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2013-04-16~~E ~ID~~I~~A~~~~~~N,,,~,--- CITY COUNCIL REGULAR MEETING AGENDA Tuesday, April 16, 2013 at 7:00 PM 1. Roll-Call Attendance X David Zaremba X_ Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved (Pg 2-3) A. Water and Sewer Main Easement for Commercial Southwest Subdivision No. 2 B. Release of Development Agreement with Red Tail Communities, LLC. C. Professional Services Agreement with Kings of Swing for Musical Talent for Concerts on Broadway on July 20, 2013 for an amount not to exceed $1,800.00 D. Final Order for Approval: TEC 13-002 Bainbridge Subdivision by Brighton Investments, LLC Located Southwest Corner of W. Chinden Boulevard and N. Ten Mile Road Request: Two (2) Year Time Extension on the Preliminary Plat for Bainbridge Subdivision in Order to Obtain the City Engineer's Signature on a Final Plat E. Final Order for Approval: FP 13-011 Isola Creek Subdivision by Coleman Homes, LLC Located East Side of N. Ten Mile Road and North of W. Ustick Road Request: Final Plat Approval Consisting of 48 Single-Family Residential Building Lots and 10 Common Lots on Approximately 20.45 Acres of Land in an R-4 Zoning District Meridian City Council Meeting Agenda -Tuesday, April 16, 2013 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. F. Findings of Fact, Conclusions of Law for Approval: Public Hearing: MDA 13-006 Waverly Place by Scott Noriyuki, Northside Management Located North Side of E. Magic View Drive, West of S. Wells Street Request: Amendment to the Development Agreement for Waverly Place Subdivision to Allow the Construction of Single-Family Attached and Detached Homes Instead of Just Attached Homes 6. 7. Items Moved From Consent Agenda None Action Items A. Public Hearing Continued from November 7, 2012: AZ 11-003 King Property by Dexter King Located at 1195 W. Overland Road Request: Annexation and Zoning of 8 Acres of Land within an R-8 Zoning District Withdrawn (Pg 3-4) B. Public Hearing Continued from April 2, 2013: VAR 13-001 Knightsky Estates by Iron Mountain Real Estate, Inc. Located on the Northwest Corner of Chinden Boulevard and N. Linder Road Request: Right-In/Right-Out Access Point to State Highway 20/26 (Chinden Bouelvard) Continued to April 23, 2013 (Pg 4-21) C. Public Hearing: MDA 13-005 Sadie Creek by Sadie Creek Commons, LLC Located Southwest Corner of N. Eagle Road and E. Ustick Road Request: Amend the Sadie Creek Development Agreement (Instrument #108008770) for the Purpose of Attaching a Concept Plan and Modifying Certain Provisions Approved (Pg 21-36) D. Public Hearing: Public Works Department, Environmental Division Fee Schedule (Pg 36-37) E. Resolution No. 13-919: Adopting Public Works Department, Environmental Division Fee Schedule Approved (Pg 37) F. Public Comment: Large-Scale Special Events Update to Temporary Use Code (Pg 37-38) G. Second Reading of Ordinance No. 13-1549 Large-Scale Special Events Update to Temporary Use Code (Pg 38) Meridian City Council Meeting Agenda -Tuesday, April 16, 2013 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 8. Department Reports A. Police Department: Budget Amendment for Spending Authority on Two EUDL (Enforcement of Underage Drinking Laws) Grants Awarded to Meridian Police Department for a Not-to-Exceed Amount of $10,410.00 Approved (Pg 39-40) B. Public Works: Recycled Water Plan Update (Pg 40-54) C. SWAC Department Report: Recommendation to Adopt an Amendment to the City's Solid Waste Ordinance Regarding Commercial Recycling Services by Non-Franchised Commercial Recyclers within City Limits (Commercial Recycling Ordinance) (Pg 54-55) D. SWAC Department Report: First Reading Of Ordinance No. 13- 1551: An Ordinance Amending Title 4, Public Health & Safety, Chapter 1, Sanitary Service System, Of The Meridian City Code, For The Purpose Of Including Definitions For Commercial Recycler, Commingled Recyclable Material(s), And Source-Separated Recyclable Material(s) In 4-1-3; And To Add "Or Commercial Recycler" To 4-1-10 H. And To Add A New 4-1-11 Commercial Recycling Exemption; And Re-Assign The Existing Section 4-1-11 Nuisance Declared To Section 4-1- 12; And Re-Assign The Existing Section 4-1-12 Penalty To Section 4-1-13; And Providing An Effective Date (Pg 55-57) E. Fire Department: EMS Joint Powers Agreement Discussion Put back on the Agenda for May 7, 2013 (Pg 57-63) F. Legal Department: Development Agreement for Approval: MDA 13-002 Red Wing Subdivision by WH Moore Company Located Southeast Corner of S., Meridian Road (SH 69) and E. Victory Road Request: Modification to the Cavanaugh Development Agreement to Exclude the Subject Property from the Agreement Approved (Pg 63-64) 9. Ordinance A. Ordinance No. 13-1552: An Ordinance (RZ 13-002 Red Wing Subdivision) For The Re-Zone Of A Tract Of Land Situated In A Portion Of The Northwest One Quarter Of Section 30, Meridian City Council Meeting Agenda -Tuesday, April 16, 2013 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Township 3 North, Range 1 East, Boise Meridian, City Of Meridian, Situated In Ada County, Idaho And Adjacent And Continuous To The Corporate Limits Of The City Of Meridian As Requested By The City Of Meridian; Establishing And Determining The Land Use Classification Of R-4 (Low Density Residential; 16.55 Acres) And R-15 (Medium Density Residential; 16.32 Acres) Zoning Districts In The Meridian City Code. Approved (Pg 64-65) 10. Future Meeting Topics Adjourned at 10:33 p.m. Meridian City Council Meeting Agenda -Tuesday, April 16, 2013 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council April 16, 2013 A meeting of the Meridian City Council was called to order at 7:20 p.m., Tuesday, April 16, 2013, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Charlie Rountree, David Zaremba, Keith Bird, and Brad Hoaglun. Others Present: Bill Nary, Jaycee Holman, Caleb Hood, Bill Parsons, Warren Stewart, Tom Barry, Clint Dolsby John Overton, Mark Niemeyer, Clint Worthington, Mollie Mangerich Steve Siddoway and Dean Willis. Item 1: oll®cll Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Thank you so much for your patience. We will go ahead and start tonight's meeting. It is, for the record, Tuesday, April 16th. It's almost 20 after 7:00. Madam Clerk, will you, please, start off with roll call attendance. Item : Pledge of Allegiance De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: ommuniy Invocation by De Weerd: Item No. 3. We don't have anyone to lead us in the community invocation. Item : doption of the Agenda De Weerd: So, we will switch -- or go to Item 4, adoption of the agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: A couple items on tonight's agenda. Item 7-A under Action Items, the applicant is requesting to withdraw that application. 7-E is Resolution No. 13-919. Under Item 8, 8-D is Ordinance No. 13-1551. Under 9-A, that is Ordinance No. 13- Meridian City Council April 16, 2013 Page 2 of 66 1552. And with those notes, Madam Mayor, I move adoption of the agenda as presented. Rountree: Second. De Weerd: I have a motion and a second to adopt the agenda as presented. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item Consent Benda ater and ewer in asemen for Commercial Southwest ubdiviion o. elease of evelopment Agreement with ed Tail Communities, LL. C. Professional Services Agreement with Kings of wing for usical Talent for Concerts on roadway on July 0, 2013 for an amount not to exceed $1,800.00 De Weerd: Item 5 is our Consent Agenda. Meridian City Council April 16, 2013 Page 3 of 66 Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: We have no changes on our Consent Agenda, so I move approval of the Consent Agenda and the Mayor to sign and 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. Item 6: Items oved Fro Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 7: Action Items ulic Hearing Continued from oveer 7, 2012: A 11-003 King roperty by Dexter King Located at 1195 .Overland Road Request: Annexation and Zoning of Acres of Land within an - onin istrict De Weerd: So, we will move into Action Items under seven. 7-A was requested to withdraw the application. Council, I will need a motion to accept that request. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move to withdraw AZ 11-003 as per applicant's request. Rountree: Second. De Weerd: I have a motion and a second to approve the applicant's request to withdraw the application on Item 7-A. Madam Clerk, I will call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. Meridian City Council April 16, 2013 Page 4 of 66 MOTION CARRIED: ALL AYES. Public Hearing Continued from April , 2013: VAR 13-001 nihtsky states by Iron ountai Real state, Inc. Located on the orthwest Corner of Chinden oulevrd and N. Linder Road Request: Right-In/Right-Out Access Point to State Highway 20/2 (Chinden ouelvard) De Weerd: Item 7-B is a public hearing continued from April 2nd on VAR 13-001. I will ask for staff comments at this time. Parsons: Thank you, Madam Mayor, Members of the Council. The first item on the agenda tonight is the Knightsky Estates variance application. The applicant is here this evening to discuss aright-in, right-out only access to Chinden Boulevard, State Highway 20-26. That proposed access point will be approximately 500 feet west of the current intersection location. This property is located on the northwest corner of Linder Road and Chinden Boulevard. It's currently zoned C-C and it's approximately 9.34 acres in size. History on this site. In 2006 this property was annexed in as the Knightsky Estates Subdivision. Included in that subdivision was approximately 40 or so acres here and, then, this remnant piece here. We had C-C at the corner, transitioned to TN-C -- or TN-R along Chinden and, then, north of that was R-4 zoned property as well. So, it was more of a mixed use development at that time. In 2011 the property owner and a new developer came forward with the Spurwing Subdivision application, which, essentially, rezoned and took out a portion of this property and rezoned R-8 and is currently developing as a nine hole executive golf course and an estate lot subdivision as well. With the approval of that subdivision a stub street was proposed and is required to stub to the C-C zoned property as well. The aerial exhibit before you this evening depicts kind of the -- shows what types of access are currently approved along Chinden Boulevard in this mile segment. One thing I want to -- here is Paramount Subdivision, which is an access point at the half mile. We have, again, the intersection at the mile and another intersection at the half mile, which is consistent with the UDC. In 2009 this property here, which is known as Knight Hill Subdivision, it came through for a variance and asked for aright-in, right-out only access point to Chinden as well and Council did deny that request back in 2009. The applicant has submitted a conceptual plan depicting the proposed access points. Here is what I have highlighted for you right now. Currently in 2006 ACHD did act on this application. At that time they did grant an access point to Linder Road. The one thing that's the difference that has changed since -- from previous until now is that we have that Fred Meyer development to the east of this and with that development they are required to put in a center median, so rather than having full access to this development as previously approved, this is now restricted to a right-in, right-out only access point and I'd mention to you as well Spurwing Challenge is required to stub a local street to this development as well. And, then, once this applicant -- if they decide to develop this property they will be required to build this connectivity commercial driveway to create that backage or frontage road consistent with the UDC as well. I would mention to Council that we did receive Meridian City Council April 16, 2013 Page 5 of 66 comments from ITD on this application. They have tentatively approved this intersection -- or this access point to Highway 20-26. In speaking with the applicant before the hearing they have contacted ITD. ITD will be requesting that this have a decel lane into the development. If the access is approved that's what ITD will require and, then, also some form of restriction by a pork chop or a center median in the future making sure that cars entering and exiting follow the right-in, right-out only practice as well. I would mention to you that staff did receive comments from the Meridian Police Department. They are recommending denial of the variance as well. In speaking with the Fire Department today they want to go on record to say that they support the proposed access point. One other item that I wanted to mention to you -- is based on the UDC we do have a requirement that we meet certain findings to grant access of this access point to Chinden, both in our staff report and our analysis in that staff report we looked through the Comprehensive Plan, we looked at the UDC, and we have also looked at the draft access management plan that ITD was supportive of a few years ago as well and based on those findings staff is recommending denial before you this evening. Staff has not received any additional written testimony on this application. To staff's -- other than the staff denial on the application there are no other outstanding issues before you this evening and at this time I would stand for any questions you may have. De Weerd: Thank you, Bill. Council, any questions for staff at this point? Bird: I have none at this time. Rountree: None right now. De Weerd: Okay. Would the applicant like to make comment. Good evening. If you will, please, state your name and address for the record. Brown: For the record my name is Kent Brown. My address is 3161 Springwood, Meridian, Idaho. De Weerd: Thank you. Brown: How do I pull this up? I don't know what you can see. The map that I have got shown shows our site highlighted in yellow. Fred Meyers to the east of us, they have a right-in. They also have a full access. Obviously, they are located in Eagle. Just recently the Foxtail development was approved for a redevelopment with houses and commercial. They were also granted an access to Chinden also. We have kind of shown the alignment that we have with our road with the Spurwing Challenge that's next to us. We kind of view this area as kind of a unique scenario in your comp plan. I pulled up the Meridian comp plan and our use is the only commercial use that you're showing north of Chinden, except closer to Highway 16 where it comes out there is a commercial node that's shown on your comp plan there. These other residential uses that Bill made mention in his report, we have to the west of us light access at Long Lake that -- that Spurwing Challenge people are in the process of closing the main entrance Meridian City Council April 16, 2013 Page 6 of 66 to Spurwing and putting this new one in at the half mile that is signalized. Ten Mile doesn't go through because of the golf course and so there is no access there. understand that the Olive Tree development that's kind of -- the Olive Tree Development that's located here, it has an emergency access that comes out at the Ten Mile location. Just to the west of that is a private lane for some estate homes called Double Eagle. But if you're familiar with Spurwing Greens property, they have three accesses to redevelop the remainder of that property and eliminate any access to Chinden. They have a lighted access at that point at the half mile. Black Cat is proposed to connect and is existing there. And, then, the only other existing one is really close to where 16 comes out as Pollard. What makes this kind of unique compared to like the application that Bill mentioned that's directly to the south of us is this rim and for lack of a way to describe it, it's basically the Meridian rim to the Boise River, because that's the area that is in Meridian's impact and we have no inability to bring roads in from the backside to have frontages in that area, so we have just Chinden as our access and when those accesses are the golf course and residential that's fine, but when you have a commercial use that's at the corner it makes it a little more difficult to move forward with your project if you have to go to get to there. I highlighted here in red the -- where the fire station is. In speaking with Perry earlier today he's the one that brought this up when we had apre-application meeting that as the fire truck leaves there and heads towards the Chinden-Linder intersection with the Opticon on, it freezes all the traffic and if our entrance is a right-in, right-out on Linder or is down at the light, they have to either go into the other lane and, then, somehow try to maneuver, but if the traffic is backed up there it creates a difficulty for them to access and provide safe entrance into that property there on the corner, where if we got our right-in, right-out on Chinden they would cross over, the traffic would be stopped, there wouldn't be any traffic going west on Chinden and they would be able to enter into the site. I also spoke to Perry about the limited access into the Spurwing property we provide probably the best secondary access into the Spurwing development. He mentioned to me that it would probably be the quickest access that they would have from a secondary standpoint. I'm sure you're familiar with the Spurwing Greens property. They have an access, but you would have to drive through their entire development and, then, come back into Spurwing to provide a secondary access into there. The original approval with the Knightsky development, we had a full access on Linder that was planned at that location. In speaking to the planner that handled that application, it was thought that we would have a light, we would be 550 feet from Chinden and have a light access at that point with full access to be able to enter into the development off of Linder. Then you had a straight shot where you would come out where the light is -- is at on Long Lake and you had a -- the ability to access that way versus the way that we currently have to go -- we would currently have to come in at the Spurwing light and, then, drive through the development to come back to get there from Chinden, other than that right-in, right- out. So, basically, you would have people that are southbound on Linder would be able to access our site or they would have to drive through this estate residential development to get there. Am I doing this -- Parsons: Kent, let me drive for a second .and I will get you that slide. Meridian City Council April 16, 2013 Page 7 of 66 Brown : Okay. Parsons: Thanks. Sorry to interrupt you. Brown: I need all the help I can get. In our application to ITD what we proposed to them is this concept plan. We worked with their staff and talked to them about where we could have it. We originally proposed going some 600 feet from the intersection, but they said that we would be better and safer that -- if we came in at 500 feet from that intersection with a decel lane. This right-in, right-out creates a safe environment, but the only way that anybody can access this is by coming south on Linder, so any residents coming from Eagle, because that's, basically, where they would have to be coming from to access this property or they would have to come from the light and drive back through to get here, which makes it very difficult for the zoning that we have for our neighborhood commercial uses to be able to make that -- that a viable project for commercial. With the changes that ITD has made into their policy, those are things also that has taken place that has changed in this site location. I think we have -- in the findings that you're supposed to make whether there are unique characteristics and I believe that where we are located in what I was calling the -- the Meridian rim to the Boise River, that we have a unique characteristic. We have the inability for public streets to be stubbed to the rear of us. Our northerly boundary with the Brandt property is the edge of the impact area. We have existing estate homes that are located there. You have the proposed and soon to be completed Spurwing Challenge with its estate residential uses that's on the other side of us. You have the Spurwing development and no access, basically, coming from the rim until you get over to Spurwing Greens where we have a road going over the rim there. So, that's the only back access that you have from the north coming south. So, you have the limited access points. This unique characteristic and specifically with our site I think the hardship can be fixed by us having our access. Also, the discussion with the fire department that our site is safer if they were able to access the site with a Chinden access. I think that that helps remove that hardship. That's another finding. The first finding is is does this grant a special right or privilege. For us to be on an equal playing field with commercial businesses in Meridian compared to the properties that are to the east of us that are commercial, we need an access to Chinden also. It's not one that you granted, but it's one that has been granted to them and this property would be competing for those commercial uses. We envision that most of our uses are going to be either office or a bank. They are not high intense uses. They are neighborhood commercial in nature and seek your approval for this. stand for any questions that you might have. De Weerd: Thank you, Kent. Council, any questions? Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Meridian City Council April 16, 2013 Page 8 of 66 Hoaglun: Kent, it looks like from the drawing, but I want to be sure, since my eyes aren't like they used to be. You have a decel lane for that right turn access off of Chinden? Brown: Yes, we do. And that would be a requirement of ITD for that to allow the -- the through traffic going west to be able to travel safely. Hoaglun: Thank you. De Weerd: Okay. Any other questions from Council? Bird: I have none. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I can't tell from the plat if there is sufficient setback in the concept to accommodate the decel lane at a future intersection configuration that would be somewhere between five and seven lanes in addition to the decel lane. So, just thinking of future expansion of Chinden. With the three or four lanes that might be there now and a decel lane, as it expands to four through lanes, I don't know how many turn lanes there would be. Would that decel lane go away and the safety conditions that we are trying to avoid with all of these approaches be exacerbated? Can you address that, Kent? Brown: Obviously, we wouldn't -- we wouldn't want that to go away either, because to get access you want that to be safe for the people that are coming in there and I guess we could be -- we know what their plan is and could address that with ITD and the improvements that we would do. Rountree: Madam Mayor. With respect to addressing it with ITD, I read their letter and it doesn't have much substance. It just says that whatever approach separation standards they have now, I don't know if they have shared that with the City of Meridian at this point or not. Apparently it's something new and they don't address the possible expansion of the right of way width in that area and the need for continuing the decel lane in that instance. And, in fact, they have not processed this application, because they see that it would violate our policy and not only violate our policy, but it's against our ordinance, but we allow for variances with adequate information and in that regard I would want to see some adequate information as it relates to safety, because that's the issue we are concerned with. De Weerd: Anything further from Council? Bird: I have none. Meridian City Council April 16, 2013 Page 9 of 66 De Weerd: I did have several people who have signed up. When I call your name if you would like to provide testimony at that time I would invite you forward and if I mispronounce your name I apologize in advance. Mike Reich is neutral. Mike Reich. I had a 33.3 percent change that I would say it right. Thank you for being here with us. If you will, please, state your name and address for the record. Reich: Michael Reich. 5569 North Schubert Avenue in Meridian. De Weerd: Thank you. Reich: Thank you, Madam Mayor, Council. I will try to be brief. I represent the owner of the development beside the Spurwing Challenge Estates. We feel that it is in the best interest of that parcel if it had aright-in, right-out. However, we are concerned about safety issues that being a residential ..development beside it, because of the connector roads. And, in fact, at one point we had investigated also trying to get aright- in, right-out and purchasing that corner. We were told that that wouldn't be possible and to provide the best access for the corner we agreed to do a connector road. What we are asking is that the city does agree to the variance and provide aright-in, right-out, that we would restrict that access to emergency vehicles only and still allow pedestrian access, so we have that pedestrian sidewalk continuity, but we are concerned about the additional traffic, possibly a light being red at Linder and people trying to take a shortcut to get back to some of the other developments or the country club and cutting through a residential development. Again, we believe that it's -- that it's a good fit for that -- that ten acre corner, but it's not necessarily a good fit for the residential development that's currently under construction. I would point out that per Kent's letter that was submitted to the city and the traffic studies that were submitted by Bailey Engineering, there is traffic counts that show cars coming in and the same amount of cars going back out to either Linder or Chinden. So, it appears that the traffic study doesn't believe that many cars would be needing to use that access road anyway, so closing it and making it an access point for emergency vehicles only seemed logical. It would be a tertiary access point for emergency vehicles, since there is another access point, as Kent stated, through the Spurwing Greens Subdivision. I guess in closing I would say that if the variance was granted and the road was not closed for public access between the two parcels that perhaps we could put a restriction for future uses -- I think this is a C-C zoned property with a conditional use permit could be multi-family residential, which would also be a high traffic count of cars and would also be a longer period of time in theory. We would ask that it be restricted to not multi-family if that access remained public. That's it. Thank you for your time. De Weerd: Thank you. Rountree: Madam Mayor? De Weerd: Yes. Rountree: I have a question. The road you speak is that a public road? Meridian City Council April 16, 2013 Page 10 of 66 Reich: The connector road that we -- yes, it would connect right at this point right here. Where that -- somebody is controlling it. Rountree: I see it. Reich: It is a public street. Rountree: Okay. Thank you. Reich: We would have -- when we -- we had some alternate designs, we would have probably redesigned it differently if we knew there was going to be a right-in, right-out where the traffic would not have gone through the residential block, but perhaps a frontage street on the other side of the golf holes that are designed -- I believe you are familiar with the design of the course. De Weerd: But I guess with the design of that corner and if they didn't have this right-in, right-out, they would have to go through your property anyway. Reich: Right. But it would be less traffic. I mean if there was no right-in, right-out we wouldn't be getting people taking a shortcut off of Chinden to get back to the Spurwing development or the Spurwing country club, because right now they can come in off of -- in the bottom where it says proposed access point and bypass the Linder and Chinden light to get back to the country club or the Spurwing development -- the original Spurwing development. So, again, I think it would be unlikely that it would just be traffic to the 23 lots that are being developed, it would become a shortcut in heavy traffic. De Weerd: Do you think there is a way that through design, since that's entry into your subdivision, you can design it as such, that makes it look more private and less inviting for those to shortcut. I mean I'm certainly not a design or a traffic engineer, but there are ways that perhaps even at being a public road you can have aroad -- or entry treatments that kind of narrows it and makes it look less inviting. I don't know. Just trying to help you limit the amount of cars that go through there. Reich: You can certainly do that and I think for your one time person that's sitting in the corner I think that would eliminate somebody cutting through. The people that are going to live there or visit the country club, they are going to be doing it multiple times a week are essentially going to realize design or not, that there is a shortcut. De Weerd: Well, the biggest offenders will be the people that live on that road. Reich: Yeah. Well, not that road. I think the biggest offenders will be the people that live further back and to the country club. Hoaglun: Madam Mayor and Mike, I want to follow up. You made a statement and I got a little confused. You said they would use it as a shortcut to defeat that Linder Road, Meridian City Council April 16, 2013 Page 11 of 66 Chinden -- since it's aright-in, right-out, they are going to have to come through that light -- so, I must be missing something, what you meant by they -- Reich: Okay. Somebody going westbound on Chinden that wants to turn in towards Spurwing -- Hoaglun: Right. Reich: -- and there is traffic at the light at Linder -- not at Linder. I'm sorry. That's my mistake. At the new access point to Spurwing. Hoaglun: Long Lake. Reich: Long Lake. Thank you. Hoaglun: But this is traffic that's going westbound, so they see traffic at Long Lake. Reich: See traffic at Long Lake and cut through here to -- Hoaglun: Okay. But that's, in fact, a time light where it's not quite as much. In my mind if I'm going someplace I think, well, I don't want to take a side street, because my -- the speed limit isn't as fast. I guess if it's really backed up it might, but, yeah, it's one of those -- yeah, do I really get there any faster by taking a back side street. Reich: I cut through on my way to work every day. Hoaglun: Uh-huh. Okay. De Weerd: It's the people like you that -- Reich: It is. De Weerd: But I guess my question to you is do you think that would cause more traffic than not having this, making the people go to the light and drive through the subdivision to access this because they are coming off of Chinden. I almost think that there would be more traffic having to go to the light and, then, backtracking to the east, because they are certainly not going to go turn around at Fred Meyer and, then, come down Linder to go into it at that point. Reich: I think it's a fair point -- or a fair question to raise. Again, the traffic study doesn't address how many cars may be using that and I would be curious to that as well. It's -- I think it's a fair point. De Weerd: Any other questions from Council? Bird: I have none. Meridian City Council April 16, 2013 Page 12 of 66 De Weerd: Okay. Reich: Thank you. De Weerd: Thank you. Tom Dater signed up for. Good evening. If you will, please, state your name and address for the record. Dater: Yes. I'm Tom Dater. I live at 698 East Laguna Shore Lane in Eagle. De Weerd: Thank you. Dater: And being over 30 I'm not going to try to mess with this computer thing, I'm just going to talk. De Weerd: Okay. Dater: When Fred Meyer came in that whole intersection changed its design and the full access that had been granted off Linder into this property was, then, removed and they put a median down the center and as a result it started to restrict the accessibility, so in looking at this putting aright-in, right-out where it's proposed is not really anything new, it's sort of saying this is the way things are going. I'm not using it as an example or saying what Eagle does Meridian should do, but Fred Meyer has two full accesses and a right-in, right-out, which sort of puts this property at a -- I will say a competitive disadvantage, because the only way you could get in there off of Linder would be to come toward the south and make a right in. If you're going north on Linder the only way you can get in is to make a u-turn and that u-turn is on a fairly heavily traveled arterial. There is a church scheduled to go in just north of there a little bit. That's going to create more traffic. It's a very convoluted issue. So, then, I think if you have to go up to the light on Chinden -- I can't remember the name of that street. Long Lake. Okay. And come back around, now you're putting a huge amount of traffic through a residential area and the golf course that may have pedestrian traffic or even a golf cart. I don't know. But I'm thinking the construction traffic, as well as the usage traffic, is really going to be sort of negative or a danger and I know one of the issues here is safety and I can't imagine if I lived in that subdivision that I would want to see -- I don't know what the car count is going to be -- 10,000 cars a day if it is or concrete trucks and guys in their pickups racing through there to build something. To me it is a danger not to put in the right-in, right-out and it's really sort of necessary and so I'm supporting a hundred percent the right-in, right-out philosophy. De Weerd: Thank you. Jeremy Amar. Okay. Signed up in favor. Don Knickrehm. Don, I'm very curious as to how you say your last name, so if you will, please, state your name and address for the record. Knickrehm: My name is Don Knickrehm and my address is 601 W. Bannock in Boise. Meridian City Council April 16, 2013 Page 13 of 66 De Weerd: Thank you. Knickrehm: I'm representing the current owners who are selling to Mr. Amar and his development company and so I wanted to address the issue of the variance and the right-in, right-out. Our understanding is that the Council can only grant a variance if it will not grant a special right or privilege that's not otherwise allowed. If it relieves an undue hardship because of the characteristics of the property. And, thirdly, it will not be detrimental to health or public safety. We think that this circumstance meets all of those requirements clearly. The key is the site history and the development that's occurred over the last seven years. This Council or your predecessors approved the Knightsky Subdivision in 2006 with a development agreement and you have seen -- I don't know how to work this thing, but you have seen the picture of the Knightsky approval. There was a boulevard that ran from the northeast corner of the property on Linder across -- and it was a divided boulevard -- straight shot across, so there was no face-on residential housing at all on that boulevard and, then, it turned into the light at Long Lake. It was a totally different circumstance. And at that time ACRD had approved a full access with cleft-hand turn bay on Linder for this site and so that was a very different circumstance than what exists today. Since 2006 when Knightsky was approved the intersection has become a major commercial intersection with the development of Fred Meyer and the Eagle Island marketplace. Fred Meyer has a full turn access onto Chinden that doesn't quite even make the quarter mile and just last week the Eagle city council granted another full turn access to the developers of the Foxtail golf course property, which is a mixed use development, commercial and residential. So, those changes have occurred. More importantly, the -- the turning movement that now exists on Linder is very restricted, so the only way if one was going north on Linder one could access the property is with a full u-turn, because of construction of a raised median. The City of Meridian has recently approved Spurwing Challenge Subdivision and so to now get to the light from this ten acre commercial parcel -- and, by the way, in the process of approving Spurwing Challenge you also completed the rezone of this parcel. So, it's TN-C and some of it's C-C. You rezoned the rest of it C-C. So, that was just a couple weeks ago. Or a couple months ago. Does that mean I'm supposed to stop? Knickrehm: Well, may I have a minute to wrap up? De Weerd: Yes. Knickrehm: Thank you. The point is a great deal has changed, including the fact that in 2009 the city amended the development agreement with Knightsky to provide specifically that the owner developer may request a variance of this requirement, meaning no direct access on Chinden if prior approval is obtained from ITD. We think we have met that requirement. The reason that went in was because the 2009 approval with Fred Meyer, we came back to Council and said, look, we -- we need a little latitude here. So, I believe that public safety is addressed because there is better fire access, it avoids traffic through a residential neighborhood. It avoids u-turns on Linder and it lessens traffic on the arterials, because it provides neighborhood services, so people Meridian City Council April 16, 2013 Page 14 of 66 don't have to travel as far. I'd like -- if I could just have a second to address a question that was raised by Council that wasn't fully answered earlier. The question was what about ITD right of way? Actually, when the fellow that developed Eagle Island Marketplace, we did that whole subdivision. The additional right of way on Chinden was deeded by the owners of -- my clients, the owners of all of this parcel before they sold it to -- before they sold the golf course portion off. So, the right of way has already been deeded and the ITD decel lane would take that into account. I'd stand for questions. De Weerd: Thank you. Any questions from Council? Rountree: I have none. Knickrehm: Thank you. De Weerd: Thank you. Kevin Amar signed up in favor. Amar: Madam Mayor, Councilmen, my name is Kevin Amar. Address is 3681 North Locust Grove in Meridian. De Weerd: Thank you. Amar: Obviously, I'm in favor of the project. A couple other things that came up with -- and Don Knickrehm addressed this also, but in 2009 when Fred Meyer was approved there was an amendment to the development agreement to specifically come back in and request a variance if we could get ITD to accept that variance -- or accept an approach on Chinden. We spent quite a bit of time with ITD and ACRD both working on this site and on this -- I understand it's just a conceptual plan, but we wanted to bring a conceptual plan with the location of the right-in, right-out that is practical. When we first approached ITD with this right-in, right-out it was further to the west. It was a request by ITD to move it back to the east, so the traffic at the point that is here hasn't accelerated to the point where it becomes dangerous. They were concerned about safety. Obviously, we are concerned about safety and it's something this Council is concerned about as well. With this location and with the decel lane we have addressed that safety issue. We have had another traffic analysis done. ITD reviewed that traffic analysis and determined that there is no increased safety impact with this access than without this access or no significant increase. The right of way on both Chinden, as well as Linder, with buffers for landscaping and pathways has all been adequately addressed. We worked with your staff to figure out buffers for landscaping and there needs to be a pathway along Chinden, as well as an adequate landscape buffer on -- on Linder and, then, providing also sufficient right of way or for future right of way if there should be any additional needed on Chinden, as well as Linder. So, we would ask for your approval this evening. We think we have addressed the -- certainly the safety and the other issues required for a variance and I would stand for any questions. De Weerd: Thank you. Council, any questions? Meridian City Council April 16, 2013 Page 15 of 66 Bird: I have none. Rountree: I have none. De Weerd: Okay. Thank you, Kevin. Amar: Thank you. De Weerd: Shawn Nickel signed up in favor. Nickel: Good evening, Madam Mayor, Council. For the record Shawn Nickel, 1589 North Estancia Place in Eagle. Just to elaborate a little more on the history of this project, back in 2006 I brought this project, the Knightsky Estates and also the Knight Hill across the street before this -- this body and received approval. Back at that time we met and worked with ITD and ITD was not, in 2006, allowing access points on Highway 20-26. We worked with ACRD to make sure that we had designs that access on Linder to be a full access point to provide access to this development, both at this corner and, then, down at Long Lake. After we -- and at that point we did not fight or acknowledge -- or acknowledge no access onto Chinden, because at that time we understood that all four corners were basically being treated the same. No access points, except for at the half mile. So, we designed Knightsky to accommodate that. Shortly after that, 2007, 2008, I don't know if you recall, Madam Mayor, but I came to you -- actually Chris and I came to you a couple of times and -- with concerns that the Fred Meyer property was now being designed, they were going to be asking for access off of Chinden and we were concerned that now we are not on a level playing field and it was your suggestion that we come back to the Council and address it through the development agreement, which the 2006 prohibited access onto Chinden. So, in 2009 came back, I proposed the revision to that condition, removing the prohibition of that access point. Mr. Knickrehm read into the record what that new condition stated, basically, that upon approval of ITD you guys would look at a variance and so that's kind of where we are at right now. So, I thought it was necessary for you to have that additional history as to why there was no access in 2006, but we did modify it in 2009 and now with the -- when the Fred Meyer property did develop we lost that full access onto Linder, so this is -- this right-in, right-out is -- as you have heard is needed for this development to continue. I'd stand for any questions. De Weerd: Thank you, Shawn. Council, any questions? Bird: I have none. Rountree: I have none. De Weerd: Okay. Thank you. Those are the names that have signed up on our sign- up sheet. Is there anyone else who would like to provide testimony? If not, Kent, do you want to wrap it up? Meridian City Council April 16, 2013 Page 16 of 66 Brown: Just briefly. When we started down this road your staff was very helpful. They explained that they would have to recommend denial because of your policy. We started meeting with them before we heard that ITD was looking at the new policy and meeting with them and discussing what this new policy would be addressing, we waited for them to be able to approve this policy, so that we could approach them and get a favorable response. We don't have a permit in hand and the reason for that is stated in Mr. Szplett's conversation and letters that he sent. I spoke with him earlier today and said realistically Council wants to know what we need to do to go forward with the permit and he said come back with a favorable response from the Council that they are granting a waiver or the variance. I should say variance, not waiver. And that you can expect that we would have to build a decel lane and that we would have to provide some protection. He says, then, what they are protected by is that the westbound traffic is safe -- is protected, because we were in a decel lane. As those people are trying to enter our site they can continue west and accelerate and that no one tries to cross the lanes of traffic before the light and enter into that intersection. That would be a right-in. He says so that protects them and that information that our engineer in the report that he did provides them with that background. For this property to go forward as a commercial or a community neighborhood commercial site, it's a vital aspect of that. It's interesting in looking at ITD's policy they wouldn't allow this if it was us connecting to a public street. They do -- their matrix allows it, because it's a driveway and it's private. It's a private drive and restricted with the right-in, right-out. I leave that with you and seek your approval. De Weerd: Thank you. Council, any questions? Rountree: I have none of Kent. De Weerd: You know, I don't have any of Kent either, but, Kent, maybe you might want to stand there. Because I have history of this, too, and this corridor was to have a limited access. Whoever suggested we follow Eagle's lead I will not chastise you. But they -- they gave up the baby with the bathwater on that and they broke the code. I'm sorry, but state highways are to move traffic. It's not to stop every half mile and inconvenience the motoring public and that's why that corridor was studied and it was brought back by the group that limited access would -- would be adhered to by all of the governing cities along that corridor to preserve the ability to move traffic and so we wouldn't have an economic disadvantage to any one property owner. We have three corners of that intersection in our city jurisdiction that the property owners worked very well with our staff to adhere to the vision of that corridor. Yes. And when one city caves it does cause an economic disadvantage to the other three corners that did participate as envisioned in that entire corridor. I do think that Eagle did a disservice to that transportation corridor and not only that, I know that when Shawn and Chris came to us they were very willing to participate with the property owners at the four corners to come up with a comprehensive transportation plan so we wouldn't be in this situation that we are in, but the one entity that didn't come to the table was the one entity that ITD gave them everything they wanted. They put in a center median to cutoff the access to -- off of Linder and remove that. They economically disadvantaged this -- this piece of Meridian City Council April 16, 2013 Page 17 of 66 property. Paired with that was the split of the property and now I have serious concern about putting that traffic through a residential subdivision to get to a light, so they can turn left. I guess at this point it is the decision makers of City Council and -- but I think this is a real predicament that a lot of different decisions that were made has put this property into, as well as the viability of a high end residential area that connects to it in trying to -- to have a safe way to get cars to the destination of where they are going. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I do have a question for Kent. He said something that made me think. Kent, if -- if -- and I don't know what the Council will do, if they were to grant you right-in, right- out and the access point that goes west through the development accesses Spurwing Challenge Subdivision, what are your thoughts on having that as an emergency access only to that development where fire and police could access, but you can't have through traffic. Is that -- Brown: It's definitely not a game changer for us. As we looked at it I probably -- I, as a general rule, have had a hard time with bollards and those kind of things to provide that. I think if -- you know, you have an island or something there that makes it so that it doesn't look as apparent, because what you do want is you want people that -- that know and access commercial, that they know that it's there, but the people that -- the cut-through traffic are not trying to use. I differ from our neighbors to the west. I don't -- I don't catch his vision of those people driving through that development to get there. It's -- the route is -- is out of the way you would really have to be flying to make up traffic, you know, at that light, in my opinion, but, you know, how -- that light is operated because of the level of traffic that's coming north-south would be activated, so I would probably recommend that we -- we disguise it or somehow work with them to make it so that it's not as apparent, but have a connection, but that's just my personal opinion. I don't know what the developer wants. I mean if -- if it's needed to be emergency access I wouldn't be opposed to that, I guess. Hoaglun: All right. No. I appreciate that, Kent. Thank you. De Weerd: Thank you. Brown: Thanks. De Weerd: Council, discussion? Rountree: Madam Mayor, I have a question for Bill. Bill, this parcel is still under a DA; is that correct? Parsons: Madam Mayor, Members -- Councilman Rountree, that is correct. Meridian City Council April 16, 2013 Page 18 of 66 Rountree: And does the DA specifically restrict access at this property? Parsons: As Mr. Knickrehm has testified on the record, he stated that DA provision correctly in the amended DA. I would point out to Council that before this site can develop any new developer or current developer will have to come back with a DA mod to attach a concept plan, plat the property, and get some of that -- those approvals in place as well. Because there are so many DA's on this property we want to make sure going forward that we have a clear record of how this property will develop, so one of those provisions is they come back and amend the DA's in the future. Rountree: Thank you. De Weerd: I just want to remind whoever develops it is putting a big welcome to Meridian feature. I -- I have a long-term memory on this, so just -- yeah. Just remember that, Shawn. I want to make sure I remind them every time that the public record is very clear. Okay. Council, if you have no further questions for the applicant or staff, I would entertain a motion to close the public hearing if you so desire. Rountree: Madam Mayor, I would like to suggest that we keep the hearing open, because I have some recommendations that might require some additional information. De Weerd: Okay. Rountree: And if you will give me a minute I will tell you why. I don't have any particular issue with coming up with an argument for the first two items that we need to -- we need to address as part of the variance, but with respect to the safety issue and ITD, we have heard testify that it's safe and it has approval and whatnot. I have one document from ITD -- the word approval, the word approve, the word safe or safety is not in the letter in any way, shape, or form. I have not seen a layout of that intersection as proposed. I do understand that right of way has been granted to ITD with this property and the adjacent property, but I still have not seen anything that will give me any dimensions to indicate that that right of way width is sufficient to accommodate this deceleration lane or that any other improvements that might be necessary at this intersection. So, at this point I can't address the safety issue with the third item that we need to address on the variance, so I would -- at this point have to vote to deny the request, but with additional information that might address the safety issue specifically, I personally think we have got to help to get this parcel developed. It can't just sit there as it is and I suspect that that's the way it's going to sit if we can't work with the developer to get this going. But by the same token Ican't -- I can't vote for a variance if I can't address one of the critical points in the variance argument and that's the safety issue. De Weerd: Yes. Amar: Madam Mayor, Councilman Rountree, specifically -- De Weerd: If you will, please, state your name again for the record. Meridian City Council April 16, 2013 Page 19 of 66 Amar: For the record Kevin Amar. De Weerd: Thank you. Amar: To address that safety issue -- and we can certainly provide that exhibit, Mr. Rountree, and we can provide that with ITD. That was one of the main items that Dave Szplett, ITD engineer, was concerned with with safety and maybe it's something that we -- we bring back during another hearing or something during the preliminary plat layout or -- that's up to you how you want to address that, but we can certainly address that. We feel like we have addressed that safety issue. Obviously, we don't have the exhibit to show you, but I believe with that exhibit it could certainly answer Mr. Rountree's question. De Weerd: Well, we could continue this, so that you could bring that to our next -- next meeting. I think we need to -- Rountree: That would be the 23rd. Hoaglun: And Madam Mayor and -- Kevin, would that give you enough time, a week, to -- Amar: Yeah. That would be fine. De Weerd: Okay. Rountree: Madam Mayor, I don't know if any of the other Council need additional information, but that would be very helpful in -- in our deliberations and making a decision on this, because variances are -- are subject to us being able to make those arguments. Bird: I agree wholeheartedly. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I also agree with Councilman Rountree. I guess while I have the microphone I'll express my frustration at our having to deal with problems that have been created by others. As all of you who have testified know we have been working on this for many many years and trying to deal with the issues of what the traffic is going to be in the future on Linder and Chinden and this is going to be an important intersection. I agree it needs to be developed to a profitable and attractive way without messing up the traffic on Chinden and Linder, so I, too, think it would be valuable to continue and if you come -- I think what Councilman Rountree asked for was a drawing of what this intersection would look like -- the intersection and the portion adjacent to the property at full build out Meridian City Council April 16, 2013 Page 20 of 66 and I think we are thinking that's probably a seven or eight lane facility, plus your accel and decel lanes, so that would be helpful for me to see that... Everybody knows I have been strongly opposed to messing with our agreement about full access on the mile, possibly on the half mile, and if a right-in, right-out happens it's on the quarter mile. But I can see the necessity for working something out on this one. But I agree with seeing something more. While I'm speaking I will also express the opinion that I'm not in favor of closing off the through street. The people that want to access this facility will do so. I don't believe it would be attractive to use the golf course area as a cut through. I think if anybody's going to cut through they will stay on this property that we are talking about right now and cut that corner, but other than the convenience for the residences who might use this, I don't think the general public who don't live at Spurwing will go through there, so I'm not in favor of bollarding or closing or making an emergency access out of that public street. So, I gave you two opinions. Hoaglun: And, Madam Mayor, I was going to ask Kevin, since we had him up here, just your thoughts on closing or not closing. Amar: I think -- I agree with Councilman Zaremba. I think that that access point will be used by the residents more than people accessing Spurwing clubhouse or the golf course. The access that they are building into Spurwing off of Long Lake now has a direct shot to the clubhouse. It's very direct and it's very -- it's a right turn off of Chinden. If anything, the people that cut through this property are going to be the ones that live in that -- or will live in the Spurwing Challenge, the project that's being developed now. Obviously, there is always some cut through as we have heard this evening, but I don't see it as a main thoroughfare. But they did try to development or design the site in such a fashion it wasn't a straight road. We certainly want. to discourage that as well. Hoaglun: Okay. Thank you. De Weerd: Well -- and maybe, Kevin, you can work with the property owner to the west and do some -- just some brief discussions on what you could do to make that look less convenient to slow the traffic down. Amar: Yes, ma'am. We can -- De Weerd: And I guess to our public safety department I would love it if you come back next week on the same sheet, so -- Amar: We will work with them. De Weerd: Just wanted to point that out. Okay. Any other questions for Kevin? Bird: I have none. Rountree: I have none. Meridian City Council April 16, 2013 Page 21 of 66 De Weerd: Okay. Thank you. Amar: Thank you. De Weerd: Yes, Mike. If you will, again, state your name for the record. Reich: Just a few comments. I would request that maybe for the next hearing if there could be an updated traffic study that would talk about how many cars the traffic engineers feel might use that access connector between the two developments and the other question I would have is if nobody believes anybody is going to be using the connector why wouldn't we be able to eliminate the connector. Again, not for pedestrian traffic, because we think that -- I understand the city's requirement that sidewalks be contiguous and pedestrians have continuous access, but if -- you know, I'm hearing everybody say they don't think that it will be used as a cut through or that it's not necessary, so I would say why wouldn't you close it off at that point. De Weerd: Well, I would agree probably with what Councilman Zaremba said, your residents are going to use it more than anyone, because I wouldn't want to have to go down to the light and, then, backtrack back. So, maybe you can talk to the developer and talk about that as well. Amar: Okay. Thank you. De Weerd: Okay. Thank you. Okay. Anything further from Council and what you would like to see? Any additional information you need to come back at the next meeting? Okay. I would entertain a motion, then, to continue this item to the 23rd of April. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we continue Item 7-B until April 23rd. Zaremba: Second. De Weerd: I have a motion and a second to continue Item 7-B to April 23rd. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. C. ublic Hearing: 13®005 adie Creek by Sadie Creek Commons, LL Located Southwest Corner of . Eagle Road and E. Ustick oa Request: Amend the Sadie Creek Development Agreement (Instrument #108008770) for the Meridian City Council April 16, 2013 Page 22 of 66 urpose o Attaching a Concept Ian and odifying Certain Provisions De Weerd: Item 7-C is a public hearing on MDA 13-005. I will open this public hearing with staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. The next item on the agenda is the Sadie Creek Promenade development agreement modification application. The subject property is located on the southwest corner of Ustick Road and Eagle Road. It's currently zoned C-G and is approximately 14.79 acres of land. History on this property. It was -- a portion of the site was annexed in 2004 with that C-G zoning. With the annexation approval a DA was required. Also in 2005 a new concept plan, a CUP, and a plat came forward to develop this site with a mix of commercial uses, office, restaurant, retail. That is the concept plan on the left-hand side in front of you. I would mention to Council that the CUP and the preliminary plat have expired. However, the two existing DA's do govern the site and require some plans with certain provisions and that's what we are here to discuss this evening. Again, the concept plan on the left-hand side is what was acted on with the planned development back in 2005. It included 11 buildings, a total square footage of 11 -- 113,000 square feet. Buildings range in size between 3,000 square and 34,000 square feet. When these two properties did annex in together there was a requirement that the two link together to cross-access and through a consistent development theme. Here you can see the applicant -- at least on this -- the approved concept plan. There was really a disconnect with how this would interact with the Bienville Subdivision to the south. I would mention to you at the time they did submit a variance for access to Eagle Road. They withdrew that request and based on the withdrawal of that request the applicant was essentially granted three access points to Ustick Road. That you see here as well. Also, as part of that original DA there was a requirement that single story office buildings be provided along the western boundary to provide buffering to the single family homes that were developed in the Carol Subdivision to the west. Again, these are restricted to single story and eventually would transition to your more intense commercial towards the intersection and, then, again, there was no pedestrian or a public amenity for the mixed use development either. Again, the applicant is here tonight to propose a new concept plan. This plan does have more buildings, smaller scale in bulk style buildings than the previous plan. The one benefit of this proposed concept plan is that there is an actual central spine road here that connects to Bienville and doesn't allow -- doesn't require the folks to cut through the parking lot to get to Ustick Road. I think that's probably the best -- the better design concept than the previous plan. There is a central plaza area here, based on staff recommendation and working with the applicant. There is one public street access that is a lighted intersection here on that Center Point Way that was deeded by a warranty deed to ACRD. In the future the applicant will come back and plat this property as well. Again, the design concept that staff does like is that the applicant has actually done a better job separating and splitting up the parking area here. You have more streets up along the street. They definitely have a better street edge or design along the street frontage versus the previous plan. And, then, also having a smaller scale -- scaled buildings as well also adds and contributes to the look Meridian City Council April 16, 2013 Page 23 of 66 of the building and given the type of residential development occurring to the south there will be an additional need for commercial in the future. So, here again is what the applicant -- the staff is recommending to you. Some of these are recommendations by the applicant and some of them are from staff, but for simplicity purposes I have just consolidated what we are proposing. The first section is Section 4.1. It basically just states what they propose to do and that's to develop 150,000 square feet of office, retail, and restaurant uses on 14.79 acres. The original DA spoke to the Kissler annexation and the preliminary plat and the conditional use permit. As I stated to you earlier, those permits are no longer valid, so it's necessary to remove that as the amended DA. Section 5 references requirement for asite -- detailed site plan review for -- through the conditional use process. Since this time the UDC has been amended. We have an adopted design manual process, so staff shows that as no longer required for them to come back and do detailed site plan review. We can handle that through the development provisions that we are presenting tonight in the fact that they will have to come back for CZC and design review for any commercial development on the site. So, we feel that's adequately addressed through the ordinance. Provision number five basically addresses what's to happen on those western most lots or up against that residential subdivision to the west. Again, there will be single office lots only -- single story office buildings and there will be a requirement for a block wall as well and a 25 foot landscape buffer along that as well, consistent with the Bienville Square Subdivision to the south. Provision number eight is just delete that one altogether. That requires approval for the drive-thru uses. Again, adrive-thru use is not within 300 foot of the residential zone. There was another drive-thru use. That drive-thru will be deemed an accessory use and, therefore, can be approved at staff level. If it does -- if it is within those requirements it will have to come back through a conditional use permit and Planning and Zoning Commission will take action on that conditional use permit application. Provision nine is the one that I want to spend some time on. As I mentioned to you the concept plan before you this evening does show three access points to Ustick Road. The far left access point, again, is a public street. The center access point will be a full access point at this point is what we are recommending to you and, then, the eastern most driveway is a right-in, right-out only and these proposed driveways again are consistent to what's occurring on the north side of the property with the Center Point development. That's something that ACRD did act on back in 2005 with a plat. Staff did not receive any comments from ACRD on the access points for you this evening, but, again, the concession was we are not getting access to Eagle, so they were willing to take a hit on Ustick Road basically is what their recommendation was back in 2005. Two thousand -- or excuse me. Provision number ten deals with, again, limiting those uses to certain properties and the scheduled use in the UDC -- anything that's permitted would be allowed to go in, anything that requires a conditional use permit would go before P&Z. Number 12 is a new provision that staff is recommending. Basically because this is commercially zoned property the applicant is not required to plat the property, but in discussions with the applicant they wanted to have the ability to at least obtain approval of two certificate of zoning compliance applications before they process this final plat -- or the preliminary plat and the final plat. Staff felt that was an appropriate request and so, basically, what we have done is we have recognized -- we will give you two CZC approvals, however, before getting the Meridian City Council April 16, 2013 Page 24 of 66 other CZC approvals you must have a recorded plat and that central drive aisle would have to connect from Bienville Square to the south and Ustick Road to the north. Provision number 13 again is staff's recommendation to you. As I mentioned to you, a portion of this site is subject to one DA and a portion of the property is subject to another DA. So, what we want to do is basically remove this property and, then, just have it subject to the DA back in 2005 and the amended DA that we are proposing this evening. And, then, number 14 is a requirement that they comply with their submitted concept plan that I have depicted before you this evening and that they provide a central plaza area or pedestrian amenity and, then, also will have legal attach a new legal description that explains the parameters of the property and a concept plan will act as that exhibit to govern that moving forward. Staff did receive written testimony from Matt Schultz. He is in agreement with the recommended changes before you this evening. There are no outstanding issues before you this evening and at this time I would stand for any questions you have. De Weerd: Thank you, Bill. Council, questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: The DA that would be eliminated in Item 13 I believe it was, that doesn't include anything like fences or whatnot that might be applicable to this property as well? Parsons: Madam Mayor, Members of the Council, it does not. When that -- when the portion of this property came before you in 2004 they only had a bubble plan for how they were to develop the site and that's why you have had acondition -- or staff recommended that DA provision that they come back with either a planned development to show you a master concept or go through individual detailed site plan review through the conditional use process. Now that we have a concept plan, now that we have a new ordinance in place, a new design review procedure we feel confident that that's no longer applicable to develop the site. Rountree: Madam Mayor. Another question for Bill. The three access points that are shown on the concept plan are consistent with the access points that are there? Parsons: Madam Mayor, Members of the Council, there is -- there is curb cuts there, but the access point -- the two access points on Ustick north of the public -- or east of the public street aren't constructed, only the public street is constructed at this time. Rountree: Right. Right. The curb cuts are there. Parsons: The curb cuts are there. Correct. Rountree: And on the corner of Ustick and Eagle, the northern corner there, there is no indication on the concept plan that that would be landscaped or otherwise. Is that just Meridian City Council April 16, 2013 Page 25 of 66 an oversight or is something planned for that area that would not be landscaped and bermed? Parsons: Madam Mayor, Members of the Council, Councilman Rountree, I believe it's an oversight. The applicant will be required to do a 35 foot landscape buffer along that roadway segment. Rountree: I see Matt shaking out there in the audience, so -- thank you. Parsons: Yes. De Weerd: Mr. Hoaglun. Hoaglun: Madam Mayor. Madam Mayor, question for Bill. That central plaza landscaped area, is that a requirement or did they just put that in? Parsons: Madam Mayor, Members of the Council, Councilman Hoaglun, this property is designated mixed use regional on the Comprehensive Plan. At the time that this came forward we didn't really have a requirement for those type of pedestrian facilities -- amenities if you will. Because the applicant is opening up the DA and wanting something different we felt it appropriate that we have something in -- as part of this development to have a more consistent plan with the Comprehensive Plan, so that was a suggestion of staff for them to throw that in. They obliged staff. Although it's not in the ideal location for the development, staff has encouraged them through the staff report that when they develop this they should look at a better suited site for the central plaza area adjacent to the drive aisle in the middle of nowhere. They should try to link that to some of the buildings in the development as well. And I think they are in agreement with that as well. Hoaglun: Thank you. De Weerd: Any further questions for staff at this time? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I guess I'm remembering something differently than the way I heard you say it and that is when Center Point Road -- is that what the signalized street is? That was established to be a backage road, which was atrade-off for giving up some accesses to Eagle, but it also meant that all of the accesses between there and Eagle Road would eventually be right-in, right-out was my recollection and it disturbs me that we are talking about one of these driveways being a full access. The driveway opposite is the access in front of Kohl's, which is also at the moment not restricted. It's able to do that. So, the other driveway to the right I believe does have curbing that acts like an island, so the -- the driveway to the north and the driveway to the south into this property that Meridian City Council April 16, 2013 Page 26 of 66 are closest to Eagle are already right-in, right-out, but my recollection was that as development occurred and as traffic on Ustick increased, this other driveway was going to be right-in, right-out as well and I suppose I don't have a problem saying that may still be okay traffic wise today, but I think we need to have protection and maybe some discussion with ACRD that at some point they may become right-in, right-out and that's why the signalized intersection was supplied as a backage road and I don't know if we need to have a discussion right this minute, but I keep getting Justin involved before the applicant has made their statement. I don't know whether that's appropriate or not. will let Madam Mayor decide that. De Weerd: It's not appropriate. Zaremba: Okay. I will ask my question later. De Weerd: Okay. Thank you. Anything else for staff at this point? Yes, Mr. Rountree. Rountree: Madam Mayor, thank you. Bill, you mentioned the drive-thru as it relates to this application and any future applications and I have got to tell you that directly to the east of here on Ustick the access into that particular development has some drive-thrus that are immediately inside that development and they are a mess, particularly on a busy week night and generally on the weekends there is a tremendous amount of conflict with queuing for getting into the parking lots of -- and into the areas of the drive- thrus and traffic trying to turn into the development itself and I think we need to take a really hard look at that in allowing drive-thru operations near the entryways of these developments, because that one is -- it's already a problem, but it's going to get worse and the other thing -- and this has nothing to do with Matt and his application, but we talked about right-in and right-out on several occasions this evening. The right-in and right-out solution that has been used simply doesn't work and I would recommend that staff get with ACRD and even ITD and develop a solution that does eliminate and discourage people from driving through the pork chops that they have been using in the past. They just don't stop people from making that move. You can drive around them very easily and people do and we have seen aerial photos of them doing it here in other applications. So, if you would put that on the list of something to address in the future. Parsons: Certainly. Rountree: That just reminded me of that. Thank you. Thanks, Madam Mayor. De Weerd: Okay. Would the applicant like to comment. You almost thought we were on a different topic, uh? Rountree: Well, we were off topic. Schultz: Good evening, Mayor and Council. Matt Schultz, 8421 South Ten Mile in Meridian. Here on behalf of Sadie Creek Commons, LLC. Meridian City Council April 16, 2013 Page 27 of 66 De Weerd: Thank you, Matt. Schultz: Thank you. I was not involved in the original approvals of this back in -- in two stages, I guess. Annexation, DA, 2004, 2006. The actual DA was signed in 2007, recorded January 2008. Kind of took a little while, but I guess finally got it recorded, which happens sometimes -- you know, the DA's, too, to go through the process and with the economic downturn I could see how the owners were probably kind of dragging a little bit, but what we see here is a result of somebody that came in first on the corner and did a plan, got it approved, and, then, sat while people around them moved ahead. The Bienville Square people to the south, they worked out some cross-access easements with each other and kind of solved the no Eagle Road access as a little too close to Ustick to safely get an access into the site -- this particular site in the middle like it was originally designed and what you really see is the flow of that original site plan kind of -- you could see they just eliminated the Eagle access and left the flow the way it was really designed, so let's just approve it, we will fix it later with -- you know, when we come back. I mean I could just see that happening reading between the lines of how that site plan was done. So, when I picked it up and looked at it, we got with Cornell Larsen, architect, read through this -- read through the history, read through the DA, said, you know, the Eagle Road access, don't even try, especially at the current speed limit, it's just not safe, and that was kind of our deal. We didn't want to move ahead on that. It's essentially a cleanup of the DA that we are asking far and what really drove this was there is three parcels out here and it's zoned C-G, has a DA, it's annexed into the city, all the utilities are everywhere around this thing, the stub streets are cut in with Ustick. Ustick was actually widened and those curb cuts put in after this was approved in the locations that they show it. To Councilman Rountree's comment about the curb cuts, they are where we show them where they were actually widened after this original one was approved. So, there is not too many ways you can slice or dice this thing. Commercial sites generally evolve as different tenants may or may not come in and pick which pad they want first, who is your anchor and so we really wanted still to have some flexibility, we are considering this apre-preliminary plat, if you will, concept plan to show the -- the accesses, which are important, which are the north-south. One's existing and one will be constructed, kind of show the general configuration and it was originally approved for up to 150,000 square feet. We are not changing that condition. I doubt we would ever get there, because if you -- Cornell Larsen did several iterations and to provide the parking required -- not necessarily by the city, but by the tenants and users, this is kind of what you get with many buildings and uses and four to five stalls per thousand square feet and those things. Two around 110, 115. The only way to get more would be to do like maybe two big ones. In the original DA, which is what we are sticking with, except for some modifications, did allow up to a 75,000 square foot building. You can see we didn't even get close to that. But we would still like some flexibility moving forward. That north-south spine street could wiggle a little bit differently, but it's still going to get to Ustick and it's still going to get to the south and there is going to be a central complex area or a median area, whatever you will, somewhere in the middle, we are not sure quite yet. This is -- this is still a concept that at least cleans up the old concept, speaks to the landscape buffers and, Councilman Rountree, that I think was just an auto CAD oops, some trees got left off there, but that Meridian City Council April 16, 2013 Page 28 of 66 was mentioned going around there and, really, the big deal was we want some flexibility in the timing of getting going on its momentum and so we are here to ask you for the ability to get going to the three parcels out there in accordance with C-C zone, the CZC process, design review, whatever needs to happen in a month or two before we have to go to full blown preliminary plat, final plat, recorded plat. And it may -- it may end up that it just happens that way anyway, then, we -- because I suspect we are going to get going on a preliminary plat pretty soon, but we just wanted some flexibility. It could save three months, six months and I don't think the city loses any control over what goes in there. I think it still gives us flexibility to -- to get some things going and while we were doing that we looked at the 11 conditions of the development agreement and stepped through them. I propose my -- leave this as is, leave this as is, leave this as is, let's tweak this, let's delete that and, then, Bill has some of the cross-outs and re- tweaks. So, it's a little confusing, but I think it's just fairly straight forward stuff. We are not changing the block wall. We don't want to change the block wall in DA's. I have learned that lesson. I have seen people try to go through that process. We don't want to change that. Single story on that side. Landscape buffer on that side. That's -- that's fine. There is really no changes, other than just cleaning it up for the City of Meridian's new process, this is how you look at -- how you look at the conditional use process or don't anymore. How you look at -- at drive-thrus, which I do agree there needs to be special attention paid to those -- those type of plans and how they come in and how they take access. It gets to be a mess. I do agree with that. But what we are really proposing here is a simple cleanup of the DA, it gives us the flexibility to choose