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2013-06-25
Tuesday, June 25, 2013 at 6:00 PM 1. 2. 3. 4. 5. ~` Roll-Call Attendance X David Zaremba Charlie Rountree Pledge of Allegiance X Brad Hoaglun X Keith Bird ® Mayor Tammy de Weerd Community Invocation by Adoption of the Agenda Adopted Consent Agenda Approved A. Approve Minutes from June 4, 2013 City Council Regular Meeting B. Approve Minutes of June 11, 2013 City Council Workshop Meeting C. Approve Minutes of June 18, 2013 City Council Regular Meeting D. FP 13-021 Bridgetower Heights by Cottonwood Investments, LLC Located Southwest Corner of W. McMillan Roa and N. Ten Mile Road Request: Final Plat Approval of Fifty-Seven (57) Residential Lots and Nine (9) Common Lots on Approximately 17.89 Acres in an R-8 Zoning District E. Development Agreement for Approval: MDA 13-001 Bellabrook Villas (aka Brookside Square) by ZWJ Properties, LLC Located 300 S. Locust Grove Road Request: Modify the Existing Development Agreement to Allow for the Development of 26 Single-Family Residential Dwelling Units on the Site F. Development Agreement for Approval: MDA 13-004 Gramercy Pride Apartments by Sagecrest Development, LLC Located 2111 and 2283 S. Accolade Avenue, Lots 9 and 26, Block 3 of Gramercy Subdivision No. 1 Request: Modify the Building Elevations Approved with the Amended Development Agreement (Instrument #108022888) Meridian City Council Meeting Agenda -Tuesday, June 25, 2013 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. G. Development Agreement for Approval: AZ 12-003 Olson & Bush by Ronald Van Auker Located at 2950 E. Franklin Road Request: Annexation and Zoning a Total of 7.2 Acres of Land to the C-G (1.41 Acres) and I-L (5.78 Acres) Zoning Districts 6. Community Items/Presentations A. Police Department: Swear In New Police Officer organ Carter 7. Items Moved From Consent Agenda one 8. Action Items A. Continued from June 18, 2013: FP 13-020 Reflection Ridge Subdivision No. 1 by Chris Todd, T-O Engineers Located West Side of S. Locust Grove Road and South Side of the Ridenbaugh Canal, North of E. Amity Road Request: Final Plat Approval Consisting of 61 Single-Family Residential Building Lots and Ten (10) Common/Other Lots on 24.87 Acres of Land in the R-8 Zoning District Continued to July 2, 2013 B. Public Hearing: VAC 13-003 Karmelle (AKA Golden Eagle Estates Subdivision) by Providence Management, LLC Located South Side of E. Victory Road and East of S. Eagle Road Request: Vacate the 10-Foot Wide Public Utility Easements Along the Shared Lot Lines of Lot 1, 2 and 4 Platted with the Golden Eagle Estates Subdivision AND the East Boundary of Lot 4 of the Amended Golden Eagle Estates Subdivision Approved C. Public Hearing to Review and Consider a Proposed Disposition of Real Property Located at 3468 S. Locust Grove Road to the Ada County Highway District for Right-of-Way Services D. Ordinance No. 13-1562: An Ordinance Authorizing the Conveyance of Real Property for Right of Way Purposes at 3468 S. Locust Grove Road Approved 9. Department Reports A. Meridian Parks and Recreation Department: Fiscal Year 2013 Budget Amendment Regarding the Generations Plaza Fountain Upgrade for aNot- to-Exceed Amount of $114,600 Approved B. Fire Department: Budget Amendment for Replacement Hose and Nozzles for the Not-to-Exceed Amount of $65,000.00 Approved Meridian City Council Meeting Agenda -Tuesday, June 25, 2013 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. C. Fire Department: Budget Amendment for Fire Division Chiefs for the Not- to-Exceed Amount of $33.801.00 Approved D. Police Department: Budget Enhancement for Police Security System Upgrade for a Not to Exceed Amount of $20,200.00 Approved E. Police Department: Budget Amendment for Police HVAC Modifications for Evidence Rooms Project for a Not to Exceed Amount of $27,970.00 Approved 10. Ordinances A. Ordinance No. 13-1563: An Ordinance (AZ 13-004 Thompson Farms) for Annexation of a Parcel of Land Located in the Southeast ~/4 of Section 18, Township 3 North, Range 1 East, Meridian Idaho; Establishing and Determining the Land Use Zoning Classification of Said Lands from RUT to R-2 (Low Density Residential) and Providing an Effective Date Approved B. Ordinance No. 13-1564: An Ordinance (AZ 12-003 Olson & Bush) for Annexation of a Parcel of Land Located in the Southeast '/4 of Section 8, Township 3 North, Range 1 East, Meridian Idaho; Establishing and Determining the Land Use Zoning Classification of Said Lands from RUT to C-G (General Retail and Service Commercial) and I-L (Limited Industrial) and Providing an Effective Date Approved 11. Future Meeting Topics 12. Other Items A. Executive Session Per Idaho State Code 67-2345 (1)(c)(f): (c) To Conduct Deliberations Concerning Labor Negotiations or to Acquire an Interest in Real Property, Which is Not Owned by a Public Agency, and (f) To Consider and Advise Its Legal Representatives in Pending Litigation Into Executive Session at 6:28 p.m. Out of xecutive Session at 7:08 p.m. Adjourned at 7:08 .m. Meridian City Council Meeting Agenda -Tuesday, June 25, 2013 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council June 25, 2013 A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, June 25, 2013, by Council President Brad Hoaglun. Members Present: BradHoaglun, David Zaremba, and Keith Bird. Members Absent: Mayor Tammy de Weerd and Charlie Rountree. Others Present: Bill Nary, Jaycee Holman, Bruce Chatterton, Warren Stewart, Jeff Lavey, Mark Niemeyer, Chris Amann, Mike Barton and Dean Willis. Item 1: Roll-call Attendance: Roll call. X_ David Zaremba X Brad Hoaglun Charlie Rountree X Keith Bird Mayor Tammy de Weerd Hoaglun: Good evening. Welcome to tonight's City Council meeting. It is Tuesday, June 25th. It is 6:00 p.m. And welcome everyone here tonight and our first item of business is roll call. Madam Clerk. Item 2: Pledge of Allegiance Hoaglun: Thank you. Our next item is Pledge of Allegiance. Please rise and join us in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by Hoaglun: I don't think we have anybody here tonight for the community invocation. If you are, speak up, but I don't see anybody. Unless you want to just volunteer. Anyway -- Item 4: Adoption of the Agenda Hoaglun: We will move forward to Item 4, which is adoption of the agenda. Councilman Bird. Bird: On the agenda Item 8-A has been requested by the applicant to continue to July 2nd, 2013. Item 8-D, the proposed ordinance number is 13-1562. Under 10-A that ordinance proposed number is 13-1563. And under 10-B the ordinance proposed is 13- 1565. And with that I move we accept the agenda as published. Zaremba: Second. Meridian City Council June 25, 2013 Page 2 of 17 Hoaglun: We have a motion and a second to adopt the agenda. All those in favor, please, say aye. Motion carries. The agenda is adopted. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Consent Agenda Meeting A. Approve Minutes from June 4, 2013 City Council Regular B. Approve Minutes of June 11, 2013 City Council Workshop Meeting C. Approve Minutes of June 18, 2013 City Council Regular Meeting D. FP 13-021 Bridgetower Heights by Cottonwood Investments, LLC Located Southwest Corner of W. McMillan Roa and N. Ten Mile Road Request: Final Plat Approval of Fifty-Seven (57) Residential Lots and Nine (9) Common Lots on Approximately 17.89 Acres in an R-8 Zoning District E. Development Agreement for Approval: MDA 13-001 Bellabrook Villas (aka Brookside Square) by ZWJ Properties, LLC Located 300 S. Locust Grove Road Request: Modify the Existing Development Agreement to Allow for the Development of 26 Single-Family Residential Dwelling Units on the Site F. Development Agreement for Approval: MDA 13-004 Gramercy Pride Apartments by Sagecrest Development, LLC Located 2111 and 2283 S. Accolade Avenue, Lots 9 and 26, Block 3 of Gramercy Subdivision No. 1 Request: Modify the Building Elevations Approved with the Amended Development Agreement (Instrument #108022888) G. Development Agreement for Approval: AZ 12-003 Olson ~ Bush by Ronald Van Auker Located at 2950 E. Franklin Road Request: Annexation and Zoning a Total of 7.2 Acres of Land to the C-G (1.41 Acres) and I-L (5.78 Acres) Zoning Districts Hoaglun: Item 5 is Consent Agenda. Bird: Mr. President? Hoaglun: Councilman Bird. Meridian City Council June 25, 2013 Page 3 of 17 Bird: Nothing -- changes or additions on the Consent Agenda. I move that we approve the Consent Agenda and for the President to sign and the Clerk to attest. Zaremba: Second. Hoaglun: We have a motion and a second to approve the Consent Agenda. Madam Clerk, will you, please, call roll. Roll Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. Hoaglun: All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Community Items/Presentations A. Police ®epartment: Swear In New Police ®fficer Morgan Carter Hoaglun: Item No. 6-A. Police Department. We are going to be bringing in a new officer. Chief Lavey, it's all yours. Lavey: Mr. President, Council, it's always a pleasure to come forward today for what we are going to do, but I just want to give you a little bit of back history. Approximately six months ago we were in a process of trying to fill two positions with the Police Department and we always alternate between lateral positions and new positions, recruits, and it was our turn to hire a couple of recruits to keep that balance and we weren't successful in locating two, we only located one and if you remember about three months ago I came forward and introduced to you Josh Allen and Josh just graduated from the police academy last week and I just want to point out that he graduated number two in his class. He was point 100th of a percentage point from being number one. So, that was great success on his part. But as I said, we were only able to hire one recruit and so we had to open it up for lateral positions again and we had numerous officers from around the area that had applied for the position and this gentleman that I'm going to introduce today comes to us from Canyon county and if he is anything like the last person we hired from Canyon county, City of Meridian is in -- is in very good hands. And so I would like to introduce to you Morgan Carter and if -- Morgan, if you could come forward and just stand to the left of me and Morgan has brought his wife and his son and daughter here today as well, but what we would like to do is do an official swearing in ceremony and, then, do a badge pinning, give Frank an opportunity to take some pictures and, then, if Council has any remarks, then, that would be appropriate at that time. So, if you could face me, Morgan, and raise your right hand and repeat after me. I, Morgan Carter, do solemnly swear or affirm, that I will support the Constitution of United States and the Constitution and laws of state of Idaho and the laws and ordinances of the City of Meridian; that I will abide by the law enforcement code of ethics and the policies and procedures of the Meridian police; that I will obey all lawful orders and directives of those appointed over Meridian City Council June 25, 2013 Page 4 of 17 me and that -- and that I will to the best of my ability faithfully discharge all the duties of the office of police officer in and for the City of Meridian, State of Idaho, so help me God. (Repeated by Officer Carter.) Lavey: Congratulations. (Pictures taken.) Hoaglun: Chief, does the officer have any words he wants to say? Lavey: You know, you always put them on the spot and they usually say no, but I will give him that opportunity to speak. Hoaglun: Okay. Officer Carter, anything you would like to say? Carter: I just want to say I am proud to be a member of the Meridian Police Department and a member of the Meridian family. Thank you. Hoaglun: Great. Well, it's great to have you. We think you are joining one of the best police departments in the valley, if not the state -- ah -- and even go the northwest, so -- so we are pleased to have you here and we know that it will be a good tenure for you. Carter: Thank you. Bird: Thank you. Zaremba: Thank you. Very happy to have you. Lavey: That's pretty good brainwashing on our part for just two days. Bird: Yeah. Lavey: Thank you. Item 7: Items Moved From Consent Agenda Hoaglun: Item 7 was items moved from the Consent Agenda and we did not have any. Item 8: Action Items A. Continued from June 18, 2013: FP 13-020 Reflection Ridge Subdivision No. 1 by Chris Todd, T-O Engineers Located West Side of S. Locust Grove Road and South Side of the Ridenbaugh Canal, North of E. Amity Road Request: Final Plat Approval Consisting of 61 Single-Family Residential Building Lots and Ten Meridian City Council June 25, 2013 Page 5 of 17 (10) Common/Other Lots on 24.87 Acres of Land in the R-8 Zoning District Hoaglun: So, we will go to Item 8, Action Items. 8-A. Council. Zaremba: Mr. President? Hoaglun: Councilman Zaremba. Zaremba: I move we continue Item 8-A to our regularly scheduled meeting of July 2nd, 2013. Bird: Second. Hoaglun: I have a motion and a second to move item 8-A to our July 2nd meeting. Just requires a verbal, so all those in favor, please, say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. B. Public Hearing: VAC 13-003 Karmelle (AKA Golden Eagle Estates Subdivision) by Providence Management, LLC Located South Side of E. Victory Road and East of S. Eagle Road Request: Vacate the 10-Foot Wide Public Utility Easements Along the Shared Lot Lines of Lot 1, 2 and 4 Platted with the Golden Eagle Estates Subdivision AND the East Boundary of Lot 4 of the Amended Golden Eagle Estates Subdivision Hoaglun: Item 8-B is a public hearing on VAC 13-003. Bill, is that to you? Parsons: Thank you, Mr. President, Members of the Council. Next item on the agenda is the Karmelle vacation application. This subject property is located on the south side of East Victory Road and approximately a quarter mile south of Eagle Road. A few months back the Council did approve a preliminary plat known as Karmelle Subdivision. That consisted of 43 lots and eight common lots. A requirement of that subdivision was they were to vacate some easements that were platted with the Golden Estate Subdivision, which consisted of three parcels at the time. Here are the graphics before you that depicts what easements will be vacated. The graphics on the left-hand side shows the public utility and drainage easements that will be vacated from the buildable lots, again, that were platted with the Golden Estates Subdivision in the 1970s and, then, for just informational purposes I have showed you that the applicant has, in fact, vacated the 40 foot wide Kennedy lateral -- excuse me -- McDonald Lateral easement here and has relocated that within a 30 foot wide easement. That relocation and that approval has already been done by the Boise Project Board of Control and does not take any --does not require any action from City Council this evening. And, then, as this exhibit shows, it shows you how the proposed easements do impact the approved subdivision. You can see that several of the approved buildable lots are impacted by that easement, so that's Meridian City Council June 25, 2013 Page 6 of 17 why we are here this evening to -- to get your blessing and your approval on that. I'd mention to you that all of these service providers have granted relinquishments -- relinquishment of those easements. Public Works has no objection to the easements being vacated as well. We have received written testimony from the applicant in agreement with the staff report. Staff is recommending approval to you this evening and at this time I'd stand for any questions you have. Hoaglun: Thank you, Bill. Council, any questions for -- Bird: I have none. Hoaglun: Is the applicant here and want to comment? Hi. If we could get your name and address for the record. Wonders: Sure. Good evening. Scott Wonders with JUB Engineers. 250 South Beachwood Avenue in Boise. I'm just here, basically, to answer any questions that you may have. As Bill has already stated, it is an older subdivision that was -- was being resubdivided, basically, with the approved Karmelle Subdivision for public utility easements that were recorded on an older plat. So, I'm here to stand for any questions you may have for us. Hoaglun: Okay. Thank you, Scott. Council, any questions for Scott? Bird: I have none. Hoaglun: All right. Thank you. This is a public hearing. Is there any member of the public who would like to testify on this matter? Seeing none -- Bird: Mr. President? Hoaglun: Councilman Bird. Bird: I move we close the public hearing on VAC 13-003. Zaremba: Second. Hoaglun: Motion and second to close the public hearing on Item 8-B. All those in favor, please, say aye. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Bird: Mr. President? Hoaglun: Councilman Bird. Bird: I move we approve VAC 13-003 and include all staff and applicant comments. Meridian City Council June 25, 2013 Page 7 of 17 Zaremba: Second. De Weerd: We have a motion and a second to approve VAC 13-003. Madam Clerk, will you, please, call roll. Roll Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. Hoaglun: All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. C. Public Hearing to Review and Consider a Proposed Disposition of Real Property Located at 3468 S. Locust Grove Road to the Ada County Highway District for Right-of-Way Services Hoaglun: Onto Item 8-C. This is a public hearing to review and consider a proposed disposition of real property and who is handling that one? Warren? Stewart: Yeah. Members of the Council, Council President, this is to, essentially, dedicate some right of way for a future expansion of Locust Grove Road adjacent to the new reservoir number two property that we are in the process of developing. It's a requirement of ACRD that we give them some additional right of way for future road expansion. So, that's, essentially, what it's for and I will stand for any questions. Hoaglun: Thank you, Warren. Council, any questions on this item? You're getting off easy tonight, Warren. This is a public hearing. Is there any members of the public who would like to weigh in on this matter? It's a quiet bunch tonight. Okay. Bird: Mr. President? Hoaglun: Councilman Bird. Bird: I move we close the public hearing on the disposition of the real property at 3468 South Locust Grove Road. Zaremba: Second. Hoaglun: We have a motion and a second to close the public hearing on item 8-C. All those in favor, please, say aye. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. D. Ordinance No. 13-1562: An Ordinance Authorizing the Conveyance of Real Property for Right of Way Purposes at 3468 S. Locust Grove Road Meridian City Council June 25, 2013 Page 8 of 17 Hoaglun: Item 8-D. Ordinance No. 13-1562 pertaining to the property at 3468 South Locust Grove Road. Bird: We need to read -- Hoaglun: Yeah. We do need to do that by title only; correct? Unless someone else wants to hear it longer. But we will let you start. Go ahead, Jaycee. Holman: Thank you. City of Meridian Ordinance No. 13-1562, an Ordinance authorizing the conveyance of certain owned real property to the Ada County Highway District located at 3468 South Locust Grove Road, south of Victory Road. A portion of Ada County parcel number F1129223550, authorizing the Mayor and City Clerk to execute and attest on behalf of the City of Meridian the deed and other documents necessary to complete the transaction. Providing for a waiver of the reading rules and providing an effective date. Hoaglun: You have heard this ordinance read by title only. Is there any member of the audience who would like to hear it read in full? Bird: Mr. President? Hoaglun: Commissioner Bird. Bird: Seeing nobody wants to hear it in full, I move we pass Ordinance No. 13-1562 with suspension of rules. Zaremba: Second and a moment of discussion. Hoaglun: Okay. We have a motion and a second to pass 13-1562. So, Councilman Zaremba. Zaremba: I heard as the clerk was reading that that the Mayor is authorized to sign. Do we --the Mayor will still be gone another week and a half or two. Do we need to comment that the City Council President can sign in her absence? Bird: Mr. President? Oh, go ahead, Bill. Nary: Oh. Mr. President, Members of the Council, no, there is -- there is still some -- some other work that needs to be done. We don't anticipate that getting done until the Mayor gets back. So, really, what this is really saying -- when we get all of that, then, the Mayor can sign it. So -- so, we shouldn't have any issue or problem. It's not a timing question or concern. Zaremba: Sounds good to me. Thank you. Meridian City Council June 25, 2013 Page 9 of 17 Hoaglun: No further questions? We -- Madam Clerk, would you, please, call the roll. Roll Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. Hoaglun: All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 9: Department Reports A. Meridian Parks and Recreation Department: Fiscal Year 2013 Budget Amendment Regarding the Generations Plaza Fountain Upgrade for aNot-to-Exceed Amount of $114,600 Hoaglun: Moving on to Department Reports. 9-A. Parks Department. Mike. Barton: Mr. President, Members of the Council, the Generations Plaza water feature upgrade is currently in design and we are nearing that -- completion of the set of plans that will allow us to go into construction. This budget amendment will -- will provide us to -- the opportunity to move forward the construction schedule from next spring in next fiscal year to later this summer to this fiscal year. With that I will stand for questions. Hoaglun: Thank you, Mike. Council, any questions? Bird: I have none. Hoaglun: Okay. Councilman Zaremba. Zaremba: Mr. President, I would move that we approve the FY-13 budget amendment regarding Generations Plaza fountain upgrade for the not to exceed amount of 114,600 dollars. Bird: Second. Hoaglun: We have a motion and a second to approve Item 9-A. Madam Clerk, will you, please, call roll. Roll Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. Hoaglun: All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. B. Fire Department: Budget Amendment for Replacement Hose and Nozzles for the Not-to-Exceed Amount of $65,000.00 Meridian City Council June 25, 2013 Page 10 of 17 Hoaglun: 9-B is a request from the Fire Department. Chief or Chris. Amann: Mr. President, Members of the Council, we are coming before you tonight with a budget amendment requesting an amount not to exceed 65,000 dollars for replacement of fire hose and nozzles. During our budget process in April 2012 for this fiscal year we met with the Mayor, our Council liaison Mr. Bird at the time, and the budget director advised that we saw this need coming up, however, we did not know what the total amount would be. They advised us at that time to go ahead and continue with testing to determine what our need was and bring back an amendment at that time and that's where we are now. Hoaglun: Thank you. Any questions, Council? Bird: I have none. Hoaglun: Okay. No questions. Thank you, Chris. Bird: Mr. President? Hoaglun: Councilman Bird. Bird: I move we approve the budget amendment for replacement hose and nozzles for the not to exceed amount of 65,000. Zaremba: Second. Hoaglun: We have a motion and a second to approve Item 9-B. Madam Clerk, would you, please, call roll. Roll Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. Hoaglun: All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. C. Fire Department: budget Amendment for Fire Division Chiefs for the Not-to-Exceed Amount of $33.801.00 Hoaglun: Item No. 9-C also from the fire department. Chief Niemeyer is going to do this one. Niemeyer: Mr. President, Members of the Council, thank you. I was hoping to have fewer amendments than the police department, but we didn't -- we didn't do that this time. Before you is the budget amendment for the division chief conversion. As we have discussed in the past from the salary positions to hourly, working with Todd Lavoie in Finance who created the numbers for us, looking at the percentage of budget remaining to meet that obligation, that's what this number reflects. As far as for next year that's been Meridian City Council June 25, 2013 Page 11 of 17 built into base by Todd, so you will see that in the budget presentation. But this is for the remainder of this year, so that we come into compliance with that changeover. Hoaglun: Thank you, chief. Any questions, Council? Bird: I have none. Hoaglun: All right. Thank you. Bird: Mr. President? Hoaglun: Councilman Bird. Bird: I move we approve the budget amendment for the fire division chiefs for a not to exceed 33,000 dollars. Hoaglun: Councilman Bird, is that 33,000 -- Bird: -- 33,801 dollars. Zaremba: Second. Hoaglun: Thank you. Motion and second to approve the budget amendment for the Fire Department under 9-C. Madam Clerk, please, call roll. Roll Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. Hoaglun: All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. D. Police Department: budget Enhancement for Police Security System Upgrade for a Not to Exceed Amount of $20,200.00 Hoaglun: Item 9-D, Police Department. Lavey: Mr. President, Council, I will point out that we also have two budget amendments, like the Fire Department, but ours are less than theirs, so we are competing with them. So, the -- the first item that I have in front of you was in front of Council in April of this year for an enhancement and this is something that our IT Department had been working on the previous budget year to upgrade our security system within the Police Department. Well, somewhere along the lines there was a communication problem with the vendor and the proposal -- the bid proposal scope of work did not include the entire project. We did not find out about this until about a month ago and the reason why it took so long is -- is we had so many other projects going on in the city that I told them that we could make our security system upgrade a low priority and so let's get -- let's get through all the projects, Meridian City Council June 25, 2013 Page 12 of 17 ~ through all the computers, and, then, we can start working on this project. Well, when we started working on this project we realized that the bid only included half the project and so the project did not include the door sensors, it did not include the computer, it did not include the camera or the printer that goes along with the system. It really only covered the software licensing and the upgrades and so I had IT go in, work with the vendor to get the exact true cost and so today the budget amendment is not to exceed 20,200, but that would include every item to complete the project and make it compatible with the City Hall security system. I stand for any questions. Hoaglun: Thank you, chief. Council, any questions? Bird: I have none. Hoaglun: Any questions we want to ask Crystal, just because we never ask her anything? Okay. I guess not. Lavey: In all fairness it was not Crystal we were working with, it was somebody else. Hoaglun: Oh, I know, but we never get to do that. Bird: We wanted to see her testify. Lavey: Well, it was Crystal's fault. ~' Bird: Okay. Hoaglun: Oh, okay. All right. Council, you have an Item 9-D. Bird: Mr. President? Hoaglun: Councilman Bird. Bird: I move we approve the budget enhancement for the police security system not to exceed 20,200 dollars. Zaremba: Second. Hoaglun: We have a motion and a second to approve 9-D. Madam Clerk, please, call roll. Roll Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. Hoaglun: All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Meridian City Council June 25, 2013 Page 13 of 17 E. Police Department: Budget Amendment for Police HVAC Modifications for Evidence Rooms Project for a Not to Exceed Amount of $27,970.00 Hoaglun: 9-E also Police Department budget amendment. Lavey: Mr. President, Council, this is the last item we have in front of you. This was in front of Council many months ago -- I believe under a budget amendment and we said a not to exceed amount of 30,000 dollars. Well, when we started hiring the consultant and got into the project, we discovered that the issues were much bigger than we thought and one of the first recommendations that they had was to do actual testing -- air testing and surface testing of the evidence room to make sure we were going to design and build a system that would take care of the issues instead of just something in place that we thought might work. And so the -- the laboratory testing took a considerable amount of money in regards to this project and we are in front of you today asking for 27,970, which would include the rest of the project and, then, the construction of the items. We actually have approximately 5,000 dollars left in the original project monies that was funded. And, then, if you recall at that same time you also approved a budget amendment for the lobby floor of the police department to a not to exceed amount of 40,000 dollars. That came in at about 28,000. So, we saved some monies. So, really, it's kind of a wash in what we are talking about today, but we did have the not to exceed original amount. So, we are in front of Council today asking for the difference to finish that project. Hoaglun: Thank you, chief. Council, any questions? Bird: I have none. Hoaglun: Okay. Bird: Mr. President? Hoaglun: Councilman Bird. Bird: I move we approve the budget amendment for the police HVAC modifications for the sum of 27,970 dollars. Zaremba: Second. Hoaglun: We have a motion and a second to approve Item 9-E. Madam Clerk, will you, please, call roll. Roll Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. Hoaglun: All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Meridian City Council June 25, 2013 Page 14 of 17 Item 10: Ordinances f A. Ordinance No. 13-1563: An Ordinance (AZ 13-004 Thompson Farms) for Annexation of a Parcel of Land Located in the Southeast'/4 of Section 18, Township 3 North, Range 1 East, Meridian Idaho; Establishing and Determining the Land Use Zoning Classification of Said Lands from RUT to R-2 (Low Density Residential) and Providing an Effective Date Hoaglun: Two ordinances. Item 10-A. Madam Clerk, would you, please, read these ordinances by title only. Holman: City of Meridian Ordinance No. 13-1563, an Ordinance AZ 13-004, Thompson Farms, for annexation of a parcel of land located in the southeast one quarter of Section 18, Township 3 North, Range 1 East, Boise meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT, and R-2, Low Density Residential District, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder and the Idaho State Tax Commission as required by law and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. Hoaglun: You have heard the ordinance read by title only. Is there any member of the audience who would like to hear it read in full? Councilman Zaremba. Zaremba: Seeing none,. Mr. President, I move that we approve Ordinance 13-1563 with suspension of rules. Bird: Second. Hoaglun: I have a motion and a second to pass ordinance 13-1563. Madam Clerk, would you, please, call roll. Roll Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. Hoaglun: All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. B. Ordinance No. 13-1564: An Ordinance (AZ 12-003 Olson & Bush) for Annexation of a Parcel of Land Located in the Southeast'/4 of Section 8, Township 3 North, Range 1 East, Meridian Idaho; Establishing and Determining the Land Use Zoning Classification of Said Lands from RUT to C-G (General Retail and Meridian City Council June 25, 2013 Page 15 of 17 Service Commercial) and I-L (Limited Industrial) and Providing an Effective Date Hoaglun: Item 10-B. Madam Clerk, would you, please, read this ordinance by title only. Holman: City of Meridian Ordinance No. 13-1564, an Ordinance AZ 12-003, Olson & Bush, for annexation of a parcel of land located in the southeast one quarter of Section 8, Township 3 North, Range 1 East, Boise meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT, to C-G, General Retail and Service Commercial District, and I-L, Light Industrial 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. Hoaglun: Thank you. This ordinance has been read by title only. Is there anyone who wishes to hear this ordinance read in its entirety? Zaremba: Mr. President? Hoaglun: Seeing none -- Councilman Zaremba. Zaremba: Seeing no request for more reading, I move we approve Ordinance 13-1564 with suspension of rules. Bird: Second. Hoaglun: We have a motion and a second to approve Item 10-B. Madam Clerk, would you, please, call roll. Roll Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. Hoaglun: All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 11: Future IVleeting Topics Hoaglun: Item 11 is future meeting topics. Council, is there anything to bring up for future discussion? Zaremba: I don't have any. Bird: I don't have any. Meridian City Council June 25, 2013 Page 16 of 17 r Hoaglun: Great. Well, then, we will move on to Other Items, Item 12. But before I do just want to acknowledge the scout troop that's here. What troop number are you guys? 152? Great. Great to have you here tonight. It's a rather unusual night. We usually don't roll through these things quite as quick, but -- Zaremba: We are setting a land speed record. Hoaglun: That's right. But we are going to be going into Executive Session here in just a moment, so we will be out of the room for awhile, but the clerk will give you some pins for coming to tonight's meeting. So, glad to have you here. Item 12: Other Items A. Executive Session Per Idaho State Code 67-2345 (1)(c)(f): (c) To Conduct ®eliberations Concerning Labor Negotiations or to Acquire an Interest in Real Property, Which is Not Owned by a Public Agency, and (f) To Consider and Advise Its Legal Representatives in Pending Litigation Hoaglun: So, Council, Item 12-A. Bird: Mr. President? Hoaglun: Councilman Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(c) and (1)(~- Zaremba: Second. Hoaglun: We have a motion to go into Executive Session. Madam Clerk, would you, please, call roll. Roll Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. Hoaglun: All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Hoaglun: Council is in recess. EXECUTIVE SESSION: (6:28 p.m. to 7:08 p.m.) Hoaglun: Do we have a motion to come out of Executive Session? Meridian City Council June 25, 2013 Page 17 of 17 Bird: So moved. Zaremba: Second. Hoaglun: All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Hoaglun: Do we have a motion to adjourn the meeting? Bird: So moved. Zaremba: Second. Hoaglun: All those in favor say aye. MOTION CARRIED: THREE AYES. ONE ABSENT. Hoaglun: Meeting adjourned. MEETING ADJOURNED At 7:08 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR TAMMY DE WEERD .~ ~ ~. ATTEST: JAYCEE. HOLMAN, CITY ~ .~ / DATE APPROVED ~,4°r ATP D ~ Uc~'ST co r ~y ~m ow ~ty of ~~~~' ~OZ~.N~- .a IDgHD ~' ~1:CiJ `~ F~~ P~v F p 9~~~hr TREASU~~ Changes to Agenda: Item #8A -Reflection Ridge Subdivision No. 1; The applicant is requesting this item to be continued to ''e July 2, 2013 Council hearing. Item #86: Karmelle (VAC-13-003) Application(s): Vacation Location: This site is located on the south side of E. Victory Road, east of S. Eagle Road. History: In 2013, City Council approved the Karmelle Subdivision (PP-12-014 and FP-13-008). The approved subdivision consists of forty-three (43) residential lots and nine (g) common lots on approximately 16.18 acres of land. Summary of Request: The applicant is requesting to vacate the 10-foot wide public utility, irrigation and drainage (PUDI) easements platted on the shared lots line of Lots 1, 2 and 4 of Golden Eagle Estates Subdivision and the east boundary of Lot 4 of the Amended Golden Eagle Estates Subdivision. With the platting of Golden Eagle Estates Subdivisions, the utility easements were established along the aforementioned lot boundaries. The platted easements impact several of the proposed buildable lots approved with the Karmelle Subdivision. A condition of the final plat requires the easements to be vacated prior to City Engineer's signature on the final plat, All of the applicable utility providers have granted approval to relinquish the easements. New PUDI easements will be established with the development of the Karmelle Subdivision once it is recorded. The applicant has also obtained approval from the Boise Project Board of Control to vacate the 40-foot McDonald Lateral easement in favor of granting a new 30-foot easement that contains the piped facility. The necessary documentation from the Irrigation District approving the easement vacation was provided with the vacation application. This easement does not requiring Council action because the easement was not created via the plat. The new 30-foot wide irrigation easement is depicted on the final plat approved with the Karmelle development. Since new easements will be established with the new plat, Public Works has no objections and the service providers have nranted relinquishment of the easements, Staff recommends vacating the PUDI easements as proposed in Exhibit A.2. .,ritten Testimony: Scott Wonders, in agreement. Outstanding Issues for City Council: None Notes: Meridian City uncil Meeting AT :June 25, 2013 IT 5A DATE: I E-MSTAFF TO I AGENCOY I APPLICANT NOTES INITIALS er®in City ouncil et®n ~~ I Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE' FINAL ACTION DATE: E-MAILED TO I SENT TO I SENT TO I NOTES INITIALS STAFF AGENCY APPLICANT ~-i Ian iy ®uncil ®n T :June 25, 2013 IT U 5C iTEnn TITLE: J T Approve Minutes of June 18, 2013 City Council Regular Meeting DATE: E-MAILED TO I SENT TO I SENT TO I NOTES INITIALS STAFF AGENCY APPLICANT ri ian i uncil tin T :June 25, 2013 IT 5D J : F P 13-021 ITEM TITLE: FP 13-021 Bridgetower Heights by Cottonwood Investments, LLC Located Southwest Corner of W. McMillan Roa and N. Ten Mile Road Request: Final Plat Approval of Fifty- Seven (57) Residential Lots and Nine (9) Common Lots on Approximately 17.89 Acres in an R-8 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: I E-MSTAFD TO I AGENCOY I APPLICANT I NOTES INITIALS ri ian iy Council in :June 25, 2013 ~TEnn T~rLE: IT J T M A 13-001 Development Agreement for Approval: MDA 13-001 Bellabrook Villas (aka Brookside Square) by ZWJ Properties, LLC Located 300 S. Locust Grove Road Request: Modify the Existing Development Agreement to Allow for the Development of 26 Single-Family Residential Dwelling Units on the Site MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: I E-MSTAFF TO ( AGENCYO I APPLICANT I NOTES I INITIALS ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 i BOISE IDAHO 06/26!13 12;47 PM DEPUTY Uicky Bailey I~ ~ ~ I~ ~I ~ ~ I I ~ I~ ~ ~~ ~ I~ I I (I RECORDED-REQUEST OF Meridian Ciry 11.~~71~'~ 1 ADDE1YDiTNd TO THE DEVELOPNtEl`1T ACREEIO~IENT PARTIES: 1. City of Meridian 2. ZWJ Properties, LLC, Owner/Developer _ a. This addendum is made and entered into this ~? +" day of ~.~, ~ , 2013, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called CITY and ZWJ Properties, LLC whose address is 1854 E. Lanark Street, Meridian, ID 83642, hereinafter called OWNER/DEVELOPER. RECITALS A. CITY and OWNERIDEVELOPER, and/or predecessors, entered into that certain Development Agreement dated January 25, 2008 (Instrument # 1080008769) on the land described in Exhibit "A" ("Property"). B. CITY and OWNER/DEVELOPER now desire to amend the Development Agreement and Addendum to the Development Agreement in accordance with the terms in this Addendum, which terms have been approved by the Meridian, City Council in accordance with Idaho Code Section 67-6511A. hIOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. OWNER/DEVELOPERshall bebound bythe terms of the Development Agreement, except as specifically to Section 4.1 and Section 5.1 of the original Development Agreement as follows: 4. US'ESP.~RM"ITTED BY THI~'~4GREEIVILNT.~ 4.1 The Zrses allowed parrsatant to this Agreement are only those uses allowed zander City's Zoning Ordinance coded atMer•idian Unifred Development Code ~' 11-2A-2 which are herein specified as follows.• 26 single family detached zrnits on 4.38 acres, and the pertinentprovisians of the City of ll~leridian Comprehensive Plan are applicable to this MDA 13-D(Il and PP 13-002 application. ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 13-001 BELLABROOK SUBDIVISION) PAGE 1 OF 4 ~.2 No change in the uses specified in this Agreement shall be allowed without tnod~cation of thisAgt~eement S. C`01iTDrTI®liT~'G®VERIVINGDEVELOPMEN~'OFS'UI3JEC`TPROPERTY.• 5.1 • Ot~~net/Developet• shall develop the P>^opeNty in accordance with the following special conditions; The development of this site shall substantially comply with the landscape plan and conceptual elevations subn2itted with the application (shown in exhibit B) and presented at the public heaNing• 2• That Owner/Developer agree to abide by all ol•dinances of the City of Meridian and the Property shall be subject to de-annexation of the Owner/Developer, or their assigns, heirs, or successor shall not meet the conditions of this addendum to the Development Agreement, and any new Ordinances of the City of Mel7dian as hel•ein provided. 3 • This Addendum shall be binding upon and insure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's cox~olate authorities and their successors in office. This Addendum shall be binding on the Owner/Developer of the Property, each subsequent owner and any other person(s) acquil7ng 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 hereon and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Addendum if City, in its sole and reasonable discretion, had determined that Owner/Developer have fully performed their obligations under this Addendum. 4. Tf any provision of this Addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 5. This Addendum sets forth all promises, inducements, agreements, condition, and understandings between Owner/Developer and City relative to the subject matter herein, and there are no promises, agreements, conditions or• under-standing, either oral or• written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change ox addition to this second addendum 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 a• Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Property herein provided for can be modified or amended within the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 13-001 BELLABROOK SUBDIVISION) PAGE 2 OF 4 for a zoning designation and/or amendment in force at the time of the proposed amendment. 6. This Addendum shall be effective as of the date herein above written. ACI~I®WLEI)GIVIENl'S IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. ®WI~R/DEVELOPER: ZWJ Properties, LLC 1~ • ~.- ~-~~__ CITY UE 1VI1i;RII)IAlV By. ~~A~ ~ Mayor m°y~l~d ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 13-001 BELLABROOK SUHDNISION) PAGE 3 OT 4 STATE OF IDAHO ) County of Ada, ss: On this _~ day of ~ , 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared ~~~. ~ known or identified to me to be the ~, ~~~- _ ~„~.. of ZWJ Prope~•ties, LLC, and aelrnowledged to me that he executed the same on behalf of said Limited Liability Company. STATE OF IDAHO ) ss County of Ada ) On this day of ~ i , 2013, before me, a Notary Public, personally appeared'~'a~nmy de Weerd and Jaycee L. Flolman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instiurnent of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. c L-% L of y Pu Ic for Idaho R~ 'ding at; ~~-(~ ~, /,~ ~ a +-~ ~ ~ Commission expires: _~ z{~ l ~-~ ADDENDUM TO DEVELOPMENT AGREEMENT (MDA I3-001 BELLABROOK SUBDIVISION) PAGE 4 OF 4 ~xhiblt A ~,e~a1 pescription Ilr~c~r ~ill~~ 71d4 6 A.3~ prat io tb ~rr~ ®agam o~~abn(t aP li1 tte~. GNntptt ~V, yen, ~~ ~~ t`~ ~y 91, ~v~ ~~AKg Rx'"~'G ~~ ~~~~~ ~411~Pt~9f41Y ' ~ JOD N0.0&~~ Exhibit B Prphosed Latbctsoape PIAn ~,~,~ ~ I t . ~~.. 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H usYrna , rr rl I ~J 111 F ~. ~t~~.~ ~ _.~,._.._.~___~__. _~.._..~.~___T,_ _~_~.~..T ~r_~_l._.__W.~_ pk1~-pl.A"f ^ (.JtNUi~OAp~- pi.XN ,..r"-~- ~~ livY:rwr~ ""'""`""- urar~xa,ncwtirx a t r r o r •• X4.1 ~'xhibit B Cn>ic~ephlal Bnitding I;Ie'vAtints:4 +4t~%'s..l iL~~A T ~~ ~ ~. Pio1a Blmnar phoio 6imtlar nratn~~ __.snuoi e~-i in City Council Meet®n AT :June 25, 2013 I Ni a 5F J T M DA 13-004 ITEM TITLE: Development Agreement for Approval: MDA 13-004 Gramercy Pride Apartments by Sagecrest Development, LLC Located 211 1 and 2283 S. Accolade Avenue, Lots 9 and 26, Block 3 of Gramercy Subdivision No. 1 Request: Modify the Building Elevations Approved with the Amended Development Agreement (Instrument # 108022888) MEETING NOTES L~>'i Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: I E.MSTAFF TO ( AGENCOY I APPLICANT I NOTES I INITIALS ADA COUNTY RECORDER Christopher D• Rich AMOUNT ,00 ; BOISE IDAHO 06126/13 12:47 PM DEPUTY Vicky Bailey I~ ~ ~ 0~ II ~ ~ I I (I~ ~ ~~ ~ I (~ ~~ ~I RECORDED-REQUEST OF Meridian City 11:~~3 r 1 ~~~~ 2"d AI)I)EI~II)ITNI T® TIIE I)EVEI,®PME~1T ACREENtEr'~T PARTIES: 1. City of Meridian 2. Bling LLC.-, Owner/Developer ~-h This addendum is made and entered into this e~J r day of ,,~~~,~, , 2013, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called CITY, and Bling LLC whose address is 7897 S. Saddlebag Way, Nampa, Idaho 83687, hereinafter called OWNER/DEVELOPER. RIECITAI,S A. CITY and OWNER/DEVELOPER entered into that certain DEVELOPMENT AGREEMENT (Instrument # 106141056) and an Addendum to the E Development Agreement dated February, 28, 2008 (Instrument # 108022888) on the land described in Exhibit "A" ("Property")• B. CITY and OWNER/DEVELOPER now desire to amend the Development Agreement and Addendum to the Development Agreement in accordance with the terms in this 2"`~ Addendum, which terms have been approved by the Meridian Planning and Zoning Commission and the Meridian City Council in accordance with Idaho Code Section 67-6511A. 1~IOW, TIIEREF'®RE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. 0 WNER/DEVELOPER shall be bound by the terms of the Development Agreement and the Addendum to the Development Agreement, except as specifically amended to modify/add the following: SECTI®I~T 4. Uses permitted by this agreement: 9. G T/ie pt•opose~l toivytliomes slinll be cofastt•trctetl rvitlt high quaCity ~zote>"ials, including but not limited to, stucco with substantial brick os~ stone accents. Elevations shall sttbstatttially confoNnt to the elevatio~ts submitted with Ply 07- DI8. 4.7 I)evelopmettt of these sites (lot 9 and Lot 26, Block 3) shall srtbstantially comply with site plan, landscapepla~z and batilding elevationssubmitted with CUP I3-002. 2"a ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 13-004 GRAMERCY PRIDE APARTMENTS) FAGS 1 OF 4 2. That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de-annexation of the Owner/Developer, or their assigns, heirs, or successor shall not meet the .conditions of this addendum to the Developznent Agreement, and any new Ordinances of the City of Meridian as herein provided. 3. This 2"a Addendum shall be binding upon and insure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and tl1e1T SUCCeSSOrS in office. This 2114 Addendum sha11 be binding on the Owners/Developer•s of the Property, each subsequent owner and any other person(s) 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 hereon and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this 211a Addendum if City, in its sole and reasonable discretion, had detei7nined that Owner/Developer has fully performed its obligations under this 2"d Addendum. 4. If any provision of this 2"d Addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this 2"d Addendum and the invalidity thereof sha11 not affect any of the other provisions contained heroin. 5. This 2"d Addendum sets forth all promises, inducements, agreements, condition, and ~~ lulderstandingsbecween Owners/Developers and Cityrelativetothe subjectmatterherein, and there are no promises, agreements, conditions or under-standing, 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 second addendum shall be binding upon the parties hereto unless reduced to wz7ting 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. a. Except as herein provided, no condition governing the uses and/or conditions gove~~ling development of the subject Property herein provided for can be modified or amended within the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions pxovided for a zoning designation and/or amendment in force at the time of the proposed amendment. 6. This 2"`~ Addendum sha11 be effective as of the date herein above written. 2"d ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 13-004 GRAMERCY PRIDE APARTMENTS) PAGE 2 OP 4 ACI~t®dVLEDGMEI~tTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. ®W1VEI2lDE~L®PEI~; BLIIVG LI.C BY: Russ Hunemiller CITY I3I+' lO~IEItIDIA,IV aycee olman, City Clerlc ~~ ~EE~L ~~r aP ~ ~! ~b e THE AS~~ 2na ADDENDUM TO DEVET.OPMENT AGREEMENT (MDA 13-004 GRAMERCY PRIDE APARTMENTS) PAGE 3 OF 4 STATE OF IDAHO ) . ss: County of Ada, On this ~ ~ day of , 2013, before me, the undersigned, a Notary Public in and for said State, personally peared Russ Hunemiller known or identified to me to be the of Bling LLC, and acknowledged to me that he executedthe same on behalf of aid Limited Liability Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ..M _~' '.._ f> ~ >} ~' ~~ (SEAL) , `' ~:.;r ,- f ~ ,~ ,~ v ~ ~' ~ z~ .~ ~~ ~ o aty Public fo ~ Idahq °_ ~ ~~-~ ~ p Residing at: {.~- ®~ ~~ ~~ -~,~~ ~ My Commission Ea~ fires: ~ l ~ H®e~.'~ C)F Y~a~e®~ STATE OF IDAHO ) : ss County of Ada ) On this ~ ~ day of ` ~t ,~j ~, , 2013, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. .~ c. I~Tot~iy Public fo~.Tfda R ding at: Commission expires: l~ 2'~ ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 13-004 GRAMERCY PRIDE APARTMENTS) PAGE 4 OF 4 ~xhibi~ A lLtdgal I~escri~tian ~' ~nwL ','G/Y;i~Q' ~ ~t4S~ ~;Y~q'~NF'k14yEP.$f, ~, ( ~ S~~RV~'Y ~ '~.~1« Jsa Mmrfd~~n,'Jd~hc ti3t42 •l4~bpns~d 11~ea~ifxa~~'X'i~a:~oae Cvwdmef'~y ~uUfli~jsfou~ A $Creg) of•f~nd~dddat~tda the VCF~st•l~ of';the Nir,>,~ af'S'eatjon 20, T•aN:, ~.f ~,, ' B:M,,.Merlrli~q, Aai1 ~aµt?lY,,;~~h1}P, ~t'o~ P@Ct1gUIW~'l~li'fouyWBt Ctrz~unen'ciz~~ at• die North ~/•~afi~r,o~s~id;$e,.Gtion ~~;.'&om:w~fch fli®•N'ariheask c'orq'Rk.u~'Ga{d p~tit,n'b'ew;e.NR!th~8'9•°4,6'4,2" ~~, ~Gsbritf3 fget; gheraPe..ajon$'t~'o Wesk '•1JA'e•of~e,Nl3 %o's s~tl' S'eGtiop.20 Sotltb 00°~4''U4'°;VS!est;, f 591•;32 fed@l thence•Sbut'ft• 89°3'$'S,6" T3as~t,,~G1~.04 ~'e~t ko ~e 4#~,'~?~XI~"Q1~~BLr~).tV~G, - '' , '~tie~cP~co'nti~uu?g',~o~th•89°3;S•'~:b" dust, `YS~..1~4',~;~et; ~'ende 99;'7 het a[agp, the aro.a'£,~• ourve.ts;the ~1ght, sp}d Ctuyg 1~aUin~•a~kadj~s of~zg,DO'f~Ct, a delta nnn~l'e pf'90°U'~'QQ''; ~d a 1on~•,~bbr~ ~•R.Rtu!~ So~lh,~4!}°3$,';56''~tt~.t, •35;3b f~ei to C•pA'uit o~l~ilgeaCy,;. 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'S~t~ 1 ~ i~D7 ~Mw~osAss:D~~;i~ , b06X'S~.t?u'zOpe.t~P ~~ ~ s:s ~, ~ .P ~i ian iy urrcil Meet®n T :June 25, 2013 IT a 5 T u A 12-003 ITEM TITLE: Development Agreement for Approval: AZ 12-003 Olson & Bush by Ronald Van Auker Located at 2950 E. Franklin Road Request: Annexation and Zoning a Total of 7.2 Acres of Land to the C-G (1.41 Acres) and I-L (5.78 Acres) Zoning Districts MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: I E_MSTA D TO I AGENCYO I APPL CANT I NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 38 BOISE IDAHO 00!20!13 12;47 PM DEPUTY Dicky Bailey I RECORDED-REQUEST OF ~f~ ( ~I I') (I I ~ II (~I ('ll~ I (I Meridian City i 1.~~3 r i tt ~+ I)EVEL®PIVIEI~T AGREEMENT PARTIES: 1. City of Meridian 2. Ronald W. Van Aulcer, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this ~ ~ ~~ day of ~ ~ v~r~ , 2013, by and the City of Meridian, a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, hereinafter called "City" whose address is 33 East Broadway Avenue, Meridian, Idaho 83642 and Ronald W. Van Auker, whose address is 3084 Lanark Street, Meridian, ID 83642, hereinafter called "®wnerLI~eveloper". 1. RECITALS; 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; I.2 WHEREAS, Idaho Code § 67-6S11A provides that cities may, by ordinance, require or permit as a condition of annexation and re- zoning that the Owner/Developer made a written commitment concerning the use or development of the Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Ordinance 11-SB-3, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, OwnerlDeveloper has submitted an application for annexation and re-zoning of the Property described in Exhibit A, and have requested a designation of C-G (General Retail and Service Commercial District) and I-L (Light Industrial District), (Municipal Code of the City of Mei7dian); and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Plaruiing ~ Zoning Commission and before the Meridian City Council, as to how the Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT-OLSON & $USH (AZ 12-003) PAGE ~ OF ~ 1.6 WHEREAS, record of the proceedings for the xequested annexation and zoning designation of the 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 fiu~ther testimony and camznent; and 1.7 't~IiEI~EAS, City Council, the 2"a day of October, 2012, has approved Findings of Fact and Conclusions of Law, set forth in Exhibit "S ", which are attached hereto and by this reference incorporated herein as if set forth in fia11, hereinafter referred to as (the Findings); and 1.8 '~HER]CAS, the Findings require the Owner/Developer to enter into a development agreement before the City Council takes final action- on annexation and zoning designation; and 1.9 ®i~I~EI2lDEVEI,®PEI2 deem it to be in his best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at his tu•ging and requests; and 1.10 VVIIEItEAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuxing that the Property is developed and the subsequent use of the Property is in accordance with the ter~rzs and conditions of this Agreement, herein being established as a result of evidence received by the. City in the proceedings for zoning designation from governmertt 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 Apzx119, 2011, Resolution No. 11-784, and the Zoning and Development Ordinances codified in Meridian Unified Development Code, Title 11. ICI®'W, TIIEI2EF®R'.E, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INC®R_P®RATI®1®1®F RECITALS; That the above Recitals are contractual and binding and are incorporated herein as if set forth in full. 3. ITSES PERMITTED RY THIS AGREEIVIMT: 3.1 The uses allowed ptu•suant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code. 3.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. DEVELOPMENT AGREEMENT - OLSON & BUSH (AZ 12-003) PAGE 2 OF 8 4. C®NDITI®NS G®~ G DEVEI,®PIVIENT' ®F ]P1Z®P~R.TY: 4.1. Owner/Developer shall develop the Property in accordance with the following special conditions; a. The applicant shall not be required to hook-up the existing home to City water & sewer service until such time as the property redevelops or the system(s) fail. b. Upon redevelopment or a change in use {fiom residential) of the C-G zoned property on the northwest corner of E. Franlin Road & N. Olson Avenue, direct access to E. Franklin Road is prohibited unless otherwise approved by the City and ACRD, in accord with the standards listed in UDC 11-3A-3 Access to Streets. c. Prior to any new use, change in use, or development on the C-G zoned subject property, the applicant shall modify the development agreement to include a conceptual development plan that depicts streets, access points, parking, or location of building(s) as required by UDC 11-SB-3 C.3. d. Future development shall comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. e. Prior to any new use, change in use, or development on the site, the applicant shall subdivide the property. Future lot lines shall follow the zoning boundaries established with the annexation. f. The existing residential use located on the northwest coiner of E. Fxanlclin Road and ( ~ N. Olson Avenue is considered to be anon-conforming use in the C-G zoning district. As such, the use may continue as long as the use remains lawfitl and is not expanded or extended, subject to the provisions listed in UDC 11-1B-4 Nonconforming Use. 5. C®IVIPI~IANCT+; PII+ RI®D/C®NS]ENT T® ~~®NE: This Agreement and the commitments contained hexein shall be terminated, and the zoning designation reversed, upon an uncured material default of the Owners and/or Developers or Owner/Developer' heirs, successors, assigns, to comply with Section 4 entitled "Conditions Governing Development of 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. 6. DD+ I+'ATTd~T/C~NSI+ NT 'I'® DE-ANN]C+ ~A'I'I®N r41~ RCVI+;I2SAL ®~ Z®NING I)E~IGNATI®IeT: 6.1 Acts of Default. Either party's faih~re to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 6.2 Notice and Cure Period. In the event of Owner/Developer' default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to cor7•ect DEVELOPMENT AGREEMENT-OLSON & BUSH (AZ 12-003) PAGE 3 OF 8 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 reasonable diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such faihue shall be extended for such period as necessary to complete the curing of the same with reasonable diligence and continuity, 6.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 6.2, Ownez•s/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 poztion 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 occurz•ed. This Agreement shall be enforceable in the Fouz•th Judicial Distz7ct Court iri Ada County by either City or OwnerlDeveloper, or by any successor oz• successors in title or by the assigns of the patties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agzeements, conditions, and obligations contained herein. 6.4 Delay. In the event the performance of any covenant to be performed hereunder by either Ownez•/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such perfoz7nance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such perfozmance shall be extended by the amount of time of such delay. 6.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights ox remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 7• YNSPECTI®N: Owner/Developex shall, immediately upon completion of any portion or the entirety of said development of the Property as requiz•ed by this Agreement or by City ordinance or policy, notify the City Engineor 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. 8. REQUIRENlEIVT I~'®R RICC®RD.ATI®I~: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owners/Developezs' cost, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the DEVELOPMENT AGREEMENT- OLSON & $USH (AZ 12-003) PnGE 4 or 8 C 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, at City's cost, shall execute and record an appropriate inst!•ument of release of this Agreement. 9. Z®1~tII~Gt City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 10. S~[J]~TY ®F P:~12F®IZI'VIAI~lC1+;: The City may also require surety bonds, iiievocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code §11-5-C, with respect to improvements required by the City. 11. CI;1'~TIFICATE ®F ®CCITPAIVCY: Unless otherwise agreed by the City in writing, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 12. ABII)1+; ~Y AL,I, CITY ®12TDIlVA1~CE~: That Owner/Developex agrees to abide by alI City ordinances. 13. I+I®TICES: 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 Unitod States Mail, registered or certified mail, postage prepaid, ret<un receipt requested, addressed as follows; CITY: City Clerlc City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 OWNER/DEVELOPER Ronald Van Aulcer 3084 Lanark Street Meridian, ID 83642 with copy to: City Attorney City of Meridian 3 3 E. Broadway Avenue Meridian, ID 83642 13.1 A pal•ty shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the regturements of this section. 14. AT'I'®IZNIi;Y T'EE~; Should any litigation be eorrnnenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to count 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, teznunation or forfeiture of this Agreement. DEVELOPMENT AGREEMENT- OLSON & $U5H (A Z 12-003) PAGE S OF 8 15. 'I'II!/IE I~ ®F TIIE E~~EI~TCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely 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. 16. ~I1~I1~G UP®1~1 SITCCE~~®RS: This Agreement shall be binding upon and inure to the benefit of the patties' respective heirs, successors, assigns and pez•sonal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer 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 poztions 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 Owriers/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sale and reasonable discretion, had determined that Owner/Developer have fully performed their obligations under this Agreement. 17. lI~V.~.I.,II) PIS®VISI®1®I: 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 riot affect any of the other provisions contained herein. 18. FINAL AGI2>EEMEI~T: This Agreement sets fozth all promises, inducements, agreements, condition and understandings between Ownez/Developer and City relative to the subject matter hereof, and there ate no promises, agreements, conditions oz• understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the paz•ties hereto unless reduced to wziting and signed by them or theiz• successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance oz• resolution of City. 18.1 No condition governing the uses and/or conditions governing re-zoning of the 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. 19. EFFECTIVE T)ATE ®F AGItEE1VIEIVT: 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 Cleric. ' DEVELOPMEN'I'AGItEEMENT- OLSON & BUSH (AZ 12-003) PAGE G OP 8 ACICAi~ WI,EI) G11~I~T'S IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided, ® VY 1V L' R,~'. r VT YJ®PLdO; ,/~ / r' j ~ ~ -/f ~onald .Van er r ~~1 CITY ®F MIi;RII~IAl~t ATTIi;ST. cep n uc~'~, Mayor'T'~,~,,,,Y. ,aa TXTo~, City of ~?~~IUAPi0 W 1~, ~Q 6x 0~f6e i&E ~5~46 Iman, City Clerk DEVELOPMENT AGREEMENT- OLSON & BUSH (AZ 12-003) PAGE 7 OF 8 STATE OF IDAHO, ) ss County of Ada ) On this ~~'/~~~ day of ~,_.~~~.~i,!~.- , 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared Ronald W. Van Auker known or identified to me to be the person who executed the agreement and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~ ~' "`l ~,'`9 Nofar~ Public fordul~u ~~, R~s'iding at: ~ •_ Commission expires ~~ ~ ~ ` ~'i) `'~_, STATE OF IDAHO ) : ss County of Ada On this c~ ~ day of _ \,~ tJ V`1 ~ , 2013, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. A C$ • 1 ~d tF g _ + ~ FI (SEAL) ~ ~, r,' ~ N tary Public fo daho ~` ~, ~`- ,.~ siding at: ~i~(~.Y G Commission expires: _ ~J a ,,,~._J ,__ ,~~ ~~ ~~ DEVELOPMENT AGREEMENT - OLSON & BUSH (AZ 12-d03) PAGE 8 OF S Exhibit A s ;l ,. 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CI'ANI-12-003; AZ-12-003 For the Ciiy Council hearing Date of; September 18, 2012 (!{'findings on October 2, 2012} A. Findings ofFact 1. Hearing Facts (see attached Staff Repoz•t for the heaz•ing date of September 18, 2012, incorporated by reference) 2. Pz•ocess Facts (see attached Staff Report for the hearing date of September 18, 2012, incorporated by reference) 3. .Application and Property Facts (see attached Staff Report for the hearing date of September 18, 2012, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of September 18, 2012, incorporated by z•eference} B. Conclusions of Law 1. The City of Meridian shall exercise the powers confezTed upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §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 lvlaps. 3. The conditions shall be reviewable by the City Council pursuantto Meridian City Code § 11-SA. 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 wil[ 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). CPAIv1-12-003; AZ-12-003 ol. 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 sejved by the Clerlc 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 fox the hearing date of September 1S, 2012, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval ofthe application. C. Decision and Order Pursuantto the City Council's authority as provided in Meridian City Code § 11-SA 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 Comprehensive Plan future land use map is hereby approved per the attached staff report for the hearing date of September 18, 2012, attached as Exhibit A. The applicant's request for annexation and zoning of 1.41 acres of land to the C-G zoning district and 5.78 acres of Land to the I-L zoning district is approved with the requirement of a development agreement per the attached staff report for the hearing date of September 18, 2012. D. Notice of Applicable Tune Limits Notice of Two (2) Year• Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within two (2) years of the City Council g!•anting annexation and/or rezone (LTDC 11-SB-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 far the agreement to be signed and retw7ied to the City if filed prior to the end of the two (2} year approval period (UDC 11-5B-3F}. E. Notice of Final Action and Right to Regulatozy Takings Analysis 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 Clerlc 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 talcs notice that this is a final action of the govel~aing 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 far the hearing date of September 18, 2012 CITY OF MERIDIAN FINDINGS OF PACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S), CFAM-12-003; AZ-12-003 _ 2 .. i ~J VW` By action of the City Council at its regular meeting held on the // day of ~ , 2012. COUNCIL PRESIDENT BRAD HOAGLUN COUNCIL VICE PRESIDENT CHARLIE ROUNTREE COUNCIL MEMBER DAVID ZAREMBA COUNCIL, MEMBER KEITH B1RD MAYOR TAMMY de WEERD (TIE BREAKER) Attest: de Weerd [BDAU L rj r,, c~tyof VOTED VOTED~j~J VOTED VOTED_~ VOTED ~~ / ® i. ~ ~ IpAHO Jaycee H an, City Cletlc ~~ SEAL ,w'` ti a r~R'~t3e TRE~S~P~ ~ Copy served upon Applicant, The Planning Department; Public Works Department and City Attorney, B ~ Dated: ~ O ~ 3 .~ ~,tal ~. Ci Cle 1 Elite CITI' OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S), CPAM-12-003; AZ-12-003 -3- I';~IiIBI'T A STAFF REPORT HEARING DATE: September 18, 2012 TO: Mayor & City Council FROM; Sonya Wafters, Associate City Planner 208-884-5533 SUBJECT: CPAM~12-003; AZ-12-003 --Olson & Bush I. SUMMA1t.Y DESCRIPTION OIL' AT'PI,ICANT'S RIIQUICST ~~ NANO The applicant, Ronald W. Van Aulcer, has applied for an amendment to the comprehensive plan future land use map (CPAM) to change the land use designation on 5.66+/- acres of land from Commercial to Industrial, Annexation and zoning (AZ) of a total of 7.2 acres of land to the C-G (General Retail and Service Commercial) zoning district (1.41 acres) and the T-I, (Light Industrial) zoning district (5,78 acres) is also proposed, conslstent with the existing and proposed future land use map (FLUM) designations of Commercial and Industrial. II, SIJ~IVIIVIARY RECOMMENDA'T'ION Staff recommends approval of the proposed CPAM and AZ applications based on the Findings of Fact and Conclusions of Law in Exhibit D of the Staff Report. 7.'he Meridian Planning ~ Zonin Commission heaa•d these items on August 16, 2012. At the uublic hearing; the Commission moved to a•ecornmend aynroyal of the subject CPAM and AZ requests. a. Summary of Commission Public Heaa•ing: f. In favor :Ron Van Aiiker Jr. ii. In opposition: None iii. Commenting: None iv. '~1Vritteu testimony: Brad Miller v. Staff presenting annlication: So~iya Wafters vi. Other staff commeutin~; on apulication: None h. Keylssue(s) of)Discussiou by Commission: i. The timing foa• the existing home to hoolcun to Cit~yatea• & sewex• service. c. I~ey Commission Chan e(~) to Staff Recommendation: i. The Commission reeom~nends the existing home trot be required to lioolc-up to City water ~ sewer service until such time as the>>~et•ty re-develops or the system) fails (see ExltiGit B, beyeloUntent.A~reet~rent provision #I.I.Ia). d. Outstanding Issue(s) for City Council: i. The timing for the exis, n4J,~home to lioolc up to City water & sewer service. ~ nmtnarv of City Council 1'ithlie Hearing• to In favor :Brad Miller ~L In opposition: None iii Commenting: None jy. Written testimony: None Olson & Bush CPAM-12-003; AZ-12-003 PAGE 1 E 13IT A ~ ~taff nresentine~ application: Sonya V~atters y1, ®theL,4t~ff,commentiJlp on ~lication:l~Ione ~ Issxies_o Discussion ~y ouncii: L i~ ~, I~ev Comtcii Changes to Commission I2ecommendatiop _ .d. None IIYi. PR®POSED IVI®TIrON Approval After considering all staff, applicant and public testimony, I move to approve File Numbers CPAM- 12.003 and AZ-12-003 as presented in the staff report for the hearing date of September 18, 2012, with the following modifications: (Add any proposed modifications.} Denial After considering all staff, applicant and public testimony, I move to deny File Numbers CPAM-12- 003 and AZ-12-003, as presented during the hearing on September 1$, 2012, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Numbers CPAM 12-003 and AZ-12-003 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLxCATI®)°I AMID PR®I'I•aRTY rACTS A. Site Address/Location; The subject property is located at 2950 E. Franldin Road, in the southeast 1/a of Section 8, Township 3 North, Range 1 East, B. Applicant: Ronald W. Van Attker 3084 Lanark Street Meridian, Idaho 83642 C. Owner; Same as applicant D. Representative; Matt Munger, Munger Engineering, Inc. 4090 ~V. State Street, Ste. 29 Boise, Idaho 83703 E. Applicant's Statement/Justification; Please see applicant's narrative for this information. 'V: I'ItOCESS 1CACTS A. The subject application is fox a comprehensive plan map amendment and annexation & zoning request. 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; July 30, and August 13, 2012 (Commission); August 27, and September 10, 2012 (Council) C. Radius notices mailed to properties within 300 feet on; July 25, 2012 (Commission); August 23, Olson & Bush CPAM-12-003; AZ-12.003 PAGE 2 2012 (Council) D. Applicant posted notice on site by: August 6, 2012 (Commission); August 3 0, 2012 (Council) VI. LAIC USE A. Existing Land Use(s): There is an existing home on the portion of the site that fronts on Franklin Road; the remainder of site to the north consists of vacant land and outdoor storage from the two industrial lots that front on Lanark Sheet. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Industrial property in Olson & Bush Subdivision No. 2, zoned I-L South: Franklin Road and rural residential & commercial properties, zoned RUT, Rl, Ml, & C2 in Ada County East: Industrial & commercial property owned by the applicant, zoned I-L & C-G West: Vacant land, zoned Rl in Ada County C. History of Previous Actions: NA D. Utilities; a. Location of sewer: Located in N Olson Ave. b, Location of water: Located in N Orson Ave. c. Issues or conceams: None E, Physical Features: 1, Canals/Ditches Irrigation: There are no waterways that exist on this site, 2. ~Iazards: Staff is not aware of any hazards that exist on this site, 3. Flood Plain: This property does not lie within the floodplain or flood way. VI][. C®IVlPR>CiYENS1iVE PLAN/ANAY~YSIS CITY OE MERIDIAN COMPREI3ENSIVE PLAN POLICIES AND GOALS: EXISTING: The Future Land Use Map (PLUM) contained in the Comprehensive Plan currently designates the entire site (7,19 acres) as Commercial. See ExhibitA,3. The Commercial designation provides for a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices. PROPOSED: The applicant proposes to change the 1?LUM designation on the northern 5,?II acres of the site from Commercial to Industrial. The designation on the remaining 1.41 acre portion ofthe site that fronts on Franklin Road is proposed to remain Commerciah See ExhzbitA.3: The Industrial designation allows a range of industrial uses to support indushial and commercial activities and to develop areas with sufficient urban services. Light industrial uses may include warehouses, storage units, light manufacturing, and incidental retail and offzce uses, Heavy indush'ial 4 Olson & Bush CPAM-12003; AZ-t2-003 PAGE 3 E~ItI~IT A uses may include processing, manufacturing, warehouses, storage units, and indush•ial support activities. The applicant's nat7ative states that once the site is annexed and zoned, they intend to re-plat the portion of Olson & Bush Subdivision No. 2 that is directly to the north of the site to create longer industrial lots that front on Lanark and extend all the way to the south line of the land proposed to be zoned I-L. The property proposed to be zoned C-G on the corner of Fxanlclin Road & N, Olson Avenue will be included in the plat as a separate lot. (See the concept plan to Exhibit A,2) Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics); ® "Require that development projects have planned for the provision of all public services." When the City established its Area of City brtpact, it planned to provide Cary services to the subjectproperty. The City ofMeridtan plans to provide municipal services to the subjectproperty in the following manner; 9 Sanitary sewer and water service is available to the property. The lands are capable of being serviced by the Meridian Fire Department (MFD), The lands are capable of being serviced by the Meridian Police Department (MPD), ~ The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Xlighway District (ACHD). This servtee will not change. ~ The subject lands are currently serviced by the Mer•tdtan School Disir•ict #2. This service will not change. The subject lands pre currently serviced by the Meridian Libr•at~r District. This service will not change, r Mzmicipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Worlrs Department, the Meridian Water Department, the Meridian Wastewater Depar7tent the Met•tdian PZanntng Department, Meridian Utility Billing Services, and Sanitary Set•viees Company. m "Require landscape street buffers for new development along all entryway corridors." Upon development of the property, a 35 foot t-vide landscape bt~er will be required along E, Franklin Road, an entryway corridor; and a 10 foot wide landscape buffer will be required along N. Olson Avenue, a local street, landscaped in accord with the standards listed in UDC .l.l-3B-7C Landscape Buffets alongStr•eets, ® "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." The subject property is contiguous to the City and urban services cart be provided at the time of development. ® "Locate hndustrial and commercial uses where adequate water supply and water pressure are available for fne protection." There is adequate water supply and water pressure available to the subject property for fire protection. "Require all commercial and industrial businesses to install and maintain landscaping." With development of the proper•ry, all businesses will be regtrired to install landscaping within parking lots in accord with the standards Itsted in UDC .11-3B-8C Parking Lot Landscaping. Street buffer landscaping is also required per UDC Table Il-2B-3 and 11-2C-3 in accord with the standards listed in UDC IX-3B-7C. If development is adjacent to a residential use, a Olson & Bush CPAM-12.003; AZ-12.003 PAGE A E~~T .tl landscape buffer will be requited per UDC Table 11-28-3 and 11-2C-3 itz accord with the standards listed in UDC 11-3B-9CLandscape Buffers toAdjoining Uses. ® "Encourage industrial development to locate adjacent to existing industrial uses." The site is adjacent to existing partially developed industrial propet•ty to the north. Approval of the subject applications will allow the applicant to incorporate the property into the existing industrial lots to the north in Olson c~C Bush Subdivision No, 2. ~ "Require screening and landscape buffers on all development requests that are more intense than adj acent residential properties." There are four existing rural residential pr~opertles to the south of the property proposed to be zoned X-L, one of which is also on the west side of the property proposed to be zoned C-G. These properties are currently within Ada County and are designated on the FLUM as Comtner~cial. The UDC (Tables 11-2B-3 & 11-.2C-3) requires C-G and I-L zoned properties to provide a 25- foot wide landscape buffer to residential uses la»dscaped in accord with the standards listed in UDC 11-3B-9C. Xn summary, ,Staff is of the opinion the proposed industrial FLUMdesignation is appropriate for' the northern portion of the property and provides a logical juxtaposition of uses in this area, STATE REQUIRED COMPREHENSIVE PLAN ANALYSIS Idaho's counties and pities are required by law, Idaho Code 67.6508, to prepare, implement, review, and update a comprehensive plan, which outlines goals and policies for land use, h'ourteen elements which mast be addressed in the plan are listed in the Code. It is the detailed ordinances that then spell out how these policies are to be achieved. The order in which the following policies are presented implies no order or priority a. Community Design The purpose of this element is to ensure a pattern of planned growth resulting in orderly and attractive developments within the City of Meridian. The intended use of this property is commercial and industrial although no specific development is proposed with this application. To promote quality design, future development will be required to comply with the City's design standards contained in the UDC and the guidelines contained in the Meridian Design Manual. b. Population The City of Meridian must ensure that population growth is accommodated in an orderly patter. Residential and commercial developments must be easily served by City infrastructure and public services. Necessary services are cur~t•ently available to the subject site and should still be available upon development of the site. c. Housing The City of Meridian is charged with ensuring an adequate and attractive living environment which meets the needs of City residents of different ages, family sizes, lifestyles, and income levels. To accomplish this, the plan ident~es areas appropriate for xesidential development and areas not appropriate. No residential uses are proposed with this application. d. Economic Development Meridian's economic base has been gradually shifting over the last 20 years from afarming-based economy to a retail, service, and manufacturing-based economy. During this time, local policy with regard to the types of lands needed to support the economic and employment needs of the Olson & Bush CPAM-I2-003; Az-I2-003 PAGE 5 ~XIiCI13IT A community has also changed. The Comprehensive Plan forecasts the need to continually adjust the provision of commercial lands in order to gradually broaden economic opportunity throughout the City. , The subject property is currently identified as appropriate for commercial uses. However, Staff is of the opinion the applicant's proposal for industrial uses on the northern portion of the site adjoining existing industrial property and commercial use of the portion of the site fronting on Franklin Road is more appropriate because of the layout of the property and adjacent industrial uses. e. Public Services, Facilities, and Utilities City water and sewer service has been provided to the subject property, Because this property is already within the City limits, public services such as police and fire protection aze currently provided to this property. f. School Facilities and Student Transportation The purpose of this element is to direct new residential development to areas with adequate school facilities and student transpoztation.Because no residential uses are proposed, this element is rat applicable to this application, g. Transportation The purpose of this element is to promote an efficient and safe transportation system within the City. Because the existing plan for the site is Commercial, Staff is of the opinion the proposed FLUM amendment to Industrial would not negatively impact transportation within the City of Meridian in this area if approved since access to the site is served by Franklin Road, a principal arterial street. h. Natural Resources The purpose of this element is to promote conservation of areas of natural significance, where appropriate, Staff is not aware of any natural resources that exist on this site that would be impacted by the proposed development. i. Special Areas ' The subject amendment does not directly impact any lands designated for open space, natural resources, or scenic areas, nor does the paz•eel contain any ]crown significant or sensitive natural resources, ' j, Hazardous Areas The purpose of this element is to ensure regulation of development in hazardous areas, such as floodplains, unstable slopes, etc, Staff is unaware of any hazardous areas on this site. Ic. Recreation Recreation resources within Meridian include 18 City parks totaling approximately Zd2 acres. The City is in the process of developing new park facilities. The City also maintains several pathways, This site is not formally designated for recreational purposes. 1. Land Use The Comprehensive Plan Future Land Use Map is a graphic representation of applicable policies and goals of Meridian's Comprehensive Plan, The Map has been prepared to identify suitable az•eas for future residential, commercial, and industrial development, The Map is designed to be a projection of growth patterns fox the City, Therefore, the Map is to be used as a garde foz• decisions regarding request for land use changes. Olson & Bush CPAM-12-003; AL-12-003 PAGE 6 E~)(~IBIT A Staff is of the opinion the proposed industrial and commercial use of the site is consistent with the proposed future land use designation of Industrial and the existing designation of Commercial. m. Implementation The City provides the necessary staff and facilities to administer and enforce the policies and goals of the Comprehensive Plan. The City of Meridian Planning Department will administer the Comprehensive Plan and its policies through the Unified Development Code. The Planning & Zoning Commission is also authorized by the Council to review, approve and make recommendations on proposals affecting the public's interest in land use. The City Council is the ultimate decision malting authority on most land use applications. n. Property Rights The purpose of this element is to ensure that the land use policies, restrictions, conditions, and fees do not unaonstitutionally violate private property riglrts, and establish a consistent review process that enable the City to ensure that any proposed actions will not result in an unconstitutional taking of private property without due process of law. Staff believes that the requested Comprehensive Plan Land Use Map change would not unconstitutionally violate private property rights. A neighborhood meeting was held on June 11, 2012 of which one person attended, ~IlI7. U1~tI1FI~D DEVBL®PIVI1i;ri1T C®lJ)C A. Purpose Statement of Zone: The purpose of the commercial disticts is to provide for the retail and service needs of the community in accordance with the Meridian comprehensive plan. Six (d) districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. The purpose of the I-L (Light Tndushial) district is to provide for convonient employment centers of light manufacturing, research and development, warehousing, and distributing, Irr accord with the Meridian comprehensive plan, the I L district is untended to encourage the development of industrial uses that are clean, quiet and free of haza4rdous or objectionable elements and that are operated, entirely, or almost entirely, within eneIosed structures. Accessibility to transportation systems is a requirement of this disi~•ict. B. Schedule of Use: Unified Development Code (UDC) 11-2B-2 and 11-2C-21ists the permitted, accessory, conditional, and prohibited uses in the C-G and 1_I, zoning districts respectively. No specific uses are proposed at this time, C, Dimensional Standards; The dimensional standards listed in UDC Table 11-2B-3 for the C-G zoning district and UDC Table 11-2C-3 for the I-L zoning district applies to developm®nt ofthis site. Lam, .~1vALxsrs A. Analysis of Facts Leading to Staff Recommendation: COMPREHENSIVE PLAN MAP AMENDMENT (CPAM); The applicant proposes to amend the future land use map (PLUM) contained in the Comprehensive Plan to change the land use designation on 5.66 acres of land fi•om Commercial to Indushxal. Olson & Bush CPAM-12-003; AZ-12-003 PAGE 7 ~XI~BIT A The applicant plans to re-plat the portion of Olsen & Bush Subdivision No. 2 that lies to the north of this site to include the subject property creating longer light industrial lots that front on Lanark Sta•eet and extend all the way to the south boundary of the proposed Industrial designated area. The portion of the site that fi•onts on Franklin Road is proposed to be Commercial (see Exhibit A,2), See Section VII above for more infoNtnation. ANNEXATION & ZONING (AZ); The applicant proposes to annex and zone a total of 7.2 acres of land with a GG (General Retail & Service Commercial) zoning district (1,41 acres) and I-L (Light Indush7al) zoning district (5.78 acres), consistent with the existing PLUM designation of Commercial and the proposed FLUM designation of Industrial for this site, The legal description submitted with the application (included in Exhibit C) shows the boundaries of the property proposed to be annexed. The applicant has submitted a conceptual plan included in Exhibit A.2 that depicts how the property is intended to be subdivided in the future. The plan does not depict sheets, access points, parking, or location of building(s) as required by UDC 11-SB-3 C.3, At this time, the applicant has stated they do not have a development plan fox the future lots that will front on Franklin & Olson; the remainder of the property proposed to be zoned I-L is planned to be included in the industrial lots to the north. UDC 11-SB-3D2 and Idaho Code § 65-671 IA authorizes the City to requu•e a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. In this instance, staff is of the opinion a DA is necessary to ensure the property develops in a manner consistent with the UDC, the Comprehensive Plan, and the design guidelines contained in the City of Meridian Design Manual, The development agreement shall be signed by the property owner and returned to the City within iwo years of the City Council granting annexation. Staffrecommends the following provisions be included in the DA; ® Within 60 days of the date of the annexation ordinance approval by City Council, the applicant is required to hool~ up the existing home to City water and sewer service, per MCC 9-1-4A. ® Upon redevelopment or a change in use (from residential) of the C-G zoned property on the northwest corner of E, Franlin Road & N. Olson Avenue, direct access to E. Franklin Road is prohibited unless otherwise approved by the City and AGIID, in accord with the standards listed in UDC 11-3A-3 Access to Streets, ® Prior to any new use, change in use, or development on the C-G zoned property, the applicant shall modify the development agreement to include a conceptual development plan that depicts sheets, access points, parking, or Iocation of building(s) as required by UDC 11-SB-3C.3. ® Future development shall comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual, Prior to any new use, change in use, or development on the site, the applicant shall subdivide the property, Future lot lines shall follow the zoning boundaries established with the annexation, ® The existing residential use located on the corner ofE, Fr•anldin Road and N, Olson Avenue is considered to be a non-conforming use in the C-G zoning district, As such, the use may continue as long as the use remains lawful and is not expanded or extended, subject to the provisions listed in UDC 11-1B-4 Nonconforming Use, Olson & Dush CPAM-12-003; AZ-12-003 PAGE II E ~)<T A Staff recotrttnends approval of the subject applications with the DA provisions listed above and zn ExhibitA. X. EXHIBITS A. Drawings 1. Vicinity Map 2. Concept Plan 3 , Adopted & Proposed Future Land Use Map B. Agency Comments/Conditions of Approval l . Planning Department 2. Public Works Depai•tznent 3, Fire Department A. Police Department 5, Sanitary Sewice Company 6, Ada County Highway District 7. Parks Deparhnent C, Legal Description and Exhibit Map for Proposed Annexation & Zoning D. Required Findings from UniEed Development Code Olson & Bush CPAM-12-003; AZ-12.003 PAGE 9 EXHIBIT A ~xlzibit A>1: Vicinity liZap 01son & Bush CPAM-12.003; AZ-12-003 PAGE 70 J t E~II~I'T' .P~ iuxhibit.A.Z; Concept.Plan 4 W ti !, e 0. z J /~l/T d o' O vatl rhaa I) f L ~~ PR~crMrnrAavcatrc~PrpcArv VA1VAfJK~f3 AIVRI~Xi4TI®IV AN®~®1V~' UNION PACIFIC RALLROgO LOCA~DiN1}fF.SE1/4dP'6EC770NgT3N,R,l~E,B,M„ 'K y'~I ADACOUI~TYi rpANO I / EVMAt ORAL l 'ZQ ~Z `_____i -.~.._...._4 j ~ ____..~..._'_..__..~_____...._.,____-.__~.._..._ OLSON k BUSH ' ~~ ~' ~ Q~ (?J (~ `~~ INDUSTRIAL PAR{; i1 Btocx ~ 0450N Ecj USN SUBDIVISION // 2 _ SOME 1' ®10 D450N «BUSH SUt3 tVIS10N /~ 2 LI ~.. (~) ~ 1 BLOC 3 © ~ IN4DVSTRIAB PARI< 1 ~ ~ ~ 4 I . L4LOC/~ P ~ 1 I v~ _ ~ _ UN P4A TIED ~ '~ ^- ~ 1 J k z ,, ., ,~ ~,~",_,_ _`_ _`^N FRAMK /K !70. 1 .. r ~f~sl~~~rfr~ LE091$ rode wdt era uuuan .-~-.._..--._..-.p,. Ma~jY eaeanY Urt rpxo f/1'11w h~ hu N11) ...-.`. .. .. _ «._s attul uK nx rc hiii ieA1 w!a!r ter aK l ~~ _.___..,~ ............... tatVpTMIAttD A(f/1'iiC Rol RH YM O FW IA CN. RI Ill l ryggr 101HK.tA C+1NIA)!D M41 Mpq RPIi'aI•yAT lilt eu+xu¢ ~ ~ fraaao raea acx raxrK atprnla /-~ rmna ilnao lm`ttnY nanl vr,.ueso diin6 for wzwi Olson a& Bush CPAM-12-003; AZ-12-003 PAGE 1 ] EXkII~I~' A 3. Adopted & Proposed Future Land Use Map ~a®~~~d ~~~a ~~~~ 4,: "r°'~'( ;7 _ ti;"'-iri; ;t:.~ ?n' ~i. .`.j ~: ~,tt .-:j ^~t~; Flj+-., ~ ~ 1 ti it t q ~ ~`. .:'~~;'~~,'..~. 1 t. ~ t7 ~_~ 4 ~ ;Area ®f change .':_ ~ F ~~ s ~' f ~~ )r 'S:-;,^~y`•:'.=- t ss r L~ 4tt t 5 F s } t t4 ht ~'`t..«4,; # i r Iii k -r ~6i <~. ~ s ~" ~ .. ~ 9 j ki i ~ I L~ 'El _i C1 i__ t ,ri ly i ~ I- ~~ ~ _: l ~~i ` .,~ ~ J) ~ !i j _ r -~ ~~~ ~~~~~ ,; ( i - ~ ~~ - ~ ~~ ~, i t rit t t tt '~ a r - i V - } -rat 1 + ~ °} - r i - i F{ 5 ~ f 2-~3 v ~ t ~ it ~i_._. t~ .~-..~~ .~ ."i -,.....~~.. ~ .~.... ,.. . ..ii ~. .. 4..,.. ,..-.L ', r. ,.`~F: ,~. _~r~a..._,~~., ~ _~., l.at9d 1~~~5 ~'~~ 4I ~ ~ ` ' Area Of Change :='- 1 ~'' ~ ~ 4~ t 5 ~ i s ~~ 7} r. ~~ ~ tit t r1 t ". 7 t7 ,fit 4 'y -c )Y-3 ~ 4~ ~ t. >~ ~ ~ i k ~- i ~h ~ s r t~ t r' ~ 3 s. J ~'Fk ~.- ~ _ s ; 1t 5 C 5 a 1 j . t t h r t i ty ~ I- } ~ y ~ i t ~ a" l ~:'. I ry P ~ t~ 7 t~~ 1 ~ r ~A S I ~ fr.: + r ~trl{d~lsiYinl ~ i ~ 27-! { >,1 - r j 7.. t ? - i ' .r ~t j ~ ~ t ~ 1tit ry F ~~~~~ ~ ti~ 7 r ~~ ~'~ E i IJ I ~ - ~~ . ~ .... - :-~ ~ranlclln~noad ~ ~ :. ~ ~ . . ~. Olson & Bush CPAM-12.003; AZ-12.003 PAG); I2 EXHIBIT .A. Exhibit A,1: Vici~:ity Map I + ~~ t~ ~ Commercial5treet ~~ ~, .. ..---.. I -Com etCi 1..000t _.__.J.~E-Gomtherei~IStre~t--_~ ~" :._._,__,___„1..... :_.~. •_ ... _ .f-._ -:_ ~ ..__._ ...-... ... ~__~.~..__. _. _.__ ..-_.. .._ r __ ....__ ~._...~..._-_._--._. -- I .-. . '~--._-..._E-kanariF.. reef:.-~.______- .._. '~~ a .. c `t _.T_.._.'.~..~_.~. l` I11'I11~ Olson & Bush CPAM-]2-003; A7-12-003 ~+ XI~I)3X'Y' A J"xhablt A.2; Concept Plan PRELIM/NARVCONOEPTPLAN ~~. pr ~~~~~~~~~~~~~~~®~~~~~®I~~ 1 I I UNIDN PAQI FIC RAILRORD N LOCATED PJ THE SB f/4 OF8ECT10N 8, T 3N., W, fE, D.M., 1 I ~ ADACOUNTV,1tlAH0 . fYANSPAApO 2012 _____ I ~ __~ -- -_______ ~__-_ -.^^`^ ~ j j V1 ' t 1 Q~ NDU T AL R (D, 7 ;e) ~', S I RI PA K 0 I ~ 1 iiyI BLOCK j 4 j oLSON de yUSH SUBDIVISION // 2 ~ 4 J i YI'j-'-~-~ - •-- __ ._ ~_.L~(M.9 --5-?' SCJJ.E I° a.10 ~ _ «.. J I I D ~) ~~ ' ~ ; OLSON BUSH Sue IV7510N /¢ 2 i]) 1 C,) ~ L ~, _ / iPUT ~ I 6LOC J © OL50N 1c BUSH ~ ~ INDUSTRIAI. PARK ~ ~ o o. o o ~_ ` y BLOC/(1 ~ 7 ~,~ 4 ~~ .,--~:. I- BUT W /-L ~° , ~ ` ww~.____ ~~„ ~ ~ I ..... U N P LA 77E0 ~~~~ ~ __ _~ J _~ _~_ ( ~~~ ~ 1 Z CG ~ ~~ ~ ~` A cur ~ , c c O ' ` '~ , , , , Ib :~____ ^~~ __ _N. FRANK IN RA 1 _ I , t.Y ^ 7 1 K '6 itBlIl IVAO MA11WLqumtl ..~ ............`...,~. HM/Att IDULtUY UiI Q fO.iA L/G'fty. ,H (RD 7171) .... -~.~.. ~~ y;~ltK a RA1M L/!~ Rl IgttlDl •'- LWtLP71D71J( •_•'--• ••~••--..•..• IlJ(wltU /AC 6 •RA{nO~W.'Mf It~IIPM ~ ID ~„'/ IvDC,t lOt ltlgll LNANI.)fL MYf &Y!AA~L Iu1fN7 P,:ifFK-9AY IItl I L MRORD 77MW R70[I NLK 7CN7 d D[DktlID ~ L I»sIe(A KAIu 7(~yyQ)~dDYI ~ Y¢t~aY.WCAINMt4W [M{~N4101 F44°n1 ti Olson /4c Bush CPAM-12-003; AZ-12-003 PAGE 11 EXHIBIT A 3, Adopted & Proposed Futnre Land Use Map ~id~MS~~f~ ~..~i1~ ~~~~ ~ --anark Street ~` - . . . ~ r, 5 r ti '~~ ~4r~a 9~C{l~ltge'``' y' # an,;' zj7~ - ~ . r ~. 4 A _ 1 t 3:, Y. ,i a'sa i ~:"r.:$.'; ~ 2'. ~I ~. .~•Yi;ix.' .J fi::, _ :.S'.' Wit::-~'c-F 'l~')\ }~~ s ~~~ 1 .-i tl _ tr t -. f~ ~ l _ i *~:.5 ~ Y.t $~; 1 ii? .~~ a : ~~f.. ~~ ~ ~. i I !_~ ss :t t 1 is rtl ~¢ ~~ ~ F ,.~~' ~ i ~ ~, ~~~~1 a f ' -~. ~ ; . 1 _,~ ~-~~ Jt Y. x~t~ Y ~} ~ >~~ 4J i ~ `'1 ; 7F l~f k~ '~y ~ `' r h j t ~ttt ?; h 1\ ' fi \ } j 1 h~ t ~ ~t Y t t Fl 1 It 1 1 -.} i ~ ~ ~ ~ ~3 ~~ _ ~ - ~ " F ~ ~ t z.J 1 }~ t 3 t i y 1 L !l k k r~i~,+#t, jnj~S. w 4J.... ,+Y Pf'~~90S~C1 ~~ild 6Ju~~ ~~'~! it ~. $ ! ` ' ~ i ,4rea Gf Change ; i+ r ~ t; to r~ '' ,r yin ~ ~ 3 ! ; 1 ~ i } i t - i ' ~ ~ t ~ s I . ~. p i t -} s r t' 1 K t~. ~ ,. 4 J '4 ~ ~ { 1 ~ a j 1 `~' ^re ' I} ,~ y k ' i 1~)dr(s/rtnl' t tl ~~.., a.l ;1 ~. - "- r a i - ~ i 1 ' ~ le ~`rankiin Road . ' 7 tt }I I I t L~r 4 _r'1t ~ 1 1~ a rl j~; ~ a j i.u S{}, ll 1. SZ ! lr ! < t t ~ ~ 1 f , .'2 ~411'i L l~ ,Y. R ~ ,~a~ '~ ~ } -~y~t °• ~h L -P~Ie jt r\ s r t> " i 7 4~.s} > 1 . } t tfr~ ~' ~N ~ ~ ~ 1 ' ~ k Vi ~ a { n fi 4 t 1 ~ ~ ~ ~ . • ~ ~ • ~ ~ ~ i.' Y..t , i'1. 1.:. 1r- t., I ,I..~ 1 . - r C } ~ ~s'N .a t r s~ .: / ?~ Olson 8c Bush CPAM-12-003; A7-12003 PAGFs 12 - __ -- - - - g_ ~ - r EXIEIIBIT A )e, Ageney Comments On June 11, 2011, Planning Staff held an agency comments meeting. The agencies and departments • present include; Meridian Fire Department and Meridian Public Works Department. Staff has included all comments and recommended actions in the attached Exhibit B. 1. PLANNING DEPARTMENT 1.1 ANNEXATION & ZONING 1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. The Applicant shall contact the City Attorney's Office to initiate this process. The DA shall be signed by the property owner and returned to the city within two (2) years of the City Council granting annexation. Currently, a fee of $303.00 shall be paid by the applicant to the City Attorney's office prior to commencement of the DA. The DA shall, at minimum, incorporate the following provisions; '~ y "" ~ > ~xT;+r,;,, ~n ,a„ cl' .lic ~'utc cf tl:° ......: ~ic : ,,,.Ntu., ASP .~lieR;x~s-rogttired-te-lasel,, ,.,,~,o ~ ;~F:,,,.~, A er• A~rr~~•,T n~nr• The applicant shall not be 1•equired to hook-up the existing home to City water & sewer service until such time as the property redevelops or the system sl fail. b. Upon xedevelopment or a change in use (from residential) ofthe C-G zoned property on ' the northwest corner of E. Franklin Road & N. Olson Avenue, direct access to E, Franklin Road is prohibited unless otherwise approved by the City and ACRD, in accord with the standards listed in UDC 11-3A-3 Access to Streets. a Prior to any new use, change in use, or development on the C-G zoned subject property, the applicant shall modify the development agreement to include a conceptual development plan that depicts streets, access points, paildng, or location of building(s) as required by UDC 11-5B-3C.3. d. Future development shall comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. e. Prior to any new use, change in use, or development on the site, the applicant shall subdivide the property. Futtu•e lot lines shall follow the zoning boundaries established with the annexation. The existing residential use located on the northwest comer of E. Fxanklin Road and N. Olson Avenue is considered to be anon-conforming use in the C-G zoning district. As such, the use may continue as long as the use remains lawful and is not expanded or extended, subject to the provisions listed in UDC 11-1B-4 Nonconfo~7ning Use. 2. PUBLIC W®R1KS DEPAItTriIENT 2.1 Sanitary sewer service to this development is located in N Olson Ave. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Worlcs Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is loss than three feet than alternate mateztials shall be used in conformance of City of Meridian Public Works Departments Standard Spewcations, Olson & Bush CPAM,12-003; AZ-12-003 PAGE 13 E BIT A 2.2 Watex service to this site is located in N Olson Ave, The applicant shall be responsible to install water mains to and through this development, coordinate main size and xouting with Public Worlcs• 2.5 The City of Meridian requires that pxessurized irrigation systems be supplied by ayear-xound source of water (MCC 12-13-$.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary wafer system shall be required. 2.9 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. 3. I+'I[R1C DI;PARTMEIVT 3.1 The Fire Department has no comments on this application. 4. POJLICI'; DEPARTMENT. 4.1 The Police Department has no comments on this application, 5. SANITARX S)1;R`VICIJS S.l SSC has no comments related to this application, 6, PARKS DEPARTMDNT 6.1 The Parlcs Departments has no comments on this application, 7. ADA COUNTI'&IIGHVdA~ZDISTRICT 7.1 Site Specific Conditions of Approval; Thls application is for a rezone only. Listed below are some of the site specific conditions of approval that the District may require when It reviews a future development applicatlon• The Disb~lct may add additional site specific requlf•ements tivhen it reviews a specific redevelopment application, 7.1,1 Construct a S-foot wide concrete sidewalk abutting the site along Olson Avenue abutting the site. If the sidewalk is detached and located outside of the existing right-of--way, then a permanent right-of way should be pxovided• 7.1.2 Close the existing 40-foot driveway onto Franklin Road and replace with vertical curb, gutter, and 5-foot wide attaohed sidewallc to match existing conditions, 7.1.3 District staff will review any proposed driveways onto Olson Avenue with future development applications. The applicant shall be required to meet all District policies in effect at the time. 7.1.4 Direct lot access to Franlin Road is prohibited, 7.1.5 Payment of impacts are due prior to issuance of a building pei7nit. 7.1.6 Comply with all Standard Conditions of Approval. Olson & Bush CPAM-12-003; .AZ-12-003 P.A.G)a 14 E%I~)«IT A 7.2 3taudard Conditions of Approval: 7.2.1 Any existing irrigation facilities shall be relocated outside of the ACRD right-of--way. 7.2.2 Private sewer or water systems are prohibited fi•om being located within the ACRD z•ight-of-way. 7.2,3 In accordance with District policy, 7203.6, the applicant may be requiu•ed 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 pz•ovide doctienentation of ADA compliance to District ]Development Review staff for review. 7.2.4 Replace any existing damaged curb, gutter and sidewallc and any that maybe damaged during the construction of the proposed development. Contact Consh•uction Services at 3 87-6280 {with file number) for details. 7.2.5 A license agreement and compliance with the District's Tz•ee Planter policy is required for all landscaping proposed within ACRD right-of--way or easement areas. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7,2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of way. The applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1~8ll-3421585) at least two full business days prior to breaking ground within ACRD right-of-way. .,The applicant shall contact ACfID Traffic Opez•ations 387-6190 in the event Tiny ACID 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 ACRD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Standards unless specifically waived herein, An engineerregistered in the State of Idaho shall pxepaz•e and certify all improvement plans. 7.2.10 Consh•uction, use and property development shall be in conformance with all applicable requirements of ACRD prior to District approval for occupancy. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of ACIdD, The burden shall be upon the applicant to obtain wt•itten confit•mation of any change from ACRD. 7.2.12 If the site plan or use should change in the future, ACRD Planning Review will review the site plan and may z•equire 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 ACRD Policy and Standard Conditions of Approval in place at that time unless a waivezlvariance of the requirements or other legal relief is gz•anted by the ACRD Commission. Olson & Bush CPAM~12~003; AZ-12.003 PAGE 15 lC~~TT A. 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' ~ by: ~1'tf fit. V~~iP~ ~,~~. .~o ~ll~anjocl~lt~i~~47K~ .$'~'~rWU4~]O~47hA[+~1'I'StI;I~ono~xDC,c~n~ Olson & Bush CPAM-12-003; A7r12.003 PAGE 17 I•;~IIIBIT A ~ ~I / i' ~l ~', ( ~i ~ ' ~~i t ~~ ~ 1 `" Ind s~ ~, ~I~ 316 Pr pAhSt~lr! prime lam. I~dba 8~~7t6 ~~.~9~,E T~I~ 3US,~S.~6.f$ ire P~d~ ~~~~ 7ex~ ~, 2U1x ld 611 Ql'1 ~ ~. 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OP EB4ItdNS~tCi, catilninfng 5:73 acs +~fJ,a~d, more a~ le~~. . , Pad h9'; 'Padd It, Wa'rea P.Ti.S, Rat UVA~ .-~ ELY s~~~~~ an~~,~~A~~~~ c z:~hroloa°w~scyu ~'r~~a~vatnrrrs~o~an~~.n~sc~~, Olson & Bush CPAM-12-003; AZ-12.003 PAGE 19 1+; BIT A ~ ~°' ' '~, 1 ~ 1 ~ a i, ~~ ,~;~' 1 ~ ~ ~~' ~~ ~ ;',~_ t', ~ ~_ I~ s~ ~ E~~ ~1~ t" p~hxk(n D~ l,~aho X716 ~~.79~,r~&~'~~1~, ~~,~b.~31'~ ~'~~ ~,N. ~~ rl~A ~1 ~ .~1~ ~~ ~ ~, 2012 ~iid ~t~/i2 ~ ~~l~d ki~a#~ti ~ khu ~ouih~ust X14 a~f' S ~~ ~'~3N~, ~ i ~~ ~3.~„ A€~ ~' tmty,Xdut~.te~~a 'cr~ydi ~>;"~1l~ws: ~ ~ sod ~s~ oI'sui~ S~c~ia~ R, . ~~~c~ Xl~ >dl~li.~~At '3~'44k" ~ ~4un~ ~1a ih ~u ~r ~p~F~ ~tt~x ~ ~d ti,a c~dr~ u~ F}~dt~ i~~~ti~1i11~ ~1~ ~~lEf1 ~~ c2~r1i~I ° ~#'t~'u. all a1P29~3:~~; I~pa byr Teo R.. ~i~it~ t'R1,.6. ~i. ~'~"n~eetak~l:S~ht ~aT~~#ftidT~Glll~Cld'C31O1SanraiD6~C,d~c~t Olson & Bush CPAM-12.003; AZ-12-003 PAGE 20 I+;ISIT A 1 4` .,, .~ .,.._...,., ~ f ` _ ~..... ~ T y ., ~{ ~ ~r=1 ct# fgt ~~, ir) I ~ BLOrn' / ~` ~ aLShc1 & Bfl5 ~ SUSaI YIS ON 4 g 4 ~--r-.-...--~___..~ . _ 'h~ ~ LANARK '5 Y, """- ~»._._ hf t ~- iy ~ l ,9~ ~v~ ~} / S { , tr1 l~~ ~ ~ ; "''r i ~ 6t J } ~ o.A~r® .m.ma, ~o } ®°~`°`S ~r pa `i6~T (1 1 ' uirnlsl*. 75W ~. ~ //_[ ~p ~ ~ I~ m'~+~,.,~ Indvd~~t m~,. '~.,.. emro9rx ~~ar ff~~j+ '~~ vz, ,1/` u PLnr to ~fh VV ltd.<er ,_ a /ROUBTRIALPARK pNUVB R R I PA T I V. . RK ' i.~. `k ' .. ro ~ ~ p . '. H h H H ~ b .°-o-°° ' ~ j .~• LP 4 PI .,, ~ Olson & Bush CPAM-12-003; AZ-12-003 PAGE 21 ~~xr~aT ~ D. Required Findings from Unified Development Code 1. COMPREIiI;NS1VEPLAN AMfENDMT;NT FINDINGS Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. in order to grant an amendment to the Comprehensive Plan, the Council shall make the following findings; a. The proposed amendment is consistent with the other elements of the Comprehensive Plan, The City Council finds that the proposed change to the Future Land Use Map is consistent with elements of the Comprehensive Plan that promote as detailed in Sections VII and IX above. b. The proposed amendment provides an improved guide to future growth and development of the city, The City Council finds that the proposal to modify the Future Land Use Map to allow for industrial use on the northern portion of this property is consistent with the abutfiug industrial uses to the north of this site. e, The proposed amendment is internally consistent with the Goals, Objectives and Policies of the Comprehensive Plan. The City Council finds that the proposed amendment is internally consistent with the Goals, Objectives, and Policies ofthe Comprehensive Plan (see Section VII for detailed analysis), d, The proposed amendment is consistent with the Unified Development Code, The City Council finds that the proposed amendment to Industt•ial for the northern portion of this site is consistent with the Unified Development Code. e. The amendment will be compatible with existing and planned surrounding land uses. The City Council finds the proposed amendment is compatible with existing industrial uses the north and will be compatible with future commercial uses to the east and west. f The proposed amendment will not burden existing and planned service capabilities. The City Council finds that the proposed amendment would not burden existing and planned service capabilities in this area of the city. Sewer and water services have already been Installed on this site. - g, The proposed map amendment (as applicable) provides alogic~-1 juxtaposition of uses That allows sufficient a~•ea to mitigate any anticipated impact associated with the development of the area. The City Council finds the proposed industrial development of a portion of this property resulting from the proposed snap amendmentwill not significantly impact development in this at•ea and provides a logical juxtaposition of uses, h. The proposed amendment is in the best interest of the City of Meridian. For the reasons stated in Sections VII and IX and the subject findings above, the City Council finds that the proposed amendment fs in the best interest of the City, ! Olson & Bush CPAM-12-003; AZ-12-003 PAGE 22 ~~~I13IT A ~. ANNEXATION ~i BONING F+'TNDINGS: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/ox rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions ofthe Comprehensive Plan; The City Council finds the proposed annexation and zoning to the C-G and I~L zoning district is consistent with the existing FLUM designation of Commercial and proposed designation of Industrial for this site. See Section VII above for more tti}orrnation. 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 C-G and I-L zoning districts and uses allowed in each of those districts is consistent with the purpose statement of the commercial district in that it provides for the retail and service needs of the community; and the purpose statement of the industrial district in that it provides for convenient employment centers of light manufacturing, research and development, warehousing, and distributing. 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, ox welfare. 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 nok 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 is in the best of intorest of the City (UDC 11-SB-3.E), For the reasons stated in this report, the City Council finds the proposed annexation and zoning is in the best interest ofthe City. Merl ian ity until ti ~v~ C Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: I E_MSTAFF TO I AGENCOY APPLICANT I NOTES I INITIALS ~-i ian ify until tin ~4T :June 25, 2013 ~TEnn r~rLE: IT 8A J T u : 13-020 Continued from June 18, 2013: FP 13-020 Reflection Ridge Subdivision No. 1 by Chris Todd, T-O Engineers Located West Side of S. Locust Grove Road and South Side of the Ridenbaugh Canal, North of E. Amity Road Request: Final Plat Approval Consisting of 61 Single-Family Residential Building Lots and Ten (10) Common/Other Lots on 24.87 Acres of Land in the R-8 Zoning District DATE: (E_MSTAFF TO i AGENCY I APPLICANT I NOTES I INITIALS e~idian ify Council ein T :June 25, 2013 I $ u :VAC 13-003 ITEM TITLE: Public Hearing: VAC 13-003 Karmelle (AKA Golden Eagle Estates Subdivision) by Providence Management, LLC Located South Side of E. Victory Road and East of S. Eagle Road Request: Vacate the 10-Foot Wide Public Utility Easements Along the Shared Lot Lines of Lot 1, 2 and 4 Platted with the Golden Eagle Estates Subdivision AND the East Boundary of Lot 4 of the Amended Golden Eagle Estates Subdivision MEETING NOTES I `~ ,__~, Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: I E-MSTLAED TO I AGENCY I APPL CANT I NOTES I INITIALS ef'i in ity Council et®n T :June 25, 2013 IT U $C J CT ITEM TITLE: Public Hearing to Review and Consider a Proposed Disposition of Real Property Located at 3468 S. Locust Grove Road to the Ada County Highway District for Right-of- Way Services MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO I SENT TO I SENT TO I NOTES I INITIALS STAFF AGENCY APPLICANT NOTICE OF PUBLIC HEARING NOTICE IS HERBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, at the hour of 6:00 p.m. on Tuesday, June 25, 2013, for the purpose of reviewing and considering a proposed disposition of real property located at 3468 S. Locust Grove Road in the City of Meridian. The proposed transaction would convey certain real property to the Ada County Highway District without compensation for right-of--way purposes. For further information, please contact the City Clerks Office at 888-4433. DATED this `-1' day of June, 2013. Publish Date: l Ot~' of June, 2013 IL L~ ~ I ° ATE , IT M PRJ CT NUM R J CT NAM Property disposition of 346 .Locust Grove Road PL A INT' NAM R I A AIN T' I NEU7'RALI ri ian ity ouncil f®n T :June 25, 2013 IT U $p J . ITEM TITLE: Ordinance No. ~ ®I : An Ordinance Authorizing the Conveyance of Real Property for Right of Way Purposes at 3468 S. Locust Grove Road MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: I E-MSTAFF TO I AGENCOY I APPL CANT I NOTES I INITIALS CITY OF MERIDIAN ORDINANCE NO. e - -~ BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN CITY OWNED REAL PROPERTY TO THE ADA COUNTY HIGHWAY DISTRICT LOCATED AT 3468 S LOCUST GROVE ROAD SOUTH OF VICTORY ROAD, A PORTION OF ADA COUNTY PARCEL NUMBER 51129223550; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST ON BEHALF OF THE CITY OF MERIDIAN THE DEED AND OTHER DOCUMENTS NECESSARY TO COMPLETE THE TRANSACTION; PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Idaho Code 50-1401, the City Council has statutory authority to sell, exchange, or convey any real property owned by the city which is underutilized or which is not used for city public purposes; and, WHEREAS, when it is determined by the City Council to be in the City's best interest, the Council may by Ordinance duly enacted, authorize the transfer or conveyance of the real property to any tax supported governmental entity without compensation; and, WHEREAS, the proposed transaction would convey approximately 6,385 square feet of real property to the Ada County Highway District for right-of--way purposes (said parcel contains 4,215 square feet of prescriptive right of way); and, WHEREAS, a public hearing was held at the regular meeting of the Meridian City Council on June 25, 2013 and at the conclusion of said hearing, the City Council moved to approve the conveyance, subject to certain terms and conditions, and directed staff to bring forth this Ordinance authorizing the conveyance. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That a public hearing on the proposed conveyance was held at the June 25, 2013 meeting of the Meridian City Council. Section 2. That the City Council determined after the public hearing that the proposed conveyance is in the City's best interest and that the property should be transferred without compensation. ORDINANCE AUTHORIZING CONVEYANCE OF PROPERTY -Page 1 of 4 Section 3. That the City Council has reviewed and approved the legal description of the proposed right-of--way attached hereto and incorporated herein. Section 4. That the Mayor and City Clerk shall be authorized to execute and attest a standard form warranty deed and any other documents necessary to complete the conveyance authorized by this Ordinance. Section 5. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED by the City Council of the City of Meridian, Idaho, this - ~ day of , 2013. APPROVED by the Mayor of the City of Meridian, Idaho, this 2013. APPROVED: MAYOR ,' , ~' ~~ ATTEST: CITY CLERK ~. '` day of T..W.- ORDINANCE AUTHORIZING CONVEYANCE OF PROPERTY -Page 2 of 4 BOUNDARY DESCRIPTION FOR THE CITY OF 1VIERID1iAN R.IGPIIT-OF-WAY REQUIREIVIENT A parcel located in the NW '/a of the NW i/a of Section 29, Township 3 North, Range 1 East, Boise Meridian, and being a pant of Parcel 2 of Recoxd of Survey No, 8'131 as shown in Instrument Number 11013915 in the offce of the Recorder, Ada County, Idaho, more particularly described as follows: Commencing at a 5/8 inch diameter iron pin marking the nozthwesterly coznez• of said NW'/z of the NW ''/a, from which a S/8 inch diameter iron pin marking the southwesterly corner of the NW'/a of said Section 29 bears S 0°I4'19" W a distance of 264S.S9 feet; Thence S 0°14'19" W along the westerly boundary of said NW '/a of the NW '/a a distancc of 791,70 feet to the northwestexly corner of said Parcel 2 and the POINT OP' BEGINNING; Thence continuing S 0°14'19" W along the westerly boundary of said Parcel 2 a distance of 160.30 feet to the southwesterly corner of said Parcel 2; Thence leaving said westerly boundary S S6°06'39" E along the southwesterly boundary of said Parcel 2 a distance of 44.45 feet to a paint; Thence leaving said southwesterly boundary N 0°14' 19" E a distance of 184,81 feet to a point on the northerly boundary of said Parcel 2; Thence N $9°34'31" W along said northerly boundary a distance of 37.00 feet to the POINT OF BEGINNING This parcel contains 6,385 square feet (0.147 acres) and is subject to any easements existing ox in use, Said parcel also contains 4,21 S square feat (0,097 acres) of prescriptive Locust Gxove Road right-af--way. Prepared by: Glenn K. Bennett, PLS ~~`~~~~~ ~ Civil Survey Consultants, Incaz~orated ~ @~ ~ a June 6, 2013 S ~ ~'~~~ ~ ~~ ~ M ~ ~~/ SKETCH TO ACCOMPANY DE5'CRIPTION FOR THE C/TY OF MERiD/AN LOCATED IN THE NW >/4 OF THE NW 1/4 OF SECTION 29, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO. 19 ~ 20 30 29 n PARCEL > scacE~ > "4a' POINT OF BEGINNING N B9 34'31 " W 37, Oa' RECORD OF SURVEY NO, 8739 o~ h ~~ ~~ e~ ~I W o ~ ~ PARCEL 2 ~ ~ ~ T O ss~~~r I o~,~~ ~ F h m m h l/4 Meridian iy until satin T :June 25, 2013 ~T Nu 9A J T U STEM TITLE: Meridian Parks and Recreation Department: Fiscal Year 2013 Budget Amendment Regarding the Generations Plaza Fountain Upgrade for aNot-to-Exceed Amount of $1 14,600 DATE: I E-MSTLAED TO I AGENCYO I APPLICANT I NOTES INITIALS P '-~;tii l- - \~ _a `' ~:.,, V b ,~ C2, ~Hu t~~ PM1 91 O N U Q' C T7 .C C ~ t0 m 1M.. i Y N d ~ +0 71 d dl 'a a ro ~ U N ~ N IL ® ~ a E .~ C 7 O B c co yC b ..SC E: F.., °o cp r r N 0 0. 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G ro n 0 ~ N Z 2 O n ~ ® °' D* A D N N ~ ~ O w O 1 17 fTt 00 U N .p CO City Of Meridian Statement of Revenues and Expenditures - Rev and Exp Report - Todd 01 - General Fund 2210 - Fire Adman Frottr 1.0/1/2012 Through 9/30/2013 Bixdget with Current Year Budget Amendments Actual Remaining PERSONNEL COSTS 417.00 t9ages 903,673,91 599,381.83 304,29?..08 41206 Wages - Seasonal/Partti.me 29,200,00 14,678.24 14,521,76 41210 Overtime Wages 0,00 70,11 (270,11) 42027. FICA (7.650 71,364.85 45,287,34 26,077,51 92022 PERSI 95,023.16 64,168.54 30,854.62 42023 Workers' Comp 32,120.62 11,836,29 20,284.33 42025 Employee Insurance 149,872.00 100,547.70 49,324.30 4202'7 Accident Insurance ---_..._......------_Q_..o o _... __ .._ 1_,_438., 34_ _ . _. _._ _ (1,438.94 Total PERSONNEL COSTS ____7, 2£31., 254.4__ _ ~ 837 608 .99 443, 6~#5 , 55 . ^_. ._._ DEPT EXPENDITURES ].,28].,254,54 837,608.99 443,645.55 TransEez•s 49001 Personnel Trans£•er of 33,252,34 5,870.29 27,382,05 Expense -- - Tot-al Transfers _.......__....._33_,._2:52_,_34._ _ -- 5, 870.29 - -------- 2 Z. 3 ~ 2 _ 0 ~ ._... _ _ _.__.__..._ _ _ -- TO'PAL EXPENDITURES WITH 7.,314,506.88 - - __ .8431.479,28 471,027,60 TRANSFERS -----._...----_.,-_- _.. ---- -----. _.........._._.-:: _=--::.::_._.:=-~__~c Date: 6/5/13 03,5315 F>M Page: 1 Ciky Of Meridian Statement of Revenues and Expenditures - Rev and Exp Report - Todd 01 - general Fund 2211 - Fire Station #1 Frorn 10/1/2012 Through 9/30/2013 PERSONNEL CASTS 41200 Wages 41210 Overtime Wages 42021 FICA (7.65$) 4?022 PERSI 42023 Workers' Comp 420?.5 Employee Insurance Total PERSONNEL CASTS DEPT EXPENDITURES 'DOTAL EXPENDITURES 47I't'H TRANSk'ERS Budget with Current Year Budget Amendments Actual Remaining 1,529,621.7.1 1,199,147.24 :330,473,97 292,781.93 305,592.85 (12,810.92) 139,413.84 107,806.20 31,607.64 195,543.86 160,148.27 35,395.59 67,246.68 35,584.64 31,662.04 _255-,_276._._00_ ~196.~_6f.12.._9.£3 --_---..58_,_633-. 02 .._...2.479.883.52.-. _-......2_,.004.922.18_- __-- 474.961_,34...._ 2,479,883.52 2,004,922.18 474,961.34 ?.,479,883.52 2,004,922.1II 474,961.34 Dater E/5/13 03;57x19 Ptd Page: 2 ~id®an iy uncil satin ~4T :June 25, 2013 IT U 9D J T U iTEnn rirLE: Police Department: Budget Enhancement for Police Security System Upgrade for a Not to Exceed Amount of $20,200.00 MEETING NOTES I_. i Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO I SENT TO I SENT TO I NOTES I INITIALS STAFF AGENCY APPLICANT ~a ~ ~ pp E3 ~~ A N U ~ ~.; t U M r '' .; N b it ~ ~ ^ ^ LL ~ .~ w U ~ d C ~ d O ~ ~ ~ N N U ~ _ C ~ p I ~ - ,, i ~ c ~~ vl ~ ~ v U- _ W u N L ~ U N N P ~ ~ = w ~~ N h ii h C ~ 7, ~ , ~ O C ~ U ~ o Ia ~, ~ ~ J ~ a ~ Q ~ . 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Y 'B ~ t t) y~°~ ~ r~t1 ~`~ O ~~~ f-~ { Y ~, ~ - $ .~~ . v ;~ 4f dj 1 ~: U 1 ~ ~ b ++ (n ~ l ice: ~ E._._ S . ~ Z 1J ~ pyy ~ I ' ~ ~ .. a ~n V ~ t ~ j C J C / t~ U ~ ~ d"1 4 g Q U i ~~l '`-~ ~ ~ ® 0 0 0 O N ~ N Lo ~ ~ SC 1dJ ~ d r «}} d to c F- ~ ~ a x ~ ~ ~ ® V V ® ~ V ~ d r bg ~ v .U N ~ Q C V ® ~ N ~ U d s ~I C ~ ~ U O ~ '~ C ~ ~ O ~ V ~ ~ v ~ ~ ~ ~ d C r ~ c ~ . ~ ;~ ~ O ~ ~ m ~ N ~ C C® U Il/le~i ian ity uncil tin T :June 25, 2013 I IVIJ g J lJ ITEM TITLE: Police Department: Budget Amendment for Police HVAC Modifications for Evidence Rooms Project for a Not to Exceed Amount of $27,970.00 MEETING NOTES ..r,^, i ~~~r:, s ~_ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MSTA D TO I AGENCY I APPLICANT I NOTES I INITIALS E -- c-_ i i. _~ ~, ii a ~;. (.. ~ ~ -~~ i ~ py p b~ ~~ ,® ' . ~. ^^`` W U , O. 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C ~ ~` ~ ~ Y ~~ ~ 3 ~r 1 ~ ~ ~ 1 :~ (i id a~ (Cf O ~1 y ;%' ~ ~ ~ ~ > r + ~ Q f6 ~ ~ r~ ~ ~ ~ ~? ~ ~~ % l ~ ~ o N ~ ~ ~ ,s 5 ~ ~ + Y ~ ~~-~' h N t~~ ~ i d ~ 69 F-- ~ ~ •~ h- ~ v Q ~ ~ ~ .a ~ to ~ o = ~ e ~ w ~ J U ® t9 .~ 0 ~° C !~ ~ g V ~ ~ ~ ~ 9 ~ 4- v ~ C v ~ ~ e. ~ d d ~ a ~ '~ .9 ~ ~ ~ ~ C v c ~ ~ ® ro '~ .~ d ~ ~ s ,~ ~ o ~ ~ ~ ~ ~ rn ~ e r- in ity uncil tiro T' :June 25, 2013 IT 10A J IvU : A 13-004 ITEM TITLE: Ordinance No. ~ d I An Ordinance (AZ 13-004 Thompson Farms) for Annexation of a Parcel of Land Located in the Southeast'/4 of Section 18, Township 3 North, Range 1 East, Meridian Idaho; Establishing and Determining the Land Use Zoning Classification of Said Lands from RUT to R-2 (Low Density Residential) and Providing an Effective Date MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: I E-MSTA D TO I AGENCY APPL CANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 901SE IDAHO 06226/13 12:47 PM RECORDEDIC REQUEST OF III ~ ~~ III I I I I II ~ II I III II Meridian City 11 ~ ~,~ i ~~;~~ CITY OF ME MAN ORDINANCE NO. ~ ." f BY THE CITY C®lJ1V CIL: 12Ii111, iY®~~LU1V, i00U11T1tH~E, /~t9YlElY1Bt2 BE IT ORDAINED ~Y THE MAY®I21~N1D TIIE CITY COiTIVCII_, ®F TIIE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAIIO. SECTION 1. That the following described land as evidenced by attached Legal Description herein incozporated by reference as Exhibit "A" are within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re- zoning by the owner of said property, to-wit: R. Of•ville and Heidi Thomson. SECTION 2. That the above-described real property is hereby annexed and re-zoned from RUT to R-2 (Low Density Residential District), in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City 11as complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to amlex and re-zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. ANNEXATION - THOMPSOIV FARM (AZ 13-004) Page 1 of 3 SECTI®N 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTI®ht 7. This ordinance shall be in frill force and effect from and after its passage, approval and publication, according to law. SECTI®I`I ~. 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, inchiding the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer acid Assessor and shall also file simultaneously a certified copy of this ordinance and reap with the State Tax Commission of the State of Idaho. SECTI®N 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the fiill Council, the Wile requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY TIIE CITY C®UNCIL ®F TIIE CITY ~F IVIERIDIA10i, II~AII~, this day of ~_~ , 2013. APPIa®YEI) BY TIIE IVIAY®I~ ®F TIIE CITY ®F 1liIERiI)IAIY, II)AII®, this day of ~ , 2013. '~~ ATTEST: 1 ~~- 1~AY®I~ ANNEXATION - THOMPSON FARM (AZ 13-004) Page 2 of 3 STATE OF IDAHO, ) ss: County of Ada ) On this t~Sday of .~~~~~ ~ , 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. e; ~, t~ r, ,; x, ,~ (SEAL) ,~ ~~ ~~ .~' s A t,.~ r`~`x`~ 9 P , t o •. t, r , ,,~.~ ~~~ P ._,__ N RY PU IC FOR A- O RE DING AT: }-~~,~~ ~~~ t MY COMMISSION EXPIRES: ~n ~~ . ~~ i ~.~ ANNEXATION - THOMPSON FARM (AZ 13-004) Page 3 of 3 Exhibit A: Annexation Legal Description Le~~l Description ParceIS1 1 18417401 -Annexation A parcel located in the SE'/ of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a brass cap monument marling the northeast corner of said SE'/, from which a brass cap monument marking the southeast comer of said SE '/a bears S 0°30'34" W a distance of 2659.40 feet; Thence S 0°30'34° W along the easterly boundary of said SE'/4 a distance of 485.26 feet to a 5/8 inch diameter iron pin and the POINT OP BEGI~tNING; Thence continuing S 0°30'34" W along said easterly boundary a distance of 630.39 feet to a point; Thence leaving said easterly boundary N 45°46'26" W along the centerline of the Hunter Lateral a distance of 64.27 feet to a point; Thence continuing along said centerline N 36°29'46" W a distance of 171.89 feet to a poin#; Thence continuing along said centerline N 33°44'46" W a distance of 392.37 feet to a point; Thence continuing along said centerline N 23°30'26" W a distance of 128.83 feet to a point on the centerline of Central Drive; Thence along said centerline a distance of 16.88 feet along fhe arc of a 300.00 foot radius non- tangenf curve left, said curve having a central angle of 3°13'22" and a long chord bearing S 88°51'14" E a distance of 16.87 feet to a point; Thence continuing along said centerline N 89°32'05" E a distance of 406.39 feat to the POINT OF t3~GI1~NIRIG; This parcel contains 3.37 acres and is subject to any easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC February 22, 2013 RE A PROVAL MAR 0 1 2013 ~\Q~p SLA NpS ~~ ~ ~ 11rry11~ N.~ li /G 7i!/~`r cry rF o ~ ~°P ~`~ TdNW,~Pe, MERIDIAN PUBLIC WORKS DEPT. ~~n~ ~~~~i~~~ LG Farm Property Job No. 93-02 Thompson Farm (AZ 13-004) ~xhibif B: Annexation Map PARCELS 1 1 18417401 ~ ARIIVEXATION EXHIBIT LOCATED IN THESE 1/4 OF SECTION 18, T3N, R1 E, BM, ADA COUNTY, IDAHO '/4 16 ~i17 in H ro ,y Ct CENTRAL DRIVE POINT bF N 89'32'05" E 406.39` BEGINNING ~a ~ - - W a~~ ~ a ~' ~r ~- M ~ M O N ANNEXATION AREA 3.37 ACRES n 0 ~~b ~ V ' ~ M 's' O G,G ,~ ~~ ~~9< ~ CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD BEARING CI i6. 8' 300,00' 3'13'2 16. T S 8' 194" E RE PPROVAL '~'~~,~~~, BY , ash MAR 0 1 2013 MERIDIAN PUBLIC WORKS DEFT. i_~ ~~_,, ;- ifi 17 s-:~; ~ , ~s 20 i 0 GO f 20 240 land Surveying and Consulting 23r E,srHSr.,sr~,n - MERIDIAN, ID 63642 -~---~- -_-_ -__-_~ 120 61 28 6-ZOgO (20612884557 (ax w~+nN, landsolugon s.bfz Thompson Farm (AZ 13-004) 1®tOTICE A~1I) PIJI3LI~IIEI) SUIVINIAItY OF O INANCE Pi7IISi1A~1T T'O I.C. ~ 50-901(A) C'IT'Y OF 1l~IERII)IAN OIZI)I1~AIVCE NO. 13- ~ PIZOVII)I~1G FOIL A1~NI•JXATIOl~ AIVi) ZOI`1I~1G 012]®II®iA1~iCE An Ordinance of the City of Meridian granting annexation and zoning for a parcel of land situated in the SE '/4 of Section 18, Township 3 North, Range 1 East, Boise, Ada County, Idaho. This parcel contains 3.37 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 ~ ay of ~ , 2013. ~G f~°w ~., ~c~ryof City of eridian ~ ~ IDI~ lAN~`" 10AAHO-~ Mayor and City Council ~ SEAL By: Jaycee L. Holman, City Clerlc ~~'~F ~~'' q'l+br TRFA5~~0 First Reading: G ° ~ ` 1 Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code r §50-902: YES NO Second Reading: Third Reading: ~------ STATEIVII+;I~tT OF MI•JI~II)IAN CITY ATTOIZI~EY AS 'I'O AI)EQIJACY OF SilIYII~AIZY OF ORI)IletAlVCE NO. 13- ~ tom` The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 13- I E~o ° 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. 6 William. L.M. Nary City Attorney ORDINANCE SUMMARY - THOMPSON FARM (AZ 13-004) er® ian ity ®ur-cil in T :June 25, 2013 IT IV : 10B T A 12-003 ~TEnn r~TLE: Ordinance No. l ~ ~ An Ordinance (AZ 12-003 Olson & Bush) for Annexation of a Parcel of Land Located in the Southeast'/4 of Section 8, Township 3 North, Range 1 East, Meridian Idaho; Establishing and Determining the Land Use Zoning Classification of Said Lands from RUT to C-G (General Retail and Service Commercial) and I-L (Limited Industrial) and Providing an Effective Date MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: I E-MSTAFF TO I AGENCY I APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 SOISE IDAHO 06/26/13 12;41 PM DEPUTY Vicky Eailey RECORDED-REQUEST OF II I ~ II~ (' I ~ " ~ II ~I~ Meridian City 11~F~71 ~'r~ CITY ~>~ ME ~IA~ ® I~A~CE ~®. C ° f ~~ BY THE CITY C®UAV4.IL: $IR~g H®A~A~U1Vg R®UlVTREEg /~AREIVII3A ~E IT ®RllAII01EI)1~Y TIIE 1~AY®R AI~11) THE CITY C®UIdTCIL, ®I''' THE CITY ®1' 1V1ERIlJIA1Vg C®U1WTY ®1` ALAg ~TATE ®1` ILAHA®: SECTI®ht L That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" are within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re- zoning by the owner of said property, to-wit: R. Orville and Heidi Thotn~son. SECTI®I~12. That the above-described real property is hereby annexed and re-zoned from RUT to C-G (General Retail and Service Commercial District) and I-L (Light hidustrial District), in the Meridian City Code. SECTI®1~ 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to aimex and zone said property. SECTI®ht 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re-zone said property. SECTI®I~ 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. A1VI~t1;XATION - OLSON & BUSH (AZ 13-003) Page 1 of 3 SECTI®N 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTI®N 7. This ordinance shall be in frill force and effect from and after its passage, approval and publication, according to law. SECTI®N ~. 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 ofthis ordinance and map with the State Tax Commission of the State of Idaho. SECTI®N 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the frill Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED IIY TIIE CITY C®LTNCII, ®F TIIE CITY ®F MERIDIAN, IDAII®, this day of ~ , 2013. APPR®VED BY TIIE MAY®R t3F TIIE CITY ®F MERIDIAN, IDAII®, this clay of ~" , 2013. ~ Ca ~~~~~ ~~- MAYOR ATTEST: t ANNIJXATION - OLSON & BUSH (AZ 13-003) Page 2 of 3 STATE OF IDAHO, ) ss: County of Ada ) ~-U On this o7 ~ day of ~~ y h{ , 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 Clerlc, 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 (SEAL), ~I y dl k ~~, ; N ARY PUBLI FOR ~ RESIDING AT: 1~-{eV't 1~ t 1~ MY COMMISSION EXPIRES: t~ ~ ,~ o I ANNEXATION - OLSON & BUSH (AZ 13-003) Page 3 of 3 Exhibit A ~; -'~ ~, ~ /f ,' `, '`~~if , `". 1, f~~ s~~ ~t~, il~ -~t ~ r_,~r,~kt~ C~rf~~, ~~f,-°4~, ldat,~;f~~~~~~ ~C~13.7iJ~a_Fv~s2 r~l~. ~~,h~~.f3~°1~ i'a Itevi~i:t ~.a~311"~ ~~. `btu, ~,~~ ~.>C1I~~t ~a~r~7 y§9 p9@~BJ {~%~ Q1`~ M/~~7~Ji7 e4~3Y ~~3~~~ ~5~*~~e ~T~e ;~ ~a~r:~1 of'taa~u P~.~:a3~d Iat t1.e ~~ut~at~~t C.(=~ ~~' ~~icst~ ~, 1',~1't,, ~.1 i°., I~.Pa~ti e~d~ ~~~-~a~tt, I~BUa €aa~~ 1~:-iii; inc~r~ I;~a~~u1~~'1;~~ cf~~:~~ibed t~s .`'v1ic~~~o~: $~`a~t~a~q~azoit~; tit tl~~ ~c~til~~~=t~.! ~:~rn~. ~~t'~.t1c1 ~~~s::ti~~t~ ~, t~on~ +~~~rtt il~~; ~c3ui1~ 1,°~ s;~t=~~~t, r~~'~~a3~~1 ~~~ti~tiaa l.~~r; ~ Ri~~~~'.141'~ ', ~.~71.~~ 1'~a~, __. t9~a::u€~=;: ~ 13~"~~~<T+~'S ~~~ erloat~ ttad ~c~ttts~a litaad~t~y ~f sad ~~Ltiot~ 6 ~8~ ll-~ ~~aat~r~itt~ cB' 1'ralirt I~d_~ i°°c~r ~ c1f~n:~~ of 6'71.16 1'~~l tc~ l1u T,~]~, ~C~i~'~' 61 13t~;~11'~lf~~~~; t1r~:r~ ~r~r~tintaira ~Ion~ ~~i~ ;~o~tli ~.t~rarl~ry ~i:~# ~~ait~aliat~ 1~~°5=8 Yet?"' +~r I:or ~ tla~a~s t~tfi»~ ~t~rd ~,r:un~i;it-~e grad rtlcrlir=~ 1~1 00~"1~'.#0" ~ 1~~~ ~ dist~tr~~; ~-~f ~~1,~k~ 1'~~e t~ ~ 1?~i3tt rsa~ flee T"rua~tH t-l~lat~z~f ~tirt~;~ liaa~ cif 1+'r:~ta1~1tu 1~.~1; 11ac;tacts lc~aa~~~a~~ i:3 ~(~iit~c3Y~`vu~ iir3~.~; C~~t'~3';t~~~, ~~ lat~;~ di:ta,t~~ rjt'~~(?.:~"l 1`~~t (f~~r~a~rlu t1~~~ril.~:c1 ~$s N±:~~°>'?,4?G"1~'e ? ~~.e~ }' }; flaac~~ IzJ ~;~=~!$'I7~a' ~~ ~4r tt ~1~tnn+~. t=~3~t0.c~f.~ t41t~t ~1'a~ra~t~t°ly do^~~ibeti t~ tt€et~a~: ~ tt{:1'=•t)6'd ~'" l~ 1's~r ~ c~isi:~ata:-a° ct~' 1~?.C)'? f~~ ~1'<~>niea`I>~ al~.~rat3~~,i ;as :3C~t1`'1:3'~',7"1, 9}},,1))~3.t~~~ i`~t~"~ `-~t'1'~y!~h" ~`~' i~~r t1 dtt~tr~nec: i~t"~{;e~.tt 1 9~-°~i 4'lv~-n~;~L~~ ~1~_.~•~tf~~c1 tj~~ ly f ~Y'~~~ t i dJ Y~~~WfY ~'47,~~ } } l~ 21t~tt~~; I~ i:~~ry1~-' 1~„~~ir I+~t° tt ~ttyCtirt~R; cif` 1 FCt,t7 1~~t i`xi-rrt~~rly d=m~~t'it9ial taa~n~~ ~J ~4`1~'~()""'~~ i°c~ra ili~t~nc~ tit 39,",~ ~c~~k (tt't°t~a~ct-I;; r,1~,eri~it:.d ~~ 1~t`7~~~t"~}°OU"~;, 3a.~~`j, at. ~'s'i`r~j~~~,t4~.t°r1,~;ft74 ST' ~•f f~'iL;~.~~:tsi~6f=t~l~Sit~t~c;,r~~x£~T~t~_,~«.t Olson & Bush Annexation Ordinance (AZ-12-003) EXIIIBI'I' 1 l ~r~;. ; ~ ,. ~~ '~`.~ ia.~ lt, OL80ti G b116Pi t~ 9bP~A'{ jfIDUST(tIA(. !'ht{Y. 'I ~ atSOtt ~ nas 21 .5utrttti~2S rJh' ~ •z "` ~i -_...,--.~.. _,_.__.._x....,._. ttl y_ _ _ - ,-_,J a 4 i r 1f~ ~I~ •I 11tt ,,,,Y_ i 1 PSOr=~.f' ~NO US7TR1~iLrAti (C 1... AP ~G 7C ,"a ~~h/1t. `~. ~ r171 r~ ~'}'}'~4L.f ~ `~' . ^ ~ p ~ e dP,y. k ., ~7 '~S"" : 3t41'td'!'f'k: ii.pa' ..>'Y [ i ,+e ~~ . C 7 ) .. ~ i~ ~ ~ "~~ H ~ ~ ~ v Kam.......... ~--•-•. -- ~~~ ._.«.M...-.~..... b'''-~a -,-...--r-...~ 1~51r~ a... ~.a ca 'f7 1(1 Kf4 ~i~.i Y 3 ]I.fi C3 t7.~1~"~.t~T „!~. Y N.:J r~!G~'.1~1'.X',tV'M~' .~r.Sdi.~3.t';~' 31~ C: bAtJSKIkd DRiVR- GAISE, 1DAHU ~ 8714. 4HpNEi 79he5ft7~ FAX: X24-451$ ~..:. .. ~ -i;; 4. ~* W 1~ C ~ ~ii• L ~, ~ .. ~ •I .~' "~",1 ~ ~. ,G Olson ~, B1tsh 1~T®TICE A.IVD PIJBI,I~IIED SUNIMA.RY ®F ® I~lANCE PIJRSITANT T® I.C. § 50-901(A) CITY ®F IYIERIDIA~1®RDI~tAI~tCE 1V®. 13- lf~ PR®YIDING F®R A~1IVEXATI®I~ AI~1D Z®IVI~1G ®RDI~lAl®ICE An Ordinance of the City of Meridian granting annexation and zoning for a parcel of land situated in the SE '/4 of Section 8, Township 3 North, Range 1 East, Boise, Ada County, Idaho. This parcel contains 7.20 acres more or less. Also, this parcel is SUBJECT TO ail 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 frill 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 G~~ , 2013. 5 .~~~~~~,ACi;U Att~.~s~ n < °w i y of idian E IDI~,~ SA N~~-' Mayor and City Council IDAHO By: Jaycee L. Holman, City Cleric F`F,,, SEAL yP~y E ktl~i6r 7RE 6`'~4 First Reading: ~ ~" ~ ~~ Adopted after first read}'~g by suspension of the Rule as allowed pursuant to Idaho Code X50-902: YES +/ NO Second Reading: ~@°' Third Reading: ._~ STATEl1iIE1~T ~F IVIERIDIAIV CITY ATTORNEY 1$S T® ADE(~U~4CY ®F SUMMARY ®F ® INANCE N®. 13- l (~ The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 13- -~p 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. -_ ~`1~ ~ ~ .~ William. L.M. Nary City Attorney ORDINANCI; SUMIVIARY - OLSON & BUSH (AZ 13-003) r® is iy until i AT :June 25, 2013 IT ~v u 11 DATE: E_MSTAFF TO I AGENCOY I APPLICANT NOTES INITIALS ~i i i until i T' :June 25, 2013 IT' U 12A J T U ITEM TITLE: Executive Session Per Idaho State Code 67-2345 (1)(c)(f): (c) To Conduct Deliberations Concerning Labor Negotiations or to Acquire an Interest in Real Property, Which is Not Owned by a Public Agency, and (f) To Consider and Advise Its Legal Representatives in Pending Litigation MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: (E_MSTA D TO I AGENCYO I APPL CANT I NOTES I INITIALS