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2014-03-18~1.~ ~~~ `~ . ~ ~ ..~ `~~ J ~,` ~~ CI1°Y C®UNCIL GUL~4 \~ : ; ~ .~, MEE°fINC ADEN®A 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 Page 11 of 56 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 Page 12 of 56 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 Page 13 of 56 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 Page 16 of 56 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 Page 18 of 56 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 Page 20 of 56 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. Meridian City Council 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. Meridian City Council 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? Meridian City Council 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 Meridian City Council March 18, 2014 Page 27 of 56 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 Meridian City Council 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. Meridian City Council March 18, 2014 Page 29 of 56 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 Meridian City Council March 18, 2014 Page 31 of 56 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. Meridian City Council 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. Meridian City Council 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, Meridian City Council 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 Meridian City Council March 18, 2014 Page 36 of 56 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? Meridian City Council March 18, 2014 Page 37 of 56 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. Meridian City Council March 18, 2014 Page 38 of 56 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. Meridian City Council March 18, 2014 Page 39 of 56 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 March 18, 2014 Page 40 of 56 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. Meridian City Council March 18, 2014 Page 41 of 56 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 Meridian City Council March 18, 2014 Page 42 of 56 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. Meridian City Council March 18, 2014 Page 43 of 56 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. Meridian City Council March 18, 2014 Page 44 of 56 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. Meridian City Council March 18, 2014 Page 45 of 56 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 Meridian City Council March 18, 2014 Page 46 of 56 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. Meridian City Council March 18, 2014 Page 47 of 56 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 ~~ ~ -~:,.w . . ~p~ r WW YW ~W ti,®wW ' w--.~..~~ r ~ am f, iw«. „ . .« ~ ~K.. » »»» w _ ,,~ ~e r` ..~ ,~ «.: - 4 Q Mwi 1Y r.u+.r I 14`+~ I i 1 ~~ 1 I ' _; I __~._ ~ r~` ~ N 1 "'`~ I `~~ I , ;~ ~ ' ~ t ' O J ' .~ PR ~I E U M A R tAT Q Y P F __- p ~ 1 f b ` p( ~ y ( 1 , ~1 /'~p~ MQL.~N®ER .ciU®®~Y't7~V1V ® LOCATED IN APORTION OF THE Nw 114 OF THE NW 11t OF - 3ECttON 98, T.aN, R.i W. RISE MERIDIAN ~ Y :>bS~'~i1'«.~'r.r . CITY OF MERIWAN, ADA CQUNTY, pANO ~ y~ NOVEMBER i, 2010 } ii ° _ ~ ~ ~ `__~ _ iWit1~L7^ - ---- o .,_.__ ~~urr ...® 1 __~._ a _. - ~~ .,_.._ rmesr~~ x-w--~..~,.. w~ / 'd ~ ~ ~ I~ ' .w.r ~.,~ .®we a°.r«w wwra°war+r ~ ww® # i%1iR4~ i ~ ~ Wbww w ~M ,.o { m+~... r..aw... wti.wa ~~wv ,( / . ~~ 1~ ~~ ~ Yx5 r1 j$ ~~ t 3r ,1 n; ~ c ~$ ~~~~ 1~~~ ~~ ~+. rr~wNrr rut PP 1 McLinder Sub/Sawtooth Village A2-13-010; PP-13-0~2; CUP-13-010 PAGE 13 EXHIBIT A Exhibit A.3: Landscape Plan (dated: 8/19/13) i~ ~ z ~ .;: 1. .1~ e ~,.~ ....•r` ~~.v itwxrana+ ! ~ . ~rw ....v ~frre~~m-rM 4 1.r~riock'x. b ~ W.WtMr~~ PYT.ArI ~. ~.M~TM6 pR7/6ft. ImYw i ~1 ~~I ' ~, -' Yr"' - \MY McLinder SublSawtooth Village AZ-13-010; PP-13-022; CUP-13-010 PAGE 14 EXHIBIT A Exhibit A.4: Site Plan (dated: S/19/13) stye PLAN oRAwirxs PDR nla: SAWTCIUTM VILLAGE / McLINDER SUBDIVISOON ~; ,i ~, ~~# ~ ;~ ~~~~~ n gip., McLinder Sub/Sawtooth Village A2-13-014; PP-]3-022; CUP-I3-010 PAGE I S 1O0A1 ED IN A PORTION OF THE NW 114 OF THE NW Ito OF 8ECT10N ~, T,4N, R,1W, BOISE t~RIDtAhI, EXHIBIT A Exhibit A,S: Conceptual Building Elevations & Floor Plans Fir...; "3'':e w. ~~x;~tr~P~~ ~«~. ~.~.~:.: n[` =e[PI' T1 w# ~M~. W f~' ~V~t .:w' a.., . d e.' [~ .6R M R :' ~ [ . ..'~1. ~~. .H ~'F I,.P- N li ®~ ,q~ Q~ vI V sp! i G ~ ~~ ,. ~ ~ 3iY[ eu'vanor~s Mci,inder Snh/Sa~utnoth Village A2.13-OiO; PP-13-022; CLJP-13-010 PAGE Z 6 UNIT "A" E'~ITBYELE~fATION -LTNTT "R" PATIO EI.EVATIQN "xc x,r.: r UNIT "8" HN2'RT P.LEVATION • ilA'TT fi" PATIO ~tE~*AI'IO:~ r++ iv'.Tr EXHIBIT A N ~Q ~~ PAGE 17 EXHIBIT A --~~ I ~~ , . 1 - i ' ~1 I, ~' ~ ,. -, -- - -- o --, _ '~f ~~ ~ ~~ ~~. .. .: '~ ~ I __ I~~ ~~ ~~ r ~~' [ I,!~lIT i:+ 'I ~, ~-:~ F ff~, ~~>>-~ r -i~ ~/ _~ _ ~f~iI~~J1T , `' ~~' , .F.,~_ FI ~~ `~ T FLr,,: 'p _- <~ ~:. __- ` _ ~~,~' __ t ~ - f ~ti, @R r~,'. k= ;:; ,~;; F, ; - ~ ' - ~. IIt'~'1~1'Y ~. ~ ' I . _ _~ ' i. s P 11T I_=~ _ ~(~~ ~~ ,~ :' - ~.. F. :IT Es .. ,.~ - ~ I !IL h4; ; .;,t~ ~F. ~ ~: e ~_ a ~ ,, e ~~- __ _._... _.___. _.._.._-__ _ ; ~ a ~ ~_,,, - - ~ ~ _ ~ ~, c ~.. I +.5. ~ ~+~ .~ `~` { i _~ ,,~ I '_~p ~ i t~~~~ ~ ~~ i~ ~ fir ~ ~,~ tiii .,~ ~ , --~ ~ ~,~: ~., try ~ r~~ • -- ~f_1 __ - =-`J Md_inder Sub/Sawto~tb Vill.xge A7_-13-010; PP-13-022; CUP-13-010 PAGE 18 EXHIBIT A I ~ ~ ~ II ~`~~ ~ , + _ , ~ t ~ ~ • ~ ~ ~ }-tit t•'.. V ~ ~ ~ ~ ~ ~ ~~ + •~ ~ 'r i f--- _ _ __. __ _ .. - ~, ~_ _ ~ • ~ ~ ~ t 1° ~a~ ~ ~ ~~ _ ~ ~~ ~ ~'I , , rr i 1 ` '' ' I ` _ _ ,~. ~ =~ _ ;- _ ~; ; ~, ~, (),~ 5 t1 II' 1+ ' ` __ ~ ~~. -a~ f_,. ~ 1 ~ r~i` J 7 , . i 114 ,ter 1 1 y ~ ~ V i f' ' ~ y_r .. ,;fir{ b c 4_ ~. 1 i ~~ ~ ~ ~~~ ~~'- Y~1' .r (~ - t~yq~ i1 i ~ ~ ~ ~.~~ ~~' ,c, - r~ ~ l ~ ~ , j_i - ~~~ ~ ',,: ~ ~_ _ _ _~ ~~ Mcl.inder 4uh/Satvtnnth Vill;ige A7_-13-O10; Pp-13-022; CLIP-13-O10 PAGE l9 r' ~ ; - o- -- ~ } t~ ~ ,;~r~ ; y ~ x13 i~a~~I~. .~s.~ ~ ~~ k ~ ~ .-„ . , 'j. f 1.1XHIBIT A ,~.'"~ tt {~~ ~~ P~~ -1,-. ! .~... ~ `.2~L~ Mcl,indet• Snh/Sa«rfnnth Village A7-13-(110; PP-13-022; CUP-13-(110 PAGE 20 ~~ .i ~ - ~ -- -- 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. ,~ In ~ f r:a~ „~+: „+~,,. , i,. „+:„ .,~+we n,,,,i., rn~,.,,a „ ,.«..o9t-pa~}-t' v. v vvc-z' , 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. enn rr Rea rat: 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 ~` ~.. _~ ~...._. _. _._ _.~~`rf 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 ~~ C~ ~ ~.~~ o ~~.~~ ~~ ti ~ ~~~~ w a~o .Q ~~ [T~ ~ '~.1 O ~ y ~ 2 ~~ ~~ tL Q1u 1 N i~ ~ r~ ~~ 1<Mavz i~ ` ~ 0 ~-~-T~ t, ,ilY9Z M ' ~ ~ H .. , ~~ ~ ` ~~ W s ~~ ~ k.,~a .® i ~ e ~ ~ ; _ ,00'~i ~ .LidCAO S 2itY OA(1Y70 7s1 4 i « ~~ ` ` ~r er ~..~~ ~ ~ ~ ti -o -~ ~. r~ r r { IDY Y W 7.BiJlm N ~ ~ { ,' l - ( ~ Z ~~ ~~ tn w /^vJ m L--~ ~ '"~ N .~ ro ~~ a ~ N g` ~ a ~~ ~ L~, ~ S ~~~ ~ ~ ~~ t ~ ~ ~~~ 0 a.. a .:NM 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; r1 ~r nnr,rl~>`rrr n.r ~nTrr~r-r rnrrnr r rc~ ~<n l °' ~„'" ^„~'• ,,;++oa +„ «n; +„» a ae6l=iei3-~~~ . e~ ~ e~3 e~ « > > > > ~"~ 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 tiictory Rd R1 - _ ~ 3250 __ 3516 3792 ,, c c ~ ~ ~ - E ~ull nSE~~ ~, ero i _ ,. r ~ _ r . __,~ i i 1° ~n Q, I u+ E lc h dr-- 3oa5 - '^ ~ ` ~~ ~~c~f P cu +~ `~ 1'. ~ 1 K ..-,~ 3300 ~~ ~V ~i _ i ~ a ~ ; J ~v ,~~ ~f`t~_ ~ ~~ _ ~ ~. & R $'- Shaver CY ~ J ~ ~,-~,~ - ~- ' E ''~ ~ ~ E Shave S ~ Ffdl fln~ nh~~ 3475 ~~~ ~~ 2870 _. _. __ _..~ ~ ~~.. / ~ - 3475 - - i / 3467 r- 3515 ~~~ 3415 -- ~ r. _ ..:. ~-_ _. ~-RomeDr.-__-J --- -. -- 7 ~ ' '~, ~ i r ~ 03620 ^ ~b / ~ ` -_--- r ~ ... __ 3677 9b 6 ~ S -_ 11 b ca d~, I ~ y J' lI ~ a6r/ ~ ~ - - ~ Darl~neto Pr -- r 1, ~ ~ e ~ H ._ ___ \ ` N j } C q ~ ~ ~ _ ~ ~, RUB ! ~0 - - k ~ , ~y fe D ~ (~ i~c~a ~ ~N '~n; ~ 3300 .4! ~,~ ~ ~,~,~ ~0~~, i ~~ ~~ 1 ; ~ ~ Dartmoor Dr ~~ ~ ~ ~ i ~; _• \ --~~ ,, ~, ~~ 1 ' ` ~" '~ - 2931 ~ J8 \ ,,'r ~,'.~~'~, f.~'c ,.~ `. 3851 l .__ 73 ~` . 3g~n \ ~ ' ~ - - ~ ~~ 3875 - _ I i \ P~ '' ~ ~ ~ ~ ,; - _-~... _ E victory Rd'' n ~_'-'~ ~ s _ ,,:', ~:_" _s ^ , ~ ~ r _ ~ ~ . \ I ~ ~ r ' ~ ~ ~ ~ E HAi p t - _ - ^'~ I ~ E Cullen St . - - __ " , ~ ~ ~ ~ ~ - I ~~ ~ - ` ~ ~ %~ o ~ >z `z E Pyrus - ` j t .1! FBI o. I ~ ~ ~ ~ ~ i ,~ ~ °ti ~ , ~ I ~ ~ ~ '~~' _ i~ . ~ i~ CL ' paver ~ E SI ~ r.r. ESh r~t.; ~! ~ _ ~ ~' - ~ - ~ .~ _ ''v~ ~ v r'~ `J ,~ EShar rS ~ `~ FFat +• ~ eo~~r ^K ~ , . 2070 ___-_ _. ~;~, _ F iy_tgN,. ~ 1 "`'~~ ~~ y. . ~~~~~ ~ E e-. ~ ~ ~ E F mA ~r r ns ,~4+ . ' ti Ecsr ~~~~`~ ~~ ~ at ~ ~ ~'. ~! ~~ ~-' -~ i i E D ~ U ~~ r)ingto 0~~ q i a ~ - !~ t ~ a . i ~ n A '' ~Lr~~r ~~ ~~ ~~: 111 l'ia f~ ~ 1 ."`" t~s.~+~°if ~ I/ h+ •F r J ~- ' ~ t t ~~ E Oart ~,. v I m dCr Dr "~ ~ ' ,,,,,. t o - _ 1 r u , ~~- LIA 1 f Ik'~~~, ~~K ~ ~ ~~- _ C ~~ ` h ~ '~ ~ ,,..i_j i P ~ ~ ~, ~ i > i ~~o Falconers Place - PP-13-039, MDA-13-024 & ALT-13-025 PAGE 8 2. Proposed Preliminary Plat (dated: 12/18/13) I'A LCC)\ DR,I VI': ,UE ft l bl A N, I _L[,:. 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' . (~ ~-~ ~~~1 11 _ i[ { ~ - ,' i I ~~' ~ : I I ,, Ir .. _ - -„ ~ ---~F , ~,.R1: - .. _ _ ~ ,I 0 - '~ RtON'1'GLL4.14YON ~ C!K . ,. ,. - ~~,Z 2 awl ia.ic~~,t'nov ' ~ ~ c~ .?~ 1 tlu~i i t.i:~-n'nav ~ p ~ } ~ ,r ~ ~ :. p , ~ ~--- ~ 1 ° ;'. . ~~.. Ci ~ -~ ~ `mss '(< <, : ~ II !~ ~ _ 1 ~~ ~ _ ~ .,r h , , ~f ~ ~ ;f ~~ ~.7~~ ~-~' o 'E~: ,, ,. -~~,. - _ -_1!i ~, ~~ ~ ~ ~ "1'i 1 jl I~ ,~ I ~! - ~E, a ~.~~ ~ ,, ~_ ~..,! ~ '; ~i ~~ _-___ ~ f"t t,!!~ f „51 i f ~YRIF'LI_:.. is i~-i ' ~~ "1 1 _4Vf~,Ti Jet ~ ~b pA. ~ ~I ~~. _::~' Falconers Place - PP-13-039, MDA-13-024 & ALT-13-025 PAGE 12 __ ./ ''° ~<. ~~ ~'"' i _ ~ - ~, ~. r~~ Erie ~~~ ~ / i .r I I //~ I ~ _ ,.~ I ~ ~ ~ rya ~a J FI~LC'l'J(~ERS PLtCG TRIf'lC~ - ~ ~ ~~~ 1 ~ ~ ~ F~rai ~ ~ ~ j ~ ~ ~ ~- _ ~ ca ^~ ~ ELEVFlTIUI.f UUI_C~Tf~ t OPTION; G ~( ~-_ 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: ® r r,,,a„+„ +t,,, n,,,.+;a~. r,,,.t,,,to „ , ,to<.ot,,,,~,.i,,,.,.,,,,,~. ® nestien ~~, r,,,.t,,,to ~ .. ,ro„ot,,,,o,.i,..,,,,o,.~. ® ~~~n_t •_r~~„~+,•,,,,+;,,,, .,,,,t ao„ot,.,,,.,a„+ „r• o;+t,o,.., ,,,t;+;,,,,~t ,..;+ ,. rt.,,,,,,,,t d•~O~GIe~ZILGTCC-~GACIOSI jIIA22-OG SRV11Tf000G1. 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Fla,..... /2\ .. ~7.7;F;.,,a.,1 ., ., a.Fl .,.. ..1„a... ~F.a ll~ aaNNaa~.w aaa .~ u Naaa aua:Naccia +l~ano .l.,.oll; nl,nll l.o ., .,.1,; 1.;to.l 1~..,,, ., .,„.7 .. ...] ., F,aa .,1 „1.a F f:..~+,.t,..~o .,f .lo.,~l.,.,.,,,..,+ .,l.aw ~,.1.,..a.,,~ ., „a 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. ~-~ 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 W FIG ST W FIG ST ~y GOLDENROD AVE } uVEADOWDALE DR W PAINT ST W PAINT DR~'i f~$ W SCOTFIELD ST w W WAtNWrug~T DR W PICADILLY ST S W EDNA DR North Slough Z Z W GINGER CREEK DR W SATINLE'Af DR y W GRENADIER DR W FRtNGESREE 51 ~~/DD~ W FREEDOM DR W i ST ~f;QF ~R ~ x 9 W FOXFIRE ST ~ Q Z 1T~ U O .i ~{ „ .,., ~c .., Q ~ ~ W USTICK RD ~~ ~ ~_ --_-~-~-~_Q r~ ~m~ URIARNUOD DR ,,W,g - Z -- -ES - '\\ i Lateral G~ W ARDYCE OR ~ - "t~ O -- - -- s1\ W ABRAM OR V ~ Ste' W GRIWCER AVE Z ~ ~ `` ~r ~ (~ ~~_ W PALM ST TEC-14-002 Cenhepointe North Subdivision Page 3 EXHIBIT A Exhibit A.2 -Approved Preliminary Plat if~~-- _ R`Y7rt .- ~_ -_ _.. \\ ~ _ ~:~ ,,,~: a ~ a c K ~ ~,~ _ ~--~~~ ~. -- !' 9~t\; ,,; ~x ~, L3 L 0 ~ K ~ Q ~ ~.. a n /CCFV- ~ ~. m` ~ cYVi __ -- Few ..ra w n ..... .. rml'!A¢ttWwZLV 6\\\\\\1\\~ .... .... ~:..~, a/r ~., n, tLL~, yr w+rr I d Imx S+r.R R4Y~O A?~S_h9lb' - __ i :~ i-v dwiiK'w. ii a n~x,,.n .`+ i~~`r.`..~ ~ ~ a.r»a.n m R ups re as wr..u uw.¢ C~rfl7'SrySgA~'DIE' 1 ~~a gip. ~L~tn~~~ A"n"~N KC'.N ~Y~~- /tM fh'f l3J~l~I kH i'.~~ew ,T>S CW OAl'IJOAIW /.Y}A4YI r70N t~.*iut°i.n ~~.~ - n pat m.~~~~ .C+RAINAG61'I+1 +' ~~v4 lt~~ rte Lwl Wily li 0.N ~( iriKlO V LNi~ ~ M( ~ iV ~ ~ E~ ~ ~ r - a~ ~~ ~ ~ +~ r ~ ~~ ~ ~ ~~ ~, : ~ , -- --~ ,~ .I ` e~ ,~_ `~' 1 ~Ij ~,1 '~ I~ )! r. ~ q ~ a ; ~ K a ~ u ,~ ~ ~ j f - o ~ s ' ~gw ~~1 ri, y~ ~ ~'~ ~ ':1Z k ( ,? ~ Q ~ - s} ; ~~~~ ;~ ti ~° 4 ' ~t ( F Z ~ ~ CL ~ ~~.- ~ },, ._~ tII - 2' }, i I ci 7 _V_ NCI ~I ~' ~` 6 .. u I, ._~~- 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~_~ ) ss. 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. r~"' C7F'{"~ICI~L ~~~L ' ti f ~:~~~ Ir ~&~?~~~L~ ~ ~t~~'t-9t~1 ~/ NO~'A~Y F'tJl3ta]y -UFiF~~C~Pd %' c;Uh~A49S~1+~{d h?~. 4':5862 MY i:(~~PiMIS81t~P~ E:XE~{Fi~;~ ~JIJLY 15, 2015 -- - - ~ 4~ 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) ,.. a` NO'I-ARY PU1~~IC FOR IDAHO Residing at: Commission Expires: _,. , :, ~, _' ~ ` ~ ,- ...._ rE= ,~~.,,, r„ ~. rh,^ i' 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 \p~PL LANs ~ 4~G ~S T E fi ~~ ~- c~ ~ ~`~`~~ ~ ~ ~I ~~f~l~ ~ .~ {`~.~ TF o F ~p ~~ ^~ (,~~-" rand Surveying and Consulting roN ~ ~~~ 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 Fj ~ M~<F cRFFk \ ~s \ " e ~ ~~' POINT OF 10 ~`3 .BEGINNING 0 J Z D Q O W _J ~yZ,~ F- 34 35 1622.31' 3 2 LINE TABLE LINE LENGTH ^BEARING sr, .~ ~~v ~ ~O ~~\O ~} } J O <I Y m ZI ~ ~~ sg: e~oac a G~~ 4 ~( G~~O O ti I ~PG~ P ~,~~ - - FJ I I o o z I I _ 333.20' _ 2s43.so' W. USTICK ROAD ONP` LA NHS /~v`' ~~C','~ ,~T E1iQ G~QG 1118 Nj, 1 ~ 1`~" I ~ ~ n~i~~TF o E \o ~~~Z oN W . NP CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD BEARING Ct 20.76' 60.00' 19'49'31" 20.66' N 47'43'30" W ~^ a' s m° - ~ v z Q w a 688.00' 35 1 /4 N 89'15'57" W 2 BASIS OF BEARING Land Surveying and Consulting 231 E. 57H ST., STE. A MERIDIAN, ID 83G4Z ~zos~ zss-zoao ~zoa~ zas-zss~ rax ~wwv.I andsol u t ions. b iz 0 50 100 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. ~~ p~~~~ Ji/ J/S f ~ j,r+ f ... .. 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 } } • . , 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. r 1 . 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 ~ C. ~ ~ ro ~ ~ ~ N ~ ~ ~ p ~ ~ ~ ~~ N ~ ~ 3 `O ~ = C_ ®. ~ 7 a. 7•~~ Q' ~ 9 a ~ ~ ~ c w w ~ c ~ c~i ~ 5 0 a Q' ~ C' O Q.° ~~' m 3 c o, ~a~ ~ ~ ~ ~ `< = as C ~ ~ ~ Vl O ~ ~ ~ ~ N ~ a~ 3 -+ c ~ ro °- ~~ a ~ ~ `,°~. O ® ~ O ~?i°= O' ~3~'3 Al fD ®N C O. O ~ ~ ~• 7 ~ G ;~' e. .~ ,~ N Q' C° Al C~ N ~ O ~ a rt ~ ~ ®. Q ~ C 7 Q. Q N ;~' fD 7 ~~ ~ ,A ~ ~ ~ o v rs .N. g ~. N ~ l0 N ~ 'O ~ d O `<, O ~ as '+ ~,. S .m _~ o ~ N ~ N Q F-~ n'~, o ~ o O ni O Q. 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Z I~ W \ 1 ~ N , 1 ` ~ N w ~ ~ ..~ N ~ ~ O O O IT1 ..~ ~ ~ Z WC~ ®~ O m p Z D ® z m Z TI D n ~. °® ro 0 n N N O• Q w 0 n v -, ® ry~ fD y '~ C! 3 -C N O 0 ~ (D ~k O ri ian i cenil tin 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. ,.~ ~ , ~. ~~. ~' ~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 ~ ~ Z 2 Q. ~ J ~ ~ ~ ~ ~ ~ 5` ~ V ~ c~ z ~ ~ ~ 2 J ~ ~ ~. ~ ~ ~~ ~ ~~ ~ ~ ~ o~ ~ ~ ® a ~~ ; ~~ I I ~~ o~~ ,~ N. ~~ o o ~~.~~ ~~~m~ ~ 3 ~~ ti ~ ~~~~ ~k~ ~~ ~ W x'~a ~x Q ~~ "`~ ~ b9 to W ~~ ~. ~~ ~~ ~~ ~~M~z~ • .~,~~ ,41YOi _Z M^ ~„[ O 4W ~~ Q ~ ~~o ~~ ~~ ~~~ ~- 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 /lam- Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION