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City Council Chambers
33 East Broadway Avenue
Meridian, Idaho
Tuesday, March 18, 2014 at 6:00 PM
Roll-Call Attendance
X David Zaremba X Joe Borton
_ Charlie Rountree _ Keith Bird
O Genesis Milam Luke Cavener
® X Mayor Tammy de Weerd
2. Pledge of Allegiance
3. Community Invocation by Darrell Taylor with Ten Mile Christian Church
4. Adoption of the Agenda Adopted
5. Consent Agenda Approved
A. Approve Minutes of March 4, 2014 City Council Meeting
B. Development Agreement for Approval: AZ 13-010 McLinder Subdivision by
TS Development, LLC. Generally Located at the Southeast Corner of W.
McMillan and N. Linder Roads at 4650 N. Linder Road and 1437 W. McMillan
Road Request: Annexation and Zoning of 13 Acres of Land With the R-15
(6.43 acres) and C-N (6.58 acres) Zoning Districts
C. Approval of Findings of Facts and Conclusions of Law for Denial - MDA 13-
024 & PP 13-039 Falconers Place by Falcon Drive Meridian, LLC located
Southeast Corner of E. Falcon Drive and S. Eagle Road. Denial of a
Request to Amend the Recorded Development Agreement (Instrument
105152708)to Change the Development Plan from a Retirement
Community to a Townhome Community for the Proposed Falconers Place
Subdivision. Denial of Request for Preliminary Plat Approval Consisting of
Two (2) Residential Lots and One (1) Common Lot on Approximately 4.69
Acres in an R-8 Zoning District.
D. Final Order for Approval: TC 14-002 Centrepointe North by Jonathan Seel
Located West Side of N. Eagle Road, Approximately a 1/4 Mile North of E.
Meridian City Council Meeting Agenda -Tuesday, March 18, 2014 Page 1 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Ustick Road Request: Two (2) Year Time Extension on the Preliminary Plat
in order to Obtain the City Engineer's Signature on a Final Plat
6.
7.
8.
E. Sewer Main Easement for the Village at Cold Creek
F. Police Department: Subgrant Agreement for Ada City County Emergency
Management Grants
G. Cooperative Agreement for Sewer Improvements at the Interstate 84
Meridian Road Interchange - 2
Community Items/Presentations
A. Parks and Recreation Commission: Annual Report Presentation
B. Historic Preservation Commission: Annual Report Presentation
Items Moved From Consent Agenda None
Action Items
A. Public Hearing: TEC 14-003 Seyam Subdivision by Volante Investments
Located North Side of E. Franklin Road and East of N. Eagle Road Request:
Two (2) Year Time Extension on the Preliminary Plat Continued to arch
2, 2014
B. Public Hearing: AZ 13-015 TM Creek by SCS Brighton, LLC Located
Southeast Corner of W. Franklin Road and S. Ten Mile Road Request:
Annexation and Zoning of 45.34 Acres of Land with C-G (34.82 acres), R-40
(3.94 Acres) and TN-C (5.58 Acres) Zoning Districts Approved
C. Public Hearing: PP 13-030 TM Creek by SCS Brighton, LLC Located
Southeast Corner of W. Franklin Road and S. Ten Mile Road Request:
Preliminary Plat Approval Consisting of Forty-Nine (49) Building Lots and
Three (3) Common/Other Lots on 41.03 Acres of Land in the Proposed C-G,
R-40 and TN-C Zoning Districts Approved with Conditions
D. Continued from March 4, 2014: FP 14-007 Spurwing Orchard No. 3 by
Brighton Investments, LLC Located North Side of Chinden Boulevard, West
of N. Ten Mile Road Request: Final Plat Approval Consisting of Sixty-Three
(63) Single Family Residential Lots and Four (4) Common Lots on
Approximately 25.85 Acres in the R-4 Zoning District Approved
E. FP 14-008 Solterra by Conger Management Group Located Northeast
Corner of E. Fairview Avenue and N. Hickory Way Request: Final Plat
Approval Consisting of Four (4) Commercial Lots, Forty-Three (43)
Meridian City Council Meeting Agenda -Tuesday, March 18, 2014 Page 2 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Residential Lots anal Eight (8) Common/Other Lots on Approximately 16.22
Acres in an C-G, L-O and R-15 Zoning Districts Approved
F. Public Hearing: VAC 14-001 Leisman Addition by Lawson Design Located
East of N. Linder Road and North of W. Pine Avenue Request: Vacate the
Ten (10) Foot Wide Public Utility, Drainage and Irrigation (PUDI) Easement
Along the Shared Lot Lines of Lots 3 and 4, Block 3 Platted with the
Leisman Addition Subdivision Approved
G. Public Hearing: PP 13-042 Centre Point Square by Center Point Square,
LLC Located West of N. Eagle Road and South of E. Ustick Road Request:
Preliminary Plat Approval Consisting of Forty (40) Single-Family Buildable
Lots and Four (4) Common/Other Lots on Approximately 5.28 Acres of
Land in an R-15 Zoning District Continued to arch 5, 2014
H. Public Hearing: MDA 13-025 Centre Point Square by Centre Point Square,
LLC Located West of N. Eagle Road and South of E. Ustick Road Request:
Development Agreement Modification to Change the Development Plan
from Multi-Family to Single Family Continued to arch 2, 2014
9. Department Reports
A. Mayor's Office: Resolution No. 14-981: Appointment of Michelle Glaze to
Seat 1 of the Meridian Arts Commission Approved
B. Police Department: Budget Amendment for the Replacement of Patrol Car
for the Not-to-Exceed Amount of $8,853.00 Approved
10. Ordinances
A. Ordinance No. 14-1600: An Ordinance (AZ 13-010 McLinder
Subdivision/Sawtooth Village) for Annexation of a Parcel of Ground
Located in the Northwest 1/4 of Section 36, Township 3 North, Range 1
East; Establishing and Determining the Land Use Zoning Classification of
Said Lands from RUT to R-15 (6.426 Acres) (Medium High Density
Residential District) and C-N (6.578 Acres) (Neighborhood Business
District) and Providing an Effective Date Approved
11. Future Meeting Topics None
12. Executive Session per Idaho State Code 67-2345(1)(f) - (to consider and advise its
legal representatives in pending litigation) (Vote: An action by City Council may
follow the executive session.
Into xecutive Session at 8:31 p.m.
Out of Executive Session at 9:18 p.m.
Meridian City Council Meeting Agenda -Tuesday, March 18, 2014 Page 3 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
~ 3. Amended onto the Agenda: Master Agreement with Nampa Meridian Irrigation
®istrict (NMI®) for Permitted and Future Encroachments Approved
Adjourned at 9:20 p.m.
Meridian City Council Meeting Agenda -Tuesday, March 18, 2014 Page 4 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Meridian City Council March 18, 2014
A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, March
18, 2014, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Keith Bird, Charlie Rountree, David
Zaremba Joe Borton, and Luke Cavener.
Members Absent: Genesis Milam.
Others Present: Bill Nary, Jaycee Holman, Bruce Chatterton, Bill Parsons, Sonya
Watters, Clint Dolsby, Jamie Leslie, Chris Amenn, David Miles, and Dean Willis.
Item 1: Roll-call Attendance:
Roll call.
X David Zaremba X Joe Borton
X Charlie Rountree X Keith Bird
Genesis Milam X Luke Cavener
X Mayor Tammy de Weerd
De Weerd: Welcome to the City Council meeting. We appreciate having you all here.
In particular our Boy Scouts. Always nice to see the young people of our community,
especially our Boy Scouts. You do give us hope and confidence in our future. So,
thank you for being here. For the record it is Tuesday, March 18th. It's 6:00 p.m. We
will start with roll call attendance, Madam Clerk.
Item 2: Pledge of Allegiance
De Weerd: Item No. 2 is our Pledge of Allegiance. Tonight we will be led by Troop 198
of Fairview LDS Ward. Caden Gardis is going to lead us. If you will, please, come
forward.
(Pledge of Allegiance recited.)
De Weerd: Caden, if I could give you a City of Meridian pin for leading us in the pledge
tonight. Thank you. I think you should have earned two merit badges for that. I guess
should talk to your leader with that remark, huh?
Item 3: Community Invocation by Darrell Taylor with Ten Mile Christian
Church
De Weerd: Okay. Item No. 3 is our community invocation. Tonight we will be led by
Darrell Taylor. He is with Ten Mile Christian Church. If you will come join us in the
front, Darrell. I would ask that all of you join us in the community invocation or take this
as an opportunity for a moment of reflection. Thank you for joining us.
Meridian City Council
March 18, 2014
Page 2 of 56
Taylor: Thank you. Let us pray. Heavenly Father, just thank you for this beautiful day
that spring is coming. Maybe not as fast as we would like it, but we will -- we will let you
do that. Father, just ask that we may be reminded as spring is here that there are new
beginnings and new life and we just thank you for that reminder that old things can pass
away and new things can come up brand new. Father, we just thank you for the Boy
Scouts here, for their dedication and their service to their community. Father, for the --
just ask a special blessing on those that make Meridian a wonderful, beautiful place to
live. For those that are dedicated to service and for -- for protection to -- to make this a
great place to retire, to raise kids, and just enjoy life. Father, for those that are in our
armed forces that you will keep them safe as they keep watch over us and, Father, for --
for our nation, that you will continue to bless this nation under God and as -- Father, a
special blessing upon this -- this meeting, Father, for and -- and for resolve and, Father,
again we are so truly thankful to be in this community and for those that help support it,
we just thank you, in Jesus' name, amen.
De Weerd: How appropriate you led us in the invocation, Darrell. Certainly you have
been very involved with the Boy Scouts and your leadership is appreciated as well.
Item 4: Adoption of the Agenda
De Weerd: Item No. 4 is adoption of the agenda.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: A couple of notes, additions to the agenda. Item 8-A has been requested to
continue to March 25th. Item 9-A, the Resolution No. is 14-981. And Item 10-A, the
ordinance number is 14-1600. And with those additions, Madam Mayor, I move that we
approve the agenda.
Bird: Second.
De Weerd: I have a motion and a second to approve the agenda. All those in favor say
aye. All ayes. Motion carries.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Item 5: Consent Agenda
A. Approve Minutes of March 4, 2014 City Council Meeting
B. Development Agreement for Approval: AZ 13-010 McLinder
Subdivision by TS Development, LLC. Generally Located at the
Southeast Corner of W. McMillan and N. Linder Roads at 4650
Meridian City Council
March 18, 2014
Page 3 of 56
N. Linder Road and 1437 W. McMillan Road Request:
Annexation and Zoning of 13 Acres of Land With the R-15 (6.43
acres) and C-N (6.58 acres) Zoning Districts
C. Approval of Findings of Facts and Conclusions of Law for
Denial - MDA 13-024 & PP 13-039 Falconers Place by Falcon
Drive Meridian, LLC located Southeast Corner of E. Falcon
Drive and S. Eagle Road. Denial of a Request to Amend the
Recorded Development Agreement (Instrument #105152708)to
Change the Development Plan from a Retirement Community
to a Townhome Community for the Proposed Falconers Place
Subdivision. Denial of Request for Preliminary Plat Approval
Consisting of Two (2) Residential Lots and One (1) Common
Lot on Approximately 4.69 Acres in an R-8 Zoning District.
D. Final Order for Approval: TEC 14-002 Centrepointe North by
Jonathan Seel Located West Side of N. Eagle Road,
Approximately a 1/4 Mile North of E. Ustick Road Request: Two
(2) Year Time Extension on the Preliminary Plat in order to
Obtain the City Engineer's Signature on a Final Plat
E. Sewer Main Easement for the Village at Cold Creek
F. Police Department: Subgrant Agreement for Ada City County
Emergency Management Grants
G. Cooperative Agreement for Sewer Improvements at the
Interstate 84 Meridian Road Interchange - 2
De Weerd: Item 5 is our Consent Agenda.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve the Consent Agenda as published and authorize the
Mayor to sign and the Clerk to attest.
Bird: Second.
De Weerd: I have a motion and a second to approve the Consent Agenda. Madam
Clerk, will you, please, call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, absent;
Cavener, yea.
Meridian City Council
March 18, 2014
Page 4 of 56
De Weerd: All ayes. Motion carried.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Item 6: Community Items/Presentations
A. Parks and Recreation Commission: Annual Report
Presentation
De Weerd: Item No. 6 under Community Presentations we have two of our
commissions here with us tonight and I will ask our Parks and Recreation Commission
chair to come forward, Matt Stoll. Thank you for being here, Matt.
Stoll: The live one or --
De Weerd: They are both --
Bird: They are both live.
Stoll: Madam Mayor, Council Members, thank you for this opportunity to present to you
the annual report from the Parks and Recreation Commission. My name is Matt Stoll. I
serve as the president of the commission for 2014. I have the good fortune, actually, of
reporting for the past fiscal year of 2013, the good work that was led by Commissioners
Phil Liddell and also Commissioners Treg Bernt in their role as the commission
president. So, I take no ownership as the president of the commission on these, but we
were a participant. I'd also like to acknowledge my vice-president Tiffany Coleman.
Treg Bernt, as I mentioned earlier. Sharon Borton. William Fitzgerald. Kent
Goldthorpe. Phillip Liddell. John Nesmith. Creg Steele. They all do good work and
they are appreciative of your appointments as volunteer members on the commission
and we have a grand time. Our 2013 highlights. I'm going to hit the --just the highlights
of the seven page report that you have received of our accomplishments, because you
have a busy schedule. Our all commission goal number one was to pursue additional
funding sources for future pathway construction opportunities. The key criteria that we
hit this past year -- or, actually, was the staff for the Meridian Parks and Rec, they
applied for and received a federal grant to study the arterial road crossings for the Rail
With Trail project. I think that's going to be a critical study that's going to help out with
the commission's and the city's goal of creating a viable pathway network for our
citizens. All commission goal number six, complete the production of a Parks and
Recreation Department community video. That was completed in the spring and
unveiled in July. I believe it's on the website. It certainly has been reviewed with you
and I encourage the citizens to take a look at it. It's a great video that was led by Treg
and by Tiffany, with the support of Collin Moss off your staff and it's just -- it's
outstanding. The all commission goal number seven implements the parks dedication
signs at all parks. The commission has completed the basic layout with information and
language for the park dedication signs to memorialize the great work of our elected
officials, the staff, commissioners, and our partners in developing these City of Meridian
Meridian City Council
March 18, 2014
Page 5 of 56
parks and I think it's something that's duly needed and also it's going to highlight our
great park system and the folks that are responsible with it -- for it and creating it over
the years. We look forward to the unveiling of the signs over this next year. Our Parks
and Rec Commission also created and implemented a Z card map for distribution to the
public, highlighting our parks and pathways. It's a great little pocket thing that some
people need to have an engineering degree to get it back together, others of us just
can't get it figured out, but it's a great thing to help the general public and the kids
looking at how to get around the area and what parks are available. Events I would like
to highlight that we have had. The Christmas tree lighting ceremony has been a great
event over the past few years and it's due to the commitment of the staff and the
volunteers to participate in it. I'm supposed to talk about the 2012 one, but, quite
frankly, 2013 is more immediate and as part of that we had the Winterland Parade,
which was requested by the businesses and the citizens to bring it back and I think it
was a great event. A little chilly for the folks that were on the floats, but it was a great
next step forward and looking forward to this coming year's parade and hope to see you
all and the citizens there. We also had the Winterland festival, which is always a
success and the proceeds benefit organizations and families that are in need. For fiscal
year 2014, the commission has quite a few goals that I won't go into specifically what
they all are, but we are looking to -- looking forward to updating the comprehensive park
system master plan and getting input from the citizens on the development of that plan.
We are also looking forward to working with the Council on the development, design,
and construction of the new dog park in Storey Park. We just last week had a review of
that and all of us are looking forward to that implementation, we think it will be quite a
benefit to the citizens and as always we are looking to continue funding for -- identifying
funding for our pathway network for the citizens. I'd like to acknowledge the great work
of your staff from Parks and Rec. I'm not going to hit everybody that's part of the Parks
and Rec Department, I'm going to touch upon the folks that we deal with on a routine
basis, but, quite frankly, you have an outstanding staff all over. Rachele Meyers has
been fantastic herding cats and we can be -- not as attentive as we need to be on
getting things accomplished. Garrett White has been excellent working with us. Patrick
Dille. Collin Moss. Jay Gibbons. Mike Barton. And, of course, Steve Siddoway. And
we have enjoyed over this past year our liaison Council Member Zaremba and we are
looking forward to working with Council Member Cavener in this upcoming year. With
that I'll stand for any questions that you or the Council may have.
De Weerd: Thank you, Matt. And certainly I would want to extend our thanks to you
and the parks commissioners that are here. We know the time and effort that you put
into serving on the commission. All the detail and the passion that each of you bring to
it is greatly appreciated as well. So, Council, any questions for Matt?
Bird: I have none. Just thank you.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Meridian City Council
March 18, 2014
Page 6 of 56
Cavener: Not so much a question, just more as a comment. I would reiterate what Matt
said that this commission does have a grand time. As their liaison I enjoy the lively
discussion that this group has. I think it's important for the public to know, too, that the
Parks and Rec Commission is a working commission, so not only do they come and
discussion a variety of topics, but they also work on them throughout their meeting and I
think that makes you as an organization very effective and I'm appreciative of your time
and your volunteering.
Stoll: Thank you.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Matt, I as well thank you all -- your entire commission. You're the hardest
working bunch of folks that I could imagine to put together to get something done and
you all have that goal of let's get something done for Parks and Rec and you do a great
job. You did mention one thing and I think we have all supported it, the plagues for the
parks and you're kind of in a final form. I know we have seen them, but it might be a
good idea to see them one more time, particularly with the historic knowledge that
Councilman Bird has particularly on things that have gone and me, to make sure we
don't forget somebody. We don't like to do that, but occasionally do. So, I think that
would be good to do as part of your final review of those, if you would. Other than that,
keep up the good work and help support the city's desire for the best and grandest
parks and recreation system that we can put together.
De Weerd: And pathway system.
Rountree: And pathways.
De Weerd: Any other comments from Council? Okay. Thank you again.
Stoll: Thank you. Have a great night.
De Weerd: And I ask that -- I know that Tiffany and Phil are here. Will you, please,
stand up as well. I know the Council knows you, but we appreciate our citizen
volunteers. So, thank you.
B. Historic Preservation Commission: Annual Report
Presentation
De Weerd: Okay. Our next report is from Blaine Johnston and he will come and talk
about our Historic Preservation Commission that also had some exciting things that you
have been working on over the last year. So, welcome to our Council meeting.
Meridian City Council
March 18, 2014
Page 7 of 56
Johnston: Madam Mayor, excuse me, Members of the Council, thank you for this
opportunity to summarize what Meridian Historic Preservation Commission has been
doing. My name is Blaine Johnston, I am chairman of the Meridian Historic
Preservation Commission. Excuse me. In 2013 we partnered with TAG Historical
Research and Consulting Group, to develop a five year plan for the commission. The
goal of this partnership is to identify and prioritize areas of historic significance within
the City of Meridian, determining which areas are at greater risk for losing their
structural integrity and/or being compromised by development. As a commission we
use this information to schedule and pursue additional survey of the area, as well as
consider possible nominations to the National Historic Registry. The plan includes a
comprehensive history of early Meridian and summarizes the work the commission has
done to this point, including details on previous property surveys and the properties
listed on the national registry. A copy of this plan is available for you to view at the city
clerk's office. We encourage all residents to review it and gain a greater understanding
of the part each person plays in their own history. The commission celebrated National
Historic Preservation Month in May by hosting three presentations. This year was
especially important to Idaho as Idaho celebrated its territorial sesquicentennial with
three presentations that discussed topics are -- were of irrigation, the interurban
railroad, and Abraham Lincoln's efforts on effect of Idaho's early development.
Approximately 35 citizens attended each of the events in City Council chambers. We
received statewide recognition for these presentations through Preservation Idaho.
Many Meridian residents are completely unaware of what an important role irrigation
plays in survival of our community. Preservation month is always a great opportunity to
not only remind citizens to preserve our history, but also our natural resources. If the
Boise River is not maintained and cared for, irrigation ditches in our community will not
function. We live in a desert and our resources should be protected carefully. The
historical society also put together a wonderful program that allowed residents the
opportunity to learn quick and fun facts about Meridian's early properties and
residences. If This Property Could Talk signs located -- were located all over downtown
area and display the character that makes Meridian such a unique and vibrant
community. This low cost outreach program is a nationwide effort -- event and each
May If This Property Could Talk signs can be found on main streets all across the
country. HPC also has a presence through social media. The Meridian History Center
has a page on Facebook, so if you have not had a chance to go out and like us, please,
do so. HPC took on a major endeavor this year and created our history page on the
city's website. While the commission maintains the external page through WIX, the site
through meridiancity.org is more comprehensive. It includes a history of the area, early
residents, tons of commission news, and property information. It is through this new
website the multi-media portion of the newly revamped walking tour will be available.
Members of the commission also participated in walking tour subcommittees. This
group features a unique partnership with the city, Meridian Development Corporation,
and Historical Society, whose goal is to revamp and re-launch the updated walking tour
program. The updated tour provides citizens with a fully accessible multi-media
historical experience. The tour will begin at City Hall with the first of hopefully many
historical interpretive signs. This panel, designed and fabricated by Trademark Sign
Company will provide a brief synopsis of the walking tour and an eye catching marker.
Meridian City Council
March 18, 2014
Page 8 of 56
The walking tour brochures will be kept in a waterproof holder attached to the panel.
The new brochures will include quick read or QR codes that are directly linked to our
history page within the city website. For those of you who are unfamiliar with this
technology, QR codes are similar to website addresses, except the data is stored on an
icon accessible to an app on your smart phone. This new to our history website and
highlights each of the properties on the walking tour. A citizen can walk the tour and by
using their smart phone view the website and additional information and videos that
feature historian Lila Hill and her unique and valuable perspective on the early
community and residents. The commission is hopeful that this new signage will grab
the attention of a few new guests and provide an opportunity for schools, families, and
even the youngest of historians to experience life in early Meridian. This will become
just one more asset keeping Meridian residents in our downtown and, hopefully,
discovering all that is unique about our main street. If you do not have a QR on your
smart phone or iPad, and you are interested in this technology, you're welcome to stop
by the city clerk's office and Jacy Jones will get you set up. Working with the history
center and historical society, the city now has access to many new and never publicly
seen photographs. Original slides are being converted -- original slides are being
converted to digital jpeg images and printed for public viewing. These new photographs
are going to provide an even more and wonderful experience toward visitors to the
history center. The commission is looking forward to even bigger 2015 and we
appreciate all that's moving forward. And I messed up and forgot to go through the slide
show. I'm going to leave you now with a few images of these wonderful gifts of our
community. That's our preservation month. If our -- if this property could have walk
signs around the town. Our Facebook website. This picture is of the site at Demond
Orchard on Ustick Road. This is the east side of Main Street between Idaho and the
alley. It features Sooner Drug. Dr. Toms, M.D. Post office and Victals Grocery. This
Meridian High School orchestra, 1935 photo. And with that I will open myself up to any
questions. And I'm sorry for my nerves.
De Weerd: Sonya, can you back it up? I think we skipped over one that showed --
yeah. Right there.
Johnston: The walking tour.
De Weerd: The walking tour. I know that there was a lot of work in that and I would like
to in particular call out Jacy Jones. She was an incredible resource, did a lot of leg work
on this, as well as Brian from the planning department. They -- and Natalie also from
my office put a lot of work into this, in addition to the subcommittee from the Historical
Preservation Commission. So, this is going to take off in the -- we hope next month if
we can get the signs up. If not, it will match the history month. But this is -- this is a
special project that I look forward to rolling out to our community and hope that they get
a better understanding of -- of the roots -- the deep seated roots of our community and
what's -- what's of value and I think that most of the City Council members up here have
had a tour by Lila Hill, but this now allows us all to have a tour by Lila as we walk
through the community and we hope that those -- I think it's the fourth graders that
come through and do a lot of these walking tours. I hope they can take those brochures
Meridian City Council
March 18, 2014
Page 9 of 56
home and share it with their families, that you can go on the computer and take the tour
virtually on the computer or I hope that these kids are so excited about it that they drag
their parents downtown and take that tour and experience it first hand. So, we
appreciate everything that you have done, Blaine, and I will ask the Council if you have
any questions.
Bird: Just great work. Appreciate it.
Rountree: Thanks for keeping our history alive.
Johnston: We are working at it.
De Weerd: Yes. Thank you.
Johnston: I thank you.
De Weerd: Might be a more interesting scout outing than a City Council meeting.
Although I think that our City Council meetings are really interesting, as you will soon
find out, but the history walk will also be something that will be of great value.
Item 7: Items Moved From Consent Agenda
De Weerd: Okay. There were no items moved from the Consent Agenda.
Item 8: Action Items
A. Public Hearing: TEC 14-003 Seyam Subdivision by Volante
Investments Located North Side of E. Franklin Road and East
of N. Eagle Road Request: Two (2) Year Time Extension on the
Preliminary Plat
De Weerd: So, we will move to Action Items. The first item, 8-A, has -- staff has
requested continuance to March 25th. There was an error in noticing, so we apologize
if there is any member of the public that came for this public hearing, but due to the
notice error we will have to continue this to March 25th. With that said I will go ahead
and open the public hearing and ask Council for a motion to continue.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we continue TEC 14-003 to March 25th, 2014.
Rountree: Second.
Meridian City Council
March 18, 2014
Page 10 of 56
De Weerd: I have a motion and a second to continue Item 8-A to the 25th of March. All
those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
B. Public Hearing: AZ 13-015 TM Creek by SCS Brighton, LLC
Located Southeast Corner of W. Franklin Road and S. Ten Mile
Road Request: Annexation and Zoning of 45.34 Acres of Land
with C-G (34.82 acres), R-40 (3.94 Acres) and TN-C (5.58 Acres)
Zoning Districts
C. Public Hearing: PP 13-030 TM Creek by SCS Brighton, LLC
Located Southeast Corner of W. Franklin Road and S. Ten Mile
Road Request: Preliminary Plat Approval Consisting of Forty-
Nine (49) Building Lots and Three (3) Common/Other Lots on
41.03 Acres of Land in the Proposed C-G, R-40 and TN-C
Zoning Districts
De Weerd: The next two items, B and C, are public hearings on AZ 13-015 and PP
133-030. I will open these two public hearings and ask for staff comments at this time.
Watters: Thank you, Madam Mayor, Members of the Council. Next applications before
you are a request for annexation and zoning and a preliminary plat. This site consists of
41.03 acres of land. It's zoned in Ada County and is located on the southeast corner of
West Franklin Road and South Ten Mile Road. The applicant is requesting annexation
and zoning approval of 45.34 acres of land with C-G zoning, which consists of 35.82
acres. TN-C zoning, which consists of 5.58 acres. And R-40, 3.94 acres. Consistent
with the future land use map designations for this site of mixed use commercial, lifestyle
center, and high density residential. The applicant proposes to develop mixed use
projects consisting of office and retail from service and restaurant pad sites to mid size
commercial and multi-family residential uses. A concept plan was submitted as shown
that depicts building pads, parking, access points, streets, driveways, landscape
buffers, easements and a pathway along the Ten Mile Creek. Multi-family residential
uses are proposed in the R-40 district at the southeast corner of the site. The proposed
preliminary plat consists of 49 building lots and three common other lots on 41.03 acres
of land. The applicant anticipates the development will be phased. However, a phasing
plan was not submitted with this application. Access to the site is proposed as shown
here on the concept plan via one right-in, right-out, one right-in, right-out, left-in and one
full access via Franklin Road. Two right-in, right-out accesses and one full access via
Ten Mile Road. The concept plan depicts an approved traffic signal for the full access
on Franklin Road at the Franklin Avenue intersection to be installed when warranted in
the future. During the recent widening of Franklin and Ten Mile Roads all of the curb
cuts for access were constructed and have been approved by ACHD based on the Ten
Mile area access study prepared by HGR Engineering on behalf of the Brighton
Corporation. Deceleration lanes were also constructed for the two accesses closest to
the Franklin-Ten Mile intersection on Ten Mile Road and the access closest to the
Meridian City Council
March 18, 2014
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collector street off Franklin Road. Two collector streets, one east and one west --
excuse me -- one east-west, Ten Mile Creek Drive, and one north-south, Franklin
Crossing Avenue, are depicted on the plat via Ten Mile and Franklin Roads in accord
with the transportation plan for this area and terminate in a cul-de-sac at the south
boundary of the site. There are a total of six driveway accesses, three on each side,
proposed via Franklin Crossing and two via Ten Mile Creek Drive. A waiver for the
access standards in UDC 11-3A3 is needed from City Council for approval of the
proposed accesses via the collector and arterial streets. Staff recommends cross-
access ingress-egress easement is granted to the property to the east for future
interconnectivity. A 35 foot wide street buffer is proposes along Ten Mile and Franklin
Roads in accord with UDC standards. A sidewalk was constructed along Franklin Road
and along a portion of the Ten Mile Creek Road near the intersection with the recent
road widening projects. A segment of the city's multi-use pathway system is designated
through this site along the Ten Mile Creek to the Franklin-Ten Mile intersection and also
along the frontage of the site along Ten Mile Road. The Ten Mile Creek bisects this site
and is a natural waterway. The applicant proposes to pipe approximately 300 feet of
the creek nearest to Franklin Road as shown here in the red dotted line and they
propose to enhance the open portion of the creek with landscaping and other amenities.
Because the UDC and the Comprehensive Plan requires natural waterways, such as
this, to remain open and not be piped, staff recommends the site plan be revised
accordingly, unless otherwise approved by Council. A portion of this site is within the
Meridian flood plain overlay district. Prior to any development the applicant is required
to submit a flood plain development application. Conceptual building elevations were
submitted as shown, showing the type of structures that may be built within this
development. All structures are required to comply with design standards in the UDC,
guidelines in the design manual and design elements of the Ten Mile Interchange
Specific Area Plan. The Commission did recommend approval of this application. Mike
Wardle and David Turnbull testified in favor. No one testified in opposition or
commented on the application. Written testimony in response to the staff report was
submitted by Mike Wardle. Key issues of discussion by the Commission. First, the
buildings should be more oriented around the creek to tie in with the pathway and creek
amenities to create more of a pedestrian environment throughout the site. Leaving all of
the Ten Mile Creek open as required by the UDC versus tiling a portion of it as
requested by the applicant. Providing a pedestrian bridge across the creek for
pedestrian interconnectivity. And requirement for the structure shown on the concept
plan at the northeast corner of Ten Mile and Ten Mile Creek Road -- Drive, excuse me,
to hold the corner. That would be the structure right here. See by my pointer. The
Commission made the following changes to the staff recommendation in the staff report.
They voted to strike condition number 1.1.1 K, which requires the structure I just
mentioned at the northeast corner of the Ten Mile and Ten Mile Creek Drive to be
shifted to the corner. They modified Condition 1.1.1 R to include office uses north of the
creek to include the language where feasible in reference to buildings being designed
with multiple sidewalk entries. A clarified Condition 1.1.3E to only require grass within
the ten foot wide area proposed for future expansion along the north side of Ten Mile
Creek Drive, which would be down here. And modify Condition 1.1.7 to remove the
reference to a specific agency from which an easement is required for the pathway
Meridian City Council
March 18, 2014
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along the creek and last they added a condition requiring sidewalks to be provided
internally along all major drive aisles for pedestrian connectivity. Outstanding issues for
Council. The applicant is requesting a waiver to UDC 11-3A-3 for approval of the
proposed access points to the collector and arterial streets as shown. Secondly, the
Ten Mile Creek is a natural waterway that bisects this site, as I mentioned. As such is
required to remain open as a natural amenity and is not allowed to be piped or
otherwise covered per the UDC. The applicant is requesting approval to pipe
approximately 380 feet of the creek nearest to the Franklin Road intersection as shown.
And, last, they want to -- the applicant would like clarification on the Commission's
recommendation that the major drive aisles all have sidewalks for pedestrian
connectivity. We were unclear -- the Commission did not say whether they wanted
sidewalks on one or two sides of the major drive aisles. So, we need clarification on
that. Major drive aisles would be like the ones coming in here from the access from the
arterial, so -- written testimony since the Commission hearing. There has been none.
Staff will stand for any questions Council might have.
De Weerd: Council, any questions at this time?
Bird: Not at this time, Mayor.
De Weerd: Okay. Thank you for joining us. If you will, please, state your name and
address for the record.
Turnbull: Madam Mayor, Members of the Council, David Turnbull, 12601 West Explorer
Drive in Boise.
De Weerd: Thank you.
Turnbull: You know, this project has been in planning for a number of years. I was
reminded by Steve Smith ten years ago he came to me and said would you like to buy
this property. I'm headed to Russia on a church mission. And I said, yeah, okay, we
will do that and so we have been planning on this in one way or another for about ten
years now. Since that time I think a number of -- Mayor Tammy and a number of the
Council Members have been here throughout, I think. Councilman Borton maybe took a
recess during that period of time and came back and, then, welcome the new Council
Members that maybe don't have all of the history on this project, but I know you're as
keenly interested in it as the rest of the members of the Council. Appreciate the support
we have received from staff through this process. We have had countless meetings, we
have gone through a number of issues, we have tried not to rush anything in this regard,
so we have met numerous times with Planning and Public Works and Parks Department
staff -- had, obviously, a number of meetings with ACHD and ITD and Nampa-Meridian
Irrigation District. So, what we bring here before you -- Sonya, if you could -- how do
advance this?
Watters: I'm not sure. It's a pdf file. I will advantage it for you if you would like.
Meridian City Council
March 18, 2014
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Turnbull: So, what you see here is a conceptual site plan. Now, of course, we don't
know where -- what every user is going to be and how they are going to need to
configure their specific sites, but this gives you an idea of the important elements, which
would be circulation, both vehicular and pedestrian, the treatment of important
amenities, the Ten Mile corridor, Ten Mile -- I would say this: If we go to a meeting with
Nampa-Meridian Irrigation District and we call it Ten Mile Creek they censor us, throw
us out, and say that's a drain. If we come to the city and meet with staff they say that's
Ten Mile Creek. If we call it Ten Mile Drain they throw us out. So, we will just call it
facility and let you interpret. But the Ten Mile facility is -- is an important facility and we
have struggled with this about how to treat it and I will talk about that a little bit -- a little
bit more. But, anyway, as I mentioned, we -- I want to focus on the circulation and
vehicle and pedestrian access. The inclusion of a main street element -- and this goes
back to some previous Council hearings as we have gone through this whole process
about your desire to maintain a main street corridor along that Franklin Crossing we call
it access at the signal there. And we have -- we have held true to our commitments
there and we are providing that. One of the major discussions at the Planning and
Zoning Commission, as Sonya mentioned -- yeah, you can go to that -- was what does
the pedestrian access look like and we didn't have an exhibit adequate to demonstrate
that, it is something that we had planned for, but on this scale it's difficult to see. So,
this makes it much more clear. The black bold lines would demonstrate pathways and
sidewalks within the right of way, as you will notice there off at Franklin Crossing
intersection there is a 12 foot sidewalk, because that's where the buildings are brought
up to the street and so a wider sidewalk. We -- we went over this with staff about it. It
would actually be ten feet or 12 feet. We decided on 12 feet. And, then, there is a
regional pathway system that comes along to the intersection there at Franklin and Ten
Mile and continues up and ACHD works with the city's Parks Department about
continuing that up to that first access on Franklin Road. From there we are proposing a
Ten Mile path -- a ten foot pathway to connect over to the Ten Mile facility. So, those
are the important elements that we wanted to focus on and as you can see with regard
to the waiver that we are requesting on the access, as you know these accesses were
all approved by the City Council a number of years ago, approved by ITD and ACHD
and we treated those more or less -- not just -- it's not like they are direct accesses, like
-- not like direct lot access. As you can see we have created more of a private street
environment where you have to pull into the development before you access any
parking. There is no direct-on parking to any of these access points. And that also
provides us with the opportunity to construct sidewalks. Now, our intention has always
been to have a sidewalk on one side. We think that that's sufficient for purposes of
pedestrian circulation. The second question is the Ten Mile -- well, this is -- this is the
condition that's in 1.1.1A and B, so we will require the waiver from the City Council. If
you could advance to the next one, Sonya. The next portion is the Ten Mile Creek
facility. And as you can see here there is a portion of it where two access points
combine -- there is just no way to -- at that awkward angle to treat this much differently
than we are proposing. It's a fairly deep facility and, you know, just with the access
requirements that Nampa-Meridian has, also the ability to provide pedestrian access to
get people up and down in that short span, plus the overall vehicular and circular --
pedestrian access, it's important for us to be able to do this and, in return, we have
Meridian City Council
March 18, 2014
Page 14 of 56
focused heavily on what we could do to the balance of the -- the facility and so -- if you
would advance to the next slide, Sonya. This is demonstrates where those access
points come in and, essentially, we -- if we put a bridge over or whatever we have to do,
it's mostly a covered facility anyway. So, the next one, Sonya. Okay. So, we worked
with The Land Group pretty extensively and met with Nampa-Meridian Irrigation District
and as you can imagine they have their own sets of concerns and we have been
working with them about how we could take this and make it something out of the
ordinary. The ordinary course of dealing with facilities like this is sort of turn your back
on it, maybe you have got an access -- or a maintenance facility and sometimes you
can get dual access on those, but we wanted to treat that in a -- in a different way, turn
it into a real amenity and as you can see the orientation of these buildings, we have
really tried to create an atmosphere here where these buildings can take advantage of
that corridor, there could be outdoor patios, if there were a restaurant there it could be
outdoor dining. If you would advance to the next slide, Sonya, that gives you a glimpse
of the character. As you come up to that first intersection we would have a view plaza
that overlooks that area, along with the kiosk there that you see on the corner and, then,
that gives you a -- just a glimpse of what we are trying to do, working with Meridian city
and the Parks Department, Nampa-Meridian Irrigation District and the Corps of
Engineers to create something that we think could be an outstanding amenity, not just
for our development, but for the community at large. So, I think Sonya properly covered
all the other issues. I would say that in the Planning and Zoning Commission hearing
we -- we discussed this fairly extensively and I think that the Planning and Zoning
Commission was favorably disposed, but they recognize that this requires City Council
action, so they didn't -- they weren't able to take -- you know, they don't make
recommendations on that. So, with that I would be happy to stand for any questions
and if I missed anything that didn't cover some of the questions you may have I'd like to
answer those now.
De Weerd: Thank you, David. Council, any questions?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Davis, on the concept plan -- if you could pull that up. What's the general
location of where the cross-access to the east would be? Is that there on Ten Mile
Creek?
Turnbull: Excuse me. Could you repeat that?
Rountree: What's the location where cross-access to the east would be provided?
Turnbull: Access to the east would be in a couple of locations. Of course, off of Ten
Mile we have a street at the quarter mile section and that is anticipated to be a shared
facility and, then, again, at the quarter mile section where Franklin Crossing comes in,
there is planned to be a roundabout at our common property line there.
Meridian City Council
March 18, 2014
Page 15 of 56
Rountree: All along Ten Mile crossing -- well, not all along. I mean there is, obvious,
limitations on where that access can be, but Ten Mile Crossing -- is that what it's called,
Mike? The east-west street off Ten Mile. Ten Mile Crossing. So, that would be a
shared facility with the neighboring property owner.
Rountree: Another question for David. What's the discussion been like with the Corps
on covering that portion of the Ten Mile facility?
Turnbull: We have discussed this fairly -- peripherally with the Corps. They won't say
much until they get an application. We have talked pretty extensively with Nampa-
Meridian and with David Miles from your office about the process here. We have
provided flood way studies, you know, what the facility would do to the flood plain and
so forth and once we get your concurrence, then, we can submit an application to the
Corps. We may have to do mitigation. We don't know exactly what they would require,
but the impacts to -- the impacts that they have jurisdiction over are fairly minimal. I'm
speaking in terms of per -- you know, how many square feet of impact we might have.
Rountree: Of wetlands.
Turnbull: Yeah. Right.
De Weerd: Okay. Council, any other questions?
Bird: Not at this time.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Rountree: David, I apologize if I'm not picking it up. Back to Councilman Rountree's
question with the cross-access to the east.
Turnbull: Yes.
Borton: And if you can -- if you can dot on there -- are we talking on just the property --
the road on the southern boundary, the one you were referencing?
Turnbull: How do I --
Watters: Select your color at the top, David. Push the button on the color you want to
select and you should be able to write on it. On the very top of the -- yeah.
Turnbull: All right. So -- what was your question again?
Meridian City Council
March 18, 2014
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Borton: The cross-access to the east that was referenced, that Ten Mile Creek Road on
the southern boundary of your project --
Turnbull: Can you point that out, Sonya?
Watters: The east edge right here.
Borton: That's the east edge, but --
Turnbull: Oh. Excuse me. To the east?
Borton: Correct.
Turnbull: Oh, I'm sorry. I was thinking to the south. There is going to be cross-access
along the red dashed line here. Do you see that red dashed line?
Borton: Yes.
Turnbull: Okay. That's where that access would be.
Borton: Okay.
Turnbull: I'm sorry, I probably confused Councilmember Rountree as well, so I
apologize for that.
Rountree: Well, you answered that on the south side.
Turnbull: Yeah. Okay.
Borton: Thank you.
De Weerd: Council, any other questions?
Bird: I have none.
De Weerd: Thank you, David. This is a public hearing on Items 8-B and C. Is there
anyone who wishes to provide testimony on this application?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Seeing none, I move that we close the public hearing.
Bird: On both of them?
Meridian City Council
March 18, 2014
Page 17 of 56
Rountree: What's that?
Bird: On both of them?
Rountree: On both. Yes.
Bird: Band C. Second.
Rountree: Band C.
Bird: Second.
De Weerd: I do have a motion and a second to close the public hearing. Council,
before I ask you if you're in favor or not, there were a couple of items outstanding for
City Council to consider. Do you want to close the public hearing before you discuss
those or -- in case you have a question for the applicant?
Rountree: That would be fine if there is questions.
Bird: They answered mine.
De Weerd: Okay. Well, I do have a motion and a second to close the public hearing.
All those in favor say aye. Any opposed say nay. Okay.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
De Weerd: Okay. Council, any discussion or do I have a motion?
Bird: I got a -- Madam Mayor?
De Weerd: Mr. Bird.
Bird: I got a question for Bill. Bill, if we allow the tiling of the Ten Mile Creek, it would
strictly be with the approval of the Corps of Engineers, which I know they have the final
-- would have the final say over that, is that not true?
Nary: Mr. -- Madam Mayor, Members of the Council, Council Member Bird, yeah, that's
correct.
Bird: Okay.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Meridian City Council
March 18, 2014
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Borton: Follow-up question for Mr. Nary to that. What happens procedurally if for
whatever reason they saw no down the road, does this come back? Does the applicant
-- perhaps want to change their plan immensely, I would presume.
Nary: Madam Mayor, Members of the Council, Council Member Borton, I guess you
could do a couple different things, but you have closed the public hearing, but you could
ask for those alternatives from the --from the applicant as to what they want to do in the
case of that. Otherwise, they are going to be forced to come back, because I don't think
the alternative is in the document today. If I remember in the -- I have got the -- the
findings up in front of me and I'm trying to recall specifically if there is alternatives,
otherwise, I think they have just asked for the waiver or the ability to tile. So, you could
ask for that so you can incorporate that to avoid them having to come back again in the
chance that those get -- that request gets denied.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: What's the process if the applicant comes back -- what are they coming back
for? Is it to amend this application that we are hearing tonight? What --
Nary: Well, Madam Mayor, Members of the Council, yeah, because your findings are
going to grant the permission to the in the alternative -- or, excuse, the at the request. If
that's not granted, then, they can't tile. So, the -- obviously, they would, then, have to
leave it open. I think the testimony has been there is some safety considerations, as
well as their design doesn't incorporate it not being tiled. So, the -- they would be
forced to do that, which means they would, then, have to come back and ask for
amended findings and findings would probably be incorporated to the development
agreement, so they would need to come back and amend that as well. But -- so, all I'm
suggesting is that if you -- if you want to at least cover that particular provision, since
you aren't the final -- the final decision maker on that, it might be -- it might be the
easiest to simply look at what alternatives would exist today or what's likely. It may be
they don't have an alternative at this point and so maybe there is something we could
incorporate in the finding today that if that were to be denied they would have to look at
it engineeringwise as to what's the most appropriate way to remedy that.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: To that point, Mr. Nary, thanks for those answers. It seems important to me --
and (wouldn't necessarily task the applicant to try and answer what the alternative
design would be and solution at this point, because that would be a pretty major
redesign of at least that portion of the project. Part of the reason, in my eyes, that it
appears to be justified in this circumstance to grant a waiver and allow it to be tiled is
because there is a transportation plan many years in the making and a consistent
Meridian City Council
March 18, 2014
Page 19 of 56
pedestrian plan that incorporated it being tiled. So, were that to be denied in the future
that seems like that would be an understandable -- understandably large change to
what -- what's being proposed. So, it would come back.
Nary: Madam Mayor, Members of the Council, Imean -- Council Member Borton, I
think -- I mean I think you're absolutely right. The assumption is that they haven't
brought us this far without contemplating the possibility that it wouldn't be granted. But
you're right, the likelihood it seems very remote, because it does seem to fit in the
character of the area and what's been planned with the other -- with the other facilities
around the area, the roadways, the overpass, all the other things that are there. So, I
would agree with you, it's probably unlikely and if they don't have an alternative it
certainly isn't fatal to tonight's hearing.
Borton: Okay.
Miles: Madam Mayor, if I may interrupt.
De Weerd: Yes. David.
Miles: I'm happy to provide some input now. My name is Dave Miles, I'm the surface
water administrator and the flood plain administrator for the city. We have worked with
Brighton on the application for the flood plain mitigation, of which a portion of it has to
do with the tiling of the Ten Mile Creek. Ultimately their engineering for the hydrology
worked through the flood plain application is what will address any input that the Corps
might have and if the Corps does have input it's ultimately -- it's kind of design driven.