to move forward to -- but before we do anymore than that we would have to come back with a preliminary plat, final plat, you know, bill everything to record the plat and move forward and that may happen anyways. We are in concurrence with staff's revisions of our proposed revisions and additions and we believe it's appropriate for that. And speaking to the access, Councilman Zaremba, you mentioned -- I believe at the time you were on Planning and Zoning, if I read the record right. I'm not sure. And, unfortunately, the way I read it I couldn't find it. I was looking for it real quick. It did talk to the fact that those two would be full right-in, right-outs. The one signalized, the one unsignalized -- let me back up. Full access. One signalized. One full access unsignalized. And the one closest would be a right-in, right-out and it kind of -- when they did the Ustick Road widening they kind of extended the -- the little dividers, not really a raised median, but it's the little -- the cone things or whatever you call them -- back to make that aright-in, right-out. There is no other way to treat that one and ACRD -- I believe it was in the ACRD staff report, they -- they granted that. There was a lot of discussion about Eagle Road and that was squashed and that's said three different ways in the DA and we are not challenging that, but there will be Eagle Road access. The owner does reserve the right, obviously, to come back later, if he so chooses, ask for maybe aright-in only and maybe if the speed limit reduces at some future date, but we are not here to ask for that tonight and you guys -- you may reserve the right to be told no, too. But they could ask and -- later, but right now we are not asking for anything to do with Eagle Road. We think that would not be appropriate at the current speed limit. So -- so, with that I hope it's -- it's simple enough to say, hey, we would like the flexibility for two -- the two CZCs and we are just cleaning up -- making it a clean legal description, a clean stand-alone DA and I know Bill was happy to Meridian City Council April 16, 2013 Page 29 of 66 have a clean file if this goes through for moving forward. It's -- there is not a lot of what the heck are we going to do with that condition of approval. You know, we will just kind of clean it up. So, thank you. De Weerd: Council, any questions? Bird: I have none. De Weerd: Mr. Zaremba. Zaremba: Madam Mayor. Thank you for all you have done on this so far. I'm -- it's been a long project. I know. Just in looking -- this is something we are beginning to deal with all over where we have residential behind major buildings. In other words, residential and public streets that are looking at the back of the building. Are you going to propose or are you proposing any treatments that makes them a little prettier than just the back of a building? Schultz: Mayor and Councilman Zaremba, we -- we haven't got that far, but, obviously, with the entrance coming off of Eagle, that back side actually becomes almost a de facto front and, really, something does need to be done there and we haven't got that far along in the -- in architectural treatment. We realized that from day one that with this access shifted south coming in that we are cognizant of how that looks. There is a landscape -- a little landscape up on our side, another one on their side, plus a road on their side, so there is some separation, but to say we are not going to do anything is -- we do want to make it look nice, Councilman Zaremba. We just haven't got that far yet in the process and I'm not sure what process, is it the design review or the view -- we would look at those. That would be the avenue that those things would be discussed through I believe at that time. Zaremba: Great. I just wanted to know that you're being sensitive to that, so thank you. Schultz: Appreciate it. De Weerd: And because we have seen this a couple times before. I think this is a great clean up. I do like the addition of your central plaza and, you know, I think Council and the neighbors -- we saw this as a quality application with the elevations that were attached to it and such, too. So, this does answer some of those circulation questions that have been kind of a bugaboo. That's a technical term. But, you know, I do commend you for bringing back a -- I think what looks like a better project. So, thank you. Well, thank you, Matt. Schultz: Uh-huh. De Weerd: This is a public hearing. Is there anyone else who would like to provide testimony on this application? Yes. If you will, please, state your name and address for the record. Meridian City Council April 16, 2013 Page 30 of 66 Grant: My name is Steve Grant. My address is 1534 Leslie Way. My property is on the west -- western boundary and we have been here a time or two before. De Weerd: Yes, you have. Grant: As you may recall. De Weerd: Yes, we have. Grant: Just a little bit of history. I'm pleased to hear that Matt provided testimony that they would continue the block wall. There is a couple of things that I think are important to note about that wall. It is not on the property line, it's four feet onto their property, which, in essence, made my backyard four feet bigger and to mitigate the -- the landscaping issues there with the folks -- Idaho Mutual Trust, who assumed responsibility for Red Creek when they defaulted, there was -- there was a landscaping allowance provided for -- and it was negotiated separately with these property owners to mitigate those -- those -- the fact that your yard just got bigger and needed to have something done with it to make it attractive and so I would -- I'm certainly in favor of -- of what they proposed. I think that's -- again, as long as the wall is extended -- it was never built properly, as you may or may not be aware, but it ought to be continued with the same construction it has now. It's actually higher than it was designed, which when you're in your yard you really can't see anything on the other side. So, in terms of the residential buildings I would think that provides some relief from -- from any transition issues that might be incident to, you know, commercial buildings being there. So, again, continuing the wall is -- is -- I'm pleased to hear that. Some kind of a landscaping allowance for the property owners that are affected by that would be appropriate and should be considered by -- by the developers. The other thing that we -- we talked about previously was making sure that the lighting in that area had residential shields on it, so that they are -- we could mitigate the effect of tree lighting and other lighting that might be required for commercial properties. And if I could just comment on the -- the issue that was raised about access from Ustick. As you gentlemen have properly stated -- and being a resident there, that is already very congested and you don't have people coming out of this proposed subdivision, so, you know, you would take a situation that's highly congested and if you allowed somebody to turn left to go west on Ustick, now you really got a safety issue. So, I think you have raised the proper concerns and that would I think need some work, because I think that would become a serious problem, because the road also being so narrow and there is not really a median there for any length of -- you know, any space that will allow, you know, people to -- the time to get into it -- or to be able to merge with traffic going west. That's all I had. Thank you. De Weerd: Thank you, Steve. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Steve, we do have a question for you. Meridian City Council April 16, 2013 Page 31 of 66 Zaremba: Just a minor one. My recollection is this is about the -- the block wall. Grant: Uh-huh. Zaremba: One of the issues was -- is I think everybody's understanding was that the decorative side of the wall was supposed to be towards Leslie and that -- Grant: It was actually supposed to be two sided. Zaremba: Oh, was it two sided? Grant: Yes. Zaremba: But at any rate -- Grant: You can imagine how it was constructed. Zaremba: -- the current wall apparently got constructed with a plain side towards Leslie. Grant: Plain side and no decorative cap stones or anything like that, so -- Zaremba: So, I guess my question is as this last portion is completed would you prefer that it look like what you already have or would you like to have a decorative side on your side? Grant: Yes. I think it would be -- it wouldn't be right to make it different and, then, it would really stick out. So, I think, yeah, that would be appropriate. Zaremba: Thank you. De Weerd: Okay. Any other questions? Thank you. Grant: Thank you. De Weerd: Before I ask Justin to come up, is there anyone else who would like to provide testimony on this item? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I'm sure Justin remembers my question, but I just wanted to comment. We have actually had this conversation over the years several places along Ustick. Over by Meridian Road as well. As Ustick develops and grows there may be a number of driveways that currently have full access that will lose it and I guess the question is Meridian City Council April 16, 2013 Page 32 of 66 even if it's allowed today, is there a point at which ACRD has the power to say, no, this can't happen anymore and does that happen? Lucas: Madam Mayor, Members of the Council, Justin Lucas, Ada County Highway District. 3775 Adams Street, Garden City, Idaho. The answer to the question is yes. Absolutely. ACRD in the past has allowed full access with a provision that it will be transitioned into right-in, right-out when traffic warrants it. Is that the case at this specific location? I'm not sure. I didn't -- I have -- I don't have the original report in front of me. To be honest, I don't even know if it's been acted upon for this property, because this property has never gone through a platting process and so ACHD really doesn't have an opportunity to provide those comments until an official application that goes through the ACRD process happens. That having been said, ACRD reserves the right to close any access they want if there is a safety issue. I mean the highway district has the ability to close access points that have existed for a long time as full accesses and turn them into right-in, right-outs regardless of the approval of that access. No access is guaranteed as full access. Obviously there is lots of them that will always remain that way, but through projects and through the widening of Ustick Road and as traffic continues to change and the conditions change, ACRD can do specific studies and put in a raised median, just like ITD did right down the center of Eagle Road. I don't know when that's going to happen on Ustick. I don't know when those warrants will be met, but certainly ACRD reserves the right for safety purposes to close off access points. We could certainly -- when the -- this project goes through a CZC or a platting process work with your staff to find the exact -- to get recommendations on ACHD staff on that issue. It could potentially affect the site design if, indeed, ACHD comes back and says, you know, we think we need to do this right now and we need to do it when this project is built. That could have some impact on site design. But as I stated, the MDA isn't the place where ACRD usually makes those comments, we wait until there is amore imminent application, such as a CZC, such as a preliminary plat, something that we have a chance to comment on those directly. I hope that makes sense what I'm -- what I'm saying there. Zaremba: It does and thank you. Lucas: Thank you. Zaremba: Always happy to have you here. De Weerd: Any other questions for Justin? Bird: I have none. Rountree: I have none. Thank you. De Weerd: Thank you. Again, this is a public hearing. Is there anyone who would like to comment on this item? Meridian City Council April 16, 2013 Page 33 of 66 Parsons: Madam Mayor? I'm sorry to interrupt. De Weerd: Bill. Parsons: Just some points of clarification for Council as well. You can see here the recommended provisions that we have before you and if you look at number nine again, it doesn't vest them with full access or anything for that central access point, it's just here just on record that that's what it will be at this point. Again, ACHD, based on what we have presented to you, merely just states those are the access points that are approved there. So, if ACRD or staff feels moving forward that that needs to be restricted, you can certainly entertain that and look at that again with the subdivision process. The other thing is is our code asks -- requires Council to grant waivers or additional access points to arterial streets. I mean this is a development agreement modification. If it is your desire to have that as a right-in, right-out, you can certainly add that as a provision tonight and the recorded -- or as part of the record and can add that provision as well. So, there is nothing set in stone that says that's going to be full access for ever and ever, it's just basically those are the curb cuts that were approved with the widening and that's how the provision's written. The other issue is if we go back to your design review comments, as the applicant stated, there aren't official elevations before you this evening, but the applicant will have to go through a design review process and certainly staff will pick your -- your recommendations and your advisement when you review those elevations and remind the applicant that along at least those portions along the street he should have -- try to incorporate four sided architecture where possible. De Weerd: Okay. Thank you. Matt, do you want to wrap this up? Schultz: Thank you, Mayor. I appreciate ACHD's comments on they reserve the right to do whatever. At that time -- De Weerd: You want to restate your name? Schultz: Matt Schultz. De Weerd: Thank you. Schultz: -- to -- in the interest of safety and how things are going right now we would like to -- if possible, just leave it as it is, acknowledging that there is more stuff to move forward before the full blown site gets developed, that -- through the CZC process ACRD would have the ability to comment on that. I was looking back to the file. The original traffic they did have that as a full and (believe -- I believe ACRD had approved it as full, but subject to always, you know, hey, that was back in 2006, 2007, we are now 2013 -- yes, 2013. You know, it's been a long time. So, things change. Has it dramatically worsened? I'm not a traffic engineer to make that call. But we do know that we want some interconnectivity. That's what we are showing on the concept plan and we acknowledge the -- it will be subject to whatever access standards need to be Meridian City Council April 16, 2013 Page 34 of 66 met at that time that the zoning permit comes in or comes through. As far as a block wall is concerned, the gentleman -- I can't remember his name, he did show up at the neighborhood meeting, which is nice, to -- to convey his thoughts on the block wall and the special circumstances that they went through during the previous developer to the south process and that he was okay just continuing what was already done out and in the same way just to make sure -- you know, just really jump out if something's dramatically different and either way we are open to whatever makes sense. You know, we want to get along with our neighbors if possible and those are the key things about these applications. That, obviously, is how you get along with your neighbors. We want that to go as smoothly as possible. So, with that I think it's a good step. It's a foundational step to get this thing cleaned up -- the DA cleaned up and we are asking for your favor, to give us the ability to have the two CZCs prior to the final plat and we would ask for that to be part of the -- in accordance with what staff has put together. So, thank you. De Weerd: And, Matt, I would assume that with those two CZCs you put in all of the sidewalks, the infrastructure; right? Schultz: Mayor, if they want to do a -- like a little office on the very west side, then, the sidewalk pertaining to that -- to that section, it was appropriate to do that, that would be put in at that time, as would any -- I think what it comes down to is the parcels that are the three parcels that are there would probably reconfigure through a parcel boundary adjustment and the frontages on those parcels would be improved to your -- to your requirement standards of the zone and through your process for that. But if we were going to do a little medical office building back in the -- a single story back in the corner, just to do all the frontage on Eagle and Ustick, that was never our intent to -- to be -- to do that and full landscape buffer for the whole quarter mile frontage. That was never the intent with those. We just did it for that section that was developed. But if that so be your requirement, then, that would be something that we would not totally say we are going to take a denial over objecting to that. De Weerd: I guess I wouldn't be so concerned on Eagle, but certainly on Ustick. But that's just my -- Schultz: If that's going to be your recommendation that we put in the frontage sidewalk -- the curb and gutter is there, but the sidewalk is not, if you drive -- I believe if you drive down there and the curb cuts, but there is no sidewalk yet the way it sits right now. So, that is a valid concern that if something came in over here would you connect the sidewalk from our -- our west boundary to whatever commercial or use you are proposing to provide that access and that would be something that could be required through the -- through the CZC process to get that there. ACRD is undertaking a widening from I believe Locust Grove -- is that the next one over from Eagle? Up to our -- our west boundary line very soon. They have even asked us for a little bit of sidewalk easement for them to do that section between Center Point and our west boundary with their project, to put the sidewalk in there with theirs, because this could -- I mean I hope it moves forward quickly, but we just don't know until somebody goes, so we -- on behalf Meridian City Council April 16, 2013 Page 35 of 66 of the owner they are -- they do -- you have several interactive parties. This is the last corner available out there and there is a lot of interest in it. It is a little bit access challenged, but it still works. So, we are hopeful that we do see this go fairly quickly and the two CZCs may to the point before we are done and may just go straight to preliminary plat on the timing before we are all done if it goes that fast, so -- thank you. De Weerd: Okay. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Matthew, the -- my idea of a landscape allowance for apparently additional property that -- I don't know if it ultimately got deeded or if it's just kind of an adverse possession or what's going on with that property. Schultz: Yeah. Mayor and Councilman Rountree, my experience with this -- and I believe it's what happened over here, it's happened where your fence doesn't go on our property line and it really becomes their property. What you do is you grant an exclusive easement to that person for their use only of whatever is behind that wall, even though technically it's owned by this parcel. So, that means you're not moving property lines or doing anything too drastic, you're just granting an exclusive easement and improving that to -- and I have done this on another site -- putting in some sod or sprinklers and rocks or whatever -- whatever works for -- I believe there is two lots there that back up to us and that's reasonable. You know, I don't think it's a big area that we are talking about to go and cover that up with dirt. Rountree: Okay. Thank you. De Weerd: Anything further from Council? Thank you. Council, if there is no further questions for the applicant or staff, I would entertain a motion. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we close the public hearing on Item 7-C. Zaremba: Second. De Weerd: I have a motion and a second to close the public hearing on this item. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? Meridian City Council April 16, 2013 Page 36 of 66 De Weerd: Mr. Rountree. Rountree: I move that we approve MDA 13-005 for Sadie Creek, subject to all staff and applicant comments. Bird: Second. Zaremba: Second. De Weerd: I have a motion and a couple seconds approving Item 7-C. 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. D. ublic Hearing: Public orks Department, nvironmental Division Fee Schedule De Weerd: Item No. 7-D is a public hearing with our Public Works Environmental Division fee schedule. I will go ahead and open this public hearing and ask for staff comments. Generally we have staff kind of introduce their item for public comment. Mangerich: I'm introducing the fee distribution of 75 dollars to be attributed towards planned review from our pretreatment staff and 75 dollars for a final field visit. De Weerd: Okay. And these are two new fees? Mangerich: This is a preexisting fee which has been split into two separate functions, thereby, there is no increase in fee, but a more appropriate distribution of the fee attached to specific service. De Weerd: Thank you, Mollie. Any questions from Council? Bird: I have none. Rountree: I have none. De Weerd: Thank you. Is there anyone who would like to provide testimony on this item? Rountree: Seeing none, Madam Mayor, I move that we close the public hearing on Item 7-D. Meridian City Council April 16, 2013 Page 37 of 66 Bird: Second. De Weerd: I have a motion and a second to close the public hearing on Item 7-D. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. esolution o. 13-919: doting ublic orks Department, Environmental Division Fee Schedule De Weerd: Darn, you know, you got off way too easy. I think we should have invited people in just to testify. Okay. Council, what would you like to do? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 7-E, Resolution No. 13-919. Bird: Second. Zaremba: Second. De Weerd: I have a motion and a second to approve the resolution on 7-E. If there is no discussion, Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Noaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. ulic Comment: Large- cale pedal vents Update t 1°eorry Use Code De Weerd: Item 7-F is a public comment and I will turn this over to Madam Clerk. Holman: Thank you, Madam Mayor. This is the second and possibly third reading of this. These proposed changes to our large scale special events code. We haven't received -- or I don't believe anyone signed up for public comment tonight, so we are just asking for -- just ask for it to move forward at this point. De Weerd: Council, do you have any questions for Jaycee? I know that she did her presentation on this earlier. Meridian City Council April 16, 2013 Page 38 of 66 Rountree: I have none. De Weerd: Is there anyone who would like to provide comment on this item? Okay. Rountree: Madam Mayor? Seeing none, I would move that we close the public hearing on Item 7-F. Bird: Second. De Weerd: I have a motion and a second to close the public comment period on Item 7-F. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. econ eadin of rdinnce o. 1®1 Lar e® cl pedal vents Update to Temporary Use Code De Weerd: Madam Clerk, will you, please, read Ordinance 13-1549 by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 13-1549, an ordinance of the City of Meridian amending -- amending Meridian City Code Section 3- 4-1 relating to the definition of special event. Amending Meridian City Code Section 3- 4-3A6D regarding standards for denial of temporary use permit applications. Amending Meridian City Code Section 3-4-3C6 relating to large scale special events 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 second reading. Council, if you do not want to waive a further reading, I will put this forward for the -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: May I ask Mr. Nary -- to include this -- while it is just on the agenda, the second reading, can we advance to third reading, too, with no -- seeings how we had no public comment and we closed the public comment? Nary: Madam Mayor, Members of the Council. Normally you could do that, but you did notice it only as a second reading, so I wouldn't recommend that. You don't have to take anymore comment, so we could put it on for third reading for approval next week. De Weerd: Okay. We will be on for the third and final reading on April 23rd. Thank you so much, Madam Clerk. Item 8: Department Reports Meridian City Council April 16, 2013 Page 39 of 66 olice Department: udget Amendment for Spending uthority on Two UL (Enforcement of Underage Drinking Laws) rants Awarded to Meridian Police Department for a of-to- xcee mount of $10,410.00 De Weerd: Okay. We now move to item 8 under Department Reports and ask for our Police Department comment on Item 8-A. Overton: Good evening, Madam Mayor, Members of the Council. I will try to be as brief as the previous two. I come to you tonight with a budget amendment, not to request money, but to ask for spending authority. For the third year now we have received two grants from the Department of Juvenile Corrections, they are called EUDL grants and EUDL stands for the Enforcement of Underage Drinking Laws, and both of these are grants. The first one is in the amount of 3,000 dollars. We used that grant -- we actually put our grant together with Drug Free Idaho to combine the money to do public education prior to high school graduation. We try to do the parents who host last year. We do programs where we try to get out and educate families, both the kids, the students, the parents, grandparents about the hazards of drinking as we get closer to the senior prom and to graduation. That can be slides in the movie theaters, that can be billboards, that could be inserts in the newspaper -- they get very creative on the different ways that we can put that public outreach out and that's what that 3,000 dollars will go towards. And, again, we are going to partnership with Drug Free Idaho again this year. The second one for 7,410 dollars is the money we use for our alcohol enforcement team. That is a team that's run by Sergeant Stacy Arnold that does all the compliance checks, the shoulder taps, all of the various other undercover activities we do to make sure that we are getting compliance from liquor stores, from all of our outlets that sell various alcoholic beverages and also compliance checks on the kids themselves. We have also included in the past two years checks on cabs and delivery services to make sure they are not delivering alcohol to minors within our city as well. So, that's the basis for how we are going to use those monies going forward and I stand for any questions. De Weerd: Thank you, Lieutenant Overton. Any questions from Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the budget amendment for two EUDL, Enforcement of Underage Drinking Laws grants, in a not to exceed amount of 10,410 dollars. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 8-A. Madam Clerk, will you call roll. Meridian City Council April 16, 2013 Page 40 of 66 Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. ulic ®rs: ecycled ater Plan Update De Weerd: Item 8-B is our Public Works Department and I will turn this over to Warren. Stewart: Good evening Madam Mayor, Members of the Council. Several months ago we and -- in another meeting, had a discussion regarding the reclaimed water program and what we have learned about that program and also where we wanted to go and as -- the clerk is handing out a map that we will allude to or that we will go to here in just a few minutes. It wasn't going to show up very well on the presentation, so we wanted to make sure you had a large enough copy to make some sense of it. And so tonight what's going to happen is I'm going to give a brief bit of history and just kind of a status report on where we are in the reclaimed water program and, then, I'm going to turn the microphone over to Clint Worthington and he's going to talk a little bit about what we have done since that last meeting to decide -- to prepare for development of the reclaimed water program currently and how we might address some of the issues and concerns coming up. So, there is sort of the agenda. Currently recycled water system I'm going to talk a little bit about the regulatory environment that we are currently in and how that affects reclaimed water. A little bit about our existing systems, the boundaries and limitations and also the boundaries and limitations for the future program and, then, turn it over for some logistics to Clint Worthington. Next slide. And some of this information may be fairly familiar to you, so I'm going to try and be as expeditious as I can and get through this, especially considering the hour. We currently have a 1,600 gallon booster station at the wastewater treatment planted. There is two 800 gallon a minute pumps. One of those is a redundant pump, so the actual capacity that's -- you know, that's a deliverable capacity of the booster station is 800 gallons a minute. We have two 500,000 gallon storage tanks, 12,000 lineal feet of 16 inch main -- essentially 7,000 lineal feet of 12 inch HDPE and about 4,500 -- 4,400 lineal feet of 12 inch PVC main line and our current investment total in reclaimed water with all that we have put into it, both at the wastewater treatment plant and infrastructure in the ground is about five and a half million dollars. We have -- I want to talk just a brief moment about the evolution of our current permit. As you may recall we initially had received a small site permit for a program at Heroes Park and we started that Heroes Park for the pilot program. After we obtained that permit we went for a larger permit -- for a larger area or larger portion of the City of Meridian and with the hopes and anticipation that we would eventually be able to serve a much bigger portion of the city. In fact, this was -- at the time we thought this was just sort of the initial phase or our -- our city wide reclaimed water program. We have learned a lot of things since then and it's, you know, going to affect the way we develop the program in the future. Some of that we shared with you, along with a map. This is a kind of a map that we had showed to you a few months Meridian City Council April 16, 2013 Page 41 of 66 ago, which spurred the discussion which basically is bringing this back tonight to you and this, essentially, was after we had done our -- our modeling and our sewer master planning and so forth we discovered that we were probably a little overambitious and that, in fact, even at full build out we were going to have a somewhat limited area that we could serve and so we are going to talk a little bit about that tonight and how we have targeted those uses and how we intend to sort of develop the program. You can see here with this map -- this is the old map. You got a new one in front of you that we will discuss. We sort of have priority areas and secondary priority areas. You can see the yellow -- the heavy yellow line is our permitted boundary or most of it and this is what we think we can actually serve. Next slide. Current customers. We currently serve the Heroes Park -- city park with reclaimed water. I-84 Ten Mile Road interchange. Wastewater treatment plant landscape irrigation and the Fast Eddy's car wash. We also have some committed customers. There are two commercial properties, the Walmart at McMillan and Ten Mile, as well as the Brighton Development down near the interchange, which we have had conditioned to use reclaimed water and Oseola Park, which is a small park across the street from -- a proposed park across the street from the wastewater treatment plant. And also the farmable acreage behind the wastewater treatment plant. We put main line in there last year, so that we could at some point -- we are actually in the process of trying to identify the best possible crop, if you will, to use to grow back there with reclaimed water and we eventually will plant something back there in that ground behind the wastewater treatment plant and we will serve that. Current allowable uses. Under the permit there is commercial landscape irrigation, commercial process water, so if we had a data center or something that had a cooling tower or cooling needs we could use reclaimed water for that. And we have had some interest in that, although there has not been anybody actually locate yet for that purpose. Residential landscape irrigation, agricultural irrigation, golf course irrigation, dust suppression, fire suppression are all permitted uses under our existing permit. We also have some targeted uses and these targeted uses have come from -- you know, we have learned from our own experience, as well as from the experience of other communities that have used reclaimed water, about what things actually work in a reclaimed water program and what things do not and we have also, based on our land use planning, this -- these targeted uses, as well as our land use plan, has sort of helped to develop the map which you have in front of you right now. So, we intend to reach out and try and capture commercial landscape irrigation, commercial process water uses, gold courses and the wastewater treatment plant agricultural land. These -- just wanted to point out once again that these strategies are consistent with other programs that we have looked at in Colorado, Arizona, and California and in two of those locations in Arizona and California they had initially in their initial phases of their reclaimed water programs, they had reached out and tried to serve residential developments and in both cases for regulatory reasons and the infrastructure costs and the difficulty in working with the residents and reclaimed, both of them no longer pursue that option as part of their reclaimed water program. Next slide. I wanted to touch for just a minute on the regulatory environment or status that surrounds reclaimed water or recycled water. As you know one of the drivers for our recycled water program was our NPDES permit out at the wastewater treatment plant. It was issued in 1999. It expired in 2004. It has been anticipated -- or extended since then -- administratively extended Meridian City Council April 16, 2013 Page 42 of 66 and we right now, based on the latest information that we have, anticipate that the City of Meridian will be in negotiations for our permit somewhere around the end of 2014 to 2015 and we have -- you know, city of Boise's permit is now completed. City of Nampa is in the negotiations with the EPA right now over their permit. The last -- we thought we were going to be next and our understanding is now that we will probably be after the city of Caldwell and so we -- I think 2014 -- into 2014 is probably optimistic, but that's the latest word that we heard. There are also some regulatory risk with regards to our reclaimed water program. I think we have -- you know, spent some time with you guys in the past talking about what those risks are, but there is a lot of -- I would say maybe rhetoric or information that's being floated around that year around limits for phosphorus on the Boise River and also on the Snake River are certainly on the EPA's mind and that that may -- and those year around limits would certainly impact the reclaimed water program, because our ability to actually irrigate anything in the wintertime is pretty tough. So, that -- there is definitely some impacts there, if we -- if there are year around limits imposed. Concentration versus mass base limits. This is just, essentially, the way that the permits are written. Boise's permit is in a concentration base limit, which would not be favorable for us. We have gotten some -- you know, we have had some discussions with the EPA and they have indicated that they are interested in working with us to make sure that our reclaimed water program -- this is the local EPA -- working with us to try to make sure that the reclaimed water program stays viable, but concentration limits, of course, essentially say no matter what the flow is, whether it's a trickle or, you know, out of a huge pipe, the concentration in parts per million have to be a certain level and when we are talking about a reclaimed water program we, essentially, need to exchange the amount or the mass of phosphorus that we are delivering to the reclaimed water system for what we are not putting in the creek. So, there are two different kinds of regulatory limits and how they decide to write our permit could have an impact on whether our reclaimed water program is viable or not. Irrigation district challenges are also a concern for us and we will talk a little bit more about that. Obviously, if we are going to reach out to customers like Walmart and developments who also have land that is serviceable through the irrigation district's irrigation water, we are going to have to work up an agreement with them that is reasonable that everybody can, you know, feel comfortable with in how we are going to use reclaimed water in cooperation with our irrigation districts and we have a plan to do that. We have a plan to work with them. We have actually spoken with the irrigation districts -- both irrigation districts in the past and let me know that we would like to, you know, sit down with them when we have a little bit more information, which is what we want to talk to you about tonight and talk with them how we would make this a playground that could work for both entities. Next slide. I just want to touch a little bit on, you know, the benefits of recycled water and one -- you know, specifically highlight one of the main reasons that we chose this option in the first place. It's somewhat amazing to me that we are still able to grow in the City of Meridian on a permit which had a limit that was established in 1999. Can you imagine the growth that we have had since that day? But continuing to grow with a seven MGD limit is getting more and more difficult every year. In fact, last year if it wasn't for the reclaimed water program we would have had a violation of our NPDES permit. We simply had more water coming into the plant than our permit would allow. We were able to stay under that limit, Meridian City Council April 16, 2013 Page 43 of 66 because we were able to deliver reclaimed water and maintain a level underneath that seven MGD discharge limit. So, it has certainly been beneficial to the city and it is certainly one of the things that will allow us to continue to grow in the interim between now and when our permit is renegotiated. We have also been able to reduce phosphorus delivered to Five Mile Creek. Last year I think the total water delivered by our reclaimed water program was somewhere in the neighborhood of 23 million gallons and that equates to approximately a thousand pounds of phosphorus. Well, that thousand pounds of phosphorus didn't go to the creek and didn't go to the Boise River. We have, like I said before, got EPA support. They have essentially said we like reclaimed water. We like the idea. We want to try and work with you to -- to provide a means where you can continue to use reclaimed water. I don't think they want to be -- I don't think they want the publicity of saying that they -- they, essentially, wrote a permit that would eliminate a reclaimed water program for the first municipal water -- or reclaimed water program in the state of Idaho. So, they have an interest in that. But the proof is in the pudding. So, we will have to wait and see how that goes. DEQ -- one of the other advantages with the recycled water program is DEQ regulates recycled water, instead of the EPA. Of course, the EPA oversees DEQ's programs, but we do have the ability to work with the more local regulatory agency. Reclaimed water is -- if the permit could be written and structured so that we can use it, it is certainly a more cost effective approach for nutrient removal out of our wastewater treatment plant and, of course, that's one of the other long-term benefits to this type of program. If we can get a permit that makes it work. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: And, Warren, if I may. Just to clarify it. I don't want to leave the -- how close we came to violating the seven MGD hanging out there. That -- that violation would have been a paperwork violation of our permit, which has been extended. Our actual plant capacity has grown over the years far in excess of what our permit allows and I -- if (remember correctly we actually are capable now, even though the permit has not been made new, we are capable now of managing 12 MGD and even though for paperwork purposes we came close to violating the seven, it was never a public safety problem, it was just a paperwork problem. Am I correct on that? Stewart: Madam Mayor, Councilman Zaremba, you are correct. We have -- it's actually 10.2 right now, our limiting factor. Our existing treatment plant can treat up to 10.2 million gallons a day of effluent effectively and so we would not have had a water quality violation, but we have the discharge limit that says no matter whether you're doing -- whether it's clean or not, you're only allowed to discharge seven million gallons a day and that was -- De Weerd: It needs to be clean. Meridian City Council April 16, 2013 Page 44 of 66 Stewart: Exactly. But, anyway, that -- that was the limit that we were approaching. There certainly wasn't any jeopardy of us discharging water that was not property treated. Zaremba: Thank you. Stewart: You're welcome. I think -- we got there. Okay. So, I kind of want to talk just a little bit about -- again about the present situation that we have and, then, a little bit about where we are headed in the future and, then, introduce the map and let Mr. Worthington take over. So, presently with the existing infrastructure that we have in place we can irrigate approximately 60 acres of ground and we are just -- so everybody knows, we are essentially there. With the commitments that we have right now we are essentially at that 60 acre limit. Now, with some additional booster pumps at the booster station and not too distant future some additional storage, we could -- we could increase that. But it will take some plant expansion, some infrastructure in order to make that work. Of course, one of the things that I wanted to highlight is the time of use is a factor. So, although we have the ability to sow 60 acres, we have the ability in the future to service a certain number of acres, timing is a big issue. Most -- because of the regulatory requirements most of the irrigation on places have to take place at night. That's also when the flows coming into the plant are at their lowest. So, it's kind of -- they work against each other. So, if we are going to serve large amounts of acreage we have to be able to treat these largest loads during the day and store it, so that we can deliver it at night when the flows are coming in much lower. So, time of use is a factor and certain types of uses could be done during the day. In other words, Ten Mile interchange could get done during the daytime, because there is nobody there. Heroes Park would have to be done at night. So, it depends on when the uses occur also as far as what we can serve and what we can't. And, then, we have limitations of our existing booster station and to our storage tanks. And I want to just kind of set the stage for Clint by talking a little bit about the future. Maximum irrigable acres at full build out. In other words, when the city is built out fully to our city limits -- not our city limits, but our impact area boundary and we have the full flows coming into the wastewater treatment plant, essentially that's approximately 20 to 21 million gallons a day is what we anticipate. What can we serve with a reclaimed water program? And the answer to that question is approximately 2,200 acres of irrigated ground. What that really means when you look at the map before you is although we have a pretty large permitted area, we really can't serve anywhere close to that total area and so what we are talking about here is sort of concentrating on the Ten Mile Corridor where we already have infrastructure in place. We also have the capacity to upgrade or to bring the booster -- the existing booster station at the treatment plant can eventually have pumps installed to deliver ten million gallons -- or ten -- 10,000 gallons per minute. Excuse me. In order to get to that full build out, 2,200 acres, we would also need another one to two storage tanks at the treatment plant and we would need four to five off-site storage tanks and booster stations at strategic locations and the reason for that is, unlike our water system, where we can sink a new well in close proximity to where the demands are, our reclaimed water is produced in one location and in order to serve, you know, more remote areas we are going to have to put storage and boosters in other areas. Meridian City Council April 16, 2013 Page 45 of 66 Hoaglun: Madam Mayor and Warren, what's the size of those storage tanks in gallons? Stewart: About 500,000 gallons. Hoaglun: Five hundred thousand? Okay. Stewart: It's a million gallons total. So, I'm going to turn over the time now to Clint. Go to the next slide if you would. And he's going to talk a little bit about this service area map that was based -- that was developed based on our hydraulic model and our land use planning and we think we could actually serve and these targeted uses that we want to go after. Yes. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Warren, on the map you have talked to and showed us with the handout there is some kind of a tank up in the Spurwing development and I can't differentiate the color, whether it's a batch or a storage, but, anyway, there is a tank up there in that new development. Has that been coordinated with them? Stewart: No. And this is one of those things that as we grow as a system -- right now we couldn't serve them if we wanted to. Rountree: Right. Stewart: They have expressed interest in having reclaimed water. They have come to some of our meetings and we have had conversations with them and I don't want to get too worried about the actual location of those tanks. We place them pretty generically, so it makes -- you know, that's not exactly the location that that needs to necessarily be. We just are going to need storage, because that's a long ways from the -- from the treatment plant. We are going to need storage up in that. neighborhood somewhere in that area in order to serve that golf course if we ever do. De Weerd: Well, it's a thereabouts mark on the map. Stewart: Correct. Correct. Rountree: And what was the poundage of phosphorus you said we had not delivered to the Boise River? Stewart: Based on my understanding -- and I -- you know, we, essentially, delivered about 23 million gallons of reclaimed water out to Heroes Park and to the interchange and so forth and I did some rough calculations based on our average flows, an average day at the treatment plant of somewhere between five -- or in upper five and a half to six and a half million gallons a day and Tracy had indicated that based on those kind of Meridian City Council April 16, 2013 Page 46 of 66 flows that we are somewhere between 250 to 300 pounds a day phosphorus that would be normal for that kind of flow. So, I just did the math and essentially it comes to approximately 1,000 pounds of phosphorus that we couldn't have essentially delivered to the Boise River because of reuse. Rountree: It just doesn't seem like it's near big enough. You're only talking about three pounds a day. De Weerd: That's year around, though. Stewart: Madam Mayor, Councilman -- Rountree: Or was that a daily base? Stewart: That's a -- the 250 to 300 is a daily -- Rountree: Yeah. Stewart: -- amount based on six million -- approximately six million gallons of effluent treated. So, six goes into 23, you know, not quite four times. So, three times 250 -- eight hundred -- you know, your rough math approximately a thousand pounds. Rountree: Okay. Stewart: Is my math right? Rountree: Yeah. I'm trying to extend it on an annual basis. Stewart: Okay. So, if we can -- if we can grow the program and deliver more reclaimed water we will definitely get rid of even more pounds of phosphorus. Anymore questions before I turn it over to Clint? If not, Clint. Worthington: Madam Mayor, Members of the Council, hi. I'm going to back up just a little bit here before I get into the map and go over a couple of things, so -- Tom, if you could go ahead one slide. Thank you. I will be going over the most recent work with the recycled water program that we have been doing. We have identified the needs for a process as it relates to development being conditioned to connect to the end use recycled water. We have begun to establish this program and the following are needed components of this process. They include the following documents: Developing an ordinance and service area map, which Warren just showed you. A standard user application. A standard user agreement. Design standards and specifications and I just want to point out that currently we have all of these completed in draft form right now. Tom, can I get the next slide? De Weerd: Vanna? Tom Barry. You want to advance the slide. Meridian City Council April 16, 2013 Page 47 of 66 Hoaglun: Clint, you need to get better help. I don't know where you get some of these people. Worthington: Next I just wanted to briefly go over what makes up each of these documents and what their purpose is. The recycled water ordinance, like ordinances for water and wastewater there are rules and regulations for the recycled water program. The ordinance will also address key structures, which with recycled water are currently -- they are currently healthy, but the ordinance will be written to give us the ability to change that in the future if we need to do that. Next slide, please. The service area map which Warren mentioned previously has been created using modeling and our comprehensive land use plan. This map includes area within our city's permitted limits as the most feasible areas to serve based on modeling and our comprehensive plan target areas based on zoning. The service area map allows us to capture new developments as they begin the submittal process with the city. So, this is our draft service area map that you say earlier. Kind of give a little explanation to it. The areas within the solid gray boundary are primary service areas. They are considered primary, because they are located along the Ten Mile corridor, as Warren mentioned, and are the largest areas to potentially serve for the least amount of infrastructure cost. The areas within the dashed gray line are the secondary areas, which are more of the outliers and would cost more in infrastructure to serve them, which makes them secondary. The colors on the map represent different uses based on zoning, with the exception of the darker blue, which is existing areas. The lighter blue areas are potential nonresidential areas, which are our primary target, which would -- that would include industrial, commercial, those types of uses. These areas would include commercial and industrial type uses. The gray color are areas that are residential and more of a secondary target, with the exception of landscaping and common areas within those residential developments. The bold magenta line represents piping that is existing and the dashed magenta line being needed future piping. The tank symbols, as Councilman Rountree pointed out earlier on the map, represent future storage tanks needed to serve the area surrounding their location. The primary purpose is to allow us to store water pumped from the treatment plant during the day and distribute that water at night for irrigation use. Next slide, please. So, next I will go onto the next document that we found a need for the programs or process that is a user application. This application would be submitted by the developer or owner if the property is within the service area map. The application will provide info specific to the owner's name, location of the development, development -- type of development, proposed use for recycled water quantity requirements. This application would then be reviewed and modeled by Public Works to determine whether the development would be required to connect to recycled water. Next slide. Once the development is determined to be conditioned to use recycled water by the application process, agreement will be prepared that will include the owner, location of the development, allowed uses of recycled water, allowed quantity of recycled water, allowed times of use, and any fee associated. Of course, as we said earlier there are currently no fees. The use agreement will go along with the development agreement for a subdivided agreement and is, basically, a legal agreement with the developer for specifics of recycled water use. Design standards of the document that will be used to -- by design engineers to Meridian City Council April 16, 2013 Page 48 of 66 insure that recycled water within developments, as well as capital projects are consistent with the following design concepts, format, methodology, procedures, quality of work, and adhering to other applicable standards, such as DEQ, IDWR, Idaho Standards for Public Works Construction and others. Lastly are the -- are develop any specifications for recycled water to be included in the city's supplemental specifications to the ICWC. These specs guide construction activities and will be much like water and sewer supplemental specs, but more specific to recycled water. They will include requirements on construction materials, workmanship, and pay items. So, I have put together some process flows of a couple different scenarios of how the recycled water process would work for new developments and how they will be incorporated as a city process, meaning the applications and the service agreements that I mentioned. The first scenario would be for subdivided land development projects, which include anything that requires a plat approval. Go to the next one. The second scenario is for developments where land isn't being subdivided and requires a CZC and a building permit. These flows -- these process flows are drafts and we will still need to get consensus with other city departments, such as development services and the building division before they can be finalized. So, our intent is to take these draft documents and create a public outreach plan and reach out to developers, irrigation districts, engineers, the BCA and, of course, our citizens and customers. The goal is to then finalize the documents and programs based on comments and discussions on our public outreach efforts. At this point we haven't started putting together that outreach plan, but would be a next step in continuing with the program. The next item is fees. Currently fees for recycled water use are waived, including application fees, assessment fees, meter fees, and usage fees. We recommend this continues, for the fact that the recycled water system essentially serves as a treatment option for the wastewater treatment plant and acts as a trade-off for costly improvements at the treatment plant. Recycled water also benefits the city water system by using recycled water in place of potable water, which are used as -- as potable water usage and acts as a conservation measure. So, our next steps. We would like to get Council direction on how to proceed with the recycled water programs from this point and the options would include, one, continue implementing the program, complete the draft program process documents that I went over. Perform the public outreach, finalize the draft documents, and implement the process. And the second option would be to put the program on hold until the NPDES permit issue is resolved. Next slide. Hoaglun: Clint, before you -- Madam Mayor. Before you move, that first option, number one, what's your guess of the time frame on something like that? Worthington: I think we could -- the documents are -- need to be reviewed internally. Like I said, they are in draft, so they need to be finalized in a more substantial draft form and, then, we need to perform a public outreach and I think, you know, with some of the players and that, irrigation district and -- irrigation district mostly, it could take awhile -- six months. Six month time frame. Hoaglun: My guess was a year, but Ididn't -- I wasn't sure, so -- Meridian City Council April 16, 2013 Page 49 of 66 Worthington: Well, six months to a year. Hoaglun: Okay. I just wanted a context to consider against the NPDES permit process. Worthington: Okay. Okay. Our recommended option, of course, is the first option, to proceed with the program and continue the process. We feel like this is the way to go for a few reasons. It allows us to capture any new development within the service area and get them using recycled water, which provides benefit to both water and wastewater systems. This option also assists us in staying within our wastewater treatment plant permitted capacity limits without costly upgrades, as Warren mentioned earlier. And, thirdly, having an established water -- recycled water program could potentially be beneficial with the EPA and a new NPDES pool. So, with that I will stand for any comments or questions. De Weerd: Thank you, Clint. Any comments or questions from Council? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: One very minor thing and this is on the -- oh. I appreciate the work that you're doing on the program. It's doing great. But on the user agreements, you had a couple categories there that would probably include my comment, but it's so important that we make sure that nobody make across-connection to the potable water system, that I would elevate that to a capital subject and give it its title and a separate paragraph and not fold it into a subject of thou shalts and thou shalt not make -- make it a separate thing that stands out. Worthington: That's a good point, Councilman Zaremba. We -- actually, that's going to be in the ordinance as well. The ordinance and the user agreement, like you said. Zaremba: Well, I'm sure it would be in the ordinance, but I just want it right in front of them, so that everybody knows. Worthington: Sounds good. Zaremba: Thank you. De Weerd: Any other questions? Zaremba: And as an opinion I would go for option one. De Weerd: Okay. Rountree: Madam Mayor? Meridian City Council April 16, 2013 Page 50 of 66 De Weerd: Mr. Rountree. Rountree: It's a great program. I think we need to move forward with it. I have some concerns about fully developing option one. It's an unknown. We don't know what the regulators are going to do. We already have made some promises to some public out there for delivery and not been terribly successful. I fully support that we engage the regulators and the folks that are stakeholders in terms of control of water, but if you start entertaining this as a public process and you build the public's expectation that this is a good thing and it's going to be there and you get a bunch of people signed up to do it and, then, either we can't deliver it or we won't be delivering it because the regulatory process won't allow it or, thirdly, our permit is such that it's not economically feasible for us to proceed and, then, you have to turn around and you tell those folks thanks for spending the year working with us to develop all of this bureaucracy, but, you know what, it's not going to work. I don't like to do that to people. I have had it done to me too many times in the past. I don't know where the middle ground is. But I think we need to advance and get some of the leg work done up front. Definitely. But at some point I think we need to put it to rest until -- we can go out and say we want to complete this, because we know we can. And knowing what strings might be put on how we can move forward, we can, then, move forward in that fashion and not build an expectation that we may not be able to deliver. Stewart: Madam Mayor, Members of the Council, fully understand the regulatory environment that we are in and it causes us a lot of concern as well in trying to move forward. In fact, we have -- we have taken steps to sort of put the brakes on capital improvements in the reclaimed water system for the time being. Our concern is around the existing infrastructure that lies sitting out there in the ground. If we have another -- let's say Walmart that comes in adjacent to our existing pipe and they are interested, our concern is right now we don't have a very good process in place to say who -- you know, what, where, when are we going to allow these people to hook up and under what conditions and how are we going to regulate that connection and so on and so forth. So, we feel like there is some need to answer some of those questions and put some structure together for the immediate -- so, it may come in very easy targets to add to the system and -- and be able to answer those questions and guide them through a process that makes sense and determine whether or not they should use reclaimed water. However, like I had indicated, our present program with the present infrastructure at the wastewater treatment plant, quote, to max out if we just served everybody that we could. So, even with that in mind, we would have to come back to the Council if there were anew -- another Walmart or whatever store come along that corridor somewhere and say we want to use that water. We would have to come back to you and seek some funding for some additional booster pumps out at the wastewater treatment plant and we will have the opportunity I think at that time to say, okay, this is a target of opportunity, we want to pass on or do we want to give them the nod and say yes. And there is a bit of a chicken and the egg here going on, but we feel like there is a need for some structure to administer the program and -- that's already available to us based on the existing infrastructure in the ground, but we also recognize that we don't Meridian City Council April 16, 2013 Page 51 of 66 really want to get too aggressive about trying to expand the capital infrastructure at this stage until after the permit's renegotiated. So, I don't know if that's helpful or not. Rountree: No. I understand where you're coming from. I'm just concerned about -- if it comes across as this is a selling process and we are out there soliciting folks that want to participate in this and you build that expectation for them and, then, we either can't or won't deliver, it's another black eye. Barry: Madam Mayor? Rountree: But, then, again, it's an unknown. We -- we don't know. De Weerd: Mr. Barry. Barry: Thank you, Madam Mayor. And, Councilman Rountree, you have hit the dilemma right on the -- right squarely where it is and, you know, the way that we have been proceeding with the current customer base is, essentially, under a first right of refusal basis. Now, we only have been serving, essentially, irrigation customers, if you will, except for Mr. Eddy down at Fast Eddy's there on Ten Mile and when we have spoken with folks that are interested in this program we have told them that we would like for them to participate and they have agreed to participate voluntarily, but that if we are not ready or unable to serve them, that this first right of refusal would kick in under their agreements and they could go to an alternative source with no additional cost. Essentially the system we are establishing here would require from an irrigation standpoint -- I'm talking about the irrigation system here. Would require them to newly connect anyways for the primary water to be reclaimed and the secondary to be surface irrigation. So, in that case they are building the same infrastructure they would normally have to build with the same back flow prevention devises and those sorts of things and -- and that's the way we have approached this and people seem pretty open to that. What we are trying to do with tonight's presentation is, obviously, give you a status of where we are in the program, continue to highlight some of the vulnerabilities, but also formalize, essentially, the program as it has begun to evolve and that formalization involves the things that Mr. Worthington and Mr. Stewart had described with regard to the service area map, the conditions, the requirements, the specifications on those developments that want to participate in this program and the process by which we would evaluate whether they would be eligible or not. So, what this is is really a formalization of the program without trying to put too much more capital into it. We do want to formalize the actual process, so that those that come in and volunteer for this have some assurance of the possibilities of the program and also the vulnerabilities in such a way that they can make decisions regarding how they would design and operate their infrastructure according to the possible limitations or lack thereof of the system. Rountree: Well, as long as the latter is perfectly clear that whoever wants to sign up for this service I'm okay with it, but it's not something we want to go out and wave our flag about. It's -- it's a risk for both parties. Meridian City Council April 16, 2013 Page 52 of 66 Barry: It is definitely a -- Rountree: If they want to invest with us in that I'm okay with that and, I agree, we need a process in order to do that. But the process needs to be perfectly clear that this -- we don't know which is the high road and we don't know which is the low road. Barry: Uh-huh. De Weerd: And I think we knew that when we went down this road that being a recommend trailblazer is not always the easiest in both delivering to the -- the public piece to it and to the commercial piece and with being the first we will work out a lot of kinks, which, indeed, we have and it's a good caution, but I would agree with the earlier statement that EPA has been supportive of this and I would imagine they would continue to as part of the permit, but it is a gamble. It's been a gamble. It's been a gamble I think this Council has been willing to take and commit to, because it is the right thing to do and it has allowed us to -- to weather continued growth as another strategy, even interim to a long-term plan. So, I appreciate where we are today and to proceed cautiously in how we continue to -- to build this strategy in dealing with phosphorus and some of our flow issues until we do get a new permit. Stewart: Madam Mayor? De Weerd: Yes. Stewart: Council Members, I wonder if it would be -- if it would make it a little easier if part of this outreach program -- I mean, obviously, we haven't developed that and we are interested in doing this public outreach specifically because we want to -- we want to make sure that we have agreements with the irrigation districts that they are comfortable with and that we are comfortable with and we want to make sure the development community is comfortable with, you know, the design standards and the specifications and so forth. We would certainly, as a part of this, you know, public outreach program make sure that one very significant component of that was the fact -- aclear expectation that this may go away, depending on regulatory requirements. Rountree: I think that's cornerstone. Stewart: So, we can definitely make that a major part of that outreach program to make sure people are aware you're engaging in this program with us, but regulatory requirements change and they could have drastic effects on where we go with this, depending on what those regulatory requires are. Hoaglun: Madam Mayor, that was my comment. I was agreeing with what Councilman Rountree was saying, but we just -- as we go through this process and work with people we have to make it perfectly clear that the regulatory rug could be pulled out from it at some point in time by the EPA. If they know that and still want to work with us and go Meridian City Council April 16, 2013 Page 53 of 66 through the process, that's great, but we just have to be clear about it. So, I think you're right on track, Warren. Rountree: So, will you take that a step further and put that into your agreements, then, and applications as well? Make that clear when a user comes in to use recycled water? Barry: Yeah. Madam Mayor, if I may, the discussion is I think -- is I think very appropriate regarding where we are in the program. But there is just somewhat of a crossroads where if we are going to pursue reclaimed water as a regulatory approach -- and (think we all recognize that at anytime, as Mr. Hoaglun has just stated, at anytime whether it be in the next permit, the permit after that, the permit after that, there could be at anytime -- these regulations are constantly changing -- an undermining of the reclaimed water program. I think the likelihood of that happening the further we are in the program is -- is lower and -- but there are no guarantees. The challenge here is if we make the program optional as a treatment alternative, then, it doesn't work as a treatment alternative. And so there is some -- some balance that has to be brought to the discussion with regard to voluntary participation in the program and the vulnerability that that places potentially on the customer against the city's need to get rid of the water, which is, essentially, a treatment alternative if you will. And that's what we are trying to balance here is the risks of the program, both from the city's perspective and the end user's perspective, but also the need for the program to disseminate water as widely as we can in order to make it viable. If we make this thing optional for those who are in the primary service areas and they choose not to participate, I'm not sure that we have a viable program and so there is -- that needs to be incorporated as part of the discussion, I believe. Hoaglun: Madam Mayor and Tom -- yeah, I think that's a good discussion to have at the point we have agreement with all the parties involved that need to be on board with this that might have objections. So, until we reach that point where certain parties are on board and say, yeah, your reclaimed water can be used in -- in place of ours, then, think we could move forward for those -- from optional to -- to mandatory, but I want to see that component first, because that could be difficult, so -- Barry: You bet. And we would be happy to do that. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I'm just -- certainly the EPA has approved or accepted reclaimed water systems all over the country. I think one of the issues is many places where it's commonly used they do irrigate and water their lawns and golf courses all 12 months of the year, so -- one of our risks is if we get a year around restriction, then, there is three or four months where we have a problem. But just to throw an opinion in, an anecdotal opinion, I don't think the EPA is out to undue reclaimed water programs and I would expect them to work with us for a resolution, of course, when they eventually bring their Meridian City Council April 16, 2013 Page 54 of 66 hammer down and say this is the way it is, then, we have to live with that. But I -- they have been supportive of reclaimed water programs other places and I would look to them to continue that, just to be optimistic. Worthington: And, hopefully, the local EPA, who is really supportive of it, has some clout with the national EPA that can -- that's going to be pending sorting it out, so -- De Weerd: Okay. Any further questions? Anything else from staff? Did you get feedback -- enough feedback? Do you want me -- Stewart: Madam Mayor, Members of the Council, I think if I got the gist of the conversation is go ahead and proceed, proceed with caution and make sure everybody is fully aware of the vulnerabilities associated with reclaimed water. De Weerd: Sounds like it in a nutshell. Barry: Thank you. Department Report: eco mention to Adopt an mendment to the City's olid ste ®rdinance Regarding Commercial Recycling ervices by on-Franchised Commercial Recyclers within City Limits (Commercial ecyclin rdinance) De Weerd: Thank you. Thank you, Clint. Okay. Item 8-C is from our Solid Waste Advisory Committee. Mangerich: Good evening, Madam Mayor, Members of the Council. I'm here this evening representing the Solid Waste Advisory Commission. Forthwith I will refer to as SWAC. I'd also like to mention to our Council and Mayor tonight that we are pleased to also have in our audience representatives from a local recycling company, Western Recycling company is here, as well as Steve Sedlacek, who can speak to those historical services to SSC when he was our provider and now Republic Services, our current solid waste provider. Meridian has enjoyed an exclusive solid waste franchise agreement currently with Republic Service, providing services to residential, commercial and multi-family premises within our city limits. Soon after the assignment of the SSC solid waste franchise agreement to Republic Services the city was approached by a local commercial recycler and asking for clarification as to what besides commercial recycling services, if any, may be offered within the city limits by nonfranchisee commercial recyclers. So, under the direction of our Mayor's office the staff formed a subcommittee on this topic and it was comprised of representatives from our local recycling community within the Treasure Valley Republic Services, our SWAC members and city staff to review the matter. Meetings were held over a seven month period with the following results. The committee worked hard in the development of the initial development of a vast commercial recycling ordinance, which includes a provision for not only identifying the recyclables that could be collected by nonfranchisees, but Meridian City Council April 16, 2013 Page 55 of 66 also included a provision with a permit or a fee associated with it. After this was developed we sent cover letters out and mailed out to 18 commercial -- known commercial recyclers within our Treasure Valley area and, then, provided a public comment opportunity at the following SWAC advisory commission meeting of which there was good attendance. Based on comments, based on that first public comment committee, the working group went back to the board, revised the commercial recycling ordinance to, A, provide clarification on the definitions within the ordinance and, two, remove that permit and see the permit provision. So, then, we sent this all back out to those 18 commercial recycling service providers, opened another public comment opportunity at the following SWAC meeting of which we received public comment all in favor of agreeing to the commercial recycling ordinance without the permit provision and at that SWAC meeting we voted unanimously to bring to you tonight to recommend for your consideration the commercial recycling ordinance without the permit provision, which is in your copy -- in your packet this evening. And I stand for any questions. De Weerd: Thank you, Mollie. Mangerich: You're welcome. De Weerd: Council, any questions? Bird: I have none. De Weerd: Thank you. Mangerich: Well, thank you. De Weerd: Okay. I guess at this point we will just move into the first reading and see if there is any comments that wish to be made at that time. So, Madam Clerk, will you, please, read the Ordinance 13-1551 by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 13-1551, an ordinance amending Title 4, Public Health and Safety, Chapter 1, Sanitary Service System of the Meridian City Code for the purpose of including definitions for commercial Meridian City Council April 16, 2013 Page 56 of 66 recycler, coding of recyclable materials and for separated recyclable materials in 4-1-3 and to add: Or commercial recycler to 4-1-10H and to add a new 4-1-11 commercial recycling exemption and reassign the existing Section 4-1-11 nuisance declared to Section 4-1-12 and reassign the existing Section 4-1-12 penalty to Section 4-1-13 and providing an effective date. De Weerd: Thank you. Is there anyone who would like to provide comment on this item? Okay. Good evening. Sedlacek: Good evening. De Weerd: You got to sit through our entire meeting to make comment. Thank you for joining us. If you will, please, state your name and address for the record. Sedlacek: Certainly. Steve Sedlacek. Meridian, Idaho. Republic Services, 2130 West Franklin, De Weerd: Thank you. Sedlacek: I just wanted to provide testimony that we support the ordinance change. It is codifying basically the world as we know it or as it exists. We needed to update the ordinances. It was a good idea to do this, so that we could more clearly state what does go on and what should be going on, I guess, with regard to what's franchisable and what's not. So, we took part in the process. We like how it came out and we hope that you support it. De Weerd: Thank you, Steve. Sedlacek: An questions? De Weerd: Any questions? Rountree: I have none. De Weerd: No. Thank you. Sedlacek: Could I -- one comment. I think Andrea Pogue did a great job herding all of us, keeping us in -- on task and getting this thing done, so -- De Weerd: Well, we appreciate everyone that was involved. It was -- I think you ended with a nice product and it's always the process, the journey of getting there and appreciate the -- all of those that stuck with it. Sedlacek: Thank you. De Weerd: Thank you. Additional comment? Meridian City Council April 16, 2013 Page 57 of 66 Rountree: Madam Mayor, I just would like to say that this is an example of how one of our standing committees makes our job a little easier. They spent a lot of time deliberating this, they had a bunch of folks participating when it was discussed in the open forum of their meetings there really wasn't any major dialogue from the public, they had already addressed the issues. They addressed some of the issues that I brought up and I think they have done an excellent job of bringing all of that together and did the wordsmithing and the committee did the logic and reasoning and brought this particular ordinance proposal and change forward and I think it's a -- again, it's an example of the -- the good work that our committees can do for us. Bird: Amen. De Weerd: If there is no comment, I guess I would look to Council for what you would -- this is -- this is listed as the first reading. If you would prefer to have second and third reading at our next meeting or we can have it for the next couple of weeks. Rountree: Madam Mayor, I would move that we move this forward to a second and third reading at our next regularly scheduled meeting. Bird: Second and third reading. Rountree: Second and third. Yes. Bird: I would second that. De Weerd: Okay. I'm not sure if you need a motion to do that, but I appreciate the direction and we will put it on our next agenda for the second and third -- and final reading for Council action on the 23rd. Sound like a plan? Okay. Very good. And thank you for sticking out the meeting to be here for this item. Appreciate it. And your involvement in the process. Fire a rtent: M Joint oers reement icusion De Weerd: Okay. Item 8-E is our Fire Department. Chief Niemeyer. Niemeyer: Madam Mayor, Members of the Council, good morning. De Weerd: It's not that late. Niemeyer: Happy to report I do not have a PowerPoint and on this issue the police department and myself are in total agreement, so we have gone with improvement. De Weerd: We are improving with the evening. Meridian City Council April 16, 2013 Page 58 of 66 Niemeyer: This is a follow-up discussion to the EMS joint powers agreement presentation that I gave last week. Certainly this historic nature of this discussion I want to give it due time, but in the interest of time and looking for a little bit of direction on what you want to take. Within your packet you should have an updated agreement that identifies an issue that I believe Councilman Rountree brought up regarding the joint powers board configuration of a number of folks that are on that board and specifically the county commissioners having two representatives and, then, the rest of the agencies having one. That got cleaned up by the legal teams at work. The other two issues that were brought up during the presentation, one was termination of the agreement. Through the discussion with the other agencies and legal teams working on the agreement, it was kind of a unanimous consent that if the agreement is terminated that would require unanimous consent to terminate the agreement, no differently than if we make a change to the system and so we felt like the language currently in the agreement recognizes that and has a provision for it. And, then, the other one that got brought up was joint purchasing of real property and the question was what does that mean, what does it look like. Under Section 4.5 prior to any joint purchasing happening there would have to be by resolution outlining the distribution and ownership of that property. So, before we even spend any money or did something together on any kind of joint purchase, that resolution would have to be adopted prior and so we feel like that was covered. In addition to that, you should have within your packet a document that states fire department follow EMS joint powers agreement. These were issues, thoughts, ideas that you as Council came to me with individually stating can we get some clarification here, can we possibly make a change here and so we have outlined those in the issues. Some of them we certainly can change to accommodate better language. Others we are kind of stuck with. And an example of that is the separation of the Ada County Commissioners with the Ada County Paramedics and district commissioners. It doesn't make any sense to us, because they wear the same hat. It doesn't make any sense to the director in the sense that they wear the same hat, but as a result of the Kuna versus Ada County lawsuit that took place one of the prevailing items that their legal team took out of that was the prosecuting attorney saying you need to have clear delineation between these two groups. It's one of the things that the judge mentioned also as a conflicting or -- a conflicting issue, so there needed to be separation, so that's why you see it here that those two same groups wear different hats and they are identified as such. As much as it confuses the language a little bit. I see Councilman Rountree smiling on that one. Rountree: Leave it to the lawyers. Niemeyer: So, with that certainly through this item by item to discus you have seen within the document De Weerd: Thank you, Chief. looking for some direction here. We can either go s or I could take questions from you based on what Bird: Madam Mayor? Meridian City Council April 16, 2013 Page 59 of 66 De Weerd: Mr. Bird. Bird: On your board quorum of 50 percent, I don't go for that. You got to be above 50 percent for a quorum. Niemeyer: Okay. Bird: And also in your agreement it's appoint chairman, vice-chairman, secretary, those should be elected by the board members. It shouldn't be appointed. Niemeyer: Elected instead of appointed? Bird: Yeah. And the biggest -- the biggest thing we -- I compared this with the last draft that we spent four years working on, there is some things in here that I -- to be blunt, there is some things in here that -- that certain people within Ada County pushed to get out of the state draft and now they are showing up in here that we weren't in favor of. So, I -- I think you need to go forward on it, but I need some clarification. I think what you did for Mr. Rountree's deal clarified a lot of stuff. Niemeyer: Yes. Bird: But the quorum has got to be over 50 percent, in my opinion. Niemeyer: Just a follow up to that, Madam Mayor, Councilman Bird. Is there any recommended number that you would like to see as a -- Bird: I think you got to do at least one over. De Weerd: Just do percent plus one. Niemeyer: Plus one? Bird: Yeah. Niemeyer: Okay. Bird: So, if you have got five on there, you have got to have three. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I had a question for the lawyers on this. It was in page four, 3.4 withdrawal and 2.4.1 said no party shall withdraw from this agreement unless it demonstrates one or more of the following circumstances and, then, they delineate what those are. But -- and, then, I'm used to the fact that we as a Council -- we can enact something, but a Meridian City Council April 16, 2013 Page 60 of 66 future Council is not bound by that, they can undo or redo and move forward and that kind of speaks to that under page five, 3.4.3, there is a voluntary withdrawing or for cause, but that first section on withdrawal, it just says it's going to be this, this, this or this. So, I just wanted some clarification. Does this all work? I know there is a penalty for withdrawing and that's what a future Council could -- would have to consider, but I just wanted clarification, Bill, from -- are we -- is that okay? Just wasn't totally clear to me. Nary: Well, Madam Mayor, Members of the Council, Council Member Hoaglun, I think the chief, since he was involved in negotiations, can probably talk about what the intent -- because I think maybe what's necessary is some clarification, because I do think the ultimate intent of the agreement is once the parties sign onto this, then, they really have to work together to change it or if they really can't work together, then, if any individual party wants to leave, then, really the penalty -- the sort of death penalty they get is they are not performing this service. The -- I think the intent of the others -- and maybe some clarification is needed, but is trying to get some -- put some framework around how to work out whatever those differences are that talks about funding and staffing and those types of things and maybe chief can expand on that, but it seems like one is really designed to try to negotiate a resolution and one is saying if you can't do anything or you just want out, you can get out, but here is the -- here is the -- Niemeyer: Yeah. I can follow up on that, Councilman Hoaglun. Ted and I worked on this, we probably didn't get that to you in time. 3.4.1, outside of the court order that would be 3.4.1.2, the other -- yeah. The other three are really dealing with voluntary withdrawal from the -- in other words, we have a financial hardship, we can't continue to provide this service and Mr. Nary hit it right on the head, the goal is for the system to work with that agency or that jurisdiction to try and continue to keep them in the system, if they can't, then, they can't, and so we have some language that identifies how you go about doing that. 3.6 is where the board would say you are not in compliance with the agreement and through a vote would, then, have, essentially, a forced withdrawal if you will. And so 3.4 really gives it voluntarily, withdrawing other than the court order. 3.6 is where a board takes an action against an agency due to noncompliance with the agreement. Hoaglun: And if -- but if they -- would the parties still be part of the board when that vote is taken? Niemeyer: Yes. But they aren't in the unanimous consent. Hoaglun: Right. Okay. Niemeyer: I think, you know, the reality is if we get to that point where there is that big of an issue -- I'm only trying to forecast in the future, but my guess would be that the agency has some reason why they cannot continue in the system and it's going to go down the voluntary pathway. Meridian City Council April 16, 2013 Page 61 of 66 Hoaglun: Okay. Makes sense. Thank you. De Weerd: Additional questions? So, I -- I guess, chief, there is still a couple of tweaks that need to be made and, then, maybe you can bring it back in in full. Niemeyer: And just an update on that, as I have discussed this with the other agencies, there is only one party that jumped ahead and signed the agreement and that's North Ada County Fire and we understand that as the commissioners finalize reading through this they may have a couple questions. The city of Boise receives their presentation the end of the month. They certainly may have questions. What we are going to be asking our elected bodies to do is once they are comfortable with the agreement, once we have all the tweaks to it, is to approve for the Mayor or the chair to sign and do a joint signing where we have all the agencies at one table doing the signing. So, that's the plan moving forward. So, the next time I come back to report to you it will be after all the inputs have been given, the final tweaks have been made to make sure we represent everybody's interest and, then, we will come back to you with a final product on that request. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I have got -- I have got a question. North Ada has -- aren't they in a joint powers agreement with Boise city? Niemeyer: They are. Bird: Why are they listed when Meridian rural or none of them are under the same agreement? Niemeyer: The only reason that they are listed is that they still hold an EMS agency license. When Whitney and Boise did their agreement Whitney removed their EMS license. North Ada still has an EMS license, because they provide service up in Hidden Springs and that's not part of the Boise agreement. Bird: They are actually running a unit themselves then, Mark? Niemeyer: Correct. Bird: Okay. I did not realize that. Okay. Niemeyer: Yeah. We asked that question initially, too, and we liked what the answer was. Meridian City Council April 16, 2013 Page 62 of 66 De Weerd: I'm glad you had an answer. So, to bring this back with, again, the changes, Council, then, you can either act on it then or you can wait if you feel more comfortable after, you know, a couple of others have signed onto it and it won't change. Rountree: Madam Mayor. Keith indicated he had some issues between this and the previous draft and changes that apparently were not necessarily agreeable. I would hope that -- and not here, but you have an opportunity to talk to Mark and get those resolved and get the resolution of those to us -- Bird: I have sat in on those things before and -- Rountree: So, we know what the issues have been and what the resolution is. Bird: And I will tell you guys publicly, if you -- if we go for this, leave your egos at the door when you go in, because there is no room on a committee like this for your political egos. That was the biggest thing we fought for years was egos. Leave them at the door when you go in. De Weerd: And, fortunately, this agreement requires you to check egos at the door. Bird: It says to, but it don't. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I agree that there is some little tweaking that needs to go on here, although I guess my question would be do you need to bring this back next week. If Boise is going to be considering it later in the month -- although next week is almost the end of the month, but I'm not sure there is anything more we can add until we find out whether other agencies are making tweaks to it. So, I would like a report back, but I don't need it next week I don't think. Niemeyer: I would agree wholeheartedly. I think it makes the most sense to wait until we have all the tweaks on the table from all the elected officials and, then, bring back to you a final product. De Weerd: Well, let's target May 7th to get an update and we will go from there. Niemeyer: Sounds good. De Weerd: Okay. Bird: Thanks, Mark. Niemeyer: Thank you. Meridian City Council April 16, 2013 Page 63 of 66 De Weerd: Thank you. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Is May 7th election day? I think we are having our meeting on May 8th. De Weerd: No. May 7th is not election day. Zaremba: Oh. Okay. De Weerd: May 21st is. Zaremba: 21st. Okay. Bird: The 21st is. Zaremba: Wrong date stuck in my head. De Weerd: I hope you get it unstuck. Zaremba: Thank you. De Weerd: Okay. We are at Item F. We are zipping through this -- this agenda. Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. This is the shortest presentation you will have tonight. De Weerd: Thank you. Rountree: It's over? Nary: No. De Weerd: It's hard to believe. Meridian City Council April 16, 2013 Page 64 of 66 Nary: If you don't interrupt me it will be the shortest. All it is that's in front of you is you have previously heard this, this is the Red Tail development agreement modification by Red Wing Subdivision -- or Red Wing Subdivision. The original development agreement that was in front of you or the modification that you saw a couple weeks ago, had as part of Exhibit D some photographs of the types of buildings they would construct on the property. They were, basically, photographs of other developments and other properties. Subsequent to that -- to that hearing they have actually provided four pages of actual architectural renderings of buildings, so they asked to add that into the development agreement, so you would actually have what they are actually going to build, not a picture of something that was built elsewhere. So, we said that was fine, as long as the Council is aware of it and they knew if they were approving this modification that was all that was added into it. So, it's ready for approval, just wanted to make sure you were aware of it. Bird: Bring it forward. De Weerd: Okay. Nary: You can approve it now. Bird: This is it, isn't it? Yeah. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move we approve MDA 13-002. Bird: Second. De Weerd: I have a motion and a second to approve the MDA 13-002. Any comments from Council? Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item rdinance Ordinance o. 1-1 n rdinance ( 1-002 Red in Subdivision) For The e- one Of Tract f Land Situate In Portion O The Northwest ne uarter f ection 30, Township orth, nge 1 East, oise eridian, City IVleridin, ituated In da County, Idaho nd Adjacent n Meridian City Council April 16, 2013 Page 65 of 66 De Weerd: Item No. 9-A is Ordinance 13-1552. Madam Clerk, will you, please, read this ordinance by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 13-1552, an Ordinance RZ 13-002, Red Wing Subdivision, for the rezone of a tract of land situated in a portion of the northwest one quarter of Section 30, Township 3 North, Range 1 East, Boise meridian, City of Meridian, 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 R-4, Low Density Residential, 16.55 acres, and R-15, medium high residential, 16.32 acres, zoning 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 and I don't see anyone who would even like to hear it read in its entirety. Bird: Madam Mayor? De Weerd: Council? Mr. Bird. Bird: Seeing that Frank don't want it read or Robert, either one, I will move that we pass Ordinance No. 13-1552, with suspension of rules. Rountree: Second. De Weerd: I have a motion and a second to approve Item 9-A. 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. Item 10: Future eeting Topics De Weerd: Any items from Council for future meeting agendas? Meridian City Council April 16, 2013 Page 66 of 66 Bird: I have none, Mayor. De Weerd: Okay. I would entertain a motion to adjourn. Bird: So moved. Rountree: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED At 10:33 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR T DE WEERD Jr /~/°~ O/.3 DATE APPROVED Item #76: Knightsky Estates (VAR -13-001) Application(s): ➢ Access Variance to Chinden Boulevard _,ze of property, existing zoning, and location: This site consists of 9.34 acres, is currently zoned C -C, and is located on the NWC of Linder Road and Chinden Boulevard, History: In 2006, the property received annexation and preliminary plat approval for a mixed-use development. As part of the annexation approval, a DA was required. Over the last couple years, several addendums to that DA have occurred as well. In 2011, a portion of the property was rezoned and platted for the development of a 9 -hole executive golf course and estate lot subdivision known as the Spurwing Challenge Subdivision, The R-8 portion of the property was removed from the original development agreement and subject to a new one. The remnant 9.34 acre piece is partially developed and is the subject of the proposed variance application. This portion of the property is still governed by the previous recorded development agreements and requires a development agreement modification prior to moving forward with the development of the property. Summary of Request: The applicant is requesting approval of a variance to allow a right-in/right-out access point to SH 20/26 for a commercial development. The proposed access is located approximately 500 feet west of the of Linder/Chinden signalized intersection. For illustrative purposes, the applicant has submitted a concept plan depicting a neighborhood commercial development and additional access points to the development. UDC 11-31-1-46, regulates the standards for access to SH 20/26. Because the use of the site is proposed to change from agricultural to a neighborhood commercial development, the UDC restricts access to the state highway. In 2006, ACHD approved an access point to Linder Road and the Spurwing Challenge Subdivision to the west (currently under construction) is required to provide local street access to the property. The approved street network parallels SH 20/26 and connects to N. Long Lake Way; a signalized intersection at the half -mile, which is consistent with the UDC and the Comprehensive Plan. ITD has commented that the proposed access point meets District policies however, the approval has not been granted because the proposed access violates City ordinance. Further, ITD has not indicated what site improvements or safety measures would be required with the construction of the access point. The City still retains the authority to restrict access into the site from the state highway. order to grant a variance, the Council needs to make the following findings: 1. The variance shall not grant a right or special privilege that is not otherwise allowed in the district. Staff is of the opinion that granting a variance would allow a right or special privilege that is not otherwise allowed for properties that are adjacent to a state highway. Both the commercial property to the south and the residential subdivision to the west of this property have restricted access at the half -mile mark. Further, the ten (10) acre parcel on the southwest corner of Linder/Chinden was denied access to Chinden Boulevard. With development of the site, a backage road/commercial driveway will be required that connects to Linder Road and the residential subdivision to the west in accord with the UDC. 2. The variance relieves an undue hardship because of characteristics of the site. Since future access can be facilitated from Linder Road, a future commercial driveway and the road network approved with the Spurwing Challenge Subdivision, staff is of the opinion there are no site characteristics that create an undue hardship. 3. The variance shall not be detrimental to the public health, safety, and welfare Staff is of the opinion granting the subject variance could be detrimental to the public health, safety, or welfare by increasing the hazards associated with vehicles entering/exiting the site and merging with traffic travelling at high rates of speed on Chinden Boulevard. Staff recommends denial of the subject variance application. Written Testimony: John Overton w/ Meridian PD recommends denial of the variance request due to traffic conflicts that may occur. Outstanding Issue(s) for City Council: Granting access that is not consistent with the UDC, Comprehensive Plan and the Draft 20/26 Access Management Plan. Notes: Item #7C: Sadie Creek Promenade (MDA -13.005) Application(s): ➢ Development Agreement Modification —,ze of property, existing zoning, and location: This site consists of approximately 14.79 acres, is currently zoned C -G, and is located on the southwest corner of Ustick Road and Eagle Road. Adjacent Land Use & Zoning: North: Centrepoint Commercial development, zoned C -G South: Bienville Square Subdivision, zoned R-8, R-15 and C -G West: Carol Subdivision, zoned R-2 East: Gateway Marketplace Subdivision; zoned C -G History: In 2004 (AZ only) and 2005 (AZ, PP and CUP) the property received annexation; preliminary plat and conditional use permit approval for a mixed use commercial development. With annexation approval, development agreements were required, Both the plat and the conditional use permit have expired but the property is subject to both development agreements. Summary of Request: The applicant is requesting to modify the recorded DA approved for the Sadie Creek Promenade project. The recorded DA allows the development of approximately 150,000 square feet of retail, restaurant and office uses. With the approval of the project, a concept plan was submitted for informational purposes only and was not tied to the recorded DA. The applicant has a new vision for how the property may development and has submitted a concept plan which is to be tied to the amended development agreement. The applicant states the site will generally develop with similar square footages thus the stated square footages in the recorded DA are not proposed to change. The applicant has provided a new concept plan that will be tied to the amended development agreement. The proposed concept plan depicts fourteen (14) buildings ranging in square footages between 1,705 square feet up to 22,910 square feet. Proposed accesses include a public street, one full access point and a right-in/right-out only access to point E. Ustick Road. A central private +reet/commercial drive aisle is also planned to connect the E. Ustick Road full access point with the private street constructed within Bienville Square Subdivision to the south. A central plaza area is proposed as an amenity for the development. In general, staff believes the submitted concept plan details the development of the site far better than the previous plan. Staff believes the suggested changes provide better clarity for the development of site therefore; staff is recommending approval of the DA modification. Written Testimony: Matt Schultz, in agreement with the proposed DA changes attached in Exhibit A.5 of the staff report. Staff Recommendation: Approval Outstanding Issue(s) for City Council: None Notes: Meridian City Council Meeting DATE: April 16, 2013 ITEM NUMBER: 5A PROJECT NUMBER: ITEM TITLE: Water and Sewer Main Easement for Commercial Southwest Subdivision No. 2 MEETING NOTES WIN Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS WE IAMA Community Development Department TO: Mayor Tammy de Weerd Members of the City*Council FROM: Steve O'Brien DATE: 4/3/13 Land Development Services Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 SUBJECT: Water and Sewer Main Easement for Commercial Southwest Subdivision No. 2 I. RECOMMENDED ACTION A. Move to: 1. Approve a Water and Sewer Main Easement for the City of Meridian, located on the site of Commercial Southwest Subdivision No. 2. 2. This easement provides the City of Meridian access to public sewer and water mains installed to provide service for Commercial Southwest Subdivision No. 2. 3. Authorize the Mayor to sign the easement, and the City Clerk to attest. II. DEPARTMENT CONTACT PERSONS Bruce Chatterton, Community Development Director Bruce Freckleton, Development Services Manager Steve O'Brien, Development Analyst II - Steve O'Brien, Development Analyst II �-AXW,'A"'M T --- ria_ jz�, IN Ph: 208.887.2211 0 www.merldiancity.ora 884-5533 489-0362 489-0371 Recommending Approval 4 Fax 208.887.1297 Rev: 01/2013 ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 6 BOISE IDAHO nie Ob 03:16 PM DEPUTY Bonnie Oberbillig113041514 Meridian RECORDED -REQUEST OF Meridian City SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this day of Yi 1 , 20 t3 between parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after malting repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance.. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement Commercial -SW -2 - Sewer -W ater-Ease.doc THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRA TOR: President 1Z(0 ,fGb ar! ?00 Address sem, STATE OF IDAHO ) ) ss County of Ada ) k On this ,�— day of MA" , 20-L� , before me, the undersigned, a Notary Public in and for said State, personally appeared DAVM W • T-d1,t21 w{ arid- - known or identified to me to be the President acrd Setar?sp$c#ily, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and ti and year,fiaAb.ove. wt'!Lela.AMANDA McCURRY � � h NOTARY PUBLIC r r� - WARY PUBLI F FA TF OF" I AHO Residing at: Commission Expires:_ Sanitary Sewer and Water Main Easement Sewer-Water-Ease.doe ;al the day Commercial -SW -2- GRANTEE: CITY OF MERIDIAN Tammy dyW/erd, Mayor Jaycee L. Holman, City Approved By City Council On: ;tco nu�usT '-1 9� q city of EIDIZ IDAHO DAH-� SEAL j_ =w U el -5 STATE OF IDAHO, ) ss. County of Ada ) On this _day of ��r� \ , 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. a�% N AR Y PUB C FOR I R ding at: t-(cy�&o vi t D Commission Expires: \-Vkv) i.1 , 2a1L-� Sanitary Sewer and Water Main Easement Commercial -SW 2- Sewer-Water-Ease.doc TEALEY'S LAND 12594 W. Explorer Drive, Suite 160'- Boise, Idaho 83713 SURVEYING (208) 385.0636 a] 0 Fax (208) 385-0696 Project, No.: 3687 EXHIBIT "A" Date: March 22, 2013 DESCRIPTION OF CITY OF MERIDIAN WATER & SEWER MAIN EASEMENT FOR COMMERCIAL SOUTHWEST SUBDIVISION No. 2 EASEMENT #1: A parcel of land being a portion of the SW 1/4 of the SW 1/4 of Section 25, TAN., R.1W., B.M., Meridian, Ada County, Idaho and more particularly described as follows: COMMENCING at the Southwest corner of said Section 25, marked by a brass cap; thence along the West boundary of said Section 25 North 00°24'56" East 299.14 feet to a point on the extended North boundary of Commercial Southwest Subdivision No. 1, filed for record in the office of the Ada County Recorder, Boise, Idaho in Book 101 of Plats at page 13250; thence along said extended North boundary and said North boundary South 89035'04" East 260.54 feet to the POINT OF BEGINNING; thence leaving said North boundary North 00°24'56" East 110.00 feet to a point; thence continuing North 89°35'04" West .23,00 feet to a point; thence continuing North 00°24'56" East 30.00 feet to a point; thence continuing South 89035'04" East 55.00 feet to a point; thence continuing North 00024'56" East 89.56 feet to a point; thence continuing North 47006'41" West 109.53 feet to a point; thence continuing North 00024'56" East 85.30 feet to a point; thence continuing North 89035'04" West 25.00 feet to a point; thence continuing North 00024'56" East 25.00 feet to a point; thence continuing South 8903604" East 25.00 feet to a point; thence continuing North 00°24'56" East 83.58 feet to a point; thence continuing North 89°35'04" West 25.00 feet to a point; thence continuing North 00024'56" East 20.00 feet to a point; thence continuing South 89035'04" East 25.00 feet to a point; thence continuing North 00°24'56" East 33.00 feet to a point; thence continuing North 89°35'04" West 25.00 feet to a point; thence continuing North 00024'56" East 20.00 feet to a point; thence continuing South 89°35'04" East 25.00 feet to a point; thence continuing North 00°24'56" East 92.43 feet to a point on a curve on the South right-of-way line of West Deer Crest Street; thence along said South right-of-way line along the arc of a curve to the left whose radius is 1029.00 feet, whose central angle is 1"40'20", whose length is 30.03 feet and whose long chord bears North 87°44'01" East 30.03 feet to a point; thence leaving said South right-of-way line South 00024'56" West 361.07 feet to a point; thence continuing South 47006'41" East 60.33 feet to a point; thence continuing North 42053'19" East 10.00 feet to a point; thence continuing South 47006'41" East 20.00 feet to a point; thence continuing South 4205319" West 10.00 feet to a point; thence continuing South 47°06'41" East 15.64 feet to a point; thence continuing 3687-water-sewer-ease-desc.doc-dnm Page 1 of 2 TEALEY'S LAND SURVEYING 12594 W. Explorer Dr., Ste # 150, Boise, ID 83713 * (208) 385-0636 City of Meridian Water and Sewer Main Easements Page 2 of 2 Commercial Southwest Subdivision No. 2 South 00024156" West 238.36 feet to a point on said North boundary of Commercial Southwest Subdivision No. 1; thence along said North boundary North 89035'04" West 52.00 feet to the POINT OF BEGINNING. Said Parcel of Land Contains 24,633 Sq. Ft., more or less. Together With: EASEMENT #2: A parcel of land being a portion of the SW 1/4 of the SW 1/4 of Section 25, T.4N., R.1W., B.M., Meridian, Ada County, Idaho and more particularly described as follows: COMMENCING at the Southwest corner of said Section 25, marked by a brass cap; thence along the West boundary of said Section 25 North 00°24'56" East 299.14 feet to a point on the extended North boundary of Commercial Southwest Subdivision No. 1, filed for record in the office of the Ada County Recorder, Boise, Idaho in Book 101 of Plats at page 13250; thence along said extended North boundary South 89°35'04" East 38.00 feet to the Northwest corner of said Commercial Southwest ,Subdivision No. 1 on the East right-of-way line of North Linder Road, marked by an iron pin; thence along said East right-of-way line North 00024'56" East 254.50 feet to the POINT OF BEGINNING; thence continuing North 00°24'56" East 20.00 feet to a point; thence leaving said East right-of-way line . --South 89°3604"•East 28,00 feet to a point; thence .continuing North 00°24'56" East 10.00 feet to a point; thence continuing South 89035'04" East 20.00 feet to a point; thence continuing South 00024'56" West 30.00 feet to a point; thence continuing NQrth.89°35'.04" West 48.00 feet to the POINT OF BEGINNING. $aid. Parcel of Land Contains 1,160 .Sq. Ft., more Qr.less, I 26rl/16 N 00°24138" E 1318.69' ORNER I 0----------------------- J--------- 0�- I WEST DEER CREST STREET S 89°35'11" E C-2 C-1 C -3--O-_. EXHIBIT "B" CITY OF MERIDIAN WATER & SEWER MAIN EASEMENTS AT COMMERCIAL SOUTHWEST SUBDIVISION No. 2 A PORTION OF THE SW 1/4 SW 1/4, SECTION 25, T.4N., R.M., B.M. MERIDIAN, ADA COUNTY, IDAHO N �L SCALE IN FEET I" = 100' LINE TABLE 140.64' TABLE BEARING LENGTH CURVE N 00'24'56" E(;':;;:;( DELTA LENGTH 1 CHORD 92.43' 1029.00' I 30.03' 9 30,03' C- 2 38' I 33.12' N 89°29'30" E 33.11' C- 3 .7. 2°56'22" 52.79' N 85°25'40" E 52.78' L-7 N 00°24'56" E 20.00' L-10 S 89'35'04" E 25.00' L-11 N 42°53'19" E 10.00' J L-4'*I S 47'06'41" E 1 N I I N 00 °24'56" E I' co i ID U, S 47'06'41" E 15.64' 83.58' N 00'24'56" E 20.00' �¢ z e L-3�' 'i o0 - L-18 N'fl;:,' 20.00' L-19 EASEMENT "2" 30.00' w �I N 89'35'04" W i 1,160 S.F. J al TN 00°24'56" Eo 0 85,30 '-I(:; EXHIBIT "B" CITY OF MERIDIAN WATER & SEWER MAIN EASEMENTS AT COMMERCIAL SOUTHWEST SUBDIVISION No. 2 A PORTION OF THE SW 1/4 SW 1/4, SECTION 25, T.4N., R.M., B.M. MERIDIAN, ADA COUNTY, IDAHO N �L SCALE IN FEET I" = 100' I- zL-17 �: S 47-06-41" 7 / 60.33' Z L-16 L-18'',� / L-22�- --N 47°06'41" W 109.53' + i' P.O.B. "2" N 00°24'56" E 89.56' 6 S 89 °35'04" E w I 55.00' �^ i° N 00°24'56" E v _ 30.00' I O N'� Z I N 89 °35'04" W 23.00' 5 o P.O.B. 'Ili orti.:; 1 - S 89°35'04" E 260.54' 138.00' - - • " i 222.54' i 1 NORTHWEST CORNER OF -" COMMERCIAL SOUTHWEST No. I m SUBDIVISION N 264 25 WEST McIAILLAN ROAD 35 36 EASEMENT "I" 24,533 S.F. N 89 °35'04" W i 52.00' LINE TABLE CURVE TABLE BEARING LENGTH CURVE RADIUS DELTA LENGTH BEARING CHORD C- I 1029.00' 1°40'20" 30.03' N 87°44'01" E 30,03' C- 2 1029,00' 1°50'38" 33.12' N 89°29'30" E 33.11' C- 3 1029.00' 2°56'22" 52.79' N 85°25'40" E 52.78' I- zL-17 �: S 47-06-41" 7 / 60.33' Z L-16 L-18'',� / L-22�- --N 47°06'41" W 109.53' + i' P.O.B. "2" N 00°24'56" E 89.56' 6 S 89 °35'04" E w I 55.00' �^ i° N 00°24'56" E v _ 30.00' I O N'� Z I N 89 °35'04" W 23.00' 5 o P.O.B. 'Ili orti.:; 1 - S 89°35'04" E 260.54' 138.00' - - • " i 222.54' i 1 NORTHWEST CORNER OF -" COMMERCIAL SOUTHWEST No. I m SUBDIVISION N 264 25 WEST McIAILLAN ROAD 35 36 EASEMENT "I" 24,533 S.F. N 89 °35'04" W i 52.00' TEALEY'S LAND SURVEYING 12594 W. EXPLORER DRIVE, SUITE 150, BOISE, ID 83713 3687-Woter- Sewer- Eose.dwg 03-22-13 09:52:58 dmorks 208-385-0636 T LINE TABLE LINE BEARING LENGTH L -I N 89°35'04" W 25.00' L-2 N 00°24'56" E 25.00' L-3 S 89 °35'04" E 25.00' L-4 N 89 °35'04" W 25.00' L-5 N 00°24'56" E 20.00' L-6 S 89°35'04" E 25.00' L-7 N 00°24'56" E 33.00' L-8 N 89'35'04" W 25.00' L-9 N 00°24'56" E 20.00' L-10 S 89'35'04" E 25.00' L-11 N 42°53'19" E 10.00' L-12 S 47'06'41" E 20.00' L-13 S 42°53'19" W 10.00' L-14 S 47'06'41" E 15.64' L-15 N 00'24'56" E 20.00' L-16 S 89°35'04" E 28.00' L-17 N 00°24'56" E 10.00' L-18 S 89°35'04" E 20.00' L-19 S 00°24'56" W 30.00' L-20 N 89'35'04" W 48.00' TEALEY'S LAND SURVEYING 12594 W. EXPLORER DRIVE, SUITE 150, BOISE, ID 83713 3687-Woter- Sewer- Eose.dwg 03-22-13 09:52:58 dmorks 208-385-0636 T Meridian City Council Meeting DATE: April 16, 2013 ITEM NUMBER: 5B PROJECT NUMBER: ITEM TITLE: Release of Development Agreement with Red Tail Communities, LLC. MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS When recorded, please return to: City Clerk CITY OF MERIDIAN 33 E. Broadway Meridian, Idaho 83642 ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 BOISE IDAHO 04/11/13 03:16 PM I DEPUTY Bonnie Oherbillig RECORDED -REQUEST OF 1141513 Meridian Ciry RELEASE OF DEVELOPMENT AGREEMENT This Release of Development Agreement (this "Release") made by and between the City of Meridian, an Idaho municipal corporation ("City") and Red Tail Communities LLC, a Delaware limited liability company ("Owner"). WHEREAS, City and Owner's predecessor -in -title entered into that certain Development Agreement dated August 28, 2006, and recorded in the real property records of Ada County, Idaho, on or about September 21, 2006, as Instrument No. 106151214, as amended by that certain Addendum to Development Agreement dated May 12, 2008, and recorded in the real property records of Ada County, Idaho, on or about June 6, 2008, as Instrument No. 108065958 (collectively, "Development Agreement") as a condition of annexation and initial zoning of approximately 182.6 acres of real property legally described in the Development Agreement and known at that time as the proposed Tanana Valley Subdivision ("Original Property"); WHEREAS, on �Y, 110 , 2013, City adopted Rezone Ordinance 13 1,55 to rezone a portion of the Original Property consisting of approximately 31.83 acres, legally described in Exhibit A attached hereto ("Released Property'), following a public hearing on or about :PAa -,) (p , 2013, before the Meridian City Council (Case No. RZ 13 --oO Z4 ),which supersedes the initial zoning and related Development Agreement as to the Rezoned Property; WHEREAS, City and Developer desires to execute and record this Release to memorialize that the Development Agreement is no longer of any force or effect as to the Released Property. NOW, THEREFORE, in consideration of the recitals above, City declares and confirms, and Developer agrees, that in light of the notice and public hearing held on-wamy-, a t0 2013, and the Rezone Ordinance 13 - \55 :� approved by the City Council on fwA1( , 2013, the Released Property is hereby released from, and shall no longer be subject, to the Development Agreement. The Development Agreement shall remain in full force and effect as all portions of the Original Property except the Released Property. [end of text] RELEASE OF DEVELOPMENT AGREEMENT — 1 1672843-3 IN WITNESS WHEREOF, the parties have executed this Release effective as of the /& d 2013. a of Y CITY: OWNER: CITY OF MERIDIAN, an Idaho municipal corporation BY - _ CQ Mayor T y de Weerd A Holman, City Clerk STATE OF IDAHO County of Ada ) ss. RED TAIL COMMUNITIES LLC, a Delaware limited liability company By: JanY Fullmer, Manager ��C�tA i - D A UCGsl. GO I w I ow !Y /] Cityof ibAHO F SEAL 1 1111�1uTRE�9��'0 On this day of —P-pn state, personally appeared T , 2013, before the undersigned notary ammy de Weerd and Jaycee L Holman, known or identified to me to be the Mayor ' f the City of Meridian, an Idaho municipal corporation, the ersons public in and for the said City Clerk o foregoing instrument on behalf of said municipal corporation and acknowledged tpo me that who executed and attested the Y and same. said municipal executed the IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. �.' (a w 4�..Y t+ A o ary Public for Id o Residing at: �- c\\C"Vl l w ,;, 0 My Commission Expires: STATE OF IDAI40� � :ss. County of Ada On this day of /Ver state, personally , 2013, before the undersigned notary public in and for the said appeared Randy Fullmer, known or identified to me to be a Manager of Red Tail Communities LLC, a Delaware limited liability company, the person who executed foregoing instrument on behalf of said limited liability company and acknowledged to me that said limited liability company executed the same, IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. ALAN C. NOBLE NOTARY PUBLIC Notary Public for Idaho STATE OF IDAHO Residingat: My Commission Expires: RELEASE OF DEVELOPMENT AGREEMENT -2 1672843-3 April 9, 2013 Project No. 112168 Red Wing Subdivision 31.83 Acres THE LAND GROUP, INC. Exhibit "A" Page 1 of 2 A tract of land situated in a portion of Government Lot 1 and the Northeast One Quarter of the Northwest One Quarter of Section 30, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: COMMENCING at a found brass cap which monuments the Northwest Corner of said Section 30, which bears South 89042'14" West a distance of 2,450.84 feet from a found brass cap which monuments the North One Quarter Corner of said Section 30, thence following the northerly line of said Section 30 and the centerline of East Victory Road, North 89°42'14" East a distance of 650.00 feet to the POINT OF BEGINNING. Thence following said northerly line and said centerline, North 89°42'14" East a distance of 1,236.84 feet; Thence leaving said northerly line and said centerline, South 0°1746" East a distance of 350.00 feet; Thence 317.51 feet along a circular curve to the right, said curve having a radius of 317.50 feet, a central angle of 57°17'49", a chord bearing of South 28°21'06" West and a chord distance of 304.44 feet; Thence South 57°4333" West a distance of 46.19 feet; Thence 237.06 feet along a circular curve to the left, said curve having a radius of 682.50 feet, a central angle of 1954'04", a chord bearing of South 47'4631" West and a chord distance of 235.87 feet; Thence South 35°4332" West a distance of 50.00 feet, Thence 173.56 feet along.a circular curve to the left, said curve having a radius of 530.56 feet, a central angle of 18°4436", a chord bearing of South 26021'15" West and a chord distance of 172.79 feet; Thence South 19°04'55" West a distance of 57.81 feet to a point on the centerline of the Ridenbaugh Canal; Thence following said centerline, North 70°55'11" West a distance of 1122.60 feet; Thence following said centerline, North 57°31'47" West a distance of 69.47 feet; Thence following said centerline, North 44°08'23" West a distance of 314.59 feet to a point on the westerly Right-of-way line of said South Meridian Road; Thence following said westerly Right-of-way line, North 0°25'49" East a distance of 346.74 feet to a point on the -southerly right -of -way -line of East Victory -Road; Thence following said southerly right-of-way line, North 67011'27" East a distance of 65.30 feet; 10 Site Planning c tanrlscarie Architecture --Civil fnginecrin� e Gtptf E.'t7itrse Irrigation R. Enninetrint! t, Cirnphit. Corntrrunicacinn 0 Surveying 462 E. Shote Drive, Ste.100, Eagle, Idaho 83616 o P XM93rs.a04.i `:208,.939A44S - wwwAhelandgrouainc.com \2D7.2\t1't168�aariii�iiJegals\I 130401 lxoperty boundary description 112168.doc Page 2 of 2 THE LAND GROUP, INC, Thence following said southerly right-of-way line, North 85058'50" East a distance of 89.71 feet; Thence following said southerly right-of-way line, North 89°24'55" East a distance of 430.98 feet, Thence leaving said southerly right-of-way line, North 0°17'46" West a distance of 32.00 feet to the POINT OF BEGINNING. The above-described tract of land contains 31.83 acres more or less, subject to all existing easements and rights-of-way. Prepared By; THE LAND GROUP, INC. 462 E. SHORE DRIVE, SUITE 100 S ODS�� EAGLE, IDAHO 83616 208-939-4041 0 208-939-4445 (FAX) a 14216 wo qTF OF 0 AELH,c q,?.00.3 0 Site Planning 401) dscope Architectare x Civd Engineeriny o Golf Course Irrigation & Engineering N Graphic Communication e ;urveyiny 462 E. Shore Drive, Ste.100, Eagle, Who 8361.6 v P 2M939.4043 P 208.939.4445 V www.ti)elandgroupinc.com ;\2012\i1'l_If i\adm��in\legals\E 130401 property boundary description 112168.do( Title: Date: 04-09-2013 Scale: 1 inch= 250 feet File: Tract 1: 31.826 Acres: 1386347 Sq Feet: Closure = n07.5445w 0.00 Feet: Precision >1/999999: Perimeter = 4940 Feet 001=n89.42I4e 1236,84 6� Delta= II"�Ls 6 11111$9436 013=n67.1127e 65.30 002=s0.1746e 350.00 008=sl9.0455w 57.81 014=n85.5850e 89.71 Bng R282106wC d=304.441749 009=00.551 1w 1122.60 015=n89.2455e 430.98 004=s57.4333w 46.19 010=n57.3147w 69.47 016=n0.1746w 32.00 00,1, s47463i w 0did 235 0 404 011=n44.0823w 314.59 006=s35.4332w 50,00 012=n0.2549e 346,74 Meridian City Council Meeting DATE: April 16, 2013 ITEM NUMBER: 5C PROJECT NUMBER: ITEM TITLE: Professional Services Agreement with Kings of Swing for Musical Talent for Concerts on Broadway on July 20, 2013 for an amount not to exceed $1,800.00 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS PROFESSIONAL SERVICES AGREEMENT MUSICAL TALENT FOR CONCERTS ON BROADWAY This PROFESSIONAL SERVICES AGREEMENT — MUSICAL TALENT FOR CONCERTS ON BROADWAY ("Agreement") is made this _�k day of April, 2013 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City") and Tom Phelps, doing business as Kings of Swing, an assumed business name certified under the laws of the State of Idaho, whose address is 10790 W. Hickory Drive, Boise, Idaho {"Promoter"). WHEREAS, the City desires that the plaza at Meridian City Hall serve as a place where members of the community can gather to enjoy downtown Meridian and to take part in the arts, and to that end, the Meridian Arts Commission is presenting Concerts on Broadway, a series of concerts to be held in the Meridian City Hall plaza during the summer; and WHEREAS, the Parties mutually desire to present, as part Of Concerts on Broadway, the music of Kings of Swing, a seventeen -piece band specializing in the performance of swing and big band music; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: L SCOPE OF SERVICES. A. Performance. Tom Phelps and the Kings of Swing, shall perform for the public approximately fifteen.(15) swing and/or big band songs, from 7:00 p.m. to at least 8:30 p.m., on Saturday, July 20, 2013, in the plaza at Meridian City Hall, at 33 E. Broadway, Meridian, Idaho, with one fifteen - minute break during this time. In case of inclement weather, the venue will be moved to an indoor location to be determined and agreed upon separately by the Parties. B. Sound system; set up and sound checks. City shall provide, set up, and operate any and all sound systems and equipment necessary to electronically amplify music and spoken announcements, City shall set up sound systems and/or related equipment by 5:00 p.m. on July 20, 2013, and Kings of Swing may rehearse and/or perform sound checks at that time. All set-up, rehearsal, and/or sound checks shall be completed by 6:30 p.m. C. Risers. If Promoter elects to use risers to elevate the musicians, Promoter shall provide and set up such risers, and shall utilize such materials necessary to protect City facilities from any and all damage therefrom. II. COMPENSATION. A. Total amount. City shall make total payment to Promoter for services rendered pursuant to this Agreement in the amount of one thousand eight hundred dollars ($1,800.00). This payment shall constitute full compensation from City to Promoter and/or to the members of Kings of Swing for any and all services, costs, and expenses related to services performed under this Agreement. Promoter and/or the respective members of Kings of Swing shall be responsible for payment of any.and all taxes due and owing for payment received under this Agreement. PROFESSIONAL SERVICES AGREEMENT -KINGS OF SWING, CONCERTS ON BROADWAY PAGE 1 Of 5 B. Cancellation of event. If Kings of Swing is present and prepared to perform at the time, date, and place, and in accordance with the terms set forth herein, City shall pay Promoter in the amount set forth herein, even if the event is cancelled due to unforeseen events not caused by Promoter or the members of Kings of Swing. Any decision regarding whether to cancel the performance shall be made no earlier than 6:30 p.m. on July 20, 2013. C. Method of payment. Following the July 20, 2013 performance, Promoter shall provide City with an invoice for the amount of one thousand eight hundred dollars ($1,800.00) for services provided, which City shall pay within thirty (30) days of receipt thereof. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Promoter. III. VENUE A. Plaza. City shall provide for the performance the outdoor plaza on the east side of Meridian City Hall, 33 E. Broadway, Meridian, Idaho ("venue"), which is an outdoor, open, public venue. Promoter shall be solely responsible for any and all measures necessary to protect equipment, instruments, and Kings of Swing members from damage due to weather and other conditions that do or may exist. B. Public venae. Promoter acknowledges that the venue is a public place and that all members of the public shall be invited to attend. To this end, the members of Kings of Sling shall perform such material and in such a manner as shall be appropriate for all ages, values, and sensibilities. Kings of Swing's performance and attire shall not include language, attire, and/or behavior that is profane, sexual, violent, or discriminatory. C. City policy applies. Promoter and Kings of Swing shall comply with all City policies and codes applicable to use of City property and facilities, including, but not limited to, policies of the Meridian Parks and Recreation Department, and any requirements of the City Building Maintenance Technician, which requirements shall be reasonable and for the purpose of protecting City facilities and property. D. Photography and recording. City shall be authorized to photograph, record, video tape, reproduce, transmit, or disseminate, in or from the plaza, the performance solely for educational and public information purposes. City shall not be responsible for the actions of persons who are not under its employment or control. E. Merchandising. Promoter and/or Kings of Swing shall be authorized to sell albums and/or merchandising material at the performance, and may retain the proceeds of such sales. City respectfully requests that twenty percent (20%) of any proceeds from merchandise sold at the Concerts on Broadway event be voluntarily donated to the Meridian Arts Commission. Promoter and Kings of Swing shall be responsible for paying all sales and other taxes due and owing on the proceeds from merchandise sold. IV. TERMS AND CONDITIONS A. Time of the essence. Promoter acknowledges that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. PROFESSIONAL SERVICES AGREEMENT— KINGS OF SWING, CONCERTS ON BROADWAY PAGE 2 of 5 E. Promotion of event. City shall promote the performance in community promotional materials and avenues, including the City newsletter, City website, Meridian Parks & Recreation Department Activity Guide, and local media and event calendars. Promoter may undertake additional promotional activities at his own expense and effort, subject only to the limitations set forth herein. City hereby conveys to Promoter permission to use City's name in all forms and media and in all manners, without violation of City's respective rights of privacy or any other rights City may possess in connection with its role in the production of Concerts on Broadway, except that City's logo may not be used in any manner whatsoever without the express, written consent of the Mayor's Executive Assistant. To the extent practicable, Promoter shall be given the opportunity to review, for purposes of accuracy, and approve all promotional materials in advance of their publication, broadcast or dissemination. The band shall be listed as "Kings of Swing" in all promotional materials that are created by City or within the City's control. C. Subcontracting or assignment of obligations. Promoter shall not subcontract or assign any of the obligations of Kings of Swing under this Agreement related to or that may relate to the band's talent or expertise. Promoter may subcontract or assign obligations that do not require the band's artistic talent or expertise, including, but not limited to, such obligations as transport and set-up of special equipment and/or instruments. Any subcontractor or assignee shall be bound by all the terms and conditions of this Agreement. D. lion -waiver of breach. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. E. Indemnification. Promoter shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Promoter and/or Kings of Swing, their assistants, servants, agents, employees, guests, and/or business invitees, in connection with this Agreement or activities related thereto. Promoter and each member of Kings of Swing acknowledge that provision of the services described hereunder presents risks, some of which are unknown, and do agree to assume all such known or unknown risks. F. Waiver. Except as to rights held under the terms of this Agreement, Promoter and each member of Kings of Swing shall, and hereby do, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident the performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of concurrent or sole negligence of City or its officers, agents or employees. G. Relationship of Parties. Promoter and each member of Kings of Swing is an independent contractor and is not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Promoter or any member of Kings of Swing and City or any official, agent, or employee of City. Promoter and Kings of Swing shall retain the right to perform services for others during the term r of this Agreement. H. Compliance with law. Throughout the course of this Agreement, Promoter and each member of Kings of Swing shall comply with any and all applicable federal, state, and local laws. PROFESSIONAL SERVICES AGREEMENT—KINGS OF SWING, CONCERTS ON BROADWAY PAGE 3 of 5 L Non -Discrimination, Throughout the course of this Agreement, neither Promoter nor any member of Kings of Swing shall discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. J. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto, K. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. L. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. M. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. N. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. ®. Successors and assigns. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. P. Notice. Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: City: Kings of Swing; City of Meridian Tom Phelps Emily Kane, Deputy City Attorney 10790 W, Hickory Drive 33 E. Broadway Avenue Boise, Idaho 83713 Meridian, Idaho 83642 Either party may change its address for the purpose of this section by giving written notice of such change in the manner herein provided. Q. Warranty of authority. The undersigned expressly warrants that, to the extent set forth herein, he is duly authorized to act as the representative and agent of Kings of Swing and each and every member thereof. The undersigned further warrants that he is authorized to bind Kings of Swing and its members to the obligations set forth herein, and to accept the liabilities as established herein on behalf of Kings of S4ing and its members. PROFESSIONAL SERVICES AGREEMENT—KINGS OF SWING, CONCERTS ON BROADWAY PAGE 4 of 5 R. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the bnday of April, 2013. PROMOTER: Tom Phelps for Kings of Swing CITY OF MERIDIAN: BY: Tammy d, eerd, Mayor r;t ED AV L,S Uel (1 �s itAttest: ER,TDTA Ig4�610 ate` SS ATL ���he7ttG}5�'0 City Clerk PROFESSIONAL SERVICES AGREEMENT—KINGS OF SWING, CONCERTS ON BROADWAY PAGE 5 of 5 Meridian City Council Meeting DATE: April 16, 2013 ITEM NUMBER: 5D PROJECT NUMBER: TEC 13-002 ITEM TITLE: Bainbridge Sub Final Order for Approval: TEC 13-002 Bainbridge Subdivision by Brighton Investments, LLC Located Southwest Corner of W. Chinden Boulevard and N. Ten Mile Road Request: Two (2) Year Time Extension on the Preliminary Plat for Bainbridge Subdivision in Order to Obtain the City Engineer's Signature on a Final Plat MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: April 16, 2013 ITEM NUMBER: 5E PROJECT NUMBER: FP 13-001 ITEM TITLE: Isola Creek Final Order for Approval: FP 13-011 Isola Creek Subdivision by Coleman Homes, LLC Located East Side of N. Ten Mile Road and North of W. Ustick Road Request: Final Plat Approval Consisting of 48 Single -Family Residential Building Lots and 10 Common Lots on Approximately 20.45 Acres of Land in an R-4 Zoning District MEETING NOTES [-Y-4 PPOOVE t Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: April 16, 2013 ITEM NUMBER: 5F PROJECT NUMBER: MDA 13-006 ITEM TITLE: Waverly Place Findings of Fact, Conclusions of Law for Approval: Public Hearing: MDA 13-006 Waverly Place by Scott Noriyuki, Northside Management Located North Side of E. Magic View Drive, West of S. Wells Street Request: Amendment to the Development Agreement for Waverly Place Subdivision to Allow the Construction of Single -Family Attached and Detached Homes Instead of Just Attached Homes MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: April 16, 2013 ITEM NUMBER: 7A PROJECT NUMBER: AZ 11-003 ITEM TITLE: King Property Public Hearing Continued from November 7, 2012: AZ 11-003 King Property by Dexter King Located at 1 195 W. Overland Road Request: Annexation and Zoning of 8 Acres of Land within an R-8 Zoning District MEETING NOTES W / ViJIV/7� Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: April 16, 2013 ITEM NUMBER: 7B PROJECT NUMBER: VAR 13-001 ITEM TITLE: Knightsky Property Public Hearing Continued from April 2, 2013: VAR 13-001 Knightsky Estates by Iron Mountain Real Estate, Inc. Located on the Northwest Corner of Chinden Bouelvard and N. Linder Road Request: Right-In/Right-Out Access Point to State Highway 20/26 (Chinden Bouelvard) MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN—UP SHEET DATE April 16, 2013 ITEM # PROJECT NUMBER VAR 13-001 PROJECT NAME Knightsky Estates EL PLEASE PRINT NAME FOR AGAINST NEUTRAL _ y - fes- ry F TLJ' s,s r s Meridian City Council Meeting DATE: April 16, 2013 ITEM NUMBER: 7C PROJECT NUMBER: MDA 13-005 ITEM TITLE: Sadie Creek Public Hearing: MDA 13-005 Sadie Creek by Sadie Creek Commons, LLC Located Southwest Corner of N. Eagle Road and E. Ustick Road Request: Amend the Sadie Creek Development Agreement (Instrument #108008770) for the Purpose of Attaching a Concept Plan and Modifying Certain Provisions MEETING NOTES Me IRS MUIR; Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: April 16, 2013 ITEM NUMBER: 7D PROJECT NUMBER: ITEM TITLE: Public Hearing: Public Works Department, Environmental Division Fee Schedule MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN NOTICE OF PUBLIC HEARING Notice is hereby given pursuant to the laws of the State of Idaho that the City Council of the City of Meridian will hold a public hearing at 7:00 p.m. on Tuesday, April 16, 2013, at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, regarding the City of Meridian Public Works Department, Environmental Division Fee Schedule, set forth below. Any and all interested persons shall be heard at the public hearing. Written testimony is welcome; written materials should be submitted to the City Clerk prior to the public hearing. All testimony and materials presented shall become property of the City of Meridian. For auditory, visual, or language accommodations, please contact the City Clerk's Office at (208) 888-4433 at least 48 hours prior to the public hearing. Pretreatment plan review — new commercial construction $75.00 Pretreatment site inspection — new commercial construction $75.00 Pretreatment plan review — tenant improvement $75.00 Pretreatment site inspection — tenant improvement $75.00 DATED this 29th day of March, 2013. JAYCEE L. PUBLISH on April 1, 2013 and April 8, 2013. ED AUCUsr r n Js ow —��LL�u iowwo SEA CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE April 16, 2013 ITEM # cm Public Works, Enviornmental Division Fee PROJECT NAME Schedule GPEASE PRINT NAME FOR AGAINST NEUTRAL] f- i 'T' C1 ERKS OFFICE ,y Meridian City Council Meeting DATE: April 16, 2013 ITEM NUMBER: 7E PROJECT NUMBER: ITEM TITLE: Resolution No. Proposed # 13-919: Adopting Public Works Department, Environmental Division Fee Schedule MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. Z3 l / l q BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION ADOPTING FEE SCHEDULE OF THE CITY OF MERIDIAN PUBLIC WORKS DEPARTMENT, ENVIRONMENTAL DIVISION; AUTHORIZING THE ENVIRONMENTAL DIVISION TO COLLECT SUCH FEES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, following publication of notice according to the requirements of Idaho Code section 63-1311A, on April 16, 2013, the City Council of Meridian held a hearing on the adoption of the proposed Fee Schedule of the City of Meridian Public Works Department, Environmental Division, as set forth in Exhibit hereto; and WHEREAS, following such hearing, the City Council, by formal motion, did approve said proposed Fee Schedule of the Public Works Department, Environmental Division; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the Fee Schedule of the Public Works Department, Environmental Division, as set forth in ExhibitA hereto, is hereby adopted. Section 2. That the Public Works Department, Environmental Division is hereby authorized to implement and carry out the collection of said fees. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho this 16th day of April, 2013. APPROVED by the Mayor of the City of Meridian, Idaho, this 16th day of April, 2013. ATTEST: aycee ftolman, City Cleric APPROVED: 0OV �pjIA-) AUCLg��. ti$Go City of S- El' IDIA N�- IDAHO SEAL ti hr TRE SUMO eerd, Mayor ADOPTION OF FEE SCHEDULE OF PUBLIC WORIcs DEPARTMENT, ENVIRONMENTAL DIVISION PAGE 1 OF 2 ExhibitA FEE SCHEDULE OF THE PUBLIC WORKS DEPARTMENT, ENVIRONMENTAL DIVISION Pretreatment plan review — new commercial construction $75.00 Pretreatment site inspection — new commercial construction $75.00 Pretreatment plan review — tenant improvement $75.00 Pretreatment site inspection — tenant improvement $75.00 ADOPTION OF FE, I•, SCHEDULE OF PUBLIC WORKS DEPARTMENT, ENWRONMENTAL DIVISION PAGE 2 OF 2 Meridian City Council Meeting DATE: April 16, 2013 ITEM NUMBER: 7F PROJECT NUMBER: ITEM TITLE: Public Comment: Large -Scale Special Events Update to Temporary Use Code MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN NOTICE OF PUBLIC COMMENT OPPORTUNITY Notice is hereby given that the City Council of the City of Meridian will accept public comment at 7:00 p.m. on Tuesday, April 16, 2013, and at 7:00 p.m. on Tuesday, April 23, 2013, at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, regarding proposed updates to Meridian City Code provisions regarding Temporary Use Permits for Special Events. The proposed updates define "large-scale special events" and would require 1) that organizers of large-scale special events meet with City staff prior to submitting an application for a temporary use permit for a large-scale special event, 2) that complete applications be submitted sixty (60) days prior to the event, 3) that organizers obtain additional insurance for large-scale special events, and 4) where additional City services are needed in the presentation of a large-scale special event, that organizers enter into a Special Event Agreement with the City. A complete copy of the proposed ordinance is available at the City Clerk's Office or may be obtained by contacting Nancy Radford by phone at (208) 888-4433 or by email at nradford@meridiancity.org. Any and all interested persons shall be heard. Written testimony is welcome; written materials should be submitted to the City Clerk prior to the public hearing. All testimony and materials presented shall become property of the City of Meridian. For auditory, visual, or language accommodations, please contact the City Clerk's Office at (208) 888-4433 at least 48 hours prior to the public hearing. DATED this 10th day of April, 2013. JACY PUBLISH on April 15, 2013 and April 22, 2013. O4Q,TED AUGUST ----- 4 lTY CLD City of E IDIZ IAN. a IDAHO SEAL ti y P T6A°�1de TRFAS�A�� CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE April 16, 2013 ITEM # 7F PROJECT NUMBER Large Scale Special Events Update to Temporary PROJECT NAME Use Code ME I FOR I AGAINST I NEUTRALI yr __ R i I aati __ �_ Meridian City Council Meeting DATE: April 16, 2013 ITEM NUMBER: 7G PROJECT NUMBER: ITEM TITLE: Second Reading of Ordinance No. 13-1549 Large -Scale Special Events Update to Temporary Use Code MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS April 3, 2013 RE: Proposed Update to City of Meridian Temporary Use Code that may affect you Dear Special Event Organizer: I wanted to let you know that in the coming weeks, the City Council of the City of Meridian will be considering changes to the City's Temporary Use Code that may be of particular interest to you. Specifically, the proposed changes will update the provisions of City Code relating to special events occurring within Meridian. A copy of the proposed ordinance is enclosed. The proposed ordinance change will require that a complete application for a Temporary Use Permit for a Large-scale Special Event be submitted at least sixty (60) days prior to the planned event, and that the organizer must meet with City employees prior to submitting the application. Additionally, there will be heightened insurance requirements for Large -Scale Special Events, and where any City services will be used for the event, the organizer must negotiate a Special Event Agreement with the City to establish terms and conditions for the provision of these services. I invite your feedback on the proposed ordinance. Please provide any written comments to me via e-mail or U.S. mail, addressed as set forth below. The first reading of the ordinance will be at the regularly -scheduled Meridian City Council meeting on Tuesday, April 9, 2013, at 7:00 p.m.; the second reading will be at the City Council meeting on Tuesday, April 16, 2013, at 3:00 p.m.; and the third reading will be at the City Council meeting on Tuesday, April 23, 2013, at 7:00 p.m. All of these meetings will be held in City Council Chambers at Meridian City Hall, 33 E. Broadway Avenue, in Meridian, Idaho. Written or verbal public testimony will be accepted at each of these meetings. Thank you for your interest in the City of Meridian. I look forward to hearing from you. Sincerely, Nancy Radford Assistant City Clerk 33 E. Broadway Avenue Meridian ID 83642 nradford@meridiancity. org (208) 489-0391 Encl. Meridian City Council Meeting DATE: April 16, 2013 ITEM NUMBER: $A PROJECT NUMBER: ITEM TITLE: Police Department: Budget Amendment for Spending Authority on Two EUDL (Enforcement of Underage Drinking Laws) Grants Awarded to Meridian Police Department for a Not -to -Exceed Amount of $10,410.00 MEETING NOTES ,, F 'm IU, Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: April 16, 2013 ITEM NUMBER: $B PROJECT NUMBER: Public Works: Recycled Water Plan MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: April 16, 2013 ITEM NUMBER: $C PROJECT NUMBER: ITEM TITLE: SWAC Department Report: Recommendation to Adopt an Amendment to the City's Solid Waste Ordinance Regarding Commercial Recycling Services by Non -Franchised Commercial Recyclers within City Limits (Commercial Recycling Ordinance) MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS I Date: April 11, 2013 To: The Mayor and City Council From: Meridian Solid Waste Advisory Commission: Steve Cory, Chair, citizen commissioner Karie Glenn, Vice -Chair, staff commissioner Nancy Mann, citizen commissioner Cheryl Caldwell, citizen commissioner Robert Corrie, citizen commissioner Jeffrey Townsend, citizen commissioner Ashley Burgess -Miller, youth commissioner Mollie Mangerich, staff commissioner Andrea Pogue, staff commissioner Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba Re: Recommendation to adopt an amendment to the City's Solid Waste Ordinance regarding commercial recycling services by non -franchised commercial recyclers within City limits (Commercial Recycling Ordinance). Meridian has an exclusive solid waste franchise agreement with Republic Services, Inc. that includes providing recycling services to residential, commercial and multi -family premises within City limits. Residential recycling services are provided exclusively by Republic Services. In 2012, the City was asked by a local commercial recycler (Western Recycling Co.) to provide clarification as to what commercial recycling services, if any, may be offered within City limits by non -franchised commercial recyclers. The inquiry was based on Western's assertion that they have had a commercial recycling customer base in Meridian that pre -dates the City's franchise agreement with Republic Service's predecessor, Sanitary Services Company (SSC). The 2012 assignment of the franchise to Republic Services prompted Western Recycling to approach the City for assurance that it may continue providing commercial recycling services to its established clientele. Under direction of the Mayor's office, the Meridian Solid Waste Advisory Commission (SWAC) formed a subcommittee to assess the status of the City's commercial recycling program, chaired by Commissioner Steve Cory, and comprised of representatives from SWAC, City Environmental Division, Republic Services, CINTAS, United Metals, North American Recycling, and Western Recycling. The subcommittee met seven times. Various other local commercial recyclers participated during the review process such as PC Recyclers of Idaho and Gem Text Recyclers. RECOMMENDATION TO ADOPT AN AMENDMENT TO THE CITY'S SOLID WASTE ORDINANCE REGARDING COMMERCIAL RECYCLING -1 BACKGROUND The subcommittee first clarified that, historically, SSC allowed independent commercial recyclers to continue providing recycling services to commercial accounts that pre -dated the SSC franchise agreement where the collected recyclable materials qualified as a commodity (i.e., the collection of the material(s) results in a net commodity payment to the producer of the recyclable material(s) greater to or equal to any collection fees paid by the producer of the recyclable material(s) to the commercial recycler), or to "fill the gap" by collecting recyclable materials from commercial premises that did not fit within SSC's corporate business model/resources to do so. The City was not impacted financially by the approach taken by SSC as the sale of commercially -generated recyclables is not treated the same as the sale of residentially -generated recyclables, which is consistent with modern solid waste franchise agreements. Based on these historical commercial recycling service "exceptions" to SSC's exclusive solid waste franchise agreement, the SWAC subcommittee deemed it timely (given the recent assignment to Republic Services) and appropriate (given the questions raised by Western Services) to develop a commercial recycling exemption that clarifies the scope and parameters of the City's minimum commercial recycling service standards, and balances the interests of the City's solid waste franchisee and those of other commercial recycling service providers who have, or may wish to, provide commercial recycling services within City limits. GOALS OF THE COMMERCIAL RECYCLING ORDINANCE During the course of the working meetings, the subcommittee designed the proposed ordinance to accomplish the following: • Codify the non -franchised commercial recycling services currently being provided within City limits ( i.e., collection of source -separated recyclable materials); • Preserve the integrity of the exclusive automated commingled commercial recycling services by the City's solid waste franchisee; • Be responsive to secondary market fluctuations and technological advances in the recycling industry by exempting both: (1) a category of source -separated recyclable materials that meet the definition of a commodity (meaning that the collection of the material(s) results in a net commodity payment to the producer of the recyclable material(s) greater to or equal to any collection fees paid by the producer of the recyclable material(s) to the commercial recycler); and (2) eighteen (18) discrete categories of source -separated recyclable materials, as defined by industry standards, that are generated (and sorted by the generator) on commercial premises within City limits; • Add pertinent definitions to Title 4, Section 1, Chapter 3 of the City's Solid Waste Ordinance (i.e., commercial recycler, commingled recyclable material(s), and source - separated recyclable material(s)); • Promote commercial recycling and its benefits within City limits; • Be enforceable; and • Require a permit and annual reporting component to allow the City to gain a complete picture of the scope and extent of the type and weight of recyclable materials being collected residentially and commercially within City limits. RECOMMENDATION TO ADOPT AN AMENDMENT TO THE CITY'S SOLID WASTE ORDINANCE REGARDING COMMERCIAL RECYCLING - 2 PUBLIC PROCESS The subcommittee received input and gained support while drafting the proposed ordinance from the City's Clerk's office, Code Enforcement, Public Works, Finance, and the Utility Billing Departments. The subcommittee voted unanimously in favor of the proposed ordinance and brought it before SWAC in the fall of 2012. Letters and copies of the proposed ordinance were mailed to eighteen known commercial recyclers in the Treasure Valley area, with an invitation to provide comment at the February 27, 2013 SWAC meeting. Based on comments and questions received during the initial public comment period regarding the permit requirement, SWAC modified the ordinance by deleting the permit provision and re -circulated it for review and comment. The SWAC held a second public comment opportunity at its March 27, 2013 meeting to address both versions of the proposed ordinance. All of the comments received were positive, including comments from Western Recycling and Republic Services, and tended to favor the permit -less version. Prior to its March meeting, SWAC also ascertained from the relevant City departments that the permit -less version was preferred (mainly to reduce administrative burden of processing). The collective sense is that the City could add a permit at some time in the future if desired. Based upon all of the comments received, SWAC unanimously voted to bring the permit -less version of the proposed Commercial Recycling Ordinance, as attached hereto, before City Council with its recommendation that it be approved and made effective immediately. CONCLUSION The proposed Commercial Recycling Ordinance codifies the non -franchised commercial recycling services which have been, and are currently being provided within City limits. The exemption strikes a balance between preserving the integrity of the exclusive automated commingled commercial recycling services provided by the City's solid waste franchisee and allowing non -franchised commercial recyclers, whether or not historically active or recently started up, to collect, haul, transport and/or dispose of source -separated recyclable materials that meet the definition of a commodity and/or fit withinl 8 discrete categories of recyclable materials, as defined by industry standards, that are generated (and sorted by the generator) on commercial premises within City limits. The SWAC's recommendation to City Council regarding the proposed ordinance is that it be approved and made effective immediately. Thank you. RECOMMENDATION TO ADOPT AN AMENDMENT TO THE CITY'S SOLID WASTE ORDINANCE REGARDING COMMERCIAL RECYCLING - 3 Meridian City Council Meeting DATE: April 16, 2013 ITEM NUMBER: $D PROJECT NUMBER: ITEM TITLE: SWAC Department Report: First Reading Of Ordinance No. Proposed # 13-1551: An Ordinance Amending Title 4, Public Health & Safety, Chapter 1, Sanitary Service System, Of The Meridian City Code, For The Purpose Of Including Definitions For Commercial Recycler, Commingled Recyclable Material(S), And Source -Separated Recyclable Material(S) In 4-1-3; And To Add "Or Commercial Recycles" To 4-1-10 H. And To Add A New 4-1-11 Commercial Recycling Exemption; And Re -Assign The Existing Section 4-1 -1 1 Nuisance Declared To Section 4-1-12; And Re -Assign The Existing Section 4-1-12 Penalty To Section 4-1-13; And Providing An Effective Date MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: April 16, 2013 ITEM NUMBER: $E PROJECT NUMBER: ITEM TITLE: Fire Department: EMS Joint Powers Agreement Discussion MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS r Y OF Fire Department Follow up to EMS JPA presentation ❖ Issue: Section 4.1.2 Joint Powers Board Membership Suggestion: Changed to identify one elected official representing each party and a total of two elected officials of the Ada County Board of Commissioners. Issuer Section 4:3- Although there is unanimous consent required, what number makes up a quorum for the board meetings? Councilman Rountree recognized that would be in the by-laws, but thought it a good idea to address it in the agreement as well. In addition, what is the remedy if a member elected continues to not show? Suggestion: 4.3 Meetings, decisions, and communication. The Board shall adopt rules of procedure for the conduct of their meetings that are consistent with the provisions of this Agreement. 4.3.1 The Board shall meet regularly to confer and carry out the business of the Board and the System in the following manner: 4.3.1.1 For all meetings of the Board fifty percent 50%) of the members of the Board shall constitute a quorum to conduct business. 4.3.1.2 All motions, resolutions, and actions of approval on any matter by the Board require a unanimous vote of the Board members present. 4.3.1.2.1 In regards to matters before the Board that only involve a combined licensure as provided in Article V of this Agreement, only the Board members of Parties that have combined their licenses may vote. 4.3.1.3 The Board must provide at least fourteen (14) days advance written notice to all Parties when considering all matters requiring a vote of the Board members. 4.3.1.4 Only Board members, or their alternates, shall have voting privileges. 4.3.1.5 In the event a Partv's Board member or alternate fail to attend three (3) meetinas in a row or fail to attend 1/2 of the meetings of the Board within one (1) calendar year, notice of absence shall be sent to the offending Party which notice shall be withdrawn if the offending Party's Board member appears at the next regular scheduled Board meeting and shows good cause for the absences and presents a commitment to regular attendance in the future. In the event the offending Party does not appear and show cause then the same shall be a material breach of the terms of this Agreement and the offending_ party will then be subject to the termination provisions of Section 3.6 of this Agreement and the notice of absence shall stand as a notice of default. ❖ Issue: Confusion with terminology of Ada County Commissioners and Ada County Ambulance District Commissioners. Suggestion: No change. A negative side effect of the Kuna V. Ada County ruling indicating need to clearly identify each group although it's the same people. ❖ Issue: In section 6.3.4 the Administrative Committee is the conduit for interaction with the groups listed, but we do not identify "Citizens" as stakeholders. It may seem like semantics, but "Citizens" are not the same as customers and patients but rather folks in our communities that we serve. As an elected official, he would feel more comfortable with the draft if we included recognizing the citizens input when applicable. Suggestion: 6.3.4 Conduct EMS services informational meetings and consult with public officials and agencies, the medical community, the public and civic, educational, professional, or other organizations. ❖ Issue: Medical Directorate- with only two, why not make them Co -Chairs. Suggestion: No Change. It does seem that someone should conduct the meeting of the Medical Directorate and establish the agenda and the language of the Agreement would address that need. ❖ Issue: In section 7.2 outlining the duties of the Medical Directorate consider changing language to "executes the contracted functions established by the board". The current wording had him wondering if the Board was going to somehow tell the docs how to do medicine. Suggestion: due to the provisions of Section 7.1 and 7.3 and 7.4 , Section 7. 2 could be simplified to eliminate this concern as follows: 7.2 Compliance with State Laws and Rules and Regulations. The System Medical Directorate executes its duties and functions in accordance with the applicable laws of the state of Idaho, the rules and regulations of the Idaho EMS Physicians' Commission, the State of Idaho EMS Bureau, and any associated rules and regulations concerning emergency medical services. ❖ Issue: What is the intent of section 8.2? I could not explain it adequately as it was in legalize..... Answer: This provision follows the intent of the joint exercise of power by the parties in the performance of the Agreement. ❖ Issue: Section 11.10 and 11.11 clarification. If unanimous consent of the board is required to propose an amendment to the agreement, why do we need these last two sections. Official record keeping purposes? Answer: It will be desirable to have an official record of the approval of amendments and a way to communicate officially with all parties on the approval of an amendment to the Agreement. ❖ Issue: Section 12.7 clarification. What would be the examples of this section being executed? I used the example of an agency that took their toys and went home, but continued to provide EMS outside of the agreement. Didn't know if I was missing something here. Answer: This section is intended to provide for attorney fees, in the event of a law suit between any of the parties to the agreement, to the prevailing party. The question I believe is: whether or not this section can invoke the provisions of I.C. § 12-120 or is I.C. §12-117, which provides for attorney fees for suits between government agencies, is exclusive. I believe the Idaho Supreme court has found I.C. 12-117 is exclusive. We may not need section 12.7 in the agreement. ❖ Issue: Clarify Section 3.4 and section 3.6. Answer: Section 3.4 focuses on voluntary withdraws, with the exception of 3.4.1.2 in which a court has ordered the discontinuation of EMS services by an agency. Essentially all possible solutions shall be examined prior to a withdrawal. Section 3.6 focuses on a party termination by the board due to non-compliance. Either way, the leaving party is obligated to cease providing EMS services. Meridian City Council Meeting DATE: April 16, 2013 ITEM NUMBER: $F PROJECT NUMBER: MDA 13-002 ITEM TITLE: Red Wing Subdivision Legal Department: Development Agreement for Approval: MDA 13-002 Red Wing Subdivision by WH Moore Company Located Southeast Corner of S., Meridian Road (SH 69) and E. Victory Road Request: Modification to the Cavanaugh Development Agreement to Exclude the Subject Property from the Agreement MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 54 BOISE IDAHO 04117/13 03:16 PM DEPUTY Bonnie Oberbillig RECORDED -REQUEST OF 11�41if Meridian City DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Red Tail Communities, LLC, Owners/Developers THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this day ofA 2013, by and between City of Meridian, a municipal corporation of the State of Idaho, hereinafter called CITY, and Red Tail Communities, LLC whose address is 660 East Franklin Road, Suite 270, Meridian, Idaho, 83642 hereinafter called OWNERS/DEVELOPERS. 1. RECITALS: 1.1 WHEREAS, 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, the Property described in Exhibit A was originally annexed in September, 2006 and was bound by a Development Agreement recorded on or about September 21, 2006; as Instrument No. 106151214, as amended by that certain Addendum to Development Agreement dated May 12, 2008, and recorded in the real property records of Ada County, Idaho, on or about June 6, 2008, as Instrument No. 108065958. The Property described in Exhibit A has been fully released from such Development Agreement and Addendum and is now bound in full by this Development Agreement. 1.3 WHEREAS, Idaho Code § 67-6511A 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 1.4 WHEREAS, City has exercised its statutory authority by the enactment of Ordinance 11-513-3, which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.5 WHEREAS, Owners/Developers have submitted an application for annexation and re -zoning of the Property described in Exhibit A, and has DEVELOPMENT AGREEMENT - RED WING SUBDIVISION (RZ 13-002 & MDA 13-002) PAGE 1 OF 10 requested a designation of R-4 (Low Density Residential District) and R-15 (Medium High Density Residential District), (Municipal Code of the City of Meridian); and 1.6 WHEREAS, Owners/Developers made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and 1.7 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject Property held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.8 WHEREAS, City Council, the 91h day of April, 2013, has approved Findings of Fact and Conclusions of Law, set forth in Exhibit `B", which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the Findings); and 1.9 WHEREAS, 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 1.10 OWNER/DEVELOPER deem it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at his urging and requests; and 1.11 WHEREAS, City requires the Owners/Developers to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re -zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian on April 19, 2011, Resolution No. 11-784, and the Zoning and Development Ordinances codified in Meridian Unified Development Code, Title 11, NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. DEVELOPMENT AGREEMENT -RED WING SUBDIVISION (RZ 13-002 & MDA 13-002) PAGE 2 OF 10 3. DEFINITIONS: For all purposes of this Agreement the following words, tends, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNERS/DEVELOPERS: means and refers Red Tail Communities, LLC, whose address is 660 E. Franklin, Suite 270, Meridian, ID 83642, the party 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 certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be re -zoned R-4 (Low Density Residential District) and R-15 (Medium High Density Residential District) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Development of this site shall substantially comply with the conceptual development plan shown on the landscape plan in Exhibit C and the conceptual building elevations shown in Exhibit D. The plan depicts an apartment complex consisting of 228 dwelling units on the western portion of the site and 48 single- family residences on the eastern portion of the site. A conditional use permit is required for the multi -family development. b. A 10 -foot wide multi -use pathway is required to be constructed along S. Meridian Road (SH 69) as shown on the landscape plan. The pathway shall be constructed in accord with the standards contained in the Pathways Master Plan and in a location approved by the Parks and Recreation Director. DEVELOPMENT AGREEMENT -RED WING SUBDIVISION (RZ 13-002 & MDA 13-002) PAGE 3 OF 10 c. A public pedestrian easement for the multi -use pathway along S. Meridian Road (SH 69) is required to be submitted to the City, approved by City Council, and recorded prior to signature on the final plat by the City Engineer and/or development of the multi -family portion of the site. The pathway shall be constructed in its entirety with the first phase of development. d. Noise abatement in the form of a berm or bene and wall combination is required for residential uses along state highways, per UDC 11 -3H -4D. The landscape plan depicts a berm adjacent to S. Meridian Road (SH 69). The owner/developer shall submit a cross-section of the berm (or berm/wall combination) in relation to the centerline of SH 69 demonstrating compliance with the standards listed in UDC 11- 3H -4D with the final plat application. e. A minimum five-foot wide detached sidewalk is required to be constructed along E. Victory Road as shown on the landscape plan in accord with UDC 11-3A-17. f. A conditional use permit is required for a multi -family development in the R-15 zoning district per UDC Table 11-2A-2. g. Vehicular access to S. Meridian Road (SH 69) is prohibited in accord with UDC 11- 3.-4. 6. COMPLIANCE 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 5 entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is effective, and after the City has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. 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 (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed Within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. DEVELOPMENT AGREEMENT - RED WING SUBDIVISION (RZ 13-002 & MDA 13-002) PAGE 4 OF 10 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 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, 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 performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by 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 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 portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. 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 DEVELOPMENT AGREEMENT -RED WING SUBDIVISION (RZ 13-002 & MDA 13-002) PAGE 5 OF 10 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 Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation 'and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 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 (30) days after delivery of notice of said breach to correct the same prior to the non -breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting parry shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be 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 performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code §11-5-C, to insure that installation of the improvements, which the Owner/Developer agrees to provide, if required by the City. DEVELOPMENT AGREEMENT -RED WING SUBDIVISION (RZ 13-002 & MDA 13-002) PAGE 6 OF 10 14. CERTIFICATE OF OCCUPANCY: 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. 15. ABIDE BY ALL CITY ORDINANCES: 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 parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 O"ER/DEVELOPER Red Tail Communities, LLC 660 E. Franklin, Suite 270 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. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision DEVELOPMENT AGREEMENT- RED WING SUBDIVISION (RZ 13-002 & MDA 13-002) PAGE 7 OF 10 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 corporate 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. FINAL 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, conditions 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 writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT -RED WING SUBDIVISION (RZ 13-002 & MDA 13-002) PAGE 8 OF 10 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided, CITY: CITY OF MERIDIAN, an Idaho municipal corporation Mayor Ta y de Weerd ATTEST: Holman, City Clerk GOA` �StA t L' D i1 UC'USr7 � 19 V O. (-11y of E TDTA N�-- .� IghNq SEAL he rxeas��� OWNERS/DEVELOPERS: RED TAIL COMMUNITIES LLC, a Delaware limited liability company By: Randy ullmer, Manager DEVELOPMENT AGREEMENT — RED WING SUBDIVISION (RZ 13-002 & MDA 13-002) PAGE 9 OF 10 STATE OF IDAHO ) :ss. County of Ada On this 1 In day of2013, before the undersigned notary public in and for the said state, personally appeared Tammy de Weerd and Jaycee L Holman, known or identified to me to be the Mayor and City Clerk of the City of Meridian, an Idaho municipal corporation, the persons who executed and attested the foregoing instrument on behalf of said municipal corporation and acknowledged to me that said municipal executed the same. IN WITNESS YIIEREOF, I have hereunto set my hand and seal the day and year first above written. ��0tA� �`10T� , v' No Public for Idaho Residing at: exp d 1 c n'1 -Ic) My Commission Expires:,,, Y) 2�6 I L✓, STATE OF IDAHO ) County of Ada ) On this N day of APk 1 c 2013, before the undersigned notary public in and for the said state, personally appeared Randy Fullmer, known or identified to me to be a Manager of Red Tail Communities LLC, a Delaware limited liability company, the person who executed foregoing instrument on behalf of said limited liability company and acknowledged to me that said limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. ------------- ALAN C. NOBLE NOTARY PUBLIC STATE OF IDAHO Notary Public for Idaho Residing at: /W "rd,�N r p My Commission Expires: a/2 (h 2 DEVELOPMENT AGREEMENT— RED WING SUBDIVISION (RZ 13-002 & MDA 13-002) PAGE 10 OF 10 April 9, 2013 Project No. 112168 Red Wing Subdivision 31.83 Acres tit . Page 1 of 2 THE LAND GROUP, Inc. Exhibit "A" A tract of land situated in a portion of Government Lot 1 and the Northeast One Quarter of the Northwest One Quarter of Section 30, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: COMMENCING at a found brass cap which monuments the Northwest Corner of said Section 30, which bears South 89042'14" West a distance of 2,450.84 feet from a found brass cap which monuments the North One Quarter Corner of said Section 30, thence following the northerly line of said Section 30 and the centerline of East Victory Road, North 89°42'14" East a distance of 650.00 feet to the POINT OF BEGINNING. Thence following said northerly line and said centerline, North 89°42'14" East a distance of 1,236.84 feet; Thence leaving said northerly line and said centerline, South 0°17'46" East a distance of 350.00 feet; Thence 317.51 feet along a circular curve to the right, said curve having a radius of 317.50 feet, a central angle of 57017'49", a chord bearing of South 28021'06" West and a chord distance of 304.44 feet; Thence South 57°4333" West a distance of 46.19 feet; Thence 237.06 feet along a circular curve to the left, said curve having a radius of 682.50 feet, a central angle of 19°54'04", a chord bearing of South 47046'31" West and a chord distance of 235.87 feet; Thence South 35043'32" West a distance of 50.00 feet; Thence 173.56 feet along a circular curve to the left, said curve having a radius of 530.56 feet, a central angle of 18°44'36", a chord bearing of South 26°21'15" West and a chord distance of 172.79 feet, Thence South 19°04'55" West a distance of 57.81 feet to a point on the centerline of the Ridenbaugh Canal; Thence following said centerline, North 70°55'11" West a distance of 1122.60 feet; Thence following said centerline, North 57'31'47" West a distance of 69.47 feet; Thence following said centerline, North 44°08'23" West a distance of 314.59 feet to a point on the westerly Right-of-way line of said South Meridian Road; r Thence following said westerly Right-of-way line, North 002549" East a distance of 346.74 feet to a -point on the southerly right -of -way -line of East -Victory -Road; Thence following said southerly right-of-way line, North 67°11'27" East a distance of 65.30 feet; i Site. Plaiming ? Landscape Architecture. e Civil f nflincering lrrrelaticn & bVirreering v Graphic Communicrntioo E Surveying 462 E. Share Drive, Sto. 1n0, Ear le, Idaho UGIG $ P 208.9319.4-041 F 20M_'19.4445 e www.thelandgroupinc,com g;\2t712\3.:1:?lE B\adrr}irc\M ahs\I .130401 ;)ttiperiy h(Ainda ry description 112168.doc Thence following said southerly right-of-way line, North 85°58'50" East a distance of 89.71 feet; Thence following said southerly right-of-way line, North 89°24'55" East a distance of 430.98 feet; Thence leaving said southerly right-of-way line, North 0°17'46" West a distance of 32.00 feet to the POINT OF BEGINNING. The above-described tract of land contains 31.83 acres more or less, subject to all existing easements and rights-of-way. Prepared By, THE LAND GROUP, INC. iaL LAAb .462 E. SHORE DRIVE, SUITE 100 EAGLE, IDAHO 83616 208-939-4041 0 208-939-4445 (FAX) a 14216 } `IgTe OF GAEL It. q' 01 Site Plaimrg r Landscape Architecture 7 [:ivii Eogirieering '7 Gatf Course lrrigc tion & Engineering 0 Grnphir. Commuoi ation e Surveying 462 C. Shor, Drivr�, Ste, hitt; Eagle, Idahr1836M Q P 2OR-9 9.A0 1. F 2C1`�.9:5�.•i4<?S Q www, thelandgroupinc.com i:\2U=i2\11;�1£;8iatlrnin\iega{s\i 13C74(i1 iirr:�pnrty L•pundarlt description 1i21{,3.r1ot Lemnd. EXHIBIT C Yi' If st aX4N J� -ir Red Tail Communities, LLC ProfirNnaty Plot - Landstmpo Dotal], M-k�l N Red Wing Subdivision Development Agreement — Exhibit C V �n cr rk U ®m Cr C. to cr Cr NIr 8 cr p° jn A r_. D ,r k N w it -li ■ cr OWN r4r A 'u E2 wj a' A `� mo■ Cr rolL Lw] CL to cn a Cr Qe _C �l Mi "J I IL All `1 e ■ cr P'FL m m x .- A obm cr rolk A Exhibit D Single -Family Residential � Y � Red Wing Subdivision Development Agreement — Exhibit D CITY OF MERIDIAN EfkIDIAN?t�- FINDINGS OF FACT, CONCLUSIONS OF LAWAND IDAHO DECISION & ORDER In the Matter of the Request for an Amendment to the Development Agreement; Rezone to the R-4 and R-15 Zoning Districts; and Preliminary Plat Consisting of Forty -Eight (48) Single -Family Residential Building Lots, One (1) Multi -Family Building Lots, and Nine (9) Common/Other Lots for Redwing Subdivision, Located at the Southeast Corner of S. Meridian Road (SH 69) and E. Victory Road, by W. H. Moore Co. Case No(s). MDA -13-002; RZ-13-002; PP -13-003 For the City Council Hearing Date of, March 26, 2013 (Findings on April 16, 2013) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of March 26, 2013, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of March 26, 2013, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 26, 2013, incorporated by reference) ' 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of March 26, 2013, 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. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 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), MDA -13-002; RZ-13-002; PP -13-003 -1- 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 March 26, 2013, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for an amendment to the development agreement is hereby approved per the provisions in the attached Staff Report for the hearing date of March 26, 2013, attached as Exhibit A. 2. .The applicant's request for a rezone to R-4 and R-15 is hereby approved with the requirement of a development agreement per the provisions in the attached Staff Report for the hearing date of March 26, 2013, attached as Exhibit A. 3. The applicant's request for a preliminary plat is hereby approved per the provisions in the attached Staff Report for the hearing date of March 26, 2013, 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, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -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 may be granted. With all 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 Title 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MDA -13-002; RZ-13-002; PP -13-003 -2- The development agreement shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation and/or rezone (UDC 11 -5B -3D), A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the two (2) year approval period (UDC 11-513-317). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed, 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of March 26, 2013 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MDA -13-002; RZ-13-002; PP -13-003 -3- By action of the City Council at its regular meeting held on the 2013. COUNCIL PRESIDENT BRAD HOAGLUN COUNCIL VICE PRESIDENT CHARLIE ROUNTREE COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREATHER) Mayor Tar y de Weerd Attest: o440Rp'YBTi At/CUsrr tk—.�---� ZG 190 � � _ A � City of day of _ VOTED Ck,4__ VOTED_ 00. 2 VOTED—" C_ VOTED U4c?. VOTED ' -- v IHO Ja e fit City Cler c d PA n SEAL 4 hc TRE�S���� Copy served upon Applicant, The Planning D nt, Public Works Department and City Attorney. By: CP�GIC>.P,�P ��(I l.l'�� Dated:. City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MDA -13-002; RZ-13-002; PP -13-003 -4- STAFF REPORT HEARING DATE: TO: FROM: SUBJECT: EXHIBIT A March 26, 2013 Mayor & City Council Sonya Watters, Associate City Planner 208-884-5533 E IDIAN*-- IDAHO MDA -13-002; RZ-13-002; PP -13-003 — Red Wing Subdivision (fka Cavanaugh Subdivision) I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, W. H. Moore Co., has applied for a modification to the existing development agreement (MDA) for Cavanaugh Subdivision; rezone (RZ); and preliminary plat (PP) for Red Wing Subdivision. The proposed modification to the development agreement (DA) excludes the subject property from the existing overall DA for Cavanaugh Subdivision (flea Tanana Valley). The applicant proposes to rezone 32.87 acres of land from the C -N (Neighborhood Commercial; 13.59 acres) and TN -C (Traditional Neighborhood Center; 16.49 acres) zoning districts to the R-4 (Low Density Residential; 16.55 acres) and R-15 (Medium High Residential; 16.32 acres) zoning districts. The proposed preliminary plat consists of 48 single-family residential building lots, 1 multi -family residential lot, and 9 common open space lots on 31.11 acres of land. NOTE: A request to modify the Future Land Use Map for portions of this property that is not yet complete. This application (CPAM-12-005) was previously acted on by the Commission and is scheduled for action by the City Council on February 19th. In analyzing the subject applications, Staff is assuming Council will approve CPAM-12-005. This request was approved by City Council on March S. 2013. See Section VIII, Analysis, for. more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MDA, RZ, and PP applications based on the Findings of Fact and Conclusions of Law in Exhibit B of the Staff Report. NOTE., The Planning & Zoning Commission need not make a recommendation on the MDA application. The Meridian Planning & Zoning Commission heard these items on February 21, 2013. At the public hearing, the Commission moved to recommend approval of the subject RZ and PP requests. a. Summary of Commission Public Hearing: i. In favor: Jonathan Seel ii. In opposition: None iii. Commenting: None iv. Written testimony: Jonathan Seel v. Staff presenting application: Sonya Watters A. Other staff commenting on application: None b. Key Issue(s) of Discussion by Commission: i. The two proposed accesses via Victory Road. e. Key Commission Change(s) to Staff Recommendation: Red Wing Subdivision MDA -13.002; RZ-13-002; PP -13-003 PAGE 1 EXHIBIT A i. None d. Outstanding Issues) for Citv Council: i. The applicant requests a waiver from City Council to UDC 11-3A-3, which restricts access to arterial streets to allow both two accesses via Victory Road The Commission recommended bath accesses be approved The Meridian City Council heard these items _on March 26, 201'3, At the public he_a_ring, the Council approved the subject MDA; RZ and PP reo 1 s _ _ _ _ ___ a 1-11 11pa 1"Wil KOHN I 1 11: 1 1 1 1 11 1 11111'1 I! ( 1 ' 1na=77 I. 1:1 ►/II \ 1 1' 71 WWWWO] 1 : 11 1' •!_ ' 11 II 1 1 s •. 11 : 1 1)• \ 1 1 I ' 1 : 1 1' 1' 1 1_ I l r 1 _! ITS / 1_ I : 1. 1 1 (I I I I I 1 1' 1 1 1 1 1' 1, 1 1 • �. 1 1 1 1 U 1(1 1! 1 I r I'' 1 1 11 1 : 1: I ►1:1IFIRSIMMA �/ 11rx 1 1! "41 i 1 1 1 1 1 1 1 1. 1 11 < I 1' : 1 1 i' . 1 1 1, r 1 i U 1. 1 ►i1 , 11 1• s11 MMI WrMIWIMEMMU1111M 1 1 1. 1 1 11T=11 1 !' 1 1 1 1' 1 1 •u•1 III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers MDA -13- 002, RZ-13-002 and PP -13-003 as presented in the staff report for the hearing date of March 26, 2013, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers MDA -13- 002, RZ-13-002 and PP -13-003, as presented during the hearing on March 26, 2013, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number MDA -13-002, RZ-13-002 and PP -13-003 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located on the southeast corner of S• Meridian Road (State Highway 69) and E. Victory Road, in the northwest ''/a of Section 30, Township 3 North, Range 1 East. Red Wing Subdivision MDA -13-002; RZ-13-002; PP -13-003 PAGE 2 EXHIBIT A B. Applicant: W. H. Moore Company 1940 Bonito Way, Ste. 160 Meridian, Idaho 83642 C. Owner: Red Tail Communities, LLC 1940 Bonito Way, Ste. 160 Meridian, ID 83642 D. Representative: Jonathan Seel, W. H. Moore Company 1940 Bonito Way, Ste. 160 Meridian, ID 83642 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject applications are for a rezone, preliminary plat, and development agreement modification request. Except for the MDA request, which only requires Council review, a public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: January 4, and January 18, 2013 (Commission); March 4, and 18, 2013 (City Council) C. Radius notices mailed to properties within 300 feet on: February 1, 2013 (Commission); Februa 28, 2013 (City Council) D. Applicant posted notice on site by: February 8, 2013 (Commission); March 15, 2013 (City Council VI. LAND USE A. Existing Land Use(s): This site is currently vacant/undeveloped. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Victory Road, Fuel facility/convenience store, landscape nursery, zoned C -G; and residential properties, zoned R-4 South: Undeveloped property, zoned R-8 East: Undeveloped property, zoned R-8 and TN -R West: Meridian Road (SH 69) and rural residential properties, zoned RUT in Ada County C. History of Previous Actions: ® In 2006, this site received annexation and zoning (AZ -06-015) approval with R-8 and C -N zoning with the Tanana Valley project. A development agreement was required as a provision of annexation and recorded as Instrument #106151214. A preliminary plat (PP -06-013) for Tanana Valley Subdivision was approved for 105 single- family residential building lots and 1 commercial building lot on the subject portion of the Tanana Valley property. Red Wing Subdivision MDA -13-002; RZ-13.002; PP -13.003 PAGE 3 EXHIBIT A ® In 2008, the subject property was rezoned (RZ-07-014) from R-8 to C -N (13.59 acres) and TN - C (16.49 acres). A new preliminary plat (PP -07-015) for Cavanaugh Subdivision was approved that included the subject property. Lots on this site consisted of common area for landscaping and parking, and building lots for a neighborhood market, condominium units, apartments, vertically integrated residential lofts above retail, and commercial. A development agreement modification (MI -07-011) (Instrument #108065958) was also approved to address the new neighborhood center plan on this site. ® An 18 -month time extension (TE -08-022) on the preliminary plat to obtain the City Engineer's signature on the final plat for the first phase of development was approved by the Director on October 15, 2008. ® Another 18 -month time extension (TE -10-005) on the preliminary plat to obtain the City Engineer's signature on the final plat for the first phase of development was approved by City Council on March 23, 2010. ® A two-year time extension (TEC -11-005) on the preliminary plat to obtain the City Engineer's signature on the final plat for the first phase of development was approved by City Council on September 27, 2010 and will expire on August 22, 2013 unless a final plat is signed or another time extension is approved. D. Utilities: a) Location of sewer: Sanitary sewer to serve the subject site exists directly adjacent in E. Victory Road. b) Location of water: Domestic water to serve the subject site exists directly adjacent in E. Victory Road. c) Issues or concerns: The subject site is obligated to pay $1,465.56 per acre to proportionally offset costs incurred by the City of Meridian for the Victory Road Gap Sewer Project. Said payment must be received prior to obtaining the City Engineer's signature on any final plat. E. Physical Features: 1. Canals/Ditches Irrigation: The Ridenbaugh canal runs along the southern boundary of this site and the Kennedy canal runs north/south on the east portion of the site. 2. Hazards: NA 3. Flood Plain: This property does not lie within the floodplain or flood way. VII. COMPREHENSIVE PLAN ANALYSIS CITY OF MERIDIAN COMPREHENSIVE PLAN POLICIES AND GOALS: EXISTING: The Future Land Use Map (FLUM) contained in the Comprehensive Plan currently designates the western 21+/- acres of site as Medium Density Residential (MDR) and the eastern 11+/- acres as Mixed Use — Neighborhood (MU -N) with a Neighborhood Center (N.C.) Overlay. The MDR designation allows smaller lots for residential purposes within City limits. Uses typically include single-family homes at densities of 3 to 8 dwelling units per acre (pg. 20). The purpose of the MU -N designation is to assign areas where neighborhood -serving uses and F' dwellings are seamlessly integrated into the urban fabric. The intent is to avoid predominantly single - Red Wing Subdivision MDA -13-002; RZ-13-002; PP -13-003 PAGE 4 EXHIBIT A use developments by incorporating a variety of uses. Land uses in these areas should be primarily residential with supporting non-residential services. Non-residential uses in these areas tend to be smaller scale and provide a good or service that people typically do not travel far for and need regularly. Employment opportunities for those living in the neighborhood are encouraged. Connectivity and access between the non-residential and residential land uses is critical in MU -N areas. Tree -lined, narrow streets are encouraged. Developments are also encouraged to be designed according to the conceptual MU -N plan depicted in Figure 3-1 of the Comprehensive Plan (see pgs, 24-27). PROPOSED: A Future Land Use Map Amendment, CPAM-I2-005 request is scheduled to be heard by the City Council on February 19, 2013; the Commission recommended approval of the CPAM request on January 17, 2013. This request was approved by_City Council on March S. 2013. The applicant proposes to change the FLUM designation on the western 16,32-+-/- acres of the site from MDR to Medium High Density Residential (MHDR). The designation on the eastern 10.77+/ - acres is proposed to change from MU -N with a N.C. overlay to MDR making the total area of the MDR designated areal6.55+/- acres (a portion of the site is already designated MDR and will stay as such). The MHDR designation allows for the development of a mix of relatively dense residential housing types including townhomes, condominiums and apartments. Residential gross densities should range from 8 to 15 dwelling units per acre, with a target density of 12 units per acre. These are relatively compact areas within the context of larger neighborhoods and are typically located around or near mixed use commercial or employment areas to provide convenient access to services and jobs for residents. Developments need to incorporate high quality architectural design and materials and thoughtful site design to ensure quality of place and should also incorporate connectivity with adjacent uses and area pathways, attractive landscaping and individual project identity (pgs. 20-21). 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 (pg. 20). The applicant proposes to develop the western portion of the site with an apartment complex consisting of 215-228 units resulting in a gross density of 15 dwelling units per acre with a clubhouse and supporting amenities (see Exhibit A.5). The eastern portion of the site is proposed to develop with 48 single-family residential building lots resulting in a gross density of 3 dwelling units per acre. Staff is of the opinion the density proposed by the applicant is consistent with the FLUM designations requested. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): ® "Require landscape street buffers for new development along all entryway corridors." (2.01.02E, pg. 13) A 3S foot wide landscape buffer will be required along S. Meridian Road, an entryway corridor in accord with the standards listed in UDC 11 -3B -7C Landscape Buffers along Streets. ® "Use the Comprehensive Plan, the Unified Development Code, and the Design Manual to discourage strip development, and encourage clustered, landscaped business or residential development on entryway corridors." (2.01.02D, pg. 13) Red Wing Subdivision MDA -13-002; RZ-13-002; PP -13-003 PAGE 5 EXHIBIT A Future development of this site adjacent to Meridian Road, an entryway corridor, is required to comply with UDC landscape and design standards and design guidelines in the Design Manual in accord with the Comprehensive Plan. ® "Provide for a wide diversity of housing types (single-family, modular, mobile homes and multi- family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development." (3.07.03B, pg. 56) The future development of single family and multi family residential uses on this site will provide ownership and rental options for individuals with varying income levels. ® "Locate high-density development, where possible, near open space corridors or other permanent major open space and park facilities, Old Town, and near major access thoroughfares." (3.07.02, pg. 55) An apartment complex is proposed on the corner of S. Meridian Road, an entryway corridor, and E. Victory Road, an arterial street. The Ridenbaugh Canal runs along the southern boundary of the site which will be developed as an open space corridor and will contain a section of the City's multi -use pathway system. ® "Provide a walkable community through good design." (2.01,01A, pg,13) VIII. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: DEVELOPMENT AGREEMENT MODIFICATION (MDA): The applicant proposes to amend the existing development agreement (DA) for the overall Cavanaugh property to remove the subject property from the agreement and enter into a new DA with the City for the subject property (see ` Exhibits A.1, A.2, and B). The reason for the request is that ownership of the property has changed. The previous development (Cavanaugh Subdivision) consisted of 177-+/- acres and went through bankruptcy proceedings; the property is now owned by several different entities. Staff supports the applicant's request to remove the subject property from the existing Cavanaugh DA and enter into a new DA concurrent with the rezone process. REZONE (RZ): The applicant proposes to rezone 32.87 acres of land from the C -N (Neighborhood Commercial) and TN -C (Traditional Neighborhood Center) zoning districts to the R-4 (1655 acres) and R-15 (16.32 acres) zoning districts. A conceptual development plan is shown on the landscape plan in Exhibit A.5. The applicant plans to develop the R-15, western portion of the site with an apartment complex consisting of 228 dwelling units and the R-4, eastern portion of the site with 48 single-family residences. Development Agreement: The City may require a development agreement (DA) in conjunction with a rezone pursuant to Idaho Code section 67-6511A. To ensure the site develops consistent with the Comprehensive Plan, conceptual development plan, and preliminary plat, staff recommends a DA is required as a provision of the rezone. Staff s recommended DA provisions are included in Exhibit B. The proposed zoning designations and densities are consistent with the proposed changes to the FLUM noted above in Section VII. Therefore, staff is supportive of the rezone request. Red Wing Subdivision MDA -13-002; RZ-13-002; PP -13-003 PAGE 6 EXHIBIT A PRELIMINARY PLAT (PP): The proposed preliminary plat consists of 48 single-family residential building lots, 1 multi -family residential lot, and 9 common open space lots on 31.11 acres of land in the proposed R-4 and R-15 zoning districts. Dimensional Standards: The proposed plat and future development is required to comply with the dimensional standards of the R-4 and R-15 zoning districts listed in UDC Tables 11-2A-5 and 11-2A7 respectively. Staff has reviewed the proposed plat and found several line and chord segment dimensions to be missing and some lots (L9 & L10, B2 and L24, B1) that don't meet the minimum street frontage requirements. Also, street knuckles are required to be separated from through traffic by a landscape island, per UDC 11-2A-3; landscape islands are not depicted on the plan. The final plat(s) will need to comply with the dimensional standards of the applicable district in effect at the time of final plat application submittal. Note: ,staff is currently in the process of proposing a text amendment to the UDC that may remove the requirement for street knuckles to be separated from traffic by a landscape Island. Access: Two accesses are depicted on the plat via E. Victory Road and one access is depicted to the east to eventually connect to the collector street planned to be constructed on the adjacent property. No access via Meridian Road (SH 69) is proposed. Because this site lies on the corner of a state highway (SH 69/Meridian Road) and an arterial street (Victory Road), access to the site is restricted. The Idaho Transportation Department (ITD) and UDC 11 -3H -4B prohibits access to SH 69/Meridian Road; UDC 11-3A-3 limits access to arterial and collector streets; and the Ada County Highway District (ACRD) limits access to Victory Road. Access to a local street is not available to this property. Therefore, an access to Victory Road is needed. However, the applicant is proposing two access points to Victory Road. The applicant is requesting a waiver of City Code from City Council for the proposed access points to Victory Road. Approval for any/all access to Victory shall also be obtained from ACHD. In accord with UDC 11-3A-3, staffrecommends only one access via Victory Road Is approved. Multi -Use Pathway: A multi -use pathway is required to be constructed on this site along S. Meridian Road (SH 69) within a public use easement in accord with UDC 11 -3H -4C.4. A multi- use pathway is depicted on the landscape plan. The developer is required to submit a public use easement for the pathway to the Planning Division of the Community Development Department for approval by City Council prior to signature on the final plat. Noise Abatement: Noise abatement in the form of a berm or berm and wall combination is required for residential uses along state highways, per UDC 11 -3H -4D. The landscape plan depicts a berm adjacent to S. Meridian Road (SH 69). The applicant should submit a cross-section of the berm (or berm/wall combination) in relation to the centerline of SH 69 demonstrating compliance with the standards listed in UDC 11 -3H -4D. Landscaping: A 35 -foot wide landscape street buffer is required along S. Meridian Road (SH 69), an arterial street & entryway corridor; a 35 -foot wide buffer is shown on the landscape plan in accord with this requirement. A 25 -foot wide landscape street buffer is required along E. Victory Road, an arterial street; a 25 -foot wide buffer is proposed on the multi -family portion of the site and a 30 -foot wide buffer is proposed on the single-family portion of the site in accord with this requirement. The property does not abut the future collector street to the east; therefore, a street buffer is not required to be provided on this site. Landscaping is required in accord with the standards listed in UDC 11 -3B -7C; the proposed landscape plan complies with these standards. Common Open Space & Site Amenities: All single-family and multi -family developments over 5 acres in size are required to provide open space & site amenities in accord with the standards Red Wing Subdivision MDA -13-002; RZ-13-002; PP -13-003 PAGE 7 EXHIBIT A listed in UDC 11-3G-3. A minimum of 10% qualified open space is required to be provided for the development in accord with the standards listed in UDC 11 -3G -3B. Based on 15,9 acres for the single-family portion of the development, a minimum of 1.59 acres of qualified open space is required. The fat depicts 1.82 acres of common area; however, it does not appear to meet the "qualified" open space requirements as set forth in UDC 11 -3G -3B. Prior to the City Council meeting, the applicant should submit revised plans showing compliance with this standard (or calculations detailing how the current plan meets these requirements). Development area under 20 acres in size is required to provide a minimum of one site amenity. The applicant proposes a seating and picnic area as an amenity in the single-family portion. Open space and amenity requirements for the multi -family portion of this project will be evaluated with the future Conditional Use Permit and/or Certificate of Zoning Compliance/Design Review. Sidewalks: A five-foot wide detached sidewalk is required to be constructed along E. Victory Road as shown on the landscape plan in accord with UDC 11-3A-17. In addition to the sidewalk, the applicant is proposing to enter into a developer cooperative with ACHD to widen Victory Road to 3 -lanes and build curb, gutter and sidewalk. The applicant is proposing to be reimbursed for the impact fee eligible portion of the roadway widening work with future impact fee credits. Fencing: Fencing appears to be depicted on the landscape plan; however, it is not labeled as such nor is the type (materials, height) of fencing shown. Fencing is required adjacent to the Ridenbaugh Canal located along the southern boundary of the site as set forth in UDC 11 -3A -6B, unless the canal is improved as part of the development to be a water amenity. Fencing adjacent to all pathways and common open space is required to comply with the standards listed in UDC 11-3A-7. Waterways: The Ridenbaugh Canal lies off-site along the southern boundary of this site. The irrigation district's access road for the canal lies on the subject property. Building Elevations: Conceptual building elevations for the multi -family and single-family structures are included in Exhibit A,6. Final design of the multi -family structures will be required to comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Design Manual. Staff has no objections to the conceptual elevations as they appear to be of quality material and design. ,Staff is supportive of the proposed development agreement modification, rezone and preliminary plat with the comments noted above and the conditions listed in Exhibit A IX. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Applicant's Proposed Changes to Development Agreement 3. Legal Description & Exhibit Map for Rezone Area 4. Proposed Preliminary Plat - REVISED 2/20/13 5. Proposed Landscape Plan/Conceptual Development Plan— REVISED 2/21/13 6. Conceptual Building Elevations B. Agency & Department Comments/Conditions Red Wing Subdivision MDA. -13-002; RZ-13-002; PP -13-003 PAGE 8 EXHIBIT A C. Required Findings from Unified Development Code Red Wing Subdivision MDA -13-002; RZ-13-002; PP -13-003 PAGE 9 EXHIBIT A Exhibit A,1: Vicinity Map Red Wing Subdivision MDA -13-002; M"13-002; PP -13-003 PAGL 10 EXHIBIT A Exhibit A.2: Applicant's Proposed Changes to Development Agreement When reeordal, please return to. City Clerk CITY OF MERIDIAN 33 E. Broadway MMdian,Idaho 83642 RELEASE OF DEVELOPMENT AGREEMENT This Release of Development Agreement (this "Release") made by and between the City of Meridian, an Idaho municipal corporation ("City") and Red Tail Communities LLC, a Delaware limited liability company ("Owner'). WHEREAS, City and Owner's predecessor -in -title entered into that certain Development Agreement dated August 28, 2006, and recorded in the real property records of Ada County, Idaho, on or about September 21, 2006, as Instrument No. 106151214, as amended by that certain Addendum to Development Agreement dated May 12, 2008, and recorded in the real property records of Ada County, Idaho, on or about rune 6, 2008, as Instrument No. 108065958 (collectively, "Development Agreement") as a condition of annexation and initial zoning of approximately 182.6 mores of real property legally described in the Development Agreement and known at that time as the proposed Tanana Valley Subdivision ("Original Property'; WHEREAS, on , 2013, City adopted Rezone Ordinance to rezone a portion of the Original Property consisting of approximately 31.84 acres, legally descnibed in Exhibit A attached hereto ("Released Property'), following a public herring on or about 2013, before the Meridian City Council (Case No. ), which supersedes the initial zoning and related Development Agreement as to the Rezoned Property, WHEREAS, City and Developer desires to execute and record this Release to memorialize that the Development Agreement is no longer of any force or effect as to the Released Property. NOW, THEREFORE, in consideration of the recitals above, City declares and awfirms, and (Developer agrees, that in light of the notice and public hearing held on 2013, and the -Rezone Ordinance approved by the City Connell on 2013, the Released Property is hereby released irons, and shall no longer be subject, to the Development Agreement. The Development Agreement shall remain in full force and effect as all portions of the Original Property except the Released Property. [end of text] RELEASE OF DEvELopma AoREB aw--1 1672843-3 Red Wing Subdivision MDA -13-002; RZ-13-002; PP -13-003 PAGE 11 EXHIBIT A Exhibit A.3: Legal Description & Exhibit Map for Rezone Area a pop 1of2 XRE LAND GROUP, INC. January 8, 2013 Project No, 112168 Rezone Description lfr4 Zone Red Tall Communities, UC 16.55 Acres GN1f[IfG "A" A tract of land situated In a portion of the Northwest/1one quarter of Section 30, Township 3 North, Range 1 East, Doke Meridian, City of Meridian, Idaho, described as follows: COMMENCING at a found brass cap which monuments the Northwest Comer of said Section 34 which bears South 89.42'14" West a distance of 2,450.84 feet from a found brass cap whfda monuments the North One Quarter Comer of said Section 30, thence following the northerly Nne of said Section 30 and the centerline of East victory Road, North 8904214" East a distance of 1,011.84 feet to the POINTOP SEGNNING. Thence following said northerly ilna and sold conterlI ne, North 89'421],4" East a distance of ti 875.00 feet; Thence leaving sold nlortherty tine and sold centerline, South 0°17'46" East a distance of $50.00 ken; Thence 317.51 feet along a circular curve to the right, said curia having a radius of 817.50 het, a central angle of 57°1748"', a chord bearing of South 28.21'06" West and a chord distance of 304.44 Meet; Thence South 57143133" West a dtstarwe of 46.19 foot; Thence 237.06 feet along a circular curve to the left, said.aaw hrAV a radius of 682.50 feet, a central angle of 19954'04", a chord bearing of South 47'46'31" West and a chord distance of 235.87 feet; Thence South 35.4313x" West a distance of 50.00 fort; Thence 17356 feet along a circular curve to the left, sold curve having a radius of 172.79 foot, a central angle of 181416", a chord bearing of South 26'21'1Y West and a chord distance of 172.79 feet; Thence South 19'04'55" West a dhtanca of 57.81 feet to the centerline of the Rldonbaugh Canal; Thence following said centeri(ne, North 70'x5'11" West a distance of 411.60 foot; Thence leaving said centerline, North 0'1746" West a a0ance of 912.09 feet to the POINT Of BEGINNING. The above-described tract of lend contains 16.55 acres more or less, subject to all existing easements and rights-of-way. The Intent of this description is for rezone purposes only and is not Intended to describe or transfer property rights. Attached hereto h Exhibit "8" and by this reference Is made a part hereof. or Site Planning • Landscape Architecture r C141 Engineering i Ga1JCow s a 104000 A Engineering a Grophk Communkation a Surw)ft 442 E. Slate Drive, $1e, 100, Eagle, Idaho 83616 • P 208.939.4041 r 206.439.4445 • WM SA2012\112168\admin\Ieg AI 130105 141600110M r•8 dmiption b 112168.chn Red Wing Subdivision MDA -13-002; RZ-13-002; PP -13-003 PAGE 12 EXHIBIT A F4 �,, nage 2 of 2 THE LAND GROUP, INC. Prepared 8y: THE LAND GROUP, INC, 462 E. SNORE DRIVE, SURE 100 EAGLE, IDAHO 83616 208-934.4041 208-939.445 (FAX) REV(- PROVAL JAN 2 8 20B MWORKs DEPT /. a. 2015 I Site PlomNng•LondstppeAtrhlte<twa•Civil Enplacertnp•Got/Courselrrlgotionaengineaing•6rophkCb mwNtatton•Surveykv 462 F- Shore IHIve, Ste. 100, Eagle, Idaho 83616 • P208.939.4041 F 208539,1445 • t'\2012\117168\admin\ippabV 130106 annexation r-8 description b 112168.doc Red Wing Subdivision MDA -13-002; RZ-13-002; PP -13-003 PAGE 13 January e, 2013 Project No.112168 Rezone Description R-15 Zone Red TO Communities, LLC 16.32 Acres EXHIBIT A Wim, Pagel of 1 T14B LAND GROUP, Mr - Exltlbtt "A" A tract of land situated In a portion of the Northwest one Quarter of Section 30, Township 3 North, Range i East, Boise Meridian, City of Meridian, Idaho, described as follows: BEGINNING at a found brass cap which monuments the Northwest Comer of said Section 30, which bears South 89941114" West a distance of 2,454.84 feet from a Lound brass cop which monuments the North One Quarter Comer of said Section 30, thence following the northerly Me of said Section 30 and the centerline of East Victory Road, North 89'42'14" East a distance of 1,011.84 feet; Thence kaft said northerly Noe and said centerfUne, South 0.1746" East a distance of 212MI"t to a point on the centerline of the Woribaugh Canal;.• Thence following said centerline, North 701511" West a distance of 711.00 feet; Thence following said centerline, North 57`31'47" West a distance of 69.47 feet; Thence following said centerline, North 44.48'23" West a distance of 414.34 het to the westerly line of sold Section 30 and the centerhne of South Meridian Road; Thence following said westerly line and said centeri@ne, North 0°25149" East a distance of 339.80 beet to the POINT OF BEGINNING. The above-described tract of land contains 16.32 acre more or less, subject to all existing easements and rights-of-way. The Intent of this description Is for rezone purposes only and Is not Intended to describe or transfer property rights. Attached hereto is Exhibit "B" and by this reference is made a part hereof. Prepared By: THE LAND GROUP, INC. 462 E. SNORE DRIVE, SUITE 104 EAGLE, IDAHO 83616 208.939-4041 208-9394445 (FAX) BY REVI • TPROVAL JAN 2 8 2013 MERIDIAN �hP��UppBLiC IV Site planntnOlbddt�dp�i IA sure • CMI Engineeiing • Goff Course lUVOUon 81 Engineering • 6rephk Commvnkatbn •Sarwykig 462 E. Share Drive, Ste. 100, EBate, W3110 83616 o P 2011.939,4041 F 203.939.4445 • gi\201AI12168\adm1n\1ega1s\I 130108 annexation rr15 detcr"on 112168,doc Red Wing Subdivision MDA -13-002; RZ-13-002; PP -13-003 PAGE 14 NW CORNER SECTION 30 EXHIBIT A SItUated In Township 33 North, RwVV 1 a 414 D.M Mn , Waho 2013 Red Wing Subdivision MDA -13-002; RZ-13-002; PP -13-003 PAGE 15 N 1/4 CORWR SECTION X30 564V 00y e Curve Tem SEGMT LENGTH 6Atkos DUTA r.ffito LENGTH QM Ct s176!' 31r9o' 6nr'4A' wow S28.21on c� asr oe' �zeor �saoo4• > 147'40•W 1r '�ss� 50.68' t84e$�' ir7y msv Red Wing Subdivision MDA -13-002; RZ-13-002; PP -13-003 PAGE 15 N 1/4 CORWR SECTION X30 564V 00y e EXHIBIT A Exhibit A.4: Proposed Preliminary Plat — REVISED 2/20/13 Revised Preliminary Plat Of: !.° _...._._... :. -_ -Red Wing Subdivision;;, ,µms' W.YMory fd. '� _.`�-ter �'� ����—lp,s- �� - .._��_ _ •• �f � - :J�"♦: • _ ��. set �.--�i.,. _� _ n - _ {._�-...._ —�•^; �!;f `7j 1 �� � ;-_ it `_` �� i ��:_. i_;,,'�i_���,;...:j,� i,�' .;► d �•-'tt � •.aa. �� ! .-- -�-•.. 1—. —,—.. —(—.:rte .. i is � :1 \ -1 } •► I �s f 1� � c s _% lr.,��yy6p �9•yIfF�•�vyyP��it � .f n {i'�XR:Cti. � , K si ra re' 24,ir•. .+IdLS•AE f. am"�i`is f:�w..+.,... a.wT�a. ' t y��!�+L'°= +•4.64.w. Ml i ^ C. N��<tE r1��lu�ti7:algL LotDifrNnsbns .�.« Red Tail Communities, LLC Pf On*u y Plat Red Wing Subdivision MDA -13.002; RZ-13-002; PP -13-003 PAGE 16 EXHIBIT A Exhibit A.5: Proposed Landscape Plan/Conceptual Development Plan REVISED 2/21/13 PrNiNnay+ PW • W Wtcpo Plan 0.1w, %I*. Red Wing Subdivision MDA -13-002; RZ-13-002; PP -13-003 PAGE 17 d W EXHIBIT A AH d Tell Communities, L PmOWnay PLm - Lwxlscao DsWlB Red Wing Subdivision MDA -13-002; RZ-13-002; PP -13-003 PAGE 18 bra EXHIBIT A Exhibit A.6; Conceptual Building Elevations Multi -Family Apartments [ted Wing Subdivislon MDA -13-002;122-13-002; PP -13-003 PAGE 19 EXHIBIT A m MWf 1'419WI A s -"t S' rAl NN Red Wing Subclivisio,n MDA -13-002;12Z-13-002; PP -13-003 PAGE 20 EXHIBIT A B. Agency & Department Comments/Conditions 1. PLANNING DEPARTMENT The applicant shall obtain City Council approval of the Release of Development Agreement attached in Exhibit A.2 prior to Council approval of the following DA at the same Council meeting. 1.1 A Development Agreement (DA) is required as a provision of the rezone of this property. Prior to the rezone ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of rezone 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 retuned to the city within two (2) years of the City Council granting the rezone. Currently, a fee of $303.00 shall be paid by the applicant to the City Cleric's office prior to commencement of the DA. The DA shall, at minimum, incorporate the following provisions: a. Development of this site shall substantially comply with the conceptual development plan shown on the landscape plan in Exhibit A.5 and the conceptual building elevations shown in Exhibit A.6. The plan depicts an apartment complex consisting of 228 dwelling units on the western portion of the site and 48 single-family residences on the eastern portion of the site. A conditional use permit is required for the multi -family development. b. A 10 -foot wide multi -use pathway is required to be constructed along S. Meridian Road (SH 69) as shown on the landscape plan. The pathway shall be constructed in accord with the standards contained in the Pathways Master Plan and in a location approved by the Parks and Recreation Director. c. A public pedestrian easement for the multi -use pathway along S. Meridian Road (SH 69) is required to be submitted to the City, approved by City Council, and recorded prior to signature on the final plat by the City Engineer and/or development of the multi -family portion of the site. The pathway shall be constructed in its entirety with the first phase of development. d. Noise abatement in the form of a berm or berm and wall combination is required for residential uses along state highways, per UDC 11 -3H -4D. The landscape plan depicts a berm adjacent to S. Meridian Road (SH 69). The applicant shall submit a cross-section of the beim (or berm/wall combination) in relation to the centerline of SH 69 demonstrating compliance with the standards listed in UDC 11 -3H -4D with the final plat application. e. A minimum five-foot wide detached sidewalk is required to be constructed along E. Victory Road as shown on the landscape plan in accord with UDC 11-3A-17. f. A conditional use permit is required for a multi -family development in the R-15 zoning district per UDC Table I 1-2A-2. g. Vehicular access to S. Meridian Road (SH 69) is prohibited in accord with UDC 11-3H-4. 1.2 Site Specific Conditions of Approval 1.2.1 Prior to the City Council meeting, the applicant shall submit a revised plat and landscape plan showing compliance with the qualified open space requirements listed in UDC 11 -3G - 3B. 1.2.2 A 10 -foot wide multi -use pathway is required to be constructed within a public use easement in Lot 1, Block 1 as shown on the landscape plan attached in Exhibit A.S. Landscaping is required to be installed in accord with UDC 11-3B-12. The pathway and landscaping shall be installed in its entirety with the first phase of development on the site. Red Wing Subdivision MDA -13-002; RZ-13-002; PP -13-003 PAGE 21 EXHIBIT A 1.2.3 The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC I 1-3A-7 and I 1-3A-613. 1.2.4 The applicant shall provide a minimum of one (1) site amenity (seating & picnic area) and 1.59 acres (10%) of qualified open space that meet or exceed the standards set forth in UDC 11-3G-3. 1.2.5 Prior to City Engineer signature on the final plat, the applicant shall obtain City Council approval of and record a public pedestrian easement for the 10 -foot wide multi -use pathways shown on the plat. 1.2:6 Unless 9 apied otherwise ise t Cit n •t d A CHD c rr' � Two accessed to this site from Victory Road 4o= approved as shown on the preliminary plat. No vehicular access to Meridian Road is allowed. 1.3 General Conditions of Approval 1.3.1 Comply with all bulk, use, and development standards of the R-4 and R-15 zoning districts listed in UDC Tables 11-2-A-5 and 11-2A-7 respectively. 1.3.2 Comply with all provisions of I 1-3A-3 with regard to access to streets. Direct access to S. Meridian Road is prohibited. Access via E. Victory Road shall be approved by the City of Meridian and ACHD. 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 Construct the pathway and adjoining fencing and landscaping consistent with the standards as set forth in UDC 11 -3A -7A7 and 11-313-12C respectively. 1.3.5 Provide a pressurized irrigation system consistent with the standards as set forth in UDC I I -3A- 15, UDC 11-3B-6 and MCC 9-1-28. 1.3.6 Comply with the sidewalk standards as set forth in UDC I 1-3A-17. 1.3.7 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11 -3B -5J. 1.3.8 Construct all off-street parking areas consistent with the standards as set forth in UDC I 1-3C-6 for single-family and multi -family dwellings as applicable. 1.3.9 Construct the required landscape buffers consistent with the standards as set forth in UDC 11 -3B - 7C. 1.3. 10 Construct storm water integration facilities that meet the standards as set forth in UDC I I -3B- 11 C. 1.3.11 Construct all parkways consistent with the standards asset forth in UDC 11 -3A -17E, 11 -3G -3B5 and 11 -3B -7C. 1.3.12 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 1.3.13 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. 1.3.14 Construct a multi -use pathway along SH 69 as set forth in UDC 11 -3H -4C4. 1.3.15 Comply with all provisions of UDC 11 -3A-3 with regard to maintaining the clear vision triangle. Red Wing Subdivision MDA -13-002; RZ-13.002; PP -13-003 PAGE 22 EXHIBIT A 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 11-313-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-313-13 and UDC 11-313-14. 1.4.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11 -3G -3F1. 1.4.3 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. 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 shall have an ongoing obligation to maintain all pathways. 1.4.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 1 I -3A-11. 1.4.7 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 I I - 3A-3. 1.5 Process Conditions of Approval 1.5.1 No 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 r" 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 -5C -3B. A surety agreement may be accepted for other improvements in accord with UDC 11 -5C -3C. 1.5.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-613-3C2. 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 11-613- 713. 1.5.5 The preliminary plat approval shall be null and void if the applicant falls 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 1 I -3B -14A. 1.5.7 At such time that the multi -use pathway connects from one major street to another and is greater than one-half mile long, the applicant may petition the City to assume maintenance responsibilities. 2. PUBLIC WORics DEPARTMENT 2.1 Sanitary sewer service to this development is available via extension of mains in W. Victory Road. The applicant shall install mains to and through this subdivision except for the 24 inch sewer trunk that is master planned along the west boundary along S Meridian Road; applicant shall coordinate main size and routing and easement widths with the Public Works Department, Red Wing Subdivision MDA -13-002; RZ-13.002; PP -13.003 PAGE 23 EXHIBIT A and execute standard forms of easements for any mains that are required to provide service. In addition, the applicant shall be required to dedicate a permanent and temporary easement for said 24 inch sewer trunk line. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. The subject site is obligated to pay $1,465.56 per acre to proportionally offset costs incurred by the City of Meridian for the Victory Road Gap Sewer Project. Said payment must be received prior to obtaining the City Engineer's signature on any final plat. 2.2 Water service to this site is available via extension of mains in W. Victory 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, a single -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 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, 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)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.8 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)375-5211. 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. Red Wing Subdivision MDA -13-002; RZ-13-002; PP -13-003 PAGE 24 EXHIBIT A 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 Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 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 peak 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 Public 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 permit 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 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. 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 this application. 4. FIRE DEPARTMENT Red Wing Subdivision MDA -13-002; RZ-13-002; PP -13-003 PAGE 25 EXHIBIT A 4.1 One and two family dwellings not exceeding 3,600 square feet require a fire -flow of 1,000 gallons per minute for a duration of 2 hours to service the entire project. One and two family dwellings in excess of 3,600 square feet require a minimum fire flow as specified in Appendix B of the International Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C of the International Fire Code. 4.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 4.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508,5.4 as follows: a. Fire hydrants shall have the 4 ''/z" outlet face the main street or parking lot drive aisle. b. Fire hydrants shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be placed 18" above finished grade to the center of the 4 Y2" outlets. g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 4.4 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.5 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. 4.6 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. 4.7 To increase emergency access to the site a minimum of two points of access will be required for any portion of the project which serves more than 50 homes, as set forth in International Fire Code Section D107.1. The two entrances should be separated by no less than Y2 the diagonal measurement of the full development as set forth in International Fire Code Section D104.3. The applicant shall provide a stub street to the property to the (west/east/north/south). 4.8 Emergency response routes and fire lanes shall not be allowed to have traffic calming devices installed without prior approval of the Fire Code Official. National Fire Protection Standard 1141, Section A5.2.18. 5. REPUBLIC SERVICES 5,1 Republic Services has no comments related to this application. 6. PARKS DEPARTMENT 6.1 The applicant shall design and construct the multi -use pathway along S. Meridian Road/SH 69 consistent with the location and specifications (Chapter 3) set forth in the Meridian Pathways Master Plan unless otherwise approved by the Parks and Recreation Director. 6.2 The applicant shall have an ongoing obligation to maintain all pathways. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Enter into a development agreement with the District to improve Victory Road to 3 lanes with curb, Red Wing Subdivision MDA -13-002; RZ-13-002; PP -13-003 PAGE 26 EXHIBIT A gutter, and 7 -foot wide detached concrete sidewalk from Meridian Road/SH-69 east to the site's east property line, approximately 1,820 -feet. 7.1.2 Comply with requirements of ITD and City of Meridian for Meridian Road/SH-69 frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. 7.1.3 Provide a permanent right-of-way easement for the 7 -foot wide detached sidewalks proposed to be constructed on Victory Road abutting the site. 7.1.4 Construct a dedicated right turn lane for the driveway located approximately 660 -feet east of Meridian Road/SH-69. The right turn lane should designed with an I I -foot wide lane and provide a 100 -feet of storage. The applicant should be required to coordinate the Design and Construction of the dedicated right turn lane with District Development Review staff. ACHD will not reimburse the applicant for the additional right-of-way to accommodate the construction of, or for the construction of the right turn lane. 7.1.5 Construct Red Tail Street, Blackspur Way, Silver Wing Drive, Andros Way, Black Hawk Drive, and White Tail Way as 33 -foot street sections, curb, gutter and 5 -foot attached concrete sidewalks within 50 -feet of right-of-way, as proposed. 7.1.6 Provide written fire department approval for the 33 -foot street sections, prior to plan approval. 7.1.7 Construct Andros Way to intersect Victory Road, located approximately 560 -feet west of Standing Timber Avenue, as proposed with a 52 -foot wide approach, 2 21 -foot travel lanes, curb, gutter, 5 - foot wide detached concrete sidewalk, and a 10 -foot wide landscape median. Provide a permanent right-of-way easement for any sidewalks placed outside of the dedicated right-of-way and dedicate the landscape median as right-of-way. 7.1.8 Construct one stub to the east, Black Hawk Drive, located approximately 580 -feet north of Victory Road. Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." 7.1.9 Construct one 52 -foot wide driveway to intersect Victory Road, located approximately 660 -feet east of Meridian Road/SH-69 with 2 21 -foot travel lanes and a 10 -foot wide landscape island onto Victory Road as proposed. Pave the driveway its full width and at least 30 -feet into the site beyond the edge of pavement of the roadway. 7.1.10 Construct a 30 -foot wide driveway onto Blackspur Way at approximately 125 -feet (measured centerline to centerline) from the Red Tail Street/Blackspur Way intersection and approximately 155 -feet (measured centerline to centerline) from the Black Hawk Drive and Blackspur Way intersection, as proposed. Pave the driveway its full width and at least 30 -feet into the site beyond the edge of pavement of the roadway. 7.1.11 Payment of impacts fees are due prior to issuance of a building permit. 7.1.12 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 ACHD right-of-way. 7.2.2 Private sewer or water systems are prohibited from being located within the ACHD right-of-way. 7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non- compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of ADA compliance to District Development Review staff for review. Red Wing Subdivision MDA -13-002; RZ-13-002; PP -13-003 PAGE 27 EXHIBIT A 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (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 ACHD 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-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD 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 ACRD. 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, ACHD 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 a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. 8. IDAHO TRANSPORTATION DEPARTMENT (See next page) Red Wing Subdivision MDA -13-002; RZ-13-002; PP -13-003 PAGE 28 EXHIBIT A IDAHO TRANSPORTATION DEPARTMENT PO, Box 8026 Boise, ID 63707.2026 (208) 33446300 ltd.ldaho.gov February 4, 2013 Machelle Hill Meridian City Clerk's Office 33 East Idaho Avenue Meridian, Idaho 83642 VIA EMAIL Re: RZ 13-002 and PP 13-003 Red Wing The Idaho Transportation Department has reviewed the referenced rezone and preliminary plat for the Red Wing project site on Victory Road near SH -69 (Meridian Road). ITD has the following comments: 1) ITD has no objection to a local jurisdiction's changes to a land use plan. The proposed change to the comprehensive plan requires no ITD-related mitigation. 2) ITD has an access management plan for SH -69 (Meridian Road). The plan does not include any access to SH -69 between Victory Road and Harris Street. The applicant's site does not appear to affect ITD's access management plans. 3) The proposed change in land use is a net reduction in site -generated trip volume that has an important impact on the regional roadway system. The conversion from employment / commercial center to residential development separates homes from employment opportunities and increases the average joumey-to-work and home -to -shopping trip distance. Although this project is relatively small, the cumulative impact of such rezone/comprehensive plan changes will certainly increase regional travel demand and necessitate additional investment in the transportation system. These incremental changes to the development plans incur a regional cost to expand the roadway network. This site's location on the regional highway system could have provided some benefit in improving accessibility and reducing both travel distance and the number of trips. If you have any questions, you may contact Matt Ward at 334-8341 or me at 334-8377. Sincerely, Dave Szplett Development Services Manager dave.szplettQitd.idaho.gov Red Wing Subdivision MDA -13-002; RZ-13-002; PP -13-003 PAGE 29 EXHIBIT A C. Required Findings from Unified Development Code 1. Rezone 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 a rezone, 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 rezone the subject property to the R-4 and R-15 zoning districts. The City Council finds that the proposed map amendment (zoning) is generally consistent with the proposed MDR and MHDR land use designations for this site and the rest of Cavanaugh development to the south and east of the site. Therefore, the City Council finds the amendment is consistent with the applicable provisions of the Comprehensive Plan (see section Vll above). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the proposed map amendment to the R-4 and R-15 zoning districts and proposed single-family and multi -family residential development of the property is generally consistent with the purpose statement of the residential district in that it will provide for a range of housing opportunities. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City 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. 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 City 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 (as applicable) is in the best of interest of the City (UDC 11-511-3.E). Because the subject request is for a rezone, the City Council finds this finding is not applicable. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the adopted and proposed Comprehensive Plan in regard to land use, transportation, and circulation. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Reportfor more information. Red Wing Subdivision MDA -13-002; RZ-13-002; PP -13.003 PAGE 30 EXHIBIT A b. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Based on comments from the public service providers (i.e., Police, Fire, ACHD, etc.), the City Council finds there is public financial capability of supporting services for the proposed development. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and The City. Council finds the proposed development will not be detrimental to the public health, safety, or general welfare. Meridian City Council Meeting DATE: April 16, 2013 ITEM NUMBER: PROJECT NUMBER: RZ 13-002 ITEM TITLE: Red Wing Subdivision Ordinance No. Proposed # 13-1552: An Ordinance (RZ 13-002 Red Wing Subdivision) For The Re -Zone Of A Tract Of Land Situated In A Portion Of The Northwest One Quarter Of Section 30, Township 3 North, Range 1 East, Boise Meridian, City Of Meridian, Situated In Ada County, Idaho And Adjacent And Continuous To The Corporate Limits Of The City Of Meridian As Requested By The City Of Meridian; Establishing And Determining The Land Use Classification Of R-4 (Low Density Residential; 16.55 Acres) And R-15 (Medium Density Residential; 16.32 Acres) Zoning Districts In The Meridian City Code. MEETING NOTES x s t r Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 10 BOISE IDAHO 04/11113 03:16 PM DEPUTY Bonnie RECORDED—REQUEST OIF Meridian City 113041511 CITY OF MERIDIAN ORDINANCE NO.— BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE (RZ 13-002 RED WING SUBDIVISION) FOR THE RE -ZONE OF A TRACT OF LAND SITUATED IN A PORTION OF THE NORTHWEST ONE QUARTER OF SECTION 30, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, 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 R-4 (LOW DENSITY RESIDENTIAL; 16.55 ACRES) AND R-15 (MEDIUM HIGH RESIDENTIAL; 16.32 ACRES) ZONING DISTRICTS IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIEES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit"A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re -zoning by the owner of said property, to -wit: Red Tail Communities, LLC. SECTION 2. That the above-described real property is hereby re -zoned land from the C -N (Neighborhood Commercial; 13.59 acres) and TN -C (Traditional Neighborhood Center;16.49 acres) zoning districts to the R-4 (Low Density Residential; 16.55 acres) and R-15 (Medium High Residential; 16.32 acres) zoning districts, 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 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 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. RE -ZONE -- ANNEXATION — RZ 13-002 RED WING SUBDIVISION Page 1 of 3 SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in frill force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of , 2013. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of , 2013. ATTEST: HOLMAN, CITY MAYO AMMY de WEERD Obi\T {D A UCUgr GGlj4 , �y Glylyf f DIANt- IUUNh 7 SEAL A J l�°�the TRF.a��4� RE -ZONE - ANNEXATION — RZ 13-002 RED WING SUBDIVISION Page 2 of 3 STATE OF IDAHO, ) ss: County of Ada ) On this � (e) day of Y , 2013, before me, the undersigned, a Notaiy Public in and for said State, personally appeared TAMMY de WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) 0 Vy I'I'I; N ARY PUBLI FORI,DAH RESIDING AT: i`-� V\1 0.t I MY COMMISSION EXPIRES:,—) o� Yi , 20 � RE -ZONE - ANNEXATION — RZ 13-002 RED WING SUBDIVISION Page 3 of 3 January 8, 2013 Project No. 112168 Rezone Description R-15 Zone Red Tail Communities, LLC 16.32 Acres YrN �Page 1 of 1 4 THF LAND GROUP, INC. Exhibit "A" A tract of land situated in a portion of the Northwest One Quarter of Section 30, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Idaho, described as follows: BEGINNING at a found brass cap which monuments the Northwest Corner of said Section 30, which bears South 89°42114" West a distance of 2,450.84 feet from a found brass cap which monuments the North One Quarter Corner of said Section 30, thence following the northerly line of said Section 30 and the centerline of East Victory Road, North 89°42'14" East a distance of 1,011.84 feet; Thence leaving said northerly line and said centerline, South 0°17'46" East a distance of 912. et to a point on the centerline of the Ridenbaugh Canal;. - Thence following said centerline, North 70055111" West a distance of 711.00 feet; Thence following said centerline, North 57°31'47" West a distance of 69.47 feet; Thence following said centerline, North 44608'23" West a distance of 414.34 feet to the westerly line of said Section 30 and the centerline of South Meridian Road; Thence following said westerly line and said centerline, North 0°25149" East a distance of 339.80 feet to the POINT OF BEGINNING. The above-described tract of land contains 16.32 acres more or less, subject to all existing easements and rights-of-way. The intent of this description is for rezone purposes only and is not intended to describe or transfer property rights, Attached hereto is Exhibit "B" and by this reference is made a part hereof. Prepared By: THE LAND GROUP, INC. 462 E. SHORE DRIVE, SUITE 100 EAGLE, IDAHO 83616 Q.T� LAND 208-939-4041 �� LN 208-939-4445 (FAX) d a 14216 l "'E OF V Site. Planning a tundseupe Architecture o Civil Engineering & Golf Course h•rigation & Engineering o Graphic Communication e Surveying 462 E. Shore Drive, Ste. 100, Eagle, Idaho 836115 o P 208.939.4041 F 208.939.4.445 a www,thelandgrouninc.com g:\2012\112168\admin\legals\I 130108 annexation r-15 description 112168.doc January 8, 2013 Project No, 112168 Rezone Description R-8 Zone Red Tail Communities, LLC 16.55 Acres ° Page 1 of 2 THL LANA GROUP, INC. Exhibit "A" A tract of land situated in a portion of the Northwest One Quarter of Section 30, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Idaho, described as follows: COMMENCING at a found brass cap which monuments the Northwest Corner of said Section 30, which bears South 89°42'14" West a distance of 2,450.84 feet from a found brass cap which monuments the North One Quarter Corner of said Section 30, thence following the northerly line of said Section 30 and the centerline of East Victory Road, North 89°42'14" East a distance of 1,011,84 feet to the POINT OF BEGINNING. Thence following said northerly line and said centerline, North 89°42'14" East a distance of 875.00 feet; Thence leaving said northerly line and said centerline, South 0°17'46" East a distance of 350.00 feet; Thence 317.51 feet along a circular curve to the right, said curve having a radius of 317.50 feet, a central angle of 57017'48", a chord bearing of South 28°21'06" West and a chord distance of 304.44 feet, Thence South 574333" West a distance of 46,19 feet; Thence 237.06 feet along a circular curve to the left, said curve having a radius of 682,50 feet, a central angle of 19°54'04", a chord bearing of South 4704631" West and a chord distance of 235,87 feet, Thence South 354332" West a distance of 50.00 feet; Thence 173.56 feet along a circular curve to the left, said curve having a radius of 172.79 feet, a central angle of 18044'36", a chord bearing of South 26°21'15" West and a chord distance of 172.79 feet; Thence South 1904'55" West a distance of 57.81 feet to the centerline of the Ridenbaugh Canal; Thence following said centerline, North 70°55'11" West a distance of 411.60 feet; Thence leaving said centerline, North 0°17'46" West a distance of 912,09 feet to the POINT OF BEGINNING. The above-described tract of land contains 16.55 acres more or less, subject to all existing easements and rights-of-way. The intent of this description is for rezone purposes only and is not intended to describe or transfer property rights. Attached hereto is Exhibit "B" and by this reference is made a part hereof. or Site Planning # Landscape Architecture o Civil Engineering -?Goff Course Irrigation & Engineering ,Graphic Communication -Surveying 462 E. Shore Drive, Ste. 7.00, Eagle, Idaho 83616 o P 203.939,4041 F 208.939,4445 a www.thelandgroupinc.com g.\2012\1121G8\adn)in\legalsV 130108 annexation r-8 description b 112168.doc Page 2 of 2 dab THE LAND GROUP, INC. Prepared By: THE LAND GROUP, INC. 462 E. SHORE DRIVE, SUITE 100 EAGLE, IDAHO 83616 gti— NSN�SCr 208-939-4041 208-939-4445 (FAX) o ,4 a 14216 q� OF 0�� Site Planning o tundscape Architecture o Civil Engineering o Goff Course G'rYgotion & Engliteering o Graphic Communication o5urveying 462 C. Shore Drive, Ste. 100, Eagle, Idaho 83616 a P 208.939.4041 r 205.939.4445 a www.thelandaroupinc.com g:\2012\112168\admin\Iegals\i 130108 annexatir n r-8 description b 112168.doc PROF S A v O I Ln V O Ln CD i% r W W N n o ayS I- A �~141r 0 f �"® rn N 0 `•� p9� � p�b� M M go A v O I Ln V O Ln CD i% r W W N n o ENGINEER/SURVEYOR ®�+►®*� TIME UM OROUP. INC f �"® rn w Sale � . Ga Caum dr d4rgf"aQr[ng M M �hlo Conlm+�pt{oH� Land Su9'"; q sAorw Ph, /� fQ aSBl6 Afnnf as) asa Iff (xc�a) esa ,vis s YJINfS f 710.0MlI I+ M � r 16 16 bl -bt vI 0) 1 D Crl 0 0 Or R. t CD �7 ro CA Z c,j a o 3: d AZ V I A v O I Ln V O Ln CD i% r W W N n o ENGINEER/SURVEYOR ®�+►®*� TIME UM OROUP. INC f �"® �� �."d ..Garldanapo droMtaotww iFD w Cn Sale � . Ga Caum dr d4rgf"aQr[ng D �hlo Conlm+�pt{oH� Land Su9'"; q sAorw Ph, /� fQ aSBl6 Afnnf as) asa Iff (xc�a) esa ,vis s YJINfS f 710.0MlI S. Meridian RoadNO'25'49"E — 339.80' M Z co Gn -r O ao iFD w Cn D � ro I+ M r+ z o ()0 � ca �'I N O -; Q. rrj SO'17'46"E 912.09' N� cn 0 -1P OD � Ul X1 o A O V c�D � It I Z:n GTI J S017'46"E 350.00' 2 C:) o� PROJECT INFORMATION Red Tail Communities, LLC Rezone Description Meridian, Idaho O w C O p� ro Q w 2 ro N m Z �KY o W � O ro 0-0 !v O Scale: 1" = 250' 1/8/2013 112168 Exhibit B 1011.R4 Title: Date: 01-08-2013 I Scale: 1 inch =150 feet Wile: I Tract 1: 16.316 Acres: 710729 Sq Feet: Closure = s46,2638e 0.01 Feet: Precision =11350166: Perimeter = 3459 Feet 001=n89.4214e 1011.84 002=s0.1746e 912.09 003=00.551 lw 711.00 004=07.3147w 69.47 005=n44.0823w 414.34 006=n0.2549c 339.80 Title: 975.00 Date: 01-08-2013 Scale: 1 inch =150 feet I File: Tract 1: 16.546 Acres: 720753 Sq Feet: Closure = nt,66.4956w 0.01 Feet: Precision =1/581443: Perimeter = 3438 Feet 001=n89.4214e 875.00 Bngs47.4631w0�hd=235.874� 009=n70.5511w411.60 002=s0.1746e 350.00 >03: Rt 006=s35.4332w 50.00 010=10.1746w 912.09 R 317,50 DOW -57.1748 3ng s28,210Gw, C�hd 304,44 007: L 9 172.79 Delta=16.4436 Bn�s�6,2115w, �hd=172.79 004=s57.4333w 46.19 008=s19.0455w 57.81 C N o W •�` y T C C U M cts M 11 O N z co a) .2- 0 O C to U I I ,00rosc 3.sid�.os 3 00 z� I m Wt � o �n Aum uouuL'O .Scm 1 z I / \ \ co cco / N_ O I d M a r X d v/ s tp in Gi r 0i/(/l\NW omN� N ~'any soapuy S 01 // / 8 F5 Q w W' I to N W N o `° i I I co00, / N Id •any indsmo-e18 •SL z / co oo�N$o r N M ON. �d..!" roN BZ• Z �L/t� u CO ci / J N ga, PIT Im Nis g i; l ,os a jg F L.' z- .0 WIL 1 . . .. . — ..lg "`�1 psoa uslplaaW 'S --t� y a'qpg NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 13 - PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting re -zoning of a tract of land situated in a portion of the Northwest One Quarter of Section 30, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho. This parcel contains 32.87 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become effective on the day of , 2013. City of Meridian Mayor and City Council By: Jaycee L. Holman, City Clerk First Reading: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES NO Second Reading: Third Reading: _ STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 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. 12- 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. William. L.M. Nary City Attorney ORDINANCE SUMMARY — RZ 13-002 RED WING SUBDIVISION Page 1 Meridian City Council Meeting DATE: April 16, 2013 ITEM NUMBER: 10 PROJECT NUMBER: ITEM TITLE: Future Meeting Topics MEETING NOTES f Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS