a9 ~(q pa~~ddns uoi.~.ouaao~.u~ pa~io~.ap sa.~oaodaooui ~~o~opoy.~au.~ ay.~ '~~~.sb~ ~~.uana ~oan~noui aye. o.~ a~go.~ngia~.p ~anba.~. pub suoi.~ppou.~uaooob so ~~a~n so '~~oa~(bd 'pros s~.onpoad ~.o .~soo 'suo~~.ouaoad pub ~uisi.yanpr~ uo ~(~~ooo~ ~.uads sao~~op a~.boipui o.~ pa~so aaann saopuan '~~~oo~~.ioads a~o~ ~~(;.~unuauaoo aye. ui ~~anisn~oxa .wads ~(auoua nnau ~.o .~unouab aye. pa~.on~ona pub xud puba~ ay.~ ~p ssauisnq op ao a~o.yod o~ s.~soo aye. paansoaua ~anans aopuan ayl ~paay uo.~i~odoa.~aW aaouai.~~p8 aye. ~.o apis~.no paaa.~aonbpoay aab saiupduaoo asay.~ ~.o %p5 nano 'xiad puoa~ ay.~ u~ pa.~odioi.yod saopuan 00 L aano a~luM ~sao~.iq~yxa pub saopuan xiad puoa~ ~~p off. pa.~ngia.~sip soon ~(anans aopuan a~pd-~ o 'uoi.~ippo u~ ~yoaaasaa ~anans ~(q paanseoaua o.~bp „~utpuads„ ao~.a.~oads a.~opi~on o.~ si uoi~.ou~~o~.ui ay.~ ~.o asodand aye ~suot.~.ooa.~b .~siano.~ puo 'sloop .~boq 's~a.~oy unno~.unnop cuoa~. o.~.bp .~uaui.yad pa.{~oa~~oo pub snnainaa~.ui pa.~onpuoo os~o soi.~~~puy pao~nao~ •suoisioap ssauisnq ~ui~aua ao~..~.uboi~iu~is pa~apisuoo si ~ana~ aouapi~.uoo °~~6 b ~.o aoaaa ~.o ui~aa~u %5-/+ o '~(~~oaaua~ ~uoi~.o~ndod ~o.~o~. aye. ~.o %5'66 pua %5'06 uaarm.~.aq saannsua aye .~oa~~.aa s.~~nsaa ay.~ .~oy.~ subaua siyl ~~onaa.~ui aouapf~.uoo °~56 ay~..~o ui~aou.~ ~°g~~-/+ ~.o aoubai~iu~~s ~boi.~si.~b.~s b .~.uasaadaa s.~~nsaa asay~ 'algpi~aa pub a.~c~anooo aaou~ aq p~nonn p.~op „~uipuads„ .~py.~ os /(bp aopa aye. o.~ui sanoy ~paanas pa.~onpuoo spun yo~pasaa ayl ~s.~uana aooa ~.o s~(op ~ ay.{. ~.o yopa ~uianp pa.~onpuoo ~(~~n~.ssaoons aaarn s~anans ~xiad puaa~ ac~.~ ~o spunoa~ aye uo saapua.~a aoaa u~opupa L5~ o.~ ~.r~.~s ,soi.~~(~auy paonn.io~ ~(q paaa.~s~uiuapo aaan~ snnainaa.~ui uosaad-ui '.~uana ay.~ Guiana ~aaibuuoi.~.sanb a~od-z o uo pa.~oaogb~~oo ~.b.~s aaouai.~~o8 .~isin pub soi~~buy paonnao~ '.~uana xud puba~ ay.~ o~ aoi~d ~~apoua .~opduai ,soi.~~buy pao~nao~ o~.u~ pa~oaodaooui os~o si (~ui.~aoda~ ~a.l.oy) syoda~ 21b1S pub sa~os -~a~1o(~- u.~oa~. b.~bp a~gpi~.i.~ubnb .~ubna~aa 'uo~.~.ippa u~ ~~ui~aod pub uoi.~o.yodsupa~ uo pua 'suoi.~ooa.~b s.~.si~no.~ 'sanuan ~io.~aa 's.~uoano~.saa 's~a~.oy ~ooo~ .gyp .wads sab~~op -o.~op ~uipuads apinoad o.~ sao~.o.~oads s~sa s.~uauana.~sui ~anans ay.~. '~t~~poi~ioadS ~sao.~b.~oads xiad puaa~ y.~i~n yoabasaa ~anans y~noay.~ paaay.~b~ b.~pp sapn~ou~ vapour .~obduai ayl ~xiad puoa~ a~owi~.~o8 ay.~ o.~ a~gb~.ngia.u.b sanuanaa .~uauauaano~ puo aum~on ssau~snq y~{.oq saansoaw ~pn.~s ~.obdwi ayl ~~(u~ouooa ay.~ ~.o .ono ~pa~ ~(~~bn.~uana spun. ay.~ ~i.~un s.~uaidioaa anissaoons ~(q ~utpuads aiay.~ s~oba.~ pua 'xiad puoa~ aaouai~.~a8 L LOZ ay.~ o.~. a~gp.~ngia~.b ~(~~c~ui~iao sao~~op ~.o uoi.~o~noaio aye. saansbaua .{~oa~.a aai~di.~:~nua aye ~„~oa~.a aai~d~.~~nut ay.~„ u.~aa.~. s.~.siuaouooa ~buoissa~.oad ~.pynn ~.o .~~nsaa p sb ~uaouooa aye. uiy.~irn ~(auou.a ~.o ~uipuads-aa ay.~.~unooob o.~ui sa~o.~ ~apoua ~no~~ ysao aoaui~ ayl ~s.{.uana pup 'suoi.~n.~~.~sui 'suo~.~oaodaoo 'suoc~.bziuo~ao .~i~oad-ao~.-.~.ou puo .~.i~.oad-ao~. y.~oq ao~. sas~~bup .~obduai ui sa.~p.~s pa.~iup ay.~ .~noy~noay.~ pasn aq say pub ~oo~. hpn.~.s .~oodu.~i pasn ~(~apinn .~soua ay.~. si ~(~o~opoy.~.aua sooos~ ~ ~a~p~ ayl ~uoi.~r~onp~ uo ~iouno~ uboiaau.~y ay.~. ao~. soobs~ ~' ~(.ya~.o~ ~q pado~anap ~.sai~. ~(~o~opoy~.atu nno~~ ysc~o at~aui~ a sRo~duaa so~.~~~r~ud paonnao~ ~(q pa.~.onpuoo ~(pn.~s .~.obduai oiuaouooa ayl ~®I®p®~~~~i4 ~` uo .toads ao~.rJ.toads oaab-~.o-~.no uop~ •~ta~ ~~~a~ ~~~ ®~ ~tq~~ngta~~ u®tttt~i ®L' L Z$ ~®e~~®~®~~ ~~~ ~®~~~~~t ~~~atp ~ p~~ ~a®~t~t~~ urn®~u~n,®p~a®qa~~ aauut ®~ ~a®~i~t/~ ~rJaab ay.!. ~.o suoi.toba.~b .~s!ano.t aay.to so !!ann sp 'xiad puoa~ ay.!. aoua!aadxa o.t aogaoH aauu! s,aaoua!.!.!b8 off. pa!anoa.~ pua oa~ro uo.~!!odoa.taua aao~u!.tlp8 aye. ~.o ap!s.~no ap!saa oynn (saapua~.p ~~o ~o %ZC) sao.tb~.oads OgZ'~L ay.t ~.o .tooduri o!uaouooa ay.!. saanspaua ~(pn~.!.s siy~ ~sassau!snq paab ~ay.!.o pub sao.tbaado ~!p.taa `s~.uauaysi~gb.tsa ~u!~u!ap puo Ou!.tba 's~a.toy s,aaour!~~p8 ~.o ssaoons ay.!. o.t ~o.tnqu.~uoo ao(roua o aq o.t panoad x!ad puba~ aaoua!~.!a8 !r~an~npu! ayl ~~®~~~~~ ~ ~ utpua ~ ~~~~t® ~ra~ ~~~a~ ~~ ~~~p~~d~ /~~®~ ~~pn,~~g ~~~~w~ ~~~arP ~~~ '~6 L `~1 ~`,L~~ ~® ~~n~®e~ ~~au~~nq ~~~d®~ae~J~~ ~6® ~~A~~6 ~66~®~d®~~ ~~~,~®~ J~¢®~ ~ P~~ ~fAd~ ~t~.~d~ ~,9®~l9~/fig ~~~ ~~ ~®~ ~~ ~cta~ pu~a~ ad®uu!~t~~ L LOZ ®~ ~Iq~~~gt~~~ ~®u®~~ ~~~ ~® u®tsu~ ~~ ~~aatput pug .~~a~t® ~aaoua!-tlp9 ~o ~~ti~ ay~- uo .!.oc~dcu! .!.oaa!pu! pub .!.oaa!p a!ay.!. sa~nsoaur ~(pn.ts ay.~ '~~o!opou.taua ay.t u! paq!aosap sy ~a!doad 05z'~L ~q pa.tuasaadaa sa 'gaay up.!.!!odoa.taW aaoua!.tib8 ay.!. ~.o ap!s.~no Ou!p!saa sao~.a~.oads ~.o ~u!puads ay.~ aansaaua !~iM soi.!.i(!rJUy pabnnao~ '~(pn.ts .tobd~u! s!y.t ao~ 'sunnop~paaq o!ydpa~oa~ a!gbaaduaoo y.~inn saansbaua albs-~-a~1ol~t ay.t sa.tbaogoaaoo b~.bp ~(anans ~b!ui~a!n .tsaM pup 'p!ui0~!n 'r~iubn!~suuad 'aap~np!aQ ~.o sa.tb.ts aye. pup ,~,Q uo.~0u!ysp/~ Ouipn!ou! 'oi.~uc~l~-~/-p!W auk- u.~oa~ auapo s~o.~p.~oads ~o %~L'S l -tpu~ ~noys sa!bs .ta~oil ~x!ad puba~ ay.t pua.~a o.t ~a.tunoo aye. ~o ap!s~.no uana ao a.~a.~s-~.o-.ono u.~oa~. aaoua!.~!a8 ~.o ~(~!~ ay.~ o.~ pa!anpa~. '~ «ao 'sao.tb.toads 009'99 ur~u~. aaoua os •put~!~pW ~.o a.!.a~.s ay.t u! aaay~nas!a ap!saa ~ l ~ aay~.ouo pup 'paay ub.t!!odoa~.aW aaouai.!.!b8 ay.t u! ap!saa sao.!.r~.toads x!ad puba~ ~o %8~ -troy.!. a~.poipu! 's.!.a~o!-~ 9z9'ztz L ~o apps au.!. ao~..tunooop yo!ynn 'sa!bs -ta~1o!-t au!~u~ ~~na~. b auapu off. 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'asbq uo~.~bd asaanip puo a~ab! b yons s.~oa!~.a~ ~.py.J..~uana ssb!o-.J.sa!~ p ~ui~.oaao anu!.J.uoo off. aap~o u! ~sdno~~ ado pua 'o!uy.~a '!a!oos 'o!uaouooa !!p ~u!.~uasaada~ '~J.a!oos ~.o u,in~.~oads ap!nn b u.~oa~. uMbap aap sao.~o~.oads xud pupal s,aaouai~.lp8 s~~~d~d~~a® a®~~~~~~~ ~o~.a 'uo!.J~b.~odsuba.~ '!!b.~aa 'uo!.~ona.~suoo 'ao!naas/~(.~!!b.~!dsoy apn!ou! ~(bua sa!a.J.snpu! pa.~obduu! aye x~.rd puo.r~ ~anuub au.~ of a~ga.~nqu~Cb aaab a~ou.~i~.!pe ay.~ u! sa!a.~snpu! sno!apn u! sgof ~1~ qgz !puoi~.!ppb ub sa~.b!no!bo S~!.!./~!t~U~-/ p,lK3M.10~ '(uaa~.s~s ~u!!apoua .~obdu~! o!uaouooa .~nd.~no/.~ndu! ub) aabn~.~os NtfldWl ~u!z!!i.~n ~8 'aa~ab! ~(!gbaap!suoo s! x!ad pupate ay.~ woad. ~u!u.~u.ia.~s auan!on ssau!snq ay.~ uo .~obdua! .~uaua~(o!duaa ay.~ ~.o .~ua~.xa !bn~.o-~ ay.~ '.~upo!~!u~!s s! ~.uaua~(o!d~ua s!y.~ a!!uM ~IflNO~ Non .yeH~~un pagneu NBryU NBNII Nen enncBeu,~en anndSsu ~o~nau eng{sod enµisod,Gan _ p A. ~fe~, .2 f3; w~ ~. - ~9•' 1. i ~L.- ~! / ~ ~ _ ~_ ~ ~ _ i _ ~ ~ _ ~ - i / - i~ L; r - ~ ~ ~~ , '~ ~ i~ ,. ~ _ ,_~ ~ ~ ya ~----~ ~,~ - err J ~ r ,; ~ ~ f ;;, AY®~ ~~ 1~1 April 15 - 17, 2011 Greetings Race Fans: Once again, it is my pleasure to welcome you to the 37`i' Annual Toyota Grand Prix of Long Beach. As always, onr city is extremely enthusiastic about the opportunity to host one of the roost legendary auto events ui America. ___ ____ For racing fans that love smoking tires, IndyCars, and edge of your seat. racing, the Grand Prix tntly is one of the leading road race events of all time. After the 2009 debut, this year's races will yet again include the IZOD IndyCar and American Le Mans Series here in Long Beach. Featuring the -~ -'~~~~;~ 2010 IndyCar winner, Ryan Hunter-Reay, Dario ~~ ~ ~~ Franchitti, Danica Patrick, Scott Dixon, and Helio Castroneves -the Toyota Grand Prix is the - _ _ longest running major "street" race in North '~ ~ America, The Grand Prix continues to attract - i nearly 200,000 people to the City of Long Beach y °~ each year. Visitors enjoy our excellent weather while taking in our breathtaking ocean scenery, F~,; ~r superb restaurants and diverse downtown = atmosphere. Promoting one of the iconic events in Long Beach, The Grand Prix Association has always been a major supporter of humanitarian events during the year that add to our city's cultural and social fabric. Long Beach looks forward to offering all of you the warm hospitality and personal attention for which our city is l~tlown. My best wishes for another exciting and enjoyable Grand Prix race weekend and please enjoy your stay here in Long Beach. Again, I want to welcome everyone to The Toyota Grand Prix of Long Beach and extend my best wishes for a fantastic weekend of events. See you at the finish lute, MAYOR BOB FOSTER CITY OF LONG BEACH, CA g --- - - -- .- ------------- _- ~ I . - _ _ ~ ~ ~ ~ II,~ ,~, ., ~~, ~~ I ~ -, ~ . ~~~ _ __ a, ILE April 2011 Dear Toyota Grand Prix Race Fans and Participants: Welcome to the 37th annual Toyota Grand Prix of Long Beach. Toyota and its Southern California dealers are once again proud and privileged to serve as the title sponsor of one of the most prestigious motorsports events in the world. Toyota is proud of its heritage in America and its commitment to Long Beach and Southern California. The Toyota Grand Prix of Long Beach is an example of the company's focus on enhancing our community involvement. This year's on -track activities will feature six main attractions, including the popular and prestigious 35th annual Toyota Pro/Celebrity Race. Close to 550 celebrities and professional drivers have competed in this 10 -lop race for charity. Since 1991, Toyota, on behalf of the race and its participants, has donated more than $1.9 million to Racing for Kids, a national organization benefiting children's hospitals ... in this case specifically Memorial Miller Children's Hospital in Long Beach and the Children's Hospital of Orange County. Without the dedicated and collective efforts of many local organizations, this extremely popular race weekend would not be possible. I would like to extend my personal thanks to the City of Long Beach, the Long Beach Chamber of Commerce, the Committee of 300, Jim Michaelian and staff at the Grand Prix Association of long Beach, and the devoted supporters who contribute countless hours of their time and energy to ensure the event's success. To all the fans and participants of the Toyota Grand Prix of Long Beach, we thank you for your continuous support and wish you a fun, safe and enjoyable weekend of racing excitement. Regards, Jim Lentz President & COO Toyota Motor Sales, U.S.A., Inc. JIM LENTZ, PRESIDEN- TOYOTA MOTOR SALES, USA, INC 6 GOVERNOR ARNOLD SCHWARZENEGGER April 13, 2007 Grand Prix Association of Long Beach On behalf of all Californians, I am delighted to extend my greetings to all those gathered for the thirty-third annual Toyota Grand Prix of Long Beach. Throughout its distinguished history, the Toyota -Grand Prix has been won by drivers with venerable names such as Unser and Andretli. This year's race is certain to be compelling once again, featuring established veterans and those aspiring to make their mark. In addition to the racing action, there are concerts, sports demonstrations and delicious food that is certain to entertain and satisfy all participants. I commend the drivers, organizers, sponsors and everyone associated with the Toyota Grand Prix for staging this fantastic event. Your contributions enliven our state's tremendous culture and provide a great opportunity for visitors and residents to spend their leisure time. Please accept my best wishes for a memorable race and every continued success. Best regards, Arnold Schwarzenegger STATE CAPITOL • SACRAMENTO, CALIFORNIA 95814 • (916) 445-2841 e -- Arnold Schwarzenegger Governor California TOYOTA GRAND PRIX OF LONG BEACH 0 Business Name: Nam-e:~ Address: Position: Have you heard of Indy Car racing? YES/NO Do you~approve/disapprove o~IndyCar racirig-coming to dowritowh Meridian?~ Have past downtown events impacted your business? YES/NO If YES, how? Phone: Date: Do you have any concerns about IndyCar racing coming to Meridian? YES/NO How can we best accommodate you/your business when IndyCar racing comes to Meridian? Business Name: Date: Name: ,4d-dress:- Position: Have you heard of Indy Car racing? YES/NO Do you approve/disapprove of IndyCar racing coming to downtown Meridian? Have past downtown events impacted~your business?YES/NO~ If YES, how? P h~o:- Do you have any concerns about IndyCar racing coming to Meridian? YES/NO How can we best accommodate you/your business when IndyCar racing comes to Meridian? i i DATE: I E_MSTAFF TO ( AGENCY ( APPLICANT I NOTES ( INITIALS DATE: I E_MSTAFF TO ( AGENCY ( APPLICANT I NOTES ( INITIALS % % :March 19, 2013 : DATE: I E-MSTAFF TO I AGENCY ( APPLICANT I NOTES I INITIALS l DATE: I E_MSTAFF TO I AGENCOY I APPL CANT ( NOTES I INITIALS i DATE: I E-~STAFF TO I AGENCY I APPLICANT ( NOTES I INITIALS % % ®March 19, 2013 I DATE: I E_MSTAFD TO ( AGENCOY I APPLICANT I NOTES I INITIALS I :March 19, 2013 : 1 ® 1® I ITL Villas at Lochsa ails Ordinance No. ~ An Ordinance (AZ 12-009 -Villas At Lochsa Falls) for Annexation of a Parcel Of Land Located In The NE'/4 Of The SE'/4 Of Section 26, Township 4 North, Range 1 West, and Annexing Certain Lands And Territory, Establish-~ing And Determining The Land Use Zoning Classification Of Said Lands From RUT To R-8 (Medium Density Residential District) In The Meridian City Code DATE: I E-MSTAFF TO I AGENCY I APPLICANT I NOTES I INITIALS ADA COUNTY RECORUtIi Vnris[opner u. nisn n~~~VV~.~ .~~ BOISE IDAHO 03120113 10:41 AM DEPUTY Lisa Bait III I I I I I I ~ ~~~ I RECORDED-REQUEST OF 11 ~~~~~ 1 ~ Meridian City CITY OF MERIDIAN ORDINANCE NO. l.3 ' I SY~ Y T E CITY COUNCIL: I AGLUN, RUT E, A E IT O AINE Y THE AYR AND THE CITY COUNCIL F THE CITY F E DIA, COUNTY F ADA, STATE F 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: ARETE INVESTMENT GROUP, LLC. SECTION 2. That the above-described real property is hereby annexed and re-zoned from RUT to R-8 (Medium 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. 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. ANNEXATION -VILLAS AT LOCHSA FALLS (AZ 12-009) Page 1 of 3 ECTI 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTI 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. STATE OF IDAHO, ) ss: County of Ada ) On this: day of }~.~~~ , 2013, 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. N ARY P BLIC IDAHO RESIDING AT: ~er-~ ~ oar, 1 D MY COMMISSION EXPIRES: a Zo1 ANNEXATION -VILLAS AT LOCHSA FALLS (AZ 12-009) Page 3 of 3 Exhibit A -Legal Description e-,--.~._ _~. ~.~ Th~~ parGkt OQ1117~1Ai 5.d7 ~8#. Cttuotti W, t1, Pi. u~1 ~, 20fi7. j F_ .. __, ~ ~~ ~p ~~F ~„y ' s ° 1 r~ ~~,~,~fE O~ tia ~~ ~ ` an r~•~ Villas at Lochsa Falls Exhibit B -Map '` e Y _ pUB~.tC 1At01R~t~ DEPT s~ ~ -~- Land S nq ~rnd r~ J31E:SfMiT,~YT R L~EIIICiMI,. ID ~2D8.17N8~7C~ ~?04 TfS? '.. Villas at Lochsa Falls N TICS PLI E U A Y INANCE PURSUANT T I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 13- lSY S PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for a parcel located in the NE 1/a of the SE '/a of Section 26, Township 4 North, Range 1 West, Boise, Ada County, Idaho. This parcel contains 5.67 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, 3 3 East Broadway Avenue Meridian, Idaho. This ordinance shall become effective on the , day of 2013. 4~Og~.t`}DAL'Ctjsrl 1 .4 / r0 ~-9., 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: °- STATE ENT F E IA CITY ATT EY AS A EUAC F SUM A INANCE 13- 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. 13- / 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 ~~ , 2013. ~, r William. L.M. Nary City Attorney ORDINANCE SUMMARY -VILLAS AT LOCHSA FALLS (AZ 12-009) i ®rch 19, 2013 11 DATE: I E_MSTAFF TO I AGENCY I APPLICANT I NOTES I INITIALS