If the applicant chooses to do Scenario A and change the course of the water, the
Corps will simply require that through the flood plain application that they have to
mitigate how that analysis is handled and, essentially, they will be changing a flood plain
map and go through the public noticing process if that's the scenario they choose. If
they choose a different scenario that keeps them within a certain range of tolerance of
the water flow or the water boundaries, then, they won't necessarily have to address the
Corps of Engineers directly, they will handle it all through the flood plain application.
So, ultimately, the solution is however far the design wants to go in the hydrology and
it's answerable through the FEMA process based on what they choose to do. There is
certain public outreach that they would have to do, but rarely have I seen the Corps
deny a permit based on the flood plain application and the requirements that we have
under our city ordinance. So, hopefully, that provides some input that might be of value.
Borton: Thanks, Dave.
De Weerd: Thank you, Dave. Other questions from Council?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Meridian City Council
March 18, 2014
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Zaremba: While David is there let me pose an idea. It does make sense to me for this
to be tiled. It would be significant detriment to have to figure out how to navigate around
it and how to get traffic around it, pedestrians and vehicles and they would probably
lose at least one building if they had to leave it open. So, assuming that we are making
the suggestion to the Corps to -- to the this part, I would also expect if the property on
the north side of Franklin ever develops the creek takes a turn there and cuts off,
essentially, an unusable piece of property, they are likely to ask to the that corner
section of it, which brings me back to what ACHD has there for the crossing at the
moment is a bridge. So, where I'm going with a question is if this developer is going to
the it, should they be required to the to the center line of the road or just to their property
line, anticipating that the piping may continue? Is there any need that we would be
worried about that?
Rountree: David. Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: If you will. Given the discussion I would make a motion that we reopen the
public hearing on Item 8-C.
Bird: Second that.
Zaremba: Second.
De Weerd: I have a motion and a second to open up the public hearing. All those in
favor say aye.
Bird: Just on one. Just on the PP.
Rountree: Just on the preliminary plat.
Bird: Preliminary plat. 8-C. Not the B.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I would note for the record that nobody left the room during the period that
we had the public hearing closed.
De Weerd: Okay. Are you sure you don't want to just open in on both of them?
mean --
Bird: This has nothing to do with the zoning.
Meridian City Council
March 18, 2014
Page 21 of 56
De Weerd: Well, this one doesn't. You may find another point. Just in -- if you're going
to open them --
Rountree: Open B as well.
Bird: Both of them. I don't care.
De Weerd: Okay. And the second doesn't care.
Bird: No.
De Weerd: But agrees.
Bird: I agree.
Rountree: He cares.
De Weerd: Okay. We would like to open the public hearing on Items 8-B and C. All
those in favor say aye. All ayes.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
De Weerd: Okay. So, Mr. Zaremba, do you have additional comment or --
Zaremba: Yeah. That was my whole question. Should we be talking about piping to
the center line or just to these -- to this property line? Thinking of some future
possibility.
Miles: Madam Mayor, Councilman Zaremba, currently at the intersection ACHD's
bridges currently go -- extend to the right of way I believe. So, what -- essentially, what
the developer is proposing to do in this project is connect that from the intersection and
the roadway back, if I'm not mistaken. So, effectively, this project will pipe from an
intersection about 400 feet back from the intersection up to that intersection and be
congruent and continuous with the current culvert that ACHD has there and, then,
ACHD's culvert ends on the opposite side -- the north side of Franklin Road. I think that
the discussion for the adjacent property on the north side might be one that --
depending on what that developer might propose is where some discussion comes into
how to handle that, whether it's tiled or handled as a future amenity of some sort. Under
this application Brighton proposed kind of an amenity trade off to the piping presented to
the -- to the Public Works Department, but I believe to answer your question that it's
currently proposed to pipe all the way to the right of way existing bridge that ACRD has,
so it will be a continuous piped channel.
Zaremba: Okay.
Meridian City Council
March 18, 2014
Page 22 of 56
De Weerd: Does the applicant want to make any comment on -- on this item that's
being discussed?
Turnbull: I would just like to --
De Weerd: David, if you will --
Turnbull: David Turnbull.
De Weerd: Thank you.
Turnbull: I'd just like to thank David Miles for the clarity he's offered here. I think he's
absolutely correct and -- and he offered a better explanation than I could about the
application process going forward.
Rountree: Madam Mayor?
Miles: For the record, I would never throw Brighton out of the office if they used the
creek or ditch or drain.
De Weerd: Mr. Rountree.
Rountree: If I could get David to come back. You did not respond to the Commission
changes and recommendations that were identified. Do you support those? Do you
want changes to them?
Turnbull: No. We support -- we support the Commission's recommendations and the
only two remaining items were the waivers that were required for the City Council. I did
clarify, I think, that our proposal for the interior pedestrian circulation was on one side of
aisle.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: David, did that -- one of the comments was with regard to the pedestrian bridge
crossing along -- over the creek.
Turnbull: Uh-huh.
Borton: Is that included and, if so, where, roughly, might that be?
Turnbull: Well, nothing was ever discussed specifically about that. It's something I
suppose we could include. It would also require a level of approval from Nampa-
Meridian Irrigation District, depending on whether it interfered with their operation. We
haven't discussed it with them and we wouldn't -- we don't have approval from them.
Meridian City Council
March 18, 2014
Page 23 of 56
It's something that can be discussed, but they are pretty sensitive about limiting the
number of crossings to it, because it interferes with their operation.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: I appreciate that, David, and to the earlier question, I think it's -- it would be a
value item Iwould --Iwould want included into it. Part of the basis that I see the tiling
being justified is how you have described what you're doing to the remaining open ditch
lateral canal waterway.
Turnbull: I understand that.
Borton: You have made it an amenity and discussed having the building layouts try and
accentuate that, which I think is phenomenal and I think that's for me a big factor in why
it makes sense to -- to grant the -- the relief requested with tiling it. I think the
pedestrian bridge would be incorporated to further enhance that amenity and make it
more accessible and visible to the public. So, I would ask --Iwould want that included
as part of it. I think it makes sense.
Turnbull: Madam Mayor, Council Member Borton, that's something we can certainly do
if -- if we can design a pedestrian facility --
Borton: Sure.
Turnbull: -- that meets their approval.
Borton: Understood.
Turnbull: That's acceptable.
Borton: Okay.
De Weerd: Understandable. Any other questions for the applicant?
Bird: I have none.
De Weerd: Okay. David, I guess I would have a question and this is just more out of --
you were an active participant in the Ten Mile Area Specific Plan and the whole idea of
doing it this area specific plan was to make it easier to go through our process, so -- and
I know between doing this plan and now that things are starting to pick up, we need --
we might have a little oil needed to our process, but is it working as we had -- had
hoped or maybe at the conclusion of this we can sit down and have a debrief to -- to see
how this can be better facilitated. If we are meeting the intent of the plan the whole idea
was that this should get through in a seamless process.
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March 18, 2014
Page 24 of 56
Turnbull: Uh-huh. Yeah. I don't know that Icould -- you know, I want to take your time
to talk about that here. I would be happy to sit down with you. I have no complaints
about working with the city and working with staff. There probably are ways that the
process could have been initiated and followed through differently that would have
helped, but, yo.u know, those are things that we can discuss offline and I would be
happy to give my input, but --
De Weerd: Well, I -- yeah, I didn't want specifics, but --
Turnbull: Right.
De Weerd: I would like -- I think it would benefit our team to -- to debrief and see -- this
is -- this is new to all of us and we want to -- to make this plan work --
Turnbull: Right.
De Weerd: -- as intended.
Turnbull: I understand that and I would be happy to meet at anytime.
De Weerd: Well, thank you again for -- for -- this looks like an amazing project and
something that was envisioned as the area specific plan was designed for a mixed use,
higher densities and -- and I think you have done a nice job with that.
Turnbull: Thank you. We are pretty excited about it and I would say in the ten years
that's past since we started this none of you have aged a day, so --
De Weerd: Oh, wow.
Rountree: Whoa.
De Weerd: Can't beat that. I guess that really stumped us, uh? Okay. Council, any
further information needed for the applicant or for staff?
Bird: I have none.
De Weerd: Okay.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I will remake my motion to close Items 8-B and C.
Bird: Second.
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March 18, 2014
Page 25 of 56
De Weerd: I have a motion and a second to close the public hearings Items 8-B and C.
All those in favor say aye. All ayes.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Rountree: I do have a procedural question for Bill. On the annexation what items need
to be included in that motion with respect to the waivers, the covering of the ditch -- is
that part of the preliminary plat?
Nary: Madam Mayor, Members of the Council, I'm looking at the findings in front of me
and I think all of these are related to the plat, so -- and the annexation, but --
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve Item 8-B, AZ 13-015.
Bird: Second.
De Weerd: I have a motion and a second to approve Item 8-B. Any discussion from
Council? Madam Clerk, will you call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, absent;
Cavener, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve Item 8, CPP 13-030, subject to staff and
Commission comments, waiving UDC 11-3A-3 with respect to the access off of Ten Mile
and Franklin and approving the tiling of Ten Mile Creek with the corresponding amenity
and improvements to the creek, contingent upon the Corps of Engineers' decision and
Nampa-Meridian Irrigation District's approval and the inclusion of pedestrian access
concept as shown here this evening.
Bird: Second.
De Weerd: I have a motion and a second to approve Item C with the items included as
discussed. Any further comments from Council?
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March 18, 2014
Page 26 of 56
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: The UDC waiver concerning access only pertains to -- the request is only for
Franklin Road; correct? And not Ten Mile.
Watters: Franklin, Ten Mile, and the collector streets, Franklin Crossing Avenue --
Borton: Okay.
Watters: -- and Ten Mile Creek Drive.
De Weerd: Okay.
Borton: And Madam Mayor?
De Weerd: Mr. Borton.
Borton: As so the comment on the pedestrian connectivity, was that specifically having
the sidewalks one side as requested and a pedestrian bridge --
Rountree: As they presented here this evening and it's on one side to the specification
that they have showed in width and location.
Borton: Okay.
De Weerd: Okay. Any further comments?
Bird: I have none.
De Weerd: Madam Clerk.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, absent;
Cavener, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
®. Continued from March 4, 2014: FP 14-007 Spurwing Orchard
No. 3 by Brighton Investments, LLC Located North Side of
Chinden Boulevard, West of N. Ten Mile Road Request: Final
Plat Approval Consisting of Sixty-Three (63) Single Family
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March 18, 2014
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Residential Lots and Four (4) Common Lots on Approximately
25.85 Acres in the R-4 Zoning District
De Weerd: Thank you. Item 8-D is continued from March 4th on FP 14-007. I will ask
for the staff comments.
Parsons: Thank you, Madam Mayor, Members of the Council. Next item is Spurwing
Orchard No. 3 final plat. A few months ago the applicant came before you and annexed
the preliminary plat of this property as Spurwing East preliminary plat. They are here
tonight to discuss two conditions of approval as part of that plat, but also rolled over as
part of the final plat and as you can see here the property is located on the north side of
Chinden Boulevard just west of Ten Mile Road. Here is the approved preliminary plat
which I mentioned. Here is the final plat and the two items that the applicant wishes to
discuss with you this evening would be condition number four of the staff report, which if
you look at the plat here -- as part of the plat the applicant is dedicating or at least
setting aside a 35 foot right of way strip for ITD for future expansion. One of the
recommended conditions in the preliminary plat or the finding for the preliminary plat
require that they dedicate that lot to ITD. So, when the final plat came before me and I
issued the staff report I carried that condition over from the preliminary plat and required
that they dedicate that lot and block to ITD for future widening. In speaking with the
applicant, it was their desire to hold it as a reserve strip and, then, sell it to ITD if and
when the road is ever widened. Staff is amenable to that request. Currently staff is
amenable to changing that language from dedicate to preserve that lot for future
widening. The other item has to do -- still pertains with the same lot. Currently the UDC
requires any reserve strip of right of way that's being held and it's not going to be
widened within the next five years, the applicant is required to put in a ten foot gravel
strip and landscape the remaining with vegetation. If you look at the aerial -- I don't
have an aerial of the site, but when Jayker Subdivision to the east -- or to the west went
in they did not put in the required landscaping or the -- they put all gravel in and did not
do those improvements per their final plat and so the applicant is, basically, looking at
that example and saying if they didn't do it why are we doing that. They want to have
that consistent theme. The one other item that I wanted to bring forth to you as well is
because the applicant is required to put in a pretty substantial berm along Chinden as
noise reduction along that state facility, they actually have a berm in excess of 75 feet.
So, the UDC would -- and generally requires a 35 foot wide landscape buffer. This plat
presented to you is part -- even as part of the preliminary plat showed a 75 foot wide
landscape buffer. So, they are in excess of what the UDC requires. If it is your desire
to approve the applicant's request to remove that condition, staff is recommending that
you place a new condition on the final plat that requires the applicant obtain alternative
compliance approval to waive that landscaping and basically allow staff to move forward
as allowed under the UDC to make modifications to that landscape strip along the
highway -- or Chinden Boulevard. Other than those two issues the applicant is in
concurrence or in agreement with all the other conditions. The final plat is in substantial
conformance with the approved preliminary plat as far as number of lots and open
space. As I mentioned to you other than those two changes to the conditions the
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March 18, 2014
Page 28 of 56
applicant is in agreement, staff is in agreement and we are recommending approval and
I will stand for any questions you have.
De Weerd: Thank you, Bill. Council, any questions?
Bird: I have none at this time.
De Weerd: Okay. Would the applicant like to make any comment?
Turnbull: Madam Mayor, Members of the Council, David Turnbull, 12601 West Explorer
Drive in Boise. Just to clarify one thing that Bill mentioned. It is our desire to hold that
future right of way dedication preservation. I can tell you a little story about why. We
owned all the property between Cloverdale Road and Eagle Road at one point. We
were developing it and I was approached by somebody -- Council Member Rountree
probably knew at the time. He was on the ITD board and he called and asked if we
would be willing to dedicate all the right of way from -- not just for the -- our side, but for
both sides along what is now Boise Research Center and Hobble Creek, to ITD if they
would widen the road and I said, sure, I would be happy to do that, but tell me when
you're going to build that -- widen that road and he said they should be able to get it
done in two years and so I said okay, I donated the right of way to them and they built it
eight or nine years later. So, I like to preserve that option of whether to -- when to
convey it and whether to donate it or whether to sell it. So, that's simply the point there.
We would like to see --
Rountree: Excuse me, David. David? Excuse me. Just to clarify the record, that was
not me speaking.
Turnbull: No. No.
De Weerd: He said you knew who it was.
Bird: It was a board member.
Turnbull: Aboard member. Yes. And, then, again, I think that Bill covered the issue on
the landscaping. That road will eventually be widened. The reality is if we landscape it
and, then, ITD tears it out, they actually have to pay for the landscaping and I don't think
that's an expense that we need to -- I think that's a counterproductive thing. So,
continuing the existing theme, as Bill mentioned, with a 75 foot wide berm I think should
suffice. So, stand for any questions if you have any.
De Weerd: Thank you. Council, any questions?
Bird: I have none.
De Weerd: Okay. Thank you. Council, if there is no questions for the applicant or staff,
I would entertain a motion.
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March 18, 2014
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Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve FP 14-007, include all staff and applicant comments, including
Condition 4 and Condition 6-A.
Zaremba: Second.
De Weerd: I have a motion and a second to approve Item 8-D with the additions. Any
discussion? Madam Clerk.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, absent;
Cavener, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
E. FP 14-008 Solterra by Conger Management Group Located
Northeast Corner of E. Fairview Avenue and N. Hickory Way
Request: Final Plat Approval Consisting of Four (4)
Commercial Lots, Forty-Three (43) Residential Lots and Eight
(8) Common/Other Lots on Approximately 16.22 Acres in an C-
G, L-O and R-15 Zoning Districts
De Weerd: Item 8-E is on FP 14-008. I will ask for staff comments on his item.
Parsons: Thank you, Madam Mayor, Members of the Council. Next item is the Solterra
final plat. This originally came through last month. Preliminary -- a rezone and comp
plan change and a preliminary plat. This is the first phase of the final plat. It, again, is
in conformance with the approved preliminary plat and the landscape plan that you
acted on back in February. Probably the major difference between the preliminary plat
and the final plat this evening is the applicant's actually going to phase the residential
portion of the subdivision, so the final plat, rather than having 94 residential lots as
approved under the preliminary plat, the residential portion will plat with 43 at this time.
The only reason why this project is on the regularly scheduled agenda this evening is
staff is requesting that Council amend the condition of approval in the staff report. I
have coordinated with Mr. Freckleton in the office and he is amenable to the change to
the condition and that specific language would apply to condition number seven, which
currently in the staff report requires a ten foot public utility drainage and irrigation --
irrigation easement on Lot 13, Block 2. In working with the applicant and Mr. Freckleton
we believe that that can be reduced from ten feet to five feet. So, in my hearing outline I
have asked Council to amend the condition to change that from ten feet to five feet
along the west boundary of Lot 13, Block 2. The applicant -- I have received written
Meridian City Council
March 18, 2014
Page 30 of 56
testimony from the applicant. They are in agreement with the conditions in the final plat
and later this afternoon staff -- while it's unusual, staff did receive written testimony on a
final plat application this evening and it is from the Kleiner Family Trust. The application
here before you -- if you recall when this came through with the preliminary plat and the
rezone staff did require across-access to be in place for the commercial portions here
along Fairview Avenue. You can see here the easement is depicted on the plat here,
but there are no notes that reference what the benefit of that easement is for and so
Kleiner Family Trust sent in written recommendation or written testimony -- just want to
make sure that that easement is in place for them in the future for cross-access. I can
assure you the final plat -- condition of the final plat requires that they add a note to the
plat that either references the cross-access agreement between the properties or has a
note that says what the benefit of that cross-access is for and if you recall the recorded
development agreement on the property also requires the cross-access, both from the
residential portion and the commercial portion. So, conditions are in place to make sure
that happens. Again, they will not get city engineer's signature if those easements
aren't in place, but I did want to go on record and let you know we did receive written
testimony on this application. Other than that I will stand for any questions you have.
De Weerd: Thank you, Bill. Council, any questions?
Bird: I have none.
De Weerd: Do I have a motion?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve Item 8-E, FP 14-008 with staff's recommendation to
modified condition number seven from ten foot to five a foot wide permanent public
utilities and drainage easement.
Bird: Second.
De Weerd: I have a motion and a second to approve Item 8-E with the changes noted.
Madam Clerk, will you call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, absent;
Cavener, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
F. Public Hearing: VAC 14-001 Leisman Addition by Lawson
Design Located East of N. Linder Road and North of W. Pine
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March 18, 2014
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Avenue Request: Vacate the Ten (10) Foot Wide Public Utility,
Drainage and Irrigation (PUDI) Easement Along the Shared Lot
Lines of Lots 3 and 4, Block 3 Platted with the Leisman
Addition Subdivision
De Weerd: Item 8-F is a public hearing on VAC 14-001. I will open this public hearing
with staff comments.
Parsons: Thank you, Madam Mayor, Members of the Council. The next item is the
Leisman Addition vacation. This property was platted in 1978 through the city. At the
time that it came forward it platted two office lots. During that platting process there
were -- there was a ten foot utility easement -- public utilities drainage easement platted
along the shared lot boundary in this general vicinity. The applicant actually received a
certificate of zoning and design review compliance application to do a building addition
on this property as you can see here on the left-hand graphic here and you can see that
the proposed addition is actually going across the lot line. So, as a condition of the
certificate of zoning compliance staff requires -- after that -- as a condition of the
certificate of zoning compliance and before an issuance of a building permit, the
applicant was conditioned to provide -- or at least go through the vacation process to
get rid of that easement in order for them to obtain that building permit. As you can see
here on the right-hand side, you can see the utility easement that the applicant is
proposing to vacate between the shared property boundaries,. We have received
written letters of relinquishment from all the utility providers. They are -- all of them are
okay with the partial releasement of those easements and Nampa-Meridian says they
have no facilities within that easement area as well and, therefore, they cannot release
any easements they do not have any hold over. So, in short, staff is recommending that
they approve this easement as presented to you this evening, so the applicant can get
his building permit and do the 1,500 square foot addition to the existing building on Lot
4, Block 3. Staff has not received any written testimony on this application. We are
recommending approval as proposed this evening and I'd stand for any questions you
have.
De Weerd: Thank you, Bill. Council, any questions?
Bird: I have none.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Bill, have any lot adjustments been moved forward or are we just going to
have a subdivision with a -- one of the lots that's divided --
Parsons: Madam Mayor, Members of the Council --
Rountree: -- with the building on two different lots.
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March 18, 2014
Page 32 of 56
Parsons: Madam Mayor, Members of the Council, Councilman Rountree, at this point in
time the applicant has not proposed to do any lot line adjustment, but both lots are held
under the same ownership, so as far as the UDC standpoint they can -- and it's a
commercial lot, they can build across the lot line without adjusting the lot -- the lot line.
Rountree: Thank you.
De Weerd: Okay. Any other questions at this point? Is the applicant here? Would you
have any comment? If you have any comment you have to do it on the public record.
Even to tell me you don't have any comment you can just nod, but -- the applicant is
available for questions if we have them. This is a public hearing. Is there anyone who
would like to provide testimony on this item?
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Seeing no testimony or comment, I would move that we close the public
hearing on Item 8-F, VAC 14-001.
Rountree: Second.
De Weerd: I have a motion and a second to close the public hearing on 8-F. All those
in favor say aye. All ayes. Motion carried.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Move that we approve Item 8-F, VAC 14-001.
Rountree: Second.
De Weerd: I have a motion and a second to approve Item 8-F. Any discussion from
Council? Okay. Madam Clerk.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, absent;
Cavener, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
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March 18, 2014
Page 33 of 56
G. Public Hearing: PP 13-042 Centre Point Square by Center Point
Square, LLC Located West of N. Eagle Road and South of E.
Ustick Road Request: Preliminary Plat Approval Consisting of
Forty (40) Single-Family Buildable Lots and Four (4)
Common/Other Lots on Approximately 5.28 Acres of Land in
an R-15 Zoning District Continued to March 25, 2014
H. Public Hearing: MDA 13-025 Centre Point Square by Centre
Point Square, LLC Located West of N. Eagle Road and South
of E. Ustick Road Request: Development Agreement
Modification to Change the Development Plan from Multi-
Family to Single Family
De Weerd: Items 8-G and H are public hearings on PP 13-042 and MDA 13-025. I will
open these two public hearings with staff comments at this time.
Parsons: Thank you, Madam Mayor, Members of the Council. The next item on your
agenda is the Centre Point Square Subdivision and it's located on the west side of North
Eagle Road, south of East Ustick Road. It's actually the last 4.23 acre parcel within the
Bienville Square Subdivision. This property was before you late 2012, early 2013, and
received approval of the final plat to develop 28 townhome lots and one 4.23 acre multi-
family lot. It was annexed in 2005 with an R-15 zone and as part of that annexation and
rezone process the applicant did -- was required to enter into a development
agreement. At the time that you took action on this application in 2012 their DA
restricted the use of the site to multi-family and a single family development. We
actually tied them down to one multi-family lot and they have come back through --
through the conditional use process for amulti-family development. In looking at the
existing conditions out there the applicant felt it was better suited as more single family
development within the subdivision and so in order to move forward with that single
family development the applicant has to amend the DA and that's why he is proceeding
with that DA mod today, because currently the DA restricts it to one multi-family lot.
Here is the proposed preliminary plat. Again, it will consist of 40 single family homes.
Most of them -- the majority of them will be attached similar to what's been developed to
the south of this site. Because there is an existing private street network with this
development, single family homes are not allowed to take access from a private street
unless designed around a MEW lot and so that is what you see here centrally located
between the units -- the proposed lots. The one other item that I have mentioned to you
-- when this came back before you in 2012 and you amended the development
agreement there was a provision in that DA that required them to provide a certain
amount of open space between -- not only the townhome development to the south, but
this piece of ground as well and so through the DA the city got creative and said, yes,
you could put open space on that -- on this property provided -- and you can relocate it
provided you provide the same amount equal or greater amount provided -- equal or
greater than what was in excess of ten percent. So, essentially, what was approved
under the final plat was approximately 38,000 square feet of open space when the
townhome portion developed. This MEW lot is in excess of that requirement. So,
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March 18, 2014
Page 34 of 56
essentially, you allowed them to displace the ten percent open space or relocate it when
something came forward on this lot. Now that something is proposed for this lot they
are providing the equal amount of open space as intended on the -- under the amended
development agreement. The one other item that I wanted to point out to you as well is
with the development of the townhome lots -- or at least with the open space -- when
the townhome portions came in staff did not require a specific landscape plan for
buildable lots. Under the UDC we don't require that and staff has heard quite a few
complaints from the neighbors as to the design or the esthetics of that development
south of this proposed development. And so moving forward on this application staff
wanted to insure that this site would actually develop in a highly attractive fashion and
one of our requirements this evening is that the applicant -- first before we even move
forward on the application we wanted to insure that the landscape plan was prepared by
a landscape architect and that's what you see here. To even go in further detail and
because at the Planning and Zoning Commission the applicant testified that all of the
common lots and the buildable lots would be maintained by the HOA, we wanted to
make sure what they were proposing to construct on the buildable lots could be easily
maintained and esthetically pleasing. So, in this graphic here at least the landscape
plan that's presented to you this evening shows you, one, how the MEW lot will be
developed, but also shows you how the landscaping for the buildable lots will be
addressed. And that was a big concern for the neighbors. They were concerned about
the esthetics of this remaining piece given what's happened to the south of them on
those townhome lots. The applicant has presented elevations for you this evening, too.
Again, this is a collogue. It is meant to represent a plethora of design features. It does
not pinpoint the exact design for the development. One thing that I would point out to
the -- to the Council is the -- as you can see my arrows here, these are examples of the
existing townhomes that are currently constructed within that development. I wish I
could blow it up a little bit closer to you, but this is representative of the landscaping that
currently exists out there, which is, essentially, rock with a few shrubs and trees in the
front lawns. But I did want to go on record and point that out to you as well, because I
know the neighbors were very -- very concerned with the esthetics of that development
and it was also brought up to Planning and Zoning Commission as well and they
discussed that quite -- quite at length at their hearing. At the lower portion of this
collogue is the MEW concept that is presented. This is a typical -- at least this is to
represent how that is supposed to blend in or how to be developed and give you a real
world view of that as well. I would mention to you that commission did recommend
approval of the projects at the P&Z hearing on the 6th. Speaking in favor was Bob
Unger. A number of the neighbors within the development did comment on the
application. All of them weren't -- they weren't neutral on the application. They were
not in opposition. Their primary concerns were the esthetics of this development
moving forward, because they weren't happy with what's transpired to the south of
them. Staff did receive written testimony from John Blakely prior to the P&Z
Commission. If I can direct your attention back to the plat here, you can see currently
there is a 20 foot wide easement that bisects the plat in this area here. As part of this
proposal the applicant will be relocating that irrigation facility in this general
configuration here, so that he can make way for this development. The lateral
association wants to make sure that the application retains -- receives written approval
Meridian City Council
March 18, 2014
Page 35 of 56
for the relocation of that facility. We also have a requirement that he vacate that
easement with the final plat, so that we can get a new easement in place to assure that
that -- that is being addressed and that the new facility is in place to provide that
pressurized irrigation system to the development moving forward. So, key items of
discussion at the Commission hearing. As I mentioned to you one was the design of
the single family home. The ones that I presented to you in the collage this evening.
The applicant wants to insure -- or at least the neighbors want to insure that there are
high quality design elements in all facades and I will get into that a little bit further as I
get to what's changed during this Commission hearing. The other item of discussion
was traffic calming and as I mentioned to you, these are private streets, so ACRD had
no jurisdiction over the right of way -- or the roadways in this development for a portion
of them and that would be mainly along the north, east, and south boundaries. A
condition has been placed in the preliminary plat that the applicant coordinate with the
fire department on some kind of traffic calming out there on the private streets. We did
assure -- at least my conversations with the neighbors were the fire department would
not support speed bumps in the private streets, but there are other means for traffic
calming on those roads to slow down the commercial traffic cutting through there. One
other additional item is when this comes -- when the property to the north develops
hopefully that would alleviate some of the cut through traffic through the neighborhood.
And there is a condition on the property to the north that would require that extension --
that roadway to extend and connect to Ustick in the future. So, provisions are in place
to kind of mitigate the traffic through the neighborhood and we just have to wait on
future development to make that happen, but we did want to go on record that traffic
calming could be in place to slow down that commercial traffic if the neighborhood and
the developer works with the fire department. The other item as I mentioned to you was
the esthetics of the townhomes. A lot of the neighbors didn't mind the design of the
townhomes so much. Their argument was with the landscaping -- the current
landscape situation. As I mentioned to you, that current development has all rock in the
front yards and the rear yards and it just doesn't blend in with the esthetics of the
neighborhood. I did the individual CZC and design review for each townhome unit out
there, but as I mentioned to you, the UDC does not regulate landscaping on buildable
lots. I had repeatedly spoke with the developer of the townhomes and with the
applicant this evening on the esthetics of that landscaping and staff's concerns were
ignored, but I did want to go on record and let you know that we tried to push the
applicant to do more out there. They just did not take heed. Because I knew exactly
what the neighbors wanted, they wanted some sort of lawn in the front or streetscape
that mimicked what was happening on the south side of that street and, unfortunately,
that did not happen. And, then, the other item that came up was the amount of usable
open space and I think that's been addressed here. This plat presented to you this
evening does maintain the open space that was required with the previous approval.
The outstanding issues for you tonight. I think the conditions as we presented in the
staff report covers a lot of those concerns and I did want to get to those proposed DA
changes and get those in front of you. As I mentioned to you currently the DA does
restrict the development of this property to one multi-family lot, with the understanding
that it would come back through with conditional use approval for the density in the
future. Now that multi-family has not proposed anymore single family is -- we need to
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amend that DA and the one provision that I have struck out here was that unique
provision that we required the ten percent open space. We allowed it to be on this lot in
the interim basis until this lot developed, as along as they provided equal amount and
so I am asking you to strike that now that we have actually development proposed and
we want to make sure that we tie that 4.23 acres portion to not only the plat that they
are showing this evening, to the open space and the two landscape plans that I
presented to you and, of course, the sample elevations. To go further, we are also
limiting the lots to 40 single family lots as I have noted blow and, then, also during the
P&Z Commission hearing, based on the testimony there, Commission wanted to make
sure that all of the structures within this development received certificate of zoning and
design review compliance -- or design review approval and they wanted to make sure
that all of the structures had a mix of materials on all facades within that development.
And, again, that would be -- so, when they come in for their CZC and design review staff
will be looking for complete design on four-sided architecture, they are going to be
looking for compliance with those landscape plans that I showed you this evening and
we want to make sure -- our biggest concern was how those homes would be seen from
Eagle Road as well. So, we wanted to make sure we had that fenestration addressed --
or at least those design elements addressed for those elevations that face the street as
well. I believe what I'm presenting to you here and what the Planning and Zoning
Commission has in place that we have addressed neighbors concerns we hope moving
forward, that this will be an attractive development. We can try to mitigate for some of
what's happened on those townhome properties to the south. Staff has not received
any additional testimony since the P&Z hearing. As I mentioned to you I think
everything's been addressed in the development agreement and in the conditions of
approval, so there really aren't any outstanding issues, other than the neighbors
complaints of the adjacent development to the south. This concludes my presentation
and I will stand for any questions you may have.
De Weerd: Thank you, Bill. Council, any questions?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I may have missed this. You have repeatedly identified some dissatisfaction
with the landscaping on the -- the property to the south. What I missed is -- is that the
same developer or are these different applicants, different owners?
Parsons: Madam Mayor, Members of the Council, Councilman Zaremba, from my
understanding and at -- during the public hearing at Planning and Zoning Commission it
was -- these are going to be for sale units and it would possibly be a different buyer.
They don't now at this point.
Zaremba: I'm not sure I --
De Weerd: You need to rephrase that. Is it the same developer?
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Parsons: Same developer, just adifferent --
Zaremba: Yes, that was the question I was going for. Thank you.
De Weerd: Yeah.
Parsons: The person to the south the developer as --
Zaremba: Same developer. Okay.
Parsons: It is the same applicant and the same owner, yes.
Zaremba: Thank you.
De Weerd: Thank you, Bill. Any other questions from Council?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Bill, your provisions address design review, but -- and were specific about
architectural features, but didn't mention anything about landscaping. Is that to be
assumed that that's going to be part of the design review approval?
Parsons: Madam Mayor, Members of the Council, the way I have it structured if you
need a little more teeth in the development agreement -- but right now I have it in
Section 6.1 --
Rountree: And that's sufficient?
Parsons: -- 14. That's what I'm going to be going off of is those exhibits that I
presented.
Rountree: And, then, that reflects back to what we see tonight in our example.
Parsons: That is correct.
Rountree: Now, go back to your exhibit. Then next one. The photos. What of that is
representative of what we might see?
Parsons: Madam Mayor, Members of the Council, Councilman Rountree, currently --
the applicant wants flexibility to build -- wants the ability to be flexible and build different
renderings out there. He doesn't want to do a monotonous theme out there and that's
why he's presented this. We don't know yet. Again, this is a design -- this is a collage.
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It represents some of the proposed building materials. This is not to represent any of
the design forms out there --
Rountree: Okay.
Parsons: -- that would simply come through CZC design review.
Rountree: Okay.
Parsons: When they came through with that we would be looking for these mix of
materials on those four facades. How they do that will be determined through staff level
review.
Rountree: Okay. So, this is just a materials collage.
Parsons: That is correct.
Rountree: And you can strike the fourth row as -- as design consideration.
Parsons: Absolutely.
De Weerd: That is monotonous. So, Bill, I guess you asked for different landscaping,
because I don't call that landscaping. Is that in compliance?
Parsons: Madam Mayor, if I understand you correctly, are you referring to the
townhome development on the south?
De Weerd: Yes.
Parsons: Madam Mayor, Members of the Council, there is no requirement for
landscaping on buildable lots. So, the intent -- when I first came forward and brought
the project to you my intent was that this development would be rolled under the
Jackson Square CC&Rs. It would be one HOA looking over all the residential portion.
What's transpired is when the bank received this property back in foreclosure in 2009
and they started developing the residential portion, they actually bisect -- bifurcated the
development. So, the commercial CC -- this project is under the commercial CC&Rs
and Jackson Square development, which is currently the single family homes, has its
own set of CC&Rs and so the bank still controls -- maintains -- controls the CC&Rs for
this portion of the development and so they weren't -- they weren't subject to the same
CC&Rs that the Jacksons Square folks are and so, therefore, you don't have a lot of
those landscaping requirements that you see in the CC&Rs that say it has to be lawn,
one tree, like you see in typical subdivisions. So, that's -- that's where it fell short. And,
again, with our ordinance not allowing -- reviewing plans for buildable lots, when they
came in for their CZC and design review we were making sure that their elevations
complied with the recorded development agreement and they did. So, they met their
approval.
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De Weerd: Thank you. I was hoping to help give you a little bit more enforcement
ability or -- or influence on the outcome, but I see that it's subjective at this point. Any
other questions from Council? Okay. Would the applicant like to make comment?
Unger: Sure.
De Weerd: I'll double Dutch dare you.
Unger: Madam Mayor and Council, my name is Bob Unger. I'm with ULC
Management. Address 6104 North Gary Lane, Boise, Idaho. 83714.
De Weerd: Thank you.
Unger: And right off the bat I want to say Bill and I and the neighbors in the area have
all worked diligently to put specific conditions of approval to prevent what has happened
in the previous phase of this project. We were very disappointed what happened, but
we had no control over it. The -- this is the 28 lots -- the townhouse lots to the east of
this project. One builder bought them all -- bought all 28 lots, which we hadn't
anticipated originally and he built the same looking building -- all 14 of them since they
are, you know, townhouse duplex. They are painted the same color. The roofs are the
same color. The roof lines are exactly the same. Everything is exactly the same and he
put down this nice gray gravel instead of grass, with some trees and shrubs. So, I'm the
first one to stand up and tell you that we were extremely disappointed in what they did
and the neighbors called me on it when we had our neighborhood meeting on this next
phase, so I made certain commitments to them that we would not allow this to happen
in this -- this final phase and as such, you know, we have provided the landscape plan --
and not only just the landscape plan for the site, the landscape plan for the individual
buildings and nowhere in this plan are we calling for any kind of gravel. It's all going to
be sod. Some bark around the planting areas around the buildings and trees and
shrubs to make it a very very good looking project and we have also -- we are in the
process of -- and waiting for final approval on the project, we are putting together
specific CC&Rs and an architectural review committee to assure that we have a
variation of architectural applications on the buildings, that would be a mix of wood,
brick, stone and different appearances. We are changing -- we have the option and the
ability to change the roof lines, so that we don't have the same roof line over and over
and over. So, we have done a lot of work on what we want to build in this project to
assure that we don't have a repeat of what we currently have out there. Some of the
other things are -- the concerns that the neighbors had was on the -- on these other
buildings they have a section of copper roof. The neighbors just hate that. So, there
will be no metal roof, copper roof, it will all be architectural asphalt shingles and they will
be a variety of colors, not all black. Let's see. So, I mean we were really -- we were
really disappointed in that and we don't want to see that with this final phase of the
project. It just looks like the dickens and I'm the first one to tell you that -- or I'm right up
there with everybody else. Oh. On the irrigation. The relocation of the -- of the gravity
irrigation that goes through there, that's through the Alden Water Users Association.
Meridian City Council
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We have already met with them. Documents have been prepared to relocate that with a
new easement and we will be signing those contracts with them by the end of the week
and construction will start on that next week, so we can get it done before irrigation
season opens. As far as -- let's see. Well, I think the development agreement, as Bill
stated, we just decided it was -- it was just -- to put apartments on this property was just
not going to work with what's out there right now and we felt that the -- the attached
single family living was a much better idea and it works well with the rest of the
residential that's out there. And let's see. Traffic calming devices. We will work with
the fire department to do some sort of traffic calming. I know everybody thinks that
speed bumps are the best thing and, by gosh, they are, because they slow people down
real quick, but emergency services hates those. So, we will work with the fire
department to come up with some sort of choking of the street section or something to
slow the traffic down, because there is one section there on Picard Lane where Jimmy
Johns delivery trucks just fly down through there. I have been out there many many
times and watched these guys just fly down through there and I know the neighbors
have called the police department and the police department -- of course, when they are
out there watching these guys don't do it, so -- but we are more than glad to work with
the fire department to come up with some sort of solution to that problem. And having
said all of that -- I'm trying to make it short, because you have had a long evening --
will stand for questions.
De Weerd: Thank you, Bob. Council, any questions?
Bird: I have none.
Rountree: None.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: I do have a question. I don't know -- I don't know what that means. We will
work with them -- with the fire department. Are there -- are you deferring to the
judgment request to fire as to what the solution would be? It does -- it seems indefinite.
And maybe I'm missing it or if that's resolved at a later date.
Bird: Madam Mayor, Mr. Borton, prior to -- of coming back with our final plat we will
have something resolved with the fire department. I'm not sure what their preference is
at this point in time as far as traffic calming devices out there. We are kind of limited.
Borton: Okay.
Unger: But certainly before we come back with our final plat we will have something
resolved.
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Borton: Madam Mayor? One question that you might comment on, but I'm going to ask
Mr. Nary first. With regards to the elements -- design elements that are addressed here
and the problems that Mr. Unger is trying to resolve with this plat, can those be required
to be incorporated in detail in CC&Rs, so future purchasers know and we will know that
the real property is subject to particular restrictions in how they are developed that
would be brought back and approved by -- reviewed by the city as part of a final plat?
Nary: Madam Mayor, Members of the Council, Council Member Borton, we normally
wouldn't require anything regards to CC&Rs nor approve any of those things, but it
could be part of the development agreement. One of the design issues that Bill has
talked about that I think is problematic -- t mean I think the best we can do is put it in a
development agreement. The only concern, though, is that prior -- when the bank had
control over a portion of this, they built the exact same design. It's in the development
agreement. It doesn't require they build any specific ones, so if they build the same one
over and over again the development agreement doesn't prohibit it. If they paint them
all the same color --
Borton: Right.
Nary: -- it doesn't prohibit that either, so -- I mean those are the challenges that the
neighbors are concerned with that the development won't really solve that. The CC&Rs
can, but the city doesn't have a role in that. So, I don't have a -- I don't have a better
answer to your question, other than if they are concerned about specific styles you can
certainly eliminate those as alternatives. Again, we don't normally regulate color --
mean eventually people can all paint their houses the same color on the street, so that's
probably one that probably isn't something we can remedy from the city's end. But
certainly if the concern is the designs are going to all be the same, we can certainly craft
some language that would require that they not be side by side or something like that in
the development agreement.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Bill, we can incorporate this in our findings stating as the applicant has agreed to
this and that, basically, puts all the -- on the applicant to make sure that it is done as he
stated here; is that not right? Like you say, you know, including all testimony by
applicant, staff, and that and he sat up here and testified that they were going to do -- I
mean we don't know what kind of landscaping, but it's not going to be like the old
landscape. Absolutely no gravel. He stated that. So, I guess we just have to go off
their word and hope their word is good and -- it always seems has been.
Nary: Madam Mayor, Members of the Council, Council Member Bird, I would agree. I
mean most of that is probably going -- at some point some if it has to rely on the -- the
good faith and fair dealing of all of the folks in front of you. If there are specific
concerns, from an enforcement standpoint, if we were to need to enforce the
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development agreement, either at the staff level or through some other means, at least
of the things -- like Mr. Unger stated, there will not be any gravel or rock used as -- as
landscaping. We can include that. So, those types of things that if you have some
things that are very concerning and Mr. Unger is trying to make sure to address those
things, we would probably want to make sure we include that language in the findings.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: And, Bill, isn't that what -- when we -- when we make our motion and say include
all staff and applicant, don't that go in the findings what they have said there, like you
were just saying?
Nary: Madam Mayor, Members of the Council, Council Member Bird, they do, but
sometimes it's very helpful if there are specific terms the Council has, you wanted to
make sure -- want to make sure to point that out to staff, so we make sure that's in the
findings.
Bird: Okay.
Nary: Very specifically.
Bird: Thank you.
De Weerd: Any other questions? Thank you.
Unger: Thank you.
De Weerd: This is a public hearing. Is there anyone who wishes to provide testimony
on this item? Good evening. If you will, please, state your name and address for the
record.
Hysmith: Yes, Madam Mayor. My name is Julie Hysmith. 2903 North Centre Point
Way Meridian.
De Weerd: Thank you, Julie.
Hysmith: Mayor and Council people, the only thing we are concerned about is that what
has happened before will happen again. He sold the 28 lots to one person and because
it was sold at that time they could do what they wanted, which, of course, was to put in
what they did. That's what we do not want to see again. You know, right now it looks
like military barracks and if you drive down Eagle and look in there it looks like a
skateboard ramp. A giant one at that. And that's what we have to live with. And at this
point there is nothing we can do but try to maintain the balance of the property that's
there. So, that's our major concern.
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De Weerd: Thank you.
Hysmith: Thank you.
De Weerd: Any further testimony? Good evening.
L.Hysmith: My name is Larry Hysmith and I live at 2903 North Centre Point Way.
De Weerd: Thank you.
Hysmith: And my wife has just expressed our concern about getting the same
conditions and I am hearing that you're really going to have no control here from the
City Council and that disturbs us. We moved from Seattle and we bought in this
neighborhood because we thought this was a good place to live. We have heard a lot
of good things about Idaho and I'm glad we moved here. However, under these
conditions, if we still end up with the same condition, there are many people already
were talking they would possibly move out of the neighborhood. The other concern we
have is, indeed, the traffic. Right now it all flows where it goes out on Centre Point Way
and that's going to make it even more congested and it's a major concern because of
the children. We have grandchildren visit us and we are very concerned about that. I
understand fire department and that have concerns, but we need something that really
will control the traffic and we just hope that at least the City Council can bring some
pressure in this regard. We would appreciate it very much. Thank you.
De Weerd: Thank you, Larry. Any questions? Okay. Good evening. Thank you for
joining us. If you will, please, state your name and address for the record.
McBrayer: Patrick McBrayer. 2976 Centre Point, Meridian. 83646.
De Weerd: Thank you, Pat.
McBrayer: One concern -- I agree with Larry and Julie and so on, but the other concern
was that they sold all of these homes to this one gentleman. He's got 28 rentals. That
makes our homes 50 percent rentals. Would you buy in a neighborhood that's 50
percent rentals? So, if it's possible -- and I have no idea -- whoever sells this property
cannot sell the whole package or one whole street or something like that, because,
then, that percentage just goes up and right now it looks like an Army barracks over
there. I mean it's a joke. It really is bad. That's all I got to say.
De Weerd: Thank you, Pat. Is there any further testimony on this? Yes, ma'am.
Thank you for joining us. If you will, please, state your name and address.
Gammon. Elizabeth Gammon. 3305 North Centre Point Way.
De Weerd: Thank you.
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March 18, 2014
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Gammon: I co-own this with my daughter. This is her first house and I'm almost
beginning to be sorry that I helped her find this house, because of what's been going on.
I think -- I missed most of the meeting, but I think the biggest concern is, of course, the
value of the houses going down and, then, the second concern is the traffic, which is
pretty bad already and if there -- I don't know. The traffic is just horrendous. There is
going to be some accidents there in the near future. Why it hasn't happened yet I don't
know, but we just want to keep the neighborhood and keep the values up and especially
with the young people like my daughter, because they don't have it as easy as we did.
It's a lot more difficult now with the economy and all that and I just hate to see her put all
her money into this home and see the problems that are going on with what they are
building. That's it. Thank you.
De Weerd: Thank you, Elizabeth.
Cavener: Madam Mayor, can I ask a question?
De Weerd: Elizabeth, if you will field a question.
Cavener: Could you just clarify what you meant by your concern about traffic. Do you
have too many vehicles, too many speeding vehicles --
Gammon: It's a lot of different things. You know, number one, people coming out of the
Kohl's center, come in there and pull around and I stood there for ten minutes and seen
who knows how many cars. I mean I even gave up counting them. And when I go and
visit her I have to really be careful just trying to pull out, trying to back out, because of
the people that come around. Jimmy John's, of course, they go through there all the
time. It's not the biggest problem, but I would say it's a big portion of it. There is
speeding there and the stop sign is almost totally ignored and with all these apartments
coming in with so many more cars and the only exit is out onto Eagle and you have to
go right, the major entrance is on Centre Point and as I said -- and people -- some
people just come through and drive through and so that's to all the apartments and
rentals and they all have more than one car for some weird reason and it's just -- it's just
really bad right there and not only that, not just the traffic, but, you know, I have thought
about this, too, the amount of traffic that comes through there is really going to do
damage to the road. It's really too much traffic for such private area.
De Weerd: Okay. You don't have to state your name, Brian.
McClure: Okay.
De Weerd: You're just making staff comments.
McClure: This is, actually, a personal topic.
De Weerd: Okay.
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Bird: Okay. Then state your name.
De Weerd: If you will, please, state your name and address for the record.
McClure: Brian McClure. 2819 North LeBlanc. I just wanted to add some perspective
here. The private roads, which are of concern currently actually connect to ACHD
roads, which connect to Eagle and Ustick roadways. Since the medians went in on
Eagle all the traffic that would normally want to go north on Eagle instead circulates
through this neighborhood and that's why there is much traffic there, because the
medians on Eagle forced everyone to go north to use private roads to get on the public
roads. If that helps. Kind of odd.
De Weerd: Yeah. We need to patrol in that area and see what's really happening. Is
there anyone else who would like to provide testimony on this? Okay. Mr. Unger,
would you like to respond?
Unger: Bob Unger again. The applicant. Madam Mayor and Council, I had a couple of
suggestions that we might be able to add into the -- either the conditions of approval or
in the DA where we could -- you know, the city could require us to provide, you know, as
part of our design review that -- that we be required to provide avaried -- varied
architectural applications on the exteriors and varied roof lines. So, that's not specifying
color or anything like that, but it's specifying, hey, you can't come in with the same roof
over and over and over and you can't just throw up vinyl siding over and over and over.
You have got to come up with some variety of applications. And certainly, you know, if
we can put something like that in the -- say the development agreement or the design
review I think that would go a long way in resolving some of these issues. In the
CC&Rs that we are preparing and our anticipation is to use the same verbiage that
comes out of the city, so that our CC&Rs for perspective buyers will see exactly the
same things that the city is requiring of them. That way there is no confusion. No
conflicts. As far as one purchaser coming in and buying all 40 units, I don't anticipate
that. They better have a lot of money. But we can't control that. I mean by law we can't
control who buys the buildings. We can't -- you know. And we can't -- we can't restrict
them from renting it, you know. What we anticipate with these is that these are higher
end buildings. I mean we are talking about marble counter tops. Tile floors. Hardwood
floors. These units -- and the unique thing about these units is they are a basic two
story rectangle that we can change everything outside and the roofs and everything, but
the inside, but the inside, basically, stays the same. There are three bedrooms, three
and a half baths. The bedrooms -- each bedroom is as large as most master bedrooms
and each one has its own private bathroom. So, these are higher end buildings and we
don't anticipate somebody coming in and buying all of them and renting them out. They
are actually going to be in the range of two to two hundred thirty thousand dollars per
unit. So, we don't anticipate that, but we can't restrict it. As far as traffic, I mean with
the accesses we have Idon't -- you know, we don't exceed many traffic requirements.
In fact, by going through this process and the DA amendment going from multi-family
down to the attached, we could have had 68 units in there, but we are dropping it to 40
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units. So, I think we are actually -- you know, we are aware of things out there, too, and
it works better than the apartments would work. And like Bill had presented in his
presentation there is a stub street headed to the north towards Ustick through the
property to the north that some day we hope will develop and that will also help relieve
some of the traffic issues. I think -- I think I have tried to cover everything that's been
brought up. I think -- I think staff has done a great job. I think they have some good
conditions of approval and -- to assure that this project is going to be developed as
presented and also that we will address the concerns. So, I will stand for any other
questions.
De Weerd: Any questions from Council?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: This issue of through traffic on private streets is a real concern for me and it
should be for you. You're subjecting the folks that own that road to a whole bunch of
liability that they may not understand they are accepting in several areas. One they
own, they maintain, and to some degree they operate that facility and yet you have what
appear to be daily trespass on private property. Now, we have a couple of lawyers here
that probably could explore this a little bit more than me and I'm just an old -- common
old guy that thinks about a lot of weird things and to me it's a real problem. It's a real
problem for the folks that live there and it's a real problem with the folks that are going to
live there, that if there is not a public owned facility to move traffic out of this area, I don't
think we should be doing anything out there on private roads and private roads are the
key for your development in order to get the densities and all the kind of things that
you're wanting to do. So, I'm really stuck with this -- what's happening out there. There
needs to be a way developed with this preliminary plat and the adjoining property
owners to get the public traffic out of the private areas and until that happens I don't see
it's to anyone's advantage to move forward with anything in this particular area. Though
I don't disagree with what you're trying to do, Bob. I think you have come with a good
solution and you have really listened, but this -- this whole private roadway thing is -- it's
-- if you get an accident out there, someone says, well, you know, somebody did
something here and there and all of a sudden you're going to have lawyers going after
the property owners. We don't have, really, a great degree of enforcement capability for
traffic control and that sort of thing anymore than we do in the parking lot of a grocery
store.
Bird: That's right.
Rountree: If we are out on a public right of way, then, we can do those kinds of things.
So, just to me it just opens up a whole other can of worms that nobody's really
addressed at this point in time. I just throw that out there. I don't have a solution. I
really don't.
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Unger: Madam Mayor, Mr. Rountree, we actually went to ACRD about taking over
ownership of these streets. They do not meet their standards as far as width -- as far as
construction and everything they do, but I was told by ACHD that in order for them to
take these over they would, essentially, have to be reconstructed before they would
assume ownership of these streets. Hindsight is 20/20. Back in 2005 when we brought
this project to you folks we proposed public streets and, then, the -- the eastern potion
with the private streets and had we all realized maybe it would have been better that we
would have gone public with all of them and I agree with you there are some traffic -- let
me back up. There really aren't traffic issues out there. I think people perceive there as
being traffic issues, yes. There are public -- the public does cut through there. They will
come into the tire store, they will come through Jimmy John's and some of the other
facilities there and they will go through the private streets to the public streets to get
back out to Ustick so that they can go north on Eagle Road. That does happen and,
you know, I -- I can't -- I can't change that. All we can do is maybe do work with the
traffic calming devices, but we are certainly doing everything we can to reduce the traffic
out there and, like I said, we are going from what we could have had with 68 units,
which was our original concept plan that was approved in '06 down to 40 units. These
new owners are also under the overall HOA and they will be required to contribute to
the maintenance of the streets, you know, so it will add -- this will add additional funds
for the maintenance of those streets. Beyond that I don't have any -- or I don't have any
other solution to that situation. I wish I did. We are moving forward with -- with what
was approved back in '05, '06.
Bird: Bill, where do the streets go from public to private? Can you pull up that map?
Parsons: Madam Mayor, Members of the Council, if you look at the aerial, the area that
I have highlighted -- hatched out, that's private streets. This western portion of the
development -- all of this is public street at this point. Everything in from Ustick -- the
first two-thirds of that development is all private. So, the only public street is the loop
here along the existing single family homes. This isn't even a public street at this point.
It's just an access easement across the property until it subdivides in the future. ACRD
has an easement across that property to facilitate the development of this site back in
'05. That's how they made it work.
Rountree: Madam Mayor? Bill, is there across-access agreement, then, between the
residential and the commercial?
Parsons: Madam Mayor, Members of the Council, currently I believe the way the plat's
structured it references the local streets. There is a note on the plat that says it's for the
benefit of ingress and egress for -- for all of these properties and there is also a
separate instrument number that references cross-access to the property to the north
for future connectivity.
Rountree: Was that based on the assumption that those would be public streets?
Parsons: No, sir. They were based on it being private.
Meridian City Council
March 18, 2014
Page 48 of 56
Rountree: Now is that agreement both ways on the subject property and the
commercial property in the front?
Parsons: Between the development or for the property from the north? Yes, it shows
this lot and block. There is multiple subdivisions out there, but all of them have the
same notes that references this road and that cross-access and those easements.
They don't -- the plat -- one plat doesn't supersede the other plat, it's just kind of in
succession. So, yes, everyone out there has a right. I make sure that note's on that
plat every time it comes through and this one is no different.
Rountree: Well, my thoughts of closing those access points probably isn't a good idea
then. We'd need the lawyers involved. It seems to me, though, we, they, everybody
has encouraged that --
Parsons: Originally Mr. Unger's proposal was to remove the roundabout as you came
out of the commercial portion, but in working with him through this project we
encouraged him that it be better -- in his best interest to leave the traffic calming in -- the
landscape -- the center median in there in order to slow down traffic through there.
De Weerd: Yeah. I think if the -- the crux of this is the cut-through traffic and freaking
fast Jimmy John's drivers, you probably do need to look at as part of this development
proposal the traffic calming methods to be included in the plat itself and maybe continue
this and ask to work with staff in looking what -- what those would be that is acceptable
in both slowing -- calming the traffic, but also -- and making that less convenient for the
cut through and -- but not inhibiting an emergency response to those areas as well.
Rountree: Madam Mayor, I was inclined to do the traffic calming in the development
agreement, but I like your approach that we have the applicant put together solutions on
the preliminary plat and bring those forward for our consideration and, then, include
whatever resolution there is in the development agreement. So, I would suggest that
we keep this hearing open and continue it to a date certain to have the applicant have
an opportunity to get with some traffic engineering folks to see what kind of solutions we
can come up with is my suggestion.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: I think it's a good suggestion. I think it makes sense to spend the time to try
and articulate that solution. At the same time while -- one thing Mr. Unger has done is --
is identify quite clearly some specific components he's willing to incorporate into a DA
that reference the landscape plan, reference the mixed materials and adjacent parcels
and roof lines, the removal of I think line four on the row of the proposed elevations.
You made a comment that you really wanted to capture in the DA the concept of -- you
can't just do X. Right? Lawyers muck that up and make it all -- that's really a crystal
Meridian City Council
March 18, 2014
Page 49 of 56
clear way to put it, so if this is getting continued, if we could have staff bring back clear
articulation of what we mean by that, because I appreciate you sharing that and I think
the neighborhood probably wants have this portion of the project have that clarity and
might develop and it might be some other future, so we want to benefit everybody to
know when we say you can't just do X we are going to clearly specify what that means
with regards to the elevations and the landscape and traffic calming. So, we might have
enough comment on the record now to bring that back at the same time.
De Weerd: Bob, do -- do you know what Council is asking?
Unger: Pardon?
De Weerd: Do you understand what we hope to get back?
Unger: Madam Mayor, yes, I do. You know, I think it's --Ithink it's something that -- as
far as the additions to the DA I think it's something that Bill and I can probably put
together in a matter of a day or so. I don't think it's, you know, that difficult, you know,
for us to come up with some verbiage that would cover that and with the availability of
the fire department, some, you know, representative, Ithink we can resolve that fairly
quick also. I don't think there is anything, you know, that -- you know, that -- I guess
where I'm going with this if you're going to continue us, please, continue us to the -- to
the --
De Weerd: We will continue it to next week.
Rountree: Like to do it next week if that's possible.
Unger: Thank you. Ithink that's where I was trying to go with it and I appreciate that
and I think I can work with the fire department and -- Bill and I talk every day when --
De Weerd: I'm sure you will get a call and -- to set up a meeting tomorrow.
Unger: Excellent.
Rountree: So, when is our next meeting?
De Weerd: The 25th. March 25th.
Rountree: Okay. Madam Mayor?
Unger: Fine. That will be fine. I will be here for the 25th on another project anyhow, so
that will be great.
De Weerd: Okay.
Meridian City Council
March 18, 2014
Page 50 of 56
Rountree: Madam Mayor? I move that we continue Items 8-G and H until our next
regularly scheduled meeting March 25th.
Bird: Second.
De Weerd: I have a motion and a second to continue Items Gand H -- H -- G and H to
March 25th. All those in favor say aye. All ayes. Thank you. And thank you for being
here this evening.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Item 9: ®epartment Reports
A. Mayor's Office: Resolution No. 14-981: Appointment of
Michelle Glaze to Seat 1 of the Meridian Arts Commission
De Weerd: Under Department Reports, Council, 9-A. In front of you is a Resolution
14-981 recommending Michelle Glaze to Seat 1 of the Meridian Arts Commission. I will
tell you that the commission chair Mary Jensen and I interviewed some very diverse
candidates and the name that's in front of you this evening has -- has a lot of interest in
the arts. She will be a good compliment to the member that she replaces in that she
isn't representative in any one particular art medium, she embraces a number of those
and she is also someone that represents acorporation -- a partner that has been very
generous in supporting the Meridian arts in the past as well. We felt that she would
compliment the commission as the current makeup and hope to get your -- your
approval this evening and I would stand open to any questions.
Rountree: I have none.
De Weerd: Okay.
Rountree: Madam Mayor? I would move we approve Resolution 14-981 appointing
Michelle Glaze to Seat 1 of the Meridian Arts Commission.
Bird: Second.
De Weerd: I have a motion and a second to approve Item 9-A. Any discussion or
questions from Council? Madam Clerk, will you call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, absent;
Cavener, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Meridian City Council
March 18, 2014
Page 51 of 56
B. Police Department: Budget Amendment for the Replacement
of Patrol Car for the Not-to-Exceed Amount of $8,853.00
De Weerd: Item 9-B is under our Police Department. I think this item is pretty self-
explanatory, but as -- in the context of -- of our budget amendments we do ask our
departments to make comment.
Leslie: Thank you, Madam Mayor, City Council. Unfortunately, in December we had
one of our patrol vehicles involved in a motor vehicle accident and fortunately nobody
was seriously injured. Unfortunately, the vehicle was a complete loss.
De Weerd: It was injured.
Leslie: What's that?
De Weerd: It was injured.
Leslie: It was injured. Yeah. It was T-boned and had enough structural damage that
we had to replace it. So, we are asking for -- in addition to the money we are getting
back from ICRMP in regards to the loss of the vehicle, we need an additional 8,800
dollars to replace that vehicle. Fortunately we found a vehicle from Edmark that was on
the ground that we could buy that was last year's model or year before's model, so we
didn't have to order one, so we can get our car back up and running quicker and save
some money on that vehicle. So, it did save a little bit of money in the process, but we
do have to replace that vehicle.
De Weerd: Council, any questions?
Bird: I have none.
Rountree: I have none.
De Weerd: Come on, grill him, Joe. Okay.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Hearing no questions, I move we approve the budget amendment for the
replacement of a patrol car not to exceed 8,853 dollars.
Rountree: Second.
De Weerd: I have a motion and a second to approve Item 9-B. Any discussion from
Council? Madam Clerk.
Meridian City Council
March 18, 2014
Page 52 of 56
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, absent;
Cavener, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Item 10: Ordinances
A. Ordinance No. 14-1600: An Ordinance (AZ 13-010 McLinder
Subdivision/Sawtooth Village) for Annexation of a Parcel of
Ground Located in the Northwest 1/4 of Section 36, Township
3 North, Range 1 East; Establishing and Determining the Land
Use Zoning Classification of Said Lands from RUT to R-15
(6.426 Acres) (Medium High Density Residential District) and
C-N (6.578 Acres) (Neighborhood Business District) and
Providing an Effective Date
De Weerd: Item 10-A is Ordinance 14-1600. Madam Clerk, will you, please, read this
by title only.
Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 14-1600, an
Ordinance AZ 13-010, McLinder Subdivision Sawtooth Village, for annexation of a
parcel of ground located in the northwest quarter of Section 35, 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 land
from RUT to R-15, 6.426 acres, Medium High Density Residential District, and C-N,
6.578 acres, Neighborhood Business 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 Idaho State Tax Commission, as required by law, and providing for a
summary of the ordinance and providing for a waiver of the reading rules and providing
an effective date.
De Weerd: You have heard this ordinance read by title only. Is there anyone who
would like to hear it read in its entirety? Fortunately not. Council, do I have a motion?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve Ordinance No. 14-1600 with suspension of rules.
Rountree: Second.
Meridian City Council
March 18, 2014
Page 53 of 56
De Weerd: I have a motion and a second to approve Item 10-A. Madam Clerk, will you
call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, absent;
Cavener, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Item 11: Future Meeting Topics
De Weerd: Council, any topics to include for future agendas?
Bird: I have none.
Item 12: Executive Session per Idaho State Code 67-2345(1)(f) - (to consider
and advise its legal representatives in pending litigation) Note: An
action by City Council may follow the executive session.
De Weerd: Okay. I move to Item No. 12, Executive Session. Do I have a motion?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(f).
Rountree: Second.
De Weerd: I have a motion and a second to adjourn into Executive Session. Madam
Clerk, will you call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, absent;
Cavener, yea.
De Weerd: All ayes. Thank you.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
EXECUTIVE SESSION: (8:31 p.m. to 9:18 p.m.)
De Weerd: Could I have a motion to come out of Executive Session?
Rountree: So moved.
Meridian City Council
March 18, 2014
Page 54 of 56
Bird: Second.
De Weerd: All those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Item 13: Amended onto the Agenda: Master Agreement with Nampa Meridian
Irrigation District (NMID) for Permitted and Future Encroachments
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we add an item to the agenda relating to an agreement with the
Nampa-Meridian Irrigation District to spend (recording unintelligible).
Bird: Second.
De Weerd: I have a motion to approve the Master Agreement between the Nampa-
Meridian Irrigation District and the (recording unintelligible) City of Meridian.
Rountree: In the state of Meridian.
De Weerd: State of Meridian.
(Recording intelligible)
De Weerd: Sorry. I got ahead of you.
Rountree: My motion to --
De Weerd: It is to amend (recording unintelligible).
Rountree: To add that to the agenda.
Bird: Yeah.
Rountree: As an amendment.
Bird: But not to pass it.
Holman: We are adding it. Not approving it yet.
Bird: No.
Rountree: It's got to be on the agenda before we do that.
Meridian City Council
March 18, 2014
Page 55 of 56
Bird: Yeah.
De Weerd: Okay. All those in favor --
(Recording unintelligible).
De Weerd: Oh, that was to come out of Executive Session. Okay. All those in favor
say aye. All ayes.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
De Weerd: Thank you.
Zaremba: So, the agenda has been amended (recording unintelligible).
De Weerd: Yes.
Zaremba: Yes.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move we approve the Master Agreement with the Nampa-Meridian
Irrigation District (recording unintelligible).
Bird: Second.
De Weerd: I have a motion and a second to approve the Master Agreement as stated.
Any discussion from Council? Madam Clerk.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, absent;
Cavener, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
De Weerd: We are at the end of our agenda. Council, do I have a motion to adjourn?
Rountree: So moved.
Bird: Second.
De Weerd: All those in favor say aye. All ayes.
Meridian City Council
March 18, 2014
Page 56 of 56
MOTION CARRIED: FIVE AYES. ONE ABSENT.
MEETING ADJOURNED AT 9:20 P.M.
(AUD ~RECORDLN~G ON FILE OF THESE PROCEEDINGS)
~_
~~...,~ ~ /~_/ COI ~
MAYOR TAMMY DE WEERD DATE APPROVED
Item #86, C: TM Creek (AZ-13-015; PP-13-030)
Application(s):
- Annexation & Zoning
- Preliminary Plat
Size of property, existing zoning, and location: This site consists of 41.03 acres of land zoned RUT in Ada
County, and is located at the SEC of W. Franklin Road & S. Ten Mile Road.
Summary of Request: The applicant requests AZ approval of 45.34 acres of land w/C-G (35.82 acres), TN-C (5.58),
& R-40 (3.94 acres) zoning consistent with the FLUM designations for this site of Mixed Use Commercial, Lifestyle
Center, and High Density Residential. The applicant proposes to develop a mixed use project consisting of office &
retail, from service and restaurant pad sites to mid-sized commercial, & MFR uses. A concept plan was submitted
that depicts building pads, parking, access points, streets, driveways, landscape buffers, easements, and the
pathway along the Ten Mile Creek. MFR uses are proposed within the R-40 district at the SEC of the site.
The proposed preliminary plat consists of 49 building lots & 3 commonlother lots on 41.03 acres of land. The
applicant anticipates the development will be phased; however, a phasing plan was not submitted with the
application.
Access to this site is proposed via (1) right-in/right-out, (1) right-inlright-out/left-in & (1) full access via W. Franklin
Road; and (2) right-in/right-out accesses & (1)full-access via S. Ten Mile Road. The concept plan depicts an
approved traffic signal for the full-access (Franklin Crossing Ave.) on Franklin. Road to be installed when warranted in
the future. During the recent widening of Franklin & Ten Mile Roads, all of the curb cuts for access were constructed
& have been approved by ACRD based on the Ten Mile Area Access Study prepared by HDR Engineering on behalf
of Brighton Corporation. Deceleration lanes were also constructed for the two accesses closest to the Franklin/Ten
Mile intersection on Ten Mile Road and the access closest to the collector street off Franklin Road.
Two collector streets, 1 east/west -Ten Mile Creek Drive & 1 north/south -Franklin Crossing Ave., are depicted on
the plat via Ten Mile & Franklin Roads in accord with the transportation plan for this area & terminate in a cul-de-sac
at the south property boundary. There are a total of 6 driveway accesses (3 on each side) proposed via Franklin
Crossing; and 2 via Ten Mile Creek Drive. A waiver to the access standards in the UDC (11-3A-3) is needed from
City Council for approval of the proposed accesses via the collector & arterial streets. Staff recommends a cross
access/ingress-egress easement is granted to the property to the east for future interconnectivity.
A 35-foot wide street buffer is proposed along Ten Mile & Franklin Roads in accord with UDC standards. A sidewalk
was constructed along Franklin Road & along the portion of Ten Mile Road nearest the intersection w/the recent road
widening project. A segment of the City's multi-use pathway system is designated through this site along the Ten Mile
Creek to the Franklin/Ten Mile intersection & also along the frontage of the site along Ten Mile Road.
The Ten Mile Creek bisects this site & is a natural waterway. The applicant proposes to pipe approximately 380' of
the creek nearest to Franklin Road as shown & enhance the open portion of the creek with landscaping and other
amenities. Because the UDC & Comp Plan requires natural waterways such as this to remain open & not be piped,
staff recommends the site plan be revised accordingly unless otherwise approved by Council.
A portion of this site is within the Meridian Floodplain Overlay District. Prior to any development, the applicant is
required to submit a floodplain development application.
Conceptual building elevations were submitted showing the type of structures that may be built within this
development. All structures are required to comply w/design standards in the UDC, guidelines in the Design Manual
& the design elements in the TMISAP.
a. Summary of Commission Public Hearing:
i. In favor: Mike Wardle; David Turnbull
ii. In opposition/comment: None
iii. Written testimony: Mike Wardle
b. Key Issue(s) of Discussion by Commission:
i. Buildings should be more oriented around the creek to tie in with the pathway and creek amenities to
create more of a pedestrian environment throughout the site;
ii. Leaving all of the Ten Mile Creek open as required by the UDC vs, tiling a portion of it as requested by
the applicant;
iii. Providing a pedestrian bridge across the creek for pedestrian connectivity;
iv. Requirement for the structure shown on the concept plan at the northeast corner of Ten Mile Road and
Ten Mile Creek Drive to "hold the corner';
c. Key Commission Change(s) to Staff Recommendation:
i. Strike condition #1.1.1k which requires the structure at the NEC of Ten Mile & Ten Mile Creek Drive to
be shifted to the corner;
ii. Modify condition #1.1.1 r to include office uses north of the creek & to include the language "where
feasible" in reference to buildings being designed with multiple sidewalk entries;
iii. Clarify condition #1.1.3e to only require grass within the 10-foot wide area proposed for future
expansion along the north side of Ten Mile Creek Drive;
iv. Modify condition #1.1.7 to remove the reference to a specific agency from which an easement is
required for the pathway along the creek.
v. Add a condition requiring sidewalks to be provided internally along all major drive aisles for pedestrian
connectivity (see condition #1.1.1s).
d. ®utstanding Issue(s) for City Council:
i. A waiver to UDC 11-3A-3 is requested for approval of the proposed accesses to the arterial & collector
streets as shown on the preliminary plat & site plan.
ii. The Ten Mile Creek is a natural waterway that bisects this site. As such, it is required to remain open as
a natural amenity and is notallowed to be piped or otherwise covered per UDC 11-3A-6A,1. The
applicant requests approval to pipe approximately 380 feet of the Ten Mile Creek nearest to Franklin
Road as shown on the landscape plan.
iii, Clarify the Commission's recommendation that "the major drive aisles all have sidewalks as well for
pedestrian connectivity" -should sidewalks be required on one side or both sides of the drive aisles?
(see #1.1.1s).
Written Testimony since Commission Hearing: None
Notes:
Item #8D: Spurwing ®rchard No. 3 (FP-14-007)
Application(s):
Final plat
Location: The site is located on the north side of W. Chinden Boulevard, west of N. Ten Mile Road insoutheast'/4
of Section 22, Township 4 North, Range 1 West.
Summary of Request: The proposed final plat depicts sixty-three (63)single-family residential building lots and four
(4) common/other lots on 25.85 acres of land. The gross density of the proposed subdivision is 2.43 dwelling units
per acre. All of the lots comply with the dimensional standards of the R-4 zoning district.
The proposed open space consists of the Chinden Boulevard street buffer, 8-foot wide parkways adjacent to the local
streets and two (2) passive open space lots. Overall open space totals 4.57 acres which is approximately 19.2%.
The number of lots and the proposed open space is consistent with the approved preliminary plat, thus staff
recommends approval.
Written Testimony: Mike Wardle submitted written testimony and would like the Council to modify condition of
approval as follows:
Condition #4: change the language from dedicate to preserve. Staff is amenable to this request.
Condition #6a. This condition requires the unimproved ROW adjacent to Chinden Boulevard (Lot 77, Block 1) to be
improved with a 10-foot wide of gravel shoulder and the other 20-feet must be vegetated, Because this is a City code
requirement and was conditioned as part of the preliminary plat staff is not supportive of the applicant's request to
strike the condition. If the Council wishes to allow a different variation than what is required by City Code, staff
recommends the applicant obtain alternative compliance approval for the change.
Staff Recommendation: Approval
Notes:
Item 8E: Solterra (FP•14.008)
Application(s):
Final plat
Location: The site is located on the northeast corner of E. Fairview Avenue and N. Hickory Way.
Summary of Request: The proposed final plat depicts three (3) commercial lots, one (1) church lot and forty-three
(43) single-family residential building lots and eight (8) common/other lots on 16.22 acres of land. The property is
zoned C-G, L-0 and R-15. The gross density of the single-family portion of the development is 7.85 dwelling units per
acre. All of the residential lots comply with the dimensional standards of the R-15 zoning district,
The number of lots and the proposed open space is consistent with the approved preliminary plat, thus staff
recommends approval.
Written Testimony: Jim Conger submitted written testimony in agreement with the staff with the exception to site
specific condition of approval #7.
Staff Recommendation: Staff recommends the Council modify condition #7 to graphically depict a 5-foot wide
Permanent Public Utilities, Drainage, and Irrigation easement on the west boundary of Lot 13, Block 2.
Notes:
Item 8F: Leisman Addition (VAC•14.001)
Application(s):
Vacation
Location: The site is located east of N. Linder Road and north of W. Pine Avenue.
Summary of Request: The applicant has applied to vacate the 10-foot wide permanent public utilities, drainage, and
irrigation (PUDI) easements located on the common lot line between Lots 3, and 4, Block 3 of Leisman Addition
Subdivision. The applicant is vacating the easement to construct a new 1,500 square foot addition across the shared
property line. The Planning Division has approved a certificate of zoning compliance for the building addition
however; a building permit cannot be issued until the easements are vacated.
All public utilities (Idaho Power, Century Link, Cable One, Intermountain Gas) have given consent to relinquish their
easements. NMID submitted a letter stating they have no facilities within the easement area.
Staff recommends approval of vacating the easements as proposed.
Written Testimony: None
Staff Recommendation: Approval
Notes:
Item #>3G ~ H: Centre Point Square (PP-13-042 and MDA-13.025)
Application(s): Preliminary plat and development agreement modification
Size of property, existing zoning, and location: This site consists of 5.28 of an acre, is currently zoned R-15, and
is located west of N. Eagle Road and south of E. Ustick Road,
History: Recently, the property received approval of a new preliminary plat and development agreement modification
to develop 28 single family lots and 1multi-family lot.
Summary of Request: The proposed preliminary plat consists of 40 residential lots and 4 common/other lots on 5.28
acres of land. The proposed single family lots range in size from 2,557 square feet up to 4,849 square feet
respectively. The gross density for the proposed plat is 7.58 dwelling units to the acre; excluding the private street lot
(Lot 1, Block 3) the gross density is 9.46 dwelling units to the acre. All of the proposed lots comply with the R-15
dimensional standards in the UDC.
Access is provided from an existing private alley and an existing private street, N. Cajun Lane, Under the UDC, single
family dwellings are allowed to take access from private streets when the plat is designed with a common mew.
Several of the lots (Lots 37-44, Block 3) will take access from common driveways reducing the number of driveways
to the abutting roadway to ensure vehicles are not backing out into the N. Cajun Lane intersection and round-about.
Currently this property is developed with a 37,250 square foot common lot and a tot lot as allowed under the
recorded DA. This provision also allows the open space to be relocated on the site once development is proposed if
an equal amount of open space is being provided. The primary open space for the development consists of a 38,996
square foot mew lot. The primary amenities will be several sitting benches, inter-connected walkway, a tot lot, and a
gazebo.
Sample building elevations have been submitted with the subject applications and are meant to represent the design
theme of the proposed development. Staff supports the mix of materials (e.g. stucco, wood siding, stone and brick
accents, exposed timbers, mix of colors, decorative trim, decorative corbels and a mix of metal and composite
roofing) and the mix of contemporary and traditional home designs. A provision of the DA compliance will require
compliance with all of the submitted plans and all single family homes must obtain CZC and DES approval and
incorporate a mix of materials as represented.
Commission Recommendation: Approval at the February 6th meeting.
Summary of Commission Public Hearing:
i. In favor: Bob Unger
ii. In opposition: None
iii. Commenting: Pat McBrayer, Julie Hysmith and Larry Hysmith, Janet Bailey, Joesph LeMay, Elizabeth
Gammon, Mark Sessions and Wanda Holsinger
iv. Written testimony: John Blakeslee
Key Issue(s) of Discussion by Commission:
v. Design of the proposed single family homes;
vi. Traffic calming for the private streets;
vii. Aesthetics of the existing townhome development south of this project;
viii. The amount of open space being provided;
Key Commission Change(s) to Staff Recommendation:
vi. Commission modified the DA provision and required a mix of materials on all facades;
vii. Modified condition #1.2.4 requiring the applicant obtain written approval from the Alleman Lateral Users
Association for the relocation of the existing irrigation facility;
®utstanding Issue(s) for City Council: None
Written Testimony since the Commission Hearing: None
Item #8B, C: TM Creek (AZ-13.015; PP-13.030)
Application(s):
~ Annexation & Zoning
Preliminary Plat
Size of property, existing zoning, and location: This site consists of 41.03 acres of land zoned RUT in Ada
County, and is located at the SEC of W. Franklin Road & S. Ten Mile Road.
Summary of Request: The applicant requests AZ approval of 45.34 acres of land w/C-G (35.82 acres), TN-C (5.58),
& R-40 (3.94 acres) zoning consistent with the FLUM designations for this site of Mixed Use Commercial, Lifestyle
Center, and High Density Residential, The applicant proposes to develop a mixed use project consisting of office &
retail, from service and restaurant pad sites to mid-sized commercial, & MFR uses. A concept plan was submitted
that depicts building pads, parking, access points, streets, driveways, landscape buffers, easements, and the
pathway along the Ten Mile Creek. MFR uses are proposed within the R-40 district at the SEC of the site.
The proposed preliminary plat consists of 49 building lots & 3 common/other lots on 41.03 acres of land. The
applicant anticipates the development will be phased; however, a phasing plan was not submitted with the
application.
Access to this site is proposed via (1) right-in/right-out, (1) right-in/right-out/left-in & (1) full access via W. Franklin
Road; and (2) right-in/right-out accesses & (1)full-access via S. Ten Mile Road, The concept plan depicts an
approved traffic signal for the full-access (Franklin Crossing Ave.) on Franklin Road to be installed when warranted in
the future. During the recent widening of Franklin & Ten Mile Roads, all of the curb cuts for access were constructed
& have been approved by ACRD based on the Ten Mile Area Access Study prepared by HDR Engineering on behalf
of Brighton Corporation. Deceleration lanes were also constructed for the two accesses closest to the Franklin/Ten
Mile intersection on Ten Mile Road and the access closest to the collector street off Franklin Road.
Two collector streets, 1 east/west -Ten Mile Creek Drive & 1 north/south -Franklin Crossing Ave., are depicted on
the plat via Ten Mile & Franklin Roads in accord with the transportation plan for this area & terminate in a cul-de-sac
at the south property boundary. There are a total of 6 driveway accesses (3 on each side) proposed via Franklin
Crossing; and 2 via Ten Mile Creek Drive. A waiver to the access standards in the UDC (11-3A-3) is needed from
City Council for approval of the proposed accesses via the collector & arterial streets. Staff recommends a cross
access/ingress-egress easement is granted to the property to the east for future interconnectivity.
A 35-foot wide street buffer is proposed along Ten Mile & Franklin Roads in accord with UDC standards. A sidewalk
was constructed along Franklin Road & along the portion of Ten Mile Road nearest the intersection w/the recent road
widening project. A segment of the City's multi-use pathway system is designated through this site along the Ten Mile
Creek to the Franklin/Ten Mile intersection & also along the frontage of the site along Ten Mile Road.
The Ten Mile Creek bisects this site & is a natural waterway. The applicant proposes to pipe approximately 380' of
the creek nearest to Franklin Road as shown & enhance the open portion of the creek with landscaping and other
amenities. Because the UDC & Comp Plan requires natural waterways such as this to remain open & not be piped,
staff recommends the site plan be revised accordingly unless otherwise approved by Council.
A portion of this site is within the Meridian Floodplain Overlay District. Prior to any development, the applicant is
required to submit a floodplain development application.
Conceptual building elevations were submitted showing the type of structures that may be built within this
development, All structures are required to comply w/design standards in the UDC, guidelines in the Design Manual
& the design elements in the TMISAP.
a. Summary of Commission Public Hearing:
i. In favor: Mike Wardle; David Turnbull
ii. In opposition/comment: None
iii. Written testimony: Mike Wardle
b. Key Issue(s) of Discussion by Commission:
i. Buildings should be more oriented around the creek to tie in with the pathway and creek amenities to
create more of a pedestrian environment throughout the site;
ii. Leaving all of the Ten Mile Creek open as required by the UDC vs. tiling a portion of it as requested by
the applicant;
iii, Providing a pedestrian bridge across the creek for pedestrian connectivity;
iv. Requirement for the structure shown on the concept plan at the northeast corner of Ten Mile Road and
Ten Mile Creek Drive to "hold the corner';
c. Key Commission Change(s) to Staff Recommendation:
i. Strike condition #1.1.1 k which requires the structure at the NEC of Ten Mile & Ten Mile Creek Drive to
be shifted to the corner;
ii. Modify condition #1.1.1r to include office uses north of the creek & to include the language "where
feasible" in reference to buildings being designed with multiple sidewalk entries;
iii. Clarify condition #1.1.3e to only require grass within the 10-foot wide area proposed for future
expansion along the north side of Ten Mile Creek Drive;
iv. Modify condition #1.1,7 to remove the reference to a specific agency from which an easement is
required for the pathway along the creek,
v. Add a condition requiring sidewalks to be provided internally along all major drive aisles for pedestrian
connectivity (see condition #1.1.1s),
d. ®utstanding Issue(s) for City Council:
i. A waiver to UDC 11-3A-3 is requested for approval of the proposed accesses to the arterial & collector
streets as shown on the preliminary plat & site plan,
ii. The Ten Mile Creek is a natural waterway that bisects this site. As such, it is required to remain open as
a natural amenity and is not allowed to be piped or otherwise covered per UDC 11-3A-6A.1. The
applicant requests approval to pipe approximately 380 feet of the Ten Mile Creek nearest to Franklin
Road as shown on the landscape plan.
iii, Clarify the Commission's recommendation that "the major drive aisles all have sidewalks as well for
pedestrian connectivity" -should sidewalks be required on one side or both sides of the drive aisles?
(see #1.1.1s).
Written Testimony since Commission Hearing: None
Notes:
Item 8D: Spurwing ®rchard No. 3 (FP~14~007)
Application(s):
Final plat
Location: The site is located on the north side of W. Chinden Boulevard, west of N. Ten Mile Road insoutheast'/4
of Section 22, Township 4 North, Range 1 West.
Summary of Request: The proposed final plat depicts sixty-three (63) single-family residential building lots and four
(4) commonlother lots on 25.85 acres of land. The gross density of the proposed subdivision is 2.43 dwelling units
per acre. All of the lots comply with the dimensional standards of the R-4 zoning district.
The proposed open space consists of the Chinden Boulevard street buffer, 8-foot wide parkways adjacent to the local
streets and two (2) passive open space lots. Overall open space totals 4.57 acres which is approximately 19.2%.
The number of lots and the proposed open space is consistent with the approved preliminary plat, thus staff
recommends approval.
Written Testimony: Mike Wardle submitted written testimony and would like the Council to modify condition of
approval as follows:
Condition #4: change the language from dedicate to preserve. Staff is amenable to this request.
Condition #6a. This condition requires the unimproved ROW adjacent to Chinden Boulevard (Lot 77, Block 1) to be
improved with a 10-foot wide of gravel shoulder and the other 20-feet must be vegetated. Because this is a City code
requirement and was conditioned as part of the preliminary plat staff is not supportive of the applicant's request to
strike the condition. If the Council wishes to allow a different variation than what is required by City Code, staff
recommends the applicant obtain alternative compliance approval for the change.
Staff Recommendation: Approval
Notes:
Item #8E: Solterra (FP-14.008)
Application(s):
9 Final plat
Location: The site is located on the northeast corner of E. Fairview Avenue and N. Hickory Way.
Summary of Request: The proposed final plat depicts three (3) commercial lots, one (1) church lot and forty-three
(43) single-family residential building lots and eight (8) common/other lots on 16.22 acres of land. The property is
zoned C-G, L-0 and R-15. The gross density of the single-family portion of the development is 7.85 dwelling units per
acre, All of the residential lots comply with the dimensional standards of the R-15 zoning district.
The number of lots and the proposed open space is consistent with the approved preliminary plat, thus staff
recommends approval.
Written Testimony: Jim Conger submitted written testimony in agreement with the staff with the exception to site
specific condition of approval #7.
Staff Recommendation: Staff recommends the Council modify condition #7 to graphically depict a 5-foot wide
Permanent Public Utilities, Drainage, and Irrigation easement on the west boundary of Lot 13, Block 2.
Notes:
Item OF: Leisman Addition (VAC•14.001)
Application(s):
Vacation
Location: The site is located east of N. Linder Road and north of W. Pine Avenue.
Summary of Request: The applicant has applied to vacate the 10-foot wide permanent public utilities, drainage, and
irrigation (PUDI) easements located on the common lot line between Lots 3, and 4, Block 3 of Leisman Addition
Subdivision. The applicant is vacating the easement to construct a new 1,500 square foot addition across the shared
property line. The Planning Division has approved a certificate of zoning compliance for the building addition
however; a building permit cannot be issued until the easements are vacated.
All public utilities (Idaho Power, Century Link, Cable One, Intermountain Gas) have given consent to relinquish their
easements. NMID submitted a letter stating they have no facilities within the easement area.
Staff recommends approval of vacating the easements as proposed.
Written Testimony: None
Staff Recommendation: Approval
Notes:
Item 8G ~ H: Centre Point Square (PP•13.042 and MDA•13.025)
Application(s): Preliminary plat and development agreement modification
Size of property, existing zoning, and location: This site consists of 5.28 of an acre, is currently zoned R-15, and
is located west of N, Eagle Road and south of E. Ustick Road.
History: Recently, the property received approval of a new preliminary plat and development agreement modification
to develop 28 single family lots and 1multi-family lot.
Summary of Request: The proposed preliminary plat consists of 40 residential lots and 4 common/other lots on 5.28
acres of land. The proposed single family lots range in size from 2,557 square feet up to 4,849 square feet
respectively. The gross density for the proposed plat is 7,58 dwelling units to the acre; excluding the private street fot
(Lot 1, Block 3) the gross density is 9.46 dwelling units to the acre. All of the proposed lots comply with the R-15
dimensional standards in the UDC.
Access is provided from an existing private alley and an existing private street, N. Cajun Lane. Under the UDC, single
family dwellings are allowed to take access from private streets when the plat is designed with a common mew.
Several of the lots (Lots 37-44, Block 3) will take access from common driveways reducing the number of driveways
to the abutting roadway to ensure vehicles are not backing out into the N. Cajun Lane intersection and round-about.
Currently this property is developed with a 37,250 square foot common lot and a tot lot as allowed under the
recorded DA. This provision also allows the open space to be relocated on the site once development is proposed if
an equal amount of open space is being provided. The primary open space for the development consists of a 38,996
square foot mew lot. The primary amenities will be several sitting benches, inter-connected walkway, a tot lot, and a
gazebo.
Sample building elevations have been submitted with the subject applications and are meant to represent the design
theme of the proposed development. Staff supports the mix of materials (e.g, stucco, wood siding, stone and brick
accents, exposed timbers, mix of colors, decorative trim, decorative corbels and a mix of metal and composite
roofing) and the mix of contemporary and traditional home designs. A provision of the DA compliance will require
compliance with all of the submitted plans and all single family homes must obtain CZC and DES approval and
incorporate a mix of materials as represented.
Commission Recommendation: Approval at the February 6th meeting.
Summary of Commission Public Hearing:
i. In favor: Bob Unger
ii. In opposition: None
iii. Commenting: Pat McBrayer, Julie Hysmith and Larry Hysmith, Janet Bailey, Joesph LeMay, Elizabeth
Gammon, Mark Sessions and Wanda Holsinger
iv. Written testimony: John Blakeslee
Key Issue(s) of Discussion by Commission:
v. Design of the proposed single family homes;
vi. Traffic calming for the private streets;
vii. Aesthetics of the existing townhome development south of this project;
viii. The amount of open space being provided;
Key Commission Change(s) to Staff Recommendation:
vi. Commission modified the DA provision and required a mix of materials on all facades;
vii. Modified condition #1.2.4 requiring the applicant obtain written approval from the Alleman Lateral Users
Association for the relocation of the existing irrigation facility;
Outstanding Issue(s) for City Council: None
Written Testimony since the Commission Hearing: None
ri i n i until tin
March 18, 2014
I : ~A
T' lJ :
ITEM TITLE: City Council Minutes March 4, 2014
MEETING NOTES
.. °`
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
I DATE: IE-MSTAFF T°I AGENCOY I APPL CANT ( NOTES I INITIALS I
ri i n iy until in
1' :March 18, 2014
iT :
A 13®010
ITEM TITLE: Development Agreement - McLinder Subdivision
by TS Development, LLC. Generally Located at the Southeast Corner of W. McMillan
and N. Linder Roads at 4650 N. Linder Road and 1437 W. McMillan Road Request:
Annexation and Zoning of 13 Acres of Land With the R-15 (6.43 acres) and C-N (6.58
acres) Zoning Districts
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Motes
CLERKS OFFICE FINAL ACTION
I DATE: I E-MSTA D TOI AGENCY I APPLICANT I NOTES INITIALS
ADR COUNTY RECORDER Christopher D. Rich AMOUNT .00 50
BOISE IDAHO 03!20114 09:41 AM
RECORDED~nREQUEST OF II I I I ~I ~ I~ I'I II I I II'~ I I"~'~' II) ~~'II
Meridian City i 140t~+3~t
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. TS Development, L.L.C., Owner/Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this day of 2014, by and between City of Meridian, a municipal
corporation of the State of Idaho, hereafter called CITY, and TS Development, L.L.C., whose
address is 4202 N. Marcliff Avenue, Boise, Idaho 83704 hereinafter called OWNER/DEVELOPER.
RECITALS:
1.1 WHEREAS, Owner 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" for
each owner, which is attached hereto and by this reference incorporated
herein as if set forth in full, herein after referred to as the Property; and
1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance,
require or permit as a condition of re-zoning that the Owner/Developerrnake
a written commitment concerning the use or development of the subject
Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of
Section 11-SB-3 of the Unified Development Code ("UDC"), which
authorizes development agreements upon the annexation and/or re-zoning of
land; and
1.4 WHEREAS, Owner/Developerhas submitted an application for re-zoning of
the Property described in Exhibit "A", requesting a designation of R-15
(Medium High Residential) and C-N (Neighborhood Business) zoning
districts under the UDC and generally describing how the Property will be
developed and what improvements will be made; and
1.5 WHEREAS, Owner/Developerrnade representations at the public hearings
both before the Meridian Planning & Zoning Commission and before the
Meridian City Council, as to how the subject Property will be developed and
what improvements will be made; and
DEVELOPMENT AGREEMENT - MCLINDER SUB/SAWTOOTH VILLAGE (AZ 13-010) PAGE 1 OF 8
1.6 WHEREAS, the record of the proceedings for the requested annexation and
zoning designation of the subject Property held before the Planning & Zoning
Commission, and subsequently before the City Council, include responses of
government subdivisions providing services within the City of Meridian
planning jurisdiction, and received further testimony and comment; and
1.7 WHEREAS, City Council, the 26" day of November, 2013, the Meridian
City Council approved certain Findings of Fact and Conclusions of Law and
Decision and Order ("Findings"), which have been incorporated into this
Agreement and attached as Exhibit "B"; and
1.8 WHEREAS, the Findings require the OwnerlDeveloper to enter into a
Development Agreement before the City Council takes final action on
annexation and zoning designation; and
1.9 WHEREAS, Owner/Developer deem it to be in their best interest to be able
to enter into this Agreement and acknowledges that this Agreement was
entered into voluntarily and at their urging and requests; and
1.10 WHEREAS, City requires the Owner/Developer toenter into a development
agreement for the purpose of ensuring that the Property is developed and the
subsequent use of the Property is in accordance with the terms and conditions
of this Agreement, herein being established as a result of evidence received
by the City in the proceedings for zoning designation from government
subdivisions providing services within the planning jurisdiction and from
affected property owners and toensure re-zoning designation is in accordance
with the amended Comprehensive Plan of the City of Meridian on April 19,
2011, Resolution No. 11-784, and the Zoning and Development Ordinances
codified in Meridian Unified Development Code, Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are contractual and
binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and
phrases herein contained in this section shall be defined and interpreted as herein provided for,
unless the clear context of the presentation of the same requires otherwise:
3.1 CITY: means and refers to the City of Meridian, a party to this Agreement,
which is a municipal Corporation and government subdivision of the state of
Idaho, organized and existing by virtue of law of the State of Idaho, whose
address is 33 East Broadway Avenue, Meridian, Idaho 83642.
DEVELOPMENT AGREEMENT - MCLINDER SUB/SAWTOOTH VILLAGE (AZ 13-O10) PAGE 2 OF 8
3.2 OWNER/DEVELOPER: means and refers TS Development, L.L.C., whose
address is 4202 N. Marcliff Avenue, Boise, Idaho 83704, the party that is
developing said Property and shall include any subsequent
owner/developer(s) of the Property.
3.3 PROPERTY: means and refers to that certain parcel(s) of Property located
in the County of Ada, City of Meridian as described in Exhibit "A"
describing the parcels to be zoned R-15 (Medium High Residential) and C-N
(Neighborhood Business) zoning districts, attached hereto and by this
reference incorporated herein as if set forth at length.
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the
right to develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed
under City's Zoning Ordinance codified at Meridian Unified Development
Code.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the following
special conditions:
5.1.1 Upon redevelopment of the site, the developer shall pipe all ditches on the
site as set forth in UDC 11-3A-6A, unless otherwise waived by City Council.
The City Council approved a waiver to UDC 11-3A-6A to allow a portion
(approximately 485 feet) of the Lemp Canal along the north boundary of the
site to remain open and not be piped as proposed by the Applicant.
5.1.2 The subject property shall develop consistent with the site plan, preliminary
plat and building elevations included in Exhibit A of the Findings of Fact and
Conclusions of Law, attached hereto.
5.1.3 Access to this subdivision is restricted to those access points approved by
City Council and allowed by ACHD with the preliminary plat for this site.
The City Council approved the applicant's request for a waiver to UDC I1-
3A-3 for one access to the site via W. McMillan Road and one access point
via N. Linder Road as shown on the revised plat in Exhibit A.2 of the
Findings of Fact and Conclusions, attached hereto.
5.1.4 A minimum 20-foot wide landscape buffer to residential uses is required to
be provided on the commercial property in accord with UDC 11-3B-9C.23
unless otherwise modified by City Council.
DEVELOPMENT AGREEMENT - MCLINDER SUB/SAWTOOTH VILLAGE (AZ 13-010) PAGE 3 OF 8
6. COMPLIANCE PERIOD This Agreement must be fully executed within two (2)
years after the date of the Findings for the annexation and zoning or it is null and void.
7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
7.1 Acts of Default. In the event Owner/Developer, or Owner's/Developer's
heirs, successors, assigns, or subsequent owners of the Property or any other
person acquiring an interest in the Property, fail to faithfully comply with all
of the terms and conditions included in this Agreement in connection with the
Property, this Agreement may be terminated by the City upon compliance
with the requirements of the Zoning Ordinance.
7.2 Notice and Cure Period. In the event of Owner/Developer's default of this
Agreement, Owner/Developer shall have thirty (30) days from receipt of
written notice from City to initiate commencement of action to correct the
breach and cure the default, which action must be prosecuted with diligence
and completed within one hundred eighty (180) days; provided, however, that
in the case of any such default that cannot with diligence be cured within
such one hundred eighty (180) day period, then the time allowed to cure such
failure may be extended for such period as may be necessary to complete the
curing of the same with diligence and continuity.
7.3 Remedies. In the event of default by Owner/Developer that is not cured after
notice as described in Section 7.2, Owner/Developer shall be deemed to have
consented to modification of this Agreement and de-annexation and reversal
of the zoning designations described herein, solely against the offending
portion of Property and upon City's compliance with all applicable laws,
ordinances and rules, including any applicable provisions of Idaho Code §§
67-6509 and 67-6511. Owner/Developer reserves all rights to contest
whether a default has occurred. This Agreement shall be enforceable in the
Fourth Judicial District Court in Ada County by either City or
Owner/Developer, or by any successor or successors in title or by the assigns
of the parties hereto. Enforcement may be sought by an appropriate action at
law or in equity to secure the specific performance of the covenants,
agreements, conditions, and obligations contained herein.
7.4 Delay. In the event the performance of any covenant to be performed
hereunder by either Owner/Developer or City is delayed for causes that are
beyond the reasonable control of the party responsible for such performance,
which shall include, without limitation, acts of civil disobedience, strikes or
similar causes, the time for such performance shall be extended by the
amount of time of such delay.
DEVELOPMENT AGREEMENT - MCLINDER SUB/SAWTOOTH VILLAGE (AZ 13-0] 0) PAGE 4 OF 8
7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or
more of the covenants or conditions hereof shall apply solely to the default
and defaults waived and shall neither bar any other rights or remedies of City
nor apply to any subsequent default of any such or other covenants and
conditions.
S. INSPECTION: Owner/Developer shall, immediately upon completion of any
portion or the entirety of said development of the Property as required by this Agreement or by City
ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written
approval of such completed improvements or portion thereof in accordance with the terms and
conditions of this Agreement and all other ordinances of the City that apply to said Property.
9. REQUIREMENT FOR RECORDATION: City shall record either a memorandum
of this Agreement or this Agreement, including all of the Exhibits, and submit proof of such
recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in
connection with the re-zoning of the Property by the City Council. If for any reason after such
recordation, the City Council fails to adopt the ordinance in connection with the annexation and
zoning of the Property contemplated hereby, the City shall execute and record an appropriate
instrument of release of this Agreement.
10. ZONING: City shall, following recordation of the duly approved Agreement, enact a
valid and binding ordinance zoning the Property as specified herein.
11. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under
Meridian City Code §11-5-C, to insure that installation of the improvements, which the
Owner/Developer agrees to provide, if required by the City.
12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued
in any phase in which the improvements have not been installed, completed, and accepted by the
City.
13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by
all ordinances of the City of Meridian and the Property shall be subject to de-annexation if the owner
or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and
Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian.
14. NOTICES: Any notice desired by the parties and/or required by this Agreement
shall be deemed delivered if and when personally delivered or three (3) days after deposit in the
United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed
as follows:
DEVELOPMENT AGREEMENT - MCLINDER SUB/SAWTOOTH VILLAGE (AZ 13-010) PAGE 5 OF 8
CITY:
City Clerk
City of Meridian
33 E. Broadway Ave.
Meridian, Idaho 83642
with copy to:
City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
OWNER/DEVELOPER:
TS Development, L.L.C
4202 N. Marcliff Avenue
Boise, ID 83704
14.1 A party shall have the right to change its address by delivering to the other
party a written notification thereof in accordance with the requirements of
this section.
15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto
concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as
may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall
survive any default, termination or forfeiture of this Agreement.
16. TIME I5 OF THE ESSENCE: The parties hereto acknowledge and agree that time
is strictly of the essence with respect to each and every term, condition and provision hereof, and that
the failure to timely 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.
17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure
to the benefit of the parties' respective heirs, successors, assigns and personal representatives,
including City's corporate authorities and their successors in office. This Agreement shall be
binding on the Owner/Developer of the Property, each subsequent owner and any other person
acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of
the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions
hereof and any successor owner or owners shall be both benefited and bound by the conditions and
restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute
appropriate and recordable evidence of termination of this Agreement if City, in its sole and
reasonable discretion, had determined that Owner/Developer has fully performed its obligations
under this Agreement.
18. INVALID PROVISION: If any provision of this Agreement is held not valid by a
court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement
and the invalidity thereof shall not affect any of the other provisions contained herein.
DEVELOPMENT AGREEMENT - MCLINDER SUB/SAWTOOTH VILLAGE (AZ 13-010) PAGE 6 OF 8
19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party
shall act reasonably in giving any consent, approval, or taking any other action under this Agreement.
20. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements, condition and understandings between Owner/Developerand City relative to the subject
matter hereof, and there are no promises, agreements, conditions or understanding, either oral or
written, express or implied, between Owner/Developer and City, other than as are stated herein.
Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to
this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them
or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted
ordinance or resolution of City.
20.1 No condition governing the uses and/or conditions governing re-zoning of the subject
Property herein provided for can be modified or amended without the approval of the
City Council after the City has conducted public hearing(s) in accordance with the
notice provisions provided for a zoning designation and/or amendment in force at the
time of the proposed amendment.
21. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the
date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in
connection with the annexation and zoning of the Property and execution of the Mayor and City
Clerk.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNER/DEVELOPER:
TS Development, L.L.C.
By: , s
CITY OF MERIDIAN
~~ ~.~~_
~..~. ~ __
~~
"~ ~~ ~ Mayor Tammy de Weerd
,~
AT'>~'EST:
''. ,~ r:ity „r
6 s (p
ayce~. Holman, City Clerk fi ~ K~ --
,,,.
itj ~J~~`..~
DEVELOPMENT AGREEMENT -MCLINDER SUB/SAWTOOTH VILLAGE (AZ 13-010) PAGE 7 OF 8
STATE OF IDAHO )
. ss:
County of Ada, )
~t~
On this ~ " day of , 2014, before me, the undersigned, a Notary Public in and
for said State, personally appeared `~~ Q ~ ~ -~'C~-lam ,known or identified to me to be
the ~ ~ \T ~-,~t~.~ of TS Development, L.L.C., and acknowledged to me that he executed
the same on behalf of said Corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
Notary Public f Idaho n
Residing at: ~~(~C L(.~ ~ ~.J ~ ~ ~
My Commission Expires: _~~s ~ ~ ~'/ p
STATE OF IDAHO )
County of Ada )
ss
On this ~ ~ day of , 2014, 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.
4
(SEAL) Notary Public for Idaho
Residing at:
Commission expires:
DEVELOPMENT AGREEMENT - MCLINDER SUB/SAWTOOTH VILLAGE (AZ 13-010) PAGE 8 OF 8
Exhibit A
Legal Description
KESTR~.I. 1.AN17
5URV~.YlNG
A1dNFXA7i~3N p/4RCFE t?tiSCRIpTtON
A panel of ground tocated in thr Northwest Ctuarter ~ Sedtbn 36, Township 9 North,
Range i East of the Boise MeridCan, Ada County, Idaho, rrmre perticuleriy desralbed as
INHtfl6 at the Northwest Corm cf motion 35. "f.3N,, lt.1E.~ lltul.,;;
Thence alaztg the ~l+lortis ~~ of the Ns~wett QuarNr of ~~ 5ectbn Satttit 8~24`~"
Gist a distance of 812.21 feet W i I~~
Leaves :alit North one and sbr-g thra Westerly line elCc-llblefktd CrQSStrta Su hto.
2thtoNtMB:
Thence South 00"16'26" West i distance of 429.61 feet to a point;
Thence South 89'24'33` Fast a dl:<ance of 78.21 feat to a point:
menu South 11;42`27" West i d>~nt/l of 79.20 M~ to i pain;.
Thenci South 26'OY4S" West a distance of 198.43 Mat to the MMtth~aasterFy
Cornea of Arch ltad~t Terrace 5ubcftuisbni;
1'hertce kavtr-g sail We~terilt ibi and atone the Korth ltna of Ards Rods Terrace .
.S11l7dlY~Oni North Il9'2S'18" Walt i dtstincr srf 785.00 l~ to R paint on ttfe Welt tM!! of
ttie N6~rthwe-st Clu+~rtCr of solid 5tlctbn 36,
7l1enC'8 abng 5814 West Iln@, North tl0`x4`42" lest a dtst8ttte of6Eb.89 Matto thi l~Wlwl1'
~lt66iNNiNG.
~ahf Parcd txmtatntng 43.004 aeres (566,472 square feat. morn Dries:, snd lndudasthe ltlght-of-
Wayfor West MttNtt{an Road and North Llnd•r Road
i<r-d ~~
a'ro t~tO.13-»~
Prepzrtssd Auguet 16, 20l3
uu x: hn~ x~, r~ aoanb to i3roz [2d~ tat.r3ts • t~U ~rssi~ ~srrnrivrrgcta~
McLinder Subdivision/Sawtooth Village AZ 13-010
Exhibit A
Legal Description
KE.57'R~.L LAN€~
SURVEYING
ZONE R.15 - PARCEL IaESCR1PTiON
A of mound fed in tho Na Qwrter of bn 35, i' p 3 NoRh,
Range 3 East of t3ie t3oisl Mlridiitn, Ade Criurcty, idaiw, more pc~rtic~utarfy d ee
ndng st the 1~101'thWlSt t:Oftler Gf SeCNon 36, T.3N., R.31:., B.f+A„ 1 thl
North line of the No Ctuarter of said ion 36, South 89'24'33' East a ot812.11
feet to a paMtt, Thence said North ttne and abr~ the W of
Su No. 2, South QO`1b'26~ West e.d of 226.47 t4 the PO1NY M6;
Conttrnaing along the Westerly Ane of GrbWetieid Crossing Subdh!~lon Na 2 tha
Thence South OG'16'26" West s dlatacaeoe of 2ti3.14 Beet t4 r poltrt;
7hertoe South X4'33" Eui a of 7'8.21 feetbo a point;
7hencc South u"4Y27" west.a di~tsnce of 79.20 feet to a paw
Thence South 7.b'02'<5' West a dlstanca of 198,43 teat to the Northe~t+trh-
• Corner of Mch Rods 7erraoe Sttbdivlslon,
Tt-enoe kav3n; Bald W~tlriy line srcd efang the North ibe otAnd+ Rock Tarraca
Subdivlabn, North 89''26'lE" tiVat a distsnoe olr 559.9:91`~t to a pohrt;
Ti11lcif~e ieavitgl said North tics, Narth 00'14'42` East a cf 32AD twit t0 s podr~
Thence North 89"2ti18" West, distance of 6.113 feet bo a polrtt;
Thecae Not'th 00'33'4Y East s dlstanu•of 428.40 fact to a point;
711lrIG! Sout3c 119'26'~B" fast ~ dlsgnoe Ot~.45 Plitt t0 file ~
Said P inir~ 6.426 {27`9.986 squire feet), more or leas.
Errd ptbn
PMjett iVo.13-3.32
Preparad August 16, 2D13
N: N~ 1Fd, i~ ~afrti ID
McLinder Subdivision/Sawtooth Village AZ 13-010
Exhibit A
Legal Description
K.~.S~"R~.L LA ~! i~
~5U RV~.YCNG
ZONE C-~ ~ PARCEL PTtON
~Q Cdscrlp~tloo
Proj~lct Rio. x-132
Preparod AtRtsst 13, 7A33
l6'l` ti: LdFp Rd, Rb. 3otr~, IA
McLinder Subdivision/Sawtooth Village AZ 13-010
Exhibit A
Legal Description
K~STR~.L LAND
SURVEYING
ANNt:XATtON PARCEL DESCRIPTION
A parcel of ground tacated In the Northwest Quarter of Section 3b, Township 3 North,
Range i East of the Boise Meridian, Ada County, Idaho, more partlculariy described as fdlaws:
GINNING at the Northwest Corner of Section 36, T.3N., R•1E., B,M.,;
Thence along the North tine of the Northwest Quarter of said Section 36, South @9°24'33"
East a distance of 812.11 feet to a point;
Leaving said North tine and along the Westerly Nne of Cobbtefleld Crossing SubdMsion No.
2 the following;
Thence South 00'16'26" West a distance of 429.61 feet to a point;
Thence South 89'24'33" East a distance of 78.21 feet to a point;
Thence South i1i42`27" West a distance of 79.20 feet to a point;
Thence South 26'02'4S" West a distance of 198.43 fact to the Northeasterly
Corner of Arch Rock Terrace Subdhrlsbn;
Thence leaving said Westerly Tina end along the North Itne of Arch Rock Terrace .
Subdivision, North 89'2b'18" West a distance of 788.00 feet to a point on the West line of
th'e Northwest quarter of said Section 36;
Thence abng said West tine, North 00°14'42" East a distance of 686.89 feet to the POINT
OF gHG1NNING.
Said Parcel containing 13,004 acres (566,472 square feet}, mare or iess, and Mctudes the Right-of-
Way for West McMillan Road and North Linder Road
End Description
Protect No.13-i32
Prepartd August 16, 2013
[ 1614 W. !rill ltd, /6, 6ok®,1D S310T n4~ 86!•734) plYans • (20d) Id0-1334 fas Xatnriurvs~aeom
McLinder Subdivision/Sawtooth Village AZ 13-010
Exhibit A
Legal Description
~~.srR~.~ ~.aN®
SURVEYING
ZONE R-15 - PARCEL pESCRIPTION
A parcel of ground located in the Northwest Quarter of Section 36, Township 3 North,
Range 1 East of the Boise Meridian, Ada County, Idaho, more particularly described as follows:
Gommenctng at the Northwest Garner of Section 36, T.3N., R.1E., B.M., Thence along the
North tine of the Northwest Quarter of Bald Section 36, South 89'24'33" East a dbtance of 812.11
feet to a point, Thence leaving Bald North Ilne and along the Westerly Nne of Cobbkfiald Crossing
5ubdhdslon No. 2, South O0°1.6'26" West a. distance of 226.47 feet to the Pi3ENT OE GC~G11 IN6;
Continuing along the Westerly line of Cobblefleld Crossing Subdivision No. 2 the folbwing:
Thence South 00°16'26" West a distance of 203.14 feet to a point;
Thence South 89.24'33" East a distance of 78.21 feet to a point;
Thence South 11°42'27" West.a distance of 79.20 feet to a point; '
Thence South 26'02'45" West a distance of 198.43 feet to the Northeasterly
Comer of Arch Rock Terrace Subdivision;
Thence leaving said Westerly Tine and along the North line of Arch Rock Terrace
Subdhrisbn, North 89.26'18" 1Nast a distance of 559.99 feet to a point; '
Thence leaving said North IEne, North 00'14'42" East a distance of 32.00 feet to a point;
Thence North 89.26'18" West a distance of 6.83 feet to a point;
Thence North 00.33'42" East a dlstanee~of ~4Z8.00 feet to a point;
Thence South 89.26'18" East a distance of 588.45 feet to the PQIN'TOF EGINNIRiG.
Said Parcel containing 6.426 acres X279,936 square feet), more or less.
End Description
Project No, 13-x32
Prepared August 16, 2013
ii 16'4 ~: Hitt Rd. IM6, Borro, ID 83702
8Sd-Ills p~4ono • (?OB) dAd-73s~1 fru xnlnlrwrw}aca~
McLinder Subdivision/Sawtooth Village AZ 13-010
Exhibit A
Legal Description
K~.ST"REL LAND
SURV~.YlNG
ZONE C-N - PARCEL AESCRIPTtON
A pareel of ground located In the Northwest Quarter of Section 36, Township 3 North,
Range 1 East of the 8olse Meridian, Ada County, Idaho, more particularly described as follows:
BEGINNING at the Northwest Corner of Section 36, T.3N., R.1E., B.M.;
Thence along the North line of the Northwest Quarter of said Section 3b, South 89°2x'33"
East a distance of 812.11 feet to a point;
Thence leaving Bald North tine and slang the Westerly line of Cobblefleld Crossing
Subdivision No. 2, South 00'16'26" West a distance of 226.47 feet to a point;
Thence leaving said Westerly line, North 89'26'18" West a distance of 58$,45 feet to a
point;
Thence South 00.33'42" West a distance of 428.00 feet to a point;
Thence South 89.26'18" East a dts4ance of 6.83 feet to a point;
• Thence South 00°14'42" West a distance of 32.00 feet to a point on th• North hne of Arch
Rack Terrace Subdh-lslon;
Thence along said North Nne, North 89.26'18" West a distance of 228.01 feet to a point
• on the West line of the Northwest Quarter of sAld Section 36;•
Thence along Bald West line, North 00.14'42" East a distance of 686,89 f to the POINT
®F BEGINNING. •
Said Parcel containing 6.578 acres (286,536 square feet), more or less, and Inch~ies Right-of--Way
for West McMillan Road and North Linder Road
End Description
Project AIo.13-132
Prepared Augus416, 2013
l67I IY FNII ltd ild, Bola:, !D 43701 _ (70~Gj dd_8-7315 phone - (14s3, d63.7ut faY JCsitrlrurrsy.co~
l,lvLiatuvi I.INV~Al . iVavaL ,JK .. Vvva,tt • iiiN -~v < 1u 1/ v 1 v
~x~~h~~
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW r~
AND IDAHO
DECISION ~i ORDER
In the Matter of the Requests for Annexation and Zoning of 13 Acres of Land with the R-15 (6.43
Acres) and C-N (6.58 Acres) Zoning Districts; Pt•eliminary Plat for McLinder Subdivision
Consisting of Twenty-Eight (28) Building Lots (7 Commercial & 21 Multi-Family Residential) and
Two (2) Common/Other Lots on 11.88 Acres of Land; and Condtttonat Use Permit for aMulti-
Family Development (Sawtooth Village) Consisting of Eighty-Four (84) Dwelling Units on 6.43
Acres of Land in the R-15 Zoning District, Loeated at 4650 N. Linder Road, by Mary Murphy, TS
Development, LLC.
Case No{s). AZ-13-010; PP-13-022; CUP-13-010
For the City Council Hearing Date of: November 6, 2013 (Findings on November 26, 2013)
A. Findings of Fact
1. Hearing Facts {see attached Staff Report for the hearing date of November 6, 2013, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of November 6, 2013, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of November 6,
2013, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of November 6, 2013, incorporated by reference}
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title G7, 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, 201 i, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions ptoviding sewices in the City of Meridian planning jurisdiction.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE I~IO(S). AZ-13-a10; PP-13-022; CUP-13-Ot0
-I-
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which shall be
signed by the Mayor and City CIerk and then a copy served by the Clerk upon the applicant, the
Planning Deparhnent, the Public Works Department and any affected party requesting notice.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of November b, 2013, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a evndition of approval of the
application.
C. Decision and Order
Pursuant to 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 annexation and zoning is hereby approved with the requirement of a
development agreement with the provisions contained in the attached Staff Report for the
hearing date of November 6, 2013, attached as Exhibit A.
2. The applicant's request for a preliminary plat is hereby conditionally approved per the
conditions of approval in the attached Staff Report for the hearing date of November 6, 2013,
attached as Exhibit A.
3. The applicant's request for conditional use permit is hereby conditionally approved per the
conditions of approval in the attached Staff Report for the hearing date of November 6, 2013,
attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice ofPreliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final plat, or
short plat shall become null and void if the applicant fails to obtain the city engineer's signature
on the final plat within two (2) years of the approval of the preliminary plat or the combined
preliminary and final plat ol• short plat (UDC 11-6B-7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two (2) years, may be considered for
final approval without resubmission for preliminary plat approval (UDC 11-6B-7B).
Upon written request and filed by the applicant prior to the termination of the period in accord
with l 1-6B-7.A, the Director may authorize a single extension oftime to obtain the City
Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up
to two (2) years a~ determined and approved by the City Conncil may be granted. With all
extensions, the Director or City Council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-13-o10; PP-13-022; CUP-13-010
-2-
extension, the property shall be required to go through the platting procedure again (UDC 11-
6B-7C).
Notice of Two (2) Year Conditional Use Permit Duration
Please take notice that the conditional use permit, when granted, shall be valid for a maximum
period of two (2) years unless otherwise approved by the City. Dw•ing this time, the applicant
shall commence the use as permitted in accord with the conditions ofapproval, satisfy the
requirements set forth in the conditions of approval, and acquire building permits and
commence construction of permanent footings or structures on or in the ground. For
conditional use permits that also require platting, the final plat must be signed by the City
Engineer within this two {2) year period.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-5B-6.G.1, the Director may authorize a single extension of the time to commence the
use not to exceed one (1) ttvo (2) year period. Additional time extensions up to two (2) years as
determined and approved by the City Council maybe granted. With all extensions, the Director
or City Council may require the conditional use comply with the current provisions of Meridian
City Code Title 11(UDC 11-SB-6F).
Notice of Two (2) Year Development Agreement Duration
The development agreement shall be signed by the property owner and returned to the City
within two (2) years of the City Council granting annexation andlor rezone (UDC 11-SB-3D).
A lnodii•ication to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the City if filed prior to the end of the two (2) year approval period
(UDC 11-SB-3F).
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to 1•equest a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please talcs notice that this is a final action of the governing body of the City of Meridian.
When app'licablc and pursuant to Idaho Code § G7-G521, any affected person being a person
who has an interest in real property which maybe adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of tllis decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached; Staff Report for the hearing date of November 6, 2013
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-13-014; PP.13-022; CUP-13-010
-3-
By action of the City Council at its regular meeti~ig held on tl~e ~~ day of ~~ ,
2013.
COUNCIL PRESIDENT BRAD HOAGLUN VOTED
COUNCIL VICE PRESIDENT CHARLIE ROUNTREE VOTED
COUNCIL MEMBER DAVID ZAREMBA VOTED
COUNCIL MEMBER KEITH BIRD VOTED
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
_ ___- _
.'~/'~~l
,. -'
r
ayoc ~r~ _de Weerd
Attest: ~ ~~;T~ ~~
,~
~~ ~~~
<•~ f
+~ ~~
'~
.laycee Hnl is ,City Clerk ~ -~ ~ ~~ ~~t~ ~~ ~
`N I ~ ~. ~.
~,>< ;,;
Copy served upon Applicant, Tile P1aItYm~ l~elsartment, Public Works Department and City Attorney.
'~ ~` °~~ Dated: - t,1~ - ~
ltY .,lerl~s b ice -
CITY OF MERIDIAN I~INDWGS Ol~ FACT, CONCLUSIONS OP LAW AND DECISION & ORDER
CASE NO(S). AZ-13-O10; PP-13-022; CUP-13-010
-4-
EXHIBIT A
STAFF REPORT
HEARING DATE:
TO:
FROM:
SUBJECT:
November 6, 2013
Mayor & City Council
Sonya Wafters, Associate City Planner
20$-884-5533
I I .~
1pAH0
Bruce Freckleton, Development Services Manager
208-8$7-2211
AZ-13-010; PP-13-022 -McLinder Subdivision
CUP-13-010 - Sawtooth Village
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, TS Tevelopment, LLC, has applied for annexation and zoning (AZ) of 13 acres of land
with R 15 (6.43 acres) and C-N (6.58 acres) zoning; and a preliminary plat (PP} consisting of 28
building lots (7 commercial and 21 multi-family residential) and 2 common/other lots on 11.88 acres
of land in the proposed R-15 and C-N zoning districts for McLinder Subdivision.
A conditional use permit (CUP} is also requested for amulti-family development consisting of 84
dwelling units on 6.43 acres of land in the R-15 zoning district for Sawtooth Village.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed AZ, PP & CUP based on the Findings of Fact and
Conclusions of Law in Exhibit D of this report.
The Meridian Planning & Zoning Commission heard these items on October 3, 2013 At the
public hearinu, the f".nmmission moved to recommend approval of the st~biect AZ PP and
CUP requests.
a. Summaav of Commission Public Hearing=
i. In favor: Lance Warnick~Aspen Engineers; Penelope Riley. Rile~anning Servicesi
Tom Bevan
ii. Li opposition: None
iii. Co,unientin~: Nune
iv. Written testimony; None
v. Staff presenting application: Sonya Wafters
vi. Other staff commentin~on application: None
b. Key Issue(s) of Discussion by Commission:
i. The number of bicycle racks needed for the multi-family portion of the development
c. Key Commission Change(sl to Staff Recommendation•
i. Sti~ke conditions #l.l.e and #1.3.2 pertaining to a requirement for amulti-use~athway
along Linder Road as one is not required; and
ii. Moclification to condition #1.2.1q to require at least 10 bicycle racks to be provided
within the multi-farm! develo ment in locations a reed u on b the a licant and
staff,
d. Outstanding Issuelsl far Citv_C_ _ouncil•
i. None
McLinder Sub/Sa«~tooth Village AZ-13-010; PP-13-0~~; GiIP-13-010
PAGE 1
EXHIBIT A
,~ Summary of Citv onncil P ihlic Hearint•
L In favor: Lance Warnick Tom i3evan Penelope Riley (Anplicant'c Repreaentativecl
ii, In onnO;~iHon: NnnP.
jjj, Commenfin~: Nine
~, Written testimony: None
yt taff nreseritin anplic tion: onva Watters
yla Other staff Comm n in nn application: N2tie
(2~ ev Issues of Disc ~ssio by ~;ouncil:
L 1~l211la
y_, ev Council Chanue__c tn, ('ommlcSinn Re~nmmpnriatinn
Council approved the annlicant's request for a waiver to . ll- A-3 for access to be
~~ ouncil a»nroved th an licant'~ r~+~~~ ~+ Pr,r• a Waiver (~ 11 3A h to allow a
portion of the Lemn C".anal to remain on_ nand not be Wiped (see condition #1,,1 a l 4 2
~~-2.,~.-5-
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-13-
010, PP-13-022 & CUP-13-010, as presented in the staff report for the hearing date of November 6,
2013, with the following modifications: {Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-13-010,
PP-13-022 & CUP-13-010, as preserved during the Iieariug ou November G, 2013, for the following
reasons: (You should state specific reasons for denial.)
Continuance
1 move to continue File Numbers AZ-13-O10, PP-13-022 & CUP-13-010 to the hearing date of (insert
continued hearing date here) for the following reason(s): (You should state specific reason(s) for
continuance.)
IV. APPLICATION AND PROPERTY rACTS
A. Site Address/Location:
The site is located at 4650 N. Linder Road on the southeast corner of N. Linder Road and W.
McMillan Road, in the NW '/a of Section 32, Township 4 North, Range 1 West. (Parcel No.'s
S0~136223401 & 50436223441)
B. Applicant:
Maiy Murphy, TS Development, LLC
4202 N. Mareliff Ave.
Boise, ID 83704
C. Owner:
Same as applicant
D. Representative:
Lance Warnick, Aspen Engineers
2422 12~' Avenue Road, Ste. 323
Nampa, Ill 83686
Mcl.inder Sub/Sawtooth Village AZ-13-010; PP-13-022; CIJP-13-o10
PAGE 2
EXHIBIT A
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for annexation & zoning, preliminary plat, and conditional use permit,
A public hearing is required before the Planning & Zoning Commission and City Council on this
matter, consistent with Meridian City Code Title 11, Chaptet• 5.
B. Newspaper notifications published on: September 16, and 30, 2013 (Commission); October 14,
and 28, 2013 (Ci Council,)
C. Radius notices mailed to properties within 300 feet on: September 12, 2013 (Commission);
October 10, 2013 (Cit~Council)
D. Applicant pasted notice on site(s) on: September 18, 2013 (Commission); October 25, 2013 (CitX
Council
VI. LAND USE
A. Existing Land Use(s): The subject two parcels currently have existing homes on them.
B. Character of Sul•1•ounding Area and Adjacent Land Use and Zoning:
Nol•th: Commercial properrty (Walgreen's) in the development process, zoned C-N
South: Single-family residential (Arch Rock Terrace Sub.), zoned R-8
East: Single-family residential (Cobblefield Crossing Sub.), zoned R-8
West: N• Linder Road & vacant land, zoned L-O
C. History of Previous Actions: None
D, Utilities:
a. Location of sewer: The city currently owns and maintains a sewer main in W. Ann
Taylor Street adjacent to southwest of the proposed development. This is the intended
receiving sewer main for this proposed development.
b. Location of water: The city currently owns and maintains water mains in W. Alm Taylor
Sheet adjacent to the southwest, W. Cobblefield Street adjacent to the southeast, and W.
McMillan Read, adjacent to the north of the proposed devel~prncnt_ These maim will he
interconnected with the proposed development.
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: The Lemp Canal runs along the north boundary of this s`Ite adjacent
to W. McMillan Road. Another cunttl runs along the southeast col•ner of the site.
A couple of other ditches exist at the northeast corner of the site.
2• Hazards: Staff is not aware of any hazards that exist on this site other than the open
waterways.
3. Flood Plain: This site does not lie within the floodplain overlay district.
VII. COMPREHENSIVE PLAN/ANALYSIS
The Comprehensive Plan Future Land Use Map (FLUM) currently designates the subject property as
"Mixed Use -Neighborhood" (MU-N).
McLinder Sub/Sa~~~tooth Village Az-]3-010; PP-13-022; CLJP-13-010
PAGE 3
EXHIBIT A
Per the Comprehensive Plan, the purpose of the MtT-N designation is to assign areas where
neighborhood-serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is
to avoid predominately single-use developments by incorporating a variety of uses. Land uses in these
areas should be primarily residential with supporting non-residential services. Non-residential uses in
these areas tend to be smaller scale and provide a good or service that people typically do not travel
far for (approximately one mile) and need regularly. Employment opportunities for those living in the
neighborhood are encouraged. Connectivity and access between the non-residential and residential
land uses is particularly critical in MU-N areas. Tree-lined narrow streets are encouraged.
Developments are also encouraged to be designed according to the conceptual M(J-N plan depicted in
Figure 3-I in the Comprehensive Plan (pg. 25).
The applicant plans to develop 6.43 acres of the site with (21) 4-plex structures containing a total of
84 dwelling units and 6.58 acres of the site with neighborhood-friendly commercial uses. The
proposed gross density is 13.07 dwelling units per acre which is slightly above the desired density of
6 to 12 dwelling units par acre in MU-N designated areas.
Stag finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use (staff analysis in italics):
® "Provide far a wide diversity of housing types (single-family, modular, mobile homes and
multi-family arrangements) and choices between ownership and rental dwelling units for all
income groups in a variety of locations suitable for residential development." (3.07.03B)
McLlnder Sub/Sawtooth Village AZ-13-010; PP-13-0~~; CUP-23-O1Q
PAGE 4
EXHIBIT A
The proposed trtulti family residential development will contribttte to the variety of housing
types available within this part of the City.
® "Permit new development only where urban services can be reasonably provided at the time
of final approval and development is contiguous to the City." (3.01.01 F)
City sewer and water services at•e available to be extended to the subject property and the
site is contiguous to the City.
® "Require appropriate landscaping and buffers along transportation corridor (setback,
vegetation. low walls, berms, etc.} (3.06.02F)
A 25 foot wide landscape bt ffer is required along W McMillan Road and N. Linder Road as
shown ott the landscape plan in accord with the standards listed in UDC Table 11-2A-7 8L
11-3I3-7.
® "Protect existing residential properties from incompatible land use development on adjacent
parcels." {3.06.O1F)
The proposed neighborhood commercial and residential use of the property should be
compatible with existitg surrounding residential, cotnntercial, andfutttre office uses.
® "Support applications that apply the neighborhood center concept." (3.01.02A)
The proposed developtnertt is consistent in layout and uses with the neighborhood center
concept in Figt.~re 3- J of the Comprehensive Plan (pg. 25).
® "Encourage infill development." (3.01.02B)
The subject property is surrouttded by property that has been developed in the City;
annexation of this infill property will allow city services to be extended to the property as
intended and provided for.
• "Require all new and reconstructed parking lots to provide landscaping in internal islands and
along streets:' (2.01.04B)
Landscaping within planter islands in the parking lot of the cortttnercial portion of the site
and the street bt ffers along Linder and McMillan Roads are required to be installed with
development of this site.
7n ,czznmzaz y .staff finds the proposed developtner~t is generally consrste»t with the comprehensive
plan.
VIiI. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of Zones:
Per UDC 11-2A-1, the pulpose of the residential districts is to provide for a range of housing
opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of
Meridian water and sewer systems is a requirement for all residential districts. Residential
districts are distinguished by the allowable density of dwelling units per acre and corresponding
housing types that can be accommodated within the density range.
Per UDC 11-2B-1, the purpose of the commercial districts is to provide for the retail and service
needs of the community in accordance with the Meridian Comprehensive Plan. Small-scale
convenience uses with limited hours of operation and access to arterial or collectol• streets are
desired in the C-N district.
B. Schedule of Use; Unified Development Code (UDC) Table 11-2A-2 lists tho permitted,
McLinder Sub/5awkooth Village AZ-13-010; PP-13-022; CUP-13-010
PAGES
EXHIBIT A
accessory, conditional, and prohibited uses in the R-15 zoning district. The proposed multi-family
development is listed as a conditional ttse in the R-15 zoning district. The specific use standards
listed in UDC 11-4-~-27 for multi-family developments apply to development of this property.
'fable 1 I-2B-21ists the permitted, accessory, conditional, and prohibited uses in the C-N zoning
district.
C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2A-7 for the R-15
zoning district and UDC Table 11-2B-3 for the C-N district apply to development of this site.
D. Landscaping Standards (UDC 11-3B): The standards for landscaping contained in UDC 11-3B
apply to dcvelopmerlt of this site.
E. Common Open Space & Site Amenity Requirements: Common open space and site amenities are
required to be provided on the site in accord with the requirements listed in UDC 11-3G-3; 11-4-
3-27C; andl 1-4-3-27D.
1X. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
ANNEXATION & ZONING (AZ): The applicant proposes to annex and zone a total of 13 acres of
land with the R-15 (6.43 acres) and GN (6.58 acres) zoning dislricls wnsisleril wifh lire FLUM
designation of MU-N for this properly.
The applicant has submitted a site plan, included in Exhibit A.4, which depicts how the site is
proposed to develop with amulti-family residential development and neighborhood commercial
uses.
The legal description submitted with the application, included in E~dlibit C, shows the boundaries
of the property proposed to be annexed and rezoned. The property is contiguous to land that has
been annexed into the City and is within the City's Area of Impact boundary.
The City may require a development agreement (DA) in conjunction with an annexation pursuant
to Idaho Code section 67-6S11A. In order to ensure the site develops as proposed with this
application, staff 1•ecolnmends a DA is required as a provision of annexation with the provisions
included in Exhibit B.
CONDITIONAL USE PERMIT (CUP): A CUP is requested for amulti-family development in an
R-15 zoning district in accord with UDC Table 11-2A-2. The multi-family development is
proposed to consist of (21) two-story 4-plex structnres containing a total of (84) 2 and 3 bedroom
dwelling units. Each of the units will have an upstairs and a downstairs.
Each of the structures is proposed to be on individual lots; }lowever, the project as a whole will be
lnallaged by ouc properly owners assacialion and have an orl-silt properly uaanager.
Specific Use Standards: The specific use standards for multi-family developments listed in UDC
11-4-3-27 apply to development of this site as follows:
® A minimum of 80 square feet (s.£) of private useable open space is required to be
provided for each unit. The site plan depicts 80 sf. patios for each unit as typical for each
iehit in the development.
® Developments with 20 units or more shall provide a property management office, a
maintenance storage area, a central mailbox location with provisions for parcel mail that
provides safe pedestrian and/or vehicular access and a directory map of the development
McLinder Sub/Sawtoorh Village A2-13-010; PP-13-022; CUP-13-010
PAGE 6
EXHIBIT A
at an entrance or convenient location for those entering the development. A rental office
and maintenance facility is proposed within the clubhouse. A directory for the
development is proposed in front of the clubhouse at the north entry and at the west
entry. A central mailbox location is required to be provided in accord with the
aforementioned standards.
~ At a minimum, 250 s.f. of common open space is required for each unit containing mere
than 500 s.f. and up to 1,200 s.f. of living area. Because all of the proposed units contain
behveen 500 and 1, 200 square feet of living area, a rnininaum of 21, 000 sf. of cormnon
open space is required to be provided. A total of 97.662 sf, of common open space is
proposed in compliance with this requir~emerrt.
~ At a minimum, four (4) amenities are required to be provided on the site based on the
total nuinUer of units (84). These amenities arG required lv be I'i•oui separate categuries as
listed in UDC 11-4-3-27D. The applicant proposes to provide a clubhouse, stvinrnaing
pool, playground, barbeque ar•ed with picnic tables, walking paths, and open grassy
areas in compliance with this requirement.
® The architectural character of the structures shall comply with UDC 11-4-3-27E. The
conceptual elevations appear to carrrply with this requirement; however, alJ structures
are r•egarrr•ed to obtain design review approval in accord with _ the aforernentiarred
standards and guidelines contained in the Meridian Design Manual.
® Landscaping is required to comply with UDC 11-4-3-27-F. All street facing elevations
shalt have landscaping along their foundation as follows; the landscaped area shall be at
least 3-feet wide and have an evergreen shrub with a minimum mature height of 24
inches for every 3 linear feet of foundation. The remainder of the area shall he landscaped
with ground cover plans. The Landscape plan submitted with the Certificate of Zoning
Compliance for the structures should comply with this requirement.
® The development is required to record legally binding aoe;umeiits that state the
maintenance and ownership responsibilities for the management of the development,
including, but not limited to, structures, parking, common areas, and other development
features. The applicant shall submit doeumerrtatiorr of compliance with this requir•enrent
with submittal of the Cer•tifrcate of Zoaring Compliance.
Access: Access to the multi-family development will be provided via driveway accesses off of
W. McMillan Road and W. Ann Taylor Street. A blanket Dross-access easement should be
depicted on the final plat for all lots within the multi-family portion of the development and the
driveway lots as applicable.
Parking: For multi-family developments, the UDC (Table 11-3C-6 & ll-3C-6G} requires a
minimum of two vehicle parking spaces per dwelling unit with at least one in a covered carport or
garage; and a minimum of one bicycle parking space for every 25 proposed vehicle spaces or
portion thereof. The clubhouse will require one space per 500 square feet of gross flool• area.
Based on 84 dwelling units, a minimum of 168 vehicle parking spaces are required to be provided
with 84 of those covered; a total of 1'71 parking spaces nre proposed with half of those covered in
compliance with this requirement. Carports are proposed on the site plan; a detail of the proposed
carports will be required with the Certificate of Zoning Compliance and Design Review
application(s) for the multi-family structures.
A minimum of 7 bicycle parking spaces are required for the residential portion of the
development. Four (4) 4-stall bike racks are proposed on the site plan in various locations. Staff
recormnerzds that bicycle parking facilities be provided for each building or pair of buildings (at
McT.inder Suh/Sflwtnoth Vi11aEe A7_-13-010; PP.13-022; CLTP_13-010
PAGE 7
EXHIBIT A
a mirtintum, and far the clubhouse/pool area in a number adequate to serve the residents and
visitors as applicable.
Landscaping: Parking lot landscaping is required to be provided in accord with the standards
listed in UDC 11-3B-$C. Each planter island that serves a single row of parking spaces is
required to be landscaped with at least one tree and shall be covered with low shrubs, Iawn, or
other vegetative grotrndcover. The landscape plan submitted with the Certificate of Zoning
Compliance application shall comply with this requirement.
In the C-N district, a 20-foot wide Landscape buffer to residential uses is required on the
commercial property in accord with the standards ]isfed in UDC 11-3B-9C. The applicant
requests City Council approval of a reduced buffer width from 20-feet to 15-feet in accord with
UDC 11-3B-9C.2. Because buildings will not encroach within the required buffer area and
additional landscaping is provided on the residential portion of the site, staff supports the
applicant's request.
Certificate of Zoning Compliance: The applicant is required to submit an application for
Certificate of Zoning Compliance for the proposed use and structures prior to establishment of the
new use in accord with UDC I 1-SB-1.
Building Elevations/FloorPtans: Conceptual building elevations and floor plans for the rnulti-
farnily structures were submitted by the applicant and included in Exhibit A.S. Administrative
design review is required for all multi-family and commercial sh•uctures in accord with the design
standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual.
Design Review: The applicant is required to submit an application for Design Review concurrent
with the Cer•tifieate of Zoning Compliance application in accord with UDC I 1-5B-$. The site and
building design is required to be consistent with the standards listed in UDC 11-3A-19 and the
design guidelines included in the Meridian Design Manual.
PRELIMINARX PLAT (PP}:APP consisting of 2$ building lots (7 commercial and 21 multi-
family residential) and 2 common/other lots on 11.88 acres of land in the proposed R-15 and C-N
zoning districts is proposed for McLinder Subdivision.
The plat is proposed to develop in two phases. Phase I will include infrastructure and utilities on
the (21) 4-plex lots and 2 common lots, the driveways on the west side of the apartments and the
sidewalk along McMillan Road. Phase II will include construction of additional infrastructure,
landscaping of the commercial lots and pipiltg a section of the Lemp Cana[. Construction of the
individual structures in the R-15 zone and the commercial buildings, parking and driveways in
the C-N zone will proceed based on market interest and community needs.
Existing Structures: There are two existing homes and associated outbuildings on this site that
will be removed with development of the site. The existing domestic wells and septic fields far
these homes will be abandoned. One of the existing homes currently takes access directly from
McMillan Road. This access shall be abandoned.
Dimensional Standards: Staff has reviewed,tlre proposed plat for compliance with the
dimensional standards listed Ln UDC Table 11-2A.7 for the R-15 zoning district and Table 11-2B-
3 for the C-N zoning district. All of the lots comply with the minimum standards.
A minimum 25-foot wide street buffer, measured from the back of curb where there is a detached
sidewalk or back of sidewalk where the sidewalk is attached (as applicable), is required adjacent
to N. Linder and E. McMillan Roads, both arterial streets; and a minimum 10-foot wide street
McLinder Sub/Sawtooth Village AZ-13-010; PP-13-022; CUP-13-010
PAGE 8
EXHIBIT A
buffer is required adjacent to W. Ann Taylor Street on the C-N zoned portion of the site, as
proposed.
Access: One access point via N. Linder Road and two accesses via W. McMillan Road are
proposed for this site. Curb cuts for these accesses were constructed with the adjacent road
improvements.
A portion of W. Ann Taylor Street at the southwest earner of the site was constructed with Arch
Rack Terrace Subdivision, the remaining portion is proposed to be constructed with this
subdivision. A driveway will connect to W. Ann Taylor Street for access within the development.
A short section of W. Cobblefield Street is also proposed to be constructed across the southeast
corner of the site to connect two existing stub streets.
A right-in/right-out access via Linder Road is proposed midway between Ann Taylor and
McMillan Raad. The western access via McMillan is proposed to be restricted to right-in/right-
out. The eastern access is proposed to be a full access. The driveways for these access points are
depicted on the plat within an access easement; the easement should provide access for all lots
within the subdivision.
In an effort to improve safety, the UDC (11-3A-3) limits access points to arterial streets by
combining and/or limiting access points. Local street access will be provided from the south via
W. Ann Taylor Street; however, the applicant requests a waiver from Council to allow the other
three direct lot accesses shown via Linder and McMillan Roads, adjacent a~•terial streets. Prior to
Clty Council action on these applications staff recornrnends the applicant gain ACHD approval
for all direct lot access points to Linder Road and McMillan Road.
Landscaping: A 2S-foot wide landscape buffer is required along N. Linder and E. McMillan
Roads, both arterial streets; and a 1lI-foot wide buffer is xequired along W. Ann Taylor Street
Street, a local street, on the commercial portion of the site, per UDC Table 11-2B-3. Street
buffers are required to be landscaped in accord with the standards listed in UDC 11-3B-7C. The
landscaping shown nn the landscape plan complies with the aforementioned standards.
Multi-Use Pathway: Amulti-use pathway (a section of the Eagle Island on-street pathway) is
designated on the Master Pathways Plan for this site along N. Linder Road. Because there is an
existing sidewalk (5' wide detached £c 7' wide attached) along Linder, the Parks Department is
not requiring an additional pathway to be provided. The existing sidewalk will satisfy the
pathway connection in this area for the Eagle Island pathway.
Waterways: The Lemp Canal runs along the north boundary of this site adjacent to W. McMillan
Road. Another canal runs along the southeast corner of the site. A couple of other ditches exist at
the northeast corner of the site. The UDC (11-3A-6A) requires all irrigation ditches, laterals and
canals to be piped, or otherwise covered unless left open as a water amenity or linear open space.
The applicant is proposing to pipe approximately 300 feet of the Lemp canal midway between the
east and west boundaries but requests Council approval of a waiver to T_TDC 11-3A-6A.3 to allow
the remaining portion (approximately 485 feet) to remain open due to its large capacity. The
applicant expects the canal will require a 5' x 5' pre-cast box culvert with wzng-valls on each end
to pipe. The other waterways on the site will be piped as required.
Fencing: A b-foot tall cedar fence is proposed along the southern boundary of the site adjacent to
the residential area. A 6-foot tall cedar fence exists along the entire east side of the site that is
proposed to remain. Temporary fending to contain debris during construction is required to be
installed around the perimeter of the site in areas where fencing is not proposed or does not exist.
The UDC (I 1-3A-dB) requires all open irrigation ditches and canals to be fenced in accord with
the standards listed unless improved as part of the development as a water amenity in accord with
McLinder Sub/Sawtooth Village AL-13-010; PP-13-022; CUP-13-O10
PAGE9
EXHIBIT A
the standards listed in UDC 11-1A-L Details demonstrating compliance with the aforementioned
standards will be required with the final plat application.
Sidewalks: A 5-fnnt wide sidewalk exists along N. Linder Road that is attached north of the
northern access and detached south of the northern access; no sidewalk exists along E. McMillan
Road. A 5-foot wide detached sidewalk is required along E. McMillan Road m accord with UDC
11-3A-17. The sidewalk along E. McMillan Road is required to be constructed with the first
phase of development as proposed.
Open Space ~& Site Amenities: A minimum of 10% of the residential portion of the site is
required to consist of qualified open space in accord with UDC 11-3G-3A. The residential portion
of the plat consists of 6.43 acres; therefore, a minimum of 0.64 of an acre of qualified open space
is required to be provided in accord with the qualifications for open space listed in UDC 11-3G-
3B. Atotal of 1.1 acres (or 1 S% of the site) of qualified open space is proposed with this plat,
consisting of open grassy areas.
In accord with UDC 11-3G-3A.2, a minimum of one qualified site amenity is required to be
provided within this development as set forth in UUC 11-3G-3C. A clubhouse, swimming pool,
barbeque area with picnic tables, a playground, pathway to the common areas, and an additional
5% of open space is proposed as site amenities in compliance with this requirement. A detail of
thG prupused playground equipment should be provided with the final plat application.
Water & Sewer Service: City water and sewer service is available to be extended to the
deve(oplnent via main lines in W. McMillan Road, W. Ann Taylor Street, and W. Cobblefield
Street.
Pressurized Irrigation: An underground pressurized irrigation system is required to be provided
for the development in accord with UDC 11-3A-1 S as proposed.
Storm Drainage: An adequate stolrn drainage system is required in all developments in accord
with the City's adopted standards, specifications, and ordinances, per UDC l 1-3A-18.
Sta„~f'recon~merrds approval of the subject applications with the conrlitzo> s Listed in Exhibit B per
the Findings in Exhibit D.
X. EXHIBITS
A. Drawings
1. Vicinity Map
2. Preliminary Plat (dated: S/ll9{~ 11/1/13) - RF_,VISE.D
3. Landscape Plan (dated: 8/19/13)
4. Site Plan (dated: 8/19/13)
5. Conceptual building Elevations & Floar Plans
B. Agency Comments/Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Sanitary Service Company
McT.inder Suh/Saa~tonth Village AZ.13-010; PP-13-022; CLTp_13.010
PAGE 10
EXHIBIT A
6. Ada County Highway District
7. Parks Department
C. Legal Description and Exhibit Map for Proposed Annexation & 'Coning
D. Required Findings from Unified Development Code
McT,inder Suh/Sarvtooth Village. AZ_13-010; PP-13-022; CUP-13-010
PAGE 11
EXHIBIT A
Exhibit A,1: Vicinity Map
Md.inder Suh/Sawtnoth Village A2-13-010; PP-13-022; CUP-]3-010
PAGE 12
EXHIBIT A
Exhibit A.2: Preliminary Plat (dated; 5~-311/1/13) -REVISED
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PAGE 14
EXHIBIT A
Exhibit A.4: Site Plan (dated: S/19/13)
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Mcl.inder 4uh/Satvtnnth Vill;ige A7_-13-O10; Pp-13-022; CLIP-13-O10
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Mcl,indet• Snh/Sa«rfnnth Village A7-13-(110; PP-13-022; CUP-13-(110
PAGE 20
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EXHIBIT A
B, Agency Comments/Co~tditions
1. PLANNING DEPARTMENT
ANNEXATION & ZONING
1.1 A Development Agreement (DA} is required as a provision of annexation of this property. Prior
to the annexation ordil~ance 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 Clerk's Office to initiate this process. The DA shall be signed by
the property owner and returned to the city within two (2) years of the City Council granting
annexation. Currently, a fee of $303.00 shall be paid by the applicant to the City Clerk's office
prior to commencement of the DA. The DA shall, at minimum, incorporate the following
provisions:
a. Upon redevelopment of the site, the developer shall pipe tfi-e-Lenrp-Gan$I-and all ether ditches
on the site as set forth in UDC 11-3A-6A, unless otherwise waived by City Council.
Council a roved a ~vaiver• to UDC 11-3A-6A to allow a portion (ap~roxintately 48S feet) of
the Lernv Canal along the rror~lZOUndarv ofthe site to rejnain oven and trot be~i ev d as
~znosed by the Applicant.
b. The subject property shall develop consistent with the site plan, preliminarty plat and building
elevations included in Exhibit A.
c. Access to this subdivision is restricted to those access paints approved by City Council and
allowed by ACHI1 with the preliminary plat for this site. The City Council advroved the
apnlicartt's rearrest for a waiver to UDC 11-3A-3 for one q~ress to the site via W McMillan
,$o_~'4d_arad axe access ~oirat via N. Lit~C er Road as shota~n on the r21~),~ed blot in ~ihibit A.2.
d. A minimum 20-foot wide landscape buffer to residential uses is required to be provided on
the commercial property in accord with UDC 11-3B-9C.2 unless otherwise modified by City
Council.
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CONDITIONAL USE PERMIT
1.2 Site specific Conditions afApproval
1.2.1 Development of the site shall substantially comply with the site plan and building elevations
included in Exhibit A, the design standards listed in UDC 11-3A-19 and the guidelines contained
in the City of Meridian Design Manual.
1.2.2 The developer shall comply with the specific use standards for multi-family developments listed
in UDC ll-4-3-27. The plans submitted with the Certificate of Zoning Compliances} for this
development shall demonstrate compliance with these standards.
1.2.3 The applicant shall construct all proposed fencing and/or any fencing required by the UDC,
consistent with the standards as set forth in UllC 11-3A-7 and 11-3A-6B. The UDC (IL-3A-6B)
re~trires all open irrigation ditches and canals to be fenced in accord with the standards listed
unless improved as part of the development as a hater amenity irr accord with the standards
listed in UDC 11-IA-1. Details derrrorastrating corttpllance witlt the aforenterttionedsrandards
McLinder SublSawtooth Village AZ-13-O10; PP-13-022; CUP-13-010
I'AG> 21
EXHIBIT A
will be required with the final plat application.
1.2.4 At a minimum, five (5} amenities are required to be provided on the site based on the total
number of units (84) and the size of the property, in compliance with UDC 11-3G-3 and 11-4-3-
27D, The applicant proposes to provide a clubhouse, swirnnzing pool, playground, barbeque area
with picnic tables, walkingpaths, and open grassy areas in compliance with this requirement.
1.2.5 The applicalrt shaft provide a minimum of 1.1 acres of common open space that meets or exceeds
the standards set fol•th ill UDC 11-3G-3B and 11-4-3-27C.
1.2.6 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site.
1.2,7 Landscaping is required to be provided along the foundation of all street facing elevations in
accord with the standards ill UDC I1-4-3-27-F.
1.2.8 The applicant shall record legally binding documents that state the maintenance and ownership
responsibilities for the management of the development, including, but not limited to, structures,
parking, common areas, and otllel• development features. Documentation of compliance with this
requirement shall be with submitted with the first Certificate of .Zoning Caznpiiance application
for the ruulti family development.
1.2.9 Vehicle parking shall be provided for the multi-family development in accord with the standards
listed in UDC Table 11-3C-ti. A minimum of two (2) parking spaces are required per unit; one of
these in a covered carport or garage.
1.2.10 A minimum of ten (10) bBicycle parking facilities shall be provided for
r°°~~'°~*° °~a ~•~^~*^r-s-as-appl-ieable the multi-famil~lopment in locations a er~pon by the
applicant and staff. Bicycle parking shall comply with the standards listed in UDC 11-3C-SC.
1.2.11 The carports shall be constructed to be compatible with the associated residential buildings in
accord with the Meridian Design Manual (pg. 135) and UDC 11-3A-19.
PRELIMINARY PLAT
1.3 Site Specific Conditions of Approval
1.3.1 The final plat shall substantially comply with the approved preliminary plat in accord with the
requirements listed in UDC 11-6B-3C.
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1.3.3 The existing structures on the site and the access serving the home on McMillan Road shall be
removed prior to signature on the final plat by the City Engineer.
1.3.4 A ininiinum 5-foot wide detached sidewalk is required to be constructed along W. McMillan
Road in accord with UDC 11-3A-17. This sidewalk shall be installed with the first phase of this
development.
1.4 General Conditions of Approval
1.4.1 Comply with all bulk, use, and development standards of the applicable district listed in UDC
Chapter 2 District regulations.
1.4.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set
forth in UDC 11-3A-6. The City Council avvroved a waiver to UDC 11-3A-6~ to allow aportion
McLinder Sub/Sawtooth Village AZ-13-010; PP-13-022; CUP-13-010
PAGE 22
EXHICBTT A
LayyNOxirnately d85 feet) o e .Lemv Canal alone thQ nO~t1~ 1 oundaty of the site to remain o}rzn
and not be vived as yrovosed by the ,4~p ~~~'nt
1.4.3 Install lighting consistent with the provisions as set forth in UDC 11-3A-1 I.
1.4.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A-
15, UDC 11-3B-6 and MCC 9-1-28.
1.4.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17.
I.4.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-SJ.
1.4.7 Construct all off-street parking areas consistent with the standards as sat forth in UDC I 1-3B-SI,
11-3B-8C, and Chapter 3 Article C.
1.4.8 C.onsh•uct the required landscape buffers consistent with the standards as set forth in UDC 11-3B-
7C (streets).
1.4.9 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B-
l 1 C.
1.4.10 Protect any existing trees on the subject property that are greater than four-inch caliper and/or
mitigate for the loss of such trees as set forth in UDC 11-3B-10.
1.4.11 Provide bicycle parking spaces as set forth in UDC 11-3C-6G consistent with the design
standards as set forth in UDC 11-3C-SC.
1.4.12 Comply with the outdoor service a11d equipment area standards as set forth in UDC 11-3A-12.
1.4.13 Consh•uct all required landscape areas used for storm water integration consistent with the
standards as set forth in LTDC 11-3B-11C.
1.4.14 Comply with the stntcture and site design standards, asset forth in UDC 11-3A-19 and the
guidelines set forth in the City of Meridian Design Manual.
1.4.15 Comply with all provisions of UDC 1 I -3A-3 with regard to maintaining the clear vision triangle.
Z.5 Ongoing Conditions of Approval
1.5.1 The conditional use may only be transferred or modihed consistent with the provisions as set forth
in UDC 11-SB-6G. The applicant shall contact Planning Division staff regarding any proposed
modification and/or transfer of ownership.
1.5.2, The applicant and/or property owner shall have an ongoing obligation to prune all trees to a
minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the
area.
1.6 Process Conditions of Approval
1.6.1 No signs are approved with this application. Prior to installing any signs on the property, the
applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3
Article D and receive approval for such signs.
1.6.2 The conditional use approval shall be null and void if the applicant fails to 1) commence the
use within two years as set forth in UDC 11-SB-6F1 or 2) gain approval of a time extension as set
forth in UDC 11-SB-6F4.
1.6.3 The applicant shall submit and obtain approval of a Certificate of Zoning Compliance and Design
Review application from the Planning Division, prior to submittal of a building permit
application.
McLinder Sub/Sawtooth Village A2-13-010; PP-13-022; CUP-13-010
PAGE 23
EXHIBIT A
2. PUBLIC WORKS DEPARTMENT
2.1 Site Specific Conditions of Approval
2.1.1 The applicant shall provide a Iooped water system from the dead end main on the west side of
the clubhouse to the main east of the clubhouse connecting to W. Cobblefield Street.
2.1.2 With the development of Lots 5-6, Block 3, the applicant shall provide a looped water system.
Specifically, the 8-inch diameter main stubbed into the southwest corner of Lot 5 from the
driveway shall connect to the 8-inch diameter main in the driveway entering Lot 6.
2.1.3 An $-inch diameter sanitary sewer main shall be extended in the driveway between Lots 18 and
19, Block 2 to provide service to Lots 6 and 7, Block 3.
2,2 General Conditions of Approval
2.2.1 The applicant shall install sanitary sewer and water mains to and through this subdivision;
applicant shall coordinate main size and routing with the Public Works Department, and execute
standard forms of easements for any mains that are required to provide service.
2.2.2 Minimum cover over sewel• mains is three feet, if cover from top of pipe to sub-grade is less than
three feet than alternate materials shall be used in conformance of City of Meridian Public Works
Departments Standard Specifications.
2.2.3 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or
well water for the primary source. If a surface or well source is not available, asingle-point
connection to the culinary water system shall berequired. If asingle-point connection is utilized,
the developer will be responsible for the payment of assessments for• the common areas prior to
development plan approval.
2.2.4 All existing structures that are required to be removed shall be prior to signature on the Bnal plat
by the City Ensineer.
2.2.5 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or
lying adjacent and contiguous to the area being subdivided, except for a portion of the Lemn
Canal. shall be tiled per UDC 11-3A-6. ~"he City Council ~~roved awaiverlo UDC 11-3A-bA to
ow a onion a_ roxirrrately 485~feet) o{the Lemn Canal alone- the north boundar;v ofthe site
to remain oven and not be pied as ~ronosed by the Applicant Plans shall be approved by the
apprupriale irrigalion/drainage district, or lateral users association (ditch owners), with written
approval ornon-approval submitted to the Public Works Department. If lateral users association
approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City
Enginccr prior to final plat signature.
2.2.6 Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-] -4 and 9 4 8 contact the City of Meridian Engineering Department at
(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)334-2190.
2.2.7 Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and
inspections (208)375-5211.
2.2.8 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,
fencing installed, drainage lots constructed, road base approved by the Ada County Highway
McLinder Sub/Sawtooth Village AZ-13-010; PP-13-022; CUP-13-010
PAGE 24
EXHIBIT A
Dish•ict and the Final Plat for this subdivision shall be recorded, prior to applying for building
permits.
2.2.9 A letter of credit or cash surety in the amount of 110°/o will be required for all uncompleted
fencing, landscaping, amenities, etc., prior to signature on the final plat.
2.2.10 All development improvements, including but not limited to sewer, fencing, micro-paths,
pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2,2.11 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to the issuance of a plan
approval letter.
2.2.12 It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
2.2.13 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.2.14 Applicant shall be responsible for application and compliance with and NPDES permitting that
may be required by the Environmental Protection Agency.
2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.2.16 A11 grading of the site shall be performed in conformance with MCC 11-12-3H.
2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfzll, where footing would sit atop fill material.
2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of
3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least 1-foot above.
2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation district or
ACRD. The design engineer shall provide certification that the facilities have been installed in
accordance with the approved design plans. This certification will be required before a certificate
of occupancy is issued for any structures within the project.
2.2,20 At the completion of the project, the applicant shall be responsible to submit record drawings per
the City of Meridian AutoCAD standards. These record drawings must be received and approved
prior to the issuance of a certification of occupancy for any structures within the project.
2.2.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public
roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights
shall be installed at developer's expense. Final design shall be submitted as part of the
development plan set for approval, which must include the location of any existing street lights.
Street lighting is required at intersections, corners, cur-de-sacs, and at a spacing that does not
exceed that outlined in the Standards. The contractor's work and materials shall conform to the
ISPWC and the City of Meridian Supplemental Specifications to the ISPWC.
2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount
of 125% of the total construction cast for all incomplete sewer, water and reuse infrastructure
prior to final plat signature. This surety will be verified by a line item cost estimate provided by
the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Please contact Land Development Service for more information at 887-2211.
McLinder SublSatvtooth Village AZ-13-010; PP-13-022; CTIP-13-010
PAG) 25
EXHIBIT A
2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of
20%a of the total construction cost for all completed sewer, water and reuse infrastructure for
duration of two years. This surety will be verified by a line item cost estimate provided by the
owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Please contact Land Development Service for more information at 887-2211.
2.2.24 Tt shat I he the resp~nsihility ~f the applicant to ensure that all development feah~res c~mrly with
the Americans with Disabilities Act and the Fair Housing Act.
3. FiIRE DEPARTMENT
3.1 ,One and two family dwellings not exceeding 3,600 square feet require afire-flow of 1,000 gallons
per minute for a duration of 2 hours to service the entu-e project. One and two family dwellings in
excess of 3,600 square feet require a minimum fire flow as specified in Appendix B of the
International Fire Code. Fire Hydrant spacing shall be pl'avided as required by Appendix C of the
International Fire Code.
3.2 Ninal Approval of the fire hych•ant locations shall be by the Meridian Fire Department in accordance
with Lrternational Fire Code Section (IFC) 508.5.4 as follows:
a. Fire hydrants shall have the 41/z" outlet face the main street or parking lot drive aisle.
b, Fire hydrants shall not face a street which does not have addresses an it.
e. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on corners when spacing permits.
e. Fine hydrauis shall not have any vertical obstructions to outlets within 10'.
f. Fire hydrants shall be placed 18" above finished grade to the center of the 4 %a" outlets.
g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5.
h. Show All proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
3.3 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 2$' inside and
48' outside, per International Fire Code Section 503.2.4.
3.4 Provide signage ("No Parking Fire Lane") for all fire lanes in accordance with International Fire
Code Sections 503.4 & D103.6.
3.5 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth
in International Fire Code Section 304.1.2.
3.6 Fire lanes, sheets, and structures (including the canopy height of mature trees) shall have a vertical
clearance of 13'6 as set forth in International Fite Code Section 503.2.1.
3.7 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather
surface are required to be installed before combustible construction material is brought onto the site,
asset forth in International Fire Code Section (1FC) 501.4 and Meridian amendment to IFC 10-4-2J.
3.8 The roadways shall be built to Ada County Highway District cross section standards and have a
clear driving surface. Streets less than 26' m width shall have no on-street parking; streets less
than 32' in width shall have parking only on one side. These measurements shall be based on the
drivable surfacC duitension exchisive of shoulders. The overhead clearance shall be a minimum of
13' 6". The roadway shall be able to accommodate an imposed load of 75,000 GVW as set forth
in International Fire Code Section 503.2.1. and D103.6.1 and D103.6.2.
3.9 The first digit of the Apartment/Ofliee Suite shall correspond to the floor level as set forth in
International Fire Code Section 505.1.
3.10 The applicant shall work with Public Works and Planning Deparkment staff to provide an address
identification plan and a sign which meets the requirements of the City of Meridian sign ordinance
McLinder Sub/Sawtooth Village AZ-13-010; PP-13-022; CUP-]3-010
PAGE 26
EXHIBIT A
and is placed in a position that is plainly legible and visible from the street or road fronting the
property, as set forth in International Fire Code Section 505.1.
3.11 Emergency response routes and fire lanes shall not be allowed to have traffic calming devices
installed without prior approval of the Fire Code Official. National Fire Protection Standard I14I,
Section A5.2.18.
4. POLICE DEPARTMEN'T'
4.1 The Police Department has no concerns related to the site design submitted with the application.
5. REPUBLIC SERVICES
S.l Republic Services has no comments related to this application.
6. PARKS DEPARTMENT
6.1 The Park's Department has no comments on this application.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 Site Specific Conditions of Approval
7.1.1 Construct a 5-foot wide detached sidewalk on the south side of the Settlers Canal abutting the
site, as proposed. Provide a permanent right-of--way easement for the public sidewalks placed
outside of the dedicated right-of-way. The easement shall encompass the entire area between the
right-of--way line and 2-feet behind the back edge of the sidewalk. Sidewalks shall either be
located wholly within the public right-of--way or wholly within an easement.
7.1.2 Complete Ann Taylor as a 3 b-foot street section with curb, gutter, and 5-foot wide attached
concrete sidewalk abutting the site, as proposed. Ann Taylor shall align centerline to centerline
with Ann Taylor on the west side of Lindel• Road across from the site.
7.1.3 Extend and complete Cobblefield Street as a 36-foot street section with curb, gutter, and S-foot
wide attached concrete sidewalk within 50-feet of right-of--way abutting the site, as proposed.
7.1.4 Close one exisluig driveway on McMillan Road located 300 east of Linder Road with vertical
curb, gutter, and sidewalk to match the existing improvements.
7.1.5 Close one existing driveway on McMillan Road located 745-feet east of Linder Road with
sidewalk to match the existing improvements.
7.1.6 Pave all other driveways their full width at least 30-feet into the site beyond the edge of
pavement.
7.1.7 Other than the access specifically approved with this application, direct lot access to Linder and
McMillan Roads is prohibited and shall be noted on the final plat.
7.1.8 Payment of impacts fees are due prior to issuance of a building permit.
7.1.9 Comply with all Standard Conditions of Approval.
7.2 Standard Conditions of Approval
7.2.1 All irrigation facilities shall be relocated outside of the ACRD right-of-way.
7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the
ACRD right-of--way.
7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing
non-compliant pedestrian improvements abutting the site to meet current Americans with
McLinder Snb/Sawtooth village AZ-13-010; PP-13-022; CUP-13-010
PAGE 27
EXHIBIT A
Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of
ADA com liance to District Develo ment Review staff for review.
7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) far details.
7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all
landscaping proposed within ACRD right-of--way or easement areas.
7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of way. The
applicant at na cost to ACRD shall repair existing utilities damaged by the applicant. Tha
applicant shall be required to call DIGLINE (1-811-342-15$S) at least two full business days
prior to breaking ground within ACRD right-of--way. The applicant shall contact ACRD Traffic
Operations 3 87-6190 in the event any ACRD conduits (spare or filled) are compromised during
any phase of constl•uctian.
7.2.8 Utility street cuts in pavement less than five years oId are not allowed unless approved in writing
by the District. Contact the Disri•ict's Utility Coordinator at 387-6258 (with file numbers) for
details.
7.2.9 All design and construction shall be in accordance with the ACRD Policy Manual, ISPWC
Standards and approved supplements, Construction Services procedures and all applicable ACRD
Standards unless specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
7.2.10 Construction, use and property development shall be in conformance with all applicable
requirements of ACRD prior to District approval for occupancy.
7.2.I 1 No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative of ACRD. The burden shall be upon the applicant to obtain written confirmation
of any change from ACRD.
7.2.12 If the site plan or use should change in the firture, ACfID Planning Review will review the site
plan and may require additional improvements to the transportation system at that time. Any
change in the planned use of the property which is the subject of this application, shall require the
applicant to comply with ACRD Policy and Standard Conditions of Approval in place at that time
unless awaiver/variance of the requirements or other legal relief is granted by the ACRD
Commission.
McLinder Sub/Satvtooth Village .4Z-13-O]0; PP-13-022; CUP-13-010
PAGE 28
EXHIBIT A
C. Legal Description and Exhibit Map for Proposed Annexation & 7.oning
KESTREL LAND
SURV~.YING
ANNEXATION PARCEL DESCRIPTION
A parcel of ground faceted In the Northwest quarter of Sectbn 3fi, Township 3 North,
Range x East afthe ®olse Meridian, Ada County,ldaho, more partlcularfy described as folbws~
BEGINNING at the Northwest Corner of Sectbn 36, T.3N., R.lE., B.M.,;
Thence slang the North Ilne of the Northwest quarter of said Section 36, South 89'24'33"
East a distance of 812.11 feet to a point;
Leaving said North line and along the Westerly Nne of Cobblefleld Grassing SubdhAsbn No.
2 the fofbwing:
Thence South OQ'16'26" West a distance of 429.61 feet to a point;
Thence South 89°24'33" East a distance of 78.21 feet to a polrrt;
Thence South 21'42'x7" West a distance of 79.20 feet to a point;
Thence'South 26'02'4S" West a distance of 198.43 feet to the Northeasterlir
Corner of Arch Rock Terrac® 5ubdhrision;
Thence Leaving said We~terfylhle and along the North Ilne of Arch Rock Terrace .
Subdlvtslon, North 89°26'18" West s distance of 788.00 feet to a point on the Weft Nne of
the Northwest quan:er of said Section 36;
Thence abng said West Tine, North 00'14'4x" East a distance of 686.89 feet to the POINT
OF BEQINNING.
Sold Parcel containing 13.004 acres (566,472 square feet), more or loss, and Includes the Right-of-
Wayfor West McMillan Road and North Linder (Road
End Description
AroJect No. 13-152
Prepared August i6, 2013
167d A' ff!!lJt~, d6, 6age /D 83yB? (10lU 8dd-7343 phone - (JOd) 8d8.733~,}a~r 1Catrsln+rwy.eo
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McI,inder Sub/Satt~tooth Village A2-13-010; PY-13-022; CUF-13-010
PAGE 29
EXHIBIT A
kEST'REL LAND
SURVEYING
ZONE R-15 - PARCEL DESCRIPTION
A parcel of ground located In the Northwest Quarter of Section 36, Township 3 North,
Range 1 East of the Boise Meridian, Ada County, Idaho, mare particularly described as follows:
Commencing at the idorthw®st Corner of section 36, T.BN., fi.7,E., B.M., Thence mlong the
North line of the Northwest Quarter of said Section 36, South 89'24'33" East a distance of 812.11
feet to a point, Thence leaving said North I1ne and along the Westerly flee of Cobblefiafd Grassing
Subdiv~lon No. 2, South 00'16'26" West a.distence of 226.47 feet to the POINT Ot+ BEGINNING;
Continuing along the Westerly line of Cobbiefleid Crossing 5ubdivislon No, 2 the faibwing:
Thence Sou#h 00`16'26" West >a distance of 203.14 feet to a point;
Thence South B9°2d'33" East a distance of 7>~.21 feet to a point;
Thence South 11°42'27" West.a distance of 79.20 feet to a point; '
Thence South 26°02'45" West a distance of 198.43 feet to the Northeasterfy
Comer of Arch Rock Terrace Subdivision;
Thent~ IeaWng Bald Westerly line and slang the North Itne ofArch Bock Terrace
Subdlvisbn, North 89'26'18" V1-est a distance of 559,99 feet to a point;
Thsncs {saving said North Ilns, Narth 00'l4'4Z" East a distance of 32.00 feet to a point;
Thence North 89®26'18" West a dist>nce of 6,83 feet to a point;
Thence North 00°33'42" East a distance~of Q28.00 feet to a point;
Thence South 89'26'18" East a distance of 588.45 feet to the POINT ®F BEGINNING.
Said Parcel containing 5.426 acres (279,936 square feetj, more or less.
End Description
Project No. 13-132
Prepared August 16, 2013
!d_fd W. Ntll Rd, 116, Rotro,lD 6J70,t ~?0~) a8d•7J~li pharu - (70E) 8dd-7331 ~u
McLinder Sub/Sawtooth Vihaso AZ-13-010; PP-13-022; CUP-13-010
PAGE 30
EXHIBIT A
K>/5TR>/L LAN D
SURVEYING
ZONE GN -PARCEL DESCRIPTION
A parcel of ground Located In the Northwest Quarter of 5ectlon 36, Township 3 North,
Range 1 East of the Boise Meridian, Ada County, Idaho, more particularly described as follows:
i3titaiNNING at the Northwest Corner of Section 36, T.3N., R.1E., B,M.;
Thence along the North tine of the Northwest Quarter of said Section 35, South 89°Z4'33"
Cast a distance of 812.11 feet to a point;
Thence leaving said North tine and along the Westerly line of Cobblefieki Crossing
Subdivision No, 2, South t?0°16'26" West a distance of 226.47 feet to a point;
Thence leaving said Westerly line, North 89®26'18" West a distance of 588,45 feet to a
point;
Thence South 00'33'42" West a dfstance of 428.00 feet to a point; '
Thence South 89°26'x,8" East a dfstance of 6.83 fast to a point;
Thence South 00°14'4x" West a distance of 32.00 feet to a point on the North one of Arch
Rack Terrace Subdivision; -
Thence along Bald North tine, North 89'26'18" West,a distance of 228.01 to a paint
on the West line of the Northwest Quarter of said Section 36;-
Thence along said West tine, North x0'14'42" East a distanee of 686.89 feet to the t'OINT
OE t3EGINPIIN®, .
Said Parcel containing 6.57$ acres 1286,536 square feet), mots or less, and includes Right-of--Way
fnr West AAcMllian Road and North t-finder Road
find Description
Project No.13-132
Prepared August 16, 2013
/d7d W. Ht!! Rd, ~Mttf, Bobrs, ID dl70? _ _ /'1041 dD8-7lIS pAone - {IDd) BBd.7iJ4j~ ~orRrtJtuwsycos~
_- _ ,rr~- .~ _ r._ _ .
McLinder Sub/Sawtooth Village AZ-13-010; PP-13-022; CIJP-13-010
PAGE 31
EXHIBIT A
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McLinder Sub/Sawtooth Village AZ-13-010; PP-13-022; CUP-13-010
PAGE 32
ri i n i until tin
1° a March 18, 2014 11' l1
J 1' ; MDA 13-024/PP 13-039
ITEM TITLE: Findings for Denial -Falconers Place
by Falcon Drive Meridian, LLC located Southeast Corner of E. Falcon Drive and S. Eagle
Road. Denial of a Request to Amend the Recorded Development Agreement
(Instrument # 105152708)to Change the Development Plan from a Retirement
Community to a Townhome Community for the Proposed Falconers Place Subdivision.
Denial of Request for Preliminary Plat Approval Consisting of Two (2) Residential Lots
and One (1) Common Lot on Approximately 4.69 Acres in an R-8 Zoning District.
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE: IE.MSTAFFTOI AGENCOY I APPLICANT I NOTES I INITIALS
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE REQUEST
FOR A DEVELOPMENT AGREEMENT
MODIFICATION TO CHANGE THE
DEVELOPMENT PLAN FROM A
RETIREMENT COMMUNITY TO A
TOWNHOME COMMUNITY AND A
PRELIMINARY PLAT APPROVAL
CONSISTING OF TWO RESIDENTIAL
LOTS AND ONE COMMON LOT ON
APPROXIMATELY 4.69 ACRES IN A
R-8 ZONING DISTRICT
FOR
FALCON DRIVE MERIDIAN, LLC
APPLICANT.
C/C 03-04-14
Case No. MDA 13-024; PP 13-039
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER OF
DENIAL
The above entitled development agreement modification and preliminary plat
application having come on for public hearing on March 4, 2014, at the hour of 6:00 o'clock
p.m. at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho. Bill Parsons,
Meridian Planning and Zoning Department, and Deborah Nelson and Laren Bailey, appeared
and testified on behalf of Falcon Drive Meridian, LLC, and the City Council having duly
considered the evidence and the record in this matter therefore make the following Findings of
Fact and Conclusions of Law, and Decision and Order:
FINDINGS OF FACT
1. The notice of public hearing on the application for development agreement
modification and preliminary plat was published for two (2) consecutive weeks prior to said
public hearings scheduled for March 4, 2014, before the City Council, the first publication
appearing and written notice having been mailed to property owners or purchasers of record
within three hundred (300') feet of the external boundaries of the property under consideration
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL PRELIMINARY
PLAT AND DEVELOPMENT AGREEMENT MODIFICATION; CASE NO. MDA 13-024; PP 13-039- PAGE 1 OF 4
more than fifteen (15) days prior to said hearings and with the notice of public hearings having
been posted upon the property under consideration more than one week before said hearing;
and that copies of all notices were made available to newspaper, radio and television stations as
public service announcements; and the matter having been duly considered by the City Council
on March 4, 2014, public hearing; and the applicant, affected property owners, and government
subdivisions provided services within the planning jurisdiction of the City of Meridian, having
been given full opportunity to express comments and submit evidence.
2. There has been compliance with all notice and hearing requirements set forth in
Idaho Code §§67-6509 and 67-6511, and § 11-SA, Municipal Code of the City of Meridian.
3. The City Council takes judicial notice of its zoning, subdivisions and
development ordinances codified at Title 11, Municipal Code of the City of Meridian, and all
current zoning maps thereof, and the Amended Comprehensive Plan of the City of Meridian on
April 19, 2011, Resolution No. 11-784, and maps and the ordinance Establishing the Impact
Area Boundary.
4. The property is generally located on the southeast corner of E. Falcon Drive and
S. Eagle Road in the NW 1/4 of Section 28, Township 3 North, Range 1 East, Meridian, Idaho
(Parcel's 8319250021 and 8319250023).
5. Falcon Drive Meridian, LLC whose address is 3330 E. Louise Drive, Suite
#300, Meridian, Idaho, is the current property owner and applicant.
6. The Applicant requests approval of a development agreement modification to
change the development plan from an assisted living facility consisting of six (6) buildings to a
36-unit townhome development and a preliminary plat consisting of two (2) residential lots and
one (1) common lot on 4.69 acres in an R-8 zoning district. The property which is the subject
of this application is within the City of Meridian.
CONCLUSIONS OF LAW
1. The City of Meridian shall exercise the powers confel7ed 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 shall apply the standards listed in Idaho Code §67-
6511A and Section 11-SB-3F of the Unified Development Code to review the development
agreement modification request.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL PRELIMINARY
PLAT AND DEVELOPMENT AGREEMENT MODIFICATION; CASE NO. MDA 13-024; PP 13-039- PAGE 2 OF 4
3. Due consideration has been given to the comment(s) received from the
governmental subdivisions providing services in the City of Meridian planning jurisdiction.
4. That this denial is in accordance with the attached Staff Report for the hearing
date of March 4, 2014, incorporated by reference.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby
order and this does order:
That the application for development agreement modification is denied since the
proposed modifications to the current development agreement are not improvements over the
contemplated use of the subject property. City Council has elected not to deviate from the
specific use as an assisted living facility as approved in the Conditions Governing
Development of Subject Property as outlined in the existing Development Agreement dated
September 27, 2005 (instrument # 105152708).
Since the request to change the development plan has been denied, the preliminary plat
request is no longer needed and is therefore denied.
By action of the City Council at its regular meeting held on the day of March,
2014.
ROLL CALL:
COUNCILMAN KEITH BIRD
COUNCILMAN JOE BORTON
COUNCILMAN LUKE CAVENER
COUNCILWOMAN GENESIS MILAM
COUNCILMAN CHARLIE ROUNTREE
COUNCILMAN DAVID ZAREMBA
MAYOR TAMMY de WEERD (TIE BREAKER)
VOTED
VOTED
VOTED
VOTED ° ~~ ` ~"
VOTED ,...
VOTED
VOTED ~~~
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL PRELIMINARY
PLAT AND DEVELOPMENT AGREEMENT MODIFICATION; CASE NO. MDA 13-024; PP 13-039- PAGE 3 OF 4
F
DATED: /
MOTION: APPROVED: DISAPPROVED:
,:_~~~
,~
MAY01~ ~'AMMY de WEERD
~~ ,.
Copy served upon Applicant, the Community Development Department, Public Works
Department, and City Attorney.
Dated.
By.
City Clerk's Office
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL PRELIMINARY
PLAT AND DEVELOPMENT AGREEMENT MODIFICATION; CASE NO. MDA 13-024; PP 13-039- PAGE 4 OF 4
SUBJECT: PP-13-039; MDA-13-024 and ALT-13-025 -Falconers Place
After the Commission hearing, staff received a notarized affidavit from one of the property owners
(Ronald Mowery) revolting their permission to be part of the proposed preliminary plat application
(Lot 1, Bloch 1). The Mowery property was improperly split from the original parcel through the
County after City annexation in 2005. This issue vas not raised in the staff report because the
Mowery's property was included within the boundaries of the proposed plat. Without the inclusion
of the Mowery property, staff has the following concerns:
1) The boundary of the proposed preliminary plat is no longer valid based on the lack of
consent from one of the property owners;
2) The road improvements in front of the Mowery's residence will not occur with this
subdivision and are unlikely to be constructed;
3) The Mowery's and/or a future property owner will be required to connect the existing
residence to City sewer and water at their own expense once services are available as
required in the recorded DA; and
4) The properties will not be eligible for a building permit until both properties are subdivided
in accord with the UDC.
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Falcon Drive Meridian, LLC, is requesting approval of the following applications:
1) Preliminary plat (PP) consisting of two (2) residential lots and one (1) common lot on 4.69 acres
in an R-8 zoning district;
2) Development agreement modification (MDA) to change the development plan from an assisted
living facility consisting of six (6) buildings to a 36-unit townhome development and;
3) Alternative compliance to deviate from the required 20' X 20' parking pads in front of the
townhomes.
2. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed preliminary plat, development agreement modification
and alternative compliance applications with the conditions listed in Exhibit B, based on the Findings
of Fact and Conclusions of Law in Exhibit C. The Meridian Planning and Zoning Commission
heard these items on January 16, 2014. At the public hearing, the Commission voted to
recommend denial of the subiect PP, MDA and ALT requests.
Falconers Place - PP-13-039, MDA-13-024 & ALT-13-025 PAGE 1
a. Summary of Commission Public Hearing:
i. In favor: Laren Bailey and David Alexander
ii. In opposition: Teresa Turner, Tammy Coolc and Lindell Timothy
iii. Commenting: Bob Aldridge, Rex Coolc, Harold Krasinslci, Holly Thomas-Mowery and
Jonathan Mowery
iv. Written testimony: Ronald Mowery, Brady and TeresaTurner and Rick and Michelle
Stott
v. Staff presenting application: Bill Parsons
vi. Other staff commenting on application: Ted Baird
b. Ke v Issue(s) of Discussion by Commission:
i. The R-8 zoning was granted for the purpose of constructing an assisted living facility.
ii. Approving the proposed development when the recorded development agreement
restricts the use to the assisted living facility.
c. Ke v Commission Change(s) to Staff Recommendation:
i. Commission recommended denial of the application due to the restriction of the use on
the property.
d. Outstanding Issue(s) for City Council:
i. Withdraw of consent from the Mowery property.
3. PROPOSED MOTION
Denial
Aftei° considering all staff, applicant and public testimony, I move to deny File Numbers PP-13-039,
MDA-13-024 and ALT-13-025 as presented in staff report for the hearing date of March 4, 2014 for
the following reasons: (You should state specific reasons for denial of the applications.)
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers PP-13-
039, MDA-13-024 and ALT-13-025 as presented in staff report for the hearing date of March 4, 2014
with the following modifications: (Add any proposed modifications.)
Continuance
I move to continue File Numbers PP-13-039, (MDA-13-024 and ALT-13-025 optional) to the hearing
date of (insert continued hearing date here) for the following reason(s): (You should state specific
reason(s) for continuance.)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
The site is located southeast corner of E. Falcon Drive and S. Eagle Road in the NW '/a of Section
28, T.3N., R.lE. (Parcel's 8319250021 and 8319250023)
b. Owners;
Falcon Drive Meridian, LLC
3330 E. Louise Drive, Suite #300
Meridian, ID 83642
Ronald Mowery
3295 E. Falcon Drive
Meridian,lD 83642
c. Applicant:
Falcon Drive Meridian, LLC
3330 E. Louise Drive, Suite #300
Meridian, ID 83642
d. Representative:
Falconers Place - PP-13-039, MDA-13-024 & ALT-13-025 PAGE 2
Laren Bailey, LEI Engineers and Surveyors
3023 E. Copper Point Drive
Meridian, Idaho 83642
e. Applicant's Request: Please see applicant's narrative for this information.
5. PROCESS FACTS
a. The subject applications are for a preliminary plat, development agreement modification and
alternative compliance. A public hearing is required before the Planning and Zoning Commission
and City Council on this matter, consistent with Meridian City Unified Development Code Title
11, Chapter 5.
b. Newspaper notifications published on: December 30, 2013 and January 13, 2014 (Commission);
January 27, and February 10, 2014 (Council)
c. Radius notices mailed to properties within 300 feet on: December 23, 2013 (Commission);
January 23, 2014 (Council)
d. Applicant posted notice on site by: January 3, 2014 (Commission); February 6, 2014 (Council)
6. LAND USE
a. Existing Land Use(s): A portion of the site (0.50 acres) is developed with a single family
detached home and will remain on Lot 1, Block 1 of the proposed subdivision. The remaining
vacant acreage (4.19 acres) is proposed to develop with the thirty-six (36) townhomes. The entire
property is zoned R-8.
b. Description of Character of Surrounding Area and Adjacent Land Uses and Zoning: The
surrounding area is primarily developed as single family residential; zoned RUT in Ada County,
R-4 and R-8.
c. History of Previous Actions:
® In 2005, City Council approved the annexation, preliminary plat and conditional use permit
(AZ-OS-027, PP-OS-027 and CUP-OS-034) to construct and operate an assisted living facility
comprised of 5 individual facilities on the property. As part of the annexation approval, the
Developer and the City entered into a development agreement (DA) recorded under
insh•ument # 105152708.
® In 2008, City Council approved a new preliminary plat and conditional use permit (PP-08-
004 and CUP-08-008) for the same use on the property however, the developer at the time
failed to submit a time extension application or record the plat and establish the use on the
site within the time limits of the UDC. Currently, the recorded DA restricts the use of the
property to the assisted living facility.
d. Utilities:
1. Public Works:
Location of sewer: The sanitary sewer main intended to provide service to this development is
existing in S. Eagle Road.
Location of water: Domestic water mains to provide service to this development are existing
in S. Eagle Rd. and E. Falcon Drive.
Issues or concerns: None
e. Physical Features:
1. Canals/Ditches hrigation: No major facilities transverse the subject properties.
Falconers Place - PP-13-039, IvIDA-13-024 & ALT-13-025 PAGE 3
2. Hazards: Staff is not aware of any hazards that exist on the property.
3. Flood Plain: NA
4. Topography: NA
7. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Low-density Residential" (LDR) on the Comprehensive Plan Future
Land Use Map. The LDR land use designation anticipates residential development at gross
densities of three (3) dwelling units or less to the acre. The subject property is currently zoned R-
8which allows the property to develop with a maximum of 8 dwelling units to the acre under the
Unified Development Code (UDC).
As mentioned above, the R-8 zone was established on the property to develop an assisted living
facility. In order to develop the property with the assisted living facility, the previous developer
requested astep-up in the density/zoning (e.g, low to medium) as allowed in the comprehensive
plan. For purposes of this application, the comprehensive plan becomes the advisory tool for
determining the future land use and the underlying zoning regulates the use and the density in
which the property may be developed.
Now that an assisted living facility is no longer proposed for the property, the applicant is
proposing to subdivide the property into two (2) buildable lots that consists of one (1) existing
single-family detached home (Lot 1, Block 1) and thit•ty-six (36) proposed townhomes (Lot 2,
Block 1) on 4.69 acres of land. Gross density proposed for this project is 7.87 dwelling units to
the acre. Although the density is greater than the anticipated density of the comprehensive plan,
the use and density proposed with the development is allowed in the R-8 zone and consistent with
the step-up in density allowed in the Comprehensive Plan.
Staff finds the following Comprehensive Plan policies to be applicable to this property to support
the proposed development (staff analysis in italics below policy):
® "Support a variety of residential categories (low-, medium-, medium-high and high-density
single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the
purpose of providing the City with a range of affordable housing opportunities." (3.07.01 E)
The proposed townhome developrner~t should provide additional housing choices which is
currently lacking in the area.
® "Permit new development only where urban services can be reasonably provided at the time
of final approval and development is contiguous to the City." (3.01.O1F)
The pr°oposed development is contiguous to the city and city services are available to be
extended to the site upon development in accord i-With UDC 11-3A-21.The recorded DA
regarir•es the existing single family home to com~ect to Cit}~ server and water- tivith the first
phase of development.
® "Support infill of vacant lots in substantially developed, single-family at•eas at densities
similar to surrounding development. Increased densities on vacant lots maybe considered if
structures are compatible with surrounding development." (3.07.02I)
The subject property is stn•r°ounded by properties developed at urban densities lot~~er than the
proposed residential development. Hotnever, the residential development on the southwest
corner of Victory Road and Eagle Road is developed with a mix of single family and multi-
family units.
Falconers Place - PP-13-039, MDA-13-024 & ALT-13-025 PAGE 4
The applicant has submitted building elevations for the townhomes. The proposed structures
are meant to emzrlate the szn•rounding single farzzily homes by incorporating similar building
materials and design features (e.g. horizontal and cedar shake siding, decorative corbels,
stone wainscot, decorative trim, varying r•oofforrns and bell bands).
Since the proposed use of the property is principally permitted within the R-8 zone, the
proposed design of the strtrctzrr•es ennrlate the surrounding residences and the proposed
density is consistent lvith a medium density development, staff finds the development slzotrld
be compatible lvith the surrounding single family developments,
® "Require street connections between subdivisions at regular intervals to enhance cormectivity
and better traffic flow."(3.03.03C)
Because this a totvnhonze development, local street access must be provide to serve the
proposed development. With the development of the subdivision, a new local sb•eet (S.
Falconers Place) will be constructed to serve the towrzhorzze portion of tTze development. The
netiv roadiway will tie into E. Falcon Drive which connects to Eagle Road. The existing
residence tivill continue to take access from E. Falcon Drive, a local street. No direct lot
access to Eagle Road is proposed or approved with the subject application.
The public streets constructed lvith the Karmelle Subdivision to the east connect to E. Falcon
Drive and provide a Victory Road access to the proposed development.
® "Restrict private curb cuts and access points on collectors and arterial streets." (3.06.02D)
See analysis above.
® "Pursue sidewalk construction for existing substandard streets." (3.03.02D)
The subject property abuts E. Falcon Drive which is czn~rently a substandard street. With the
development of the subdivision, the applicant will responsible for constructing a 5 foot ti-vide
sidewalk along the entire E. Falcon Drive frontage. The plans as submitted depict a 9 foot
wide parkway and a 5 foot ti-vide detached sidewalk consistent with this action item.
• "Provide housing options close to employment and shopping centers." (3.07.02D)
The proposed development will provide additional housing options in this area of the City
within close proximity to employment centers, education facilities and shopping along the
Eagle and Overland Road corridors.
® "Require appropriate landscaping and buffers along transportation corridors (setbacks,
vegetation, low walls, berms, etc.)." (3.06.02F).
Street btffer landscaping is required adjacent to S. Eagle Road in accord with the standards
listed in UDC 11-3B-7C. Fencing shall comply with the standards listed in UDC 11-3A-7.
• "Require usable open space to be incorporated into new residential subdivision plats."
(3.07.02A)
Since the plat is under the 5 acre mirzirnunz, the UDC does not require compliance inith the
common open space and site amenity standards set forth in UDC 11-3G. The only required
landscaping for the development is the 25 foot wide landscape bzrffer adjacent to S. Eagle
Road. The submitted plan depicts approximately 2.74 acres of open space and ttvo (2)
amenities. Staff is supportive of the proposed open space and amenities as a typical infrll
development does not provide this amount of open space for the benejit of the futttr•e residents
and should cornplemerzt the surrounding single farzzily developments.
Falconers Place - PP-13-039, MDA-13-024 & ALT-13-025 PAGE 5
After considering all of these factors staff is of the opinion that the proposed development is generally
consistent with comprehensive plan.
8. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of the Residential Districts (R-8): The purpose of the residential districts is to
provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan.
Residential districts are distinguished by the allowable density of dwelling units per acre and
corresponding housing types that can be accommodated within the density range.
B. Schedule of Use Control: Unified Development Code (UDC) 11-2A-21ists townhomes and single
family detached housing as principally permitted uses in the R 8 zoning district.
C. Dimensional Standards: Development of the site shall comply with the dimensional standards
listed in UDC 11-2A-6 for the R-8 zoning district.
D. Landscaping: A 25-foot wide buffer is required to be constructed along S. Eagle Road in accord
with the sheet buffer landscaping standards listed in UDC 11-3B-7C.
E. Subdivision Design and Improvement Standards: The subdivision must comply with the
subdivision design standards outlined in UDC 11-6C-3.
F. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for
townhome dwellings. The applicant is seeking alternative compliance to deviate from the
required parking pads in front of the townhome garages.
9. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation:
Development Agreement Modification (MDA): The subject property is governed by a
development agreement (DA) recorded as instrument #105152708. As mentioned eat•lier, the
previous project was approved for an assisted living facility. To ensure the site developed as
proposed at the time, the recorded DA restricted the development of this site to no more than six
(6) primat•y structures; five (5) retn•ement homes and one (1) clubhouse.
The new owner is seeking the approval to construct a 36-unit townhome development. Since the
proposed project differs substantially from the previous approvals, the recorded DA must be
amended to incorpar•ate new provisions relevant to the proposed development. Staff has provided
the appropriate DA sections that need to be modified:
® Update the Parties: Include new developer/owners;
® Section 3.2: Include new developer/owners;
® Section 4.1: r,,.,~+...,,.+;,.., ,,.,a a„<,~,,,.,w,o.,+ „~ 0;+>10,.., .,,a;+;,.,,~i , ,,;, „i.,,,,,o,r
Con~ehe-ns~~-D~~te t~s~~ ~~-927 upPli~tien: Construction and
development of a residential development consisting of one (1) existing sin~;le family
residence and thirty-six (36) townhomes in an R-8 zone on 4.69 acres;
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Falconers Place-PP-13-039, IvIDA-13-024 & ALT-13-025 PAGE 6
® Section 6:
6.1.1 Thut t~° w.t: ..~ +.. ~4« .,t „ tl,,, /mil ~f,. .,~„
^'~~'~'~°~~~°'~•~~'a~^^ Development of the site shall consist of a maximum of thirty
six (36) townhomes and one (1) single family residence;
6.1.2 Remain as is;
® Add the following new DA provisions:
6.1.3 The applicant shall subdivide (through a condominium plat) all townhome
structures in accord with UDC 11-6B-5. The condominium plat shall be recorded
prior to occupancy of the dwellings.
6.1.4 Future development of the site shall substantially comply with the submitted
preliminaryplat, landscape plan and townhome elevations attached in Exhibit A.
6.1.5 All fixture development of the subject property shall comply with all City of
Meridian ordinances in effect at the time of development.
6.1.6 Prior to issuance of a building permit for any townhome structure, the applicant
shall obtain approval of a Certificate of Zoning Compliance and Design Review
application and record a final plat.
6.1.7 The townhome portion of the development shall consist of approximately 2.74
acres of common open space and two (2) amenities (sitting area with trellis and
plaza area as proposed.
® Section 17: -Update with new owner information.
Preliminary Plat (PP): The proposed preliminary plat consists of two (2) residential lots and one
(1) common lot on approximately 4.69 acres of land in the R-8 zoning district. The existing single
family residence will remain on Lot 1, Block 1. The property owner has given consent to be part
of the application submittal. The other residential lot (Lot 2, Block 1) is proposed to develop with
thirty-six (36) townhomes. The proposed gross density of the subdivision is 7.87 dwelling units
per acre which is consistent with the density requirements of the R-8 zoning district.
Dimensional Standards: Staff has reviewed the proposed plat for compliance with the applicable
standards listed in UDC Table 11-2A-6 for the R-8 zoning district. The existing residence on Lot
1, Block 1 must comply with the dimensional standards of the R-8 district. In reviewing the
submitted plat the proposed lot exceeds the minimum frontage (50 ft.) and the minimum lot size
requirements (5,000 square feet) in the UDC.
For the townhome portion of the development, the applicant is proposing to construct the thirty-
six (36) townhomes on single parcel instead of platting each individual unit on a separate parcel.
The UDC does not specify a minimum lot size for the proposed townhomes however; there is a
minimum street frontage requirement of 40 feet. The plat as submitted complies with the
dimensional standards of the R-8 district.
In order to convey ownership of the townhomes as single family residences, the applicant must
subdivide (through a condominium plat) the townhomes in accord with UDC 11-6B-5. Lot 2,
Block 1 of this application will remain under single ownership and maintained by the future
homeowners association.
Access: Access to this development will be provided from E. Falcon Drive; an existing local
street. The existing single family residence will continue to take access from this roadway. The
Falconers Place - PP-13-039, MDA-13-024 & ALT-13-025 PAGE 7
townhome portion of the development will take access from the extension of S. Falconers Place.
Staff is supportive of the public street access proposed for the development.
Access for the townhome dwellings will be done tln•ough a blanket reciprocal ingress/egress
easement. With the submittal of the final plat application, the applicant should add a note on the
face of the plat or record a separate document and reference the recorded document member on
the face of the plat that identifies a cross access/shared parking agreement for the townhome
development.
Parlting/Alternative Compliance (ALT): The applicant has requested alternative compliance to
deviate from the 20' X 20' parking pad requirement in front of the townhomes. In lieu of the
parking pads, the applicant is proposing three (3) overflow parking stalls at the end of the each
townhome driveway which increases the amount of useable open space within the development.
Since this is a single family townhome development, the UDC requires each townhome dwelling
provide a total of 4 parking spaces (two car garage and a 20' X 20' foot parking pad). Based on
the UDC requirements the towitilome portion of the development would be required to provide a
total of 144 parking spaces. As submitted the applicant is only proposing 87 parking spaces which
is approximately a 40% reduction in the required parking.
While staff is supportive of the layout and the amount of open space provided with the
reduction in the parking, staff is of the opinion the applicant should add three (3) more
overflow parking stalls within the cluster of four (4) townhomes located in the southeast
corner. If the applicant modifies the plan as recommended, staff is supportive of the
parking plan for the proposed townhome development. Prior to the Commission hearing,
the applicant must submit a revised plan to accommodate the parking changes as
recommended by staff.
Landscaping, Open Space and Amenities: Since the plat is under the 5 acre minimum, the
UDC does not require compliance with the coimnon open space and site amenity standards set
forth UDC 1.1-3G. The only required landscaping for the development is the 25-foot wide
landscape buffer adjacent to S. Eagle Road. The landscape plan as submitted provides the
required 25-foot wide landscape buffer in accord with UDC 11-3B-7C.
In addition to the required landscape buffer, the submitted plat indicates that 2.74 acres of open
space is being provided for the townhome portion of the development. The main reason for the
increase in open space has to do with the applicant's request to reduce the required parking for
the development. Further, the applicant is proposing the following two (2) amenities: a sitting
area with a decorative trellis and a plaza area. Staff is supportive of the proposed open space and
amenities for the development. With the submittal of the final plat application the applicant must
provide details of the proposed amenities.
Existing Trees: The submitted landscape plan notes existing h•ees on the plan proposed for
removal. The applicant is responsible to mitigate all existing healthy trees 4-inch caliper or
greater that are removed from the site with equal replacement of the total calipers lost on site up
to an amount of 100% replacement in accord with UDC 11-3B-10. With the submittal of the
final plat, the applicant must submit a revised landscape plan that details the mitigation
plan outlined by the developer and the City Arborist.
Fencing: The submitted landscape plan depicts vinyl fencing along the south and east boundary
of the townhome development. Specific details for the height of the fence have not been
provided. Any future fencing proposed for the development must comply with the fencing
regulations set forth in UDC 11-3A-7.With the submittal of the final plat application, the
applicant must provide a master fence plan to ensure compliance with the UDC.
Falconers Place - PP-13-039, MDA-13-024 & ALT-13-025 PAGE 8
Pressurized Irrigation: The City of Meridian requires that pressurized irrigation (PI) systems be
supplied by a year-round source of water. The applicant shall be required to utilize any existing
surface or well water for the primary source. If a surface or well source is not available, asingle-
point connection to the culinary water system shall be required. An underground, pressurized
irrigation system is required to be installed in accordance with UDC 11-3A-15.
The owner is requesting the use of domestic water to serve as the primary water source for the
proposed development. The applicant states the use of surface water from Nampa Meridian
Irrigation District is not feasible. The surface delivery to this property is on a 10 day rotation and
cannot provide adequate water delivery.
The requirements for a pressurized irrigation system may be waived if the property does not have
water rights in an existing irrigation district. The applicant must submit a letter from the Nampa
Meridian Irrigation District verifying the water deficiency. The city's domestic water system is
the last option for providing irrigation water to a proposed development and requires City
Engineer's approval.
Sidewalks: Sidewalks are required along all public streets. A 5-foot wide detached sidewalk is
required adjacent to S. Eagle Road. The applicant is proposing to construct a 5-foot wide
detached sidewalk and 9-foot wide parkways along the south side of E. Falcon Drive and 5-foot
wide attached sidewalk along both sides of S. Falconer Place. All sidewalks and parkways
constructed within the development must comply with UDC 11-3A-17.
Waterways: As per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural
waterways and waterways being used as amenities, which intersect, cross or lie within the area
being subdivided shall be covered.
Existing Structures: As mentioned above, an existing home will remain on Lot 1, Block 1. Per
the recorded DA, the existing residence must comlect to City services with the first phase of
development.
Elevations: The submitted elevations depict a mix of building materials (lap siding and cedar
shake siding), decorative window and door trim, decorative corbels, belly bands, covered entries,
and stone wainscot consistent with the surrounding developments. Staff is of the opinion the
future townhomes will complement the existing homes in the area and demonstrate high quality
materials (see Exhibit A.4).
Since all of the townhomes will have a similar design and building form, staff recommends the
applicant provide three different color schemes as proposed to provide variation within the
development.
Prior to the issuance of a building permit, the applicant is required to obtain certificate of
zoning compliance (CZC) and administrative design review (DES) for each townhome
structure. Through the CZC and DES process, staff will ensure the compliance with the
building materials, colors and design features proposed with the submitted elevations.
In summary, Staff recommends approval of the proposed preliminary plat, development
agreement modification and alternative compliance with the recommended conditions listed in
Exhibit B of this report in accord with the Findings contained in Exhibit C.
10. EXHIBITS
A. Drawings
1. Vicinity Map
2. Proposed Preliminary Plat (dated: 12/18/13)
3. Proposed Landscape Plan (dated: 11/15/13)
Falconers Place - PP-13-039, MDA-13-024 & ALT-13-025 PAGE 9
4. Proposed Building Elevations
B. Conditions of Approval
1. Planning Division
2. Public Works Department
3. Fire Department
4. Police Department
5. Parks Department
6. Republic Services
7. Ada County Highway District
C. Required Findings from Unified Development Code
Falconers Place - PP-13-039, MDA-13-024 & ALT-13-025 PAGE 10
A. Drawings
1. Vicinity Map
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Falconers Place - PP-13-039, MDA-13-024 & ALT-13-025 PAGE 8
2. Proposed Preliminary Plat (dated: 12/18/13)
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Falconers Place - PP-13-039, MDA-13-024 & ALT-13-025 PAGE 9
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Falconers Place - PP-13-039, MDA-13-024 & ALT-13-025 PAGE 11
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Falconers Place - PP-13-039, MDA-13-024 & ALT-13-025 PAGE 13
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 Development Agreement Modification
1.1.1 The DA shall be signed by the property owner and returned to the City within two years of the
City Council granting the approval. The amended DA must be approved and recorded prior
to submitting any final plat for review and approval. The applicant shall contact the City
Attorney's office (898-5506) to initiate this process. The amended DA shall include the
following modification:
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Falconers Place - PP-13-039, MDA-13-024 & ALT-13-025 PAGE 15
iiic~lc~i13~-13{~ i39~~i~3~~@~ 5Z°c'dv'-cc~:fca~ciix°ciicS~czcsic,"•1 •,•";11,.. .,1~ ~xirc'r'ri.
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2. PUBLIC WORKS DEPARTMENT
2.1 General Conditions of Approval
Falconers Place - PP-13-039, MDA-13-024 & ALT-13-025 PAGE 16
2.1.1 Applicant shall coordinate water and sewer main size and routing with the Public Works
Department, and execute standard forms of easements for any mains that are required to provide
service outside of a public right-of--way. Minimum cover over sewer mains is three feet, if cover
from top of pipe to sub-grade is less than three feet than alternate materials shall be used in
conformance of City of Meridian Public Works Departments Standard Specifications.
2.1.2 Per Meridian City Code, the applicant shall be responsible to install sewer and water mains to and
through this development.
2.1.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of
way (include all water services and hydrants). The easement widths shall be 20-feet wide for a
single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but
rather dedicated outside the plat process using the City of Meridian's standard forms. The
easement shall be graphically depicted on the plat for reference purposes. Submit an executed
easement (on the form available from Public Works), a legal description prepared by an Idaho
Licensed Professional Land Surveyor, which must include the area of the easement (marked
EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for
review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO
NOT RECORD. Add a note to the plat referencing this document.
2.1.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or
well water for the primary source. If a surface or well source is not available, asingle-point
comiection to the culinary water system shall be required. If a single-point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
t•eceiving development plan approval.
2.1.5 All existing structures that are required to be removed shall be prior to signature on the final plat
by the City Engineer.
2.1.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or
lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6.
Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association
(ditch owners), with written approval or non-approval submitted to the Public Works Department.
If lateral users association approval can't be obtained, alternate plans shall be reviewed and
approved by the Meridian City Engineer prior to final plat signature.
2.1.7 Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at
(208)898-5500 for inspections of disconnection of services. Wells maybe used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)334-2190.
2.1.8 Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and
inspections (208)375-5211.
2.1.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,
fencing installed, drainage lots constructed, road base approved by the Ada County Highway
Dish•ict and the Final Plat for this subdivision shall be recorded, prior to applying for building
permits.
2.1.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, etc., prior to signature on the final plat.
Falconers Place - PP-13-039, MDA-13-024 & ALT-13-025 PAGE 17
2.1.11 All development improvements, including but not limited to sewer and water, fencing, rnicro-
paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2.1.12 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to the issuance of a plan
approval letter.
2.1.13 It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
2.1.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.1.15 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.1.16 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.1.17 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
2.1.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of
3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least 1-foot above.
2.1.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation district
or ACRD. The design engineer shall provide certification that the facilities have been installed in
accordance with the approved design plans. This certification will be required before a certificate
of occupancy is issued for any structures within the project.
2.1.20 At the completion of the project, the applicant shall be responsible to submit record drawings per
the City of Meridian AutoCAD standards. These record drawings must be received and approved
priar• to the issuance of a certification of occupancy for any structures within the project.
2.1.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public
roadways per the City of Meridian Improvement Standards for Sheet Lighting. All street lights
shall be installed at developer's expense. Final design shall be submitted as part of the
development plan set for approval, which must incfide the location of any existing street lights.
Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not
exceed that outlined in the Standards. The contractor's war•k and materials shall conform to the
ISPWC and the City of Meridian Supplemental Specifications to the ISPWC.
2.1.22 The City of Meridian requires that the owner post to the City a performance surety in the amount
of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure
prior to final plat signahire. This sut•ety will be verified by a line item cost estimate provided by
the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Please contact Land Development Service for more information at 887-2211.
2.1.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of
20% of the total construction cost for all completed sewer, water and reuse infrastructure for
duration of two years. This surety will be verified by a line item cost estimate provided by the
owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Please contact Land Development Service for more information at 887-2211.
Falconers Place-PP-13-039, MDA-13-024 & ALT-13-025 PAGE 18
3. FIRE DEPARTMENT
3.1 One and two family dwellings not exceeding 3,600 square feet require afire-flow of 1,000 gallons
per minute for a duration of 2 hoots to service the entire project. One and two family dwellings in
excess of 3,600 square feet require a minimum fire flow as specified in Appendix B of the
International Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C of the
International Fire Code.
3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4'/z" outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on corners when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f. Fire hydrants shall be place 18" above finish grade.
g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
3.3 All entrances, internal roads, drive aisles and alleys shall have a turning radius of 28' inside and
48' outside radius.
3.4 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather
surface are required to be installed before combustible construction material is brought onto the site,
as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J.
3.5 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth
in International Fire Code Section 304.1.2.
3.6 All portions of the buildings located on this project must be within 150' of a paved sut•face as
measured around the perimeter of the building as set forth in International Fire Code Section 503.1.1.
3.7 Fire lanes, streets and sh•uctures including the canopy height of mature trees shall have a vertical
cleat•ance of 13'6" as set forth in International Fire Code Section 503.2.1.
4. POLICE DEPARTD~fENT
4.1 The Police Department has no comments relates to this application.
5. PARKS DEPARTMENT
5.1 The Parks Department has no comments related to this application.
6. REPUBLIC SERVICES
6.1 There is a concern that not enough waste receptacles/enclosures are provided to meet waste
generation points and volumes generated by the proposed development. Please contact Bob Olson at
Republic Services (345-1265) to discuss this matter prior to the public hearing. Failure to do so may
necessitate continuance of the project to a subsequent meeting.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 SITE SPECIFIC COMMENTS
7.1.1 Construct a 5-foot wide detached concrete sidewalk on Eagle Road located a minimum of 41-feet
from centerline and dedicate right-of--way to tota148-feet from centerline.
Falconers Place-PP-13-039, MDA-13-024 & ALT-13-025 PAGE 19
7.1.2 Construct the south side of Falcon Drive as one-half of a 36-foot street section with curb, gutter
and 5-foot wide concrete sidewalk. Provide a sidewalk easement if the sidewalk is detached and
located outside of the existing right-of--way.
7.1.3 Construct a public street off of Falcon Drive located approximately 275-feet east of Eagle Road
as proposed. The street section approved is 34-feet within 48-feet ofright-of--way with a 48'
radius in the cul-de-sac.
7.1.4 The existing 20-foot wide driveway on Falcon Drive that serves the existing single family
dwelling (Lot 1, Block 1), located 105-feet west of the east property line is approved. Pave the
driveway its filll width and at least 30-feet beyond the edge of pavement of Falcon Drive.
7.1.5 Payment of impacts fees are due prior to issuance of a building permit.
7.1.6 Comply with all Standard Conditions of Approval.
7.2 STANDARD CONDITIONS OF APPROVAL
7.2.1 Airy existing irrigation facilities shall be relocated outside of the right-of--way.
7.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or
right-of--way.
7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all
landscaping proposed within ACHD right-of--way or easement areas.
7.2.6 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.
7.2.7 All design and construction shall be in accordance with the Ada County Highway Dishict Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the
State of Idaho shall prepare and certify all improvement plans.
7.2.8 In accordance with District policy, 7203.6, the applicant may be required to update any existing
non-compliant pedestrian improvements abutting the site to meet current Americans with
Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of
ADA compliance to District Development Review staff for review.
7.2.9 Consh•uction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
7.2.10 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 (1-811-342-1585) at least two full business days
prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
Falconers Place - PP-13-039, IvIDA-13-024 & ALT-13-025 PAGE 20
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 the Ada County Highway District. The burden shall be upon the applicant to
obtain written confirmation of any change from the Ada County Highway District.
7.2.12 If the site plan or use should change in the firture, ACRD Planning Review will review the site
plan and may require additional improvements to the transportation system at that time. Any
change by the applicant in the planned use of the property which is the subject of this application,
shall require the applicant to comply with ACHD Policy and Standard conditions of approval in
place at the time unless awaiver/variance of said requirements or other legal relief is granted by
the ACHD Commission.
Falconers Place-PP-13-039, MDA-13-024 & ALT-13-025 PAGE 21
C. Required Findings from Unified Development Code
1. Preliminary Plat Findings:
In consideration of a preliminary plat, combined preliminary and final plat, or short plat,
the decision-malting body shall make the following findings:
A. The plat is in conformance with the Comprehensive Plan;
The Commission finds that the proposed plat and the 36-unit townhome development are
not in conformance with the low density designation ui the comprehensive plan. Because
of the use restriction in the recorded development agreement and the R-8 zoning district
was granted to allow for the development of an assisted livin f,~ acility, the Commission
finds the proposed development is incompatible with the ad'at cent properties.(please see
Section 7 of the Staff Report for detailed analysis of specific comprehensive plan action
items that apply to this development).
B. Public services are available or can be made available and are adequate to
accommodate the proposed development;
The Commission finds that services can be made available to accommodate the proposed
development.
C. The plat is in conformance with scheduled public improvements in accord with the
City's capital improvement program;
Because the developer is installing sewer, water, and utilities for the development at their
cost, the Commission finds that the subdivisions will not require the expenditure of
capital improvement fiords.
D. There is public financial capability of supporting services for the proposed
development;
Staff recommends the Commission and Council rely upon comments from the public
service providers (i.e., police, fire, ACRD, etc.) to determine this finding.
E. The development will not be detrimental to the public health, safety or general
welfare; and
The Commission is not aware of any health, safety or environmental problems associated
with the development of this subdivision that should be brought to the Council's
attention. ACHD considers road safety issues in their analysis. Staff recommends that the
Commission and Council reference consider the facts, analysis and any public testimony
that may be presented to determine whether or not the proposed subdivision may cause
health, safety or environmental problems of which staff is unaware.
F. The development preserves significant natural, scenic or historic features.
The Commission is unaware of any natural, scenic or historic feahu•es on this site.
Therefore, the Commission finds that the proposed development will not result in the
destruction, loss or damage of any natural, scenic or historic feature(s) of major
importance. The Commission and Council may consider any public testimony that may
be presented to determine whether or not the proposed development may destroy or
damage a natural or scenic feahu•e(s) of major importance of which staff is unaware.
2. Alternative Compliance Findings:
In order to grant approval for alternative compliance, the director shall determine the
following findings:
Falconers Place - PP-13-039, MDA-13-024 & ALT-13-025 PAGE 21
1. Strict adherence or application of the requirements is not feasible; OR
Staff finds that strict application of the parking standards is not feasible to support the
design concept and provide the amount of open space desired by the applicant. Staff
suppot•ts the reduction in parking to provide more useable open space within the
development.
2. Tlie alternative compliance provides an equal or superior means for meeting the
requirements; and
Staff finds the alternative compliance provides an equal means for meeting the City's
parking standards as follows:
1) it allows for more flexibility in the design ofthe development;
2) inct•eases the amount of useable open space and;
3) provides sufficient parking for meeting the intent of the parking standards.
3. The alternative means will not be materially detrimental to the public welfare or
impair the intended uses and character of the surrounding properties.
Staff finds that the proposed alternative will not be detrimental to the public welfare or
impair the use/character of the surrounding properties if the parking pads are provided in
front of the eighteen (18) townhome dwellings located on the east side of S. Falconers
Place.
Falconers Place - PP-13-039, MDA-13-024 & ALT-13-025 PAGE 22
~i i n it until tin
:March 18, 2014 IT
: 1-002
ITEM TITLE: Final Order for Approval - Centrepointe North
by Jonathan Seel Located West Side of N. Eagle Road, Approximately a 1 /4 Mile North
of E. Ustick Road Request: Two (2) Year Time Extension on the Preliminary Plat in order to
Obtain the City Engineer's Signature on a Final Plat
MEETING NOTES
~._. i,
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE: IE-MSTA F TOI AGENCY I APPLICANT I NOTES I INITIALS
BEFORE THE MERIDIAN CITY COUNCIL
C/C MARCH 4, 2014
IN THE MATTER OF THE
REQUEST FOR A TWO (2) YEAR
TIME EXTENSION ON THE
PRELIMINARY PLAT FOR
CENTREPOINTE NORTH
SUBDIVISION IN ORDER TO
OBTAIN THE CITY ENGINEER'S
SIGNATURE ON THE FINAL
PLAT, LOCATED IN SECTION 32,
T.4N., R.lE, MERIDIAN, IDAHO
BY: BLUE MARLIN
INVESTMENTS, LLC
APPLICANT
CASE NO. TEC-14-002
ORDER OF CONDITIONAL
APPROVAL OF TIME EXTENSION
This matter coming on regularly before the City Council on March 4, 2014, upon the
Applicant's submittal of a preliminary plat time extension application for a year extension within
which to obtain the City Engineer's signature on the final plat for Centrepointe North
Subdivision, which preliminary plat was originally approved on February 27, 2007, as provided
in Unified Development Code § 11-6B-7C, and good cause shown. A two (2) year time
extension (TEC-12-002) was previously approved for this subdivision by the City Council on
March 7, 2012 and would have otherwise expired on February 27, 2014.
IT IS HEREBY ORDERED THAT:
The above named applicant is granted two (2) years, until February 27, 2016, within
which to obtain the City Engineer's signature on the final plat, subject to the conditions
of approval as shown in the attached Staff Report for the hearing date of March 4, 2014,
ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION
FOR CENTREPOINTE NORTH SUBDNISION TEC-14-002
Page 1 of 2
incorporated by reference.
Attached: Staff Report for the hearing date of March 4, 2014
By the action of the City Council at its regular meeting on the 1 [ ~ ~ day of
~ 2014.
~,' , ,
DATED this
day of ` ~ ~ _
2014
~~~ .__ Mayor Tammy de Weerd
Attest:
~_ ~ ,~
Jayc~~,~ Holman, City Clerk
Copy served upon the Applicant, Planning Department, Public Works Department, and City
Attorney.
BY:
Dated:
ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION
FOR CENTREPOINTE NORTH SUBDIVISION TEC-14-002
Page 2 of 2
EXHIBIT A
SUBJECT: Centrepointe North Subdivision -TEC-14-002
I. APPLICATION SUMMARY
The applicant requests approval of a two (2) year time extension to obtain the City Engineer's
signature on the final plat for Centrepointe North Subdivision.
II. STAFF RECOMMENDATION
Staff recommends approval of a two (2) year time extension to obtain the City Engineer's signature
on the final plat for the Centrepointe North Subdivision as requested by the applicant, to expire
February 27, 2016, with the conditions included below in Exhibit B.
III. PROPOSED MOTION
Approval
After considering all Staff, Applicant, and public testimony, I move to approve File Number TEC-14-
002, as presented in the staff report for the hearing date of March 4, 2014.
Denial
After considering all Staff, Applicant, and public testimony, I move to deny File Number TEC-14-
002, as presented during the hearing on March 4, 2014 for the following reasons: (You must state
specific reasons for denial and what the applicant could to do to obtain your approval in the firture.)
Continuance
After considering all Staff, Applicant, and public testiomony, I move to continue File Number TEC-
14-002 to the hearing date of (insert continued hearing date here) for the following reason(s): (you
should state specific reason(s) for continuance)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The subject property is located on the west side of N. Eagle Road, approximately''/4 mile north of
E. Ustick Road, in the northeast '/4 of the southeast '/a of Section 32, Township 4 North, Range 1
East.
B. Applicant/Owner:
Blue Marlin Investments LLC
1940 Bonito Way, Suite #160
Meridian, ID 83642
C. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. UNIFIED DEVELOPMENT CODE
Per UDC 11-6B-7A, approval of a preliminary plat shall become null and void if the applicant fails to
obtain the City Engineer's signature on the final plat within two years of the approval of the
preliminary plat.
TEC-14-002 Centrepointe North Subdivision Page 1
EXHIBIT A
Per UDC 11-6B-7C, upon written request and filing by the applicant prior to the termination of the
allowed time period, the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up to
two (2) years as determined and approved by City Council may be granted. With all extensions, the
Director or City Council may require the plat to comply with current provisions of the UDC.
VI. PROCESS FACTS
A. The subject application is for a time extension. A public hearing is required before the City
Council on this matter, consistent with Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: February 10, and 24, 2014
C. Radius notices mailed to properties within 300 feet on: February 6, 2014
D. Applicant posted notice on site by: February 24, 2014
VII. HISTORY OF PREVIOUS ACTIONS:
® The preliminary plat (PP-06-063) for the Centrepoint North Subdivision was approved by the
City Council on February 27, 2007. A final plat application (FP-07-011) consistent with the
approved preliminary plat was approved by City Council on May 15, 2007 but has not yet
received City Engineer signature as required by UDC 11-6B-7.
® The City Council has approved multiple time extensions (TE-08-028, TE-10-020 and TEC-12-
002) over the last several years. The previous time extension was set to expire on February 27,
2014.
VIII. STAFF ANALYSIS
This is the fourth time extension requested by the applicant. The previous two year time extension
approved by City Council has expired on February 27, 2014. The applicant has met the necessary
deadline by filing a written request for a time extension prior to the expiration date.
The applicant is requesting the extension based on the amount of retail development taking place at
the Village at Meridian. The applicant does not foresee see this as a permanent issue however it is
their opinion the development will continue to see muted growth until the market absorbs the
available retail space.
During the previous time extension reviews, staff has conditioned the applicant to comply with all
newly adopted City ordinances and the applicant has concurred with these requirements. Since the
previous time extension approvals the City has not adopted arty new standards that would impact the
commercial development, therefore staff is not recommending any no conditions of approval for the
subject property. However, the applicant is required to comply with all previous conditions of
approval for this site.
IX. EXHIBITS
A. Drawings
1. Vicinity Map
2. Approved Final Plat (dated: 10/27/06)
B. Conditions of Approval
TEC-14-002 Cenh•epointe North Subdivision Page 2
EXHIBIT A
Exhibit A.1-Vicinity Map
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TEC-14-002 Cenhepointe North Subdivision
Page 3
EXHIBIT A
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TEC-14-002 Centrepointe North Subdivision Page 4
EXHIBIT A
Exhibit B -Conditions of Approval
The applicant is to meet all the terms of the approved annexation (AZ-03-025), development
agreements (ilistrument # 105048793, 106060856, 106191305 and 114002255), preliminary plat
(PP-06-063), variance (VAR-07-003), final plat (FP-07-011) and time extensions (TE-08-028,
TE-10-020 and TEC-12-002).
The applicant shall have two (2) years, until Febitiiary 27, 2016, to obtain the city engineer's
signature and satisfy any applicable requirements set forth in the conditions of approval.
TEC-14-002 Centrepointe North Subdivision Page 5
dill Parsons
We are in agreement with the staff report for Centrepointe North Subdivision -TEC -14 - 002. I will plan to make a
presentation at the March 4th City Council.
Thank you for your assistance in this matter.
Jonathan Seel
WH Moore Company
Wl~ 208-323-1919
Cell 208-861-2642
._
__
---
From: Bill Parsons [mailto:bparsons@meridiancity,org]
~en~: Thursday, February 27, 2014 6:41 AM
1'0: Ted Baird; Bill Nary; Jacy Jones; Jaycee Holman; Machelle Hill; Holly Binkley; Jonathan Seel (j.seel@att.net).
Cc: Justin Lucas
~ubjec~: Centrepointe North Time Extension Staff report for 03/04/14 CC MTG
Attached is the staff report for the proposed Centrepointe North time extension application (TEC-14-002).
This item is scheduled to be on the Council agenda on 03/04114. The public hearing will be held at City Nall,
33 E. Broadway Avenue, beginning at 6:00 pm, Please call or e-mail with any questions.
Jonathan -Please submit any written response you may have to the staff report fio the City Clerk's office
(iholmanC~meridiancity.or~, mhill~meridiancity.or~, and jjonesCmeridiancity.org) and myself (e-mail or
fax) as soon as possible.
Bill Parsons, AICP
Associate City Planner
Community Development Department
33 E. Broadway Avenue
Meridian, Idaho 83642
PH®NE: (208) 884-5533
FAX: (208) 88~-6854
bparsons@meridiancity.org
~i i n ity until tin
:March 18, 2014 IT
J T
ITEM TITLE: Sewer Main Easement for the Village at Cold Creek
MEETING NOTES
z
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE: IE-MSTA D TOI AGENCOY I APPLICANT I NOTES I INITIALS
ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 5
BOISE IDAHO 03/20/14 09:41 AM
DEPUTY Bonnie Oberbillig II I IIII IIIIII III III III II IIII) II III III
RECORDED-REQUEST OP 11~0~~~71
Meridian City
SANITARY SEWER EASEMENT
THIS INDENTURE, made this ~ ~ ~~ day of ~ ' ~ ~' , 20 ~ ~ ~ between Hayden Homes Idaho, LLC, the
parties of the first part, and hereinafter called the GRANTORS, and the City of Meridian, Ada
County, Idaho, the party of the second part; and hereinafter called the GRANTEE;
WITNESSETH:
WHEREAS, the GRANTORS desire to provide a sanitary sewer right-of--way across the
premises and property hereinafter particularly bounded and described; and
WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be
constructed by others; and
WHEREAS, it will be necessary to maintain, service and subsequently connect to said
pipeline from time to time by the GRANTEE;
NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS,
and other good and valuable consideration, the GRANTORS do hereby give, grant and
convey unto the GRANTEE the right-of--way for an easement over and across the following
described property:
(SEE ATTACHED EXHIBITS A and B)
The easement hereby granted is for the purpose of constriction and operation of a sewer line
and their allied facilities, together with their maintenance, repair, replacement and
subsequent connection at the convenience of the GRANTEE, with the free right of access to
such facilities at any and all times.
TO HAVE AND TO HOLD, the said easement and right-of--way unto the said GRANTEE,
it's successors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,
that after malting repairs, performing maintenance, replacements or subsequent connections
to the sanitary sewer mains, GRANTEE shall restore the area of the easement and adjacent
property to that existent prior to undertaking such procedures. However, GRANTEE shall
not be responsible for repairing, replacing or restoring anything placed within the area
described in this easement that was placed there in violation of this easement.
Sewer Main Easement EASMT SEW 1 1-15-13.doc
THE GRANTORS hereby covenant and agree that they will not place or allow to be placed
any permanent structures, trees, brush, or perennial shrubs or flowers within the area
described for this easement, which would interfere with the use of said easement, for the
purposes stated herein.
THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of
the right-of--way and easement hereby granted shall become part of, or lie within the
boundaries of any public street, then, to such extent, such right-of--way and easement hereby
granted which lies within such boundary thereof or which is a part thereof, shall cease and
become null and void and of no fiuther effect and shall be completely relinquished.
THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and
possessed of the aforementioned and described tract of land, and that they have a good and
lawful right to convey said easement, and that they will warrant and forever defend the title
and quiet possession thereof against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their
signatm•es the day and year first herein above written.
/ ~ ~ ~~~
GRANTOR:
t ~/f6 .-~ gay .;~z,
Secretary
2464 SW Glacier Pl. Ste. 110 Redmond, OR 97756
Address
STATE OF fT ~t ~f~_~ )
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County of 1~ ~l ~ )
On this day of ~_____, _. ' , 20 ~ ,before me, the undersigned, a Notary
Public in and for said State, personally appeared ~ tl °~ ,_ _:~_ _ __ ~ and
known or identified to me to be the~-~esid~en~tand
Secretary, respectively, of the corporation that executed the within" instt-ument, and
acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
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MY i:(~~PiMIS81t~P~ E:XE~{Fi~;~ ~JIJLY 15, 2015
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NOTARY PUBLIC FOR ~ ~ ~ I I ~ >
Residing at: ~ < __ _ 0_ _ _
Commission Expires:
Sewer Main Easement EASMT SEW 11-15-13.doc
GRANTEE: CITY OF MERIDIAN
Approved By City Council On: ' f
STATE OF IDAHO, )
ss
County of Ada )
On this day of , 20 ,before me, the undersigned, a Notary
Public in and for said State, personally appeared Tammy de Weerd and Jaycee L. Holman,
known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho,
and who executed the within instrument, and acknowledged to me that the City of Meridian
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
(SEAL)
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NO'I-ARY PU1~~IC FOR IDAHO
Residing at:
Commission Expires:
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Sewer Main Easement EASMT SEW 1 1-15-13.doc
Le~~l Descri tp ion
Village ~t Cold Creek Subdivision
Sewer Ni~in Easement -Exhibit ~
An easement located in the SW '/ of Section 35, Township 4 North, Range 1 West, Boise
Meridian, City of Meridian, Ada County, Idaho, and more particularly described as foilows:
Commencing at a 5/8 inch diameter iron pin marking the southeast corner of said SW '/, from
which a Brass Cap monument marking the southwest corner of said SW'/4 bears N 89°15'57" W
a distance of 2643.50feet;
Thence N 89°15'57" W along the southerly boundary of said SW % a distance of 688.00 feet to
a 5/8 inch diameter iron pin;
Thence leaving said southerly. boundary N 6°03'09" E along the westerly boundary of Primeland
Subdivision as shown in Book 83 of Plats on Page 9085, records of Ada County, Idaho and the
prolongation thereof a distance of 430.47 feet to a 5/8 inch diameter iron pin;
Thence. leaving said westerly boundary N 62°13'25" W along the southerly right-of way of Five
Mile Creek a distance of 90.13 feet to the PAINT ®F BEGINNING;
Thence leaving said southerly right-of-way S 27°46'35" W a distance of 114.86 feet to a point;
Thence a distance of 20.76 feet along the arc of a 60.00 foot radius non-tangent curve left, said
curve. having a central angle of 19°49'31" and a long chord bearing N 47°43'30" W a distance of
20.66 feet to a point;.
Thence N 27°46'35" E a distance of 109.69 feet to a point on said southerly right-of-way of Five
Mile.. Creek;
Thence S 62°13'25" E along said southerly right-of-way a distance of 20.00 feet to the POINT
®F BEGINNING;
This parcel contains 2,233 square feet and is subject to any other easements existing or in use.
Clinton W. Hansen, PLS
Land Salutions, PC
January 15, 2014
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Village ai Cold Creek
Job No. 13-45
VILLAGE AT COLD CREEK SUBDIVISION
SEWER MAIN EASEMENT -EXHIBIT B
LOCATED IN THE SW 1/4 OF SECTION 35, T4N, R 1 W,
BM, CITY OF MERIDIAN, ADA COUNTY, IDAHO
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LINE TABLE
LINE LENGTH ^BEARING
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CURVE TABLE
CURVE LENGTH RADIUS DELTA CHORD BEARING
Ct 20.76' 60.00' 19'49'31" 20.66' N 47'43'30" W
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MERIDIAN, ID 83G4Z
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MEMORANDUM OF ACTION
Without a Meeting
OF
Hayden Homes Idaho, LLC
An Idaho Limited Liability Company
This Memorandum of Action, executed by the Managing Member, records the following resolution by
consent of all members without holding a formal meeting as of the 11`h day of June, 2013.
The members wish to appoint authorized agents to transact the business affairs of the LLC.
The members adopt the following resolution:
BE IT RESOLVED that Hayden Watson, Managing Member, Dennis P. Murphy, President, Shawn
O. Holm, Designated Agent, Jim Sansburn, Vice President Finance, Steve Klingman, Vice President
Operations, and David Woods, Controller are hereby authorized in the name and on behalf of the LLC
including but not limited to the execution of deeds, loan agreements, documents necessary to borrow
and lend money, including notes, trust deeds, mortgages, release documents, subordination
agreements, purchase and sale agreements, earnest money agreements, closing statements, escrow
instructions, and other documents necessary for the purchase, development, sale and encumbrances of
property.
BE IT FURTHER RESOLVED that Deborah Flagan, Vice president of Sales and Marketing and
Charlotte Barlow, Brol<er are hereby authorized in the name and on behalf of the LLC including but not
limited to purchase and sale agreements, earnest money agreements, deeds, affidavits, closing
statements, escrow instructions, indemnity agreements and other documents necessary for the sale of
property. All such previously signed documents are hereby authorized and ratified.
IN WITNESS WHEREOF, the Managing Member of Hayden Homes Idaho, LLC sets his hand to
record the consent of all members to approve the actions so taken without a formal meeting.
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Hayden W,x~srrrr; Managing Member
Barbara Shiffer
--
From: Barbara Shiffer
Sent: Thursday, February 20, 2014 3:11 PM
To: Barbara Shiffer; Robin Jack; Matt Hoffman
Cc: Barbara Shiffer
Subject: Case # 38920 HAS BEEN CREATED BY BSHIFFER : VILLAGE AT COLD CREEK SEWER
EASEMENT
x
U : Name: BARB SNIFFER Computer Asset Number: PZ100521
'
- Telephone: (208)489-0570 IP Address: fe80::lcca:29ef:4532:9811%11,10.10.£3.97
Location: CITYHALL Department: PLANNING
Title: VILLAGE AT COLD CREEK SEWER EASEMENT
Ticket ID: 38920 Status: OPEN
Priority: 4 LOW PRIORITY Queue Location: PUBLIC WORKS
Category: GIS DATA CREATION Tech: ROBIN JACK
Dept: Community Development
Attachments
1. Village at cold creek Sewer easement.pdf: Added on 2/20/2014 3:10:30 PM by BSHIFFER
Notes
[Note: Created on 2/20/2014 3:10:30 PM by BSHIFFER]
Please review attached easement for city council agenda
Barbara Shiffer
~- ---
From:
Sent:
To:
Subject:
Attachments
Barbara Shiffer
Thursday, February 20, 2014 3:14 PM
Ted Baird
Village at Cold Creek Sewer Easement
Village at cold creek Sewer easement.pdf
Please review attached easement for city council.
Barbara Shiffer
Administrative Assistant II
Community Development Department
33 E. Broadway Ave, Suite 102
Meridian, Idaho 83642
208.884.5533 Fax: 208.888.6854
1 '%
Community Development
Department
TO: Mayor Tammy de Weerd
Members of the City Council
FROM: Steve O'Brien
DATE: ~~~v~1~
SUBJECT: Village @ Cold Creek Sewer easement
land vl®t~et ~ervic~
Meridian City Hall, Suite 102
33 E. Broadway Avenue
Meridian, Idaho 83642
I. RECOMMENDED ACTION
A. Move to:
1. Approve a Sewer Main Easement for the City of Meridian, located in Lot 8, Blocl< 1 of the
proposed Village at Cold Creel< subdivision
2. This easement provides the City of Meridian access to a public Sewer Main installed to
provide service for the proposed subdivision.
3. Authorize the Mayor to sign the easement, and the City Clerl<to attest.
II. DEPARTMENT CONTACT PERSONS
Bruce Chatterton, Community Development Director
Bruce Frecl<leton, Development Services Manager
Steve O'Brien, Development Analyst II
,~
i
..~ F
f
Steve O'Brien, Development Analyst II
884-5533
489-0362
489-0371
Recommending
Approval
Bruce Frecl<leton, Development Services Manager
Ph: 208.887.2211 > www.meridiancity.org > Fax 208.887.1297
Rev: 01/2013
ri i n iy tench tin
: March 18, 2014 IT 5
1' .
ITEM TITLE: Police Dept: Subgrant Agmt
for Ada City County Emergency Management Grants
MEETING N®TS
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE: IE-MSTAFFTOI AGENCY I APPLICANT I NOTES I INITIALS
iy
AGREEMENT NO.
SUBGRANT AGREEMENT
andentered into this S-11'
THIS SUBGRANT AGREEMENT (the "Agreement") is made
day of ftpLLt.k , 201 4 , by and between Ada County, a duly formed and existing County
pursuant to the laws and Constitution of the State of Idaho, as a subgrantee of the Idaho Bureau
of Homeland Security, ("County")and City of Meridian("Subawardee").
WITNESSETH:
WHEREAS, County is authorized and required by Idaho Code § 46-1009 to maintain a
County wide disaster preparedness agency;
WHEREAS, in furtherance of those duties County has received grant # 2011 and 2012
Homeland Security Grant Program (HSGP) grant from the Idaho Bureau of Homeland Security
(the "Bureau") for the purpose of implementing strategies to address identified planning,
organization, equipment, training, and exercise needs to prevent,protect against, respond to, and
recover from natural and other catastrophic events, a copy of which is attached as Exhibit"A";
WHEREAS, County desires to build and sustain regional core emergency management
capabilities across the prevention, protection, mitigation, response, and recovery mission areas,
more specifically set forth in Exhibit "B" attached hereto and by this reference incorporated
herein; and County concurs that regional core capabilities and capability targets are not exclusive
to any single level of government or organization, but rather require the combined efforts of the
whole community.
WHEREAS, Subawardee desires to enter into this Agreement with County to build and
sustain regional core emergency management capabilities while ensuring compliance with state
and federal grant requirements.
NOW,THEREFORE,the parties agree as follows:
1. REGIONAL CORE CAPABILITIES PURPOSE. County and Subawardee agree
that subgrant funding and distribution will be based on building or sustaining high priority
regional core capabilities that address prioritized threats, hazards, vulnerabilities, and/or risks.
Subawardee shall allow use of grant purchased equipment in support of emergency management
functions, consistent with existing mutual aid or resource sharing agreements, for any local
i }
government member of Ada City County Emergency Management ("ACCEM") or their various
public or private sector partners with emergency management missions.
2. APPLICATION. County agrees to authorize Subawardee to apply for subgrant
funding to build or sustain regional core capabilities to include planning, training, exercises, and
equipment. Subawardee shall utilize the Ada County Grant Project Application (GPA) form, as
provided by County, and Subawardeee will include core capability targets (measurable
objectives) for each request. All completed GPAs will be submitted to Ada County Emergency
Management. The Director will review GPA for completeness and forward to the Board for
consideration.
3. COMPLIANCE WITH TERMS OF GRANT. Subawardeee shall comply with the
terms of Exhibit A for so long as Subawardee is possessed of property purchased with funds
provided pursuant to this Agreement. This covenant shall survive the termination of this
agreement.
4. TERM. This Agreement is to be effective for the period beginning on the date of
execution of this Agreement through September 30, 2014. This agreement may be renewed for
three additional one fiscal year terms by a mutually executed writing.
5. DEFAULT. Upon default,the County or Subawardee may cancel this Agreement
without any notice and may pursue any and all legal, equitable, and other available remedies.
Default occurs if the County or Subawardee fails to perform any of the covenants, conditions, or
services of this Agreement and such defects in performance are not cured within ten (10)
working days after receipt of written notice of default.
6. INDEPENDENT CONTRACTOR STATUS. It is understood and agreed that the
relationship between the County and the Subawardee hereby created is that of an independent
contractor, and this agreement is not deemed one for employment of Subawardee by the County.
As such, it is understood and agreed that the County is not responsible for social security,
retirement, or other employment benefits or obligations on behalf of the Subawardee.
7. STATUS REPORT. Subawardee agrees to keep County informed of Subawadee's
progress against the core capability targets throughout the term of this Agreement in a manner
and at such times as both Subawardee and County shall agree.
SUBGRANT AGREEMENT—Page 2
8. CONFIDENTIALITY. Both parties agree to maintain confidentiality of all
information utilized or gained in performing the Contracted Services to the extent such
information is exempt from disclosure under Federal or State law,rules, or regulations.
9. FISCAL RECORDS. Subawardee agrees to maintain all fiscal records, including
its books, audit papers, documents, and any other evidence of accounting procedures and
practices, which sufficiently and properly reflect all direct and indirect costs of any nature
expended in the performance of this Agreement, for a period of three (3) years from theg rant
performance period end date. These records shall be available for and subject to inspection,
Pe
review, or audit and copying by the County and any person duly authorized by the County at all
reasonable times.
10. VIOLATION OF AGREEMENT OR GRANT TERMS. When federal, state or
County audits indicate that payments to the Subawardee do not meet the applicable federal
regulations or state rules, the Subawardee shall return or refund and pay to the Grantee any
Equipment acquired or training provided, plus costs, including audit costs, arising from the
Subawardee's ineligible or improper receipt or use of federal funds, and the County must refund
such payments to the applicable funding agency.
11. NOTICES. If notice shall be required under any terms of this Agreement, notice
shall be sent by certified mail to:
Ada County(County)
200 W Front Street
Boise ID 83 702
City of Meridian(Subawardee)
33 East Broadway Avenue
Meridian, ID 83 642
12. LOBBYING. The Subawardee hereby certifies that none of the compensation
under this Agreement has been paid or will be paid by or on behalf of the Subawardee to any
person for influencing or attempting to influence an officer or employee of any governmental
agency, a member, officer or employee of Congress or the Idaho Legislature in connection with
S UB GRANT AGREEMENT—Page 3
[
the awarding, continuation, renewal, amendment, or modification of any contract, grant, loan, or
cooperative agreement.
If any funds, other than funds provided by this Agreement,have been paid or will be paid
by Subawardee to any person for influencing or attempting to influence an officer or employee of
any governmental agency, a member,officer or employee of Congress or the Idaho Legislature in
connection with this Agreement,the Subawardee shall complete and submit Standard Form LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions,and submit a copy of
such form to the County.
13. SINGLE AUDIT ACT. Subawardee agrees to comply with the provisions of
OMB Circular A-133 which sets forth audit requirements of states, local governments, and non-
profit organizations.
14. COMPLETE AGREEMENT. This Agreement is the full and complete agreement
of the parties hereto. This Agreement may be modified or amended only if such modification or
amendment is in writing and subscribed to by both parties.
15. USE, MANAGEMENT, AND DISPOSITION OF PROPERTY PURCHASED
UNDER THIS AGREEMENT. The Subawardee hereby agrees to comply with the terms of
Exhibit A and these regulations regarding use, management, and disposal of Property purchased
under this Agreement:
a. Definitions:
i. "Equipment" shall be defined as generally, an article of non-
expendable, tangible personal property having a useful life of more
than one year and an acquisition cost of $5,000 or more per unit.
Equipment is not a replacement part or component which returns a
piece of Equipment to its original condition. If, however, a
component increases the capability of the original Equipment and
has an acquisition cost of $5,000 or more, it is considered
Equipment.
ii. "Property" shall be defined as generally, an article of non-
expendable, tangible personal property, and includes, but is not
limited to,Equipment.
SUBGRANT AGREEMENT—Page 4
iii. "Supplies" shall be defined as generally, expendable non-capital
items such as paper, ink, toner, gauze, steri-strips, antibacterial
wash,and so on.
b. Use.
i. Property and Supplies shall be used in the program or project for
which it was acquired as long as needed, whether or not the project
or program continues to be supported by Federal funds.
ii. Property and Supplies may be made available for use on other
projects or programs currently or previously supported by the
Federal Government, providing such use will not interfere with the
work on the projects or program for which it was originally
acquired. First preference for other use shall be given to other
programs or projects supported by the Federal Government.
iii. Subawardee must not use Property or Supplies acquired under this
agreement to provide services for a fee to compete unfairly with
private companies that provide equivalent services.
iv. Subawardee may use Equipment as a trade-in, or sell Equipment
and use the proceeds to offset the cost of the replacement
Equipment. Replacement Equipment shall be subject to the same
restrictions and covenants as are provided in this Agreement.
v. Upon termination of this agreement through default or other earlier
termination,the Subawardee shall return to County all Property and
Supplies purchased with grant funds.
c. Property Management Requirements.
Procedures for managing Property will,at a minimum,meet the following requirements:
i. Property records must be maintained that include a description of the
Property, a serial number or other identification number, the source of
Property, who holds title, the acquisition date, and cost of the Property,
percentage of Federal participation (i.e. from funds provided under this
agreement) in the cost of the Property, the location, use and condition of
the Property, and any ultimate disposition data including the date of
SUBGRANT AGREEMENT—Page 5
disposal and sale priceProperty.of the Pro ert .Property inventory reports tracking
item of Property
each ert acquired with grant funds continue to the end of the
life cycle of each property item.
ii. A physical Equipment inventoryof all E ment purchased in total or in part with
p
grant funds must be taken and the results reconciled with the property
records at not less than once every two years. County will distribute to
Subawardee a copy of its last property report for Subawardee's
reconciliation and update. The reconciliation including condition and
location of all Equipment must be provided to the Ada County Director of
Emergency Management promptly after completion, but in any event by
g Y g
December 31 of the calendar year in which the task is to be completed.
iii. A control system must be developed to ensure adequate safeguards to
prevent loss, damage, or theft of all Property acquired with grant funds.
Any loss,damage,or theft shall be investigated.
iv. Adequate maintenance procedures must be developed to keep Property in
good condition. At all times relevant herein, Subawardee shall be
responsible for maintainingProperty in good and operating condition.
p P
v. If Subawardee sells the Property, proper sales procedures must be
established to ensure the highest possible return.
vi. The Director of the Ada County Emergency Management Department
shall conduct random audits at such times as he or she may designate for
compliance with the terms of this Agreement. The Director of the Ada
County Emergency Management Department may conduct other audits
with the permission of the Board of Ada County Commissioners.
Subawardee shall comply with all reasonable audit requests of the Director
of the Ada County Emergency Management Department.
d. Disposition. When original or replacement Property or Supplies acquired
under this agreement is no longer needed for the original project or program
or for other activities currently or previously supported by a Federal
agency,disposition of the Property shall be made as follows:
SUBGRANT AGREEMENT—Page 6
i. Items of Property with a then current per-unit fair market value of
less than$5,000 maybe retained, sold or otherwise disposed of with
no further obligation to the County.
11••. Items of Propertywith a then current per unit fair market value in
excess of$5,000may be retained or sold and the County shall have
Y
arg
right to an amount calculated by multiplying the current market
value or proceeds from sale by the County's funded share of the
equipment.
[Example: A generator purchased under this agreement is no longer
needed for the original purpose. It has a current fair market value
,
0f$12 000. The Subawardee paid $22,000 for the equipment and received
$18,000 from the County through this grant. The Subawardee wishes to
sell the Upon equipment. U n sale at $12,000, the Subawardee would
reimburse the County $9,800 (82% of the purchase price was paid for by
the County with federal grant funds).]
The County will forward all funds received from Subawardee as a result of
equipment sale or other disposition back to the awarding agency.
e. Supplies.
i. Management: The Subawardee shall keep track of supplies on the
property inventory by description, quantity, date of purchase, and
p Y
location.
ii. Disposition: If there is a residual inventory of unused Supplies
exceeding $5,000 in total aggregate fair market value upon
termination or completion of this Agreement, and if the supplies are
not needed for any other federally sponsored programs or projects,
the Subawardee shall compensate the County for its share, as
calculated in D.(2)above.
16. INDEMNIFICATION. Subawardee shall defend, indemnify,and hold the County,
its officers, agents, and employees harmless for all claims, losses, actions, damages,judgments,
injuries topersons or property arising out of or in connection with any
costs, expenses, and/or in�u p p Y
' ' ' omissions of Subgrantee, its officers, agents or employees. In the event
activities, acts, or orris gr' �
SUBGRANT AGREEMENT—Page 7
i
County is alleged to be liable on account of any activities, acts, or omissions of Subawardee, its
officers, agents or employees, then Subawardee shall defend such allegations through counsel
chosen by County and Subawardee
shall bear all costs, fees, and expenses of such defense,
• fees and expenses, court costs, and expert witness fees
including, but not limited to, all attorney P
and expenses.
17. CHOICE OF LAW: gr
This Agreement and its performance shall be construed in
withbythe laws of the State of Idaho, with venue for any action
accordance and governed
gr
brought pursuant
to this Agreement to be in the Fourth Judicial District, State of Idaho
18. THIRD PARTY BENEFICIARIES: Nothing contained herein shall create any
relationship,
contractual or otherwise,with,or any rights in favor of,any third party.
SUBGRANT AGREEMENT—Page 8
DATED the day and year first above written.
Board of Ada County Commissioners
ABSENT
By:
David L. Case, Commissioner
By:
Ji Tibbs, Commissioner
By: 62./ad,*
°
Rick Yzaguirre, ommissioner
ATTEST:
Christopher D.Rich, Ada County Clerk
(Subawardee)
By:
d e
Name
Title OrNO.Atrg.,
STATE OF IDAHO )
) ss.
County of Ada )
SUBSCRIBED AND SWORN to before me this , -day of 4,o,
2014 . ...see., +
**AT,
rz;
•
No ary Public fo Idaho,
• �• , g`.�.: Commission Expires
3xrotJ
**este***• 11:7BAA
444 NC,
SUBGRANT AGREEMENT—Page 9
Idaho Bureau of Homeland Security Sub Grant Award Continuation Sheet Page 2 of 6
Emergency Mattagsment Parlor nee Grant
bar EMW-
Award Data: 9(1/2012
• ,4!
SPECIAL CONDITIONS
Article I— Summary Description of Project
The FY 2012 Homeland Security Grant Program (HSGP) funding plays an important role In the implementation of
Presidential Policy Directive- 8 (PPD-8) by supporting the development and sustainment of core capabilities to fulfill
the National Preparedness Goal (NGP). HSGP funding shall be used for costs related to the planning, organization,
equipment, training and exercise needs that prevent, protect against, mitigate, respond to and recover from acts of
terrorism and other catastrophic events.
Article II - Fusion Center Investment
A program hold is placed on (Investment#2) and the grantee is prohibited from obligating, expending or drawing
down(program) funds in the amount of($55,901) in support of their state and/or major urban area fusion center.
In order to release this hold, the grantee is required to submit the supplemental Fusion Center Investment
Justification Addendum as required by the FY 2012 HSGP Funding Opportunity Announcement (FOA). Please contact
your FEMA GPD Headquarters Program Analyst to receive a copy of this addendum and to receive further guidance on
the steps required to release this hold.
Article III - Administrative Requirements
The administrative requirements that apply to most DHS award recipients through a grant or cooperative agreement
arise from two sources: Office of Management and Budget(OMB)Circular A-102, Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and Local Governments(also known as the A-102
Common Rule), found under OHS regulations at Title 44, Code of Federal Regulations(CFR) Part 13, Uniform
Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. OMB Circular
A-110, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education,
Hospitals and Other Non-Profit Organizations, relocated to 2 CFR Part 215. The requirements for allowable costs/
cost principles are contained in the A-102 common Rule, OMB Circular A-110 (2 CFR§ 215.27), DHS program
legislation, Federal awarding agency regulations and the terms and conditions of the award. The four costs principles
circulars are as follows: OMB Circular A-21, Cost Principles for Educational Institutions, relocated to 2 CFR Part 220.
OMB Circular A-87, Cost Principles for State, Local and Indian Tribal Governments, relocated to 2 CFP Part 22. OMB
Circular A-122, Cost Principles for Non-Profit Organizations, relocated to 2 CFR Part 230. OMB Circular A-133, Audits
of States, Local Governments and Non-Profit Organizations.
Article IV - DHS Specific Acknowledgements and Assurances
All recipients of financial assistance must acknowledge and agree and require any subrecipients, contractors,
successors, transferees and assignees acknowledge and agree to comply with applicable provisions governing DHS
access to records, accounts,documents, information, facilities and staff.
1. Recipients must cooperate with any compliance review or compliant investigation conducted by DHS.
2. Recipients must give OHS access to and the right to examine and copy records, accounts and other
documents and sources of information related to the grant and permit access to facilities, personnel and
other individuals and information as may be necessary, as required by DHS regulations and other applicable
laws or program guidance.
3. Recipients must submit timely, complete and accurate reports to the appropriate officials and maintain
appropriate backup documentation to support the reports.
4. Recipients must comply with all other special reporting, data collection and evaluation requirements as
prescribed by law or detailed in program guidance.
5. If, during the past three years, the recipient has been accused of discrimination on the grounds of race,
color, national origin (including limited English proficiency), sex, age, disability, religion or familial status,
the recipient must provide a list of all such proceedings, pending or completed, including outcome and
copies of settlement agreements to the awarding office and the DHS Office of Civil Rights and Civil Liberties.
6. In the event any court or administrative agency makes a finding of discrimination on grounds of race, color,
national origin (including limited English proficiency), sex, age, disability, religion or familial status against
the recipient or the recipient settles a case or matter alleging such discrimination, recipients must forward a
copy of the complaint and findings to the DHS component and/or awarding office. The United States has
the right to seek ludicial enforcement of these obligations.
1 1
t '
Idaho Bureau of Homeland Security Sub Grant Award Continuation Sheet Page 3 of 6
Ems �na� t P� "� ce Grant
Award®avers 9/1/2012Award Nu ►ars 11,4W-201.249-00134
Article V - Lobbying Prohibitions
None of the funds provided under an award may be expended by the recipient to pay any person to Influence, or
attempt to Influence an officer or employee of any agency, a Member of Congress, an officer or employee of
p
Congress, or an employee of a Member of Congress in connection with any Federal action concerning the award or
renewal of any Federal contract, grant, loan, cooperative agreement. These lobbying prohibitions can be found at 31
U.S.0 § 1352.
Article VI — Acknowledgement of Federal Funding from DHS
All recipients of financial assistance will comply with requirements to acknowledge Federal funding when Issuing
statements, press releases, request for proposals, bid invitations and other documents describing projects or
programs funded in whole or in part with Federal funds.
Article VII — Copyright
All recipients of financial assistance will comply with requirements that publications or other exercise of copyright for
any work first produced under Federal financial assistance awards hereto related unless the work includes any
information that is otherwise controlled by the Government (e.g., classified Information or other information subject
to national security or export control laws or regulations). For any scientific,technical or other copyright work based
on or containing data first produced under this award, Including those works published in academic, technical or
professional journals, symposia proceedings, or similar works, the recipient grants the Government a royalty-free,
non-exclusive and irrevocable license to reproduce, display, distribute copies, perform, disseminate, or prepare
derivative works and to authorize others to do so, for Government purposes in all such copyrighted works. The
recipient shall affix the applicable copyright notices of 17 U.S.0 § 401 or 402 and an acknowledgement of
Government sponsorship(including award number) to any work first produced under an award.
Article VIII -- Use of DHS Seal, Logo and Flags
All recipients of financial assistance must obtain DHS's approval prior to using the DHS seals(s), logos, crests or
reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo,
crests or reproductions of flags or likenesses of Coast Guard officials.
Article IX — Activities Conducted Abroad
All recipients of financial assistance will comply with the requirements that project activities carried on outside the
United States are coordinated as necessary with appropriate government authorities and that appropriate licenses,
permits or approvals are obtained.
Article Fly America Act of 1974
All recipients of financial assistance will comply with the requirements of the Preference for U.S. Flag Air Carriers:
`travel supported by U.S. Government funds requirement, which states preference for the use of U.S. flag air carriers
(air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property
to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive
Practices Act of 1974 (49 U.S.C. §40118) and the interpretative guidelines issued by the Comptroller General of the
United States In the March 31, 1981, amendment to Comptroller General Decision 6138942.
Article I . GPD: Drug-Free Workplace Regulation
Ail recipients of financial assistance will comply with the requirements of the Drug-Free Workplace Act of 1988 (412
U.S.C. § 701 et seq.) which requires that all organizations receiving grants from any Federal agency agree to
maintain a drug-free workplace. The recipient must notify the awarding office if an employee of the recipient is
convicted of violating a criminal drug statute. Failure to comply with these requirements may be cause for
debarment. These regulations are codified at 44 CFR Part 17.
. ,
,
Idaho Bureau of Homeland Security Sub Grant Award Continuation Sheet Page 4 of 6
Emergency Management pvfernutince Gra*
Award Number* EMW-2012-$S-00434 Award Data: wativ"
Article XII- GPD: Trafficking Victims Protection Act of 2000
All recipients of financial assistance will comply with the requirements of the government-wide award term which
implements Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. § 7104),
located at 2 CFR Part 175. This implemented in accordance with OMB Interim Final guidance, Federal Register,
Volume 72, No. 218, November 13, 2007. In accordance with the statutory requirement, in each agency award
under which funding is provided to a private entity,Section 106(g) of the TVPA, as amended, requires the agency to
include a condition that authorizes the agency to terminate the award, without penalty, of the recipient or a
subreciplent- (a) Engages in severe forms of trafficking in persons during the period of time that the award is in
effect; (b) Procures a commercial sex act during the period of time that the award Is in effect; or(c) Uses forced
labor in the performance of the award or subawards tinder the award. Full text of the award term is provided at 2
CFR§ 175.15.
Article XIII - Civil Rights Act of 1964
All recipients of financial assistance will comply with the requirements of Title VI of the Civil Rights Act of 1964 (42
U.S.C. § 2000d et seq.), which provides that no person in the United States will, on the grounds of race, color or
national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under
any program or activity receiving Federal financial assistance.
Article XIV - Civil Rights Act of 1968
All recipients of financial assistance will comply with the requirements of Title VI of the Civil Rights Act of 1968, which
prohibits recipients from discriminating in the sale, rental, financing and advertising of dwellings, or in the provision
of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status and
sex (42 U.S.C. §3601 et seq.), as implemented by the Department of Housing and Urban Development at 24 CFR
Part 100. The prohibition on disability discrimination includes the requirement that new multi-family housing with
four or more dwelling units the public and common use areas and individual apartment units(all units in
buildings with elevators and ground-floor units in buildings without elevators) be designed and constructed with
certain accessible features(see 24 CFR§ 100.201).
Article XV - Americans with Disabilities Act of 1990
All recipients of financial assistance will comply with the requirements of Titles I, II and III of the Americans with
Disabilities Act, which prohibits recipients from discriminating on the basis of disability in the operation of public
entities, public and private transportation systems, places of public accommodation and certain testing entities (42
U.S.C. §§ 12101-12213).
Article XVI- Age Discrimination Act of 1975
All recipients of financial assistance will comply with the requirements of the Age Discrimination Act of 1975 (42
U.S.C. § 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving Federal
financial assistance.
Article XVII - Title IX of the Education Amendments of 1972
All recipients of financial assistance will comply with the requirements of Title IX of the Education Amendments of
1972 (20 U.S.C. § 1681 et seq.), which provides that no person in the United States will, on the basis of sex, be
excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational
program or activity receiving Federal financial assistance. These regulations are codified at 44 CFR Part 19.
Article XVIII - Rehabilitation Act of 1973
All recipients of financial assistance will comply with the requirements of Section 504 of the Rehabilitation Act of
1973, 29 U.S.C. § 794, as amended, with provides that no otherwise qualified handicapped individual in the United
States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be
subjected to discrimination under any program or activity receiving Federal financial assistance. These requirements
pertain to the provision of benefits or services as well as to employment.
t
. , r
r
t
daho Bureau of HomelandSecurity
Sub Grant Award Continuation Sheet Page 5 of 6
Emergency. ateint Performance Grey
Ptviptd iftwaber P4W-2912-$1-00134 I Award Pat.: W112o12
Article XIX - Limited English Proficiency
of financial assistance will comply with the requirements of Executive Order 13166, Improving Access to
All recipients
Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin and resulting
agency guidance, national origin discrimination includes discrimination of the basis of limited English proficiency
� Y
(LEP). To ensure compliance with Title VI, recipients must take reasonable steps to ensure the LEP persons have
meaningful access to your programs. Meaningful access may entail providing language assistance services, including
oral and written translation, where necessary. Recipients are encouraged to consider the need for language services
for LEP persons served or encountered both in developing budgets and in conducting programs and activities. For
assistance and Information regarding LEP obligations, go to ht t : rw .lep,gov.
Article XX — Animal Welfare Act of 1966
All recipients of financial assistance will comply with the requirements of the Animal Welfare Act, as amended (7
U. .C. § et seq.), which requires that minimum standards of care and treatment be provided for vertebrate animals
bred for commercial sale, used in research, transported commercially or exhibited to the public. Recipients must
establish appropriate policies and procedures for the humane care and use of animals based on the Guide for Care
and use of Laboratory Animals and comply with the Public Health Service Policy and Government Principles Regarding
the Care and Use of Animals.
Article XXI - Clean Air Act of 1970 and Clean Water Act of 1977
All recipients of financial assistance will comply with the requirements of 42 U.S.C. § 7401 et seq. and Executive
Order 11738, which provides for the protection and enhancement of the quality of the Nation's air resources to
promote public health and welfare and for restoring and maintaining the chemical, physical and biological integrity of
the Nation's waters is considered research for other purposes. R
Article XXII.r.Protection of Human Subjects
All recipients of financial assistance will comply with the requirements of the Federal regulations at 45 CFR Part 46,
which requires that recipients comply with applicable provisions/law for the protection of human subjects for
purposes of research. Recipients must also comply with the requirements in DHS Management Directive 026-04,
Protection of Human Subjects, prior to implementing any work with human subjects. For purposes of 45 CFR Part
46, research means systematic investigation, including research,development, testing and evaluation, designed to
F develop or contribute to general knowledge. Activities that meet this definition constitute research for purposes of
this policy whether or not they are conducted or supported under a program that is considered research for other
purposes. The regulations specify additional protections for research involving human fetuses, pregnant women and
neonates(Subpart B), prisoners(Subpart C) and children (Subpart 0). The use of autopsy materials is governed by
applicable state and local law is not directly regulated by 45 CFR Part 46.
Article XXIII - National Environmental Policy Act(NEPA of 1969
All recipients of financial assistance will comply with the requirements of the National Environmental Policy Act
(NEPA),as amended, 42 U.S.C. § 4331 et seq., which establishes national policy goals and procedures to protect and
comply with NEPA for its grant-supported
enhance environment, including protection against natural disasters. To com p
activities, DHS requires the environmental aspects of construction grants(and certain non-construction projects as specified by
the Component and awarding office)to be reviewed and evaluated before final action on the application.
Article XXIV- National Flood Insurance Act of 1968
All recipients of financial assistance will comply with the requirements of Section 1306(c) of the National Flood Insurance Act,
as amended, which provides for benefit payments under the Standard Flood Insurance Policy for demolition or relocation of a
structure insured under the Act that is located along the shore of a lake or other body of water and that is certified by an
appropriate State or local land use authority to be subject to imminent collapse or subsidence as a result of erosion or
undermining caused by waves or currents of water exceeding anticipated cyclical levels. These regulations are codified at 44
CFR Pa rt6 3.
rf
e
Idaho Bureau of Homeland Security Sub Grant Award Continuation Sheet Page 6 of 6
fimeraimcv ent Performance Grant
Award Number; eN v- 12- -ooi I
Award Data: 9/1/2012
Article XXV- Flood Disaster Protection Act of 1973
All recipients of financial assistance will comply with the requirement of the Flood Disaster protection Act of 1973, as
amended (42 U.S.C. § 4001 et seq.), which provides that no Federal financial assistance to acquire, modernize or
construct property may be provided in identified flood-prone communities in the United States, unless the community
participates ates in the National Flood Insurance program and flood insurance is purchased within one year of the
identification. The flood insurance purchase requirement applies to both public and private applicants for DHS
support. List of flood-prone areas that are eligible for flood insurance are published in the Federal Register by FEMA.
Article XXVI - Coastal Wetlands Planning, Protection and Restoration Act of 1990
All recipients of financial assistance will comply with the requirements of Executive Order 11990,which provides that
federal funded construction and improvements minimize the destruction, loss or degradation of wetlands. The
Executive Order provides that, in furtherance of Section 101(b)(3)of NEPA(42 U.S.C. § 331(b)( )),Federal
agencies, to the extent permitted by law, must avoid undertaking or assisting with new construction located in
wetlands unless the head of the agency finds that there is no practicable alternative to such construction, and that
the proposed action includes all practicable measures to minimize harm to wetlands that may result from such use.
In making this finding, the head of the agency may take into account economic, environmental and other pertinent
factors. The public disclosure requirement described above also pertains to early public review of any plans or
proposals for new construction In wetlands. This is codified at 44 CFR Part 9.
Article X VII -- USA Patriot Act of 2001
All recipients of financial assistance will comply with the requirements of the Uniting and Strengthening America by
Providing Appropriate Tools Required to Intercept and obstruct Terrorism Act(USA PATRIOT Act), which amends 18
U.S.C. §§ 175-175c. Among other things, it prescribes criminal penalties for possession of any biological agent, toxin
or delivery system of a type or In a quantity that is not reasonably justified by a prophylactic, protective, bona fide
research or other peaceful purpose. The act also establishes restrictions on access to specified materials. "Restricted
persons", as defined by the act, may not possess, ship, transport or receive any biological agent or toxin that Is listed
as a select agent,
, . . EXHIBIT A
)Q ()-1 )(107_l)
I
l. ,i,..% IDAHO BUREAU OF HOMELAND SECURITY SUB-GRANT
'"
. • STATE ADMINISTERING AGENCY PAGE 1 OF 5
HOMELAND SECURITY GRANT PROGRAMS AWARD DOCUMENT
4ND to
- , -
1. Sus-GRANTEE NAME AND ADDRESS(INCLUDING ZIP CODE) 2. AWARD NUREER 3.PERFORMANCE PERIOD
Ada County EIVIW-2011-SS..00018 9/1/2011 —8/31/2014
7200 Barrister Drive
Boise, ID 83704 4. AWARD DATE S. CFDA 6. ACTION
7. Stwaturria IRS/VENDOR No.
82 6000277 9/1/11
97.067 Award
2011 Homeland Security Grant Program s PREVIOUS AWARD ANOuNT: $0.00
9. PROGRAM AREAS SHSP 10. AMOUNT Of THIS AWARD: $697,629.81
11. Pftoomp4 Am: CCP 12 AMOUNT Or THIS AWAIUM $12,147.27
,........
TOTAL AWARD $709,777.08
13. SPEcIAL CONDITIONS
The above grant program areas are approved subject to such conditions or limitations as are set forth on the
attached page(s)and the signed Memorandum of Understanding(MOU).
14. 4 . Y A
This project is supported under Consolidated Appropriations Act,2009 P.L.No. 110-329.
15. 14STIWO OF PAYMENT
Reimbursement is made upon receipt of the jurisdiction's Financial Status Reports/Reimbursement Request
or on behalf of the jurisdiction for funds per the signed IVIOU.
AGENCY APPROVAL SUBGRANTEE ACCEPTANCE
16. TYPED NAME AND TMII OF APPROVING IHS/SAA 17. ritPID NAME AND TITLE or AUTHORIZED SUSAIUANTIH:
OFFICIAL OFFICIAL
. 1
Brad Richy,Colonel
Director, Idaho Bureau of Homeland Security Ada County BOCC
18. SIGNATURE OF APPROVING 81413/SAA OFFICIAL 19. SIGNATURE OF AUTHORIZED SUE-GRANTEE OFFICIAL
t
.........Fetr......c.:cc...2.„%ra....
A
$
DATE:SEPTEMBER 25,2012 DATE: 1
OHS-Award Form,Revised December 06—Adapted from Federal Form 4000/2 OOP
4.
2
ATTEST: Christopher D. Rich, Ada County Clerk (.1 :/ir
4::
ti
Idaho Bureau of Homeland Security
Sub Grant Award Continuation Sheet Page 2 of 5
Homeland Security 9rallt program
Award Number; EM.W-2011-ss-00018 Award pate, 9/113 011
AGREEMENT ARTICLES
Article I—Financial Guklelines
The subgrantee shall comply with the most recent version of the AdministrativeRequirements,R g1�dr+ernents,Cost Principles and Audit
Requirements.A non-exclusive list of regulations commonly applicable to DHS grants are listed below:
A. Administrative Requirements
1) 44 CFR Part 13,Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local
Goverment&
2) 2 CFR Part 21S,Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher
Education,Hospitals,and Other Non-Profit Organizations(OMB Circular A-110)
3) 44 CFR Part 10,Environmental Considerations
B. Cost Principles
1) 2 CFR Part 225,Cost Principles for State,Local and Indian Tribal Governments(OMB Circular A-87
2) 2 CFR Part 220,Cost Principles for Educational t oriel artstituticrns(OMB Circular A-21)
3) 2 CFR Part 230,Cost Principles for Non-Profit Organizations Eat Circular A-122)
4) 48 CFR 31.2,Federal Acquisition Regulations(FAR)Contracts with Co rr rdal Organizations
C. Audit Requirements
1) OMB Circular A-133,Audits of States,Local Governments,and Non-Profit Organizations.
Articlef t—Prohibition on Using Federal Funds
The subgrantee understands and agrees that it cannot use any federal funds,either directlyor indirectly,in support ofthe
P�
enactment,repeal,modification or adoption of any law,regulation or policy,at any level of government,without the express prior
written approval of FEMA.
Article N—Compliance with Program Guidance
The subgrantee agrees that all locations and use of funds under this grant will be in accordance with the Homeland Security
Grant Program(HSGP)guidance and application kit.
Article IV—Federal Financial Reports(SF-42S)—Required Quarterly
The subgrantee shall submit the Federal Financial Report(FFR,SF-42S)within 30 days of the end of the first federal quarter
following the initial grant award. The subgrantee shall submit quarterly FFRs thereafter until the grant ends. Reports are due on
January 30,April 30,July 30 and October 30. A report must be submitted for every quarter of the period of performance,
including partial calendar quarters,as well as for periods where no grant activity occurs. Future awards and fund drawdowns may
be withheld if these reports are delinquent. The final FFR is due 90 days after the end date of the performance period.
Article V—Acceptance of Post Award Changes
In the event FEMA determines that changes are necessary to the award document after an award has been made,including
changes to period of performance or terms and conditions,recipients will be notified of the changes in writing. Once notification
s been made,any subsequent request for funds will indicate recipient acceptance of the changes to the award.
Article VI-Trafficking In Persons
A. Provisions applicable to a recipient that is a private entity.
1) You as the recipient,your employees,subrgrantees under this award,and subgrantee em loyees may not:
a) Engage in severe forms of trafficking in persons during the period of time that the award is in effect;
b) Procure a commercial sex act during the period of time that the award is In effect;or
c) Use forced labor in the performance of the award or subawards under the award.
2) We as the awarding agency may unilaterally terminate this award,without penalty,if a subgrantee that is a private
ivate
entity:
a) Is determined to have violated a prohibition in paragraph A.1 of this award term;or
}
}
•
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Idaho Bureau of Homeland Security
Homeland Security Grant Program Sub Grant Award Continuation Sheet Page 3 of 5
Awajd Number; epsw-2o1i-5s-000is Date; 9 1 .
b) Has an employee who is determined by the agency official authorized to terminate the award to have violated
a prohibition in paragraph A.1 of this award term through conduct that is either:
i) Associated with performance under this award;or
ii) Imputed to you or the subrecipient using the standards and due process for imputing the conduct of an
indivklual to an organization that are provided in 2 CFR Part 180,*OMB Guidelines to Agencies on
Government wide Debarment and Suspension(Non-procurement),"as implemented by our agency at 2
CFR Part 3000.
B. Provisions applicable to a subgrantee other than a private entity. We as the awarding agency may unilaterally terminate
this award,without penalty,if a subgrantee that is a private entity:
1) Is determined to have violated an applicable prohibition in paragraph A.1 of this award term;or
2) Has an employee who is determined by the agency official authorized to terminate the award to have violated an
applicable prohibition in paragraph A.1 of this award term through conduct that IS either:
a) Associated with performance under this award;or
b) Imputed to the subredpient using the standards and due process for Imputing the conduct of an individual to
an organization that are provided in 2 CFR part 180,"OMB Guidelines to Agencies on Goverment wide
Debarment and Suspension(Non-procurement),"as implemented by our agency at 2 CER part 3000.
C. Provisions applicable to any recipient.
1) You must inform us immediately of any information you receive from any source alleging a violation of a prohibition
in paragraph A.1 of this award term.
2) Our right to terminate unilaterally that is described in paragraph A.2 or B of this section:
a) Implements section 106(g)of the Trafficking Victims Protection Act of 2000(TWA),as amended(22 U.S.C.
71044D,and
bi Is in addition to all other remedies for noncompliance that are available to us under this award.
3) You must include the requirements of paragraph A.1 of this sward term in any subaward you make to a private
entity.
D. Definitions. For purposes of this award term:
1) "Employee"means either:
a) An individual employed by you or a subreciplent who is engaged in the performance of the project or program
under this award;or
b) Another person engaged in the performance of the project or program under this award and not compensated
by you including,but not limited to,a volunteer or individual whose services are contributed by a third party
as an in-kind contribution toward cost sharing or matching requirements.
2) "Forced labor"means labor obtained by any of the following methods:the recruitment,harboring,transportation,
provision,or obtaining of a person for labor or services,through the use of force,fraud,or coercion for the purpose
of subjection to involuntary servitude,peonage,debt bondage,or slavery.
3) *Private entity"means:
a) Any entity other than a State,local government,Indian Tribe,or foreign public entity,as those terms are,
defined in 2 CFR 175.25.
b) Includes:
I) A nonprofit organization,including any nonprofit institution of higher education,hospital,or tribal
organization other than one included in the definition of Indian Tribe at 2 CFR 175.25(b).
II) A for-profit organization.
4) "Severe forms of trafficking in persons","commercial sex act",and"coercion"have the meanings given at section
103 of the TVPA,as amended(22 U.S.C.7102).
Article Vii—Classified Security Condition
A. "Classified national security information",as defined in Executive Order(E0)12958,as amended,means information
that has been determined pursuant to E0 12958 or any predecessor order to require protection against unauthorized
disclosure and is marked to indicate its classified status when in documentary form.
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Idaho Bureau of Homeland Security
Homeland+�la�nd Bou Gran o ram Sub Grant Award continuation Sheet Page 4 of 5
..._. IAW r ben �M w2ti2 t-SS�aa 18 '_...`_... - -
Aw rd Da et 9 1 f
B. No funding under this award shall be used to support a contract,subaward,ubaward,mr other agreement for goods or services
that will include access to classified national security information if the award re ;ints
has access to Such information.
ha not been approvedfor and
C. Where an award recipient has been approved for and has access to
classified national security information,n,no funding thisawardshall be used to support acontract,subaward,or other
agreement for goods or services that will
include access to classified national security information bythe contractor,
subgrantee,or other entity without prior
written approval from the DHS Office of Security,industrial Security Program Branch(ISPB),or,an appropriate opr�te officialwith the Federal department or agencywith whom the classified effort will performed.
D. Such contracts,subawards,or other agreements shall be processed and administered in OHS
with the
Standard Orating Procedures,Classified Contracting by States and Local Entities,"dated2008;
12958,12968,as amended;the- National Industrial � y�`, EC�s 12829,
Security Program Operating Manual(NISPOM);and/or other
applicable implementing directives or instructions.All security requirement uirement locum
q documents are located at:
bitpjaivww_Atii x. h n
E. Immediately upon determination by the award recipient that funding under this award will be used to support such a
contract,subaward,or other agreement,and prior to execution of any actions to facilitate the acquisition of such a
contract,subaward,or other agreement,the award recipient shall contact ISPB,or theapplicable
Federal department or
agency,for approval and processing instructions.
DRS Office of Security ISPB contact information:
Telephone:202-447-5346
Email:DD254AdministrativeSecurity.dhsegov
Mail:Department of Homeland Security
Office of the Chief Security Officer
ATTN:ASD/Industrial Security Program Branch
Washington,D.C.20528
Article VIII--Central Contractor Registration and Universal identifier Requirements
A. Requirement for Central Contractor Registration(CCR)
Unless you are exempted from this requirement under 2 CFR 25.110,you as thesubgrantee mustmaintainof yp�tr information in the CCR untilyou submit the cu�rrenc�,t
the final financial report required under this award or receive the final
payment,whichever is tater. This requires that applicants and recipients review and update the information at least
annually after the initial registration,and more frequently if required by changes in your information or another award
term.
B. Requirement for Data Universal Numbering System(DUNS)Numbers
if recipients are authorized to make subawards under this award,they:
1) Must notify potential subrgrantee that no entity may receive a subaward from you unless the entity has provided its
DUNS number to you. p
2) May not make a subaward to an entity unless the entity hasnu number its DUNS
p rnber to you.
C. Definitions
For purposes of this award term:
1) Central Contractor Registration(CCR)means the Federal repositoryinto which
an entity must provide information
require for the conduct of business as a recipient. Additional information about registration procedures maybe
found at the CCR Internet site(currently at hit www,ccr, ov).
2) Data Universal Numbering System(DUNS)number means the nine digit number established and assigned byDun
and Bradstreet,INC.(D&B)to uniquely identifybusiness entities. Afr
DUNSnumber may be obtained from D&B by
telephone(currently 866.705-5711)or the Internet(currently at hit fed ov.dnb.com/webfornn).
y WA
r ,
a
Idaho Bureau of Homeland Security
S9curay -----
ProgramSub Grant Award Continuation Sheet Page 5 of v
,
Award+ inter: wr- ai-s -a00j
Award Date: 9/1/2011
3) Entity,as it is used in this award term,means all of the
following as defined at 2 CFR part 25,subpart C:
a) A governmental organization,which is a state,local government or Indian tribe;
b) A foreign public entity;
c) A domestic or foreign nonprofit organization;
d) A domestic or foreign for-profit organization;and
e) A federal agency,but only as a subgrantee under an award or subaward to a non-federal entity.
4) Subaward:
a) This term means a legal instrument to provide support for the erform nce
1� of any portion of the substantive
project or program for which you received this award and that you as the felt award to an eligible
subgrantee.
b) The term does not include your procurement ofro -r and s.
program. P Pe h► se ceded to carry out the project or
ci A subaward may be provided through any legal
agreement,including an agreement that you consider acontract.
5) Subgrantee means any entity that:
a) Receives an subaward under this award;and
b) is accountable for the use of the federal funds provided by the subaward.
Article IX—Summary Description of Project
The FY 2011 Homeland Security Grant Program(HSGP)funding shall be used for costs relatedo
implementingState Homeland SerRytrat anyrespectivet preparedness activities associated
Strategy, Urban Area Security Strategies,and the Investments identified
during the application period. The HSGP consists of the State Homeland Security Program(WS?)and Citizen corps Program(CCP).
Together these programs provide an Integrated mechanism to enhance the coordination of National Priority
respond to and recover from terrorist attacks,major disasters other urgenciesefforts to prevent,.
Article X--National Environmental Policy Act(NEPA)
The subgrantee shall comply with all applicable federal,state and local environment and historic e..
and shall provide any information requested by FEMA to ensure compliance preservation(EHP)requirements
with applicable laws including: National
Environmental Policy Act,National Historic Preservation Act,Endangered Species Act,and Executive Orders s oft F'lofld'plai#?s
(11988),Wetlands(11 990)and Environmental Justice(12898). Failure of the subgrantee to meet federal,state
and local EHP
requirements and obtain applicable permits mayfunding. Subgrantee
jeopardize federal Sub shall not undertake any project having
the potential to impact EHP resources without the prior approval of FEMA,includingbut not limited
to communications towers,
physical security enhancements,new construction and modifications to buildityp buildingsthat are S4 years old or greater. Subgrantee
must comply with all conditions placed on the project as the result of the EHP review.
Any change to the approved project scope
of work will require re-evaluation for compliance with these EHP requirements. if ground disturbance rye activities occur during
project implementation,the subgrantee must ensure monitoring of ground disturbance and if any
resources are discovered,the subgrantee will immediate potential archeologically cease construction that area and notify FEMA and the appropriate
State Historic Preservation Office. Any construction activities that have been initiated prior to the full environmental
tel anE#historic
preservation review could result in a non-compliance finding. For these types of projects,subgrantees must completeFEMA
the F
with all supportinge finding. Foralong to
the GPD(HP team at PDEHPinfo@fema.gov for review. (The Screening Form is available at:
wwvw.feneminent r nt butietir inf l nit c
veenrm .dnc.) Subgrantees should submit the FEMA EHPScreenin Form for each project as soon aspossible upon receivingtheir grant
award.
•
. . AGREEMENT NO 6)(')(//0
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE STATE OF IDAHO,BUREAU OF HOMELAND SECURITY
AND
ADA COUNTY
REGARDING STATE USE OF 2011 STATE HOMELAND SECURITY GRANT PROGRAM FUNDING
ON BEHALF OF ADA COUNTY
1. PARTIES. The parties to this Agreement are the State of Idaho, Bureau of Homeland Securityand ADA
A
County referred to as subgrantee.
2. AUTHORITY. This agreement is authorized under the provisions of Idaho Statute: TITLE 46,CHAPTER
10.
3. PURPOSE. The purpose of this Agreement is to set forth terms by which the Idaho Bureau of
Homeland Security shall expend Homeland Security Grant Program (HSGP) funds on behalf of the
subgrantee. On September 1, 2011, the United States Department of Homeland SecurityIssued
grant number EMW-2011-5s-00018 to the State of Idaho.
Under this grant, the State of Idaho,
Bureau of Homeland Security must allocate grant funding to local jurisdictions. Under this ,
rant the
8
subgrantee may authorize the Idaho Bureau of Homeland Security to make equipmentp urchases
and program execution; provided that the subgrantee and the Idaho Bureau of Homeland Security
enter into an agreement on the matter.
4. RESPONSIBILITIES.
A. Idaho Bureau of Homeland Security:
Will provide fund management and make equipment purchases for the period of this award and
any extensions. These amounts are outlined in Section C of this Agreement.
B. Subgrantee:
The duly authorized official has read and understands the 2011 Homeland Security Grant
Program description and application from the Idaho Bureau of Homeland Security. As the
authorized representative, he or she hereby authorizes the Idaho Bureau of Homeland Security
to expend 2011 Homeland Security Grant Program funds for allowable equipment purchases
and program execution In support of the subgrantee.
C. Shared Cost Program Amounts:
Training&Exercise $0.00
Page 1 of 2
3
• . . .
S. APPROVING OFFICIAL.
111141210pm Of tiOMELAND SECURITY lussitawrq
Bill Shawver,Director Rick Yzaquirre,Chairman
4040 Guard Street,Bldg.600 Ada Board of County Commissioners
Boise,ID 83705 200 W.Front Street
Phone: (208)422-3040 Boise,10 83702
Fax: (208)422-3044
6. OTHER PROVISIONS. Nothing in this Agreement is intended to conflict with current laws or regulations
of the State of Idaho or any subgrant jurisdiction. If a term of this agreement is inconsistent with
such authority, then the term shall be invalid, but the remaining terms and conditions of this
agreement shall remain in full force and effect.
7. EFFECTIVE DATE. The terms of this agreement will become effective upon signing by the parties.
8. MODIFICATION. This agreement may be modified upon the mutual written consent of the parties.
9. TERMINATION. The terms of this agreement in its original form, or if modified with the consent of
both parties, will remain in effect until the end of the grant Either party upon 30 days written
notice to the other may terminate this agreement.
APPROVE• BY:
ei ,....._:. .
Ali_ ,......_
Rick*squirrel? Date
Chairman
Ada Board of County Commissioners
--- ,---1/
_I ATTEST: Christopher 0. Rich, Ada County Clerk ir
„____.....rato........c .....
September 25.2012,_
Brad Richy,Colonel Date
Director
Idaho Bureau of Homeland Security
Page 2 of 2
• EXHIBIT B
I National Preparedness Goal
Core Capabilities
Overview
Core capabilities are essential for the execution of each of the five mission areas: Prevention,
Protection,Mitigation, Response, and Recovery(see Table 1). To assess both our capacity and
our gaps, each core capability includes capability targets for which measures will be developed.
The core capabilities and capability targets are not exclusive to any single level of government or
organization, but rather require the combined efforts of the whole community.
Table 1: Core Capabilities by Mission Area3
Prevention Protection Mitigation Response Recovery
Planning
Public Information and Warning
Operational Coordination
Forensics and Access Control Community Critical Economic
Attribution and Identity Resilience Transportation Recovery
Intelligence and Verification Long-term Environmental Health and Social
Information Cybersecurity Vulnerability Response/Health Services
Sharing Intelligence and Reduction and Safety
Housing
Interdiction and Information Risk and Disaster Fatality
Disruption Sharing Resilience Management Infrastructure
g Systems
Screening, Search, Interdiction and Assessment Services
and Detection Disruption Threats and Infrastructure Natural and
Hazard Systems
Cultural Resources
Physical y
Protective Identification Mass Care
Measures Services
Risk Management Mass Search and
for Protection :Rescue Operations
Programs and On-scene Security
y
and Protection
Screening,
Operational
Search, and p
Detection Communications
Supply Chain Public and Private
Integrity and Services and
Security Resources
Public Health and
Medical Services
Situational
Assessment
3 Planning,Public Information and Warning,and Operational Coordination are core capabilities common to all
mission areas.
I 2
eri i n ity until tin
at the Interstate 84 Meridian Road Interchange - 2
MEETING NOTES
i ~,
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE: IE-MSTAFFT°I AGENCY I APPLICANT I NOTES I INITIALS
Mayor Tammy de Weerd
TO: Mayor Tammy de Weerd
Members ofCity Council
FROM: Austin Petersen, EIT -Transportation and Utility Coordinator
DATE: March 4, 2014
It Caanell eteterf®
!oe 8orton
Keith Bird
LuFse Cavener
Brad Hoaglun
Charles Rountree
David Zaremba
SUBJECT: COOPERATIVE AGREEMENT FOR SEWER IMPROVEMENTS AT
THE INTERSTATE 84 MERIDIAN ROAD INTERCHANGE - 2
I. RECOMMENDED ACTION
A. Move to:
Approve the Cooperative Agreement for Project No. A010(939) - I-84, Meridian
Road Interchange.
2. Authorize the Mayor to sign the agreement.
1I. DEPARTMENT CONTACT PERSONS
Austin Petersen, Transportation and Utility Coordinator (PM) 489-0352
Warren Stewart, PW Engineering Manager 489-0350
Tom Barry, Director of Public Works 489-0372
III. DESCRIPTION
A. Background
During the first phase of the I-84 Meridian Road Interchange Rebuild Project, Ten Mile
Creek Bridge to Meridian Interohange, sewer tines were relocated so that they would not
be under the retaining walls of the new interchange. During construction of this project, it
was discovered that the sewer line crossing under Meridian Road was not installed within
a steel casing. Instead the bottom of the steel casing had been cut out, and over half of the
pipe is outside of the casing. Thus, the casing cannot serve its intended purpose.
The purpose of installing a casing pipe across a major roadway is to allow the pipe to be
replaced or repaired without having to dig through the roadway.
,.
.~`1
C`
. ~~~~
~~ :,
~ _.
Page 1 of 2
B. Proposed Project
To avoid digging through the interchange in the future, a new 18 inch pipe and 30 inch
casing will be bored under Meridian Road. The existing pipe and casing will be
abandoned in place.
IV, IlVIPACT
A. Strate ig c Impact:
This project is aligned with the Public Works objective of being opportunistic in planning
for growth and infrastructure needs.
B. Service/Delivery Impact:
Bypass pumping will be used during construction of this project to ensure citizens will
enjoy uninterrupted use of the sewer system.
C. FiscalImpact:
The engineering estimate for this project is approximately $145,000. The Idaho
Transportation Department (ITD) has requested that the City pay this sum within 30 days
of executing this agreement. Once the construction is complete, ITD will reimburse the
City if the sewer work cost is less than this amount. If the sewer installation cost is more
than $145,000 the City will pay the remaining amount at that time.
$160,500.00 has been set aside from the Sewer Main Replacements budget for this
project.
V. TIME CONSTRAINTS
Execution of the attached agreement is required for the City's sewer improvements to be installed
with the reconstruction of the Meridian Interchange. The second phase of reconstruction is
scheduled to start in May 2014.
VI. LIST OF ATTACAIVIENTS
A. Cooperative Agreeme
Approved for Council Agenda: '~ ~-= "~ --~ I Z _ i
._ D to
PAgezofz
COOPERATIVE AGREEMENT FOR
IMPROVEMENTS AND MAINTENANCE
OF THE INTERSTATE 84 MERIDIAN ROAD INTERCHANGE
ITp Project No. A010(939)
This AGREEMENT ("Agreement") is made and entered into this _M_ day of
____._____.______~__~ 2014, by and between the Idaho Transportation Department
(hereinafter, "State"), and the City of Meridian, an Idaho municipal corporation,
(hereinafter, "City") {collectively, the "Parties").
RECITALS
WHEREAS, the City has requested that the State approve the expenditure of
transportation funds for improvements associated with the State's Interstate 84
Meridian Interchange (IC), Project No. A010(939), at the junction of Interstate 84 and
Meridian Road, in Meridian, Idaho, near Mile Post 44 (hereinafter, "Project"); and
WHEREAS, the City is willing to provide certain funds to reimburse the State's
expenditures for the installation of the City's sewer facilities and is committed to
protecting the investment of these funds by performing certain maintenance as agreed
upon between the Parties; and
WHEREAS, authority for this Agreement is established in Section 40-317, Idaho
Code, which allows for cooperative agreements between the State and municipalities
for the construction of and improvements to bridges and state highways; and
NOW THEREFORE, in consideration of the mutual covenants and agreements
herein contained, the Parties do mutually undertake, promise, and' agree as follows:
I. Appropriation of Funds
This Agreement contemplates a) that the State will provide sufficient funds to design
and construct improvements Included in the Project and specifically detailed in the
Protect plans and specifications and b) that the City will provide sufficient funds for
the cost of the labor, materials and equipment to perform the sanitary sewer work as
shown and itemized on Exhibit A "Estimated Cost of Materials."
II. Responsibilities of State
2.1 Include the installation of the City's sewer facility improvements in the Project,
per the project construction documentation for installation of sewer facilities shown
and detailed in Exhibit A.
I-8A MERIDIAN ROAD INTI•;RCHANGE COOI'TRATIVE AGREEMENT - z
3.4 Inspect the installation of the City's sewer facility improvements.
3.5 Upon completion of construction of the Project, City will assume responsibility
for maintenance and care for maintenance of the City's sewer facility.
IV. Indemnity
City does hereby indemnify, save and hold harmless the State from and against any
and all liability, damages or costs, Known or unknown, relating to or as a result of
City's maintenance of the Project site and not as the result of the negligence of the
State.
State does hereby indemnify, save and hold harmless the City from and against any
and all liability, damages or costs, Known or unknown, relating to or as a result of
defects in the construction of the Project resulting in additional cost to the City to
plant, repair, replace or maintain the improvements which are the subject of this
Agreement and not as the result of the negligence of the City.
V. Term of Agreement
It is agreed that this agreement shall become effective on the first date mentioned
above and shall remain in full force and effect until amended or replaced upon the
mutual consent of the State and the City.
VI. Execution
This agreement is executed for the State by its District Three Engineer, and executed
for the City by the Mayor, attested to by the City Clerk.
CITY OF MER1131AN
Mayor, City of Meridian
IDAHO TRANSPORTATION DEPARTMENT
District Engineer, District Three
Attest:
City Clerk
Recommended by:
GARVEE Program Manager
Y-89 1VIE22IDIAN ROAb INTERCHANGE COOPERATIVE AGREEMENT - 2
~'% I l1 itJ/ Lll79/ t9t1
1' e March 18, 2014
~ 6A
J T'
ITEM TITLE: Parks & Rec Commission: Annual Report Presentation
MEETING N®TEs
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE: IE-MSTA D T°I AGENCY I APPLICANT I NOTES I INITIALS
C~E~r~
MERIDIAN PARKS & RECREATION COMMISSION
ANNUAL REPORT
FISCAL YEAR 2®13
(10/1/12 - 9/30/13)
A. All-Commission
1) Pursue additional funding sources for future pathway construction
opportunities.
We have applied for and received funding from the Federal Highways
Administration (FHWA) to study the arterial road crossings for the Rail
With Trail Project. Jay Gibbons is currently scoping the project,
which should be under contract this winter.
2) Pathways plan implementation -Coordinate Safe Routes to Schools,
ACHD Community PYOgrams, east/west bicycle connections, and Yail
COYYldOY.
The Commission has received presentations/updates from the Safe
Routes to Schools Coordinator at the YMCA and the ACRD Community
Programs/Pathways Coordinator.
In addition, Jay Gibbons secured an easement and license agreement
over the summer months of 2013 to begin finalizing the construction
plans for the next section (Segment E) of the Five Mile Creek Pathway
(near Bridgetower Subdivision). Construction will lciclc off in the
spring of 2014.
The Rail With Trail project is also moving forward, as noted above.
The Pathways Tour was also held in April investigating future
potential connections to the north.
3) Continue to engage otheY task forces, commissions, entities, and
agencies through workshops and other outreach.
- - - - - -
Meridian Parlcs & Recreation Commission -Fiscal Year 2013 Annual Report Page 1
The Commission has engaged the City of Eagle Parlcs Director,
Meridian PAL, Western Ada Recreation District, and Meridian Youth
Baseball this calendar year.
Other surrounding cities, including Nampa, Kuna, and Boise; were also
recently engaged in pathways workshops to explore connections.
The YMCA's Senior Vice President joined the Commission for the
annual MPR Facilities Tour and discussed the future Meridian YMCA
facility.
4) Work with the City's Communication Manager to develop a Parks and
Recreation communication plan.
The Commission has worked with Natalie Podgorslci, the City's
Communications Manager, to create a Parlcs & Recreation
Communication Plan. The plan was developed in the Community
Liaison Committee and presented to and discussed by the full
Commission in May.
5) Refine and implement the Borup property concept plan. Continue to
work with the Dog Park Task Force (DPTF) to create benchmarks;
investigate any potential expansion opportunities; and investigate the
feasibility of a softball complex or rodeo facility.
This goal will be modified or deleted now in response to recent
changes in direction. The Borup Property Phase 1 and dog park plans
were put on hold intentionally this past winter while we investigate a
potential partnership that could affect both the field house and dog
park location. Milce Barton gave a future dog park presentation at the
October 8, 2013 City Council meeting and provided them with three
potential options for a new dog park. Afollow-up discussion will be
held with Council at the November 19 meeting. The Dog Parlc Taslc
Force has disbanded and no longer exists in its original form. We are
proposing an enhancement for FY14 that would develop updated
concept plans at several future parks, including the Borup Property.
6) Complete the production of an MPR Department community video.
The Community Liaison Committee led the effort to gather video clips
of activities over the past year. This spring, additional video footage
was taken, and production was recently completed and used at the
Department's Strategic Presentation with City Council. It was featured
- _ __
Meridian Parks & Recreation Commission -Fiscal Year 2013 Annual Report Page 2
at the July Commission meeting. The new video is a great new tool in
our toolbox to market Parlcs & Recreation in Meridian!
7) Implement the park dedication signs at all parks.
Park dedication signs information and layout was completed with help
from the Parlcs Amenities & Signage Committee and presented to the
City Council in June. Jay Gibbons has been coordinating the
fabrication and installation of the signs, which are nearing
completion.
8) Improve communication among Commission members through
combined workshops and other events; i. e., party, barbecue, all-
committee workshop, DPTF workshop, etc. engaging in this type of
setting; cross-committee participation. Hold an annual team-building
event, such as a so ftball game, bowling, ropes course, etc.
Our June Commission meeting was specifically held as a teambuilding
event with a barbeque and games in Kleiner Parlc. In addition,
pathway workshops have involved all Commission members.
9) Create a partnership proposal process, application, and policy.
A draft partnership proposal policy has been drafted and presented to
the Commission during the May meeting. The proposal policy is
currently under review by the Commission and was discussed again as
part of the August Commission meeting.
B. Recreation & Special Events Committee
1) Increase participation in the MPR Community Golf Scramble by at least
15 percent.
The Committee planned and coordinated the 2013 MPR Community
Golf Scramble beginning in November 2012. However, this event was
eventually cancelled, due to a lack of team registrations.
2) Establish a Christmas in Meridian committee and put on a great event,
which will include a night light parade combined with the Christmas
Tree Lighting Ceremony, followed with a Children's Winterland
Festival.
Meridian Parlcs & Recreation Commission -Fiscal Year 2013 Annual Report Page 3
The Christmas Tree Lighting Ceremony was held on Friday, November
30, 2012 at Generations Plaza. In addition to lighting the Christmas
tree, there was free coffee from Starbuclcs and hot chocolate, a Toys
for Tots drop box, donuts from Krispy Kreme, and carriage rides.
Participants also viewed the movie, "How the Grinch Stole Christmas."
There was a great turnout of people.
A successful Children's Winterland Festival was held on Saturday,
December 1, 2012 and stationed for the first time at Meridian City Hall
after being at the Meridian Community Center the last couple of years.
Festivities included pictures with Santa Claus, trolley rides, a
gingerbread house contest, and a food drive to benefit the Meridian
Food Banlc. Colin Moss hauled over 1,580 pounds of food to the Food
Banle.
The Meridian Symphony Orchestra gave a spectacular performance as
well.
Colin Moss formed an informal Christmas in Meridian Committee last
winter. Members have been hard at work ever since to bring back the
Winterland Parade, which was modified to be the Winter Lights Parade,
and a downtown business decorating contest. This event is planned
for the winter of 2013.
C. Parks Amenities & Signage Committee
1) Implement the master amenities plan for all parks.
The Committee recommended off-leash dog hours at Kleiner Parlc
during late fall 2012 through early winter 2013. The proposal was
approved by City Council.
Adding shade at city parks was the focus of the Committee's
implementation efforts for FY2012-2013. Additional trees, especially
larger caliper trees, were prioritized for planting in the city's parks for
additional shade especially around playground areas.
Committee members and staff also investigated and discussed the
cost effectiveness and appropriateness of other types of shade
Meridian Parlcs & Recreation Commission -Fiscal Year 2013 Annual Report Page 4
structures in Meridian parks. The Committee agreed to go on a case-
by-case basis for structure type, depending upon park theme and cost
effectiveness with preference towards trees.
Funding was obtained for 8th Street Parlc playground and restroom
improvements. Playground equipment was purchased. Actual
construction was delayed due to coordination with a Public Worlcs
project.
2) Finalize and implement park amenity and pathway signage.
A directional signage system to our pathways was developed and
implemented in FY2013.
The Committee finalized and submitted park dedication plaques for
all parks in May 2013.
3) Develop a program for pathway distance markers.
The Committee and staff developed a distance marking system for
pathways based upon tenths of a mile with Meridian Road as
origination point. The system has been named the "Liddell System."
4) Review and approve park site plan updates.
The Committee reviewed and updated the individual park sites plans
in February 2013. Staff is in the process of digitizing all site plans.
5) Organize and update the park site plan data binder.
Nominal progress was made on this goal.
D. Community Liaison Committee/Dog Parlc Taslc Force
1) A Meridian Parks & Recreation Department video will be used to
highlight the Department and all of its activities and programs. It is
the Committee's goal to complete the video by May 2013.
Following ayear-long effort by members of the Community Liaison
Committee, a video highlighting the City's parks and recreation
activities is now complete. The video documents a full year of
activities and highlights many of the City's offerings and events that
_. ® _. _.
Meridian Parlts & Recreation Commission -Fiscal Year 2013 Annual Report Page 5
tools place during 2012-13. Filming for the video started in February
2012 and was completed in March 2013.
The video is now being used by the Parlcs and Recreation Department
as a marketing tool in a variety of ways and through a variety of
formal and informal public platforms. The goal of the video is to
share what happens within the City's Parlcs and Recreation
Department during everything from a regular day (i.e., dance lessons,
skate park, baseball game) to a groundbreaking, historic day (i.e., the
Julius M. Kleiner Memorial Parlc grand opening).
2) To outreach to the community better to inform the citizens of Meridian
o f activities, programs, and projects a f filiated with the MPR
Department. This will be done through different media outlets, both
internal and external.
In order to improve overall communications with the citizens of
Meridian, and to inform them of the news and activities within the
Parlcs and Recreation Department, the Committee worked closely with
Natalie Podgorslci, the City's Communications Manager. The outcome
was the MPR Communications Plan.
To better publicize what the Commission is doing, the
communications plan details what outlets are being used (in-person,
media, social media, events, etc.) in order to communicate community
events and happenings. The plan was accepted by the Committee in
April and taken to the full Commission in May. The plan is currently
being used to publicize MPR Department activities, programs, and
projects.
3) To provide continued priority support to the Dog Park Task Force. The
Committee will support their fundraising efforts, and all will continue
to support all activities that will make the Meridian Bark Park a reality,
Due to the dissolution of the City's Dog Parlc Taslc Force, this effort is
no longer a priority for the Community Liaison Committee. The
Committee will continue to support the full Commission on any
efforts related to the DPTF in the future.
4) Create a Z-Card map to distribute to the public highlighting Meridian
parks and pathways.
Meridian Parks & Recreation Commission -Fiscal Year 2013 Annual Report Page 6
The idea to create a map highlighting the City's parks and pathways
system started in the late spring/early summer of 2012.The idea
stemmed from a similar project in a neighboring city. Rachel Myers
tools the prototype, which was obtained and brought to the Committee
by member and Commission President Treg Bernt, and created her
own version. After working with Committee members on a number of
revisions, the Z-Card map was approved for final production in April
2013. A printing company in Caldwell was able to produce 1,000
copies of the map for $785. Commission President Bernt secured
Meridian Cycle as the map's sponsor; which paid for the printing
costs.
The map, which has received a plethora of positive reviews from the
citizens of Meridian, was handed out at a Cab1eONE Movie Night in
August and at Meridian's Community Bloclc Party in September. The
maps are currently available at Meridian Cycle, the Chamber of
Commerce and the city's libraries. Approximately half of the maps
(500) were reserved to be given out this coming spring.
/ /
TREG BERNT, PRESIDENT
MATT STOLL, VICE PRESIDENT
DATE
Meridian Parlcs & Recreation Commission -Fiscal Year 2013 Annual Report Page 7
~i i n iy unil tin
MEETING NoTEs
~~4-tai.e JrLrL
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
I DATE: I E-MSTAFF TOI AGENCYO I APPL CANT I NOTES I INITIALS I
MEMORANDUM
TO: Mayor Tammy de Weerd
Council President Charlie Rountree
Council Vice President Keith Bird
Councilman David Zaremba
Councilman Joe Borton
Councilman Luke Cavener
Councilwoman Genesis Milam
FROM: Historic Preservation Commissioners
Blaine Johnston, Chairman
Carol Harms, Vice Chairman
Steve Turney
Dr. Frank Thomason
Dr. Thomas Hammond
Joely Walters
DATE: January 9, 2014
SUBJECT: Annual Historic Preservation Commission Update
In 2013 we partnered with TAG Historical Research and Consulting Group to develop afive-
year plan for the Commission. The goal of this partnership is to identify and prioritize the
areas of historic significance within the City of Meridian determining which areas are at a
greater risk for losing their structural integrity and/or being compromised by development.
The commission will use this information to schedule and pursue additional surveys of the
area as well as consider possible nominations to the National Historic Registry.
The Commission celebrated National Historic Preservation Month in May by hosting three
free presentations. This year was especially important as Idaho also celebrated its Territory
Sesquicentennial. The three presentations discussed the topics of irrigation, the interurban
railroad, and Abraham Lincoln's effect on Idaho's early development. Approximately 35
citizens attended the events in the Council Chambers. We received statewide recognition
for these presentation through Preservation Idaho.
HPC maintained their website and Facebook page during the year. Using electronic
methods to promote the Commission and other historic activities in the area has proved to
be a successful and low-cost way to "advertise." Moving forward the Commission will
continue to use those methods but will also focus on new ways to have a presence within
the community.
We sent a commissioner to a training hosted by the National Trust for Historic Preservation.
The skills, ideas, and information learned in that session will help continue to propel the
discussions at HPC forward into the new year.
The Commission will continue to work with ITD as well as other local historic commissions
regarding the development of State Highway 16 and the mitigation funds associated with
the project. A member or representative of HPC will continue to attend any scheduled
meetings to keep the Commission involved and to maintain a vote on how the mitigation
funds may be spent.
Members of the Commission participated in a Walking Tour subcommittee. This group
features a unique partnership with the City and Meridian Development Corporation (MDC).
The Commission would like to see the tour completed and ready to launch before the first of
2014. The updated tour will provide citizens with a fully accessibly multimedia historical
experience. The new brochure includes QR codes that directly link to the newly created
"Our History" page within the City's website. This new site highlights each of the properties
on the Walking Tour as well as other fun and information topics regarding early Meridian. A
citizen can walk the tour and, and by using their smartphone, view the website with
additional information and videos that feature historian, Lila Hill and her unique and valuable
perspective on the early community and residents. Part of this project's first phase will
include the design, construction, and installation of a historical panel on the City Hall plaza.
This panel with be the first of many markers that will be installed along the route of the tour.
The Commission is hopeful that this new signage will grab the attention of a few new guests
and provide an opportunity for schools, families, and even the youngest of historian to
experience life in early Meridian.
Working with the History Center and Historical Society the City will soon have access to
many new and never before publicly seen photographs. Original slides are set to be
converted to JPEG images and then will be printed for public viewing. These new
photographs are going to provide an even more wonderful experience to visitors of the
History Center.
ri i n ity unil tin
mEET~NG NoTEs
~e~-c.2J
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE: IE-MSTAFFTOI AGENCOY I APPLICANT I NOTES I INITIALS
ri i n iy until i
CLERKS oFF~cE F~n-aL acr~on-
I DATE: I E-MSTA F TOI AGENCOY I APPLICANT I NOTES I INITIALS I
ri i n i until ®n
:March 18, 2014 IT $
J T o A 13®015
ITEM TITLE: Public Hearing: TM Creek
by SCS Brighton, LLC Located Southeast Corner of W. Franklin Road and S. Ten Mile
Road Request: Annexation and Zoning of 45.34 Acres of Land with C-G (34.82 acres), R-
40 (3.94 Acres) and TN-C (5.58 Acres) Zoning Districts
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
r-i i n i until ®n
by SCS Brighton, LLC Located Southeast Corner of W. Franklin Road and S. Ten Mile
Road Request: Preliminary Plat Approval Consisting of Forty-Nine (49) Building Lots and
Three (3) Common/Other Lots on 41.03 Acres of Land in the Proposed C-G, R-40 and TN-
C Zoning Districts
( DATE: I E-META D TOI AGENCYO I APPLICANT I NOTES I INITIALS I
~i i n iy until tint
1° :March 18, 2014 I U $
1®007
ITEM TITLE: Continued from March 4, 2014: Spurwing Orchard No. 3
by Brighton Investments, LLC Located North Side of Chinden Boulevard, West of N. Ten
Mile Road Request: Final Plat Approval Consisting of Sixty-Three (63) Single Family
Residential Lots and Four (4) Common Lots on Approximately 25.85 Acres in the R-4
Zoning District
DATE: IE-MSTAFF T°I AGENCOY I APPL CANT I NOTES I INITIALS
ri i iy until
1' :March 18, 2014 I lJ $
J T u 1-008
DATE: IE-MSTA D TOI AGENCY I APPL CANT I NOTES I INITIALS
ri i n e until ten
T :March 18, 2014 I lJ $
J :VAC 1-001
ITEM TITLE: Leisman Addition
Public Hearing: Vacate the 10 foot wide public utility, drainage and irrigation (PUDIj
easement along the shared lot lines of Lots 3 and 4, Block 3 platted with the Leisman
Addition Subdivision by Lawson Design - e/of N. Linder Road and n/o W. Pine Avenue
I DATE: I E°MSTA F TOI AGENCOY I APPLICANT I NOTES I INITIALS I
ere i n iy until tin
1' :March 18, 2014 I u $
t 13®042
ITEM TITLE: Public Hearing: Centre Point Square
by Center Point Square, LLC Located West of N. Eagle Road and South of E. Ustick
Road Request: Preliminary Plat Approval Consisting of Forty (40) Single-Family Buildable
Lots and Four (4) Common/Other Lots on Approximately 5.28 Acres of Land in an R-15
Zoning District
MEETING NOTES
~87^GUe ~ "f" 7/d1/~/
Community Item/Presentations Presenter Contact Info./Motes
CLERKS OFFICE FINAL ACTION
I DATE: IE-MSTA F TOI AGENCOY I APPL CANT ( NOTES I INITIALS (
ri i i u it tin
I DATE: IE-MSTA D TOI AGENCYO I APPLICANT ( NOTES I INITIALS I
ri i iy until tin
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
CITY OF MERIDIAN RESOLUTION NO. `~
BY THE CITY COUNCIL: BIRD, BORTON, CAVENER
MILAM, ROUNTREE, ZAREMBA
A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF
MERIDIAN APPOINTING MICHELLE GLAZE TO SEAT 1 OF THE MERIDIAN
ARTS COMMISSION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Meridian City Code Title 2, Chapter 5 established the Meridian Arts
Commission, its members and terms of their appointments; and
WHEREAS, Seat 1 of the Meridian Arts Commission is current vacant; and
WHEREAS, the City Council of the City of Meridian deems the appointment of
Michelle Glaze to Seat 1 of the Meridian Arts Commission to be in the best interest of the
Meridian Arts Commission and of the City of Meridian;
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO:
Section 1. That, effective March 18, 2014, Michelle Glaze shall be appointed to Seat 1
of the Meridian Arts Commission, which term shall run from March 18, 2014 through February,
2017, pursuant to Meridian City Code Section 2-5-3 (C).
Section 2. That this Resolution shall be in full force and effect immediately upon its
adoption and approval.
ADOPTED by the City Council of the City of Meridian, Idaho, this 18t1i day of March,
2014.
APPROVED by the Mayor of the City of Meridian, Idaho, this 18tI' day of March, 2014.
APPROVED:
~~~
_.n
_~ ~.`"~
e~ ~~-..
,~
Mayor Tamzny de Weerd
ATTEST:
;'
/ ~` /`° ,
Jayceeolman, City Clerk ~ '\
<°,,
t l.~ljit
RESOLUTION APPOINTING GLAZE TO MERIDIAN ARTS COMMISSION PAGE 1 OF 1
Michelle Glaze
10790 W Franklin Rd.
Boise, ID 83709
208-577-1058 cell/208-388-6415 office
mgiaze a}idaho~ower.com
February 19, 2014
Mayor Tammy de Weerd
33 E Broadway Avenue
Meridian, ID 83042
Dear Mayor de Weerd,
~' ~ r
CITYt}~C~ ~,raa
CITY ~t.~~~ts C~~~~~~
Several months ago I met Mary .Iensen from the Meridian Arts Commission. The passion Mary
expressed about Meridian and the Meridian Arts Commission instantly hit close to home. I
relate to the need to build bridges to the Meridian Community through various expressions of
art while inspiring and allowing women, men and children of the Meridian Community the
opportunity to express themselves creatively. Art is my heart, and to be able to strongly
support the need & desire for more of it in the Meridian Community lights a fire in me. I know
if I`m given the opportunity to work with others artists who share the same desire, "WE" will
make it happen. I hope for the chance to be a strong part of the Meridian Arts Commission by
creating ways to bring more beauty to Meridian.
While art allows me to capture my genuine self, my professional career at Idaho Power gives
me the freedom to do so. I have been fortunate for the last 12 years to continue to build a
professional career at Idaho Power. I love my job and the ability to engage & help people. I
not only speak for the company, but I speak for the customer. Being a customer representative
gives me the chance to build strong relationships with residents, small businesses, as well as
the overall communities. I'm proud to represent Idaho Power and grateful to have Meridian as
one of my primary areas. I too share the same excitement of what a wonderful community
Meridian is. The opportunities for growth are endless and I am happy fio know I am a part of
that.
Overall, I care about the Meridian Community & will help & do what it takes to achieve common
goals not only for myself, but for the good of others. I am a voice that is heard when I work
towards things I am passionate about. Art is my passion. Art is my heart.
Sincerely,
Michelle Glaze
jj Application to be Considered for
€' ` City-Appointed or 'V'olunteer positions
Position Applying fot: O Parks & Recreation Cotntnission O Planning & Zoning Commission
Meridian Arts Commission O Historical Preservation Commission ®Transportation Commission
O Impact Fee Committee O Solid Waste Advisory Commission
O General Volunteer Position on Special Projects or Events as Needed (appointment not required)
Name: ~ (~N ~ ~~ ~'7.-~.
Home Address: ~ ( ~f ~ ,~. ( t ~/=",.~., ~~-;:~-A:~r--~'" ~``~,~tl~i (7~ •T~ ~''
Telephoner ~ '~'~z~ -...(~, ~~` ~ ~ ~~~ ..r-1 ~~
1/-Mail Address: ~:~i~fa 7~ ~•? tr~'!t _~ ~aj,~=;.-, ,~
Occupation: ', ~ ~ ~ ..w. -~`. ~ ~,{ : ~ •-~-~~,~r~,
Are you a resident of the City of Meridian? O Yes ~ No
If not, do you live in Meridian's area of impact? O Yes ~ No
Why do you want to became involved?
~t^~- C'~ ~ i?v`~ ~" i t~ ,~t..-f ~'~~'" t~-{~ ~ l'~G>~ (~ r't'•)Ca~- ielrl `'l-"N- ~ '/ ~A/~
-~ ~~~t~ y='r-~ W~iz'~ ~.~ 1~-cam r`~~,~r~ ~~~ I~z.~r~s.~- ~~-n~ ,~1~•~.;
Do you parttctpate to any local service clubs ar other organizations? A Yes O No
If so, please list: I~I~~~.•1•tat•I.~r'tif (~1--l~t~lt,~- ~(-~ GC~t1.~/~~L.~. ~l ~.
What areas of city government are of most interest to you?
Have you participated in any level of volunteer government service in the past? O Yes (~ No
if so, please list:
Do you understand the t}'~e commitment required to attend meetings and review/research data to make
recommendations? 'f7 Yes O No
Signature
Date TAI ~/~~--
Please return your completed application, resume, and letter of interest to:
City Clerk's Office, City of Meridian, 33 E. Broadway Avenue, Meridian, ID 83642
Phone: (208) 888-4433 Fax: (208) 888-4218
:March 18, 2014 I : 9
J
ITEM TITLE: Police Dept: Budget Amendment for
the Replacement of Patrol Car for the Not-to-Exceed Amount of $8,853.00
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
( DATE: I E-MSTA D TOI AGENCOY I APPLICANT I NOTES I INITIALS I
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An Ordinance (AZ 13-010 McLinder Subdivision/Sawtooth Village) for Annexation of a
Parcel of Ground Located in the Northwest 1 /4 of Section 36, Township 3 North, Range
1 East; Establishing and Determining the Land Use Zoning Classification of Said Lands
from RUT to R-15 (6.426 Acres) (Medium High Density Residential District) and C-N (6.578
Acres) (Neighborhood Business District) and Providing an Effective Date
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
I DATE: IE-MSTAFF TOI AGENCY I APPLICANT I NOTES I INITIALS (
ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 9
BOISE IDAHO 03f20l14 09;41 AM
DEPUTY Bonnie Oberbillig III I'll'IIIIIIIIIIIIIII"IIIII'I'I'I~
RECORDED-REQUEST OF
Meridian City i 14~t~~7~
q
CITY OF MERIDIAN ORDINANCE NO.
BY THE CITY COUNCIL: BIRD, BORTON,
CAVENER,
MILAM, ROUNTREE, ZAREMBA
AN ORDINANCE (AZ 13-010 - McLINDER SUBDIVISION/SAWTOOTH
VILLAGE) FOR ANNEXATION OF A PARCEL OF GROUND LOCATED IN THE
NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 3 NORTH, RANGE 1
EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN
ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY,
SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO
THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY
THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND
USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT TO R-15 (6.426
ACRES) (MEDIUM HIGH DENSITY RESIDENTIAL DISTRICT) AND C-N (6.578
ACRES) (NEIGHBORHOOD BUSINESS DISTRICT) IN THE MERIDIAN CITY
CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED
WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND
THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND
PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A
WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE
CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO:
SECTION 1. That the following described land as evidenced by attached Legal
Description herein incorporated by reference as Exhibit "A" are within the corporate limits
of the City of Meridian, Idaho, and that the City of Meridian has received a written request
for annexation and re-zoning by the owner of said property, to-wit: TS Development, L.L.C.
SECTION 2. That the above-described real property is hereby annexed and re-
zoned from
RUT to R-15 (6.426) (Medium-High Density Residential District) and C-N (6.578 Acres)
Neighborhood Business District), in the Meridian City Code.
SECTION 3. That the City has authority pursuant to the laws of the State of Idaho,
and the Ordinances of the City of Meridian to annex and zone said property.
SECTION 4. That the City has complied with all the noticing requirements pursuant
ANNEXATION - McLINDER SUBDIVISION/SAWTOOTH VILLAGE (AZ 13-010) Page 1
of 3
to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re-
zone said property.
SECTION 5. That the City Engineer is hereby directed to alter all use and area
maps as well as the official zoning maps, and all official maps depicting the boundaries and
the zoning districts of the City of Meridian in accordance with this ordinance.
SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict
herewith are hereby repealed, rescinded and annulled.
SECTION 7. This ordinance shall be in full force and effect from and after its
passage, approval and publication, according to law.
SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days
following the effective date of this ordinance, duly file a certified copy of this ordinance and
a map prepared in a draftsman manner, including the lands herein rezoned, with the
following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor,
Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance
and map with the State Tax Commission of the State of Idaho.
SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of
the Members of the full Council, the rule requiring two (2) separate readings by title and one
(1) reading in full be, and the same is hereby, dispensed with, and accordingly, this
Ordinance shall be in full force and effect upon its passage, approval and publication.
PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO,
this day of ~ , 2014.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
,' ~ ~ play of ~~ 1 ~ s ~-' , 2014.
~ _.
~...
MAY,l7R TAMMY de WEERD
ANNEXATION - McLINDER SUBDIVISION/SAWTOOTH VILLAGE (AZ 13-010) Page 2
of 3
ATTEST:
~~
JAYCE . HOLIVIAN, CITY CLERK
:,
~i
ANNEXATION - McLINDER SUBDIVISION/SAWTOOTH VILLAGE (AZ 13-010) Page 3
of 3
STATE OF IDAHO, )
ss:
County of Ada )
On this day of __ , , 2014, before me, the undersigned, a Notary
Public in and for said State, personally appeared TAMMY de WEERD and JAYCEE L.
HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of
Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the
City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year first above written.
(SEAL) NOTARY PUBLIC FOR IDAHO
RESIDING AT:
• `~ MY COMMISSION EXPIRES:
h
~ v1
t
ANNEXATION - McLINDER SUBDIVISION/SAWTOOTH VILLAGE (AZ 13-010) Page 4
of 3
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO I.C. § 50-901(A)
CITY OF MERIDIAN ORDINANCE NO. 14- ;' --
PROVIDING FOR ANNEXATION AND ZONING ORDINANCE
An Ordinance of the City of Meridian granting annexation and zoning for a
parcel of ground located in the Northwest Quarter of Section 36, Township 3 North,
Range 1 East, Boise, Ada County, Idaho. This parcel contains 13.004 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 ~: , D-day of _ ', ; if, . ; , ~ , 2014.
First Reading: " ~` ~" ~
Adopted after first reading b suspension of the Rule as allowed pursuant to Idaho
Code §50-902: YES NO
Second Reading: --~--
Third Reading: ~ -
STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF
SUMMARY OF ORDINANCE NO. 14- ~ ~
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. 14- ~ ~(~ 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 ).
~.
DATED this _ day of , 2014.
,.~ ~ , ~.
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~' ~illiam. L.M. Nary
City Attorney
ORDINANCE SUMMARY - McLINDER SUBDIVISION/SAWTOOTH VILLAGE (AZ 13-
010)
Exhibit A
Legal Description
K~STR~.L LAND
SURVEYING
ANNEXATION FARCE! DESCRIPTION
A parcel of ground located to the Northwest Quarter of Section 36, Township 3 North,
Range i East of the Boise Meridian, Ada Bounty, Idaho, more partlcu{arty described as failows.
BEGINNING at the Northwest Corner of Section 36, T.3N., R.lE., B,M.,;
Thence along the North tlne of the Northwest Quarter of said Section 36, South 89'24'33"
East a distance of 812.21 feet to a point;
Leaving sold North fine and along the Westerly Nne of C®bblefleld Crossing Subdhr{sbn Ho.
Z the following;
Thence South 00°16'26" West a distance of 429.61 feet Yo a point;
Thence South 89°24'33" East a distance of 78.21 feet to a point;
Thence South 11x42'27" West a distance of 79.20 feet to a point;.
Thence South 26b2'45" West a distance of 198.43 feet to the Northeasterly
Corner of Arch Rock Terrace Subdhrislon;
Thenca kaving Bald Westerly line end alonj the North Iine of Arch Rock Terrace .
Subdivision, North 89°26'18" West a distance of 788.00 feet to a poMt on the West line of
the Northwest Quarter of sa{d Sedbn 36;
Thence along said West Nne, North 00'14'4x'° East a distance of 686.89 feet to the POINT
OP 6L~GlNNING.
Said Farce! containing 13.004 acres (566,472 square feet), more or less, and {nc{odes the Right-of-
Way for West McMillan Road and North Under Road
End Description
Protect No. 13.132
Prepared August 16, 2013
1671 ~: Hill ltd, i6. Bolre,lD 83y0? (x6~ 8d8.73IJ
McLinder Subdivision/Sawtooth Village AZ 13-010
Exhibit A
Legal Description
k~.srR~.~.. ~aNp
SURVEYING
ZONE R-15 - PARCEL DESCRIPTI9N
A parcel of ground located In the Northwest Quarter of Section 36, Township 3 North,
Range 1 East of the Boise Meridian, Ada County, ldaha, more particularly described as follows;
Commencing at the Northwest Corner of Section 36, T.3N., R.1E., B.M., Thence along the
North line of the Northwest Quarter of said Section 36, South 89°24'33" East a distance of 812.11
feet to a point, Thence leaving Bald North Ilne and along the iesterly line of Cobblefield Grassing
Subdhrtsion No. 2, South Od°16'26" West a, distance of 226.47 feet to the POINT ®~ BIWNIN6;
Continuing along the Westerly line of Cobblefleld Crossing Subdivision No. 2 the following:
Thence South 00°l6'2b" West a distance of 203.14 feet to a point;
Thence South 89°24'33" East a distance of 78,21 feet to a point;
Thence South 11'42'27" West.a distance of 79.20 feet to a point; '
Thence South 26'02'45" West a distance of 198.43 fee# to the Northeasterly
Corner of Arch Rock Terrace Subdivision;
Thence leaving said Westerly Ilse and along the North line of Arch Rock Terrace
Subdivison, North 89'Z6'18" West a dlstancc of 559.99 feet to a point;
"Chance leaving said North Itne, North 00'14'42" East a distance of 32.00 feint to a point;
Thence North 89'x6'18" West a distance of 6.83 feet to a point;
Thence North 00°33'42" East a distance~af 428.00 feet to a point;
Thence South 89.26'18" East a distance of 58$.45 feet to the POINY OF IgEGtNNING.
Said Parcel containing 6.426 acres X279,936 square feet), more or kss.
End Description
Project Na.13-132
Prepared August 16, 2013
167416: Hrrr ~a, ~a, ~or~., !D x3702 n~ aa8-71~s
McLinder Subdivision/Sawtooth Village AZ 13-010
Exhibit A
Legal Description
fC~.STREL LAND
SU RV~.YI NG
ZONt: C-N -PARCEL DESCRIPTION
A parcel of ground located In the Northwest quarter of Section 36, Township 3 North,
Range 1 East of the Boise Meridian, Ada County, Idaho, more particularly described as fellows:
BEGINNING at the Northwest Garner of Section 36, T.3N., R.1E., B.M.;
Thence along the North kns of the Northwest Quarter of sold Section 36, South 89°24`33"
East a distance of 812.11. feet to a paint;
Thence leaving said North fine and along the Westerly line of Cobblefleld Crossing
Subdivision No. 2, South 00°16'26" West a distance of 226.47 feet to a point;
Thence leaving said Westerly line, North 89'26'18" West a dlstanee of 588.45 feet to a
paint;
Thence South 00°33'42" West a distance of 428.00 feet to a point; '
Thence South 89'26'18" East a dlstanee of 6.83 feet to a point;
Thence mouth 00'14'42" West a distance of 32.00 feet to a point an the North Nne of Arch
Rotk Terrace Subdivision; - ~ .
Thence along said North Hne, North 89°26'!.8" West a distaste of 228,02 feet to a point
on the West line of the Northwest Quarter of said Section 36;-
Thence along said West qne, North 00°14'42" East a distanee of 686.89 feet to the PO!
OF BEGINNING. '-
Said Parcel containing 6.578 acres (286,536 square feet), more or less, and includes R t-of Way
for West McMillan Road and North Linder Road
End Oescriptlon
Pro]ect No.1.3-1,32
Prepared August 16, 2013
1674 B' )t1!! Ild ~ Bolao ID 83701 (108) dd&7311 pJYonr - (70s~) d8d•73J4fa~
EXHIBIT B
Map
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McLinder Subdivision/Sawtooth Village AZ 13-010
i'1 1 ~'6 l~1/ l1/1Il fll7
T :March 18, 2014 IT lJ 11
J
ITEM TITLE: Future Meeting Topics
MEETING NOTES
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Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION