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Home My WebLink About2001 02-20 . . CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, February 20, 2001, at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: ....lL.- Tammy de Weerd ....lL.- Ron Anderson ....lL.- Cherie McCandless ....lL.- Keith Bird ....lL.- Mayor Robert Corrie Adoption of the Agenda: Add No. 21 - Discussion of Locust Grove Overpass; Add No. 4-C-1 Bill Nichols 2. 3. Consent Agenda: A. Tabled from November 8, 2000: Findings of Facts and Conclusions of Law: CUP 99-039 Request for Conditional Use Permit for planned unit development including continuing care retirement community, single- and multi-family residential and office and retail use by Touchmark Living Centers - Joseph A. Billig - east of St. Luke's between Franklin Road and Interstate 84: Table to March 6, 2001 B. Findings of Facts and Conclusions of Law: AZ 00-020 Request for annexation and zoning of 339.73 acres to R-4, R-8 and CoN zones for proposed Keltic Heights Subdivision by Parkland Development - west of Meridian Road and south of Chinden Road: Approve Findings of Facts and Conclusions of Law: CUP 00-050 Request for Conditional Use Permit for a sales and project information office in a temporary trailer for Ashford Greens No.4 by Brighton Corporation - Black Cat and North Waggle Place: Approve C. D. Findings of Facts and Conclusions of Law: CUP 00-054 Request for Conditional Use Permit to construct the new Meridian City Pollee Station in an R-8 zone by Lombard Conrad Architects - south of Franklin Road and west of Locust Grove Road: Approve Findings of Facts and Conclusions of Law: RZ 00-008 Request for rezone of 5.17 acres from L-O to R-4 for proposed Devlin Place E. Merkian City Council Agenda - Februæy 20, 2001 Page1of5 All materiels presented at public meetings shell become property of the City of Meridian. Anyone desiring eccommodation for disabilities related to documents and/or hearings, please contacllhe City Clerk's Office at 888-<1433 at least 48 hours prior to the pubnc meeting. J. K. L. 4. . . F. No.2 by J-U-B Engineers - south of Devlin Place between Sunburst Subdivision and $unnybrook Farms: Approve Findings of Facts and Conclusions of Law: PP 00-025 Request for Preliminary Plat approval of 16 building lots and 4 other lots on 5.17 acres in a proposed R-4 zone for proposed Devlin Place No. 2 by J-U-B Engineers - south of Devlin Place between Sunburst Subdivision and SunnYbrook Farms: Approve G. Findings of Facts and Conclusions of Law: RZ 00-009 Request for rezone of .25 acres from R-B to CoG for general commercial use for proposed Tranquility Ponds by Potter Land Surveying - East 3m Street and Fairview Avenue: Approve Findings of Facts and Conclusions of Law: AZ 00-024 Request for annexation and zoning of 20.20 acres from RT to CoG for proposed Sparrowhawk Subdivision by Hubble Engineering - northeast corner of North Nola Road and East Franklin Road: Approve H. I. Findings of Facts and Conclusions of Law: PP 00-026 Request for Preliminary Plat approval of 3 building lots on 20.20 acres in a proposed C-G zone for proposed Sparrowhawk Subdivision by Hubble Engineering - northeast corner of North Nola Road and East Franklin Road: Approve Findings of Facts and Conclusions of Law: VAR 01-001 Request for variance allowing an increased building height to 57 feet from the existing maximum height of 35 feet for the new Mountain View High School by Hummel Architects - southeast of the intersection between Locust Grove Road and Overland Road: Approve Findings of Facts and Conclusions of Law: VAR 01-002 Variance to reduce the number of landscaped islands in the parking lot for the new Mountain View High School by Hummel Architects - southeast of the intersection between Locust Grove Road and Overland Road: Approve Beer and Wine License: Wal-Mart Supercenter No. 2862, Inc. at 4051 E. Fairview Avenue, Meridian, by Wal-Mart Stores: Approve Department Reports: A. Mayor's Department - Mayor Corrie: Meridian City Council Agenda - FebruaIy 20, 2001 Page2cf5 All mstsrIeis presented at public meetings Shall beca11e property d!he City d Meridian. Anyone desiring accommodation for disabilities - to documents and/or heeríngs, please contact the City Clerk's Office at 888-<1433 at least 46 hours prier to !he public meeting. . . 1. Executive Session: Decided Section 67-2345{c} Nothing B. Public Works Department - Gary Smith: 1. WiII-8erve L~tter relating to land owned by W.H. Moore at Ustick and Eagle Road: Revisit at March 20, 2001, meeting Change Orders No.5 and 6 for the Wastewater Treatment Plant Digester and Clarifier Facilities: Approve 2. C. City Attorney's Department - Bill Nichols: 1. Update on Judicial Review Process for Police Building: Discussed 5. 6. (Items moved from Consent Agenda) 7. Tabled from February 6, 2001: Ordinance: Approve Continued Public Hearing from December 19, 2000: RZ-00-005 Request for Rezone of 10.04 acres from R-B to CoN for proposed Linder Crossing by Hawkins Companies and Stubblefield Development - southeast corner of Cherry Lane and Linder Road: Continue Public Hearing to March 20, 2001 Ordinance No. 01-909: Sign 8, Continued Public Hearing from December 19, 2000: CUP-OO-O48 Request for Conditional Use Permit to construct a 5B,OOO sJ, retail commercial building, four fuel stations with a kiosk and 10,500 sJ. multi- tenant retail commercial building for the proposed Linder Crossing by Hawkins Companies and Stubblefield Development - southeast corner of Cherry Lane and Linder Road: Application Withdrawn 9. Public Hearing: AZ 00-026 Request for annexation and zoning of 5.4 acres from Ada County RT zone to R-e for a proposed planned development for proposed Kodiak Development by Hubble Engineering - west of Meridian Road one-half mile south of Overland Road: Continue Public Hearing to March 20, 2001 Public Hearing: AZ 00-025 Request for annexation and zoning of 8.15 acres from an Ada County RT zone to R-B for proposed Staten Park $ubdivision by Leavitt and Associates - east of Black Cat Road and MerIdian City Councu Agenda - February 20, 2001 Page3of5 All materials presented aI public meetings shell beca11e property of !he City of Meridian. Anyone desiring ac:cornmodallcn for disabilities relatad to. documents and/or heerings, please contacl!he City Cler1(s Off"", at 888-<1433 at least 48 hours prior to !he public meeting. 10. 12. 13. 14. 15. 16. 17. . . south of Ustick Road: Attorney to Prepare Findings of Facts and Conclusions of Law for denial 11. Public Hearing: PP 00-027 Request for Preliminary Plat approval of 24 building lots and 5 other lots on 8.15 acres in a proposed R-4 zone for proposed Staten Park Subdivision by Leavitt and Associates - east of Black Cat Road and south of Ustick Road: Attorney to Prepare Findings of Facts and Conclusions of Law for denial Public Hearing; CUP 00-058 Request for Conditional Use Permit for a child-care center for 24 children in an R-15 zone for proposed ABC Club Daycare and Preschool by Janet Torgenson - 650 West Broadway: Attorney to Prepare Findings of Facts and Conclusions of Law for approval Public Hearing: RZ 00-010 Request to rezone B.BB acres from an R-4 zone to an L-O zone for proposed St. Alphonsus Regional Medical Center Ambulatory Care Center by BRS Architects - southeast corner of Cherry Lane and Ten Mile Road: Attorney to Prepare Findings of Facts and Conclusions of Law for Approval Public Hearing: CUP 00-056 Request for Conditional Use Permit for a planned-unit development in a proposed L-O zone for proposed St. Alphonsus Regional Medical Center Ambulatory Care Center by BRS Architects - southeast corner of Cherry Lane and Ten Mile Road: Attorney to Prepare Findings of Facts and Conclusions of Law for Approval Public Hearing; PP 00-021 Request for Preliminary Plat approval of 5 building lots on 6.95 acres for proposed Mallane Commercial Complex by The Land Group - northwest corner of Fairview Avenue and North Hickory Way: Attorney to Prepare Findings of Facts and Conclusions of Law for Approval Public Hearing; CUP 00-049 Request for Conditional Use Permit to construct a branch bank with drive-thru teller in an L-O zone by Mountain West Bank - Magic View Office Complex: Attorney to Prepare Findings of Facts and Conclusions of Law for Approval Public Hearing: VAR 01-003 Variance request for a time extension for recordation of Final Plat for Merchants Plaza Subdivision by Wild Shamrock, LLP - east of Meridian Road, south of Gem Street: Attorney to Prepare Findings of Facts and Conclusions of Law for Approval Meridian city Council Agenda - February 20, 2001 Page4of5 Ali materíeis presented at public meetings sheD become property d the City of Meridlen. Anyone desiring accommodation for disabilftias - to documents and/or heeríngs, pleese contact the City Clerk's Office at 888-4433 at least 48 hours prior to !he public meeting. 18. 19. 20. 21. - t CUP 00-057 Request for Conditional Use Permit to construct a new office I warehouse building in a flood plain for Big D Builders in an I-L zone - King Street and Baltic Place: Tabled to March 6, 2001 FP 01-002 Final Plat approval of B2 + 2 existing single-family dwelling lots and 6 other lots on 43.33 acres for Observation Pointe Subdivision by Victory 41, LLC - north of Victory Road and east of Meridian Road: Tabled to March 20, 2001 Water, Sewer and Trash Delinquencies: Omit Discussion of Locust Grove Overpass: Discussed Meridian CilyCouncil Agenda - Februæy20, 2001 Page5of5 All materiels presented at public meellngs ahell become property d the City of Meridian. Anyone desiring eccornmodalion for dlsabil~ies related to documents and/or heeríngs, please contact the City Cleff<'s Office at 888-4433 et least 48 hours prior to the public meeting. 1. 2. 3. , «I CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, February 20, 2001, at 6:30 p.m. City Council Chambers Roll-call ?-ndance: ~ 6~~~: ~c~~~:ss ~ ~~i~hA~i~~rson Mayor Robert Corrie Adoption ofthe Agenda: add #2/- Ìr71"u4I'I;;"'-uf- t.o?f¿.ç'¡:"fin>W' ¿;;Vobtf'fLJ"J N 4-- (! - / ß¡ Ì'l .A.lt'd7-~-Ü - ¡1-- fir¡. ~ !1 ti..¡:>cú..k on Vàaíè.M /2eV70<.J ¡J¡vœs:.r Hz-. Po/;'u.-.7~-~,lláih!J Tabled from November 8, 2000: Findings of Facts and Conclusions of Law: CUP 99-039 Request for Conditional Use Permit for planned unit development including continuing care retirement community, single- and multi-family residential and office and retail use by Touchmark Living Centers - Joseph A. Billig- east of St. Luke's between Franklin Road and Interstate B4: 'fa get... (M.:;(i2 ~ G ~ /1vh}- Findings of Facts and Conclusions 0' Law: AZ 00-020 Request for annexation and zoning of 339.73 acres to R-4, R-B and CoN zones for proposed Keltic Heights Subdivision by Parkland Development - west of Meridian Road and south of Chinden Road: ¿tC/prvw- Findings of Facts and Conclusions of Law: CUP 00-050 Request for Conditional Use Permit for a sales and project information office in a temporary trailer for Ashford Greens No.4 by Brighton Corporation - Black Cat and North Waggle Place: Findi::;: ~tsand Conclusions of Law: CUP 00-054 Request for Conditional Use Permit to construct the new Meridian City Police Station in an R-B zone by Lombard Conrad Architects - south of Franklin Road and west of Locust Grove Road: apJ?'Hl VI(... Findings of Facts and Conclusions of Law: RZ 00-008 Request for rezone of 5.17 acres from L-O to R-4 for proposed Devlin Place No.2 by J-U-B Engineers - south of Devlin Place between Sunburst Subdivision and Sunnybrook Farms: ~~ Consent Agenda: A. B. C. D. E. Meridian City Council Agenda - Februæy 20, 2001 Page1of4 All materiels preeented at public meetings shell become property d the City d Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please ccntacI the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. , .. 4. Findings of Facts and Conclusions of Law: PP 00-025 Request for Preliminary Plat approval of 16 building lots and 4 other lots on 5.17 acres in a proposed R-4 zone for proposed Devlin Place No. 2 by J-U-B Engineers - south of Devlin Place between Sunburst Subdivision and Sunnybrook Farms: tlppr<'~ Findings of Facts and Conclusions of Law: RZ 00-009 Request for rezone of .25 acres from R-B to CoG for general commercial use for proposed Tranquility Ponds by Potter Land Surveying - East 3m Street and Fairview Avenue: ClJ7y-¡;wolt.- Findings of Facts and Conclusions of Law: AZ 00-024 Request for annexation and zoning of 20.20 acres from RT to CoG for proposed Sparrowhawk Subdivision by Hubble Engineering - northeast corner of North Nola Road and East Franklin Road: appr-ov-e.... Findings of Facts and Conclusions of Law: PP 00-026 Reuqest for Preliminary Plat approval of 3 building lots on 20.20 acres in a proposed CoG zone for proposed Sparrowhawk Subdivision by Hubble Engineering - northeast corner of North Nola Road and East Franklin Road: ap¡;ro V1L Findings of Facts and Conclusions of Law: VAR 01-001 Request for variance allowing an increased building height to 57 feet from the existing maximum height of 35 feet for the new Mountain View High School by Hummel Architects - southeast of the intersection between Locust Grove Road and Overland Road: a.flprr7 V\(..... Findings of Facts and Conclusions of Law: VAR 01-002 Variance to reduce the number of landscaped islands in the parking lot for the new Mountain View High School by Hummel Architects - southeast of the intersection between Locust Grove Road and Overland Road: ~~ Beer and Wine License: Wal-Mart Supercenter No. 2862, Inc. at 4051 E. Fairview Avenue, Meridian, by Wal-Mart Stores a-ppn> ~ Department Reports: F. G. H. I. J. K. L. A. Mayor's Department - Mayor Corrie: 1. Executive Session: 67-2:3ìfÇ{c.) nofht":::J de~¡~ Public Works Department - Gary Smith: B. Meridian City Council Agenda - February 20, 2001 Page 2 of 4 All materials presented at public meelings shall become proparty 0/ the City d Meridian. Anyone desiring accommodation for disabiltties related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at leasl48 hours prior tolhe public meeting. 5. 6. 7. 8. 9. 10. , , Will-Serve Letter relating to land owned by W.H. Moore at Ustick apd.Eagle R. oad: / _o..L. . . t:-It. '7~ zP I ~ ~ þacL iIL~ .$0 d4.t" - /J'l/VI.. ~I ò. tF. Change Orders No.5 and 6 for the Wastewater Treatment Plant Digester and Clarifier Facilities affYVlI~ (Items moved from Consent Agenda) Tabled from February 6, 2001: Ordinance No. tJ /---'10 q : Sign Ordinance: CbIP V.e... 1. 2. 11. Continued Public Hearing from December 19,2000: RZ-00-O05 Request for Rezone of 10.04 acres from R-B to CoN for proposed Linder Crossing by Hawkins Companies and Stubblefield Development- southeast corner of Cherry Lane and Linder Road: I'zt,þá. ~ Ih~ 6 I Zt?t:? I 1%7-: Continued Public Hearing from December 19, 2001: CUP-00-048 Request for Conditional Use Permit to construct a 5B,OOO sJ. retail commercial building, four fuel stations with a kiosk and 10,500 sJ. multi- tenant retail commercial building for the proposed Linder Crossing by Hawkins Companies and Stubblefield Development - southeast corner of Cherry Lane and Linder Road: ~pp-&~ M1-1u~"V?o- . Public Hearing: AZ 00-026 Request for annexation and zoning of 5.4 acres from Ada County RT zone to R-8 for a proposed planned development for proposed Kodiak Development by Hubble Engineering - west of Meridian Road one-half mile south of Overland Road: {!ß7VtrhwL.¡l/h' 1-0 ~2t?I$I2-PÞI ~ Public Hearing: AZ 00-025 Request for annexation and zoning of B.15 acres from an Ada County RT zone to R¡I.4for proposed Staten Park Subdivision by Leavitt and Associates - eást of Black Cat Road and south of Ustick Road: - ~ul<4 I~ . n/r.( e/-L ~'i. :J-2- II/lA..v ~r-./ TV ~p~ ~11" Public Hearing. PP 00-027 Request for Preliminary Plat approval of 24 building lots and 5 other lots on 8.15 acres in a proposed R-4 zone for proposed Staten Park Subdivision by Leavitt and Associates - east of Black Cat Road and south of Ustick .Road: &, dt:'¡ e I.e. ~ ¡1L.F-II-- ~ T"/{}v:/? ~ n I ¡- Public Hearinlf: CUP 00-058 Request for ~onditional Use Permit for a child-care center for 24 children in an R-15 zone for proposed ABC Club Daycare and Preschool by Janet Torgenson - 650 West Broadway: Co/'PrT1rM--- a-~ fP ~~ fl¡:'1 c/.:¿, Public Hearing: RZ 00-010 Request to rezone B.BB acres from an R-4 zone to an L-O zone for proposed Sl Alphonsus Regional Medical Center Ambulatory Care Center by BRS Architects - southeast corner of Cherry Lane and Ten Mile Road: a...¡-I-nJ1.,.e(.;f Þ ~jJ~ ...f:¡t: « c/...e... Meridian City Council Agenda - Februar{20, 2001 Page3of4 All materiels pnesented at public meetings shall become property cJf the City d Meridian. Anyone dasiring accommodalioo fa disabilities related to documents and/or hearings, please contaclthe City Clerk's Office 111888-4433 at least 48 hours prior to the public meeting. 12. 13. , . 14. Public Hearing: CUP 00-056 Request for Conditional Use Permit for a planned-unit development in a proposed L-O zone for proposed St. Alphonsus Regional Medical Center Ambulatory Care Center by BRS Architects - southeast corner of Cherry Lane and Ten Mile Road: ~f/'.e. ~ Io~~ ..p(þjC/-L 15. Public Hearing: PP 00-021 ~equest for Preliminary Plat approval of 5 building lots on 6.95 acres for proposed Manane Commercial Complex by The Land Group - northwest corner of Fairview Avenue and North Hickory Way:~.AV"..fA k Jfh.UJ?~ ,p/¡:. i cl-L æfl)7rl?W!. a" - -. --J ,., 16. Public Hearing: CUP 00-049 Request for Conditional Use Permit to construct a branch bank with drive-thru teller in an L-O zone by Mountain West Bank - Magic View Office Complex: -ßlþ.j l...f- a¡.>pro:'Vt/L. ~1. 1-0 ~(.!'-e f C 17. Public Hearing: VAR 01-003 Variance request for a time extension for recordation of Final Plat for Merchants Plaza Subdivision by Wild Shamrock, LLP - east of Meridian Road, south of Gem Street: . ItpflrPV>e- ~';j fo~~ .f{,j:.-Je--/..e..... 18. CUP 00-057 Request for CondKional Use Permit to construct a new office I warehouse building in a flood plain for Big D Builders in an I-L zone - K~¡~;e~~~t'~ {; IÃ ~ 19. FP 01-002 Final Plat approval of B2 + 2 existing single-family dwelling lots and 6 other lots on 43.33 acres for Observation Pointe Subdivision by Victory 41, LLC - north of Victory Road and east of Meridian Road: -fa,6k Wh/A 7 ~A. 20 t; ~ - 29. -water, ßt¡~lIer aRC:! Hash DelÙl'l 1:18 Ae. ier.- ¡:;[ c: . /Q þ,i-R ~ tlj)J)l19W' ,.¿b. 1!7¡;T if. ~TCU.r¡7¡;'" ~ t&?C-hJ'1- é7f7p~ /2.0~ ()ve-..../tLJ.r +- - c! ß¡71 AJ/~f - ~h.L.J 1- Í6-;PctNf¿ th-... .:/kdl¿.J... (k.v/ew frø>a s r ~ j!""'&u Ï3ú/2O(¡'j Meridian City Council Agenda - February 20, 2001 Page4of4 All materiels presented at public meetings shsll become property of the City of Meridian. Anyone desiring accornmcx!ation for disabjl~ies related to documents and/or hearings, please contaclthe City Clerk's Office at 888-4433 at lesst 48 hours prior to the public meeting. . . MERIDIAN CITY COUNCIL MEETING FEBRUARY 20. 2001 The regularly scheduled City Council meeting of the Meridian City Council was called to order by Mayor Robert D. Corrie at 6:33 p.m. on Tuesday, February 20, 2001. Members Present: Robert Corrie, Tammy de Weerd, Ron Anderson, Keith Bird, Cherie McCandless Others Present: Gary Smith, Shari Stiles, Ken Bowers, Dave Bowman, Will Berg Item 1. Roll-call Attendance: ~ Tammy de Weerd ~ Ron Anderson ~ Cherie McCandless ~ Keith Bird ~ Mayor Robert Corrie Item 2. Adoption of the Agenda: Add No. 21 - Discussion of Locust Grove Overpass; Add No. 4-C-1 Bill Nichols Corrie: First on the agenda will be our consent agenda. Council, we have Consent Agenda A through L. I will open the meeting with any questions the Council may have on this. Item 3. Consent Agenda: Bird: Mr. Mayor, the Item A on that, is that all ready to do, or is it the same as a year ago? Anderson: Or does it need to go on hold for another year? Nichols: Councilman Bird, Mayor and members of the Council, Steve Bradbury, the attorney for Touchmark is here tonight and he can answer your questions. There are a couple of issues that have been raised. We are still working on the latest one, which is Touchmark wants -- If you will recall, a standard condition in our Development Agreement is, if the development wants to go through a phased development, that they can come in and ask for an amendment or an addendum to the Development Agreement. Well, the developer wants to do that phasing. Their engineer had hoped to have a phasing plan to Public Works by last Thursday. It didn't get there. I believe it is anticipated by this Thursday. I think it is that the phasing plan will be before Public Works. If we're going to do an amendment, we might as well have that on the same agenda as the time for doing -- at this point, so we can put it off till the first meeting for March and consider it at that point. That would give us enough time to resolve these remaining issues and thaI's acceptable with the applicant. Meridian City Council Meeting . February 20,2001 Pg.2 . Corrie: The sixth? Bird: Yes, the sixth. Corrie: Okay. Captain Bowman, on that Beer and Wine License, everything is okayed by the Police Department? Bowman: Yes sir. Bird: Mr. Mayor, on the regular agenda, we have the letters from two items for Stubblefield that asked us to take them off. Item No. B and Item No.7. Corrie: I thought they wanted eight off and seven to stay on. Bird: Oh that's right, seven stayed on. Okay, eight came off. Corrie: Yes, seven they want to keep on and eight they want to take off. A. C. Tabled from November 8, 2000: Findings of Facts and Conclusions of Law: CUP 99-039 Request for Conditional Use Permit for planned unit development including continuing care retirement community, single- and multi-family residential and office and retail use by Touchmark Living Centers - Joseph A. Billig - east of S1. Luke's between Franklin Road and Interstate 84 B. Findings of Facts and Conclusions of Law: AZ 00-020 Request for annexation and zoning of 339.73 acres to R-4, R-8 and CoN zones for proposed Keltic Heights Subdivision by Parkland Development - west of Meridian Road and south of Chinden Road Findings of Facts and Conclusions of Law: CUP 00-050 Request for Conditional Use Permit for a sales and project information office in a temporary trailer for Ashford Greens No.4 by Brighton Corporation - Black Cat and North Waggle Place D. Findings of Facts and Conclusions of Law: CUP 00-054 Request for Conditional Use Permit to construct the new Meridian City Police Station in an R-8 zone by Lombard Conrad Architects - south of Franklin Road and west of Locust Grove Road E. Findings of Facts and Conclusions of Law: RZ 00-008 Request for rezone of 5.17 acres from L-O to R-4 for proposed Devlin Place No.2 by J-U-B Engineers - south of Devlin Place between Sunburst Subdivision and Sunnybrook Farms Meridian City Councii Meeting . February 20, 2001 Pg.3 J. K. L. . F. Findings of Facts and Conclusions of Law: PP 00-025 Request for Preliminary Plat approval of 16 building lots and 4 other lots on 5.17 acres in a proposed R-4 zone for proposed Devlin Place No. 2 by J-U-B Engineers - south of Devlin Place between Sunburst Subdivision and Sunnybrook Farms G. Findings of Facts and Conclusions of Law: RZ 00-009 Request for rezone of .25 acres from R-B to CoG for general commercial use for proposed Tranquility Ponds by Potter Land Surveying - East 3M Street and Fairview Avenue H. Findings of Facts and Conclusions of Law: AZ 00-024 Request for annexation and zoning of 20.20 acres from RT to CoG for proposed Sparrowhawk Subdivision by Hubble Engineering - northeast comer of North Nola Road and East Franklin Road ,. Findings of Facts and Conclusions of Law: PP 00-026 Request for Preliminary Plat approval of 3 building lots on 20.20 acres in a proposed CoG zone for proposed Sparrowhawk Subdivision by Hubble Engineering - northeast corner of North Nola Road and East Franklin Road Findings of Facts and Conclusions of Law: VAR 01-001 Request for variance allowing an increased building height to 57 feet from the existing maximum height of 35 feet for the new Mountain View High School by Hummel Architects - southeast of the intersection between Locust Grove Road and Overland Road Findings of Facts and Conclusions of Law: VAR 01-002 Variance to reduce the number of landscaped islands in the parking lot for the new Mountain View High School by Hummel Architects - southeast of the intersection between Locust Grove Road and Overland Road Beer and Wine License: Wal-Mart Supercenter No. 2862, Inc. at 4051 E. Fairview Avenue, Meridian, by Wal-Mart Stores De Weerd: Mr. Mayor, could we add, as Item 21, discussion of Locust Grove overpass? Corrie: Okay. Bird: If its not too late. Corrie: That's the internal discussion? Meridian City Council Meeting . February 20, 2001 - Pg.4 . De Weerd: Yes, just in light of what was presented at (inaudible) today. Nichols: Mr. Mayor, if you would give me just a brief moment under department reports, I have a report on the Judicial Confirmation on the police building. Corrie: Okay, we'll put you -- Nichols: Item 4 C, under the regular agenda. Corrie: Item 4 C. Okay, anything else on the Consent Agenda? De Weerd: I have none. Bird: I have none. Anderson: Mr. Mayor, I would make a motion, with moving Item A, on the Consent Agenda to the March 6th Council Meeting, moving it until then to approve the Consent Agenda. Bird: Second. Corrie: Okay, a motion has been made and seconded that we approve the Consent Agenda, except Item A, which will be tabled to the March 6th 2001 meeting. Any further discussion? Roll Call vote please. Roll call: De Weerd, aye; Anderson, aye; McCandless, aye; Bird, aye. MOTION CARRIED: ALL AYES Item 4. Department Reports: Corrie: Item No.4, A, Mayor's Department, Executive Session. If the Council would rather do that at the last of the meeting, that would be fine with me. We have to do some -- I want to talk to the Council about some land issues. So, it won't take long, but it might save us some time in here. Okay? Bird: That's fine with me Mayor. A. Mayor's Department - Mayor Corrie: 1. Executive Session: Section 67-2345{c} [moved to end of meeting] B. Public Works Department - Gary Smith: Corrie: Thank you. Item B is Public Works Department, Gary Smith. Meridian City Council Meeting . February 20, 2001 Pg.5 . 1. Will-Serve Letter relating to land owned by W.H. Moore at Ustick and Eagle Road Smith: Thank you Mr. Mayor, Council members. First item is a request from W.H. Moore Company for the City to issue a will-serve utility letter to Winston Moore for property that he owns at the northwest corner of Ustick and Eagle Road. I believe you received copies of a letter written by Mr. -- signed by Mr. Jonathon Seel, Mr. Moore's representative, dated February 15, 2001, outlining the reasons for the request for a will-serve. This property, all but 12.23 acres, is presently in the impact area for the City of Meridian. They have had conversations. Mr. Moore and his representative have had conversation with the City of Boise, to the extent of transferring that acreage to the City of Meridian, so that his total acreage would be within the City of Meridian's area impact. Apparently the City of Boise is agreeable to this request, although it hasn't been finalized yet. So this letter that Jonathon See! has written is requesting feedback from City Council concerning City of Meridian accepting this 12.23 acres into our area of impact and also providing a will-serve utility letter for the total parcel which is fifty-seven point eight four acres in size. Their consulting engineer has determined that the proposed sewer, Ustick sewer line, that is part of the south slough extension, which is presently under design, will serve the entire 57.84 acres. We presently have a City water line along the north side of Ustick, adjacent to the south boundary of this parcel. That water line crosses under Eagle Road and continues along Ustick to the east to serve Summer's Funeral Home. There is not water line presently in Eagle Road, north of Ustick. Mr. Moore has, in this letter written by Mr. Seel, has agreed to annexation at the time an annexation route is available, or at a time that this property is annexable, being contiguous to City Limits. Presently it is not. The closest City Limits, I believe, is to the west - Summerfield Subdivision. I guess there are two questions that Mr. Seel is presenting to you this evening. One is your comments concerning the transfer of this twelve point two three acres from the City of Boise's area of impact to the City of Meridian's area of impact. And secondly, would be the issuing of a letter, of a will-serve utility letter, for the 57.B4 acres by the City of Meridian. Of course, the reason for that is that this property is outside the City Limits, and by ordinance that approval is required by Council. Mr. Seel is here this evening, if you have any questions of him directly. And if there are any questions I can answer for you, I'd be happy to try and do that. De Weerd: Gary, what is the time frame on the extension of the South Slough? Smith: We're dealing with easements right now. The consulting engineer has been involved in property owner contacts and trying to secure easements through four property owners to get us to the public right-of-way in the Carol subdivision area. Everything that has been done, at this point, is just preliminary contacts. There are no easements that have been obtained yet. We're tying to get a feel of what's going to be required by the property owners to grant the Meridian City Council Meeting . February 20, 2001 Pg.6 . easements. Once the easements are...a preliminary alignment has been prepared, but of course that can't be finalized until the easements have been secured. In terms -- I don't have an exact schedule for you, as far as when the line would be constructed. We're hopeful that easements will be -- we'll be able to secure easements in a relatively short period of time and then continue on with the final design and have the project under construction by fall, late fall. Corrie: I have a question. Jonathon, would you come up here for a moment? Jonathon, in your talks with -- did you talk with the City Council, or the Planning and Zoning people? Who did you have your conversation with? Seel: I, in fact, had a copy of the letter -- Jonathan Seel, with the WH. Moore company. I sent a letter to the City Council, the Mayor and a copy to Wayne Gibbs. At the last Council hearing, which was last week, unbeknownst to us, we hadn't planned it this way, but they decided to decide this, they were discussing some other issues. Their comment back, at that point, was that they thought this was fair and reasonable, to go ahead and transfer that land from the City of Boise to the City of Meridian's impact area. What Wayne Gibbs explained to me and this is the first time I've gone through this process, so bear with me if I'm kind of going around it. I guess the next step for them is, he is sending a letter to the Mayor requesting that they have a negotiation with Ada County, which is required I believe, under State law or State ordinance. That is tentatively scheduled for the 27th of this month, which I believe is next Tuesday, at which time then they would presumably bless it. I don't see why they wouldn't, they obviously have already given their blessing to it. At that point then we would go through the actual formal approval process with the City, and I understand with the County, they do that on their own. They take (inaudible) at their own volition to go ahead and do their process on their side, as far as transferring it from the one to the other. So, as a result of that, I think what we're trying to accomplish -- what I'm trying to accomplish tonight with some feedback from the City of Meridian, one, would they consider accepting the 12 acres, which I would believe you would, but obviously that is your decision. I think what goes in with that is then the will- serve letter, which is the other critical item. If we can accomplish both, and then we would like to proceed with the formal approval process, whatever is needed to be done both in the City of Meridian, City of Boise, as well as Ada County. We have also talked to Ada County on a preliminary basis and they seemed to be receptive to this idea, in fact they felt it makes the most sense to put all this land into the City of Meridian. I have some eight and a half by eleven's, or eleven by seventeen's, if you want to take a look at those. It kind of shows the situation that we really felt that overall it would be in our best interest and probably the most simple thing to do was to put it all in one. Otherwise we're faced with duplication of sewer and water. We have certain restrictions with the City of Boise and we have other with the City of Meridian at the other times. So, I think the Mr. Moore feels that he would like to proceed with that. I have here, and I can give these to you -- this is also, shows you a concept plan that we have, and this line, right here, I believe essentially shows the area of impact area between Meridian City Council Meeting . February 20, 2001 Pg.7 . the City of Meridian and the City of Boise. Then it kind of comes up like that and you can see it on this map right here. So, that's why it makes it somewhat difficult in our planning and in our development. So we feel overall that if we are in the City of Meridian, we think it will be most conducive in proceeding forward with this project. I think the challenge so far is, that you have so many different entities, you've got to get them all to say, yes, we're in agreement with this, or no, we're not in agreement before we can proceed with a formal process. So, I think that's what we're looking for tonight. It's critical that both we get the will-serve letter in addition to the agreement on the annexation because without the will- serve letter it really doesn't do us any good right now. We can't move forward on the project. As Gary said, I think that we're making the assumption, that maybe optimistically, by the beginning of next year, and this is only my opinion, talking to J-U-B that there's a possibility that the sewer would be in there. This would allow us to start our approval process, start our stuff. We could almost construct the streets and the sewer in anticipation of where the height of the sewer will be in the street. We can't begin that process obviously, until we know we have will- serve letter, and we know where everything fits together. Incidentally, too, I appreciate on such notice, you putting us on the agenda. I appreciate Gary, here, helping us too, tonight. I know with everything else you've got on here, this just added to your load. Anderson: Jonathon, I did have a question. In the letter you wrote in the forth paragraph down, you actually talked about that the sewer should be available by the first of the year. Are you implying that in that will-serve that you would like us to commit to a year, or are you willing to live with, whenever we get the right-of- way approvals and when it gets there. Seel: Councilman Anderson, our feeling is that, that's just conjectural estimation on our part. I think I put that in more to try to give you a feel of where we think it's going to be, but we're not expecting a commitment here. We understand that there are a lot of things that goes -- we're prepared to take the risk and we understand that it is not a guarantee and we're not expecting that. Anderson: Thank you. Seel: But I think, in carrying on from that too, by the time we get through our approval process, we do the design and all the various stuff, we're probably looking at the better part of this year, just to get there. So, we think, that realistically, and again it just an estimation, that if it was to occur in the year 2002, that would dovetail fairly well with how we see our project moving forward. Again, we understand that it's just a guess at this point. De Weerd: Mr. Mayor, just a quick question for Gary. In the letter by their engineer, they believe that we can serve that additional twelve acres, is that correct? Meridian City Council Meeting. February 20, 2001 Pg.8 . Smith: That's by their engineer. I have not looked at that. They would have, I would assume they would have picked up the present invert of the trunk line, in Chamberlain Estates, extended that on to the public right-of-way Leslie Drive, I believe and Carol Subdivision and taken it north to Ustick and east to Eagle Road. That would establish an invert for the public sewer and then at that point they would have extended it on their proposal alignment into their development and made that determination, but I have not run the numbers to make sure that that is the case, no. Seel: Maybe if I could be allowed to add on to that. We had a topo done on the entire area, all 57 plus acres. We sat down with Chemical Engineers on this and got information from Meridian on the estimated level, so to speak, of the sewer on Ustick Road. Interestingly enough, the land in Boise actually sits slightly higher, than does the land further to the west, over there in the triangle-shaped area. Even if -- they felt even if the sewer was moved another foot or so, foot and a half, is would still be workable. Actually, we would be in even better shape than in Boise, than Boise alignment with that sewer then we would, with that portion there at the extreme northwest corner of the property. So, we did do the calculations and everything, so we're comfortable with that. De Weerd: Thank you. Anderson: Shari is our City limits, is it that subdivision off to the left of it right now. Stiles: Yes. Anderson: And then where are the boundaries on your property, Jonathon. Is it that road, that dirt road that cuts through there? Stiles: Is it this? Seel: Right there and then coming down and curving around that house. You can -- I can if you don't mind -- this will give you -- there's a house that sits there that you can see, it's a one acre and a house, and then our property comes up through here, and again this is the area of Meridian that, in fact, as I said this land, right here is actually lower than this land is up (inaudible) you can probably see the contour of it. Anderson: So, you're not contiguous to the City? Seel: No, and that's one of the things that I wanted to mention in the letter, if we could be annexed today, we would agree to it immediately. That's not a problem. That's not an issue with us, we just don't have the choice. If we could, we would gladly do it. That's why I want in put in there and hopefully, clearly, that at the Meridian City Council Meeting . February 20, 2001 Pg.9 . time it's there, we won't fight. If that a condition to it, then we're more than pleased to sign anything that says that. We'd do it today. It's just not there. Anderson: That, therein, lies the problem for us, because we have lots of developers that are willing to pay for the sewer extension and if they could get their projects built. We have a real problem leap-fragging outside of our current City boundaries, if its not continuous. I know that sewer and water are an expensive price of the development, but we also have all of the other things that go along with providing City services that have to be extended there. So it creates a real dilemma for us and I guess, in the three years that I've been on the Council, I don't know of places where we actually extended the sewer outside the City, unless they were contiguous and were able to annex at that particular time. Seel: Well, I think, and again, some of this is just conjecture, looking out in that kind of crystal ball, but I think with what's going on there, in terms of development in this area, I think it's reasonable to assume that over the next year, or so, maybe a year and a half, that this land...there will be land that will be contiguous to this, that will be annexed to the City. Shari or Gary may have a different opinion, and certainly you can ask them, but I think with the amount of development going out on Eagle I think it just -- I think it's very reasonable. I think if this was way out there where it wasn't, then I think it would be more difficult for us to make the argument, but I think here it is. Again, at the same time, it allows us to start to develop a project that we think over a long term will be a real benefit to the City of Meridian. Anderson: I can't disagree with you. I would just feel a lot better if we had that commitment -- Seel: Oh, I understand. I wish I could -- Nichols: Mr. Seel, I take it from your last series of comments you would, in exchange for a will-serve letter or an agreement to extend services, you'd be willing to abide by the City's land Use Ordinance, Subdivision Ordinances, landscape Ordinance, Sign Ordinance and those sorts of things - Seel: Yes. Nichols: - that would be in place at any time an application would be put through. That you would also agree that you would have your application -- currently the way the Blahah case comes down. It goes through Ada County but we would, at least my recommendation to the Council would be, if they are inclined to grant this will-serve letter, that a condition to that would be that you also submit your application through the City's process, so the City has input into how that development looks. Meridian City Council Meeting. February 20, 2001 Pg.10 . Seel: No, I have no problem with that, Mr. Nichols. We met, actually, with Ada County, a Patricia Nielson. We discussed that. Their recommendation or their suggestion was we would go ahead and probably do a Development Agreement with Ada County, which is the way we'd have to go. The City of Meridian would be involved with that and then they had conversations with Shari Stiles after that. So, we understand. We don't want to hand you a package that you're saying is in -- conflicts with what your ordinances or desire for the City. We are willing to work through that so that at the time the annexation comes, it's a very smooth, almost seamless, transition. Corrie: As you probably can tell, I'm a little bit concerned because all of the permits are going through Ada County. That's probably 30 or plus thousand dollars that the City isn't going to get. Shari, how far is it from our City limits? Bird: Quarter of a mile. Corrie: Quarter of a mile. Bird: Maybe a half. Stiles: Are you talking here? Corrie: Right down the road, yes. Stiles: It isn't an easy annexation route, but there are options available, I am sure. This, right here, is about 100 acres owned by Mr. Tom Davis. This is a Class A or Grade A, I'm not sure what you call it, dairy and they are not interested, currently, in being annexed into the City of Meridian. South of this, let met see if I can - Bird: Pull up the south. It's closer to the south, isn't it Shari, and the school? Stiles: - would be where John Barnes is doing his current development. Currently this is where the new Elementary School off Eagle Road is. John Barnes has annexed this property. Sorry I can't get both of the -- I can't -- I haven't figured out to get both of them in the same frame. This would be where they're building office buildings. This is the Leslie Drive, Carol Subdivision, where the sewer must come through to serve this development. Also, on this corner there is considerable amount of property that is being proposed, or at least is being considered pretty seriously for development at this time. On the north side, on this corner, there's approximately 40 acres owned by the Cavens. That is the absolute edge of our impact area. Obviously, if they are going to Boise City to get an adjustment, that's where we butt up with Boise City there. So, I'm not sure if I've got the other -- this would be the southeast corner there that is also poised for development. Summer's Funeral Home -- which one is that? This one? One of these -- this is where the Summer's Funeral Home went Meridian City Council Meeting . February 20, 2001 Pg.11 . in and where we extended our lines to serve that facility. So it really is at the end of the line. There's going to be the issue of trying to find an annexation route in the near future, if we don't have some assistance from all of the parties involved. I guess my preference would always be that the property is developed in the City of Meridian so we can get the building permit fees. We get the property tax fees. And we are able to control the development to the extent we want to, because we still will be spending the time, staff-wise, to review and approve this entire development. Corrie: What do you think is a possible time on that, just east of Fairview there? Because you're going to catch the corner down here and a corner over there. Stiles: Down here, yes. All of this is undeveloped. All of this will be served by the South Slough as well as the 160, or is it 80- Corrie: Okay. Stiles: - BO acres on the west side of Eagle, yet to be developed. So that line will definitely open all of that area for development, or contribute to the acceleration of that development. Like I say if Staff had any preference, it would be that it was inside the City, prior to any extension of services. Corrie: Okay. Anderson: I don't suppose that a letter with intent to serve upon becoming contiguous would do any good? Seel: No, because then we could get annexed and that doesn't - Anderson: And then at that point-- Seel: - Yes, and that's where our hands are tied right now, as far as moving forward on development with that, as I mentioned in the letter. I'm not trying to be facetious or anything, but simply use it as farmland. Our only other option then, is go back to the City of Boise and take that twelve acres and make that our first phase because sewer and water is available there. That's obviously not our preference. If it was, I wouldn't be here tonight. That would be our only other option, then we'd have to sit and wait. We just feel at this point, as the process is going, that we'd like to get on that train. We think that will all end up at the same point, just about the same time, give or take some. I don't have any answers for her, as far as forfeiting the fees on the permits and stuff. I, unfortunately, don't have any control over that, but what we're trying to do is, start the process of creating, I think what's going to be a very nice commercial project in the City of Meridian, that I think everyone would be proud of and long term, will be part of the City of Meridian. Meridian City Councii Meeting . February 20, 2001 Pg.12 . Bird: And will be paying taxes. Mr. Mayor, I believe that the Council, that we don't need - I don't think we ought to turn down the 12.23 acres that Boise's offering us. Better mark it down, because it's the first. I believe that this would be a development that would be a great asset to our City when it is out there. Even to our impact area. As Jonathan said, Eagle Road is getting -- is growing and growing and growing and I don't see any reason that we're not going to be contiguous out there myself. Corrie: Certainly would like to see the letter from Boise. Seel: I can get the letter from you. I also have a copy of the letter that I sent to the Council itself. If you need a copy of that, I have that tonight. I can give you that to you, but certainly I can request that. As I say, I talked to Wayne Gibbs last week. Bird: Mr. Mayor, I believe the Commissioners have already been notified of Boise's willingness to do that. I've had a conversation with one Commissioner. Corrie: Okay. Any others? Anderson: Mr. Mayor, I'll give you my two cents worth. I'm not sure it does any good here. I agree with Jonathan. I believe that it's just going to be a matter of a short period of time before those projects in-fill and that project -- particular piece of property is contiguous, as well as those other pieces of property that are going to develop. I think what you're asking us to do, though, Jonathon, creates a lot of other problems for us as City. If we do it in one case, it just opens the floodgates for a whole bunch of other folks to come and ask for the same thing. We've been very diligent about trying to stick to our guns about not leap frogging and not going outside of our City limits now, unless the property is contiguous. I would love to see the twelve acres. I'd love to see the project developed to Meridian's standards, and all of that. Alii could ask is that, could you please be patient and wait until something filled in or take another approach to try to make that contiguous. At this point I couldn't support what you want us to do, the letter of intent, without it being contiguous. I just don't think that would be responsible for me. Seel: Unfortunately, (inaudible) Anderson: Yes, those two don't go together, I understand. Seel: I think he's anxious to get started on this one way or the other here, so, again you have to make your decisions, what you feel is right -- Bird: Mr. Mayor, we've already, in that area, set a precedent when we sent the water line down a mile and a half from our City limits. This South Slough plan has been one of the - No.1 priorities. Like Ron, I don't like the leap-frogging on Meridien City Council Meeting . February 20,2001 Pg.13 . the deal, but I think this is something -- and I firmly believe that we will probably have an annex before it's completed. I don't think this is a project that's going to go up overnight. The people do have to get started and plan it. I'll get my one- cent worth. Anderson: I guess the only comment I have to add to that, is on the section where we did have to extend the water line, I think Ada County kind of forced our hand. They approved a project down there that didn't have a water supply. So we were forced, in a sense, that we had to provide the water to have flow for fire protection and things like that. I don't see that we broke our promise or broke our line of thinking other than where we were forced. Seel: Councilman Anderson, if you don't mind, just one other thought just to put in there. I think if the sewer and water was there right now and we were coming to you and saying we want a will-serve letter now, I think that might have been a little bit different. I think what we're really talking about is in reality is that at best, you're probably looking at a year for the sewer, so we're not going to get the immediate benefit even if you were to hand us a will-serve letter tonight. I mean, this is down the road. It just allows us to get the process going at our end and at the time it comes in to be able to dovetail it. So, I don't if that's worth anything, but I think that's an important thing. We're not trying to tie into a sewer today. Again, that's the thing, if we could we would annex tomorrow. If the City could provide us with a path or knows a way we certainly would work with the City on that one too. De Weerd: Mr. Mayor, can you develop property without having sewer and water in the County? Seel: If we have a will-serve letter, then we can start the process. That's what we're trying to accomplish here. Until we tie into the sewer, actually physically tie into the sewer, no. We could have nice roads out there and everything else, but we can't do anything. But again, our thinking is that this process is a couple of trains or cars, whatever it is, going down the road and we're just going to be one of them and hopefully both get to the same point roughly at the same time. It's going to take a lot of time just going through the approval process, get everything there, construct the roads and we're certainly looking at some time next year for that. So, this is a long-term horizon, but not so long that we don't want to get started now on the process. So, I don't know if that answers your question or not. De Weerd: Well, to a certain extent it does. I also agree with Staff and you know they are going to be doing the work on this and Ada County will be collecting the fees on it. So, it's not really supporting itself on the City side of things. Seel: Possibly short-term, but I guess I'm looking at it more long-term. I think long-term it is, and again I can't speak to that, because I don't have any control Meridian City Council Meeüng . Februery 20, 2001 Pg.14 . over the payment of permit fees and some of the stuff. I realize that Staff is going to have additional work in this process. But I think long-term it gives you the opportunity to have a project in here. It gives us the opportunity to start going and talking to potential companies that may choose to go someplace else. Its tough to market something right now, because we don't have roads, we don't have anything, we can't do anything. So I think, maybe, short-term there is some definite drawbacks to this, I don't dispute that. But I think long-term, its fifteen months in this case, it will be a real benefit to the City. It's just a question. Its-- there's plusses and minuses on it. We're faced with somewhat of a dilemma. We're trying to accomplish something here that we think everybody will be a win- win situation in the long-term. De Weerd: Mr. Mayor, I think Shari has something. Stiles: Mr. Mayor and members of Council, maybe I don't understand what this request is. Is this just a request so you can begin the Comprehensive Plan amendment process with Boise City and Ada County? Seel: Yes. Stiles: And also the City of Meridian, because what our Comprehensive Plan shows in that area right now is single-family residential and I believe Boise City shows it as single-family residential. So, prior to any kind of approval process taking place, wouldn't you have to make sure that those Comprehensive Plans are amended? Seel: No. My understanding in talking to the Ada County Shari, and I know that she met with you afterwards - Stiles: Yes, that is right. Seel: - was that the Comprehensive Plan, as it stands right now, conforms to this because there are no specific geographical boundaries within the Comprehensive Plan. So we are allowed under that - Stiles: Or that Ada County did not recognize those geographical boundaries. I haven't seen anything in writing from Ada County, you know, I kind of would like to know what the process is from here, on what you have to go through, because what I know of the Land Use Planning Act is that you require both the boundary amendment and a Comprehensive Plan amendment on both sides. Is that --? Seel: Well, my understanding is that we would go formally to the City of Boise. We would get a re-zone amendment as they call it, which sounds kind of strange, and then there would be a modification to the impact area. The Ada County would go ahead and start the process on their own. Then I guess we would also have to go through the approval process with you. I think right now, what we're Meridian City Council Meeting . February 20, 2001 Pg.15 . trying to do, is get the parties together here to say, yes this makes sense. Let's proceed. It doesn't make any sense if the City of Meridian for example tonight says, absolutely not, we're not going to do this, we're not interested in it. Then there's no sense in moving forward. If there is, then we can start the process moving forward, as far as the approval process. In talking to Ada County, and I know she met with you afterwards, but her interpretation of it was that the Comprehensive Plan did not have geographical boundaries so it allowed commercial within that area. The new Comprehensive Plan, as they interpret it, does have specific geographical boundaries. Stiles: What new Comprehensive Plan? Seel: The one you're proposing right now. Stiles: No, it has -- what we have now has more geographical boundaries than what's being proposed. But- Seel: Yes, she --okay. Corrie: Well, before we -- let me cut this off - Stiles: May I ask one more question? Corrie: Okay. Stiles: This is in -- this has been annexed. This was part of Boise City's great big annexation area, is that correct? Seel: Yes and it is logged for- Stiles: And it is annexed -- it is a part of the City- Seel: It is logged for office - Stiles: - Boise. Seel: It is logged for office right now. Stiles: It is zoned for office? Seel: Yes, it is. It will be allowed under the Comprehensive Plan to go ahead - Stiles: Because of the compatibility matrix? Seel: I'm sorry. I thought you were talking about Meridian. My apologies. Meridian City Council MeeUng . February 20, 2001 Pg.16 . Stiles: Well, I mean - Seel: In the City of Boise we can construct offices starting tomorrow, if everything was there. Stiles: So, you could construct office right now in the Boise City for that twelve plus- Seel: Yes. Stiles: - acres - Seel: Yes, we could. Stiles: - or they are willing to de-annex that property - Seel: Pass it over to you. Stiles: - let the City of Meridian adjust - Seel: Yes. Stiles: - it's impact area boundary and let us annex that. Seel: Yes, but that's what I'm trying to drive to, because if you say, we'll take the land, but you're don't give the will-serve letter, then we've got this twelve acres of land that we can't use for sewer. Right now we have the ability for sewer and water. So one leads to another. I'm really looking for feedback here. Does this make sense? Does this not? I'm not, at least in my mind, looking for some formal approval, signed in blood that says tonight. Its just we need that guidance on whether it makes sense or not. Stiles: Well, it makes great sense, as far as I'm concemed, as far as having that developed as part of the City of Meridian, however I think Gary may need some additional time to see, is it sewerable can we serve it? I mean, if you want a will- serve letter- Seel: Yes, I'm glad to sit down with Gary and we can get Roger Smith and we can go through the calculations and everything. I mean, he would be here. Corrie: Okay, let me stop this here. Or we're going to be here all night. Will you give us at least 30 days to work some of this out? I need to do some talking myself too. If he will hold for 30 days, I think we can come up with a pretty solution for everybody here, and we need some questions answered. I think you do, definitely. And if we can have about thirty days, we might be able to work this whole thing out to the satisfaction of everybody here. Meridian City Council Meeting . February 20, 2001 Pg.17 . Seel: Okay. Corrie: So, if we could do that -- Seel: Sure, and in the interim, what I will do is I will get you the letter from the City of Boise, something whether it is Wayne Gibbs or what have you on that. Get you documentation. I'll talk to Wayne tomorrow, let him know where it is and we'll, you know, maybe at this point, we'll tread water. We're, like I say, we're just looking for that. Again, I appreciate the time tonight on short notice. Corrie: I think it will work out a lot better for all of us. Seel: No that is fine. Thank you very much. Bird: Thank you, Jon. Corrie: Gary, No.2. 2. Change Orders No.5 and 6 for the Wastewater Treatment Plant Digester and Clarifier Facilities: Smith: The second item is a presentation of Change Orders No.5 and 6 for the Wastewater Treatment Plant Digester and Clarifier Facilities. Dennis Suihkonen, from Keller Engineers is here this evening. Dennis will present those two change orders to you with a brief explanation on each one. Keller and Associates is the design engineer for the project. Suihkonen: Council and Mayor we are getting very close to completion of the Digester and Clarifier Project. I put together a little summary of the bid cost when we started and the change orders processed to date. The Change Order No. which is up for recommendation for approval this evening, in the amount of $37,309. I think includes about 20 different items and changes and revisions at the plant. Like I say, we're at about 97.5 percent, so we're getting very close to completion. I don't know if you have before you all the various sundry items. There were -- like I say, about 20 of those. If there is any questions on any of those, I'd be glad to answer those. The total change order amount will be $BB,579. On the original bid contract of $3,114,996, which is approximately about 2.8 percent of the project cost. I think the cost in the change order we received from the contractor mQstly are time and materials costs. We have verified all of those, feel they area reasonable, and would recommend approval of that Change Order No.5. The second Change Order No.6, before you, is a no-cost change order. Basically it is a time extension Change Order. And that - *.* End of Side One ... Meridian City Cauncii Meeting . February 20, 2001 Pg.18 . Suihkonen: - a Change Order for 45 days and increase of the contractors time. At the time we were costing some of these individual change orders there was some data that was missing or clarifications that needed to be made on a number of these change order items, as far as the time that it took. We have since gone back and evaluated all of the change orders and felt that these amount of days for these various items were -- should be allowable to the contractor. It was equivalent to 45 calendar days and that is recommendation for that time increase. And there would be no cost associated with that. If there is any particular question on either one of those change orders I'd be glad to try and answer those. Anderson: Mr. Mayor, I had one on the road back fill on the digester. How did that overflow occur? What caused that to occur that washed out the road? Suihkonen: Just to briefly let you know what happened there, the process that we're putting in at the City of Meridian plant is called a temperature-phased digestion process. And on start up on this process, there is a considerable amount of foaming that has occurred and is starting to regress now, but on start up, because you are feeding the process a fair amount of sludge in the beginning. So we had some foaming occur and basically the foaming overflowed the top. We fed it a little too fast. Over topped the sides and went down into the area they were getting ready to prepare the back fill and pave the road. So, as that was no fault of the contractor and actually, I can't say it's a fault of anybody, since it's a new process we're starting up and there's a lot of variables involved. Anyway, that's what happened. Corrie: Any other questions? Bird: I have none. Corrie: Okay Council you have before you the Change Order No.5 and 6 for the Wastewater Treatment Plant, the digester and clarifier facilities. Bird: Mr. Mayor I move that we approve Change Order No.5 and No.6. No.5 with the Turnkey Construction. No.5, as an increase of $37,318.98 and includes a time extension of 19 days. Change Order No.6, is a no-cost condition, just a time extension of 45 days to the contract time and conditioned upon Turnkey accepting terms of the separate project closeout agreement. To not pursue extended overhead claim against the City. That's Change Order 6. Anderson: I'll second it. Corrie: Okay, motion has been made and seconded to approve the $37,318.98 to Turnkey on Change Order No.5, and on Change Order No.6, the additional 45 days to the contract in pursuant to the motion of acceptance by Turnkey. Any further discussion? All those in favor of the motion say aye. Meridian City Council Meeting. February 20, 2001 ~ Pg.19 . MOTION CARRIED: ALL AYES c. City Attorney's Department - Bill Nichols: 1. Update on Judicial Review Process for Police Building Nichols: Mr. Mayor and members of Council, I wanted to inform the Council that last Thursday we filed the petition for Judicial Confirmation on the financing for the new police building. The hearing on that petition has been set for 4:00 p.m. on Thursday April 5th at the Ada County Courthouse. Corrie: Okay, thank you Bill. Any questions from the Council? Bird: I have none. Item 5. (Items moved from Consent Agenda) Corrie: Item No.5, is an item removed from the Consent agenda. We've taken care of that. Item 6. Tabled from February 6, 2001: Ordinance No. 01-909 Corrie: Item No.6 is tabled from the February 6, 2001. This is an Ordinance No. 01-901. Any questions on the Ordinance from the Council? Nichols: Thank Mr. Mayor and members of Council, Ordinance No. 01-909, and Ordinance of the City of Meridian repealing Chapter 14 of Title 11, Meridian City code and enacting a new Chapter 14 of Title 11 to be known as signs and to include new sections to be known as the Intent and Purpose, Definitions, Procedures, General Provisions, and Requirements, Prohibitive Signs, Signs for Which a Permit is Not Required, Classification and Status of Existing Signs, Regulation of Sign Types, Signs Permitted by Zoning districts, Administration, Appeals, Enforcement and Liability, Conflict, Serviceability, and Validity, and to Provide an Effective Date. Corrie: Council, any other questions on the Ordinance number 01-901. Bird: I have none. Corrie: With that being the case and it being tabled, I will and if you have no further questions, entertain a motion on the Ordinance No. 01-909. De Weerd: Mr. Mayor, I move that we approved Ordinance No. 01-909, the Sign Ordinance, for the Mayor to sign and the Clerk to attest with suspension of rules. Meridian City Council Meeting. February 20, 2001 .~ Pg.20 . Corrie: Do I hear a second? McCandless: Second. Corrie: Okay, Motion made and seconded to approve Ordinance No. 01-909 with suspension of rules. Any further discussion? We'll have a roll call vote, Mr. Berg. Berg: Thank you Mr. Mayor, members of the Council a roll call vote. Roll call: De Weerd, aye; Anderson, aye; McCandless, aye; Bird, aye. MOTION CARRIED: ALL AYES Item 7. Continued Public Hearing from December 19, 2000: RZ-00-005 Request for Rezone of 10.04 acres from R-B to CoN for proposed Linder Crossing by Hawkins Companies and Stubblefield Development - southeast corner of Cherry Lane and Linder Road Corrie: Item No.7 is a continuation of a Public Hearing of December 19, 2000, RZ 00-005 Request for Rezone of 10.04 acres from R-B to CoN for proposed Linder Crossing by Hawkins Companies and Stubblefield Development - southeast corner of Cherry Lane and Linder Road. At this time, I will continue the Public Hearing and with the caveat here that Item No. B is being taken off Public Hearing for the Conditional Use Permit at this point. Hawkins and Company and Stubblefield Development have separated company. Hawkins is no longer on this. Now, what we'll do on this Public Hearing, we will have the Staff reports, what's happened previously. Then we will have the developer, Mr. Stubblefield, give his talk. Then we will open it to public continued testimony. We will do the first of those who are testifying in favor of the request for re-zone, and then we will have those who are opposed on the re-zone, and then anybody who is neutral. We'll have them last. Then after that Public Hearing is done, we will have Mr. Stubblefield answer any questions and then it will be closed. You will have one chance for it, one chance against it and neutral and then Mr. Stubblefield will have his. There will not be any back and forth after that point. So, at this point, I will continue the Public Hearing and have Staffs comments first. Stiles: Thank you. Mr. Mayor and members of Council, this is for the property located at the southeast corner of Linder and Cherry Lane. It is this property shown here. This is the Meridian Middle School. This is Northgate Subdivision to the south. Across the street is the Maverick and the car wash and some strip retail down there. Kiddy-corner from this development is where the former Smith's store was supposed to come. They have requested withdrawal of the Conditional Use Permit, which was, I believe the primary reason the recommendation for denial on this project to the CoN. The property is currently Meridian City Council Meeting . February 20,2001 Pg.21 . zones Neighborhood/Commercial from this point west. This entire corner is already zoned Neighborhood/Commercial. There are several permitted uses for that location right now, including a convenient store. What they requested in the re-zone, which for the remainder of this property, which is currently shown as R- 8. And they had requested a zoning designation of CoN and had proposed some fuel kiosks and some fuel dispensers. A very large building approximately in this area, I guess I won't get into that too much. They had also left this area as not developed or had shown no plan for that area. The property does have two existing stub streets that come in from the adjacent residential property, that was also a retail proposed (inaudible). The Planning and Zoning Commission did recommend denial of that application. They didn't feel the use was appropriate. They felt that, perhaps the building that was proposed was too large for the area and they were also concerned about the area shown as not being developed. And felt that more neighborhood commercial development would be more compatible with the are. So, the Conditional Use Permit has been withdrawn. This is a request for the re-zone only. A little history on this particular piece of property, when this Northgate Subdivision was done in 1972, the Stubblefields, who had ownership at that time had also come in with a request for development on this property for a mobile home park. The Council at that time didn't think that was a great idea, I guess, and that they might entertain the idea in the future of having a mobile home park, but then immediately thereafter placed a moratorium on approving mobile home parks. So, that's a little bit of history of why this has remained vacant for so long. And I do believe Mr. Stubblefield and his company has the interest of the City of Meridian, eventually in getting this property approved. They currently have no plan, so that's why it difficult to make any recommendation on the re-one of any of it until there is potential for some kind of plan for that area. Corrie: Council have any questions of Staff. Stubblefield. Staff, is that it? Okay, Mr. Stubblefield: Mr. Mayor and members of Council, as it has been clearly stated, we've withdrawn our request for a Conditional Use Permit. Simply put, we've got about six months invested in going through a zone change. It is my understanding, that as the city studies its new Comprehensive Plan, they have indicated that they would like for this area to be commercial. Simply as I can state it, we've got six months invested in a zone change. If, in fact we were going to go ahead with some commercial development, we thought we would try and just save that in this part of the process and go ahead and have it zoned commercial. We do not have any user at this time. We thought we did, but t5hat fell apart. So, just in keeping with the upcoming Comprehensive Plan and if this should be developed commercial, that was just one part of the process we thought we should go ahead with as long as we've gone this far with it. That's it, simply. Corrie: Any questions, Council? Meridian City Council MeeUng. February 20, 2001 Pg.22 . Nichols: Mr. Mayor, I have one. He needs to put his name on the record here. Stubblefield: John Stubblefield, 641 Franklin, Meridian, Idaho. Corrie: Thank you John. Thank you Bill. Okay, is there anyone here who would like to issue testimony in favor of the request for re-zone from R-B to CoN? Okay, yes, ma'am. Gathagan: I have a letter from my neighbor. Corrie: Okay. Is this in favor? Gathagan: Well, it would basically be in favor, yes. Corrie: Then once you read it, we'll put it (inaudible) Gathagan: Okay, to the Meridian City Council -- Corrie: Give the name -- Gathagan: My name? Corrie: No, no -- well, give your name and then the name of the one that writing the letter. Gathagan: My name is Michelle Gathagan and the letters from Mark W. Stuart. I live at 1537 West 15th. I am one house removed from the post development of Cherry and Linder. I am not opposed to development, as I make my living on such things. I also knew when I purchased my home that someday the property would be built on. I have reviewed the proposed development and have attended previous P and Z hearings, which I am not in favor for the project. I reject the project for a couple of reasons.. .and I guess I should try leaving some - - I do not feel that a 24-hour retail store is compatible for the neighborhood. It would adverse the effects and the value and the enjoyment of the homes around it. I also do not see the wisdom of putting a retail center in the corner. The traffic issues as well as the aggress/regress patterns is not fluid and even though Linder is stated to be widened, the patterns will not improve. I feel that light office space projects is probably more compatible and would meet with fair less resistance; I am unable to attend the meeting tonight, but I am providing the letter as my support to my fellow neighbors, who I am sure, will be in great numbers to voice their opinion opposing the proposed project. Sincerely, Mark W. Stuart, 153B W. 15!h Street, Meridian, Idaho 83642. Corrie: Okay, if you will just give that to the clerk and it will part of the record. Thank you. Okay, since there was no one that stepped forward for it, how many Meridian City Council Meeting . February 20, 2001 Pg.23 . are going to be testifying against? Okay, we'll just have you come up one at a time. We'll start over here and try to keep it within three minutes, if you can, and we'll go from there. Whichever one wants to be first. Gathagan: My name is Michelle Gathagan and I live at 1538 W. 15th. First of all, not knowing -- I just found out about 3:00 p.m. today that the 58,000 square foot store was abolished from the whole thing and so was the Hawkins Project. I still want to bring up the fact, first of all, have everybody stand up behind me who is here for the purpose of the whole Linder Crossing in general. Could they -- I asked them all to stand up just to show you guys how many people are her to support us. Corrie: Okay. Gathagan: Thank you, I wanted to -- when I did my notes I kind of did it "- it was going to be for the superstore. One thing I wanted to let everybody know was that, relevant to the -- the goals and policies that were relevant to the application that are from the 1993 Comprehensive Plan that determine what to do, and whether to approve development, there was some economic development in Section 12 set aside areas for commercial interest where activities are to dominate. This section of Meridian is already dominated with Middle School and Library. On one-six (inaudible) shopping facilities where effective (inaudible) into new and existing areas and plan for shopping centers to growth and develop out as warrant. We already have an Albertson's on Ten Mile and Cherry Lane but the store's gone so that's alright. The land use of 48-U encourages commercial use to locate in old town district business parks and shopping centers near high intense active areas such as freeway interchange. I don't know, does anything from the Staff report still reflect to this as of the conditions of where to put roads and where to make roads for going out like on to Linder and stuff? Or is all that abolished now too? All that's gone? Okay. Corrie: (Inaudible) this is just request for re-zone. Gathagan: Okay, one thing we found out and this is all re-zone. We'd like to know does the developer being Stubblefield development have up against P and Z zoning to say this is what we want to do? Or can they just go ahead and slap on a couple of offices without letting the neighborhood know? De Weerd: No, they would still have to come -- Nichols: Mr. Mayor and members of Council, if Shari would note the question, then before the developer has his rebuttal Shari can give a list of what are permitted uses in the CoN zone. Gathagan: So they can't just come in -- there are certain buildings that they can put in a CoN zone not just anything like a 58,000 square foot 24 hour superstore. Meridian City Councii Meeting. February 20, 2001 Pg.24 . Corrie: It's a Conditional Use Permit. That's not part of it, but we'll have her give you what it is at that point. Gathagan: And at the time that the developer does submit another request for development of the property, will they have to once again, let all us neighbors know what's going on, by way of a formal letter. Corrie: Again that depends on what is approved in CoN. They'll be certain things that are already approved in zoning CoN. And that's what she'll tell everybody what that is. Large department stores, service stations and things like that, probably not. It takes a Conditional Use Permit to do those things. Gathagan: Okay. In the Planning and Zoning we, as residents, stated that we would not want a white vinyl fence, but like the six-foot masonry wall. Would that still be in statute now, and the little things that we had suggested as well? Corrie: It all depends on what he wants -- what they want to put back there. He would come before you on a lot of things, but again I can't be specific until we know what exactly CoN does. Then you can come back to the Planning and Zoning and say, okay, we want to put this in as offices, doctor offices, or what have you. Then they can talk about the buffering and things of that nature. But there are certain things, if it is zoned CoN then you can put in there, without going through approval of Planning and Zoning. Anything else requires a Public Hearing. Bird: Mr. Mayor, we're getting off of the zoning subject. I think that we make sure that these people are testifying on zoning. We don't need to hear the CUP's or what they're going to put in it or not. All they're requesting right now is going from an R-B to a CoN zone. Anderson: Mr. Mayor, I understand that we're getting off the track. I think the average citizen doesn't understand the process well enough. Somebody should take the time right now and explain what the action of the withdrawal of the CUP means and that it is just rezone, and then talk about what things that are permitted so that these people can get up here and testify knowledgeable about things that are happening. Corrie: Shari, why don't you tell us what CoN -- what can be put in a CoN zone. Then everybody here will know What it is, and then they can go from there. Stiles: Mr. Mayor and members of Council, the CoN zone would allow several things outright. I know as a condition of rezone in the past we have requested the Development Agreement that may require a Conditional Use Permit no matter what it is that goes on to the property. There is some concern as to what might go in there. Two of the permitted uses that are not very well defined or Meridian City Council Meeting. February 20, 2001 Pg.25 . regulated in the Zoning Ordinance, are a planned commercial development is permitted. Without a good definition of that and some standards it leaves it wide open. We do have a provision in our Ordinance that requires anytime that you have more than building, which certainly this site, I believe, would support more than one building, they would still be required to go through the planned development process for that. The CoN zone permits self-service Laundromats, libraries and museums. Like I said, planned commercial development, public service facilities are permitted with design review which could include up to and including a sub-station...power substation. Neighborhood shopping centers are also a permitted in that zone, which could be subject to a lot of interpretation. Those are the primary permitted uses in the CoN zone. Everything else would require a Conditional Use Permit. Again, like I say, it's a pretty open interpretation of those two items - planned commercial development and the neighborhood shopping centers, to just permit those outright. I did support the re-zone of this property. Not particularly the site plan that they had purposed or the uses that were purposed, but it does seem a good area to provide some true neighborhood commercial opportunities for shopping and retail. A place to go get your haircut or to get some milk, or even the Laundromat part. Without a plan it's real hard to support it. Either it needs to be recommended for denial and they come back, or a condition put on it that they enter into a Development Agreement and all uses would have to be done under the Conditional Use Process as a planned development. Corrie: So in other words, if it was approved to be a CoN, but they could put on the Development Agreement that everything they wanted to put in would come under a Conditional Use Permit - Stiles: So everyone in that area would be notified again. Corrie: - to know what's there. Stiles: It would accelerate the process in the future, because if they were in fact rezoned to the commercial zone, our current Ordinance would only require one Planning and Zoning Commission Public Hearing where they could voice their opinions. Then it would go directly to City Council without the second opportunity to testify. That's another thing that would happen with the rezone. De Weerd: Mr. Mayor, in the definition of Neighborhood/Commercial, do they have a square footage requirement or a maximum? Stiles: I'd have to look for the definition of Neighborhood/Commercial. In the Zoning Ordinance, it talks about a neighborhood convenience center, commercial convenience center. It is a shopping center having approximately 30,000 to 200,000 square feet of gross floor space. De Weerd: That's neighborhood? Meridian CIty Council Meeting. February 20, 2001 Pg.26 . Stiles: It's neighborhood convenience center. It's commercial neighborhood convenience center. Corrie: I think that is one of the things they were concerned about. I'm just guessing. Stiles: The definition goes on. It says, it would provide for the sale of convenience goods - food, drugs and sundries, and personal neighborhood services for the day-to-day living of the immediate neighborhood within which it is located. So, there's a contradiction there. 200,000 feet would serve a lot of neighborhood. De Weerd: Is that something that we're working on in our update? Stiles: It's on the list. Corrie: Okay, now that you've heard that, under the basis of that, we'll hear your, evidently objections, to the CoN. Anybody that has any objections now, for the rezoning, now -- Bershears: Teri Bershears 1423 Northgate. I've lived there for 17 years. When I bought my house, we knew that something would be developed there. I assumed it would be housing. I don't know if any of you have been -- when school's let out or when school is going in, if there is like retail there, those kids are going to get hit. That's a safety issue. When you're a teenage in middle school, they don't think will hurt them and will do whatever they want. They will walk in front of traffic. I've seen in at Maverick. They just do whatever they want. That's a safety issue with me. I don't see why they can't just build houses there, because it's across from the library. It's next to a middle school. You can walk to the middle school. You can walk to the high school. It's all really convenient there. I don't think you should go in, that's my opinion. If is does go in, I want us to be able to do that -- we decide yes or no type thing. Bird: Thank you. Corrie: Thank you, anyone else, now? Younger: My name is Patricia Younger. My address is 1080 West Clarinda in Meridian. I am here representing the Meridian Library District. We would like to ask at this time that it be put off until there is a definite plan. At that time we would definitely prefer that it be offices, or something like that, rather than a commercial thing. Again, it's the traffic that concerns us, thank you. Corrie: Thank you. Okay. Meridian City Council Meeting. February 20, 2001 Pg.27 . Shurte: My name is Jan Shurte and I live at 1522 West 15th Street. It kind of changed our whole plans here, and I would also like the whole thing put off until we can see what kind of plan they have for it. I think it would be better to do it together, and also in lieu of the fact that I just wanted to mention not only is it the lighting and the noise that goes into retail for the residential people, but also the high school kids walk down Linder which I assume there will probably be an entrance off of Linder. At the same time the middle school kids walk east, the high school kids walk west and they kind of meet, some go the library, and some are going home. There are a lot of things and these entrances would have to be onto Linder and onto Cherry for retail, and plus there may be some entrances, now I'm not sure with the new plan, coming in from the subdivision, which would drag the high school kids in through the subdivision. That's why I'm against the rezoning, but I'd also like to see the both at the same time, Thank you, Bird: Thank you, Corrie: Anyone else? Carrier: My name is Kim Carrier. I live at 1215 Elm Court. I'm opposed to it. I don't know about the openings to the streets, but if they do start rezoning it and open up the streets at West 13th there, like they were talking about doing, it will not only draw a lot of truck traffic through there, but there are also elementary kids that walk clear to Linder, that will be walking through there with a lot of traffic, and my main concern is the kids. They have to walk from Meridian Elementary, Meridian High, and Meridian Middle School. I just don't think that we need major construction of a super store or even zoned CoN. Bird: Thank you. Corrie: Anyone else? Okay, John do you have any rebuttal, anything you would like to tell these folks? I think there is fraise for that, but - Stubblefield: --no, I really don't have a lot to say. We certainly would be agreeable to, for this 10-acre portion, to putting a condition on it, that whatever development does go in there that we would subject ourselves to coming back through the CUP process. Our desire is not to try and skirt anything; we have no problem with the Public Hearings and getting the neighborhoods input in whatever we do build there, During the public testimony at the Planning Commission level, the Planning Commission was against the conditional use permit; they seemed to be in favor of the zoning. Like I said, I think Shari indicated that planning would support this type of zoning, so for us it is simply, we have gone this far in the process if it makes sense to go ahead and complete that part of the process, it just helps us with our planning and its one less thing to take care of during the next application. Certainly, we would have no problem with coming back for Public Hearing with whatever we would propose, at the time we have something to propose, thank you. Meridien City Council Meeting. February 20,2001 Pg.28 . Bird: Thank you, John. Corrie: Okay, Council questions? Anderson: Mr. Mayor? Corrie: Mr. Anderson. Anderson: I had one question of Shari, I know stub streets that go into the property, was there ever any allowances made for right-of-way if they don't continue on into whatever ever gets developed there? Is there going to be caldisacs created there, or is there not enough right-of-way, or are they just going to dead end right there where they are at? Stiles: I am not sure, since this was done so long ago. This one would not be as much of a problem with just the one lot debt. This one, however, would be a problem. We will have to look at the plat and see if was some kind of temporary turnaround easement there. It doesn't really look like it on the aerial. Bird: 13th, when they planned to go through with it. Cherie, wasn't the 13th the plan to go through? Wasn't that the original plan, the 13th was going to go through and hook onto 13th, on this 13th- Stiles: On the Conditional Use Permit, yes, they did propose that. Corrie: I can't hear you, why don't you come up here. We have to close the Public Hearing. If you have anything to give us then now is the time to do it before we close it. Gathagan: I have a copy of the staff report that brings 13th and 15th Street on what was proposed at the time when it was the developed and what was proposed with the planning now. Corrie: Okay, I think, all right we got it. Okay, any other questions? Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I have a question for Mr. Stubblefield. Why apply for zone change when you agree to CUP on everything you do? Why not just leave it, and go with the CUP as you bring your developments forward? Stubblefield: I'm not sure I understand the question - Meridian City Council Meeting. February 20, 2001 Pg.29 . Bird: Okay, you said with CoN you would agree to a Conditional Use Permit on everything. You can do that with the existing zoning right now and you can come in with a Conditional Use Permit. Stubblefield: That is correct. Bird: So, why -- De Weerd: So, why not do them both at the same time. When you have a plan why don't you come back for the annexation and zoning and it allows you a little bit more flexibility too. Stubblefield: That may be a great idea. I have looked at it as two processes. You have two applications, two pieces of paper work to fill out, granted you can in many cases they flow together. To tell you the truth, this is the first time in my life I find myself in this position. I don't have real strong opinions about it. I don't have strong feelings. Corrie: John that quarter it is already zoned for CSC. If you want to do something there, you can do that. What I think Keith was saying, is after you want to develop that you know what you want to do, then you can come in and do it all at one time under a planned unit development and go for there. The neighbors could say, what is going in there and they would have a little better idea of what it is rather than taking it. I think it is going to be okay, but I don't know for sure, puts them in a pretty good bind. If you are going to do a CUP for everything as you come in, it just makes it harder for you. If you wanted to come in there for half of that, then you have to do that half, then you have to do something else, and they have all these Public Hearings. If you come with a PUD, or you have it all planned out how you want to do it, or maybe you want to put a house on it, I don't know. Stubblefield: Let me suggest this then. On that basis, I don't disagree with that, and maybe the appropriate thing would be to ask for a postponement of this or a continuance with the idea of meeting with Shari and withdrawing this whole process. Corrie: I was looking at it as helping the process. The City has a lot of time and energy invested in this. We do, so it was not controversial and the Comprehensive Plan was headed in the direction of this being commercial. Anyway, I was just looking at it as helping to preserve some more, but if it is going to complicate, it is not that big of a deal to me. Bird: You have agreed to a CUP, regardless of which zone you are in, so it does not matter. I mean, anything that comes before it is going to get a Conditional Use Permit. Meridian City Council Meeting . Februæy 20, 2001 Pg.30 . Corrie: Shari, if he has to come back, if he has to do this over there would be another charge for the whole thing, right? Stiles: Sure, there would be. Corrie: If you table this, how long can you table something? Do we have a turning that he could think about it? I know you are not the fifth member of the Council, but you have to help us here. Stubblefield: Thank you, Mr. Mayor. Corrie: Planning and Zoning Commission has to pass on it's on its recommendations within 45 days of making them to the Council for the hearing, and you have done that. You have had your hearing tonight, and the hearing is still going. You could close the hearing and simply not make a decision on the rezone tonight. If in the meantime, Mr. Stubblefield, you schedule this for March 6th and Mr.Stubblefield decides to withdraw his application that can be communicated to staff, staff can bring it up and we can take care of it that way. We can simply treat it that way, and we and take care of it next month. Is that okay, John? Okay. Council are you ready to close the Public Hearing? Bird: So moved, Mayor. McCandless: Second. Corrie: Motion made to second the close of Public Hearing, all in favor say Aye. MOTION CARRIED: ALL AYES Corrie: I will entertain a motion to continue until March 6th. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we continue the request for rezone of 10.04 acres from RB to CoN for proposal under crossing by Stubblefield Development to southeast corner of Cherry Lane and Linder Road to March 6, 2001. McCandless: Second. Corrie: Okay, motion made and seconded to continue this until March 6, 2001 or the table date. Any further discussion? All in favor say Aye. MOTION CARRIED: ALL AYES Meridian City Council Meeting. February 20, 2001 Pg.31 . Corrie: We will admit you with the staff, John, and then we will go from there. Stubblefield: Alright. Corrie: Item 50-S. Bird: Would you explain to the public the action that we took, so that they understand what is going on? Corrie: Good, thank you. What we have done here is the developer of that CoN is going to go back and talk to our staff, he will make a decision that he may either want to stop the CoN zoning request. At that point, if he does that he will give us a letter, and we will stop it right there, or if he wants to come back and say, okay, I would like to do a planned unit development or something of that nature. He will have some plans of what he wants to do at that time. Right now he was trying to help himself and the City, trying to say okay we gave it a CoN, it looks like that's going to be in the new plan. He was just going to put it down then have everything come back to the public, and the public would say Yea or Naye and vote. So at this point, he is going back and talking to our staff to see which is the best thing that he wants to do. He will either say, let's don't proceed with it any further and then the council will just drop it at that point with the letter from him to do that. If he wants to pursue that under a public planned unit development then he work with it and show you what he is planing on doing with it at that point. So right now, it is in limbo, and am I doing this wrong? Stiles: You are confusing me. Corrie: I believe the action that the Council will be taking by tabling this matter until March 6th is if the application is not withdrawn for the rezone, then on March 6th the Council will take up whether to grant or deny the rezone. If the application for rezone is withdrawn it will notify the public at the March 6th meeting that it has been withdrawn. You should check the agenda to see if it has been withdrawn or not, but certainly at the March 6th meeting to which this item has been tabled there would have to action. If it has been withdrawn it would be acknowledged as having been withdrawn, so any future development of the 10 acre parcel would require a new application if rezone is necessary. That would typically be done in tandem with whatever ever other part of the process requires the Conditional Use Permit, plan development that would all be done concurrently. So, to clarify it will either be withdrawn or the Council will make a decision on the 6th. The public is welcome and free to be here, but there will be no additional testimony taken. We will let you know or we will do something for you, or call the City Clerks office. Item 8. Continued Public Hearing from December 19, 2000: CUP-OO. 048 Request for Conditional Use Permit to construct a 58,000 sJ. Retail commercial building, four fuel stations with a kiosk and Meridian City Council Meeting 8- Februery 20, 2001 Pg.32 . 10,500 s.f. Multi-tenant retail commercial building for the proposed Linder Crossing by Hawkins Companies and Stubblefield Development - southeast corner of Cherry Lane and Linder Road Corrie: Okay, Item B is a continued Public Hearing from December 19th. This is on -- *** End of Side Two *** Corrie: -- the Public Hearing, I guess I better continue with it then we can close it and then Council can make the decision, the motion to take it off the agenda. Bird: Mr. Mayor, can we open the Public Hearing? Corrie: I am continuing the Public Hearing and now I need to close it. Bird: I make a motion we close the Public Hearing for the CUP-OO048. Anderson: Second. Corrie: Motion made to second the close of Public Hearing on Item B. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: I entertain a motion to take the Item B off the agenda. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: At the request of the owner requesting to have the CUP permit for Linder Crossing by Hawkins Companies and Stubblefield Development removed from our agenda, I would move that we approve that. Anderson: Second. Corrie: Okay, a motion made and seconded to take Item 8 off the agenda. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: I will take a five-minute break and we will go into Item 9. Meridian City Council Meeting . February 20, 2001 Pg.33 . Item 9. Public Hearing: AZ 00-026 Request for annexation and zoning of 5.4 acres from Ada County RT zone to R-B for a proposed planned development for proposed Kodiak Development by Hubble Engineering - west of Meridian Road one-half mile south of Overland Road Corrie: Okay, I will reconvene the City Council meeting at B:20. Item 9 is a Public Hearing request for annexation and zoning of 5.4 acres from Ada County RT zone to R-B for proposed planned development proposed Kodiak development by Hubbell Engineering west of Meridian Road one half mile south of Overland Road. We will use the same format that we used on No.7, and we will have staff comments first. Stiles: Mr. Mayor and members of Council, the applicant has requested annexation and zoning to a zone of R-B for this 5.4 acre parcel. It is immediately south of the Elk Run Subdivision and this area would be the Bear Creek Subdivision that has been approved through the City Council. This area down here was recently approved for annexation for the Valley Shepherd Church of the Nazarene facility. The property is quite narrow. A portion of the property could be served by the Meridian trunk line, if it is extended to the property. The back half is not serviceable until the Black Cat Trunk is available. The applicant did submit several concepts of what might be proposed for the property, however, those are not considered as part of this annexation and zoning request. There is an existing, not an existing, but a sub street that has been approved through the Bear Creek subdivision. It is a local street, 50 feet wide, and it would it stub in at roughly this location here. We would request that any development, if the annexation is approved be conducted under the Planned Development Process as Conditional Use Permit. That is all I have. The sewer line is held up in this location due to fiber optic line that will need to be extended. Fiber optic line has been constructed in a location that basically intersects this sewer alignment. Corrie: Any other comments, Gary? Smith: Mr. Mayor and members of Council, Elk Run Subdivision is a subdivision immediately north of this project. One of the conditions of the Elk Run subdivider was to extend sewer to and through his boundary. He brought the sewer into the subdivision on Calderwood, which is the east-west street right there where the arrow is. Then he extended it south in that long culdesac down to that culdesac, and then is exits in a common lot to Meridian Road. At that point, the sewer was to turn and continue south to his boundary. After they exited the Elk Run Subdivision, they encountered the fiber optic line at approximately the same elevation as the sewer line. In a horizontal location it was not in accordance with the plans that had been provided to us by the State Highway Department. The fiber optic line is outside of the easement that was granted to the communication company, which is no surprise I guess to anybody. Secondly, the extension of the sewer line came to an abrupt halt when there was no solution as to how it Meridian City Council Meeting . February 20, 2001 Pg.34 . could be extended without getting into the prism of the roadway, the Meridian Road. The Highway Department, ITD, who has jurisdiction on that road was not interested in running that sewer line up onto the embankment of the roadway. So the developer continued the employ of his Engineer to explore for the location of the fiber optic farther to the south to see where it was horizontally and vertically, which they did. Those locations and elevations were determined in the field by pot holing and locations to the fiber optics, finding them and accurately locating them horizontally and vertically. With all that being said, there still is no solution as to how that sewer can be extended. All that information was provided to the Engineer that was representing the Nazarene Church who owns the property to the south of this parcel sometime ago. I do not know that any resolution has ever been made as to how that sewer can be extended, where it should be located, so that it is not in conflict with the fiber optics, obviously relocating the fiber optics is probably not a feasible project. That's a little history on the sewer. Thank you. Bird: Mr. Mayor. Corrie: Okay, Mr. Bird. Bird: Gary is the fiber optics in their easement? Smith: No. Bird: Okay, why can't they move it? Smith: The sewer has to be in their easement. I've got an easement down there. I understood Councilman Bird, that the Highway Department told them they were not in their easement, and that they were going to have to move it. I guess the communication people, whoever owned that, told them otherwise. So, that is where it is, there is a battle that hasn't been waged on that issue. Bird: I would think the City could take care of that. Smith: I don't know, perhaps. Corrie: A backhoe. Corrie: I mean fiber optics are easy to move the elevation on, because they do not have a standard grade, you dig a couple hundred feet of trench and you could move them up or down. I don't understand what is so difficult about moving fiber optics. Smith: Well, there is either 8 or 10 4-inch diameter ducts that are concrete incased. Meridlen City Council Meeting. February 20,2001 Pg.35 . Corrie: So, they ran it in concrete conduit? Smith: They ran it in PVC conduits that are clasped together with spacers so they are in a certain configuration. They transition from eight horizontal with two on top to ten vertical, so they are flat then they are vertical then they are flat. These banks are then encased in concrete to protect them from people digging through with backhoes, so they do not break them up. Corrie: So, it is a difficult situation with the installation that's there. Anderson: I guess I'm like Keith, if they put theirs in the wrong place, though, they ought to be responsible for moving it if they are not in their easement. Bird: We have got to get our sewer down there. Corrie: My question is where would we put our sewer otherwise? Smith: Well, that was something that the Engineer for the Nazarene Church was going to look at for them, and I don't know how much work was ever done by their Engineer. Corrie: Are there any more questions? Bird: Yes, I have one more, Gary, Mr. Mayor. Gary, they said that we are just stubbed out there at that common lot right down there by that cul-de-sac. We are just out to 50 or 69. Smith: It was brought out to Highway 69. There was a manhole built at that point. They dug a little farther and found that they were in conflict with the fiber optic. They then changed the alignment from the manhole so they could go either under or over the fiber optic, put another manhole on the east side of the fiber optic, and then start it down the road again with their excavation and ran into the fiber optic bank again. Bird: Don't we have some elevation sewering problems as we get down there a little south? Isn't round tippers in that area - Smith: Well, there is very limited service area on the west side of Meridian Road but there is depth enough in that sewer to get to service Meridian Heights Subdivision at Victory Road. There is a low spot were hardened drain comes through there. You can just barely see hardened drain down there as it is heading southeast, and it is a low spot, but the sewer does clear under it. Anderson: Mr. Mayor? Corrie: Mr. Anderson. Meridlen City Council Meeting. February 20,2001 Pg.36 . Anderson: Gary, I thought we had some capacity issues down there on the Nazarene Church. We were only going to be able to sewer part of that property and also that everything that is dumping from Elk Run and that is going into the wrong drainage right now. Or the wrong service line, and eventually it is going to have to be changed. Refresh my memory on what is happening down here. Smith: Okay, all of Elk Run is draining into Meridian road, which is where it was originally intended to drain. The boundary line for the drainage along the bottom portion of Elk Run is approximately 45 degrees right there starting from that point and going up. To the left, that is the Eight-mile lateral and that is a natural break in the drainage areas. Everything to the north and east of that Eight-mile lateral drains into Meridian Road to the south and west. Excuse me that's the Kennedy Lateral, to the south and west drains into the Black Cat Trunk. There is by elevation a certain amount of property to the west of Meridian Road that will drain into the sewer line in Meridian Road. It is not a very large area. Bird: It's just the front part of the Nazarene Church in this property that will drain into there. The other will drain back in towards Bear Creek and eventually hit the Black Cat Trunk sewer line, am I not right Gary? Smith: Yes, correct. As I understand it's an elevation problem, a ground line elevation problem, rather than a capacity issue in the sewer line. Anderson: So, this piece of property that we are talking about tonight was intended for Black Cat or the one in Meridian Road. Smith: Part of it was intended for Meridian Road, and part of it was going to Black Cat. Bird: The same as Nazarene was. Smith: And I cannot tell you Councilman Anderson, how much of that is going each direction, but it did have a split drainage area. Corrie: Any other questions? Bird: I have none. Corrie: Okay, thank you Gary. This is a Public Hearing we now invite anybody here to testify. Jewett: My name is Jim Jewett. 4002 Teeter in Meridian. Let me just touch on the sewer real quickly because it seemed to be a long topic. My proposal, when I first looked at this property and first talked to Public Works about solving that problem was Elk Run has a landscape easement. We are going to be required Meridian City Council Meeting . February 20, 2001 Pg.37 . to a landscape easement buffering the Highway there. Why can't we just go back one manhole and stay within the landscape easement, bypass fiber optics and just stay within that easement instead of staying in the right-of-way? That was the question I posed to the church, why can't we do that to get the sewer down to them? Let them have their little mistake and keep it, I guess. Anderson: Fiber optics. Jewett: We went and surveyed the sewer down there, it is 15 feet deep and if fact we can approximate it to where the whole class is sitting right now. Figuring out the grade and how deep the sewer is, and how the ground falls off. The reason that we are applying for an annexation and zoning of R-B was to have the multiple uses of the R-B, my application states we would stay to a density of R-4, staying in line with Bear Creek. The R-8 just gives us the versatility of patio homes, town homes, attached housing, so not knowing which way the City, you Councilmen, would want to go on this project being so skinny. We provided three concepts to the City through the process of ACHD and meeting with the City it was narrowed down to one concept to the city that I put forward. That they would support if an application did come in front of them. This concept is based on R-4 density, it is utilizing the back one-third, approximately that cannot be sewer now is utilizing it for open space to but a storage area for not only this little subdivision but for Bear Creek also combining with their Homeowners Association allowing that homeowners to use that public storage area. We had proposed a recreation area also in there with a tennis court that we are negotiating Bear Creek to use also. Planning and Zoning suggested other uses that might be more appropriate than a tennis court. We are here tonight to listen to ideas on that. That is not part of this application right now, but I was told we could discuss as far as giving me ideas on what would be acceptable to the City Council. I had conversations with the church and I was here and testified when the church got the annexation about the joint entrance. The ACHD was in favor of joined entrance, it sounds like the church is in favor. Again this concept shows a joint interest up in the south corner with the church. In the front along Meridian Road, again R-8 would give us a little bit more of versatility or uses, such as a daycare. We have had some interests of someone possibly wanting a daycare right along Meridian road, so that we were showing that on this concept as a non- residential lot. In R-B there are some limited uses, like the church itself is an R-8 zoning with the use of the church. So, what I am here tonight is asking for the approval of the annexation and the zoning of R-B, and hopefully we could get moving forward on a Development Agreement, so that the preliminary plat could move right in behind. I stand for any questions. Corrie: Questions, Council? Anderson: On the tennis court and all. that, that would common area that Homeowners Association would keep up? Meridian City Council Meeting. February 20, 2001 Pg.38 . Jewett: Yes. Anderson: And then you are proposing that that be R-V parking back at the very back? Jewett: That is correct. Anderson: And would that be paved or just gravel? Jewett: Our initial thought was gravel. Corrie: No further questions? Jewett: You cannot let me off that easy. Corrie: You are going to get to come back. Jewett: Oh. Corrie: Maybe, okay is there anyone here who would like to issue testimony in favor? Against? Okay, I guess you may not get to come back. Council any other questions for the record that we are on Public Hearing? Then hearing no other testimony, I will entertain a motion to close the Public Hearing. Bird: So moved. Corrie: Motion made and seconded to close the Public Hearing, a further discussion, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: Motion is passed. Council discussions? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I want to bring up one point, and I would like it clarified. He was talking about going down there landscape buffer for a sewer and Gary, I don't think we allow landscaping over sewers, do we? Smith: Councilman Bird, Mayor, and Council we do not allow landscaping of trees over the sewer easements. Grass, small shrubs that sort of thing we can deal with, but trees we cannot deal with. Bird: How about a buffer zone? Meridian City Council Meeting. February 20, 2001 Pg.39 . Smith: A buffer? Bird: Yes, bringing up, building up and stuff. Smith: You mean a berm? I guess it kind of depends on what it looks like as far as how high it is and how deep the sewer is below it, how accessible it is. If its 15 feet deep, I don't know the elevation of that sewer. Mr. Jewett said it was somewhere around 15 feet. There could be another 5 feet of berm on top of that, it depends of course where it is in the berm but that is getting to be pretty deep for maintenance, and specifically for personnel and manholes at that depth. Bird: Personally, I believe that should pursue getting our sewer down Meridian Road in its right easement, and what they do with their fiber optics is their problem. Smith: I will certainly make a phone call to ITD tomorrow and bring that subject back up and see where it goes. Bird: I do not think it is fair to the city to have worry about moving that around, when we already have our easement down there, and somebody else is in the wrong easement. Smith: There was a 10-foot easement that was dedicated on the plans to the communication folks. That 10 feet was off the edge of the right-of-way, and our sewer was between that 10 feet and the roadway. They are way outside their easement. Bird: Thank you. Anderson: Mr. Mayor? Corrie: Mr. Anderson. Anderson: This is a comment and a question for our Legal Counsel. This is a very awkward piece of ground. It is very long and skinny, and it is hard to come up with any real good type of development plan or layout on it. I think the applicant has done the best job he can with what he has to work with, but my question is before we take any action on this sewering issue, the City needs to be able to provide the services to annex it. If we do not know at this point tonight in good conscience that we can sewer it, where do we stand legally until this sewer issue is resolved? I guess I don't understand what our options are and we can take action on this without knowing how we are going to get the sewer to it. Nichols: Councilman Anderson, Mayor, members of the Council. That is one of issues that I saw in the implementation that you go through the Elk Run common Meridian City Council Meeting. February 20, 2001 Pg.40 . lot, SO that you essentially come inside the existing boundaries of whatever easements are out there, whether they are express or defacto. Means that the City would first have to have an easement from the Elk Run Homeowners Association through that common lot for that, to move that sewer line and put it through there, and you do not have that at this point. You do not know if they would grant it to you or make you pay for it or what. You need to be able to provide those services once the property is annexed in or at least be able to reasonably anticipate when they would be available. Anderson: I think the sewer line is through that easement, isn't it? The way I understood it, it is out to the highway, but as I understand it, it is at the north end of where that common lot boundary meets Meridian Road. It is not all the way to the south boundary of that common lot, is it Gary? Smith: That is correct. It is through the common lot from the culdesac to Highway 69. It is out into the public right-of-way, and then it started south in the public right-of-way and then it stopped. Anderson: Okay, so it did not get all the way to the end of the Elk Run common lot? Smith: That is correct. The common lot that is being proposed in which to locate this sewer is property of Elk Run No.2 Homeowners Association. That is presently landscape with trees and grasses. Corrie: Councilman Anderson, does that answer your question? Anderson: Well, I guess that is providing that we are going to it back into the landscaping area that he is talking about. Otherwise it needs to go out in the public access, right? Smith: Correct. Anderson: I think that is the avenue we are still trying to pursue, correct? Smith: Yes, yes sir. Anderson: So, if I heard you right, we cannot do anything until we know that we can provide the service. Is that correct? Smith: My recommendation would be that you not. The other complication though is if I recall correctly, you have annexed the Valley Shepherd parcel, which implies that they have not come in for their permit for whatever they are actually to do on property. At such time as they do we better be able to get the sewer there, which means that this interfering fiber optic line is a major problem. Meridian City Councii Meeting . February 20, 2001 Pg.41 . If the fiber optic line was moved, or they somehow saw this as their problem and figured out how to fix it, then it would not be an issue. Anderson: The difference on this project and Nazarene Church is that the Nazarene Church? We did not know that there was any problem getting the sewer line there. Now we do know there is a problem. Corrie: Other than denying, can we not table it until we find out what is going on? Nichols: Mr. Mayor, members of the Council, you may table this to a date certain. The only problem is that you are going to get new information, which comes in. Now I would say this, this is a rezone application, so it is not quite a quayside judicial deal. It is a legislative decision although we treat them as quayside judicial, but the Public Hearing could be reopened and then continued to where Gary could come up with additional information. I would say two weeks is not enough time to come up with it, probably another month to find out who has the say-so and whose line it is, and who has jurisdiction besides the state ITD over granting those easements and on whose property does this fiber optic line trespass and those sorts of issues. Anderson: Mr. Mayor, can I make a motion to re-open the Public Hearing? Corrie: You sure can. Anderson: I would do so then. Corrie: Okay, do I hear a second? Bird: Second. Corrie: A motion made and seconded to reopen the Public Hearing, any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: Public Hearing is re-opened. Anderson: Mr. Mayor? Corrie: Mr. Anderson. Anderson: I would then like to make a motion that we continue the Public Hearing until March 20th, and ask Gary and the applicant to try to get some more information about this sewering issue and how that can be resolved and bring that back to us on the 20th. Meridian City Council Meeting . Februery 20, 2001 Pg.42 . Bird: Second. Corrie: Motion made and seconded to continue the Public Hearing until March 20, 2001. Have the City Public Works Director contact ITD and the parties involved and see what kind of information we have at that point. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: The applicant, you know what we have done, so you are aware of what we are doing? Jewett: Yes. Corrie: Okay, thank you. Item 10. Public Hearing: AZ 00-025 Request for annexation and zoning of B.15 acres from an Ada County RT zone to R-8 for proposed Staten Park Subdivision by Leavitt and Associates - east of Black Cat Road and south of Ustick Road Corrie: At this time I will open the Public Hearing on Item 10 and invite staff comments first. Stiles: Mr. Mayor and members of Council, this is for the property it is immediately west of the property that has been approved as Wilkin's Ranch Subdivision. Dakota Ridge Subdivision would be in this location with the elementary school site, the golf course property and Ashford Greens development is to the south of the property. Eight mile lateral runs along the southerly boundary of the property, and the applicant has requested the zoning of R-4, have you requested R-8? For some reason this is showing up as R-8, and I believe the request was for R-4. They proposed a Preliminary Plat, which will be on the next Public Hearing and as part of their proposal they are proposing their open space would be partially made up by a pathway outside of the Eight-mile lateral easement along the southern boundary. We have at least preliminarily plans in the approved subdivisions for the lakes at Cherry Lane, a pathway that would be on the southern boundary. There is no proposal for crossing the Eight-mile lateral. Part of the reason for that was when The Lakes at Cherry Lane came in Mr. Leonard Aschenbrenner from the Nampa Meridian Irrigation District was opposed to any type of a pathway on the northern boundary, northern side of the eight mile lateral, but seemed somewhat willing to work with the city on one on the west side of the eight mile lateral. In this case, with the pathway that they have proposed on the north side, it would be totally outside of that easement and not subject to the Nampa Meridian Irrigation District License Agreement approval. That is all I have on the annexation and zoning Meridian City Council Meeting . February 20,2001 Pg.43 . and just to note that it is a request for R-4, and we would recommend approval with staff conditions. Corrie: Any other staff? Okay, is the applicant here this evening? This is for the public. This is a request from a RT Ada County to an R-4, not an Ro8. Smith: Thank you, my name is Kurt Smith. I live at 2587 South Side Boulevard in Melba. I work for Leavitt and Associates Engineers who is representing the applicant here tonight. I am an Engineer in training, working under the license of Reese Leavitt who is licensed to practice engineering in the State of Idaho. With the Staten Park Subdivision, we are planning a moderate infill development with homes ranging from approximately $135,000 to $150,000 upon completion. The square footage of the homes will range from 1450 to 1BOO square feet. We are adjacent to Wilkin's Ranch, and Cherry Lane No.9. We are asking for R-4 zoning, which is compatible with the adjacent properties. The property is within the urban service planning area with essential City services available. There will be a walking path along Eight-mile lateral as discussed. The 5 percent common area is met. The total area provided is 22,650 square feet, which gives us an open space of 6.3B percent, so we meet the requirements there. Our plan at this time is to connect our irrigation with Wilkin's Ranch Subdivision. In conversation with Bill Hansen of Nampa Meridian Irrigation system, he said that would be better than having our own separate system. We are planning on having Nampa Meridian maintaining the system. As noted in your staff report, there is high ground water table, and looking at our preliminary design with our road profiles, we do not feel it will be a concern to be 3 feet above the water table with our road design. We are requesting a waiver from tiling the Eight-mile lateral. We feel that the Eight-mile lateral will compliment one of our amenities, which would be our walking path. We also are asking for a fence that would be visible, that we could see through, so we could see the lateral as the pedestrians walk down that path. All of our common lots will be kept clean of trash and weeds. The developer is planning to keep all of the applicable codes in this development. The streets and street name signs will be constructed and installed before the building is started. We are planning to make the street name changes that are requested by the Ada County Street Name Committee. The right-of-way at the Eight-mile lateral will be protected and made accessible for walking along it. We will not be Nampa Meridian easement. We feel that this will work well. The Starwater Management, we will follow the recommendations of the Central District Health Department, following BMP's No. 38 of vegetative swell and BMP's No. 4B of dry extended retention pond with discharging a pre- development flow to the historic drainage way. Our density, we have 8.15 acres with 24 building lots, if just the building lots are taken into account we are at 2.94 lots per acre with non-buildable lots included we are at 3.55 lots per acre. Which is compatible with the subdivisions adjacent to us. Staff has recommended approval of this application, and we hope that you would recommend approval of this project also. With that, I would like to answer any questions. Meridian City Council Meeting . February 20, 2001 Pg.44 . Bird: I have none. Corrie: Council? De Weerd: Mr. Smith. Smith: Mrs. de Weerd. De Weerd: You mentioned the fencing that you wanted it see through in the Staff report it said a 4-foot high solid fence. You would still maintain a 4-foot in height? Smith: We are planning a solid fence chainlink as denoted by the section that we provided that is in your staff report for the walking path. We feel that the chainlink fence would still be a solid fence and would allow sight to the lateral. We feel we are meeting that requirement. De Weerd: Shari, are there mentioned pathway standards that these developments would be operating under? You know any width requirements or pavement? Stiles: The only standard I am aware of would be the pedestrian walkway standard that is in the Zoning and Subdivision and development ordinances. It has a 5-foot minimum, paved surface. De Weerct And what width are you planning? Smith: According to the detail, we are planning a 5-foot wide surface. Corrie: Okay, thank you. Smith: Thank you. Corrie: Is there any more from the public who would like to give testimony on this request for annexation and zoning? Hearing none, any questions from Council, Staff? Bird: I have none. Corrie: At this point, I will entertain a motion to close the Public Hearing. Bird: So moved. Corrie: Motion made and seconded to close the Public Hearing on Item 10, any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Meridian City Council Meeting . February 20, 2001 Pg.45 . Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I'll just throw this out for discussion, but I know that what they have drawn here meets our Ordinances and that. I just think the developers missed a good opportunity here. This would have been a great project where they could have done something a little better I think than the B,OOO square foot, standard Meridian lot and could have really dressed this up and made this a little higher end subdivision. I know there is a real shortage of that here in Meridian. I think there are plenty of people who would be willing to look at those types of lots. I am not particularly in favor of the chainlink fence. I think that cheapens the look. If you are going to put a nice pathway along these drainage ditches, I think the chainlink fence will not really enhance that a whole lot. So, I will just throw those two things out as kind of my feelings. Like I said I think the subdivision meets our Ordinances, but I would have liked to see something a little better. Corrie: Anything else? Bird: I have none. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I totally agree with Councilman Anderson. I am so sick of seeing 80 by 100 lots. Our city is full of them, and it is nice. It is just north of Ashford Greens and that is a great place to bit a little bit of the nicer development, and it certainly would add to the marketability of it. I do not think we are hurting for B,OOO square foot lots in this city. Corrie: Any other comments? Okay, the proposal in front is to request for annexation and zoning 8.15 acres to R-4. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we prove the annexation and zoning rate B.15 acre from Ada County RT zone to R-4 zone to Staten Park Subdivision by Leavitt and Associates for the attorney to drop fighting fast seclusion law and Decision of Order with Staff comments. Corrie: Motion is made is there a second to that motion? Meridian City Council Meeting. Februery 20, 2001 ~ Pg.46 . Anderson: Second. Corrie: Motion made and seconded to approve the R-4 annexation and zoning of the 8.15 acres at Staten Park Subdivision. Is there any further discussion? Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: Clarification, is it chainlink fence is that in there or are you denying that and going with the staff comment? Bird: I'm going with the staff comment, which was the solid, which was not the chainlink fence this is a 4-foot wood fence. De Weerd: Well, this is only annexation and zoning. Would that condition be part of that or a Preliminary Plat? Smith: Councilwoman de Weerd, Mayor, and members of the Council you can make it a condition of annexation if you so choose. Bird: It has been made if the second agrees. Anderson: Second agrees. Corrie: Then the motion is also including staff comments. Bird: Yes sir. Corrie: The verification of the fence as well. Any further comments? Mr. Berg, a roll-call vote on the motion. Roll call: De Weerd, naye; Anderson, naye; McCandless, aye; Bird, aye. MOTION TIED: TWO AYES, TWO NA YES Corrie: I kind of agree with Mr. Anderson and Mrs. de Weerd. We are getting an awful lot of these lots just sitting next some other homes out there at a little higher price, and I too would like to see it a little better. I do not know what the Preliminary Plat is for sure, but I think if I put a naye on the annexation and zoning the Preliminary Plat is going to be moot at this point. They need to come back and do a little changing. I think that is what I am going to have you do, and I am going to deny it as well and ask you to come back with a little bit of a different approach here. I think under those terms you will be able to get it passed on the annexation and zoning, so my vote will be naye in this case and have you come back with it. Meridian City Council Meeting. February 20, 2001 Pg.47 . MOTION FAILS - TIEBREAKER: THREE AYES, TWO NAYES Okay, with that on the Item 10, Item 11 is the request for Preliminary Plat, and I believe that would be moot at this point, so I will entertain a motion to deny the request for Preliminary Plat. Bird: So moved. Corrie: Motion is made do I hear a second to deny the Preliminary Plat on the Staten Park Subdivision, any further discussion? De Weerd: Second. Corrie: All those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: Motion is carried. Item 11. Public Hearing: PP 00-027 Request for Preliminary Plat approval of 24 building lots and 5 other lots on B.15 acres in a proposed R-4 zone for proposed Staten Park Subdivision by Leavitt and Associates - east of Black Cat Road and south of Ustick Road Item 12. Public Hearing: CUP 00-058 Request for Conditional Use Permit for a child-care center for 24 children in an R-15 zone for proposed ABC Club Daycare and Preschool by Janet Torgensen - 650 West Broadway Corrie: At this point I will open the Public Hearing and invite staff comments on the conditions for that. Stiles: Mr. Mayor and members of Council this is a request for a daycare at 650 West Broadway Avenue. The property is located across the street from the industrial zoned property there is the Jehovah's Witness Kingdom Hall here -- *** End of Side Three *** Stiles: --the mixed uses up and down this street the concrete, some kind of a concrete casting business, further down there are some residential. There is a mixture of industrial and some residential use on the southern property, the property south of Broadway Avenue. The applicant is requesting for a childcare center for up to 24 students, property is 1.97 acres. We did receive a recommendation from the Planning and Zoning Commission for approval. I did get a letter just today from the Ada County Highway District that had changed their recommendation to allow the full 40-foot width of driveway to remain as is if Meridian City Council Meeting. February 20, 2001 Pg.48 . they would take out the paving. The applicant did go forward prior to receiving the approval and paved this entire area for the childcare center in anticipation of approval. They will need to be taking out all of the pavement that is within the right-of-way and constructing curb, gutter and sidewalk as approved by the Ada County Highway District prior to getting occupancy if they are approved. Other than that I have no comment on the application. The applicant is here ready to testify and that is alii have. Corrie: Any other staff comments? This is the Public Hearing on this Conditional Use Permit. Lets have the applicant first. Torgensen: My name is Dahl Torgensen, 3535 West Angelica Drive. My wife and I called on the property. She is going to do the work and I am going to do the talking. I am here to answer any questions. We are in agreement with all of the conditions that have been set forth from both Ada County Highway District and from Meridian City Planning and Zoning. If you have any questions I am more than welcome to answer those. This is kind of a life long dream that we have had to do, we are hoping that it moves forward. Corrie: Council, any questions? Bird: I have none. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: Has the parking issue been resolved? Torgensen: Can I address that? In the Planning and Zoning meeting that we had the requirements are if you have 24 kids you need to have two staff parking and then you need one parking space for each 12 children, according to the plan. We have actually room for 5 parking spaces, but we only need to have two, and I believe in the recommendation, they have recommended we not have any more than 4 visitor parking spaces and no more than two employee parking spaces which we do not plan to anyway. We only want 24 children there and actually two of the children will be taken up my two daughters who will be employees. So the parking issue was addressed at the Planning and Zoning meeting and there was no problem there. We are going to have that as parking coming in rather than going straight into the garage, it is going to be coming in this way, and there is room for a handicap space, two other spaces plus two in the garage and the employees will be parking in the garage. De Weerd: Okay and you do not have any other problems with any of the staff conditions? Meridian City Council Meeting. February 20, 2001 Pg.49 . Torgensen: I did, but I do not now, it is just a lot of money. I appealed, and we are fine. We are moving ahead. De Weerd: I have nothing further. Corrie: Any other questions? Bird: I have none. Corrie: Is there anyone in the public who would like to issue testimony at this period? Okay, hearing none, Council any questions under Public Hearing? De Weerd: I have none. Bird: I have none. Corrie: I entertain a motion for the close of Public Hearing. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I move that we close the Public Hearing. Anderson: Second. Corrie: Motion made and seconded to close the Public Hearing. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: Discussion of the Council? Bird: I have none. Corrie: Hearing none, I entertain a motion on the request for Conditional Use Permit. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I move that we approve the CUP for a childcare center for 24 children in a R-15 zone for the proposed ABC Club daycare and preschool on Broadway for the Attorney to prepare Findings of Facts and Conclusions of Law And Decision of Order to include all staff comments. Meridian City Council Meeting. February 20, 2001 Pg.50 . Bird: Second. Corrie: Motion made and seconded to approve the request for Conditional Use Permit for the childcare center for 24 children in a R-15 zone for proposed ABC club, daycare and preschool. Have the Attorney to draw up the Findings of Facts and Conclusions of Law including staff comments. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Item 13. Public Hearing: RZ 00-010 Request to rezone B.88 acres from an R-4 zone to an L-O zone for proposed 51. Alphonsus Regional Medical Center Ambulatory Care Center by BRS Architects - southeast corner of Cherry Lane and Ten Mile Road Corrie: At this point I will open the Public Hearing and staff comments first please. Stiles: I am having a little technical difficulty here my battery ran out for a minute. Mr. Mayor and members of Council this is a request for a rezone of B.88 acres from the current zoning of R-4 to and L-O zone. The property is located at the southeast corner of Ten Mile and Cherry Lane. Albertson's grocery store is here with the retail shops. There is an existing office building, doctor's office building, that I believe is currently owned by St. Alphonsus. There is a church in this location here also another church here. It is surrounded by the Haven Cove subdivision on either side. They are requesting the rezone to facilitate an outpatient and ambulatory care center. I believe Ada County Highway District has made one change on their plan. I do not know if you have a copy of it in your packet, but the applicant had verbally informed me today that Ada County Highway District had approved an access in this location. It is approximately 205-feet from the intersection. Their normal standard is 220-feet for a right in right out only, because they did not have adequate frontage on Ten Mile, they had approved a lesser distance from the intersection. This Public Hearing is for the rezone only and the request for a limited office designation for this area. The following Public Hearing will address the details of the Conditional Use Permit for a planned development for their proposed facilities. That is all I have, if you have any questions. De Weerd: Mr. Mayor. Corrie: Mrs. de Wee rd. De Weerd: I do not have questions for staff at this time, but I do need to declare- Meridian City Council Meeting. February 20, 2001 Pg.51 . Nichols: Councilwoman De Weerd, Mayor, and members of the Council if you have had any ex-party communications from anybody on these applications, I would ask that you would declare them on the record now. De Weerd: Mr. Mayor, they were not ex-party, but I did talk to Dwayne Lingel about a procedural matters that came out of the Planning and Zoning meeting that he had concerns of. We did not talk about the application, but he did ask me to listen to it for procedural content as council liaison to Planning and Zoning. I did do that, and called back Mr. Lingel to tell him that we had addressed some of the issues he had raised at our Planning and Zoning workshop and suggested that any comments he had regarding the project itself that he submit in writing or testify at this hearing. I believe that the City did receive a letter for Mr. Lingel that is also part of public testimony. McCandless: Mr. Mayor, I also had a conversation with Mr. Lingel along the same lines as Tammy was talking about, mainly about procedure at the P & Z. I also suggested to him that he attend this hearing and give us his comments. Corrie: Mr. Attorney does that satisfy the requirements of the law? Nichols: Mr. Mayor, I believe it does. Thank you. Corrie: That being said, the applicant pleases first. Adrauchik: My name is Mike Adrauchik. I am the Director of Business Development at 5t. Alphonsus Regional Medical Center. I am here to show you tonight our intentions and our plans of developing a medical office facility along with a same day surgical center at Ten Mile and West Cherry Lane. I apologize I have had the flu for the five days, so the voice is just coming back. Hopefully 6- feet is enough distance for you. I want to share with you how we came to this location about 2 years ago we conducted actually a focus group outside of St. Alphonsus to recognize perhaps what St. Alphonsus needed to be outside of Boise. We conducted that focus group through an outside firm, and they talked to two different groups in the City of Meridian in and around that location, not specific to Ten Mile and Cherry Lane but in that general area. They were very clear as to what they felt they needed in their neighborhood. They were very clear that they did not want a hospital. They did not want and ER, they did not want life flight or trauma center in their backyard. What they did want was medical services coming to their neighborhood that would compliment what they felt they needed on an 80 percent basis of medical care. What they truly needed high tertiary inpatient medical services, they could go to a 5t. Lukes or a St. Alphonsus off the freeway or in Boise for those services. We recognize that and that is when we started our planning as far what would be good location to grow with the City of Meridian which has realized significant growth in the last 10 years and projected to assume additional growth in the next 10 years. When we looked at this location, this location represented good substantial growth Meridian City Council Meeting. February 20, 2001 Pg.52 . historically and in the future. We put together an option to purchase that land over a year ago, and November of 2000 we actually purchased that land. When we purchased that land, we decided we wanted to make sure we met the needs of the citizens of Meridian. Recognizing that we decided we wanted to have a medical office building that could house up to 25 positions in that facility, and Darrell Fugood is going to grab this board which will represent a visual as far as what we are feeling. Building A is a building represented on the top left, it is going to be a medical office building, two story supporting up to 25 medical physicians to have their doctor's offices. There would be some primary care doctors in that building and also specialty doctors like dermatology, ears nose and throat, general surgery, optimology, eye doctors things like that along with family practice, general pediatrics, and internal medicine. Recognizing that the transition of medical care is going from and inpatient scenario to an outpatient setting because of technology. We recognize the value to have adjacent to our medical office building a same day medical surgical center. That way our physicians that are in the medical building that also do surgical procedures that patients that also need that type of care, patient conveyance, they can go right down the hallway, and doctors can perform a same day medical procedure, knee surgery, eye surgery, things like that. Again, 25 physicians this would represent about 75 staff total that would be in this facility. That would be the maximum at any given time. Again 25 physicians probably would max anytime there would be 20 physicians in that building. Beyond just medical care services we would provide in there, there is also going to be wellness programs from newborn classes to geriatric services to community wellness education programs. St. Alphonsus' goal is not to just cookie cutter what we feel needs to go in there. We have also been very deliberate the last two years actually that is why we have been looking at Meridian so long to make sure we accurately represented what we felt needed to go in there. It is going to be comprehensive in nature from medical services to medical wellness programs at that sight. We have taken a look at based on the input we got based at the Planning and Zoning meeting we had some very good dialogue with the neighborhood, also we had an opportunity to talk to both of the representatives at the LDS church and the Seventh-Day Adventist Church neither one of the churches had strong oppositions or any in opposition to that, but some of the concerns from the neighbors out there represented increased traffic. Some of the lighting concerns that may be because of the outside lighting we may have, maybe the perception that we are going to be an ER out there as well and just I guess the increased overall traffic to that location. We went ahead and did various studies looking at the lighting out there that we are proposing along with increased traffic, and we also looked at our hours of operation. Our hours of operation that we got indorsed by Planning and Zoning was 6 a.m. to 10 p.m. It is our intention and desire that we are going to be open at that facility Monday through Friday with probable hours more like 7 a.m. to 9 p.m. I assured the Planning and Zoning Commission that we would grow an ease of the community. It could be as late as 10 p.m., but most likely it will be 7 a.m. to 9 p.m. Monday through Friday probably open on Saturday as well. We will have at our medical office building primary care Meridian City Council Meeting. Februery 20, 2001 Pg.53 . doctors. and there was a question about urgent care services out there, and if it is urgent care flashing outside that building would represent an ER, and then a lot of patients coming in thinking it is an ER and then what would that mean. I came actually from the state of Missouri and managed several family practice offices. We did not urgent cares as they are defined here in Idaho. What we did was we took our family practice clinics and just expanded their hours, and that way patients recognized what it was through our medical office building, not a separate center through a surgery center and patients think again it is something that it is not. It is going to be an extension of our family practice clinic in our medical office building it would just expand all those hours. I wanted to share some of the concerns about a free seeming urgent care center, that is truly not what we are intending here, it is going to be a comprehensive medical doctor's office with same day surgery and medical procedures as well. I will refer to Doug Racine, he is our Architect that has been working with our local consultants on our lighting program, we brought him with his son as well, and some of the traffic studies that might address some of your technical specific issues. If you had any specifics for me I would be happy to address them right now. McCandless: Mr. Mayor. Corrie: Mrs. McCandless. McCandless: You were talking about same day services, is that outpatient surgery? Adrauchik: That is correct ma'am. Same day services in the fact that with our hours defined by Planning and Zoning from 6 a.m. to 10 p.m. patients would routinely come in and see a doctor, one of the 25 physicians, at the medical office building. If that physician deemed warrant that they needed a more medical procedure that was more surgical in nature and that needs to done more at our surgical center down the hallway, then they would been seen either that day in that center or rescheduled during those office hours in that surgery center side. So they get care done that same day and then go home of course that same day. We are not going to be 24 hours. I know our zoning application would not permit that anyway. It is not our intention. It is to be a same day operation just like in a doctor's office but more comprehensive. We will also have rehab services there, so if you had knee surgery we will have our stars program for our physical therapy and outpatient therapy also have an office on 2ih and Main Street, just down the way a little bit, I mean Fairview. We will have a compliment of our rehab services there too. McCandless: Thank you. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Meridian City Councii Meating . February 20, 2001 Pg.54 . Anderson: What do you do with your medical waste, how do you dispose of that? Adrauchik: I may actually defer to Darrell Fugood. I did not know I was going to have to talk tonight, but as far as Darrell is our Director of Facility Management, and I would defer to Darrell for that comment, sir. Fugood: My name is Darrell Fugood, and I am Director of Support Services for St. Alphonsus. In regards to medical waste, it is all contracted currently to Stericyle. They bought out BFI here within the last year or so. It is hauled to Salt lake City to a regional incinerator, and it is incinerated at that point. Anderson: Does it get stored outside in the mean time before they come and pick it up? Fugood: There is a limit on the amount of time you can store regulated medical waste. I think it is something on the order of 48 hours, so there is a staging that will happen with the waste. It needs to be in a secure area, and it is in containers. At the hospital we have a very similar process there. It is a secured fenced area that that wasted is staged in until it is hauled away. Anderson: Is this facility going to be big enough that you are going to have to have liquid oxygen or anything on the sight? Fugood: I think that is going to be driven by the program, actually. My guess is small bottle service is probably more likely in this condition, much like you would see in a physician office space. You might, if we got into some surgery spaces, be forced into so manifold gas systems. You would have to have a pretty good- sized demand to warrant the liquid oxygen tank and operation there. Again, I think that would really be dependent on how the facility develops. Anderson: No other questions. Corrie: Thank you, anything else? Adrauchik: Thank you. I will now defer to Doug Racine to speak to some of the technical aspects on our application. Corrie: Okay, thank you. Racine: My name is Doug Racine. I am with BRS architects, 1010 Elante Place in Boise, Idaho. I understand we are hearing just the rezoned portion now and there were some things that were addressed in a letter and memo that I passed through the City Clerk with a revised plan, and I am not sure if I should address Meridian City Council Meeting. February 20, 2001 Pg.55 . that now or not. If you could give me some indication if you would like to hear about that as part of the rezone, or should we wait- Corrie: It is up to you. You can use it now, or you can do it then at this point. Racine: I think I will just move ahead with what I was going to address. We prepared a cover letter from 5t. Alphonsus that more or less reiterates what Mike just spoke about and attached to that -- I addressed in a memorandum some of the issues that were raised in Planning and Zoning staffs recommended conditions of approvals. In particular, we were emphazing the fact that the bank is a part of the Conditional Use PUD application although we do not have a specific bank on board right now were that configuration to change significantly is defined in staffs conditions. We have realized we have come back for a modification of that Conditional Use Application. There was one item also the nature of the materials and colors involved all would have to be approved by staff with any departure from what we presented here tonight. Also, during the hearing in response to staffs comments, there were a few items you will see in those revised site plans that are part of you packet that we addressed specifically there is a westerly curb cut on Cherry Lane that peraciates these requirements, I needed to offset 150-feet from the street into the subdivision across to the north on Cherry Lane. I have reflected that in the revised site plan, we have added a screened fenced along the southerly property line about the residential Haven Cove properties per staffs recommendations. We have added access through from the 9 parking spaces on the bank parcel, so that they could actually have access to the bank building. We address some of the parking spaces off the driveway from Ten Mile. We eliminated 3 spaces to provide more internal stack per recommendations of our Traffic Engineer. We shifted the traction closure slightly to provide better waste truck access, revised some deciduous trees in the buffer to evergreen. We presented this packet in the revised site plan to staff last week. They have reviewed it, and I believe they do not have any issues. Part of this memo was to clarify hours of operation and what was termed operation, business operations. With specific regard to the rezone, I would like to point out that we reviewed the existing Comprehensive Plan which I believe has this property indicated as existing urban and further in the 2000 draft this property is currently designated for potential commercial development. In seeking the L-O zone on this property, we think it is a less intensive use then a possible commercial use at this property. We specifically oriented the buildings so that the center portion fronting Cherry Lane is a two-story portion, and building C, which is the angled building, is actually a single story structure with the intent that it would have a less impact on the neighbors in terms of privacy and loss of view. As far as traffic on this site there is an ACHD report included in your packets, and I believe it refers to something in the neighborhood of 15BO trips being generated per day from this development. Currently, Cherry Lane has a level of service C which is average or acceptable per my Traffic Engineer a level of service A for reference is free-flowing, no stops, and unlimited lane change. Level of service E at the other end of the spectrum is capacity where it is totally maxed out, so at a Mertdian City Council Meeting. February 20, 2001 Pg.56 . level of service C existing prior to development and then per ACHO's calculations the same level as service C would exist after the development is complete. We have addressed some of the concerns. The neighbors indicated a concern about lighting and making sure that they were not seeing excess light from this site. We have hired an Electric Engineer who has generated a photometric analysis of the site projecting foot-candle levels and selected a light fixture. We would be more than happy to share the information at this time if you are interested. If you would like to see that at this point or prior to that if you have any other questions at this point, I would turn you over to my Electric Engineer, and he could give you a brief explanation of the lighting that we have proposed for this site. Are there any questions specifically of me? Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I had a question on the traffic flow around that bank. I thought I heard you say that you had submitted a revised plan that gave a cut through the nine spaces, where were you talking about? Racine: It was at this point I originally had not given it the full thaw out we had designed nine spaces that apply to the bank. It was brought up during the Planning and Zoning Commission hearing that there was really no access for the people using these nine spaces through to the bank other than to come down on the sidewalk and come in this way. I just took out small sections of the berm, 4B inches wide at this location to provide access. Anderson: For pedestrian then, I was thinking that you were talking about vehicle. I guess that is one of things that bothers me about that bank. You have to right in right out turn going in that entryway off of Ten Mile is that correct? Racine: That is correct, right in, right out there. Anderson: So then the bank has to circulate 360 degrees around it and go back out there. I am not sure that is going to be real convenient. It seems like there should be some cut-through to get through to Cherry Lane to the north without coming back out the same entryway. Racine: Oh, I see what you are saying. I think we were trying to separate the hospital traffic from the bank traffic and that was probably the reason we did not provide access through at that point. I really want to emphasize at this point that the bank parcel is shown as very conceptual. We do not have a bank on board yet. I more or less dreamed up that site plan with configuration based on other banks we have done, so it does not represent what in reality will go there. Thus, the nature one of my comments in the memo is that we did not want to hang up the whole development on the concept of the bank. We realize that if we go Meridian City Council Meeting. February 20, 2001 Pg.57 . beyond the square footage or do drastic modifications on the bank as we have shown it; we are going to have come back to this group as a modification. Anderson: I have no other questions. Corrie: Any other questions? Bird: I have none. Corrie: Council? Racine: Would you be interested in the lighting information at this point? Corrie: Sure. Racine: Our Engineer, Wes Smith will come up then and share that will you. Wes Smith: I am Wes Smith with DC Engineering, the Electric Engineer for BRS and the hospital. We put it in you packet in full detail. We showed the foot level and lighting layout before for the area for the parking lot. What we have done is we have broken this out into two plans. One plan indicates an average of 2-foot candle across the parking lot, which is what we design for most facilities. The situation here, down in the left-hand corner of the plan, you will see two diagrams that indicate the throw of the light out of the fixture. We are quite lucky in the last three years lighting manufacturers have developed a reflectant in the fixtures that allows us to delete any light to incroach on neighboring properties like we have over on this side. The top diagram is what we are proposing to use, which has a sharp cutoff. If you look at the foot-candle level around the neighboring properties along the berm, the highest foot-candle level that we are on the buffer zone is .1-foot candle, even though we have a 2-foot candle average out here for patients entering and exiting the hospital. The City of Meridian only allows the lighting to remain at this level until 11 p.m. They have a deal in place now that we can only leave it on until 11 p.m., so the second plan shows what we consider the security lighting. From 10:30 p.m. until 6:30 a.m. We also put a dusk control on here so that if daylight came earlier than 6:30 a.m. there would not be a need for these lights to be on, so we would maintain it to were they were off. Now this foot-candle level is just for security purpose only, and it only lights the parking lot to .5-foot candle to maintain security. If you look at the buffer zone now, the lighting levels are zero. The fixture that we are proposing to use is a horizontal lamp, so it allows for minimal glare out of the fixture. The glare portion that you will see in most parking lots comes off the end of the fixture, and this fixture actually caps that and the reflectors are built to allow for minimal glare out of the fixture. Any questions? Bird: I have none. Meridian City Council Meeting. February 20, 2001 Pg.58 . De Weerd: No, thank you. Corrie: Does that conclude yours for right now? This is a Public Hearing, anyone from the public who would like to enter testimony in favor at this point? Those opposed? Lingel: I am Dwayne Lingel, 2153 Turnberry Way, First of all, I want to thank you for this opportunity to speak, and I did write the letter that you have before you. I did not mean for that to be offensive. It is strong language, but I felt there were some serious problems with the meeting that took place in January. I have talked about that particular instance, I do not know if you want to address that here at this time or later in private. Corrie: You have the floor. Lingel: Okay, I really do feel that the Planning and Zoning meeting in particular was not well run and at that meeting the only discussion that was brought forward was about the parking at the bank. I felt that at the first meeting regarding this issue that we as citizens would have or should have had more information without having to come up with information from our minds about what they were proposing. They really did not propose anything that night they showed the same pictures that you are seeing, but did not propose in the detail that we got here tonight. Without our inquiry, there really would not have been any information shared. I find it also interesting that at the time of that meeting that they would pass this onto you as acceptable without knowing how many doctors were going to be performing any kind of procedures or what they were going to be doing within the building. I do not think, in my opinion, you can have an understanding of what is being proposed without knowing what is going on inside the building by the people and in regard to that they just made reference to 1580 inflow of traffic into this area. That is a lot of people, in my opinion, for who we are at Ten Mile and Cherry Lane. We moved out there five or six years ago into an area that was quiet, and my wife drives 20 miles to get to work, so we do not have to deal with the traffic. We would rather live in a lower traffic area which is what we have had in the past, but would change with this proposal. I think that one of the factors you have to consider is this not traffic from our area, this is traffic that will come from Star, Kuna, or Caldwell, Eagle it really could come from any direction. I know we have already had some of our family who live in Star, work in Meridian and sure it would be convenient, but they would never come to our area for this type of service if it were not there. They would not be in our area outside of an occasional visit to us. That is an issue for me and probably one of the biggest. The other issue, which I wrote about, is the fact that this was a R-4 zoning. You have changed the zoning here from homes and houses to another purpose. I understand that your Comprehensive Plan is talking about a commercial zoning here, but that is not fact the case of what it was when we bought our property. I do not like the fact that now all of sudden we live in a commercial zoned area which is not what Ten Mile and Cherry Lane is about. I Meridian City Council Meeting . February 20, 2001 Pg.59 . really think you need to consider the impact of a rezone from something that will draw from various parts of our county, changing that from a R-4 to this type of zone. The next thing I would to say is that in the paper this Sunday there was an article, and I do not know if you have read it, but it talks about the growth of Meridian, It really speaks about what looks like to be the lack of management regarding the growth. In this article, I am going to quote, it was actually by Mayor Corrie, says that he is confident Meridian residents will do what is best for the town, because most of them fled from somewhere else. They are talking about the small town feel. It says, that you really want to keep the small town feel of Meridian, and that is what you are quoted here as saying. I do not feel that this proposal would come close to meeting that kind of a comment, and I really think it is going to impact us very negatively. I will take any questions. Corrie: Where do you live in relationship to this property? Lingel: I am around the corner in Cherry Lane golf course to the west. Corrie: Are you aware of the possibility of an interchange going in at Ten Mile and 1-84? Lingel: I have been made aware of that. Corrie: Okay, and are you aware that Ten Mile will eventually be a five-lane road north and south? Lingel: I have not been aware of that. Corrie: That is an ACHD in their plans for all north south- Lingel: When did that change? Corrie: That never did change. It has always been ACHD's planning for five lanes. I just wanted to check and see if you were aware of that and also the state is looking at Highway 16 that comes from Emmett down to make some kind of connection to 1-84 at the interchange if it happens at that point. That is all "ifs" now, but if that happens that is going to be a lot of traffic whether you have this there or not, so I just want to make sure that you understand that and that the demographics that is possibly going to happen to Meridian in the next 25 years. Our small town is going to be about BO,OOO people. While I would enjoy a small town atmosphere, I do not know whether the citizens will feel the same way that I do at that point, but we will find out. I just want to make sure that you had some of that information with you if you had not seen it before. Lingel: That is good to know. I do not know that I feel any different. Meridian City Council Meeting. February 20, 2001 Pg.60 . Corrie: Okay, I did not want you to make any changes. It was just for informational purposes, because I live out there where you do. Questions Council? Bird: I have none. Lingel: Thank you. Corrie: Thank you, Dwayne. Anyone else in the public? Hansen: My name is Penny Hansen, and I live 2B69 West Ann which is in the Sunburst Subdivision right across the street from the proposed site. My house is right there, the third one down. I had no idea Ten Mile Road was going to have five lanes either. I knew an interchange was coming in not too far down the road. I do not understand why the City plans things like this in a residential area. I have lived there for nine years. I have lived in the Meridian area all of my life, which I am not starting to like very much now. I do not understand either why you do not improve some of the traffic congestion-- ... End of Side Four ... Hansen: -- in the morning and afternoons. They are really bad traffic hazards, and this is not going to improve it at all. This is going to make it really bad like on Ten Mile Road and Franklin and down by the high school, another 4-way stop. There are no traffic lights coming in or anything, but we have all of this extra traffic flow. Is there going to be any fixes to that in the future? Corrie: I can tell you that Ten Mile Road and Franklinthat will be five lanes north, south, east and west. There will probably be a signal there, but the ACHD is ready to do the surveying now. Franklin will be a five lane all the way to Garrity and it will be all the way into Boise five lanes. Then your north south mile lines will be five lane roads eventually as Fairview is at this present time. Hansen: Yes, because there used to be two lanes in front of my house and now there is four. Corrie: I know I used to live there. Thank God, it is not two lanes there now. That is were it is going. Hansen: I do not like it either, but I guess there is not much I can do about it. Corrie: That is what we are here to hear. Thank you, anyone else? Kindall: Hi, my name is Brian Kindall. I live at 3B40 Woodmont Drive which is Cherry Lane Golf Course and I guess a really touchy point for me along with just the growth of Meridian. I am concerned about the school children. I still have a Meridlen City Council Meeting. February 20,2001 Pg.61 . small boy, and at one time we had heard depending on where the kids lived, the two schools were an option. Some kids have to cross Cherry Lane over here, so there were crosswalks and there was the nice crosswalk lady that stand there and guarantee that the kids will be safe. I still do not go to bed at night thinking that is all together true. I am concerned about this new facility reflecting on that. The school children, there was talk of a footbridge, sky bridge, over Cherry Lane at one time. I wonder if talk like that is still hot to go, or if that has been set aside. I am just curious about the safety of the kids. Speed limit changes, things like that that might reflect on the little people. Has there been more talk about the safety of the Sky Bridge, walking across the road type thing? Corrie: I have not heard anything just a good rumor. Okay, thank you. Anyone else? Morrison: My name is Robert Morrison, 3841 Woodmont Drive, Cherry Lane Golf Course Subdivision. I also own property over in the Sunburst area. When the people bought all the way around this property it was zoned for R-4. We all realize there is going to be growth in Meridian. There has been a tremendous amount of growth, but when the people were offered this property it was all for residential. If you look around the edge of that, they spend hundreds of thousands of dollars to buy their homes there to be developed into a commercial or business section when you can go down Ten Mile Road where you have already put in storage units. You have taken out a dairy, and you have a lot of room out there that Planning and Zoning has not approved for tracks to be in there yet which they approved for residential tracks here and then people have to put up with something like this. There is nothing wrong with it, if it is in the right location but it can be moved either a half of a mile to the south even on Ten Mile Road. They will be out of the tracks, and then Planning and Zoning do not have to put a track next to it if they do not want to. Or if people buy next to it by then, that is their business, but this was already zoned for R-4. To sell all of these people hundreds of thousands of dollars of property around it, and then have them pop up with something like this, I do not think it is right. We all know there is going to be growth, in this whole area there is going to be growth, but hopefully, it will be 15 to 20 years from now, but if it is not so be it. You should not be putting something like this right next to a property that was already sold to people for R-4 zoning with the property next to them zoned R-4. It is just a matter of Planning and Zoning. They have not done their job. If they wanted to make that commercial, then why did they okay it for tracks and houses? So the Planning and Zoning and the City Council over the period of years have it themselves. Why keep on continuing to do it and hurting people all the way around the area for something that R-4 zoned to start with? Like I said, it is just a matter of conscience, evidentially because there is nothing wrong with St. Alphonsus set up. More power to them if they can come out here, but I think it should be moved to an area where there is not housing tracks already existing which the Planning and Zoning okayed and the City Council and the Mayor all okayed over the period of years then have this thrown in on top of them. The Meridian City Council Meeting. February 20, 2001 Pg.62 . lights are not going to bother me from that place because I live over by Bob Corrie, but I still do not think it is right for those people or the property I own in the Sunburst area to be hampered with something like this and the traffic. What goes on when it is already zoned R-4 and should be residential area in Meridian, which is a very nice area and should remain a very nice area without your commercial and business zoning after it is already R-4 and people have bought around it. Thank you ladies and gentlemen. Corrie: Thank you Bob, anyone else? Lingel: I think one of the things that I would like to add is at the Planning and Zoning meeting there was a threat about the fact that we could either accept this or they could find something that would be worse to put in there. We certainly do not want something worse. We are not looking for trouble, but we are looking for the right thing, and I hope we can have your word and your honor about bringing something if this is denied that is not going to negatively impact us. This is Planning and Zoning that gave the threat, I took it as a threat. It was spoken not friendly and I really believe them, I really truly believe they are capable of putting something much worse than this in and it shows in our City. I hope you guys will watch out for us because we have given you this responsibility, hopefully, to protect us in some ways and to work with us. Bird: Just a second, I have a question for him. What do recommend should be put in there, R-4 houses? Lingel: I really think if that is what it was zoned for, I believe that portion should be houses. Bird: We just turned down a subdivision to the north of it because it was an R-4. That is not a location where you are going to build half million-dollar houses. You do not have the view. That is one thing Meridian does not have any place in their city. We are not the Eagles or the Highlands or anything like that. So what would you recommend? We can move the thing down, like Bob said, a mile, mile and a half so everybody coming to it can drive through my subdivision to get there. Boise, we can all drive to Boise down Fairview, which is very, very crowded. What would you think would go in there besides houses at that location? And do you think R-4 houses at that property are not going to really impact the traffic? What is it going to do to schools an R-4 housing compared to what this is, the schools; Chaparral is already crowded. You guys think it should just be housing, I am just asking. Lingel: In my opinion yes, I think that has been the consensus of the people who have spoken. Brian brought up the thought of some kind of Skate Park I mean I do not know. I am sure we can dream and figure out something if you cannot put houses in there. I wouldn't be opposed to it if were not such a large - 25 doctors, I personally need medical care. I am a candidate for that type of a project, but at Meridian City Council Meeting. February 20,2001 Pg.63 4t the same time I do not believe it would be right for who were/are out there as I see it. That is just my opinion. Bird: Thank you, Dwayne, I did not mean to debate with you. Corrie: Thank you, anyone else? Durant: My name is Dennis Durant. I reside at B352 South Old Farm Place, Meridian, Idaho. Originally, I was not going to say anything, but I am actually in favor of this application. I look at Albertson's across, and they generate much more traffic than I see the facility actually would. I can see it benefit my family. I think it is a great asset to the community. I think we all need medical services at some point in our lives, and I think it is really selfish on the part of people that live in that block to say it is not right to have that facility for other people. That is just what I wanted to say, I think that St. Alphonsus does a great service for us, and I think we need to appreciate that. I think that they have the ability to - they are taking a big risk by investing in our community, thinking that the project will work. They have already expended a lot of money. Even in just in all these architectural plans that they have put forth just to do this project. So I think it is a good idea. I know everybody has concerns, but we all have concerns about everything until we get used to it. I see Albertson's as an eye sore to me and with all the engineering they are doing with the lighting, I think that they are trying to do a very minimal impact for the neighbors. I am sure there will be privacy fencing for those people who border the property. To me, if I were living in that property bordering it I would not mind that one bit. I would much rather have a parking lot that was quiet at night, than the neighbors in the back yard next to me having a barbecue until midnight. That would be much more favorable for me, I would just like to leave those comments with you. Corrie: Thank you, Dennis. Anyone else? Okay, developer do you have anything to add questions that have come up that you want to address? Adrauchik: Just one to really capture why we want to be out there. I really appreciate that some of the neighbors out in that area would rather see St. Alphonsus, although a valued entity, perhaps off the beaten path to access it's service. St. Alphonsus' goal truly is to grow with Meridian. We recognize the need to be sensitive to the surrounding neighborhoods, but we really want to develop a medic;al community that is less intensive than a hospital, but can compliment the integrity of their neighborhood. Fundamentally, we may have some disagreements with some of the neighbors on growing with their community, but that is our glow, to appropriately grow with their community. We feel that what we have proposed this evening represents that desire, not just for today but for the long-term future of how health care is provided conveniently close to their homes. Corrie: Thank you, Council any questions about the Public Hearing? Meridian City Council MeeUng - February 20, 2001 ", Pg.64 -- De Weerd: I had one for staff, but there is not anyone over there. Well maybe the applicant can answer it. The pad where the bank is supposed to go, if the use is different, are you coming back or as long as it is compatible, what are the plans for that piece? Adrauchik: We are in final negotiations with a bank, actually to pursue the purchase of that parcel. If that bank chose not to pursue that what St. Alphonsus would do, we would grate that lot, seed it, irrigate it, and maintain it until a future opportunity may present itself. St. Alphonsus, there is nothing pushing us to have to sell that lot to a bank. We feel it is a nice compliment, but if that bank choose to back out and another one was not going to meet our needs then St. Alphonsus would, like we do with a lot of our land, -- like in Caldwell, we purchased 20 acres, but we will not develop until it is a win-win for our sight. De Weerd: But you will maintain that, then? Adrauchik: We would, we grate it, maintain it, and St.Alphonsus' mission is to have a warm healing environment. Part of our initiative for our sights, so we would make sure that the site would be maintained, it would be grated, it would be mowed for that lot, and we would support that venture, so it would not be an eye sore. I do not think that anything St. Alphonsus does is an eye sore, and we would not do that in Meridian either. Good question, thank you. Corrie: Thank you, any other questions? Anderson: I have none. Bird: I have none. Corrie: Hearing none, I will entertain a motion to close the Public Hearing. Anderson: So moved. Bird: Second. Corrie: Motion made and seconded to close the Public Hearing on Item 13, request for rezone. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: Discussion of the Council? McCandless: Mr. Mayor. Meridian City Council Meeting. February 20, 2001 Pg.65 . Corrie: Mrs. McCandless. McCandless: I have listened to all of the testimony. In some cases I can understand why some of the people feel as they do, but on that corner, on one corner you have a doctor's office, you have three churches, one across the street and two behind and you have Albertson's. You have a pizza place and you have a mail place and the tanning place. I can think of a lot of things that possibly would be a lot more disturbing than what they have here. Knowing St. Alphonsus they maintain their property well, it looks like they have some really nice buildings in there, and I just do not see the objections in that particular area as being legitimate. I think they would cooperate with the neighbors. They certainly talked about their lighting and will try to keep it down so that it does not disturb anyone. I do not live too far from there myself so I do not think it is going to be anything but a good addition to our community. We cannot stop growth. It is going to keep growing. Talking about Ten Mile Road being five lanes and talking about all the traffic on Franklin that is terrible, it is. We are fighting with the ACHD all the time to get these roads fixed, but if we get an interchange on Ten Mile Road that is certainly going to benefit the people that live in that area that have to go downtown to Boise or even to Nampa. They can get out there without having to go through town to get out. I, for one, will probably vote for it. Corrie: Any other discussion? De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I appreciate citizens' comments and having been on the other side of the podium I know exactly where you are coming from and appreciate your concerns. I think before when the growth began, there has been a lot of new things that have come out in planning in trying to design your community to serve the whole community, and bringing services closer to where your people live is a good thing. I think that my kids also cross those streets when they want to ride their scooters to school, they also do that, and it is a concern. That is why the School District busses kids that are even within a half-mile of those schools, but we cannot change the placement of that school. It is one of the reasons we got the light on Lauderhill, so it would be a safer place for those kids to cross the street. Traffic is going to be there whether it is residential or commercial in some form or another, and it will probably be more because more people will have to be driving to those services that they need. Because of the configuration of the street and the plans for these that were done long before any of us ever dreamed of having a house in those empty fields. Those streets were designated for high use, and right now Cherry Lane moves considerable. As you can see the impact of even this development does not change that service level, so that just shows you the kind of impact that those streets are made to handle; I believe in urban planning, urban planning is bringing services closer to the residents and in Meridian City Councli Meeting. February 20, 2001 Pg.66 . corners like that it is a logical place to do that. I think that another point was raised that it is not going to impact our schools like a residential area would and I think until another elementary school is built that is one thing that we do not have to worry about. I think it is a good use, it is a better use than a commercial use which would be a higher traffic level, and it is attractive and it looks like 5t. Alphonsus has done their homework right by meeting with the neighbors that back up to that site. We do not see any of them here, and so their communication with those neighbors must be well otherwise you can bet that they would be here. Corrie: Any comments, discussion? Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I just wanted to offer too that this is exactly the kind of development that everybody asks for with these empty pieces of ground that are along Cherry Lane. We had another project that was down at Ten Mile Road and Pine, and this is the type of project the people wanted there. We just turned down a project earlier tonight, or delayed an action on that, that is a mile and a half down the road because it was a super store going in that type of a lot. What everybody is asking for is a professional type of office building. I really think that when you look at it, 1500 vehicle trips sounds like a lot, but in comparison when you say we approved a daycare tonight, that daycare alone is 115 vehicle trips, so really in the perspective of other commercial things that could go in there, this is very low. I guarantee Albertson's puts a lot more trips than 1500 vehicle trips a day. I live in this area. I live over in Parkside Creek, and I personally like the fact that we have an Albertson's there. I like just walking over to the grocery store or zipping in the car and being at the grocery store and not having to drive downtown or 2 or 3 miles to get to a grocery store. Like Tammy talked about, the idea is to bring some of those commercial retail uses that we use every day, bring them into your neighborhood so you are not always driving across town and that saves a lot of the fuel, saves a lot of these roads that have to be build. If you can put more of the uses in the areas where the people are living, I think this is a good quality project. I do not believe that it is going to impact the neighborhood significantly. I live there why would I want to devalue my own property? Everyone gripes and complains that we should wait until we can build a road. We have a five-lane artillery road leading into this property. We do not get this very often I think this is a right project and a right time, and I think it is a good thing. Corrie: Any further comments? Bird: Mr. Mayor. Corrie: Mr. Bird. Meridian City Council Meeting. February 20, 2001 Pg.67 . Bird: I will give my pennies' worth. I, too, agree with them and regardless that this is not a slam-dunk deal, we have thought hard and long on it. I believe for that corner that this is probably the most practical application we could have. I believe that our traffic count would be higher if we put that 25 acres into an R-4 with houses in there. I too would like to see our neighborhoods get more of our own services to them. The Urban Planning, it saves traffic congestion throughout the rest of the City, so I think this is a very nice thing for the City of Meridian and this area. Corrie: Okay, with that being said I will entertain a motion on the request for the rezone. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I move that we approve the rezone of B.BB acres from R-4 to L-O for the proposed St. Alphonsus Regional Medical center on Cherry Lane and Ten Mile Road to include all staff comments and testimony to ask the Attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order. Bird: Second. Corrie: Motion made and seconded to approve the request for rezone of the St. Alphonsus Regional Medical Center Ambulatory Care Center for the Attorney to draw up the proper order and the staff comments to be included. Any further discussion? Hearing none, roll call vote please. Roll-call: De Weerd, aye; Anderson, aye; McCandless, aye; Bird, aye. Corrie: All ayes, motion is approved for the rezoning. MOTION CARRIED: ALL AYES Item 14. Public Hearing: CUP 00-056 Request for Conditional Use Permit for a planned-unit development in a proposed L-O zone for proposed St. Alphonsus Regional Medical Center Ambulatory Care Center by BRS Architects - southeast corner of Cherry Lane and Ten Mile Road Corrie: At this point, I will open the Public Hearing and staff comments and any addition comments. Stiles: I do not have too much to add on the Conditional Use Permit. The applicant and the testimony have reflected pretty much the site plan that has Meridian City Council Meeting. Februery 20, 2001 Pg.68 . been proposed. I would just like to add as far as a history of some of this property, I am not sure whatever was intended for this area, the staff would not recommend some kind of residential development for this piece here. Many years ago this entire 5-acres was approved - I am not sure how to pronounce his name, Quang Thinh Do - it was approved as a 5 acre site for a landscape and nursery business, so the use that was approved in the past for this parcel was essentially commercial development. There has been no provision made within this residential subdivision for any connection to provide some kind of interconnection between the neighborhoods. They are limited as far as where their accesses can go in this development. The LDS church here is not going to impact that use. I guess anywhere that you have two major thoroughfares coming through like this you need to anticipate some kind of a commercial development because that just springs from any of these types of intersections. It is unfortunate that we have not been able to plan the entire development at one time, but unfortunately our pattern in the past has been you get one zone. It is an exclusive zone, there is nothing else that is planned to incorporate in that, no other uses that are proposed. Frankly, it has led to a lot of this sprawl and the development that we do have where they do not have services. You cannot walk to dentist, doctor, whatever, get a hair cut, and we are encouraging that more in the new Comprehensive Plan. I do find it a little interesting that - I do not believe neighbor that is adjacent to this development has come out to testify against this project. With that I would end with the motion toward the approval of the rezone and would request approval of the Conditional Use Permit for St. Alphonsus Regional Medical Center with staff and agency conditions. De Weerd: Mr. President. Bird: Mrs. de Weerd. De Weerd: Shari, with this new plat has staff looked at it is as far as where the bank is being proposed and traffic circulation? I know Ron had raised an issue during the annexation portion about circulation of the traffic in that area. Have you had a chance to look at that? Do you have any comments? Stiles: I am not sure what the difference is between what was originally proposed and this revised plan that we got today. I do not think it was anything significant. De Weerd: I think just the little pedestrian paths. Stiles: Yes, to provide access through there. I do not know really what purpose that serves except to - people can always walk over that, they will be walking between parked cars, so I am not sure that is a great improvement there. They do have the access through here. I think Ron was making so mention to the fact that they had to go all the way around here to get through the drive-thru and then come out. Meridian City Council Meeting . February 20, 2001 Pg.69 . De Weerd: There is only one-way in. Anderson: One way in one-way out. It is like a big circle it just seems like there should be an outlet up in the northeast corner. Stiles: There is an access here. It is very difficult to see. I do not know if it was even shown on this one. I think it is right there, it is a right-in right-out. Anderson: No, I mean for the bank out of their parking lot. Bird: You are talking about the bank. That is not the full plan they said that. Anderson: Yes, I am not hung up on that that is just conceptual. Stiles: Again, the applicant is proposing that unless they make significant modifications to this area or the use changes significantly that they are requesting approval of also this bank. De Weerd: Thank you. Can a fire truck get in there? Bird: Mr. Nichols. Nichols: Before we have Shari conclude her comments, I would like her to review the applicants memo of February 12, which has some clarifications, specific items, and hearing issues clarifications, so that I know that if we get down to that point which ones are which, which things are included. Stiles: From Doug Racine to Brad Hawkins-Clark is that the memo you are referring to? Nichols: Yes. Stiles: Doug is this the same plan? Racine: No that is not the same plan. Stiles: Okay, I cannot tell the difference, it is just so small. Mr. Mayor and members of Council I do not see any issues that were raised in that letter they were merely clarifications of what came up. Is there something in particular? Nichols: Mr. Mayor and members of Council, I am looking at Page 3 of the memorandum. Item 4 with regard to hours of operation, the Planning and Zoning Commission recommendation was 6 a.m. to 10 p.m., and they asked for further clarification on what it meant for hours of operation. Whether that would include facilities maintenance, staff preparation for patients, that sort of thing. I need to Meridian City Council Meeting . February 20, 2001 . ~ Pg.70 . know, or think the Council needs to know, what your position is on that question that they have asked for clarification. Stiles: I would consider their hours of operation, the hours they are open for business. There may be some issues that would probably fall under the noise Ordinance. If they were out there creating noise with the trash or maybe out there with snow plows when it is snowing or sweeping the parking lot we would have to watch those things to make sure they were not creating a nuisance. I would say that the 6 a.m. to 10 p.m. was intended to be the hours they were open to the public for business. Anderson: I was going to say, that right across the street from Albertson's, they are shoveling snow and cleaning off their sidewalks after they close, and they close at midnight. Street sweepers and everything else, so I would assume you are correct on that. Stiles: I do not have anything. Racine: Mr. Mayor, point of privilege? Corrie: Yes sir. Racine: Could we just have all of the previous testimony that was considered on the rezone incorporated as a portion of the Conditional Use Permit application? Corrie: Yes, that is fine and if you have anything new or different, otherwise we would use the same testimony. Racine: I am just available for any other questions you may have thought of. Corrie: Thank you. Any testimony other than the difference that they had earlier. My question was when it was raised by one of the gentlemen. The roof is a metal, metal roof. Have you thought about changing that? The rest of the neighborhood just has shingles, have you thought of that? Racine: We thought about it. I guess we choose metal as the material to make it a little more distinctive. I think it was Mr. Lingel's letter that mentioned that he did not feel the metal roof was compatible with the residential shingles, and it is definitely not the same material. We feel like the slope roof forms are compatible with the residential roof form, and with the metal we were just trying to make it look a little more distinctive, add some texture to the community, so that not everybody looks the same. They are compatible but not the same. Stiles: What color are they? Meridian City Council Meeting . February 20, 2001 . . Pg.71 . Racine: Color? We are looking at a green. Something along the green nature, to be quite honest I do not think we defined the final color pallet. We understand that we have some flexibility with staff, as long as we do not go to a fuchsia roof or something like that, we can work within that context. Corrie: Okay, thank you. Any other question for Council? Okay, I will entertain a motion to close the Public Hearing. Bird: So Moved. De Weerd: Second. Corrie: Motion made and seconded to close the Public Hearing on Item 14, Conditional Use Permit. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: Council, any further discussion? Bird: I have none. Anderson: I have none. Corrie: I will entertain a motion on the request for the Conditional Use Permit. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we approve the request for the Conditional Use Permit for the planned unit development in a proposed L-O zone for proposed St. Alphonsus Regional Medical Center Ambulatory Care Center with staff comments stated, and for the Attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order. Anderson: Second. Corrie: Motion made and seconded to approve the request for Conditional Use Permit Item 14, have the Attorney to draw up the Findings of Facts and Conclusions of Law with all the staff comments. Any further discussion? De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. Meridlen City Council Meeting . February 20, 2001 Pg.72 . De Weerd: I know it is conceptual, but when we get the plat, if we get a plat, do we get a plat on this? Bird: No. De Weerd: It is just that they be sensitive to the access into the bank area that it is not just one entrance in. That is my only comment. Corrie: Any further comments? All those in favor say aye. MOTION CARRIED: ALL AYES Corrie: Due to lateness of the hour, it has been suggested by the Council that we (inaudible) Public Hearing 15, 16, 17 as the first meeting on March 6, 2001 because we do have some things yet to do tonight. McKinnis: I am Mike McKinnis from Mountain West Bank on the Conditional Use Permit for the drive-thru. I would love to be able to run through that, if I could. Nichols: Mr. Mayor and members of Council why do not you find out first who is here to testify on the issue of the Mountain West Bank because if there is a whole bunch of people here it is going to take more time than if he is the only one. Corrie: Who is with the public in request for the commercial complex? Okay, so in other words it is just the Mallane Plaza subdivision. Council? Bird: Let us go for it. Corrie: All right. Item 15. Public Hearing: PP 00-021 Request for Preliminary Plat approval of 5 building lots on 6.95 acres for proposed Mallane Commercial Complex by The Land Group - northwest corner of Fairview Avenue and North Hickory Way Corrie: At this time I will open the Public Hearing with staff comments first. Stiles: Mr. Mayor and members of Council, this is for the property located at the southwest corner of Hickory and Fairview. Louie's Restaurant is just being constructed and is ready for occupancy on this property. It initially asked for a rezone to a commercial designation along with the plat, and the Planning and Zoning Commission initially recommended denial of the Preliminary Plat due to the fact that they wanted to rezone the property. They have since withdrawn their application for the rezone and asked the Planning and Zoning Commission to reconsider the plat, which they did. So the recommendation now is to approve Meridian City Council Meeting . February 20, 2001 Pg.73 . the Preliminary Plat for the Mallane Commercial Complex with all staff and agency conditions. Nichols: Mr. Mayor. Corrie: Mr. Nichols. Nichols: Shari, we have a position statement from The Land Group, could you comment on their position statement points, please. *** End of Side Five *** Stiles: Item 1.15 that deals with the illumination impacting residential property, they have asked for that to be deleted. It is kind of a moot point. It can be taken care of during the Conditional Use process. All lots within this Preliminary Plat will still be required to go through the Condition Use process. They have requested that the second part of the recommendation to the City Council regarding the sidewalks, staff had requested a detached sidewalk along Hickory Way and Fairview Avenue, they have requested that those not be detached sidewalks. Staff would still support requiring detached sidewalks on both of those roadways. I do not know if that last note was regarding anything that was in the recommendations, but it was a recommendation that all uses be required to go through the Condition Use process. I am not really sure what that last suggested addition was, but I believe that was part of the approval. Corrie: Is the applicant here this evening? Hepworth: My name is Russ Hepworth with The Land Group at 128 south Eagle Road, representing the owners for this property. Maybe I can clarify your question, Mr. Nichols pertaining to those. I am not sure how or why Item 1.15 was recommended for deletion, however because we are requiring that each lot obtain a Conditional Use Permit I guess that could be taken care of at that point. I do not think that was a request from us to eliminate any interior lighting to the parcel. As far as Item 1.1B, we were not requesting the deletion of the meandering sidewalks except the one on Hickory. They were proposing to have that an attached sidewalk, which is contingent with the development into the Meadows Subdivision, that this borders on that side of the road. It is an attached sidewalk on the opposite of the road it is a meandering sidewalk, the owner is requesting that it be a attached sidewalk on Hickory only and have a meandering sidewalk along Fairview which portions of that have already been constructed. The recommendation to put a note on the face of the plat to require each of those lots to have a Conditional Use Permit was to comply with City requirements because there was a confusion between existing conditional uses already on this parcel, apparently this parcel has already had three conditional uses imposed on it. That the third Conditional use which was for Louie's Restaurant and an additional lot over stepped its bounds on the second one, and so they are saying Meridian City Council Meeting. February 20, 2001 Pg.74 . that it eliminated the second one. So to clear up any confusion with all the Conditional Use Permits imposed on there, we just said each lot will be required to obtain a Conditional Use Permit for whatever use they desire in the L-O zone, so that any issues that are brought up or need to be addressed on each individual lot in this subdivision have to brought before the Council. Corrie: Thank you. Since this is a Public Hearing, is there anyone else in the public who would like to issue testimony on this Item 15? Council any questions for public record? Bird: I have none. Corrie: Hearing none I will entertain a motion then for the Public Hearing to close. Bird: So moved. Corrie: Is there a second? Anderson: Second. Corrie: Motion made and seconded to close the Public Hearing on the Preliminary Plat from Mallane Commercial Complex. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: Council, any further discussion? Hearing none I will entertain a motion on the request for Preliminary Plat. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I move that we approve request for Preliminary Plat approval on five building lots on 6.95 acres for the proposed Mallane Commercial Complex by the land group to include all staff comments as well as the position statement by the applicant with the except of 1.1B and to Order of Findings and Decision of Order. Bird: Second. Corrie: Motion made and seconded to approve the Preliminary Plat with the Attorney to prepare Findings of Facts and Conclusions of Law and to include the comments of staff and also the deletion of 1.1B - Meridian City Council Meeting . February 20, 2001 Pg.75 . De Weerd: No, to include the position statement but not the recommendation on 1.1B. Corrie: Okay, and not to accept the 1.18. Mr. Attorney. Nichols: I just want to make sure that Council understands what this motion is. As it stands now, that means that there would be a detached sidewalk along Hickory, and the applicant's testimony was that it would adjoin an attached sidewalk, so there would be a little jog where it meets the detached sidewalk. I just want to make sure the Council understands what the end part of that testimony was. If you want to have detached on Hickory that makes a little jog to hit an attached, I just want to know that that is what you intended. De Weerd: That is my intent. Nichols: Okay, thank you. De Weerd: To support staff's recommendations. Corrie: Any further discussion? Roll call vote. Roll-call: De Weerd, aye; Anderson, naye; McCandless, aye; Bird, naye. MOTION CARRIED: THREE AYES, ONE NAYE Hepworth: Mr. Mayor, I believe it is within your purview to ask the nayes why they voted they way they did. De Weerd: Or the ayes on why they did? Bird: We know why you did you made the motion. Corrie: Yes, I would like to hear that. Anderson: My reason is the attached sidewalk. I have no problem with making that an attached sidewalk. It does not front one of the entryways into our City, and it matches up to the subdivision that you are going to tie it into. Bird: Same thing Mayor. I just cannot- Anderson: I think it takes up some of the useable space that they could use for development. Bird: I thought she had went with that. De Weerd: That is a busy road. Meridien City Councii Meeting. February 20, 2001 Pg.76 . Corrie: Okay, I think I know why the ayes voted the way they did. I think they can probably give us a better Preliminary Plat. I will vote naye at this point. Nichols: We now need a motion to approve or to deny unless you want to have a new motion to approve. Corrie: That is exactly right. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we approve the Preliminary Plat of five building lots on 6.5 acres for Mallane Commercial Complex by the land group, and the Attorney to prepare Findings of Facts and Conclusions of Law and that we do allow an attached sidewalk along Hickory Street. I agree with their position statement. Corrie: Do I hear a second? Anderson: Second. Corrie: Motion made and seconded to approve the Preliminary Plat with the attached sidewalk and the Attorney to draw up the Findings of Facts and Conclusions of Law. Is there any further discussion? De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I do not think the traffic is changed in the last couple of minutes on that street. I still believe the detached sidewalks are safer for pedestrian traffic, so I just wanted that comment on record. Corrie: Okay, so note it. Roll call vote. Roll-call: De Weerd, naye; Anderson, aye; McCandless, aye; Bird, aye. Corrie: Motion carried. MOTION CARRIED: THREE AYES, ONE NAYE Item 16. Public Hearing: CUP 00-049 Request for Conditional Use Permit to construct a branch bank with drive-thru teller in an L-O zone by Mountain West Bank - Magic View Office Complex Meridian City Council MeeUng . February 20, 2001 Pg.77 . Corrie: All the Public Hearing and staff comments first. Stiles: Mr, Mayor and members of Council this if for Mountain West Bank. This property formerly was proposed as two office buildings on this lot, and they also proposed two office buildings in this location. Since the original proposal they have rethought their positions, we have processed an application for building permit for one office building here, it would be a single story. It was originally proposed as a two story, but staff did process that application as it did not make a significant change or impact the adjacent property more than the original proposal. Their Conditional Use application would have St. Luke's Street. This then turns into Allen Street and connects to Magic View Drive. This would be the access point. With this plan there would still be some addition property left over in this area here, and we would ask, if that is approved, that they come in with a single story as it was approved in the original Conditional Use Permit. There is some buffering that they have along the northern property line that was approved in the original Conditional Use Permit. I believe it was a 20-foot minimum per Ordinance, and they have proposed some berming. I am not quite sure what type of fencing they had proposed in there, but I know that the neighboring properties would like to see something more substantial than was done adjacent to the Chevron and Credit Union to give them so additional protection from the development on this side. With that I do not have anything to add, if you have any questions I am happy to answer them. I am sure the applicant is here and some neighbors. Corrie: Any questions of the staff at this point? Bird: I have none. Corrie: Applicants? McKinnis: Thank you very much for hearing me at this late hour. My name is Mike McGinnis. I am Senior Vice President at Mountain West Bank. What I'm here for is for a Conditional Use Permit for the drive-thru. I believe that the bank is okay under Limited Office zoning, so our Conditional Use Permit is for the drive-thru. I will make this as quick as I can. Mountain West Bank was founded in Coeur d'Alene in 1993. We have offices in Coeur d'Alene, Hayden Lake, Post Falls, and in downtown Boise. We are currently in the process of acquiring three offices of First Security Bank and four offices of Wells Fargo due to their merger. So we will have three offices in Boise, Ketchum, Hailey, Brigham City, and Park City, Utah. Mountain West Bank is part of a holding company called Glacier Band Corporation, which is 2.3 billion-dollar holding company headquartered in Kalispell, Montana. Mountain West Bank is wholly owned subsidiary, it acts independently. It has its own board of directors; it has its own loan committee, et cetera, et cetera. We act independently of any holding company influence. We are a primarily small business bank. We do residential lending in both mortgage and construction. We do commercial lending both mortgage and construction. Meridian City Council Meeting . February 20, 2001 Pg.78 . We have an array of business banking services both loan and deposit. We are primarily as I said a business bank, but we have complete consumer banking services as well, as well as extensive small business administration lending services. We look forward to opening in Meridian. This is going to be our Regional Headquarters here. We have kind of a short fuse, which is why I want to get up here tonight. We have a modular office building in downtown Boise, and that Conditional Use Permit runs out at the end of July, so I am going to be into the City of Boise trying to get an extension until we can get this built. So I do appreciate you hearing us. We will have regular business hours of 9:30 a.m. to 5 p.m., Monday through Thursday, and 9:30 a.m. to 6 p.m. on Friday. We currently have no plans for any Saturday or Sunday business at that location. A bit about the design, we held a neighborhood meeting early in September for input, and as a result, we designed our drive-thru moving it from the north part of the building, swinging it around to the west side and pointing to the south. Any noise coming from the cars there would not be between our building and the neighbors, but would be on the west side of the building between ourselves and another commercial office building, which I believe is scheduled to be built sometime to the west. In terms of a barrier, this is a built to suit for us. We are leasing the project from Magic View partners. My understanding is the berm on the very north will be a 4-foot berm. There will be 6-foot solid fence on top of the 4-foot berm, and so there will be a 10-foot barrier between our office and our neighbors directly to the north. Our drive-thru is well lit. It has security cameras and is alarmed. Any speakers that you will see, it will be a completely numatic operation. Any speakers that are in those little islands there are completely directional and are designed for confidentiality as well as for minimizing and ambient sound that might escape from there. The A TM will remain open 24 hours a day. It is a drive up ATM, and it is not a walk up. Our primary business is business banking. We do not foresee a whole lot of use of this thing after hours. I talked about the fence, let me point out very quickly where the A TM is, if you can see that first car near the wall, it is just above that in the wall itself. So you drive right up to the wall, take your window down, and you are right there. Very good, that is it. That is all I have, do you have any questions of me at this point? Corrie: On your A TM, does that just take your card, your bank card, or will take all those others? McKinnis: We are part of the Star system, and it will take Star system cards. Corrie: Any other questions? McKinnis: I do thank you. Corrie: Anyone from the public who would like to testify? Meridian City Council Meeting . February 20,2001 Pg.79 . Lloyd: I am here in place of in of Rich Seger. He had to be out of town tonight. He was going to present this letter to you since he is more directly impacted with this. I am sorry my name is Holly Lloyd. I live at 3091 East Autumn Way. Rick Seger is closer to the - his back yard will back up to this bank area. I am about three houses down from him. I would also like to mention that Phyllis Brown was here who was next to Cedars. She is an older gentlewoman, and she was here for quite awhile. She could not take it, but she also wanted to know that she was represented. I did hand a copy to the City Clerk that had signatures from the people on this side of our street who are on this side of Autumn Way who are affected by this. I am speaking in lieu of Rick, but I am also speaking as a representative of the neighborhood watch. I am the neighborhood watch Committee Chairman, for the Bobcat Jennifer Autumn Way. I spent 6 years before that being the Chairman for my subdivision when I lived down behind Hewlett Packard where I represented 180 homes. I am quite devoted to the program; I am a believer that this is the position that I am coming from, so I will take you through the letter. We have tried to make it to the point we do not oppose the bank in any way. We are thrilled to have them there we are just a little concemed about the barrier. As you are aware from the Planning and Zoning meeting notes, the neighborhood in general has been supportive of the proposed Mountain West Bank application. It is due to the fact that the applicant has stated that the hours of operation, and the applicant itself is much in alignment with the concept of the one story office building backing up to the neighborhood which was represented by the developer in the original meetings and the concept plan submitted in the Development Agreement. If it were not for this 24-hour A TM and the night drop that the bank is proposing then we would not be here. We do not have a problem with the bank we are thrilled to have them there. We know that we are having growth back there. Banks are what we want. Unfortunately, the one small item remaining that we feel must be resolved before the neighbors can fully support this development. We have attempted to work with the bank and the developer on this issue, but we have not been able to successfully progress to come to an agreement on it. Therefore, we feel like we needed to plead our case before the members of the City Council. As you are aware, ATM crime is a major concern in the banking industry; the documentation is on the second page, as well as within our local communities. For this very reason, security analysts for the banking community along with insurance companies of the banking industry recommends that ATMs and night drops be placed in sight of high traffic areas where they are very visible to the public at all hours. In our original meetings with the bank, we voiced our concerns about the security, and the bank representative indicated that security was an issue and that it was a high priority with them. Also at the first Planning and Zoning meeting the neighbors again spoke to the developer and another representative from the bank about security and specifically requested that they look at several alternatives for the ATM and night drop. Three things were presented, No.1, closing the ATM at dusk, No.2, relocating the ATM to the front of the building where it is more visible and farther away from our neighborhood and No.3, constructing an 8-foot masonry wall that could serve as a barrier to potential Meridian City Council Meetlng . February 20,2001 Pg.60 . crime. The representative has assured us that they would look into the issues, but they did not return our call when we requested to see what progress had been made prior to the February 1st Planning and Zoning meeting. We can understand why closing the ATM would not be in their best interest, and we can understand why it would be expensive to relocate it, but we do not understand why they have not been willing to talk to us about this wall that we are requesting. Since the A TM is located away from the main street behind the building to the west and in direct view of trees on berm backing neighborhood yards where a criminal element could hide, we feel that a wall is required for the safety of our neighborhood. Having that ATM back there is going to severely compromise the safety and security of our neighborhood, particularly the people who back up to it. Attached you will find diagrams and contractor quotes of how this wall can built with a minimal cost and impact to the bank and developer. It is the same that was used along the Curtis Road extension. The contractor assures us that the installation on the berm is not a problem as long as the berm is constructed properly. In fact, the same system was used to construct the wall on a berm in Salt lake City, and it is still today, 10 years after installation. In addition, when you examine the cost of pre-cast masonry walls versus a wooden fence, it is more likely that the wood fence would be even more expensive to maintain and replace before the warranty on the masonry wall is ever reached. All it would take is one criminal incident that could alter the life of a neighbor family forever. Please grant us the courtesy of that consideration when you rule on this CUP. Thank you, do you have any questions? Corrie: Thank you. Lloyd: Thanks. Corrie: Anyone else? Seger: Good evening, my name is Marty Seger, and I live at 2951 Autumn Way so our residence immediately backs up to the bank. We agree with the neighborhood that this is exactly what we want, a one-story professional building. It is what, I know you as a City Council is trying to get for us, professional buildings. I just want to preface my comments that this neighborhood is over 20 years old, so it is not like we are 5 years old. We should have known that all this development was going to occur. I am really just requesting two things: respect, respect for our neighborhood, our families because we are truly concerned about safety. Masonry walls are not as climbable as a wooden fence. I know the developer mentioned a solid fence. Solid in our minds means masonry not climbable. Solid, I think in his mind, means wooden. So that is the main distinction that we are more concerned about the safety. Yes it will allow privacy, but we are truly concerned about the safety. So, No.1, I am just asking for the City Council to show respect to the neighborhood and to our families because we are truly concerned about the safety. No.2, to have the courage to go ahead and say we are going to make a hard decision, and we know that some people Meridian City Council Meeting . February 20, 2001 Pg.81 . are not going to be happy with it, but we are going to go ahead and do this. I mean the developers are going to be opposed, but with setting the precedent once we approve a fence along this development there is going to be further development to the east going towards Eagle Road which will be coming before your council soon. So once you set a precedent of a wooden fence, it is going to be very hard for neighborhoods to convince the City Council then to change that privacy barrier to masonry. So we are concerned that we need to do this now and start the precedent so that we can be consistent with this fencing that is going to go all the way east to Eagle Road. Thank you very much, do you have any questions? Seel: Jonathon Seel, WH Moore Company, yes I am here again. Just a clarification that I wanted to make, when I originally came I was the one who spoke on this. There was a Development Agreement prepared that specifically speaks to a 6-foot high wooden fence with a 4-foot berm. There was no discussion about anything else, and that is what was approved, so it is agreed upon. I just to make sure that the Council understands that there was no wiggle room as far as that, there as no discussion about it could be this or it could be that. It was a 6-foot high wooden fence with a 4-foot high berm. That goes along the northerly property. Anderson: Was not the same night we discussed about there would not be anything more than a one-story building, though? Seel: And that is all there is there. Anderson: There was another application that is more than that. Seel: Another application for what, Councilman? Anderson: For another building that was more than one-story. Seel: Not on this lot. We submitted an application to share recess for a one- story building to the south of this there is plans to construct another one-story building eventually to the west of the bank. The total square footage of those three buildings is less than what was shown on the concept plan. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Shari, what kind of a berm did we end up putting between the Credit Union and the Auto Fair? Stiles: What kind? Meridian City Council Meeting. February 20, 2001 Pg.82 '8 Bird: Yes, what kind of berm was that? Stiles: I think they just have bark and some trees, I am not sure - I think they have a chainlink fence and that was partially due to the ditch that ran along there. Seger: Marty Seger, 2951 Autumn Way. We have pictures of the berm that is between the Credit Union and all of that if you wanted to delay your decision. We could bring those to the March 6, 2001 Council meeting. Bird: I just could not remember what we had. I thought it was just strictly a berm. Corrie: So to the east it is just the berm, right? Stiles: Nothing has been constructed there yet they just built this road. Corrie: Okay. Seel: Jonathan Seel, WH Moore Company. I think what the ladies are referring to is the berm that is actually to the east of this lot. You cannot see that in front of the Credit Union, and there is a cyclone fence, unfortunately that cyclone fence, and we have talked to the neighbors about this, and we understand their frustration with that which is beyond our control. We keep coming back to this, but is something we have not been involved in. We did not have any control, but that cyclone fence is at the bottom of the berm, and I would venture to say that that berm right there is probably 2-2 Y. feet tall. The berm on this particular lot that you see to the right as well as the one behind the bank, that is the one where we have agreed to a 4-foot high berm with a 6-foot high solid wooden fence. Our control ends down there at the end of our property, or what is the westerly portion of the Credit Union. We were not involved in that, that was several years ago. Corrie: Anyone else from the public at this point? Council questions? Mrs. de Weerd. De Weerd: I guess I would like a little bit more explanation on 1.4, Shari. This CUP is for the bank and not for the entire development, so what are the issues and how do they apply to this application? I know we have had considerable discussion on this berm and the fence on top. I believe there are only one or two neighbors at the time that that was agreeable to them. I do not recall specifically what it was, but this is what he asked for, the berm with the fence on top. Is that not right? Stiles: I believe that the previous proposal when it was just office buildings, they did not have an objection, or I did not know that they had a particular problem with it. It is the fact that the ATM is there with the drive-thru that has caused them more concern and their safety beyond what they felt the office complex would- Meridian City Council Meeting. February 20, 2001 . Pg.83 . De Weerd: On the other side of the berm, that is a ditch, is that right? Is that the irrigation canal? Stiles: There is an irrigation ditch on the north side of the property. I believe it is on the neighbor's property. De Weerd: But 1.4, what is that all about and how does it apply to this application? Stiles: When this property was initially annexed, if you recall, it was not there very long ago. They came in and we had requested a Development Agreement be entered into. The applicant requested that a very loose Development Agreement be crafted for this annexation and zoning. Since then they have changed their plan to include this drive-thru bank and another use on the property to the east that was not at all what was originally proposed. There was a Development Agreement entered into, it is a binding document unless that is amended. That was simply what is stated in 1.4, the conditions that were placed on the original proposal as presented by the applicant. If through the modification of the Conditional Use Permit some of those issues need to be revised, they can be incorporated into an amendment to the Development Agreement. I think all that was put forth here is that when the original proposal came through this were the conditions that were placed on the project. De Weerd: So for this particular lot they have to have a 20-foot wide buffer with the 4-foot berm and the 6-foot fence towards the back end of that? Is that correct? Stiles: I am sorry can you repeat that, Tammy? De Weerd: They require a 20-foot wide buffer along the northerly property line and that 4-foot berm and 6-foot fence are on the back end of that, right? Stiles: Right and that was a condition of the original proposal, when this property was annexed and when a plan was proposed for the two 5-acre lots. De Weerd: So that was within the Development Agreement? So if you change it on this particular lot, you would have to go back and change the Development Agreement, or they are only going to have a 7 Yo foot tall fence on this one lot, and it does not matter what they have on the other lot? Stiles: Well, the Development Agreement can be amended to whatever your approval is. I am not sure how specific the language gets it was initially for four buildings on two 5-acre lots. Meridian City Council Meeting . February 20, 2001 Pg.84 . De Weerd: But in that area where their drainage is there is also a fence lying along the back of it, that will then change to a 6-foot wooden fence with the 4-foot berm? Stiles: I believe that was part of the initial approval. This is going to be an ACHD retainage pond for storm water, and I believe their requirement was to continue the fence along there. This is really part of one lot still. I am not sure how the roadway dedication shook out the two different lots, there was a 5-acre lot here, and there was a 5-acre lot here in the original subdivision. They have since dedicated this roadway to connect to Magic View which since I have not seen any applications for lot line adjustments or what actually was done. I really do not know where this lot is, I mean if this is one lot, if they have gone and split this off and dedicated Ada County Highway District. I do not know if the condition changes for this 5-acre parcel the condition should be applied to the entire northern boundary of the parcel, and it should be treated as a whole as far as one piece of property. I am I not getting what you are asking me? De Weerd: Well, to a certain extend, it just confuses me even more. We are just looking at this one CUP and how this one application can affect the entire development. I am trying to see if we increase the height of that fence because it is a Conditional Use Permit, and you can do that. That does not solve any problems along the rest of the development because this will not affect that. Stiles: If a wall were approved just for this portion of the site, it would have very little affect on the neighbors. De Weerd: Well that is my point. Stiles: Yes. Seger: On March 6, 2001 there will be another CUP up that is another development around there. We will be having the same discussion about this. De Weerd: Well, we can only deal with one application at a time. Seger: I understand, I am just saying that it is a continuing thing that we want to work on. De Weerd: Right. Stiles: Tammy? Bird: Mr. Mayor. Corrie: Mr. Bird. Meridian City Council Meeting. Februery 20, 2001 Pg.85 . Bird: I would like the applicant to address the safety concerns of the neighborhood group. McKinnis: Initially, when we had our Public Hearing, or public meeting, we agreed to move that from the north to the west side. Now from a standpoint of security, these ATMs are well lit, they are alarmed, and they have video surveillance. That is we tape 24 hours a day on these things. I cannot tell you that nobody will come along with a crowbar and try to bust this thing open. I cannot tell you that nobody will throw a rock through the window either, but it has been our experience in our particular bank that we have not had any issues with ATM security. With regards to a night drop, that is something that is for the conveyance, primarily of our merchant customers, and that is just something that you pull up, you open the door, you drop your bag in and you take off. That A TM and night drop which are right next to each other up there in that little square have, as I said, security cameras, they are alarmed, and they are lit 24 hours, well from dusk to dawn. We have not had any security issues with these things. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: It is behind the bank, you know, so you cannot see it from the road, so is not that a safety issue? McKinnis: Well, I do not particularly think so. I do not know where on that building you are going to put it where the general public is going to be able to see that thing night and day. Anderson: The one over on Cherry Lane is exactly the same way. Bird: I do not know of any bank ATM that is not in the back. ... End of Side Six ... McKinnis: -- security issues when you have walk up ATMs. You do not want a walk up ATM you want one you can drive up to. Even in the Credit Union there, I believe theirs is on the south side of the building, which is between them and the Chevron station. Without some sort of redesign of the office, we think that is about the safest place we can put it. As I said, the majority of that traffic will be- during the day and there will be traffic on the weekends, but with our security cameras and the fact that it is alarmed, I think it is as safe as we can make it. Bird: What if you flip-flop the floor plan and brought the drive-thru and A TM over to the east side and brought your people around the other way? Or can you go on a counter-clock wise- Meridian City Council Meeting. February 20,2001 Pg.86 . McKinnis: No, then I have to bring them all the way in and around that way. Bird: You to bring them around, you are right. McGinnis: We agonized over this with our architect just how best to do this. He really thought the best place to put it was up on top on the north side, but we did not want to. After the meeting with the public, our neighbors, fuss with that, so we moved it around. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I am going to ask Captain Bowman, being with the police, do you know is there much ATM problems, Captain Bowman? Bowman: I was waiting for this question. In the City of Meridian, I am not aware of any ATM problems. Bird: As a security standpoint from the Police Department, you did not see any problem with that footprint? Bowman: No, I did not. I do not see any problem there. Bird: I have no more. McKinnis: Thank you. Corrie: If there are no other questions for the hearing, I will entertain a motion to close the Public Hearing if so desired. Boyd: My name is Jim Boyd. I represent Magic View partners. I reside at 5016 Lakes Edge Place in Boise, Idaho. I would just like to clarify some discussion on that berm. The Development Agreement is a 4-foott berm. It is 30-feet wide up where you see the retention pond, and then from that point on it is a 20-foot wide berm for the Development Agreement. The 6-foot wood fence on top, part of the disheartening part is the portion of the berm that currently exists just north of the Credit Union was put in. It is a much lower berm then the 4-foot that is now required, and I think part of this requirement was seeing the mistake that was make there. Plus, instead of putting their fence on top of the berm, they put their fence on the north boundary line, which is at the low point of the berm on the north side. It was really unfortunate, and I feel sorry for those neighbors that border that improvement to the north because they have no buffer from headlights that point north as they come into the Chevron, they look right into people's backyards, so it is very unfortunate. I do not blame them for being upset, and I think we all would like to help out in trying to get something resolved Meridien City Council Meetlng . February 20,2001 Pg.87 . there. As far as our part from where the end of that berm which you see exists all the way down to the west property line will all be the 4-foot high berm with the six-foot fence. Corrie: Any more discussion for the Public Hearing, Council? Bird: I have none, Mayor. Corrie: I will entertain that motion then. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I make a motion that we close the Public Hearing. De Weerd: Second. Corrie: Motion made and seconded to close the Public Hearing on the Conditional Use Permit for the Mountain West Bank. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: Any discussions, talk? De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I guess there are still issues of the Development Agreement that staff does not feel comfortable with. I do not see that it should be a part of this application, and maybe the attorney can address when is the appropriate time to look at those things that are brought up in 1.4. Nichols: Councilwoman de Weerd, Mayor and members of the Council, you have to understand the Development Agreement cuts two ways. It is not simply binding upon the developer. It also binds the City as to what the conditions of development will be for that particular parcel. So when this Council set the standard for example of the berm, which has been discussed at some great length, it was not the City's idea. I remember somebody came in and wanted that so that there was a 10-foot height, so that headlights and the rest stayed out of the subdivision. That is what was imposed here on this deal. I guess what I am saying to you is: it is my opinion that this is not the time to go in try to modify the Development Agreement, where this is a one-story building, where the only issue is whether or not you allow them to have drive-thru with the ATM. I could Meridian City Council Meeting . Februery 20, 2001 Pg.88 . be wrong, but I think that a bank is an allowed use in an L-O. It is only the drive- thru and the ATM that make it the CUP. The Development Agreement ought to be left alone because if they do not agree to the changes, you are going to have to show that these conditions -- if you are going to change the conditions, that they are related to the development. De Weerd: Thank you. Corrie: Any further discussion? Bird: I have none. Corrie: Then we will entertain a motion on the request for Conditional Use Permit. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I make a motion that we approve the Conditional Use Permit to construct a branch bank with a drive-thru teller in an L-O zone by Mountain West Bank, Mountain View office complex and ask the City Attorney to prepare Findings of Facts and Conclusions of Law and Decision of Order subject to the staff comments. De Weerd: Including 1.4? Bird: No. Anderson: 1.4? De Weerd: Yes, which is what we have been discussing. Anderson: Okay, minus 1.4 because I do not think it is appropriate in this. Bird: Second. Corrie: Motion made and seconded to approve the Conditional Use Permit on Item 16. Have the Attorney to prepare Findings of Facts and Conclusions of Law with the staff comments excluding the Item 1.4. Any further discussion? Hearing none, a roll call vote please. Roll-call: De Weerd, aye; Anderson, aye; McCandless, aye; Bird, aye MOTION CARRIED: ALL AYES Meridian City Council Meeting . February 20, 2001 Pg.89 . De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I guess item 1.4, I know staff has always told us that you cannot mix two things together. If there is something that you need to work out with the developer, you need to get with them and see that what they are not doing is addressed, but not in an application. Corrie: Shari, any comment? Stiles: What was your motion? Was it to approve it, deleting that 1.4? Bird: Yes. Stiles: So you are deleting any requirement for them to meet their original Development Agreement requirement? Anderson: No, this just is not the place to put it. Stiles: They have to live up to their Development Agreement, but their requirements for CUP that is separate. They still need to abide by the conditions set in the Development Agreement, but those are separate from this CUP. That does not seem like a requirement to me, it is just part of the Development Agreement, it is just information, it is really not a condition at all. All of these things exist. These are the requirements. De Weerd: And they still do exist. Stiles: Okay, you just wanted - because it was extraneous, you thought. That is the only reason you deleted it? De Weerd: Agreements. No, we do not delete those conditions from Development Stiles: You just deleted it as a term of this Conditional Use Permit because it is already taken care of in the recorded Development Agreement. Corrie: Everything is okay? Item 17. Public Hearing: VAR 01-003 Variance request for a time extension for recordation of Final Plat for Merchants Plaza Subdivision by Wild Shamrock, LLP - east of Meridian Road, south of Gem Street Corrie: I open the Public Hearing, staff comments. Meridian City Council Meeting . February 20, 2001 Pg. gO . Stiles: Mr. Mayor and members of Council this variance request was submitted as a result of - the Plat was recorded nearly a year after it should have been recorded. Therefore, we have some form letters that go out and inform the applicant that their plat is null and void due to the non-compliance with development time requirements. This is really a clean up issue, the plat is recorded; it was just very late, and there were some health issues of the civil engineer that was working on the project. This is for the property that is just west of the Round Table Pizza and Under the Onion owned by Thomas, and we recommend approval. Bird: I have no questions. Corrie: Any questions from staff? Is there anyone in the public who would like to testify? Dimser: My name is Jason Dimser. I am Roy Lance and Associates. Our officers are at 391 West State in Eagle. I just wanted to compliment you guys on your incredible endurance here. It is pretty much just as Shari said, that Mr. Bryan Iverson was the original surveyor and engineer on the project. Mr. Bryan Iverson got sick in the midst of recording the Final Plat for this subdivision and in association with his illness and several other issues that typically come up. Often delay projects in-between the time when Council gets to approve them and when they finally get recorded. The allotted time period had elapsed, and we would just like to remedy that situation and get it approved. So if you have any questions I can certainly answer them, but it sounds like everyone is on track. Corrie: Thank you, any questions? Bird: I have none. Corrie: Is there anyone from the public at this time that would like to issue testimony? Hearing none, any other comments from the Council for the Public Hearing? I will entertain a motion then. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we close the Public Hearing for the Merchants Plaza Subdivision. De Weerd: Second. Bird: Variance request for time extension. Meridian City Council Meeting . February 20, 2001 Pg.91 . Corrie: Motion made and seconded to close the Public Hearing on Item 17. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: Any other further discussion? I entertain a motion of Variance request. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we approve the Variance request for the time extension for recordation of Final Plat for Merchants Plaza Subdivision by Wild Shamrock, LLP, east of Meridian Road and south Gem Street and for the Attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order. Corrie: Motion has been made to approve the request of the Variance for the Merchant Plaza Subdivision, and have the Attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Item 18. CUP 00-057 Request for Conditional Use Permit to construct a new office I warehouse building in a flood plain for Big D Builders in an I-L zone - King Street and Baltic Place Corrie: Staff questions? Staff comments? Stiles: Mr. Mayor and members of Council I did not have the findings in my file, but apparently someone has looked at them because they have made some changes to them from our staff. I do not have them anywhere within my entire file, so I do not know what- Corrie: Staff will make amendments and approval for Conditional Use Permit. Stiles: Do you have them? Bird: No, we did not get them. Corrie: Shall we take the one that was received on January 16, 2001? Is that the one we are looking at? Stiles: But that is not the recommendation. Bird: That is not the recommendation. Meridian City Council Meeting. February 20, 2001 Pg.92 . Stiles: I do not know where those recommendations are. Is this also going to be Eagle Concrete Pumping? Corrie: No. Stiles: Oh, it is a different one. Since this property is in the Flood Plane they had to go through a similar process that Eagle Concrete Pumping went through. Does anyone up there have any recommendations? Stiles: So what do we do? Nichols: Mr. Mayor. Corrie: Mr. Nichols. Nichols: Given the lateness of the hour, and I realize the applicants have stuck through this to the bitter end, and I know you have an Executive Session you like to do. It is within the Council and Mayor's right to continue this hearing to the next meeting on March 6, 2001, and that would give staff a chance to have a copy of these recommendations or find the ones that have been sent over and also to have them in your packets. My recollection of this issue of the Flood Plane issue is not a simple five-minute issue. Stiles: It does not look like anything here is- Anderson: We do not have the information in front of us. I would hardly recommend that we do that because you do not want to be wrong here. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I hope this does not put you in too much of a bind if we have to delay it for a couple of weeks, but it is a very important findings. Unidentified: I guess I do not understand what information you are lacking is my question. Bird: We do not have the Findings of Facts, Recommendations, I mean. Corrie: They do not have the recommendation of Planning and Zoning. Nichols: Mr. Mayor and Members of Council and the applicant the other thing is by rule, the Council has the right to put off any Public Hearings once they go past 11 p.m. Meridian City Council Meeting. February 20, 2001 Pg.93 . Corrie: This is not a Public Hearing is it? This is not a Public Hearing Nichols: This is just the regular CUP application. Okay, I stand corrected it still needs to be discussed. It is not an easy issue because it is this Flood Plane overlay zone issue. Nichols: Mr. Mayor and Members of Council the only way a position statement could have been prepared is if somebody had a chance to look at this recommendation. Bird: So, somebody in Planning and Zoning had that? Nichols: It has been distributed. The position statement that is in your packet would be from the Planning and Zoning staff - I guess I should ask the applicant, if the applicant has seen this. Have you seen these? Unidentified: This was all the information we went through with the Planning and Zoning department in their original Planning and Zoning meeting. Nichols: What I just presented to you is the recommendation that is prepared by our office after the meeting after considering the testimony and the motion by the Planning and Zoning Commission. This is the recommendation and you should have received a copy of this at the same time that a copy was forwarded to the Council and Mayor. Unidentified: Then this page is just the exceptions to the- Nichols: That page that you are holding and just showed me is the position statement which reflects the Planning and Zoning staffs position on the recommendations that were included here. If there is anything in here that they disagree with or they think needs clarified at the Council level, they put together a position statement and set that up. Unidentified: You guys have not responded. We have not seen anything in writing from you. De Weerd: Yes, we have that application, but we just do not have what their position statement - Bird: That position statement is not his, that is from our staff that says - so they have seen those, but they have done something with them. Unidentified: How this position statement was arrived at I had a meeting with Steve prior to our Planning and Zoning meeting. He recommended that I make Meridian City Council Meeting. February 20, 2001 Pg.94 . these recommendations at Planning and Zoning so they would have those on record, and then they would go into the final draft. Anderson: Well, usually after you get the recommendations from Planning and Zoning the applicant responds in writing himself. Bird: You need to look it over and make sure you agree with all the recommendations and what you do not. Then you need to respond in writing just like the staff does. That is why normally- Anderson: You need to put in writing what you disagree with. Unidentified: I just find it odd. I talked to him a couple of times coming up this to vent and everything was done according to what they had instructed me to do. Anderson: They never told you anything about that you ought to respond? Unidentified: No, I talked with the Planning and Zoning twice after our hearing that we had with the Planning and Zoning group, and they said everything was in line, and then they just recommended that I pick up the packet from the Clerk's office. De Weerd: I apologize to you, you have stuck it out all this time, and we do not have all the proper stuff to help. Unidentified: That is very frustrating. De Weerd: Of course it is. I am really sorry. Unidentified: So what do we do from this point, though? I am on a time line I would like to keep for this project based on I have sold my other shop space. By setting it back two weeks, how much is that going to impact - my understanding is once we get through this process then there is probably a period for the Findings of Facts and Conclusions of Law to all be done and then you have to sign off on those? Then I do not know if there is another grace period after that. Nichols: Mr. Mayor? Corrie: Yes, Bill. Nichols: Mr. Mayor and members of Council clarify for the applicant - essentially you are looking at a month delay because here is what you are looking at. March 6, 2001 the Council takes this up and they have a complete copy of these recommendations, and you have them as well. Which ever way they vote on that proposal on that date then they direct me to prepare Findings of Facts and Conclusions of Law and Decision of Order, which by definition, I really cannot Meridian City Councii Meeting. February 20, 2001 Pg.95 . prepare until they have told me what they have decided. I will prepare those, and we usually have them done within a week or so, so that they are here. Our goal is to have them to the Clerk's office preferably by Wednesday but not any later than the Thursday before the Council meeting. That Council meeting would be March 20, 2001 so that everything is there. You would then get a copy of the proposed Findings of Facts and Conclusions of Law and so forth from the Clerk's office. If you have any disagreements with any of those things then you submit them in writing to the Clerk who distributes your position on those things to everyone on the Council as well as to me. Then the findings are on the Consent Agenda. If there are no objections to the proposed finding, nobody has any clarifications, nobody wants to look at it again it is on a Consent Agenda, and when the Consent Agenda is approved that is when the findings get signed by the Mayor and get tested by the Clerk. Is that the end, generally, it is? There is not a whole bunch of people that stuck it out here to testify here on your proposal, and so it is not likely that within 2B days after the findings are entered that somebody is going to petition for Judicial Review, but those are your time lines. Corrie: Well, Bill it sounds like he needs some instruction too as far as what he is supposed to do after he sees the findings because it does not sound like he is getting that direction. Nichols: When you get these recommendations which we will make sure you get a copy of these recommendations, you need to go through them. Now you already have a copy of Planning and Zoning staffs position statement on those findings. If you have any thing to add or even if all it is I agree with the Planning and Zoning staffs position statement then you do that in writing. If there is any other part of these recommendations that you disagree with, you need to say so in writing, saying I disagree with item whatever it is and list what those disagreements are. So, you are going to be getting this sooner rather than later, and when you get it you will have a chance to go through it. Unidentified: So on March 6, 2001, am I going to be first on the agenda, or where willi be? Willi be No. 1B again? Corrie: Typically, these things that are - it is kind of a rolling agenda, if it gets tabled. Now we put off - what did we table until the 6th? We tabled to the 6th just the Touchmark Development Agreement and that was it. Anderson: We tabled the Linder Crossing. Corrie: So you would be like the third item. De Weerd: This really dela¥,s you just two weeks, because you would not have had your findings until the 6 . This way you can review them as well and make Meridian City Council Meeting. February 20, 2001 Pg.96 . sure you know that we are all on the same page. You may want to testify on something else, who knows? I give you that opportunity which we appreciate. Unidentified: Okay, so there is nothing I can do? Anderson: We need to have your response on those recommendations. Corrie: Get them and get them back to us the 6th. Unidentified: So is someone from Planning and Zoning going to be in contact with me? Is that what will happen or what do I need to expect? Nichols: Mr. Berg will make sure you get a copy of these. Then if you have any issues on them you need to get a letter to Mr. Berg, and he will circulate your letter to everyone else. You can still talk to staff if you have some kind of question, Unidentified: Okay, so it goes through the clerk? Corrie: I need a request to table this until March 6, 2001. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move that we move the request for Conditional Use Permit for Big D Builders to March 6, 2001. Anderson: Second. Corrie: Motion made and seconded to table until March 6, 2001 the request for Conditional Use Permit, so the applicant can get his reply into us. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Item 19. FP 01-002 Final Plat approval of B2 + 2 existing single-family dwelling lots and 6 other lots on 43.33 acres for Observation Pointe Subdivision by Victory 41, LLC - north of Victory Road and east of Meridian Road: Corrie: Staff, comments on that one? Stiles: Mr. Mayor and members of Council we have previously sent a memo requesting tabling until March 6, 2001; however, that is not going to give us enough time to get our comments together and get any input back from Ada Meridian City Cauncii Meeting. February 20, 2001 Pg.gr . County Highway District. We would request it be continued until March 20, 2001, this is Observation Pointe that is south of Meridian Greens. The issue is where we had asked for some traffic calming and a condition of the approval was to specifically design this to make it not as much as through way. The Meridian Greens residents were concerned that there was going to be a lot of cut through traffic, through their subdivision. It is probably more going to be going this way, but until we get the details of that straightened out we would like this to be tabled until March 20, 2001. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I move that we continue this until March 20,2001. Anderson: Second. Corrie: Motion made and seconded to continue Item 19 until March 20,2001. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Item 21. Discussion of Locust Grove Overpass Corrie: Okay, Item 21, Locust Grove Overpass- Bird: I move we table that until next week. De Weerd: We cannot - do we want to recap that? Corrie: Not particularly. De Weerd: Mr. Mayor. Corrie: Okay, go ahead. De Weerd: At COMPASS today, we had a presentation from Pam Lowe at ITD about three items that are on their PO list and Locust Grove was one of them. She asked that COMPASS prioritize those three projects. One is at Franklin and Caldwell; one is at Franklin and Nampa, and the other one is our Locust Grove Overpass. So, it has been assigned to COMPASS executive board to do that. Now if we are not the No.1, and we do not get chosen, this is not even supposed to be scheduled until 2006, so it is going to be far after that. I just want to make sure to bring that to the attention of Council to see if there is any statement we want to send with the Mayor to his Executive Session on the COMPASS board to Meridian City Council Meeting.~- February 20, 2001 Pg.96 . support and to honor the commitment we have gotten from ITD that this is going to happen. Anderson: So are they making these commitments to other these people too? I mean I thought we had a contract that if we signed it said that this would be built. Is that all contingent upon whether they do these other things first? De Weerd: It is all contingent, its sounds like, by the priority that COMPASS gives these three items, and we do not fall to No.1, then we could continue to stay on PD. Anderson: How can COMPASS dictate the priority when this is an agreement between ITD, ACHD, and Meridian? De Weerd: Well, I believe that we have a pretty strong case, but who knows what they promised to Caldwell. Mayor Nancolas was sure that he was going to get his interchange too. They have put in local money as well. That was all of our concern, and we have commitments, as far as I know, they are in writing from Pam Lowe committing to 2.7 million dollars to the project. Anything that maybe we can do to support the Mayor's vote on COMPASS because he has to present our case. If we could solicit the police and fire comments too on how essential that overpass is going to be on our response time, and it is a safety issue. Anything our City can do to support that overpass at this point the Mayor does not have very much time. He has to get this material into COMPASS before Friday for the packet. Anderson: What about a letter from the School District commenting on their new high school and why that would be needed and then also from Jabil along with police and fire? De Weerd: Well, fortunately the Mayor has an appointment with Dave Bivens and Jabil tomorrow. I talked to Dave Winecoupe the President of the Board of Trustees, and he said that if the Mayor request that he write a letter he would be more than happy to. I know that ACHD will be meeting on it tomorrow because they will be trying to pull a compelling case together too. They certainly recognize the need of it, but I think if our safety services puts in their comments along with City Council, the School District, and everyone who supports and sees the urgency of this project, it needs to be done now. Corrie: I do not know what they have said to these other two projects, but as far as I am concerned we have got a letter that committed 2.7 million dollars. Then they are coming back and saying we do not have it to do. Well, they did it they put it writing. That is going to be one of my contentions, plus the school and Jabil. Meridian City Council Meetlng.~ February 20, 2001 Pg.99 . Anderson: They did not say anything about this offer is contingent upon COMPASS placing priority on this project. Corrie: And of course COMPASS does not the authority to place - Bird: That is what I was wondering. Where is COMPASS coming from? Nichols: Mr. Mayor and members of Council I was privileged to be at that meeting today waiting my turn, and this is just a casual observers comment. I think ITD is trying to play three ends against the middle through COMPASS, and I am not sure it need be that way. Corrie: Okay, I will take that on record. Nichols: Mr. Mayor? Corrie: Yes. Nichols: Was the water, sewer, and trash delinquencies to be - Corrie: No. Nichols: They are not on tonight? Corrie: No that should not have been on there. Nichols: Oh, okay thank you. Corrie: The executive meeting, I suppose we could have it right here. We need a motion to go into Executive Session. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move we go on to the Executive Session as per Idaho State code 67-243 and I believe C. Corrie: Is there a second? Anderson: Second. Corrie: Okay, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Meridian City Council Meeting.' February 20, 2001 Pg.100 . (Meeting reconvenes from Executive Session) Bird: Nothing was decided? Corrie: No. Bird: I move we come out of Executive Session. De Weerd: Second. Corrie: Motion made and seconded to come out of Executive Session. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: All ayes, I will entertain a motion to adjourn. De Weerd: Oh, Mr. Mayor what is the update on the Finance Director? I am sorry, but I really think we need to find a director. What is the time frame on that? Corrie: We have got all of the people now. We are getting the final five, and we are looking at getting Ken Harwood, and Mr. Bird, myself, and Pauline and we will send the letters out this next week, maybe this week to have them coming in for the interview. I think we - did you get a letter of all those people? Bird: Yes. Corrie: Did you give that back to Pauline, your recommendation of your five? Bird: I think I did, yes. Corrie: Okay, as soon as we get that on line. De Weerd: In a couple weeks? Corrie: Yes. Bird: He is not going to get hired for another month. Corrie: Can I have a second? Bird: I second. Corrie: All in favor say aye. Meridian City Council MeetlngA February 20, 2001 . Pg.101 .- MOTION CARRIED: ALL AYES Corrie: Closed at 12:20 p,m. MEETING ADJOURNED AT 12:20 P.M, (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: f BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A TEMPORARY SALES & INFORMATION TRAILER IN A R~4 ZONE AT ASHFORD GREENS #4, MERIDIAN, IDAHO BRIGHTON CORPORATION APPLICANT. ClC 02-06-01 Case No. CUP~OO-050 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on February 6, 2001, at the hour of 7 :30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing on behalf of the Applicant was David Turnbull, and no one appeared in opposition, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY BRIGHTON CORPORATION / ASHFORD GREENS #4 ZONED R-4/ (CUP-OO-OSO) - 1 City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for February 6,200 I, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the 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 at the February 6, 200 I, public hearing; and the applicant, affected property owners, and government subdivisions providing 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, 6512, and Meridian City Code ss II-15-5 and II-I? -5 as evidenced by the Mfidavit of Mailing, and the Mfidavit of Publication and Proof of Posting filed with the staff report. 3. The property is located at 2481 N. Waggle Place, Meridian, Idaho. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY BRIGHTON CORPORATION / ASHFORD GREENS #4 ZONED R-4! (CUP-OO-OSO) - 2 4. The owner of record of the subject property is Brighton Corp. of Boise. 5. Applicant is owner of record. 6. The subject property is currently zoned R-4. The zoning district of R-4 is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. c. 7. The proposed application requests a conditional use permit for a sales and project information office in a temporary trailer. The R-4 zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 8. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 9. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 10. The Meridian City Council takes judicial notice ofits Zoning, Subdivision and Development Ordinances codified at Titles II and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. II. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY BRIGHTON CORPORATION / ASHFORD GREENS #4 ZONED R-4! (CUP-OO-050) - 3 facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian: Adopt the Recommendations of Planning and Zoning and Engineering Staff as follows: 11.1 A building permit for the temporary building shall be obtained through Meridian's Building Department prior to placing the trailer on the lot. 11.2 Applicant is requesting sanitary sewer service for the proposed use. 11.3 The Applicant is requesting a hook-up to domestic water for the trailer. An assessment for water service shall be determined during the building permit application process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. II.4 In accordance with City Ordinance II-13-4.B.2., underground year-round pressurized irrigation must be provided to all landscape areas on site. Applicant shall submit hook-up and design details based on the proposed landscaping. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the landscaped areas. 11.5 Applicant shall provide the Public Works and Fire Departments with information on the method of fire protection to be used for the trailer. 11.6 The trailer shall not be placed anywhere within tl1e front 20' setback of the lot. II.? The Applicant is not proposing any off-street parking to serve the temporary trailer. The on-street parking shall be closely monitored by Brighton Corporation and the City. No obstruction of the N. Waggle Place right-of- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY BRIGHTON CORPORATION! ASHFORD GREENS #4 ZONED R-4/ (CUP-OO-OSO) - 4 way is permitted and parking for the trailer shall be restricted to the west side of Waggle Place. 11.8 Landscaping is required within the 20-foot front setback area of the lot. The area of the lot behind the trailer shall be kept free from weeds or other potential fire hazards at all times. 11.9 A maximum time frame needs to be established for allowing use of temporary trailers. The application does not request or provide an estimated time frame for the proposed use. An initial 12 month time frame is permitted. If Brighton Corporation requires an extension of this permitted period, then applicant shall submit a status of their plans to the P&Z Department after 12 months of operation (starting from date of occupancy). City Council must approve of any time extension beyond 18 months via a modification of the CUP. This time frame shall apply to a single lot, not a combination of all future lots for the trailer use. 11.10 Applicant requests to site the same trailer (or a trailer of the same construction and dimensions) under the above-stated conditions at other locations within future Ashford Greens Subdivision phases without a CUP modification. A new site plan and building permit for all future trailer locations shall be submitted to the City for each future location, but a CUP shall not be required for each future trailer. 11.11 Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section llw13-4.C. 11.12 Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 11.13 All trash and/or garbage collection areas shall be enclosed on at least three (3) sides in accordance with City Ordinance Section lI-12-1.C. Coordinate trash enclosure locations and construction requirements with Sanitary Service Company (SSC) and provide a letter of approval from SSC to the Planning & Zoning Department prior to applying for building permits. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY BRIGHTON CORPORATION / ASHFORD GREENS #4 ZONED R-4! (CUP-OO-050) - 5 11.14 All signage shall be in accordance with the standards set forth in Section 11 ~ 14 of the City Zoning and Development Ordinance. 11.15 All construction shall conform to the requirements of the Americans with Disabilities Act. Adopt the Recommendations of the Ada County Highway District as follows: 11.16 The ACHD shall not hear this project unless the site plan is changed in such a manner as to require Commission review. 11.17 ACHD policy requires that before any improvements of any kind are constructed or installed within the public right-of-way, a permit or license agreement permitting the improvements shall be obtained. 11.18 All future design plans and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived in writing by the District. 12. The proposed uses within the subject application will be harmonious with and in accordance with the Meridian Comprehensive Plan and the City of Meridian Zoning and Development Ordinance because: 12.1 The subject property is designated on the "Generalized Land Use Map" as "Existing Urban". 13. The uses proposed within the subject application subject to the conditions herein ordered will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance or intended character of the general vicinity and that such uses will not change the intended essential cl1aracter of the same area. 14. The uses proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. FINDINGS OF PACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY BRIGHTON CORPORATION / ASHFORD GREENS #4 ZONED R-4/ (CUP-OO-050) - 6 IS. The uses proposed within the subject application will be served adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer. 16. The uses proposed within the subject application will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 17. The development will not result in the destruction, loss or damage of natural or scenic feature of major importance relating to the property. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.c. s67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67- 6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY BRIGHTON CORPORATION / ASHFORD GREENS #4 ZONED R-4/ (CUP-OO-OSO) . 7 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special ancl/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use penuit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code S 11-17-3) a. Will, in fact, constitute a conditional use as determined by City policy; b. Will be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; d. Will not be hazardous or disturbing to existing or future neighboring uses; e. vVill be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; f. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY BRIGHTON CORPORATION / ASHFORD GREENS #4 ZONED R-4/ (CUP-OO-OSO) - 8 g. YVill not involve uses, actIVItIes, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 5. Prior to granting a conditional use permit in a Low Density Residential District (R-4), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code S II-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY BRIGHTON CORPORATION / ASHFORD GREENS #4 ZONED R-4/ (CUP-OO-050) - 9 Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code S 11-17-6) 7. When the City Council approves a conditional use pennit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 21, 1993, Ord. 629, January 4, 1994 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS 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: I. That the above named applicant is granted a conditional use permit for FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY BRIGHTON CORPORATION / ASHFORD GREENS #4 ZONED R-4/ (CUP-OO.050) - 10 a sales and project information office in a temporary trailer in Ashford Greens #4 Subdivision, subject to the following conditions of use and development: Adopt the Recommendations of Planning and Zoning and Engineering Staff as follows: 1.1 A building permit for the temporary building shall be obtained through Meridian's Building Department prior to placing the trailer on the lot. 1.2 Applicant is requesting sanitary sewer service for the proposed use. 1.3 The Applicant is requesting a hook~up to domestic water for the trailer. An assessment for water service shall be determined during the building permit application process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. 1.4 In accordance with City Ordinance II-13-4.B.2., underground year-round pressurized irrigation must be provided to all landscape areas on site. Applicant shall submit hook-up and design details based on the proposed landscaping. Applicant shall be required to utilize any existing surface orwell water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the landscaped areas. 1.5 Applicant shall provide the Public Works and Fire Departments with information on the method of fire protection to be used for the trailer. 1.6 The trailer shall not be placed anywhere within the front 20' setback of the lot. 1.7 The Applicant is not proposing any off-street parking to serve the temporary trailer. The on~street parking shall be closely monitored by Brighton Corporation and the City. No obstruction of the N. Waggle Place right-of- way is permitted and parking for the trailer shall be restricted to the west side of Waggle Place. 1.8 Landscaping is required within the 20-foot front setback area of the lot. The area of the lot behind the trailer shall be kept free from weeds or other potential fire hazards at all times. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY BRIGHTON CORPORATION / ASHFORD GREENS #4 ZONED R-4! (CUP-OO-050) - 11 1.9 A maximum time frame needs to be established for allowing use of temporary trailers. The application does not request or provide an estimated time frame for the proposed use. An initial 12 month time frame is permitted. If Brighton Corporation requires an extension of this permitted period, then applicant shall submit a status of their plans to the P&Z Department after 12 months of operation (starting from date of occupancy). City Council must approve of any time extension beyond 18 months via a modification of the CUP. This time frame shall apply to a single lot, not a combination of all future lots for the trailer use. 1.10 Applicant requests to site the same trailer (or a trailer of the same construction and dimensions) under the above-stated conditions at other locations within future Ashford Greens Subdivision phases without a CUP modification. A new site plan and building permit for all future trailer locations shall be submitted to the City for each future location, but a CUP shall not be required for each future trailer. 1.11 Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section II-I3-4.C. 1.12 Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 1.13 All trash and/or garbage collection areas shall be enclosed on at least three (3) sides in accordance with City Ordinance Section 1I-I2-1.C. Coordinate trash enclosure locations and construction requirements with Sanitary Service Company (SSC) and provide a letter of approval from SSC to the Planning & Zoning Department prior to applying for building permits. 1.14 All signage shall be in accordance with the standards set forth in Section 11- 14 of the City Zoning and Development Ordinance. 1.15 All construction shall conform to the requirements of the Americans with Disabilities Act. Adopt the Recommendations of the Ada County Highway District as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDiTIONAL USE PERMIT BY BRIGHTON CORPORATION / ASHFORD GREENS #4 ZONED R.4! (CUP-OO-OSO) - 12 1.16 The ACHD shall not hear this project unless the site plan is changed in such a manner as to require Commission review. 1.17 ACHD policy requires that before any improvements of any kind are constructed or installed within the public right-of-way, a permit or license agreement permitting the improvements shall be obtained. 1.18 All future design plans and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived in writing by the District. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code S II-I7-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit may within twenty-eight (28) days after the date of this FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY BRIGHTON CORPORATION / ASHFORD GREENS #4 ZONED R-4/ (CUP-OO.050) - 13 decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 2D t6.- day of F.ebt-utf..--L j , 200 I. ROLL CALL: COUNCILMAN RON ANDERSON VOTED~ COUNCILMAN KEITH BIRD VOTED$.1.-- COUNCILWOMAN TAMMY deWEERD VOTED~tZ.... COUNCILWOMAN CHERlE McCANDLESS VOTED-f/t!-L MAYOR ROBERT D. CORRlE (TIE BREAKER) VOTED-=- DATED: 2--20'-01 MOTION: APPROVED:~ DISAPPROVED:_ Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. Bydl~~k, Pv City Clerk if Dated: J-Z()-tJ! msglZ:\ W or k\M\Meri dian\Meri di an 15360 M\Ashford Gms #4 CUP05 O\CUPFi nd i ngs050 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY BRIGHTON CORPORATION / ASHFORD GREENS #4 ZONED R-4/ (CUP-OO-OSO) - 14 BEFORE THE MERIDIAN CITY COUNCIL C/C 02-06-0 I IN THE MATTER OF THE APPLICATION OF BRIGHTON CORPORATION, FOR A CONDITIONAL USE PERMIT FOR A TEMPORARY SALES & INFORMATION TRAILER IN A R~4 ZONE AT ASHFORD GREENS #4, MERIDIAN, IDAHO CASE NO. CUP~OO~050 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on the 6TH day of February, 200 I, under the provisions of Meridian City Code S 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: I. That the Applicant of the property is granted a conditional use permit for a sales and project information office in a temporary trailer in Ashford Greens #4 Subdivision, the proposed application request of a conditional use permit for the maintenance and use for a sales and project information office in a temporary trailer in Ashford Greens #4 Subdivision, as described in the attached Exhibit "A" and incorporated herein, and consisting of four (4) pages, by Brighton Corporation, developer, for the development of the aforementioned sales and project information office in a temporary trailer in Ashford Greens #4 Subdivision, and which property is described as: ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - BY BRIGHTON CORPORATION FOR TEMPORARY TRAILER IN ASHFORD GREENS #4 SUBDIVISION / CUP.OO-050 PAGE 1 OF 5 Lot 3, Block 19, Ashford Greens No.4, a subdivision located in the SW 1/4 of the NW 1/4 and the NW 1/4 of the SW 1/4, Section 3, T3N, Rl W, B.M., Meridian, Ada County, Idaho (N. Waggle Place) 2. That the above named applicant is granted a conditional use permit for a sales and project information office in a temporary trailer in Ashford Greens #4, located at 2481 N. Waggle Place, Meridian, Idaho, subject to the following conditions of use and development: Adopt the Recommendations of Planning and Zoning and Engineering Staff as follows: 2.1 A building permit for the temporary building shall be obtained through Meridian's Building Department prior to placing the trailer on the lot. 2.2 Applicant is requesting sanitary sewer service for the proposed use. 2.3 The Applicant is requesting a hook-up to domestic water for the trailer. An assessment for water service shall be determined during the building permit application process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. 2.4 In accordance with City Ordinance II-13-4.B.2., underground year~ round pressurized irrigation must be provided to all landscape areas on site. Applicant shall submit hook-up and design details based on the proposed landscaping. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the landscaped areas. 2.5 Applicant shall provide the Public Works and Fire Departments with information on the method of fire protection to be used for the trailer. 2.6 The trailer shall not be placed anywhere within the front 20' setback of the lot. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - BY BRIGHTON CORPORATION FOR TEMPORARY TRAILER IN ASHFORD GREENS #4 SUBDIVISION! CUP-OO-050 PAGE20F5 2.7 The Applicant is not proposing any off-street parking to serve the temporary trailer. The on-street parking shall be closely monitored by Brighton Corporation and the City. No obstruction of the N. Waggle Place right-of-way is permitted and parking for the trailer shall be restricted to the west side of Waggle Place. 2.8 Landscaping is required within the 20Mfoot front setback area of the lot. The area of the lot behind the trailer shall be kept free from weeds or other potential fire hazards at all times. 2.9 A maximum time frame needs to be established for allowing use of temporary trailers. The application does not request or provide an estimated time frame for the proposed use. An initial 12 month time frame is permitted. If Brighton Corporation requires an extension of this permitted period, then applicant shall submit a status of their plans to the P&Z Department after 12 months of operation (starting from date of occupancy). City Council must approve of any time extension beyond 18 months via a modification of the CUP. This time frame shall apply to a single lot, not a combination of all future lots for the trailer use. 2.10 Applicant requests to site the same trailer (or a trailer of the same construction and dimensions) under the above-stated conditions at other locations within future Ashford Greens Subdivision phases without a CUP modification. A new site plan and building permit for all future trailer locations shall be submitted to the City for each future location, but a CUP shall not be required for each future trailer. 2.11 Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-I3-4.C. 2.12 Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 9MIM4 and 9-4-8. Wells may be used for nonMdomestic purposes such as landscape irrigation. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - BY BRIGHTON CORPORA nON FOR TEMPORARY TRAILER IN ASHFORD GREENS #4 SUBDIVISION / CUP-OO-050 PAGE 3 OF 5 2.13 All trash and/or garbage collection areas shall be enclosed on at least three (3) sides in accordance with City Ordinance Section Il-12-1.C. Coordinate trash enclosure locations and construction requirements with Sanitary Service Company (SSC) and provide a letter of approval from SSC to the Planning & Zoning Department prior to applying for building permits. 2.14 All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. 2.15 All construction shall conform to the requirements of the Americans with Disabilities Act. Adopt the Recommendations of the Ada County Highway District as follows: 2.16 The ACHD shall not hear this project unless the site plan is changed in such a manner as to require Commission review. 2.17 ACHD policy requires that before any improvements of any kind are constructed or installed within the public right-of-way, a permit or license agreement permitting the improvements shall be obtained. 2.18 All future design plans and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived in writing by the District. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT- BY BRIGHTON CORPORATION FOR TEMPORARY TRAILER IN ASHFORD GREENS #4 SUBDIVISION / CUP-OO-050 PAGE40F5 By action of the City Council at its regular meeting held on the Rbru~ ,2001 2D I:b- day of Robert D. Corrie, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. Bvdk~4 ~~ City Clerk f/ Dated: ;2--20.-tJ( msg/Z:\Work\M\Meridian\Meridian 15360M\Ashford Oms #4 CUP050\CUPOrder050 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT- BY BRIGHTON CORPORATION FOR TEMPORARY TRAILER IN ASHFORD GREENS #4 SUBDIVISION / CUP-OO-050 PAGE50F5 -pv-opos....d CL! P tor s.::,l~s ~ -pyojed- ot't1c-e.. ct...+ A~h~y-d Gv-eeVlS Uk~./?" . - /)>e=&, . g 11/ f,r., ~~_ ../ . ~~l'<f~~:_ · ~f t :L f j !~ ' i~ \ Ii .i.. Ie I -I'- N '<t" ~. <.::( -J n.. W " -.J c..? " <: I ~ U I.~~ IV\ ..1.1. I ~".LJCI 1'1 i)~ o Id w ro~ I ~ ,Og' L~ L ~ M ,,~~,LZ.68 N 1 JM Z LO't ~ co Q ~~ I~ v ~ ~ Ia] 1 ct:z. 0::. e ,09.80 L :3 "~~JZ.69 S OM ~ ~ ~ o\:l ...12'1:! ~....... ... l~ ~~ ~ o Ill! ~~i~. ~ ~1i~ ~ .~ E ~ :; ri\ I{~ ~ ~ ~. l!~H ~ " en N cO co N I~ ~I () ~ID N1: w Or--. N .co n o o Z I' I 10. Site Plan. Site Plan Information o Building Location. The building is proposed to be a trailer less than 500 square feet in size. The maximum size is 10' X 44'. It will be sited on the lot so that it falls within the allowed setbacks in the R-4 zone. o Parking and Loading areas. No parking or loading areas will be located on the site. All parking will occur on the street. o Landscape plan. A landscape plan is not provided at this time. The setback area between the temporary office and the sidewalk will be landscaped in a fashion similar to the single family residences. o Utilities. A temporary hook-up for both power and telephone will occur. No sanitary sewer connection will be made. All drainage will be maintained on site. Conditional Use Permitfor Sales and Project Information Office at Ashford Greens / / 10. Site Plan. (Supplement) 10.i. Signage. We will have a sign on the lot. Its final elevation has not been determined. However, its size will be approximately 4' X 6', and will be consistent with other signage throughout the Ashford Greens community. IO.k. Trailer rendering. A photocopy of the trailer from the manufacturer is attached to this supplement. 10.1. Construction materials. The office will be modified to look like a small home so that it is consistent with the built neighborhood. Improvements to be made include: Horizontal masonite siding All doors and windows to be trimmed The temporary office will be painted like a residential home Doors Body Trim The office will be placed on the site so that the inside finished floor will be within a few inches of the outside finished grade. CondWonal Use Permitfor Sales and Project Information Office at Ashford Greens N February 16,2001 Department Report MERIDIAN CITY COUNCIL MEETING February 20,2001 APPLICANT Public Works Department - Gary Smith ITEM NO. 4-B-2 REQUEST Change Orders No.5 and 6 for the WWTP Digester and Clarifier Facilities AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS See attached ~ ~~ ~ j2)? 1 Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. City of Meridian Public Works ~ept. Mem CITY OF MERIDIAN CITY CLERK OFFICE To: Mayor and Council From: Brad Watson, P.E. ,&0 cc: FHe, Gary Smith, PE, Bill Nichols Date: 02116/01 Re: WWTP Digester & Clarifier Facilities I am requesting that the following items be placed on the City Council agenda for its February 20 meeting: Wastewater .Treatment Plant Diae~ter & Clarifier Facilities Proiect - Chanae Orders #5 & #6 Change Order No. 5 is for an increase of $37,308.98 to the $3,166,266.20 contract and involves 19 work items. Also included is a time extension of 16 days. Recommended Council Action: Approve Change Order No.5 for the Wastewater Treatment Plant Digester & Clarifier Facilities Project in the additional amount of $37,308.98 including a contract time extension of 16 days. A bound volume of 100 to 150 pages of supporting documentation for Change Order #5 is available for review at my offICe. Change Order No. 6 is a no-cost change order granting 45 additional days to the contract. This extension is conditioned upon the Contractor, Turn-Key, accepting the tenns of separate project c1ose..out agreement. This separate agreement, which has been forwarded to Bill Nichols for review and commen~ revises the contract end time and states that Turn-Key will not pursue extended overhead claims against the City for a 7-day delay caused by discovery of and inadequate, existing natural gas line in JUly of 2000. Recommended Council Action: From the desk oL Approve Change Order No. 6 for the the Wastewater Treatment Plant Digester & Clarifier Facilities Project granting an additional 45 days to the contract time, Brad Watson, P.E. Assis!llnt City Engineer Meridian Public Wori<s Department 200 E. Carlton St, Suite 100 Meridian, Idaho 83642-2600 (208) 887-2211 Fax: (208)887-1297 watsonb@ci.meridian.idus . Page 1 conditioned upon Turn-Key accepting the terms of a separate project close-out agreement to not pursue extended overhead claim against the City. Thank you for your consideration. Please call Gary Smith or me if you have any questions or need additional infonnation. . Page 2 CHANGE ORDER No. PROJECT: Dioester and Clarifier Facilities DATE: 01/29/01 OWNER: City of Meridian Idaho NAME & ADDRESS: City of Meridian 33 East Idaho Meridian, Idaho 83642 CONTRACTOR: Turnkev Inc. ENGINEER: Keller Associates Inc. ENGINEER'S PROJECT NO. 197040 You are directed to make the following changes in the Contract Documents. Description:See attached Purpose of Change Order:See attached Change Order (Rev 4/89) 19704011/00-777 I , CHANGE IN CONTRACT PRICE: I Original Contract Price: Previous Change Orders No.-L I to No. --4.. Contract Price prior to this I Change Order Net (Increase/Decrease) of this I Change Order Contract Price with aU approved I Change Orders I CHANGE IN CONTRACT TIME: I Original Contract Time: I Net change from previous Change Orders I Contract Time prior to this Change Order I Net ~ecrease) of this Change Order I Contract Time with all approved Change Orders 3 114996.00 51 270.20 3 166 266.20 37 308.98 3203575.18 365 calendar davs 73 438 23 461 RECOMMENDED: .6)~ '>O~ ENGINEER //31/0/ APPROVED: OWNER APPROVED: CONTRACTOR ~~ /0 f 197040/1/00. n7 Change Order (Rev 4/89) I I ~ 1 , I I I I I I I I I I CHANGE ORDER NO.5 CITY OF MERIDIAN DIGESTER AND CLARIFIER FACILITIES January 29, 2001 PROPOSED CHANGES AND JUSTIFICATION Item 5-1 Add Fixed Cover Seal Plates and Sealant $8 146.99 Upon placement of the new thermophilic digester fixed covers, it was found that the existing digester concrete was significantly "out of round" in numerous locations. This resulted in large gaps that need to be closed with additional welded steel plates so that the covers could be properly sealed around the periphery. In addition, a temporary high temperature caulking had to be applied to the plate/wall interface inside the digester to prevent the specified hot mix asphalt permanent seal from leaking through during application. Item 5-2 West Di2:ester Pioe Soool Seal $1 827.35 The pipe spool through the wall of the west thermophilic digester was originally placed in the existing pipe specs as shown with link seal and grout. However, due to its close proximity to the floor slab, would not line up with new downstream piping spool and valve flanges extending to the east thermophilic digester. Rather than cut the floor slab to provide room for 8-9 flanges, the spool was offset and sealed with a cementious epoxy sealant. Item 5-3 Modify Waste Gas Burner Access $1 828.14 The waste gas burner vault was provided with a bolted fixed aluminum plate cover to allow operator access for emptying the drip traps. At the request of plant staff the cover was modified to a double hinged cover with lock so that access would be facilitated. This also requireCl relocation of electrical conduit, which interfered with the hinged access plate. Item 5-4 Add 4-inch Check Valve $ 974.90 The hot water piping to the heat exchangers showed a 4-inch plug valve to be installed. The valve should have been shown as a check valve for proper system operation. A check valve was installed and the City retained the 4-inch plug valve for other use. [tern 5-5 Revise Thermoohilic Di2:ester Dome Assemblies $3926.20 The Thermophilic digester dome assemblies (2) shown on Sheet T -4 consist of pressure relief and vacuum breaker, flame arrestor, and assembly isolation valves. The digester gas train was provided with a single isolation valve downstream for both tanks. Plant staff pointed out that they would not be able'to separately isolate the gas drawoff from each digester. As a result, the above assemblies were relocated to the side of the dome all~wing those safety appurtenances to remain in operation, and separate isolation valves were added to each digester. 197040/1 f01.Q25 - , ~ 1 , t I I I , I I I I I [ t Item 5-6 Revise Meter Structure Weir Plate $3 770.36 The weir plate elevation for the meter structure had to be placed based on theoretical calculations and tight upstream and downstream hydraulic constraints. Upon placing the structure into operation it was apparent that the estimated elevation of the weir plate was not high enough for unsubmerged flow and accurate flow measurement. As a result, a larger plate was required and was placed at a higher elevation for accurate bead and flow measurement. Item 5-7 Add Valve Access Manholes $3 300.34 Three new plug valves were shown to be buried under the pavement near the digester building with valve boxes and stems to grade. Plant staff requested that permanent access be provided to these valves without having to tear up the pavement. As a result, three 36-inch CMP manholes with traffic rated covers were placed around the valves. Concrete wall support was added internally and externally to support the CMP shelL Item 5-8 Road Backfill at Digester $2427.47 The new road grade around the new digester was being prepared for paving when a digester sludge overflow occurred. The sludge contaminated the roadway materials which had to be removed, replaced with imported pitrun road base material, and recompacted. Item 5-9 Pressure Gauge and Switch Relocation $490.98 The meso sludge pump was provided with a pressure gauge and switch upstream of its isolation plug valve, in event of line blockage to shutdown the pump. The gauge and switch were relocated downstream of the isolation valve to also shutdown the pump if the valve was accidentally closed. Item 5-10 Revise Dil.!ester Bldg. Ladder $615.83 The ladder detail as shown on Sheet MD-6 required mounting the ladder at the top of the digester building wall. The roof fascia interfered and would not allow mounting the ladder as shown. As a result, the mounting brackets and top mounting were revised to allow clearance from the fascia and support for mounting through the fascia to the top of the walL Item 5-11 Seal Water Assemblv Credit ($-582.00) The two new axial flow sludge pumps did not require seal water assemblies and were deleted. ELECTRICAL 5E-l Add Temoerature Sensor Panel $ 802.68 The thermophilic digester sludge temperature is monitored by the temperature sensor shown in the sludge piping at the heat exchanger. This sensor was to provide a signal to a controller panel, which was inadvertently not shown or specified. As a result, the panel needed to be added. 197040/1/01-025 I I I I I I I I I r I I I I 5E-2 Existin!2: Exhaust Fan Electrical Provisions $ 716.47 An existing thermostat required relocation and a new on-off switch added for an existing exhaust fan to allow room for the new variable frequency drive installation. The VFD unit was larger than anticipated and existing electrical facilities were revised as indicated above. 5E-3 Add Clarifier Remote Push Buttons $ 337.92 Start/stop push buttons plus internal wiring were added to the front of the remote control panel for the new secondary clarifier to allow drive operation from the side of the clarifier as desired by plant staff. 5E-4 Add Unit Heater Bucket and Breaker $1 721.84 The unit electric heater electrical bucket and breaker were not shown on the single line diagram and were left out of the Contractor's bid. The bucket and breaker were installed to provide operation of the electrical unit heater. 5E-5 Miscellaneous PLC Revisions $4 078.66 Upon review of the PLCIMMI shop drawings it was determined that a number or modifications to the design were necessary, some of which involved credits and some increases. See the attached sheets for changes made and costs/credits for each item. 5E-6 Extend Wirine: Mech. BIde:. to Blower Handhole $3 671.84 Aeration system monitoring wiring was installed to a below grade handhole on a previous project. To pick up these monitoring signals, wiring and conduit needed to be extended from the northeast comer of the post aeration basin to the blower handhole. Some of this conduit could simply be laid in trenching provided under this contract while some wiring had to be laid in hand dug trenches through an area congested with existing utilities. 5E-7 Add Relavs and Revise Alarm Wirin!:! $1 417.01 The existing primary clarifiers I & 2 and sludge thickener did not have adequate contacts and relays for the PLC monitoring system and new relays and contacts were added. In addition, the alarm lights into MCC-9 were shown in opposite configuration on the drawings, as required, and wiring had to be reversed. 5E-8 Shorten Di!2:ester and Li!2:htine: Wiring: ($-2 164.00) Three 2-inch conduit runs were rerouted and shortened by 60 feet to the digester building and one I-inch conduit run was shortened by ISO-feet to a pole light at the headworks. 197040/1/01-025 TIME EXTENSION Following is change order work that is considered to have impacted the project critical path and the recommended time extension. Item 5-1 5-5 Descriotion Seal digester roof system Thermophilic digester dome revisions Extension 14 calendar days 2 calendar days In addition, per the attached letter, Turnkey was delayed 7 calendar days while new gas piping and gas meter were installed. In summary, a time extension of23 calendar days is recommended for the above revisions. 197040/1/01-025 CHANGE ORDER No.~ PROJECT: Dioester and, Clarifier Facilities DATE: 2/1/01 OWNER: City of Meridian Idaho NAME & ADDRESS: City of Meridian 33 East Idaho Meridian, Idaho 83642 CONTRACTOR: Turn-key Inc. ENGINEER: Keller Associates Inc. ENGINEER'S PROJECT NO. 197040 You are directed to make the following changes in the Contract Documents. Description: Time Extension Only - No Cost Chanoe Purpose of Change Order. See attached 19704011/00..777 Change Order (Rev 4/89) CHANGE IN CONTRACT PRICE: Original Contract Price: Previous Change Orders No.-L to No. -2. Contract Price prior to this Change Order Net (Increase/Decrease) of this Change Order Contract Price with all approved Change Orders CHANGE IN CONTRACT TIME: Original Contract Time: Net change from previous Change Orders Contract Time prior to this Change Order Net ~Decrease) of this . Change Order Contract Time with all approved Change Orders RECOMMENDED: APPROVED: APPROVED: 19704011/00-777 3 114.996.00 88579.18 3203575.18 3 203 575.1 365 calendar davs 96 461 45 506 ENGINEER OWNER CONTRACTOR Change Order (Rev 4/89) CHANGE ORDER NO. 6 CITY OF :MERIDIAi'l DIGESTER AND" CLARIFIER FACILITIES February 1, 2001 Time Extension Time extension requests on several change order items for Change Order Nos. 4 and 5 were WlTesolved at the time those change orders were approved. It is recommended time extensions be allowed for the following previous change order items: Item 4-2 4-3 4-4 4-5 4-6 4-7 5-2 5-3 5-6 "5-7 5E-l Descriotion Add Hot Water Isolation Valves Relocate Digester Overflow Line Add Expansion Tank Bracing Add NPW Pump Platform & Piping Valve Box & Digester Piping Mods Waste Gas Burner Additions West Digester Pipe Spool Seal Modify Waste Gas Burner Access Revise Meter Structure Weir Plate Add Valve Access Manholes Add Temp Sensor Panel Total Working Days Equivalent Calendar days Extensibn Allowed 4 days 3 days 1 day 3 days 2 days 5 days 2 days 2 days 3 days" 5 days ~ 32 45 A total time extension of 45 calendar days is recommended. This extension results in a revised Project Substantial Completion Date of November 1, 2000. 19704011/01-027 CITY OF MERIDIAN DIGESTER/CLAIRFIER PROJECT CONSTRUCTION COST SUMMARY RECEIVED 2 0 2001 CITY OF MERIDIAN I. BID SUMMARY Contractor Bid Amount Difference Turn-key $3,114,996 Trammels 3,181,321 66,325 Bodell 3,319,408 204,412 Engineers Estimate 3,189,500 74,504 II. CURRENT PROJECT STATUS Item City Request Needed Additions Total Change Order 1 11,604 11,604 Change Order 2 $6,100 6,963 13,063 Change Order 3 8,511 8,511 Change Order 4 3,100 14,992 18,092 Change Order 5 8400 28 909 37 309 TOTALS 17,600 70,979 88,579 % Change Orders 0.6 2.2 2.8 Original Bid 3 114 996 3 114996 TOTAL PROJECT COST 3,186,784 3,203,575 % COMPLETE STATUS 97.5% BEFORE THE CITY COUNCIL OF THE CITY OF .MERIDIAN 02-06-01 IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR DEVLIN PLACE SUBDIVISION NO.2 Case No. PP-OOw025 BY: DAN WOOD1 OWNER1 JUB ENGINEERS1 APPLICANT. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on February 6120011 and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing on behalf of the Applicant was Daren Fluke, JUB Engineers, and no one appeared in opposition, and the City Council having received a report from Bruce Freckleton1 Engineering Technician III1 and Steve Siddoway, Planner, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission and the applicant having submitted the "Preliminary Engineering Conceptual Plan, DEVLIN PLACE SUBDIVISION NO.2, Preliminary Plat located in the SW 1/41 Section 2, T. 3N., R. 1 W, B.M., Meridian, Ada County, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT DAN WOOD, OWNER JUB ENGINEERS, APPLICANT I FOR DEVLIN PLACE SUB. NO.2 / (PP-OO-025) - I Idaho, Drawn By: JPM, Design By: MLV, Checked By: GAL1 Project No. 11687, Sheet 1 of 2, handwritten date of: 9-19-00, PRELIMINARY PLANS NOT FOR CONSTRUCTION, JUB ENGINEERS, INC., Engineers1 for DEVLIN PLACE SUBDIVISION NO.2," submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code S 12-3-3. Therefore the City Council makes the following findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Comprehensive Plan and Map, adopted December 211 1993, and the property is presently zoned Low Density Residential District (R- 4), and requires connection to the Municipal Water and Sewer System. [Meridian City Code S 11-7-2 C.] 2. The preliminary plat is in conformance with the Comprehensive Plan City of Meridian adopted December 21, 1993, Ordinance No. 629. 3. It is determined that Urban Services can be made available to accommodate the proposed development if the plat complies with the requirements FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT DAN WOOD, OWNER JUB ENGINEERS, APPLICANT 1 FOR DEVLIN PLACE SUB. NO. 21 (PP-OO-025) - 2 and conditions hereinafter set forth as conditions of preliminary plat approval. 4. The proposed development is a continuity of the proposed development within the City's Capital Improvement Program and if the conditions which are requested by the Planning and Zoning Administrator and the Assistant City Engineer and as proposed by the developer as stated on the preliminary plat there will be public financial capability of supporting services for the proposed development. 5. The development if built in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention. 6. It is found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. 7. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as: "Preliminary Engineering Conceptual Plan1 DEVLIN PLACE SUBDIVISION NO. 21 Preliminary Plat located in the SW 1/41 Section 2, T. 3N., R. lW, B.M., Meridian1 Ada County, Idaho, Drawn By: JPM1 Design By: MLV1 Checked By: GAL, Project No. 11687, Sheet 1 of 21 handwritten date of: 9-19-00, PRELIMINARY PLANS NOT FOR CONSTRUCTION, JUB ENGINEERS, INC., Engineers1 for DEVLIN PLACE SUBDIVISION NO.2". FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT DAN WOOD, OWNER JUB ENGINEERS, APPLICANT 1 FOR DEVLIN PLACE SUB. NO. 21 (PP-OO-025) - 3 DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code S 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER I. The Preliminary Plat of the applicant as evidenced by "Preliminary Engineering Conceptual Plan, DEVLIN PLACE SUBDIVISION NO.2, Preliminary Plat located in the SW 1/41 Section 2, T. 3N., R. 1 W, B.M., Meridian, Ada County, Idaho, Drawn By: JPM1 Design By: MLV, Checked By: GAL, Project No. 11687, Sheet 1 of 2, handwritten date of: 9-19-00, PRELIMINARY PLANS NOT FOR CONSTRUCTION, JUB ENGINEERS, INC., Engineers, for DEVLIN PLACE SUBDIVISION NO.2", is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 2.1 The main issue with the plat is that it does not include the entire 8-acre parcel, and the City does not recognize the lot split done by D.W., Inc. During the pre-application meeting, staff recommended that the plat include the entire 8 +/- acres. The plat submitted includes only the 5.17 acres purchased by D.W., Inc. from D.D. & F. Since the split was never done as part of a legal subdivision process1 staff continues to recommend that the plat be modified to include the remnant parcel owned by D.D. & F. If, however, the Commission and Council opt to allow this plat to proceed as currently proposed, the remnant parcel will be required to do FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT DAN WOOD, OWNER JUB ENGINEERS, APPLICANT 1 FOR DEVLIN PLACE SUB. NO. 21 (PP-OO-025) - 4 a one-lot subdivision to clean up the public record. 2.2 Applicant shall submit a letter from the Ada County Street Name Committee, approving the subdivision and street names, with the final plat. 2.3 Applicant shall coordinate fire hydrant placement with the City of Meridian Public Works Department. 2.4 Sanitary sewer service to this site will be via extensions from existing mains installed in adjacent developments. Conceptual engineering plans submitted with the preliminary plat indicate sewer mains with less than minimum slopes and cover. Sanitary sewer service to Lot 12, Block 1 is questionable from the system being proposed. Subdivision designer shall coordinate main sizing and routing with the Public Works Department. 2.5 Water service to this site will be via extensions from existing mains installed in adjacent developments. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 2.6 Underground year-round pressurized irrigation shall be provided to all common landscape areas on the site. 2.7 Applicant has indicated that the pressurized irrigation system within this development is to be an extension of existing system in Devlin Place Subdivision, which is owned and maintained by the Nampa & Meridian Irrigation District. The existing system in Devlin has a single point connection to the City's domestic water system as a secondary source of water, and therefor the developer shall be responsible for the payment of water assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 2.8 The subject parcel shown currently on the plat has no street frontage, so no street buffers would be required. However1 if the remnant parcel is incorporated into the plat, a 35-foot wide landscape buffer would be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT DAN WOOD, OWNER JUB ENGINEERS, APPLICANT / FOR DEVLIN PLACE SUB. NO. 21 (PP-OO-025) - 5 required along Cherry Lane. The Comprehensive Plan designates Fairview Avenue as an entryway corridor. The landscape buffer shall be placed within a permanent landscape easement beyond the future right~ of-way and designated as such on the plat. 2.9 5% common open space is required per City Ordinance 12-13-16. For the proposed 5.17 -acre subdivision, a minimum of 11,000 sJ. of open space is required. The storm drainage pond, Lot 13, Block 1 (approximately 8900 s.f.), can count toward the open space if it is designed in accordance with Ordinance 12-13-14. Lot 5, Block 5 can also count if a micropath is developed over the sewer easement in accordance with Ordinance 12-13-15. The landscape lot on Lot 201 Block 2, may also count as open space1 because it is not a required street buffer, if it is planted with grass and trees for beautification of the subdivision. The applicant shall verify how they intend to comply with this requirement, and the actual area provided. 2.10 A detailed landscape plan shall be submitted for review and approval with the Final Plat application, in conformance with City Ordinance 12- 13. A letter of credit or cash surety will be required for the improvements prior to City signature on the Final Plat. 2.11 Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance. The ditches to be piped should be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2.12 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 2.13 Applicant shall provide five-foot-wide sidewalks in accordance with City Ordinance (Ord. 12-5-2.K). 2.14 All construction shall conform to the requirements of the Americans FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT DAN WOOD, OWNER JUB ENGINEERS, APPLICANT 1 FOR DEVLIN PLACE SUB. NO.2 / (PP-OO-025) - 6 with Disabilities Act. The Planning and Zoning Commission further recommend: 2.15 Lot 13 and Lot 5 and the micropath shall be landscaped to the extent possible in compliance with City ordinance. Adopt the Central District Health Department's Recommendations as follows: 2.16 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 2.17 Run-off is not to create a mosquito breeding problem. 2.18 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 2.19 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. Adopt the Recommendation of the Meridian Fire Department as follows: 2.20 All roads will be installed before building is started with appropriate street name signs. Adopt the Recommendations of the Ada County Highway District as follows: 2.21 Applicant shall extend Gemstone Drive into the site at the east property line between Lot 9, Block 1 and Lot 1 Block 51 as proposed, and connect it to Gemstone Drive at the west property line between Lot 131 Block 1 and Lot 131 Block 5. 2.22 Applicant shall extend Higan street into the site at the north property line as proposed to connect to the proposed Gemstone Drive. Applicant FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT DAN WOOD, OWNER JUB ENGINEERS, APPLICANT / FOR DEVLIN PLACE SUB. NO. 21 (PP-OO-025) - 7 shall construct Higan Street as a 29-foot street section as proposed, within 42-feet of right-of-way with parking prohibited on one side. Parldng shall be restricted on one side of the roadway. A signage plan shall be submitted for review and approval by Planning and Development staff. 2.23 Any proposed landscape islandslmedians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 2.24 The applicant shall be required to construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5- foot wide concrete sidewalks within 50-feet of right-of-way. 2.25 Applicant shall construct the turnaround to provide a minimum turning radius of 45-feet. ' 2.26 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Additionally, adopt the action of the City Council from their meeting held on February 6, 2001, with the following exceptions to Staff comments dated December 7,2000, at 10 and lIon page 3, the comments shall be revised to delete in 10. Lot 5 to Lot 4 and Lot 6, and in 11. to delete 5% and to add the following language to read as follows: 10. That a 20-foot micropath be required between the west line of Lot 4 and the east line of Lot 6, Block 5, with a fence height restriction of a maximum of 4 feet. II. 11,000 square feet common open space is required. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT DAN WOOD, OWNER JUB ENGINEERS, APPLICANT 1 FOR DEVLIN PLACE SUB. NO. 21 (PP-OO-025) - 8 By action of the City Council at its regular meeting held on the 2016- day of F;.t;r?~ ,2001. ~/fJ:~ By: ... "'-:::?~.A' A. R R D. CORlUE Mayor, City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. By:~P;5er 9- City Clerk Dated: 2-20-0 ( msg/Z:\Work\M\Meridian\Meridian 15360M\Devlin Place 2 RZOOS PP025\FfClsOrdPP,doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT DAN WOOD, OWNER JUB ENGINEERS, APPLICANT 1 FOR DEVLIN PLACE SUB. NO.2 / (PP-OO-025) - 9 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR REZONE OF APPROXIMATELY 5. I 7ACRES FOR PROPOSED DEVLIN PLACE NO.2, LOCATED ON THE NORTH SIDE OF CHERRY LANE, EAST OF TEN MILE ROAD, MERIDIAN, IDAHO JUB ENGINEERS, Applicant. C/C 02-06-0 I Case No: RZ-OO-008 FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER GRANTING APPLICATION FOR REZONE The above entitled matter on the rezoning application of 5.17 acres having come on for public hearing on February 6, 200 I, at the hour of 6:30 o'clock p.m., and Council having received the report of Shari Stiles, Planning and Zoning Administrator, and Gary Smith, Public Works Director, both appeared and testified, and appearing and testifying on behalf of the Applicant was Daren Fluke, and no one appeared in opposition, and the Council having received the record of this matter made before the Planning and Zoning Commission, and having received their Recommendation to the City Council, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 5.17 ACRES FROM L-O TO R-4 BY: JUB ENGINEERS / (RZ-OO-008) - 1 Fact and Conclusions of Law, Decision and Order: FINDINGS OF FACT I. The notice of public hearing on the application for rezoning was published for two (2) consecutive weeks prior to said public hearing scheduled for February 6, 200 I, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (I5) days prior to said hearing and with the notice of public hearing 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 at the February 6, 200 I, public hearing; and the applicant, affected property owners, and government subdivisions providing 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 ss 67-6509 and 67-65 II, and Meridian City Code 99 II-15-5 and II-16-1. 3. The City Council takes judicial notice of its zoning, subdivisions FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 5.17 ACRES FROM L-O TO R-4 BY: JUB ENGINEERS / (RZ-OO-008) - 2 and development ordinances codified at Meridian City Code Title II and Title 12, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21,1993, Ordinance No. 629 - January 4,1994, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is approximately 5.17 acres in size. The property is generally located on the north side of Cherry Lane, east of Ten Mile Road, in Meridian. 5. The owner of record of the subject property is Dan Wood, of Boise, Idaho. 6. The Applicant is JUB Engineers, Inc., Boise, Idaho. 7. The property is presently zoned as L-O, and is vacant. 8. The Applicant requests the property be rezoned to R-4. 9. The proposed site is surrounded by residential development. 10. The subject property is within the city limits of the City of Meridian. II. The entire parcel of the property is included within the Meridian Urban Service Planning Area. 12. The Applicant proposes to develop the subject property in the following manner: construct a single family residential development. 13. The Applicant's requested rezoning of the subject real property as FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 5.17 ACRES FROM L-O TO R-4 BY: JUB ENGINEERS / (RZ-OO-008) .3 R-4 is consistent with the commercial designation on the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Existing Urban. 14. There are no significant or scenic features of major importance that affect the consideration of this application. 15. In review of the application for rezone it is provided at Meridian City Code S 11-15-llfor the General Standards that the Commission and Council review this proposed zoning amendment and pursuant to the criteria of said section finds that: 15.1.1 The new zoning will be harmonious with and in accordance with the Comprehensive Plan; 15. 1.2 The area included in the zoning amendment is not intended to be rezoned in the future; 15.1.3 The proposed use will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area, subject to the conditions of the conditional use process; 15.1.4The proposed use will not be hazardous or disturbing to existing or future neighboring uses, subject to the conditions of the conditional use process; 15.1.5 The area will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 5.17 ACRES FROM L-O TO R-4 BY: JUB ENGINEERS / (RZ-OO-008) .4 adequately any of such services; 15. 1. 6 The use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; 15.1.7The use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; 15.1.8 The area will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; 15.1.9The use will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 15.1.10The proposed zoning will be in the best interest of the City of Meridian. 15.2 Staff conditions provide as follows: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 15.2.1 The subject lot can be adequately served by public facilities and the proposed uses will allow for orderly expansion of the city limits, as this is an infill parcel. 15.2.2The existing Development Agreement, Instrument No. 98031450, must be modified as a condition of rezone. Specifically, items 2 a-e, page 2, must be modified to reflect the change of land uses. 15.2.3The existing Conditional Use Permit must be revoked by City Council in conformance with Section 11-17-9 of the Meridian City Code. To do this, Council must notify the permit holder (D.D. & F.) of their intention to revoke the permit and provide FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 5.17 ACRES FROM L-O TO Rw4 BY: JUB ENGINEERS / (RZ-OO-008) - 5 D.D. & F. \vith the opportunity to contest the revocation. If D.D. & F. contests the revocation, a public hearing must be held. If D.D. & F. has no objection, Council would direct the City Attorney to prepare findings of fact and conclusions of law to revoke the Conditional Use Permit. 15.2.4Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance. The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, vvith written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 15.2.5Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 15.2.6Provide five-foot-wide sidewalks in accordance with City Ordinance. 15.2.7 All construction shall conform to the requirements of the Americans with Disabilities Act. Adopt the Recommendations of the Meridian Fire Department as follows: 15.2.8Street name signs and roads shall be installed before building is started. Adopt the Recommendations of the Ada County Highway District as follows: 15.2.9Extend Gemstone Drive into the site at the east property line between Lot 9, Block I and Lot I Block 5, as proposed, and connect it to Gemstone Drive at the west property line between Lot 13, Block I and Lot 13, Block 5. lS.2.lOExtend Higan Street into the site at the north property line as proposed to connect to the proposed Gemstone Drive. Construct Higan Street as a 29-foot street section as proposed, within 42~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 5.17 ACRES FROM L-O TO R-4 BY: JUB ENGINEERS / (RZ-OO-008) - 6 feet of right-of-way with parking prohibited on one side. Parldng shall be restricted on one side of the roadway. A signage plan shall be submitted for review and approval by Planning and Development staff. 15.2.11Any proposed landscape islands/medians within the public rightw of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 15.2.12Unless otherwise approved, the applicant shall be required to construct all public roads, within the subdivision as 36wfoot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet of right-of-way. 15.2. 13Construct the turnaround to provide a minimum turning radius of 45-feet. 15.2. 14Utility streets cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280. (with file numbers) for details. 15.2.15A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 5.17 ACRES FROM L-O TO R-4 BY: JUB ENGINEERS / (RZ-OO-008) - 7 Commission. 15.2. 16Mter ACHD Commission action, any request for reconsideration of the Commission's action shall be in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 15.2. 17Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance # 193, also known as Ada County Highway District Road Impact Fee Ordinance. 15.2.18AlI design and construction shall be in accordance with the Ada County Highway District 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. 15.2.19The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 15.2.20Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 15.2.21It is the responsibility of the applicant to verify all existing utilities within the right~of~way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342- 1585) at least two full business days prior to breaking ground FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 5.17 ACRES FROM L-O TO R-4 BY: JUB ENGINEERS / (RZ-OO-008) - 8 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. 15.2.22No 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. 15.2.23Any 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 all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 15.2.24The Nampa & Meridian Irrigation District's Rutledge Lateral courses along the south and west boundaries of the above- mentioned proposed project. The easement of the Rutledge Lateral must be protected. 16. The legal description of the property that is the subject of this application is on file with the City Clerk's office. CONCLUSIONS OF LAW I. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 2. The City of Meridian has exercised its authority and responsibility as FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 5.17 ACRES FROM L-O TO R-4 BY: JUB ENGINEERS / (RZ-OO-008) - 9 provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of Comprehensive Plan City of Meridian adopted December 21,1993, Ord. No. 629, January 4,1994. 3. The requested zoning of Low Density Residential District, (R-4) is defined in the Zoning Ordinance at 11-7-2 C as follows: (R-4) Low Density Residential District: Only single-family dwellings shall be permitted and no conditional uses shall be permitted except for planned residential development and public schools. The purpose of the R-4 District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible nonresidential uses. The R-4 District allows for a maximum of four (4) dwelling units per acre and requires connection to the Municipal water and sewer systems of the City. 4. Idaho Code S 67-6511 provides and requires that the City shall establish by ordinance one or more zones or zoning districts in accordance with the adopted Comprehensive Plan and the ordinance establishing zoning districts can be amended with particular consideration given to the effects of any proposed zone change upon the delivery of services by any political subdivision providing public services, including school districts, within the City's planning jurisdiction and that it is in conformance with the Comprehensive Plan. 5. Idaho Code 9 67-6511Aprovides: Each governing board may, by ordinance adopted or amended in FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 5.17 ACRES FROM L-O TO R-4 BY: JUB ENGINEERS / (RZ-OO-008) - 10 accordance with the notice and hearing provisions provided under section 67-6509, Idaho Code, require or permit as a condition of rezoning that an owner or developer make a written commitment concerning the use or development of the subject parcel. The governing board shall adopt ordinance provisions governing the creation, form, recording, modification, enforcement and termination of conditional commitments. 6. The City of Meridian by the adoption of Meridian City Code 9 11-15-12 has exercised its authority to require or permit as a condition of rezoning that an owner or developer make a written commitment concerning the use or development of the subject property. 7. 9 11-6-1 ZONING DISTRICT MAP provides in part as follows: The districts established in this Ordinance as shown on the Official Zoning Map, together with all explanatory matter thereon, are hereby adopted as part of this Ordinance. Where uncertainty exists with respect to the boundaries of any of the zoning districts as shown on the Official Zoning Map, the following shall apply: 7.1 Where district boundaries are indicated as approximately following the centerline of street lines, highway right-of- way lines, streams, lakes or other bodies of water, the centerline shall be construed to be such boundary; 7.2 Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries; 7.3 Where district boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets, or the centerlines or right-of-way lines of highways, such district boundaries shall be construed as being parallel FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 5.17 ACRES FROM L-O TO R-4 BY: JUB ENGINEERS / (RZ-OO-008) -11 thereto and at such distance therefrom as indicated on the Official Zoning Map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the Official Zoning Map; and 7.4 Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located in the middle of the main tracks of said railroad line. 8. 9 II-IS-II of the Meridian City Code GENERAL STANDARDS APPLICABLE TO ZONING AMENDMENTS provides in part as follows: The Commission and Council shall review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment: 8.1 The new zoning will be harmonious with and in accordance with the Comprehensive Plan. 8.2 The area is not intended to be rezoned in the future. 8.3 The area is intended to be developed in the fashion that is allowed under the new zoning. 8.4 There has been no change in the area or adjacent areas which would dictate the area should be rezoned. 8.5 The proposed uses will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; 8. 6 The proposed uses will not be hazardous or disturbing to existing or future neighboring uses; 8.7 The area will be served adequately by essential public FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 5.17 ACRES FROM L-O TO R-4 BY: JUB ENGINEERS / (RZ-OO-008) - 12 facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; 8.8 The use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; 8.9 The proposed uses will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; 8.10 The area will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; 8.11 The use will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 8.12 The proposed zoning amendment is in the best interest of the City of Meridian. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN ADOPTED, the City Council does hereby Order and this does Order: 1. The Applicant's request for rezone of approximately 5.17 acres for construction and development of a single family r~sidential development is granted, subject to the terms and conditions of this Order hereinafter stated; and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 5.17 ACRES FROM L-O TO R-4 BY: JUB ENGINEERS / (RZMOO-008) - 13 2. The following special terms and conditions of use and development relate to this application to-wit: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 2.1 The subject lot can be adequately served by public facilities and the proposed uses will allow for orderly expansion of the city limits, as this is an infill parcel. 2.2 The existing Development Agreement, Instrument No. 98031450, must be modified as a condition of rezone. Specifically, items 2 a"e, page 2, must be modified to reflect the change of land uses. 2.3 The existing Conditional Use Permit must be revoked by City Council in conformance with Section 11-17-9 of the Meridian City Code. To do this, Council must notify the permit holder (D.D. & F.) of their intention to revoke the permit and provide D.D. & F. with the opportunity to contest the revocation. If D.D. & F. contests the revocation, a public hearing must be held. If D.D. & F. has no objection, Council would direct the City Attorney to prepare findings of fact and conclusions of law to revoke the Conditional Use Permit. 2.4 Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance. The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2.5 Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 2.6 Provide five-foot-wide sidewalks in accordance with City FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 5.17 ACRES FROM L-O TO R"4 BY: JUB ENGINEERS / (RZ-OO-008) - 14 Ordinance. 2.7 All construction shall conform to the requirements of the Americans with Disabilities Act. Adopt the Recommendations of the Meridian Fire Department as follows: 2.8 Street name signs and roads shall be installed before building is started. Adopt the Recommendations of the Ada County Highway District as follows: 2.9 Extend Gemstone Drive into the site at the east property line between Lot 9, Block 1 and Lot I Block 5, as proposed, and connect it to Gemstone Drive at the west property line between Lot 13, Block 1 and Lot 13, Block 5. 2.10 Extend Higan Street into the site at the north property line as proposed to connect to the proposed Gemstone Drive. Construct Higan Street as a 29-foot street section as proposed, within 42- feet of right-of-way with parking prohibited on one side. Parking shall be restricted on one side of the roadway. A signage plan shall be submitted for review and approval by Planning and Development staff. 2.11 Any proposed landscape islands/medians within the public right- of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 2.12 Unless otherwise approved, the applicant shall be required to construct all public roads, within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet of right-of-way. 2.13 Construct the turnaround to provide a minimum turning radius of 45-feet. 2.14 Utility streets cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 5.17 ACRES FROM L-O TO R.4 BY: JUB ENGINEERS / (RZ-OO-008) . 15 Construction Services at 387-6280. (with file numbers) for details. 2.1S A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2.16 After ACHD Commission action, any request for reconsideration of the Commission's action shall be in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 2.17 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance # 193, also known as Ada County Highway District Road Impact Fee Ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 5.17 ACRES FROM L~O TO R-4 BY: JUB ENGINEERS / (RZ-OO-008) - 16 2.18 All design and construction shall be in accordance with the Ada County Highway District 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. 2.19 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 2.20 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 2.21 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342- 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. 2.22 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. 2.23 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 all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 5.17 ACRES FROM L-O TO R-4 BY: JUB ENGINEERS / (RZ-OO-008) - 17 use is sought. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 2.24 The Nampa & Meridian Irrigation District's Rutledge Lateral courses along the south and west boundaries of the above- mentioned proposed project. The easement of the Rutledge Lateral must be protected. 3. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the re-designation of the zoning for the real property which is the subject of the application to (R-4) Low Density Residential District (Meridian City Code S 11-7-2 C) which ordinance shall be considered for passage. 4. Subsequent to the passage of the Ordinance, provided for in Section 2 of this Order, the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official Zoning Maps as provided in Meridian City Code S 11-21-1 in accordance with the provisions of the rezoning ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 5.17 ACRES FROM L-O TO R~4 BY: JUB ENGINEERS / (RZ-OO-008) - 18 NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code 9 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the rezoning may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 20 ~ day of Ii 6 rtU?/l-t- ROLL CALL , 2001. COUNCILl\1AN RON ANDERSON VOTED tf-a.- COUNCILl\1AN KEITH BIRD VOTED~ COUNCILWOMAN TAMMY deWEERD VOTED~ VOTED~ COUNCIL WOMAN CHERIE McCANDLESS MAYOR ROBERT CORRIE (TIE BREAKER) DATED: 2-20-0/ VOTED_ MOTION: ~~. ~ - -~-- APPROVEDo_ .~. DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 5.17 ACRES FROM L-O TO R-4 BY: JUB ENGINEERS / (RZ-OO-008) - 19 Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. BY~~~~~ ity Clerk Dated: .2-20--& ( msglZ:\Work\M\Meridian\Meridian 15360M\Devlin Place 2 RZ008 PP025\FfsClsOrderREZ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 5.17 ACRES FROM L-O TO R-4 BY: JUB ENGINEERS / (RZ-OO-008) - 20 CONTRACT ...,.fr..... THIS AGREEMENT, made and entered into in triplicate, this .?- D . day of F -<...h.r V'I "I t- 'f , ) 0 0 I by and between --/ltt (!/Jy tJ -f'1J1 e r /d/ CVr--J, hereinafter called the City of Meridian, and /~ I II s I ;'l~c A/A r r., vr 1./ I hereinafter called the Contractor, WITNESSETH: That in consideration of terms and conditions contained herein and attached and made a part of this agreement, the parties hereto covenant and agree as follows: I. The contractor shall do all work and furnish all tools, materials, and equipment for the installation of the irrigation system improvements for the STOREY PARK AND BALL FIELDS in accordance with and as described in the attached plans 'and specifications, which are by this reference incorporated herein and made a part hereof, and shall perform any alterations in or additions to the work provided under this contract and every part hereof. Work shall start within ten (10) days after execution of contract and be completed in forty five (45) calendar days. If said work is not completed within the time specified, the Contractor agrees to pay to the Owner the sum of $300 dollars for each and every day said work remains uncompleted after expiration of the specified time, as liquidated damages. The Contractor shall provide and bare the expense of all equipment, work and labor of any sort whatsoever that may be required for the transfer of materials and for construction and completing the work provided for in this contract- and every part thereof, except such as are mentioned in the specifications to be furnished by the City of Meridian. II. The City of Meridian hereby promises and agrees with the Contractor to employ, and does employ the Contractor to provide the materials and to do and cause to be done the above described work and to complete and finish the same according to the attached plans and specifications and the terms and conditions herein contained; and hereby contracts to pay for the same according to the attached specifications and the schedule of lump sum or unit prices hereto attached, at the time and in the manner and upon the conditions provided in this contract. -ix- CONTRACT (CONT.) III. The Contractor for himself, and for hislher heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all the covenants herein upon the part of the Contractor. IV. It is further provided that no liability shall attach to the City of Meridian by reason of entering into this contract, except as expressly provided herein. V. Should litigation or arbitration be instituted regarding any aspect of the Contract, the prevailing party shall be awarded their reasonable attorney fees and costs. IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed the day and year first hereinabove written. {!/ ~ & r /11 ei-i cil}~ , (City o! Meridian) _ . . ttl/Frv've.d--Il9 Crh; {(;~C~ 2-6-01 day of Ii orlAti ff ~ 2{)o..j,\iII\;:;llimu;"!11; ~";-\"'l Or ~:bt "i-7. ~~"'(j ~cftW014 ~...z.. .':;'~. Li c-~; #' - 4-.,. It_ /A (] By I S Y ~ y~.--/~ ~?;,I r /fc;lbtZi-1:- b CoH-/e I mafferii ' SEAL '~fkd: fV~JI,aJ'>;. 6,l5erj I Jr, Approved as to legality: %,.,~ & ff CiI:J CJet.-1-k- ~ Q. '\~.o :~ \~"1~ .l4a, 1$'1 . ~':/ "'-""~ D/'1! ;,o,.fY'<{ ,~,,~.\' (Legal Officer) Countersigned : this 215p By: (Contractor) NOTICE OF AWARD CITY OF MERIDIAN To: Hillside Nursery 2350 Hill Road Boise, 10 83702 Yo c,h IA >'Y\ Attention: John Yomm Project: Storey Park Irrigation Improvement Project Description: You are hereby notified that your Bid dated February 2 , 2001, for the above Contract has been considered. You are the apparent successful bidder and are being considered for the award of a contract for the above named project. The Bid Price of your contract is Sixtv Three Thousand thirteen dollars and sixtv seven cents Dollars ( $63013.67 ). Three copies of the Agreement Form accompany this Notice of Award. Unless otherwise indicated, you must respond within 14 days of the date of this Notice of Award, as required by Information For Bidders of the project contract documents. Therefore, you must respond by February 21, 2001. 1. You must deliver to the Owner three fully executed Agreement Forms. 2. You must deliver with the executed Agreement Forms, the Performance and Payment Bonds as specified in the Instructions to Bidders. Failure to comply with these conditions within the time specified will entitle the Owner to consider your Bid abandoned, to annul this Notice of Award, and to declare your Bid Security forfeited. After execution of the contract by the City of Meridian, the Owner will return to you one fully signed Agreement Form. Please return an acknowledged copy of this Notice. Dated this {; ~ day of R6r(.ttU-.:;I, 2001. Acceotance of Notice of Award Receipt of the foregoing Notice of Award her~~y (:cknoWI~dged. () By ((ct: W cc.A--,L-\'l~ (~ V Date ;2. - "). C' ~ 0 I Meridian CIty Council Meeting Februar; 6. 2001 Page 4 Bird: All right. Then I misread it Thank you. I'm sorry. Corrie: Gary, this is different than the one we've had from Blakeslee before? Smith: The one we had from Blakeslee before, Mr. Mayor, was a service- oriented seminar, and Wastewater was not included on that because they do not have the contact with the public that the rest of the City employees do. Then these two particular issues have surfaced out there as being items that need to be addressed. That's the reason that John requested the seminar from Dawneen Blakeslee. Thank you. Corrie: Any other items for discussion? Anderson: That beer and wine license for Louie's? De Weerd: Yes, we got a copy of that. Bird: I would make a motion that we approve the Consent Agenda, Mr. Mayor. McCandless; Second. Corrie: Motion made and seconded to approve the Consent Agenda. Any other discussion? Hearing none, roll-call vote, Mr. Clerk. Roll-Call: Bird, aye; de Weerd, aye; McCandless, aye; Anderson, aye. MOTION CARRIED: ALL AYES Item 4. Department Reports: A. Parks and Recreation Department - Director Tom Kuntz: 1. Award bid for irrigation system for Storey Park: Corrie: Okay, Item NO.4 is the Department Reports; Parks and Recreation Department's Director Tom Kuntz and the award bid for irrigation system for Storey Park. Kuntz: Thank you, Mayor and Council. You should have two memos in your packet: the first is dated February 1 st that's included in your Friday packet just to give you a heads up that we were opening bids for this park irrigation system at Friday at 3:00. You should have a second memo dated February 5th outlining that there were three bidders: Hillside Nursery, A to Z Landscape and Hard Landscape. Brad Watson, the public works, reviewed all the bids to make sure the requirements were met and they had current public works contractor's Meridian City Council Mee~no February 6. 2001 page 5 licenses. Tonight we're asking you to approve awarding the bid to Hillside Nursery in the amount of $63,013.67. Bird: Mr. Mayor, Tom, what was the estimate on this job? Kuntz: The bid that we have from last fall, the low bid on that project was $159,000. What we've done is taken items out of the bid that we're either doing ourselves or is a lump~sum amount like a pump station that we can buy as one package. I've got an additional sheet that I can show you the items that we'll be doing ourselves. The cost on those will be about $52,000. The total project cost is about $115,000, where you recall, as our low bid last fall was about $159,000. We're realizing a substantial savings right now. Bird: You checked the bids to make sure everything was covered under this? Kuntz: Brad Watson did. Bird: Brad checked to make sure all the requirements and stuff - that's 20 percent that he left on the table. Kuntz: You're saying between the low and the high bid? Bird: Between low and second bid, he left about 20 percent on the table. Kuntz: Yes, we checked everything. Bird: No problem. Anderson: Mr. Mayor, if there are no other questions from Council, I would make a motion that we award the bid for the irrigation for Storey Park to Hillside Nursery in the amount of $63,013.67. Bird: Second. Corrie: Motion made and seconded to award the bid of $63,013.67 to Hillside Nursery for the Storey Park irrigation system. Any further discussion? Hearing none, all those in favor of the motion say aye. B. Public Works Department - Director Gary Smith: 1. Engineering Agreement - City Well No. 18 By~Pass Pumping Line: Corrie: Second item is B, Public Works Department, and Director Gary Smith. Item 1, Engineering Agreement for the City Well No. 18 by-pass pumping line. Gary. BEFORE THE MERlDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR ANNEXATION AND ZONING OF 339.73 ACRES FOR KELTIC HEIGHTS SUBDIVISION, LOCATED AT THE WEST SIDE OF MERIDIAN ROAD FROM MC MILLAN ROAD TO CHINDEN, MERIDIAN, IDAHO BY: PAR1<LA.ND DEVELOPMENT C/C 02/06/01 Case No. AZ~00-020 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL The above entitled annexation and zoning application having come on for public hearing on February 6,2001, at the hour of 6:30 o'clock p.m., Shari Stiles, Planning and Zoning Administrator, and Gary Smith, Public Works Director, appeared and testified, and appearing and testifying on behalf of the Applicant was: Kent Brown and Greg Johnson, and those testifying in favor of the project were: Kelly Fulpher and David Turnbull, and appearing and testifying in opposition and/or with concerns were: Buck Hamilton, Steven Trusker and Doug Stewart, and the City Council having duly considered the evidence and the record in this matter therefore Order: makes the following Findings of Fact and Conclusions of Law, and Decision and FINDINGS OF FACT AND CONCLUSIONS OF LAW- AND DECISION AND ORDER OF DENIAL / PAR1<LAND DEVELOPMENT - KELTIC HEIGHTS SUBDIVISION Page 1 FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for February 6, 2001, 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 more than fifteen (15) days prior to said hearing and with the notice of public hearing 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 at the February 6, 2001, public hearing; and the applicant, ~0--cted property owners, and government subdivisions providing 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 ss 67~6509 and 67-6511, and ssl1-2-416E and 11-2-417A, Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title II, Municipal Code of the City of FINDINGS OF FACT AND CONCLUSIONS OF LAW- AND DECISION AND ORDER OF DENIAL / PARI<LA.ND DEVELOPMENT - KELTIC HEIGHTS SUBDIVISION Page 2 Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4, I 994, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is approximately 339.73 acres in size and is located at the west side of Meridian Road from McMillan Road to Chinden Blvd. The property is designated as Keltic Heights Subdivision. 5. The owners of record of the subject property are Parkland Development, LLC, Dwaine and Sharon Wolf, and Melverne Dennett, Meridian, Idaho. 6. Applicant is Parkland Development, LLC, of Meridian, Idaho. 7. The property is presently zoned by Ada County as RT, and consists of agricultural and residential uses. 8. The Applicant requests the property be zoned as R-4, R-8 and CN. 9. The subject property is bordered on all sides by agricultural and rural residential uses and the city limits of the City of Meridian are not adjacent. 10. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 11. The Applicant proposes to develop the subject property in the following manner: Neighborhood Commercial at the south and northeast corners, and residential uses for most of the remaining property. 13. The Applicant requests zoning of the subject real property as R-4, R-8 FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER OF DENIAL / PAR1<LAND DEVELOPMENT - KELTIC HEIGHTS SUBDIVISION Page 3 and CN which is not consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single Family Residential. 14. There are no significant or scenic features of major importance that affect the consideration of this application. CONCLUSIONS OF LAW I. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Municipal Code of the City of Meridian Section 11- 2-417 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The City Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67, Idaho Code by the adoption of 'Comprehensive Plan City of Meridian adopted December 21,1993, Ord. No. 629, January 4,1994. 4. That in s 11-2-417 A it provides in part that: "If the Commission and Council approve an annexation request, the FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER OF DENIAL / PARI<LAND DEVELOPMENT - KELTIC HEIGHTS SUBDIVISION Page 4 Commission and Council shall insure that said annexation is in accord with this Ordinance and the Comprehensive Plan." 5. Idaho Code S 67-65 II (c) provides in matters where the City Council is considering a zoning designation application as follows: "If the request is found by the governing board to be in conflict with the adopted plan, or would result in demonstrable adverse impacts upon the delivery of services by any political subdivision providing public services, including school districts, within the planning jurisdiction, the governing board may require the request to be submitted to the planning or planning and zoning commission or, in absence of a commission, the governing board may consider an amendment to the comprehensive plan pursuant to the notice and hearing procedures provided in section 67 -6509, Idaho Code. Mter the plan has been amended, the zoning ordinance may then be considered for amendment pursuant to section 67-6511 (b), Idaho Code." 6. Idaho Code s 67-6512 (a) provides the authority to grant special and/or conditional use permits" . . . . when it is not in conflict with the plan." [referring to the Comprehensive Plan. J 7. The City's authority to make and enforce ordinances are confined to within the City's boundaries as provided in Article XII s 2 of the Constitution of the FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER OF DENIAL / PARI<LAND DEVELOPMENT - KELTIC HEIGHTS SUBDIVISION Page 5 State of Idaho. 8. The provisions of r.c. s 50-222 govern the conditions upon which the City ~ exercise its authority to annex territory, but the exercise of that authority is discretionary as determined by the City Council. 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: 1) That the application for annexation is denied because it is in violation of r.c. s 55-222 as the proposed annexed property does not lie adjacent to and is not contiguous with the boundaries of the City of Meridian. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code S 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the denial of the annexation and zoning may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER OF DENIAL / PAR1<LAND DEVELOPMENT - KELTIC HEIGHTS SUBDIVISION Page 6 By action of the City Council at its regular meeting held on the 20~day of h6 f7A-{;{/L,VJ.-. , 200 l. U ROLL CALL: COUNCILMAN RON ANDERSON VOTED ~ COUNCILMAN KEITH BIRD VOTED~ COUNClLWOMANTAMMYdeWEERD VOTED~ COUNCILWOMAN CHERIE MC CANDLESS VOTED ~ MAYOR ROBERT D. CORRlE (TIE BREAKER) VOTED_ DATED: 2-- 'Zo-O/ MOTION: d);=~-- APPROVED:~ DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. BJb&,~b~79- City Clerk I. msglZ:\Work\1vl\Meridian\Meridian ] 5360M\Keltic Heights AZ020 Denial\FFCLOrdAZDENIAL FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER OF DENIAL / PAR1<LAND DEVELOPMENT - KELTIC HEIGHTS SUBDIVISION Page 7 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF HUMMEL ARCHITECTS, FORA VARIANCE TO REDUCE THE NUMBER OF LANDSCAPED ISLANDS IN THE PARIGNG LOT FOR THE NEW MOUNTAIN VIEW HIGH SCHOOL, LOCATED SOUTHEAST OF THE INTERSECTION BETWEEN LOCUST GROVE AND OVERLAND ROADS, MERIDIAN, IDAHO C/C 02/06/01 VAR-OI-002 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE The above entitled matter coming on regularly for public hearing before the City Council on February 6, 2001, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying on behalf of the Applicant were Paul Hooghkirk and Skylar Rubel of Hummel Architects, and no one appeared in opposition, and the City Council having received the transmittal to agencies and having received the variance application, having heard the testimony presented, being fully advised in the Order of Decision, as follows to-wit: premises does hereby make the following Findings of Fact and Conclusions of Law and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-01-002 HUMMEL ARCHITECTS - MT. VIEW HIGH SCHOOL Page 1 of 10 FINDINGS OF FACT 1. The City Council takes judicial notice of its Zoning, Subdivisions and Development Ordinances codified at Title II Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21,1993 Ordinance #629 - January 4,1994 and Maps. 2. The requirements of Idaho Code SS 67-6509, 6516 and Meridian City Code SS 11-15-5 and 12-11-3 as evidenced in the record of this matter. 3. The Applicant is Hummel Architects, P.A. c/o Paul Hooghkirk, whose address is 802 W. Bannock St., Ste. 700, Boise, Idaho 83702. 4. The owner of the property is Joint School District No.2 c/o Wendi Bigham, whose address is 911 Meridian St., Meridian, Idaho 83642. 5. The location of the subject property is located in the Low Density Residential District (R-4) southeast of the intersection between Locust Grove and Overland Roads, Meridian, Idaho. 6. The legal description of the property appertains to the real property that is included within the Vicinity Map as appears in the record of proceeds of this matter, and is on file with the Meridian City Clerk's office. 7. The present land use of subject property is presently zoned as (R-4) Low Density Residential District and is farmland. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-OI-002 HUMMEL ARCHITECTS - MT. VIEW HIGH SCHOOL Page 2 of 10 8. The proposed land use of subject property is for a new high school for Meridian to be known as Mountain View High School. 9. The Applicant seeks a variance of the following provision of the Meridian City Code S 11-13-4 B. 3. b. and c., Design Standards for Off-Street Parking, from the landscaping islands in the parking lot to reduce the number, to increase the required distance between landscape islands within parking lots, to eliminate the requirement for landscape islands to delineate the flow of traffic within parking lots, and to provide the required percentage of landscape area versus paved area in parking lots, mostly around the perimeter of the lot as opposed to internally. The specific variance from the ordinance is a large uninterrupted area of parking surface is needed for band and ROTC practice. In addition, it would create undue hardship upon the school district, for both short term and long term maintenance and operational cost. Modification of the parking lot landscaping requirement to reduce the number of planters is requested. Planters, plants, and irrigation would be a high maintenance concern due to carelessness of student drivers. 10. That a vicinity map, which appears on record with the Meridian City Clerk's office, of the proposed scale approved by the City Council showing property lines, existing streets, proposed district and such other items as required have been furnished. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-OI-002 HUMMEL ARCHITECTS - MT. VIEW HIGH SCHOOL Page 3 of 10 II. The Applicant seeks a variance of the following provision of the Meridian City Code, S 11-13-4 B. 3. C., Design Standards for Off-Street Parking, in the R-4 zone, and which is attached hereto as Exhibit "A", and consisting of one (I) page. 12. All property owners within three hundred feet (3001) of the external boundaries have been notified by mail, and their mailing addresses may be obtained from the list on file with the Planning and Zoning Department. 13. The characteristics of the subject property which prevent compliance with the requirements of the ordinance are that the uninterrupted parking lot areas are needed for school activities. In addition, the lots are not visable from off-campus and should not have the same standards applied as those of a commercial development. Students would create unusual long-term maintenance and operation costs, due to the student drivers being required to maneuver around the landscape islands. Additionally, the school site contains large areas of open "green space" not commonly found in commercial developments. 14. The minimum requirements of the ordinance that need to be reduced to permit the proposed use would be the elimination of the requirement from the landscaping requirements for parking lots to allow for a large uninterrupted area of parking surface which is needed for band and ROTC practice. IS. The difficulty or hardship which would result if the requirements of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE I V AR-OI-002 HUMMEL ARCHITECTS - MT. VIEW HIGH SCHOOL Page 4 of 10 ordinance were applied to the subject property is that the parking lots could not be efficiently used for band and ROTC practice. In addition, the planters, plants, and irrigation would be a high maintenance concern due to carelessness of student drivers. 16. The unusual or peculiar circumstances which indicate that regulations of the ordinance should not be strictly complied with are the uninterrupted parking areas which are needed for school activities. In addition, the lots are not visible from off- campus and should not have the same standards applied as those of a commercial development. Students would create unusual long-term maintenance and operation costs, due to the student drivers being required to maneuver around the landscape islands. 17. The special conditions and circumstances is that it is not very visible from any major street frontage, as it does not front onto any public roadway. Additionally, the school site contains large areas of open "green space" not commonly found in commercial developments. 18. A literal interpretation of the provisions of the ordinance would deprive the developer because the ordinance applies the same standard for a typical high- visibility strip-mall parking lot, to a "land-locked" and out-of-sight high school parking lot. 19. The existence of special circumstances or conditions affecting the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-OI-002 HUMMEL ARCHITECTS - MT. VIEW HIGH SCHOOL Page 5 of 10 property is that a large uninterrupted paved surface is required as stated above. High school students are prone to careless driving situations. Those conditions are not a result of the applicant's actions. 20. Granting the variance would maintain rights which would be afforded to others in the same situation. 21. The Comprehensive Plan for the Low Density Residential District (R-4) is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible nonresidential uses. The R-4 District allows for a maximum of four (4) dwelling units per acre and requires connection to the Municipal water and sewer systems of the City. 22. The variance would allow the owner to construct an educational building that would be functional for the Meridian area students. 23. The granting of the requested variance will not be detrimental to the public's welfare or injurious to other property in the area of the proposed plat, and, in fact, tlle development of the plat in accordance with the conditions of approval and the requirements of the Subdivision Ordinance will prevent the conditions which are the source of the complaints raised in the public hearing of this matter. FINDINGS OF FACT AND CONCLUSIONS OF LA W AND -- ORDER OF DECISION GRANTING A VARIANCE IV AR-OI-002 HUMMEL ARCHITECTS - MT. VIEW HIGH SCHOOL Page 6 of 10 23. The granting of this variance will not have an effect of altering the interest and purpose of the Subdivision or Development Ordinance and/or the City's Comprehensive Plan for the reasons stated above. 24. The applicant paid the fee established by the City Council for application variance. CONCLUSIONS OF LAW 1, The City of Meridian has authority pursuant to the enactment of the Local Land Use Planning Act of 1975 codified at Chapter 65, Title 67, and in particular, by the provisions of Idaho Code S 67-6516 to provide as part of its zoning ordinance for the process of applications for variance permits. 2. The City of Meridian has exercised its authority of Idaho Code S 67-6516 by the enactment as a part of its Zoning and Development Ordinance variances, as set forth in Meridian City Code S 11-18. 3. That the requirements for the processing of a variance request are set forth in Idaho Code ss 67-6509, 6516 and Meridian City Code ss 11-15-5 and 11-17-5. 4. Application and standards for variances are set forth in Meridian City Code S II ~ 18-2, and the findings which are required are set forth in Meridian City Code S 11- 18-3, include required findings that there are special circumstances or conditions affecting the property that strict application of the provisions of Zoning and Development FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE I V AR-OI-002 HUMMEL ARCHITECTS - MT. VIEW HIGH SCHOOL Page 7 of 10 Ordinance would clearly be impracticable and unreasonable, and a finding that strict compliance with the requirements of the Zoning and Development Ordinance would result in extraordinary hardship to the owner, subdivider or developer because unusual topography, the nature or condition of adjacent development, or other physical conditions or other conditions that make strict compliance with the ordinance unreasonable under the circumstances, or that the conditions and requirements of said ordinance will result in inhibiting the achievements or the objectives of the ordinance, and that the granting of a specified variance will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated, and that such variance will not have the effect of altering the interest and purposes of the Zoning and Development Ordinance and the Meridian Comprehensive Plan. 5. Meridian City Code, S 11-13-4 B. 3. C., Design Standards for Off- Street Parking, in the R-4 zone, and which is attached hereto as Exhibit "A", and consisting of one (I) page. 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: 1. That the Applicant is hereby granted a variance from the Design Standards for Off-Street Parking from the requirement from the one thousand five hundred square FINDINGS OF FACT AND CONCLUSIONS OF LA W AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-OI-002 HUMMEL ARCHITECTS - MT. VIEW HIGH SCHOOL Page 8 of 10 feet of pavement area for landscaping, in the R-4 zone, and this variance shall include in the parking lot the same amount of area to be covered by the islands but applicant will not have to construct as many islands, but the amount of islands shall be approved by the Planning and Zoning Department. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code S 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of a variance authorizing a variance of the Design Standards for Off-Street Parking in the R-4 Zone as provided in the Section 1l~I3-4 B. 3. c. and may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the .zolf.. day of k6 HLCVL-q J , 2001. ROLL CALL: COUNCILMAN RON ANDERSON VOTED ~l-- COUNCILMAN KEITH BIRD VOTED$:...-- COUNCILWOMAN TAMMY deWEERD VOTED~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-OI-002 HUMMEL ARCHITECTS - MT. VIEW HIGH SCHOOL Page 9 of 10 COUNCILWOMAN CHERIE McCANDLESS VOTED 1jIe"'- MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: ;2.-w-O( - MOTION: 8 APPROVED:~____DISAPPROVED: 5~pXJ~rl~, 'tiW[rtk-PettY*itb~~r}aJffi~W? and Zoning Department, Public Works B~ll:~M~1L . tt City Clerk msglZ:\Work\M\Meridian\Meridian15360M\Mt. View High School VAROI-OOl\FfClsGrantVariance002 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-01-002 HUMMEL ARCHITECTS - MT. VIEW HIGH SCHOOL Page 10 of 10 . . . . . 11-13-4 11 -1 3-4 11-13-4: DESIGN STANDARDS FOR OFF-STREET PARKING: A. Size And Dimension: The size and design of off-street parking shall be in accordance with the standards as shown in subsection F of this Section. (Ord. 430, 4-2-1984) B. Screening, Landscaping And Drainage: 1 . Landscaping: Landscaping shall be required for all off-street parking areas for multi-family residential, commercial, industrial and technical developments. 2. Underground sprinkling systems shall be required to maintain screening, planting strips, and other landscaping. 3. Screening: a. Whenever a commercial off-street parking area is located in or adjacent to a residential district, it shall be effectively screen"ed on all sides which adjoin or face any property used for residential purposes by a wall, fence, or planting screen that is not less than four feet (4') in height plus a planting strip of four feet (4') minimum width or in an alternate arrangement as approved by the Commission. b. Suitable landscaping and ground cover shall be provided and maintained on a continuing basis within the planting strip. Planting screens or hedges shall not exceed two feet (2') in height where location is such that sight lines are necessary for vehicular movement across pedestrianways. c. At least one tree of not less than three inches (3") diameter size class shall be provided for every one thousand five hundred (1,500) square feet of pavement area. 4. Drainage: A drainage plan designed by an architect or an engineer shall be submitted and required for all off-street parking areas and shall be approved by the City Engineer. (Ord. 557, 10-1-1991 ) C. Lighting: The illumination of parking lot shall be designed so that the light from lighting fixtures in the parking lot does not reflect direct rays or spill over into adjacent residential districts. All parking lot lighting arrangements shall be installed as approved by the City H City of Meridian BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) APPLICATION OF HUMMEL ) ARCHITECTS, FORA VARIANCE ) TO ALLOW AN INCREASED ) BUILDING HEIGHT TO 57 FEET ) FROM THE EXISTING ) MAXIMUM BUILDING HEIGHT ) OF 35 FEET FOR THE NEW ) MOUNTAIN VIEW HIGH ) SCHOOL, LOCATED ) SOUTHEAST OF THE ) INTERSECTION BETWEEN ) LOCUST GROVE AND ) OVERLAND ROADS, MERIDIAN, ) IDAHO ) C/C 02/06/0 I V AR~O 1..00 I FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE The above el1titled Inatter COIning 011 regularly for public hearing before the City Council 011 February 6, 2001, and Shari Stiles, Plalll1i11g alld Zoning Adlnil1istratof, appeared a11d testified, a11d appearil1g al1d testifyi11g 011 behalf of the Applicallt was Scott Struber, of HUlnll1el Architects, alld 110 one appeared in opposition, alld the City COUI1Cil havillg received the translnittal to agencies alld havillg received the variance application, having lleard the testill1011Y presented, being flllly advised ill the prel11ises does hereby Inalce the followillg Fi11dillgS of Fact al1d Conclusions of Law alld Order of Decisiol1, as FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-OI-OOl HUMMEL ARCHITECTS - MT. VIEW HIGH SCHOOL Page 1 of 9 follows to-wit: FINDINGS OF FACT 1. The City Council ta!ces judicial110tice of its Z011ing, Subdivisions and Developlnel1t Ordina11ces codified at Title 11 Mll11icipal Code of the City of Meridial1 a11d all currellt Z011il1g lnaps tllereof al1d the COlllprehe11sive Plall of the City of Meridia11 adopted Decelnber 21, 1993 Ordil1al1ce #629 - Ja11tlary 4, 1994 alld Maps. 2. The requirell1e11ts of Idaho Code ss 67-6509, 6516 a11d Meridian City Code SS 11-15-5 and 12-11-3 as evidel1ced ill tIle record of this l11atter. { 3. The Applicant is HUll11nel Architects, P.A. c/o Paul Hooghl<.irl<, whose address is 802 W. Banl10cl( St., Ste. 700, Boise, Idaho 83702. 4. The owner of tIle property is Joint School District No.2 c/o Wendi Bighaln, whose address is 911 Meridiall St., Meridian, Ida110 83642. 5. Tile locatioll of the subject property is located ill the Low De11sity Residel1tial District (R-4) soutlleast of the i11tersectio11 betweel1 LOCllst Grove and Overland Roads, Meridian, Idaho. 6. The legal descriptiol1 of tile property appertains to tile real property tllat is i11cluded within the Vicil1ity Map as appears ill the record of proceeds of this matter, and is 011 file with the Meridiall City Clerl('s office. 7. The presellt land use of subject property is presel1tly zOlled as (ROR4) Low FINDTNGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTTNG A VARIANCE /VAR-OI-OOl HUMMEL ARCHITECTS - MT. VIEW HIGH SCHOOL Page 2 of 9 De11sity Reside11tial District and is farlnlalld. 8~ Tile proposed land use of subject property is for a l1ew high school for Meridial1 to be !G10wn as Mountain View High School. 9 ~ The Applicant seelcs a varial1ce of the following provisio11 of the Meridia11 City Code S 11-9-1, ZOlling Scl1edule of Bull( And Coverage COl1trols froIn the luaxilllUlTI building height of 35' to 57r, as tIley ca11not COll1ply with the City Code dlte to the l1ature of certaill space heights (g}'lTI11asiuln, auditoriull1), which are l1ecessary to the design and fllnctiol1 of a l1igh school. 111 order to provide a gyln11asiulll a11d auditorium space for the high school, it would be necessary to have tIle buildillg lleight requirelnel1t il1creased to a InaximUlTI height of 5 7t. 9. That a vicillity lnap, whicl1 appears on record with the Meridial1 City Cleric's office, of the proposed scale approved by the City COUI1Cil SllOwil1g property lil1es, existil1g streets, proposed district and such other itelTIS as required have beell furnished. IO~ The Applicallt seel<.s a variance of the followillg provision of the Meridia11 City Code, ~ 11 ~9~ I, ZONING SCHEDULE OF BULI( AND COVERAGE CONTROLS, in the R..4 Z011e, al1d Wllich is attached l1ereto as Exhibit uA", al1d consisting of one (I) page. II ~ All property 0W11ers witllin three l1ul1dred feet (3001) of the exter11al FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-OI-OOl HU1vIMEL ARCHITECTS - MT~ VIEW HIGH SCHOOL Page 3 of 9 boundaries llave bee11110tified by lllail, and tlleir Inailing addresses lnay be obtained frOIn the list on file witll the Plal11lil1g and ZOllil1g Departlnellt~ 12. The characteristics of the subject property which preve11t cOlnplia11ce with the reqtlirelnents of tIle ordinallce are that the l1ature of certail1 space heights (gyInl1asitUl1, auditoriuln), whicl1 are necessary to tIle desigl1 and fUI1Ctiol1 of a l1ig11 schooL 13~ TIle IninilnUlTI requirelnellts of the ordillallce that lleed to be reduced to perluit the proposed use would be tIle elimillation of the requirell1ent of the 35' lninilnum buildil1g height al1d allow a building height for tIle gyInnasium of 571. 14. Tile difficulty or l1ardship which would result if tIle requirelnel1ts of the ordina11ce were applied to tIle subject property is t11at if the requirelnents of the ordillal1ce are applied to the project, it would be ilnpossible to provide two ftlllctiollal elelnents whicl1 are crucial to the desigt1 of a lligll scllool; gyllll1asiuln al1d auditorium. 15 ~ Tl1e unusual or pecLtliar cirCUlnstallces which illdica te tlla t regulatio11S of tIle ordinance ShOtlld 110t be strictly cOlnplied with are the requiril1g the l1ew high school building to exceed the luaxilnUlTI allowable height, is the requirelnellt for a gyInnasiUln and an auditorium~ These spaces require higher illterior clearance than call be attained within the lilnits lnandated by a 351 limit. 15~ The special C011ditions al1d circumstallces that exist are the nature of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A V ARlANCE / V AR-OI-OOl HUMMEL ARCHITECTS - MT~ VIEW HIGH SCHOOL Page 4 of 9 particular spatial requirelnents for a high school are not applicable to other buildillgS in the saIne district. 16. A literal interpretatio11 of the provisions of tile ordillance would deprive the developer because other properties in the saIne district are able to incorporate spaces necessary for tlleir fUI1Ctiol1, by the terlTIS of the ordil1ance. A literal interpretatiol1 of the height ordillance would deprive tIle applicant of tIle right to incorporate necessary spaces. 17. The existe11ce of special cirCUlllstances or C011ditio11S affectil1g tIle property is that a high school facility by its very nature, is a taller structure thal1 the 35' allowed ill the R-4 zone, whicll is 110t a result of the applical1t's actiol1. 18. Gral1ting the varia11ce would mai11tain rights which would be afforded to others in the saIne situatioll. 19. The COl11pre11ensive Plal1 for the Low Density Residential District (R-4) is to perlnit the establishlne11t of low de11sity sil1g1e-falnily dwellings, a11d to delineate those areas where predolninantly residential developlnent has, or is lil(ely to occur in accord with the Cornprehel1sive Plal1 of tile City) al1d to protect tIle i11tegrityof residential areas by prohibiting tIle illtrusion of inCOlnpatible 11011residelltial uses. The R-4 District allows for a InaxilTIUln of four (4) dwelling units per acre al1d requires conllectiol1 to the Municipal water a11d sewer systelTIS of the City. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-OI-OOl HUMMEL ARCHITECTS - MT. VIEW HIGH SCHOOL Page 5 of 9 20. The variallce would allow tIle ovvner to COllstruct all educatiollal buildillg that would be functional for the Meridian area studel1ts. 21. The gral1tillg of the requested variance will not be detrimelltal to the public's welfare or injurious to otller property ill the area of the proposed plat, and, i11 fact, t11e developlne11t of the plat in accorda11ce with tIle C011ditio11S of approval and tIle requirelnellts of the Subdivisiol1 Ordi11a11ce will prevent tIle C011ditions which are the source of the cOlnplail1ts raised in the public hearing of this 111atter. 23. The granting of this variance willll0t have an effect of altering tIle interest a11d purpose of the Subdivisiol1 or Developlne11t Ordillance and/or the City's COlnprehel1sive Plan for the reasons stated above. 24. The applicant paid the fee establislled by tIle City Council for applicatioll variallce. CONCLUSIONS OF LAW I. TIle City of Meridian has authority pursuant to tIle ellactluent of the Local Land Use Pla1111illgAct of 1975 codified at Chapter 65, Title 67, and i11 particular, by the provisiollS of Idaho Code 9 67-6516 to provide as part of its zonillg ordinance for the process of applicatiolls for variance perlnits. 2. The City of Meridian has exercised its allt110rity of Idallo Code g 67-6516 by the el1actment as a part of its Zonillg and Developlnellt Ordil1allce variances, as set FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-OI-OOl HUMMEL ARCHITECTS - MT. VIEW HIGH SCHOOL Page 6 of 9 forth ill Meridia11 City Code S 11-18. 3. That the requirelnents for the processing of a variance request are set forth in Idaho Code 39 67-6509,6516 and Meridian City Code 99 11-15-5 a11d 11-17-5. 4~ Application alld sta11dards for variallces are set forth in Meridia11 City Code S 11-18-2, al1d the fi11dings whicll are required are set forth ill Meridian City Code 3 11 ~ 18-3, inclttde required filldings that tllere are special circumstances or C011ditiol1S affectillg the property tllat strict applicatioll of tIle provisions of Z011illg a11d Developlne11t Ordinal1ce would clearly be ilnpracticable alld ullreasonable, and a fillding that strict cOlnpliance witll the requiremellts of tlle Z011il1g al1d Developlne11t Ordinance would result in extraordil1ary hardship to the 0W11er, subdivider or developer because unusual topography, the llature or COlldition of adjacel1t developlnellt, or other physical COllditio11S or other conditions tllat lual<e strict cOlnplial1ce with the ordinal1ce ullreasonable u11der the cirCUll1sta11ces, or that the conditiollS and requirelnents of said ordinal1ce will result il1 i11hibiting the achievelnents or the objectives of the ordillallce, and that the gral1ting of a specified varia11ce will110t be detril11el1tal to the public's welfare or i11juriolls to other property ill the area in which the property is situated, and that such variance will 110t have the effect of alteri11g the interest and ptlrposes of tIle Z011i11g and Developlnellt Ordillance and the Meridian Cornprehe11sive Plal1. 5. Meridian City Code, 9 11-9-1, ZONING SCHEDULE OF BULI(AND FINDINGS OF FACT AND CONCLUSIONS OF LA W AND -- ORDER OF DECISION GRANTING A VARIANCE / VAR-OI-OOI HUMMEL ARCHITECTS - MT. VIEW HIGH SCHOOL Page 7 of 9 COVERAGE CONTROLS, in t11e R-4 Z011e, al1d Wl1ich is attached hereto as Exhibit uA", alld consistillg of Olle (1) page. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, tile City COllncil does hereby Order and this does Order: 1 ~ That the Applical1t is hereby granted a varial1ce froIn the Zoning Schedule of Bull( and Coverage Controls froIn the 35' requirel11ent to 571 for tlle constrnctiol1 of the new MOulltaill View High School for Meridiall ill the R-4 Z011e, and this varial1ce shall illclude the football field outdoor lighti11g. NOTICE OF FINAL ACTION Please ta]ce notice tllat this is a fi11al actioll of the goverl1ing body of the City of Meridian~ Pursuallt to Idaho Code 9 67-6521 a11 affected person bei11g a persoll who has an i11terest in real property whiclllnay be adversely affected by the issuance or del1ial of a varial1ce authorizil1g a variance of tIle Z011ing Schedule of Bull( al1d Coverage C011trols ill the R-4 Zone as provided in the Section 11..9..1 and 111ay witllin twenty-eight (28) days after the date of this decision al1d order seel( a judicial review as provided by Chapter 52, Title 67, Idaho Code~ h=- By action of the City Council at its regular meeting held on the 20 - day of Ii If, rtt..c:t/L- '1- (J , 200 I. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-OI-OOl HUMMEL ARCHITECTS.. MT. VIEW HIGH SCHOOL Page 8 of 9 ROLL CALL: COUNCILMAN RON ANDERSON VOTED~'-' VOTED $A..- VOTED$- COUNCILMAN lCEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE McCANDLESS VOTED $"- MAYOR ROBERT D. CORRIE (TIE BREAICER) VOTED DATED: 2- - 2-0-0 [ ~ BY~~~~~h9 ? ~ City Clerk MOTION: ~ APPROVED: ~ DISAPPROVED: COpY served uPon Aprllical1t~ the PlarUli112: al1d Z011il1g Departlnellt, Public W orIes De .artlnent, a'110 the CIty ALtorney ottlce; . \"\yt.nr.itlll >il.'\.\ Ill', .&\;\\~ of M.Ei~~:.,.,.~ "P,~~~ go ~~~ ,," -..... 'i;.t/A ~..,. /? -- ..-t?( ~~ ,~ ro~::-~. , -\is, ~ Dated: ? ~~ v ~.~r'., ~ C: .. ~ ~6 1'';' .:: :r ~ ; ~ e:~ n F L .~ :.l 0 ~!i1\. :i: ~ - ; . ~ cf?'"? ~ ~ '~f?y h~ ~J ~ /1 ~ ). _'~.""o;)'.r '!t~_..~ ~V .\'" ~ ~~ > ;~:..<~ ._ff fJ'J" --;,'4'>i' .. <} . ~ ~\,\. :;lJ"a.~'$ Q1. W'%~ msg/Z;\ Work\M\MClidian\Meridian 15360M\Mt. 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BEFORE THE MERIDIAN CITY COUNCIL ClC 02-06-01 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A NEW POLICE DEPARTMENT BUILDING IN AN R-8 ZONE, MERIDIAN, IDAHO Case No. CUP-OO-054 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT LOMBARD-CONRAD APPLICANT. The above entitled conditional use permit application having come before the City Council on February 6, 2001, at the hour of 7:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing on behalf of the Applicant was Michael Thomas, and appearing and testifying with comments was John Anderson of the Nampa & Meridian Irrigation District, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY LOMBARD-CONRAD / NEW POLlCE DEPARTMENT R-8 ZONE / (CUP-OO-054) - 1 FINDINGS OF FACT I. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for February 6,2001, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the 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 at the February 6, 2001, public hearing; and the applicant, affected property owners, and government subdivisions providing 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 s67-6509, 6512, and Meridian City Code ss 11-15-5 and 11-17-5 as evidenced by the Mfidavit of Mailing, and the Mfidavit of Publication and Proof of Posting filed with the staff report. 3. The property is located south of Franklin Road and west of Locust Grove Road, Meridian, Idaho. 4. The owner of record of the subject property is the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY LOMBARD-CONRAD / NEW POLICE DEPARTMENT R-8 ZONE / (CUP-OO-054) - 2 5. Applicant is City of Meridian. 6. The subject property is currently zoned R-8. The zoning district of R-8 is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 7. The proposed application requests a conditional use permit for constlUction of a 35,208 sJ. police station. The R-8 zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 8. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 9. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 10. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles II and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 11. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY LOMBARD-CONRAD I NEW POLICE DEPARTMENT R-8 ZONE / (CUP-OO-054) - 3 found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 11.1 Sanitary sewer service to this site is not available at this time. Service will have to be extended from a future main to be installed within the future Watertower Road. Until service is available, sanitary restrictions shall remain in force on the subject parcel. 11.2 Water service to this site is not available at this time. Service will have to be extended from a future main to be installed within the future Watertower Road. Until service is available, sanitary restrictions shall remain in force on the subject parcel. Flow and pressure shall be monitored 'with the Meridian Water Department as part of the design process. It as anticipated that water pressures will be in the range of 50psi. 11.3 Assessments for sewer and water service are detennined during the building permit application process. 11.4 In accordance with City Ordinance II-I3-4.B.2., underground year-round pressurized irrigation must be provided to all landscape areas on site. Applicant shall submit hook-up and design details based on the proposed landscaping. Applicant shall be required to utilize any existing surface orwell water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the landscaped areas. 11.5 Existing Development Agreement Terms: A Development Agreement (DA) is binding on the subject property. Since Howell Murdoch Development Corp. was the developer who signed the DA, they are ultimately responsible to the City for completion of these requirements. The DA requires a CUP for the police station/department and also contains several special conditions that must be met on this property. Staff has reviewed the DA conditions and listed below several conditions that must be completed as part of the annexation. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY LOMBARD-CONRAD / NEW POLICE DEPARTMENT R-8 ZONE / (CUP-OO-054) - 4 Item #5.1 - Any existing irrigation/drainage ditches crossing the property shall be tiled per City Ordinance. No variances were requested at the time of annexation. The applicant requested a wavier, see 11.32 on page 9, as approved by City Council. Item #5.15 - A minimum 20-foot landscape buffer beyond all right-of-way shall be required. (The proposed Site Plan meets this requirement along Watertower Lane.) Item #5.17 - Requires dedication of right-of-way from centerline of Locust Grove Road abutting the parcel by means of a final plat or by recorded Warranty Deed prior to the issuance of any building permits. (A copy of said deed should be provided to the P&Z Department at the time of Certificate of Zoning submittal.) Item # 14, page 9, of the DA states that no Certificates of Occupancy will be issued on this ground "until all infrastructure and other improvements which are imposed by the terms of this agreement, the annexation ordinance, and the CUP are completed," unless there is an amendment. Staff understands this condition to apply to the above~mentioned conditions. 11.6 Ordinance ll-I3~5.B. requires one (1) parking stall per 600 sJ. of floor area plus one (1) for each vehicle used in the conduct of the operation. The Applicant shall provide the estimated number of vehicles to be parked at the site in order for the City to confirm the parking ratio is met by the plan. The plan shows a total of 76 public parking stalls in front of the building and 150 at the rear to serve the station, which appears to exceed the required minimum, even under the projected 42,000 sJ. build-out scenario. 11.7 For 226 parking spaces, ADA requires a minimum of six (6) standard handicap accessible stalls and one (1) van accessible stall, for a total of seven (7) handicap accessible stalls. The Site Plan proposes eight (8) stalls, all of which could be van accessible. The plan meets the minimum standard. 11.8 The Applicant did not submit any details on the anticipated improvement schedule or potential uses of the 3-acre area designated as "Future Green Space." The Applicant should be prepared to discuss possible uses and anticipated timeframes with the P&Z Commission and Council. At a minimum, this 3-acre area must be kept free of weeds over S-inches tall to prevent fire hazards. Since the R-8 zone only allows residential, schools and public service facilities, all other uses on this 3-acre area will require a Conditional Use Permit. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY LOMBARD-CONRAD / NEW POLICE DEPARTMENT R-8 ZONE / (CUP-OO-054) - 5 11.9 Applicant shall provide the building height. A Variance application must be submitted if the height exceeds the 35-foot maximum. 11.10 The proposed Landscape Site Plan shows several trees within the Watertower Lane right-of-way which shall be moved outside the right-of-way for the final Certificate of Zoning Compliance submittal. 11.11 Applicant shall provide a double-end planter at the north end of the double parking row in the east private parking lot and be planted with two (2) trees to match the planter at the south end of the parking row. 11.12 Applicant shall provide the type of construction and height of fencing planned along the east and southern property lines. 11.13 The pre-manufactured maintenance building along the south property line shall be setback a minimum of 15 feet from the property line. 11.14 The Applicant shall provide two (2) free-standing signs on the site, one per entrance with the maximum background area limited to 32 sJ. and the height limited to six (6) feet. Both signs shall be outside the sight triangles and be setback a minimum of 5 feet from the property line. 11.15 Off-street parking shall be provided in accordance with Section 11-13 of the City of Meridian Zarling and Development Ordinance and/or as detailed in site-specific requirements. 11.16 Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.D. and 11-13-4.E. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 11.17 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 11.18 Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4.C. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY LOMBARD-CONRAD / NEW POLICE DEPARTMENT R-B ZONE / (CUP-00-054) - 6 11.19 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9wl-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 11.20 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. The applicant requested a wavier, see 11.32 on page 9, as approved by City Council. 11.21 Applicant shall provide a minimum of one (1) three-inch (3") caliper tree per I ,500 sq. ft. of asphalt area on the site in accordance vvith City Ordinance Section 1I-I3-4.B.3.c. 11.22 All trash and/or garbage collection areas shall be enclosed on at least three (3) sides in accordance with City Ordinance Section 11-12-l.C. Applicant shall coordinate trash enclosure locations and constnlction requirements with Sanitary Service Company (SSC) and provide a letter of approval from SSC to the Planning & Zoning Department prior to applying for building permi ts. 11.23 Provide five-foot-wide sidewalks in accordance with City Ordinance Section I2-5-2.K. 11.24 All construction shall conform to the requirements of the Americans with Disabilities Act. Adopt the Recommendations of the Meridian Fire Department as follows: 11.25 Applicant shall comply with all codes pertaining to water supply, hydrants, and fire sprinkler system. Adopt the Recommendations of the Ada County Highway District as follows: 11.26 Applicant shall extend Watertower Lane abutting the site for the entire length of the parcel, approximately I, I 00 feet east of the existing road terminus. The road shall be constructed as a 40-foot street section with FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY LOMBARD-CONRAD / NEW POLICE DEPARTMENT R-8 ZONE / (CUP-OO-054) - 7 curb, gutter, and 5-foot sidewalks on both sides of the roadway within 58- feet of right-of-way. 11.27 Applicant shall align the westernmost driveway with Adkins Street (extended) as proposed. Applicant shall construct the easternmost driveway approximately 350-feet east of Adldns Street as proposed. 11.28 Applicant shall pave the driveways to their full~required width to a point 30- feet beyond the edge of pavement of Watertower Lane. 11.29 Applicant shall comply with all the Standard Requirements of the ACHD. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 11.30 The Nampa &Meridian Irrigation District's Hunter Lateral courses through the middle of this proposed project. Any encroachments within the easement of the Hunter Lateral without written approval are unacceptable. Adopt the Recommendations of the Central District Health Department as follows: 11.31 No objections provided the building is served by central sewer and water. Additionally, it is recommended that storm water be pre-treated through a grassy swale prior to discharge to the subsurface to prevent impact to ground water and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for storm water disposal and design a storm water management system that is preventing ground water and surface water degradation. Manuals that could be used for guidance are: 11.31.1 State of Idaho Catalog of Stormwater Best Management Practices For Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 11.31.2 Stormwater Best Management Practices Gudiebook. Prepared by City of Boise Public Works Department, January 1997. Adopt the condition from the City Councils' action taken at their meeting held on February 6, 200 I, as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY LOMBARD-CONRAD / NEW POLICE DEPARTMENT R-8 ZONE / (CUP-OO-054) - 8 11.32 The applicant is granted a waiver from tiling the Hunter Lateral with the condition that there shall be no landscaping or improvements on the Nampa & Meridian Irrigation District's easement without first obtaining the Nampa & Meridian Irrigation District's approval. 12. The proposed uses within the subject application will be harmonious with and in accordance with the Meridian Comprehensive Plan and the City of Meridian Zoning and Development Ordinance because: 12.1 The subject property is designated on the "Generalized Land Use Map" as "Single Family Residential". 13. The uses proposed within the subject application subject to the conditions herein ordered will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance or intended character of the general vicinity and that such uses will not change the intended essential character of the same area. 14. The uses proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 15. The uses proposed within the subject application will be served adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer. 16. The uses proposed within the subject application will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY LOMBARD-CONRAD / NEW POLICE DEPARTMENT R-8 ZONE I (CUP-OO-054) - 9 17. The development will not result in the destruction, loss or damage of natural or scenic feature of major importance relating to the property. CONCLUSIONS OF LAW I. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (LC. s67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67- 6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to detennine prior to granting the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY LOMBARD-CONRAD I NEW POLICE DEPARTMENT R-8 ZONE/ (CUP-00-054) - 10 same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code S 11-17-3) a. Will, in fact, constitute a conditional use as determined by City policy; b. Will be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; d. Will not be hazardous or disturbing to existing or future neighboring uses; e. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; f. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. Will not involve uses, aCtiVIties, processes, materials, equipment and conditions of operation that \vill be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 5. Prior to granting a conditional use permit in a Medium Density Residential District (R-8), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use pem1it all FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY LOMBARD-CONRAD / NEW POLICE DEPARTMENT R-B ZONE / (CUP-OO-054) - 11 in accordance with the provisions of Meridian City Code S II-I? -5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Tov'ln and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of tl1e Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code s 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY LOMBARD-CONRAD / NEW POLICE DEPARTMENT R-8 ZONE / (CUP-OO-054) - 12 F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 21, 1993, Ord. 629, January 4,1994 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS 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: l. That the above named applicant is granted a conditional use pennit for construction of a 35,208 sJ. police station in the R-8 zone, subject to the following conditions of use and development: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1.1 Sanitary sewer service to this site is not available at this time. Service will have to be extended from a future main to be installed within the future Watertower Road. Until service is available, sanitary restrictions shall remain in force on the subject parcel. 1.2 Water service to this site is not available at this time. Service will have to be extended from a future main to be installed within the future Watertower Road. Until service is available, sanitary restrictions shall remain in force on the subject parcel. Flow and pressure shall be monitored with the Meridian Water Department as part of the design process. It as anticipated that water pressures will be in the range of 50psi. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY LOMBARD-CONRAD / NEW POLICE DEPARTMENT R-8 ZONE / (CUP-OO-054) - 13 1.3 Assessments for sewer and water service are determined during the building permit application process. 1.4 In accordance with City Ordinance II-13-4.B.2., underground year-round pressurized irrigation must be provided to all landscape areas on site. Applicant shall submit hook-up and design details based on the proposed landscaping. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the landscaped areas. 1.5 Existing Development Agreement Tem1s: A Development Agreement (DA) is binding on the subject property. Since Howell Murdoch Development Corp. was the developer who signed the DA, they are ultimately responsible to the City for completion of these requirements. The DA requires a CUP for the police station/department and also contains several special conditions that must be met on this property. Staff has reviewed the DAconditions and listed below several conditions that must be completed as part of the annexation. Item #5.1 - Any existing irrigation/drainage ditches crossing the property shall be tiled per City Ordinance. No variances were requested at the time of annexation. The applicant requested a wavier, see 1.32 on page IS, as approved by City Council. Item #5.15 - A minimum 20-foot landscape buffer beyond all right-of-way shall be required. (The proposed Site Plan meets this requirement along Watertower Lane.) Item #5.17 - Requires dedication of right-of-way from centerline of Locust Grove Road abutting the parcel by means of a final plat or by recorded Warranty Deed prior to the issuance of any building permits. (A copy of said deed should be provided to the P&Z Department at the time of Certificate of Zoning submittal.) Item # 14, page 9, of the DA states that no Certificates of Occupancy will be issued on this ground "until all infrastructure and other improvements which are imposed by the terms of this agreement, the annexation ordinance, and the CUP are completed," unless there is an amendment. Staff understands this condition to apply to the above~mentioned conditions. 1.6 Ordinance 11-13-5 .B. requires one (I) parking stall per 600 sJ. of floor area plus one (I) for each vehicle used in the conduct of the operation. The FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY LOMBARD-CONRAD / NEW POLICE DEPARTMENT R-8 ZONE / (CUP-OO-054) . 14 Applicant shall provide the estimated number of vehicles to be parked at the site in order for the City to confirm the parking ratio is met by the plan. The plan shows a total of 76 public parking stalls in front of the building and 150 at the rear to serve the station, which appears to exceed the required minimum, even under the projected 42,000 sJ. build-out scenario. 1.7 For 226 parking spaces, ADA requires a minimum of six (6) standard handicap accessible stalls and one (1) van accessible stall, for a total of seven (7) handicap accessible stalls. The Site Plan proposes eight (8) stalls, all of which could be van accessible. The plan meets the minimum standard. 1.8 The Applicant did not submit any details on the anticipated improvement schedule or potential uses of the 3-acre area designated as "Future Green Space." The Applicant should be prepared to discuss possible uses and anticipated timeframes with the P&2 Commission and Council. At a minimum, this 3-acre area must be kept free of weeds over 8-inches tall to prevent fire hazards. Since the R-8 zone only allows residential, schools and public service facilities, all other uses on this 3-acre area will require a Conditional Use Permit. 1.9 Applicant shall provide the building height. A Variance application must be submitted if the height exceeds the 35~foot maximum. 1.10 The proposed Landscape Site Plan shows several trees within the Watertower Lane right-of-way which shall be moved outside the right -of-way for the final Certificate of Zoning Compliance submittal. 1.11 Applicant shall provide a double-end planter at the nortl1 end of the double parking row in the east private parking lot and be planted with two (2) trees to match the planter at the south end of the parking row. 1.12 Applicant shall provide the type of construction and height of fencing planned along the east and southern property lines. 1.13 The pre-manufactured maintenance building along the south property line shall be setback a minimum of 15 feet from the property line. 1.14 The Applicant shall provide two (2) free-standing signs on the site, one per entrance with the maximum background area limited to 32 sJ. and the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY LOMBARD-CONRAD / NEW POLICE DEPARTMENT R-8 ZONE / (CUP-OO-OS4) - IS height limited to six (6) feet. Both signs shall be outside the sight triangles and be setback a minimum of 5 feet from the property line. 1.15 Off-street parking shall be provided in accordance with Section 11-13 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 1.16 Paving and striping shall be in accordance with the standards set forth in Sections II-I3-4.D. and l1-13-4.E. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 1.17 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parldng areas. All site drainage shall be contained and disposed of on-site. 1.18 Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4.C. 1.19 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 1.20 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, "vith written confirmation of said approval submitted to the Public Works Department. The applicant requested a wavier, see 1.32 on page IS, as approved by City Council. 1.21 Applicant shall provide a minimum of one (I) tl1Yee-inch (3") caliper tree per I ,500 sq. ft. of asphalt area on the site in accordance with City Ordinance Section II-I3-4.B.3.c. 1.22 All trash and/or garbage collection areas shall be enclosed on at least three (3) sides in accordance with City Ordinance Section 1I-12-1.C. Applicant shall coordinate trash enclosure locations and construction requirements FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY LOMBARD-CONRAD / NEW POLICE DEPARTMENT R-8 ZONE / (CUP-OO-054) - 16 with Sanitary Service Company (SSC) and provide a letter of approval from SSC to the Planning & Zoning Department prior to applying for building permits. 1.23 Provide five-foot-wide sidewalks in accordance with City Ordinance Section I2-5-2.K. 1.24 AU construction shall conform to the requirements of the Americans with Disabilities Act. Adopt the Recommendations of the Meridian Fire Department as follows; 1.25 Applicant shall comply with all codes pertaining to water supply, hydrants, and fire sprinlder system. Adopt the Recommendations of the Ada County Highway District as follows: 1.26 Applicant shall extend Watertower Lane abutting the site for the entire length of the parcel, approximately I, 100 feet east of the existing road terminus. The road shall be constructed as a 40-foot street section with curb, gutter, and 5-foot sidewalks on both sides of the roadway within 58- feet of right-of-way. 1.27 Applicant shall align the westernmost driveway with Adkins Street (extended) as proposed. Applicant shall construct the easternmost driveway approximately 350-feet east of Adkins Street as proposed. 1.28 Applicant shall pave the driveways to their full-required width to a point 30- feet beyond the edge of pavement of Watertower Lane. 1.29 Applicant shall comply with all the Standard Requirements of the ACHD. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1.30 The Nampa & Meridian Irrigation District's Hunter Lateral courses through the middle of this proposed project. Any encroachments within the easement of the Hunter Lateral without written approval are unacceptable. Adopt the Recommendations of the Central District Health Department as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY LOMBARD-CONRAD I NEW POLICE DEPARTMENT R-8 ZONE / (CUP-OO-054) - 17 1.31 No objections provided the building is served by central sewer and water. Additionally, it is recommended that storm water be pre-treated through a grassy swale prior to discharge to the subsurface to prevent impact to ground water and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for storm water disposal and design a storm water management system that is preventing ground water and surface water degradation. Manuals that could be used for guidance are: 1.31.1 State of Idaho Catalog of Stormwater Best Management Practices For Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 1.31.2 Stormwater Best Management Practices Gudiebook. Prepared by City of Boise Public Works Department, January 1997. Adopt the condition from the City Councils' action taken at their meeting held on February 6, 200 I, as follows: 1.32 The applicant is granted a waiver from tiling the Hunter Lateral with the condition that there shall be no landscaping or improvements on the Nampa & Meridian Irrigation District's easement without first obtaining the N ampa & Meridian Irrigation District's approval. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code S ll-I7-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permi t. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY LOMBARD-CONRAD / NEW POLICE DEPARTMENT R-8 ZONE / (CUP-OO-054) - 18 then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67 -65 21 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 2o.t!: day of lift-t5LMt4, 2001. J ROLLCALL: COUNCILMAN RON ANDERSON VOTED~v COUNCILMAN KEITH BIRD VOTED$-a- COUNCILWOMAN TAMMY deWEERD VOTED~ COUNCILWOMAN CHERIE McCANDLESS VOTED--f/t:-"- MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED_ DATED: 2-2-0-01 MOTION: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY LOMBARD-CONRAD / NEW POLICE DEPARTMENT R-8 ZONE / (CUP-OO-054) - 19 AJ'PROVED:~ DISAPPROVED:_ Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. ,\~"l\\1rH1fUt((ttt~l'f. :o.'\'\ '" of ~t2 0"i1 ""..\cY ~~""'?d ~ ~#/ ~ . /fA l ~o9'?OPi"~~~P~.-. 2--'7,/7_/'( By- ~ kJC~' '<) a \ atf@: c,v [/ City Clerk .~ i ,I!/,p./ msglZ:\ W ork\M\Meri dian\Meridia nti'PFi ndings05 4 ~1,~1;i~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY LOMBARDwCONRAD / NEW POLICE DEPARTMENT Rw8 ZONE / (CUP-00-054) - 20 BEFORE THE MERIDIAN CITY COUNCIL ClC 02-06-01 IN THE MATTER OF THE APPLICATION OF LOMBARD-CONRAD, FORA CONDITIONAL USE PERMIT FOR A NEW POLICE DEPARTMENT BUILDING IN AN R-8 ZONE, MERIDIAN, IDAHO CASE NO. CUP-OO-054 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on the 6TH day of February, 2001, under the provisions of Meridian City Code S 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 1. That the Applicant of the property is granted a conditional use permit for construction of a 35,208 sJ. police station in the R-8 zone, the proposed application request of a conditional use permit for the construction, maintenance and use for a 35,208 sJ. police station in the R-8 zone, as described in the "Conceptual Site Plan" and "Landscape Site Plan", which are on file with the City Clerk's office, by Lombard- Conrad, developer, for the development of the aforementioned construction of a 35,208 s. f. police station in the R-8 zone, and which property is described as: ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - BY LOMBARD-CONRAD / NEW POLICE DEPARTMENT R-8 ZONE / CUP-OO-054 PAGE 1 OF 8 A parcel ofland located in the North 112 of the Southeast 1/4 of the Northeast 1/4 of Section 18, Township 3 North, Range 1 East, of the Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Northeast corner of said Section 18, said corner being common to Sections 7, 8, 17 and 18 of said Township and Range; thence South 00031'1511 West a distance of 1,991.18 feet along the Easterly line of the Northeast 1/4 of said Section 18 to a point on the Southerly line of the North lh of the Southeast 1/4 of the Northeast 1/4 of said Section 18; thence South 89036'01'1 West 316.37 feet along said Southerly line to the TRUE POINT OF BEGINNING; thence South 89036'0111 West a distance of 1,009.82 feet along said Southerly line to the Southwest corner of the North ]12 of the Southeast 1/4 of the Northeast 1/4 of said Section 18; thence North 00029'35" East a distance of 431. 91 feet along the Westerly line of said North [12 of the Southeast 1/4 of the Northeast 1/4 of said Section 18; thence leaving said Westerly line, North 8903914011 East a distance of 1,010.01 feet; thence South 0003ItI5" West a distance of 430.84 feet and parallel with the Easterly line of the North J/2 of the Southeast 1/4 of the Northeast 1/4 of said Section 18 to the POINT OF BEGINNING, said point being on the Southerly line of the North lh of the Southeast 1/4 of the Northeast 1/4 of said Section 18. 2. That the above named applicant is granted a conditional use permit for construction of a 35,208 sJ. police station in the R-8 zone, located south of Franklin Road and west of Locust Grove Road, Meridian, Idaho, subject to the following conditions of use and development: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 2.1 Sanitary sewer service to this site is not available at this time. Service will have to be extended from a future main to be installed within the future Watertower Road. Until service is available, sanitary restrictions shall remain in force on the subject parcel. 2.2 Water service to this site is not available at this time. Service will have to be extended from a future main to be installed within the future Watertower Road. Until service is available, sanitary restrictions shall remain in force on ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - BY LOMBARD-CONRAD I NEW POLICE DEPARTMENT R-8 ZONE I CUP-OO-054 PAGE 2 OF 8 the subject parcel. Flow and pressure shall be monitored with the Meridian Water Department as part of the design process. It as anticipated that water pressures will be in the range of 50psi. 2.3 Assessments for sewer and water service are determined during the building permit application process. 2.4 In accordance with City Ordinance lI-13-4.B.2., underground year-round pressurized irrigation must be provided to all landscape areas on site. Applicant shall submit hook-up and design details based on the proposed landscaping. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the landscaped areas. 2.5 Existing Development Agreement Terms: A Development Agreement (DA) is binding on the subject property. Since Howell Murdoch Development Corp. was the developer who signed the DA, they are ultimately responsible to the City for completion of these requirements. The DA requires a CUP for the police station/department and also contains several special conditions that must be met on this property. Staff has reviewed the DA conditions and listed below several conditions that must be completed as part of the annexation. Item #5.1 - Any existing irrigation/drainage ditches crossing the property shall be tiled per City Ordinance. No variances were requested at the time of annexation. The applicant requested a waiver, see 2.32 on page 7, as approved by City Council. Item #5.15 - A minimum 20-foot landscape buffer beyond all right-of- way shall be required. (The proposed Site Plan meets this requirement along Watertower Lane.) Item #5.17 - Requires dedication of right-of-way from centerline of Locust Grove Road abutting the parcel by means of a final plat or by recorded Warranty Deed prior to the issuance of any building permits. (A copy of said deed should be provided to the P&Z Department at the time of Certificate of Zoning submittal.) Item # 14, page 9, of the DA states that no Certificates of Occupancy will be issued on this ground "until all infrastructure and other improvements which are imposed by the terms of this agreement, the annexation ordinance, and the CUP are completed," unless there is an ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - BY LOMBARD-CONRAD J NEW POLICE DEPARTMENT R-8 ZONE J CUP-OO-054 PAGE 3 OF 8 amendment. Staff understands this condition to apply to the above- mentioned conditions. 2.6 Ordinance lI-13-5.B. requires one (1) parking stall per 600 s.f. of floor area plus one (1) for each vehicle used in the conduct of the operation. The Applicant shall provide the estimated number of vehicles to be parked at the site in order for the City to confirm the parking ratio is met by the plan. The plan shows a total of 76 public parking stalls in front of the building and 150 at the rear to serve the station, which appears to exceed the required minimum, even under the projected 42,000 s.f. build-out scenario. 2.7 For 226 parldng spaces, ADA requires a minimum of six (6) standard handicap accessible stalls and one (I) van accessible stall, for a total of seven (7) handicap accessible stalls. The Site Plan proposes eight (8) stalls, all of which could be van accessible. The plan meets the minimum standard. 2.8 The Applicant did not submit any details on the anticipated improvement schedule or potential uses of the 3-acre area designated as "Future Green Space." The Applicant should be prepared to discuss possible uses and anticipated timeframes with the P&Z Commission and Council. At a minimum, this 3-acre area must be kept free of weeds over 8-inches tall to prevent fire hazards. Since the R-8 zone only allows residential, schools and public service facilities, all other uses on this 3-acre area will require a Conditional Use Permit. 2.9 Applicant shall provide the building height. A Variance application must be submitted if the height exceeds the 35-foot maximum. 2.10 The proposed Landscape Site Plan shows several trees within the Watertower Lane right-of-way which shall be moved outside the right-of-way for the final Certificate of Zoning Compliance submittal. 2.1l Applicant shall provide a double-end planter at the north end of the double parldng row in the east private parldng lot and be planted with two (2) trees to match the planter at the south end of the parldng row. 2.12 Applicant shall provide the type of construction and height of fencing planned along the east and southern property lines. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - BY LOMBARD-CONRAD / NEW POLICE DEPARTMENT R-8 ZONE / CUP-OO-054 PAGE40F8 2.13 The pre-manufactured maintenance building along the south property line shall be setback a minimum of IS feet from the property line. 2.14 The Applicant shall provide two (2) free-standing signs on the site, one per entrance with the maximum background area limited to 32 s.f. and the height limited to six (6) feet. Both signs shall be outside the sight triangles and be setback a minimum of 5 feet from the property line. 2.15 Off-street parking shall be provided in accordance with Section II" 13 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 2.16 Paving and striping shall be in accordance with the standards set forth in Sections 11"13-4.D. and Il-13-4.E. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 2.17 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parldng areas. All site drainage shall be contained and disposed of on-site. 2.1S Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section II-I3"4.C. 2.19 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-S. Wells may be used for non-domestic purposes such as landscape irrigation. 2.20 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. The applicant requested a waiver, see 2.32 on page 7, as approved by City Council. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - BY LOMBARD-CONRAD / NEW POLICE DEPARTMENT R-8 ZONE / CUP-OO-054 PAGE 5 OF 8 2.21 Applicant shall provide a minimum of one (1) three-inch (3") caliper tree per 1 ,500 sq. ft. of asphalt area on the site in accordance with City Ordinance Section lI-13-4.B.3.c. 2.22 All trash and/or garbage collection areas shall be enclosed on at least three (3) sides in accordance with City Ordinance Section II-I2-1.C. Applicant shall coordinate trash enclosure locations and construction requirements with Sanitary Service Company (SSC) and provide a letter of approval from SsC to the Planning & Zoning Department prior to applying for building permits. 2.23 Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K. 2.24 All construction shall conform to the requirements of the Americans with Disabilities Act. Adopt the Recommendations of the Meridian Fire Department as follows: 2.25 Applicant shall comply with all codes pertaining to water supply, hydrants, and fire sprinkler system. Adopt the Recommendations of the Ada County Highway District as follows: 2.26 Applicant shall extend Watertower Lane abutting the site for the entire length of the parcel, approximately 1,100 feet east of the existing road terminus. The road shall be constructed as a 40-foot street section with curb, gutter, and 5- foot sidewalks on both sides of the roadway within 58-feet of right-of-way. 2.27 Applicant shall align the westernmost driveway with Adkins Street (extended) as proposed. Applicant shall construct the easternmost driveway approximately 350-feet east of Adkins Street as proposed. 2.28 Applicant shall pave the driveways to their full-required width to a point 30- feet beyond the edge of pavement of Watertower Lane. 2.29 Applicant shall comply with all the Standard Requirements of the ACHD. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - BY LOMBARD-CONRAD I NEW POLICE DEPARTMENT R-8 ZONE I CUP-OO-054 PAGE 6 OF 8 2.30 The Nampa & Meridian Irrigation District's Hunter Lateral courses through the middle of this proposed project. Any encroachments within the easement of the Hunter Lateral without written approval are unacceptable. Adopt the Recommendations of the Central District Health Department as follows: 2.31 No objections provided the building is served by central sewer and water. Additionally, it is recommended that storm water be pre-treated through a grassy swale prior to discharge to the subsurface to prevent impact to ground water and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for storm water disposal and design a storm water management system that is preventing ground water and surface water degradation. Manuals that could be used for guidance are: 2.31.1 State of Idaho Catalog of stormwater Best Management Practices For Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2.31.2 stormwater Best Management Practices Gudiebook. Prepared by City of Boise Public Works Department, January 1997. Adopt the condition from the City Councils' action taken at their meeting held on February 6, 2001, as follows: 2.32 The applicant is granted a waiver from tiling the Hunter Lateral with the condition that there shall be no landscaping or improvements on the Nampa & Meridian Irrigation District's easement without first obtaining the Nampa & Meridian Irrigation District's approval. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. By a~tion pf the City Council at its regular meeting held on the ~A1rUj;i./L':J ,2001. 2o~ day of ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - BY LOMBARD-CONRAD I NEW POLICE DEPARTMENT R-8 ZONE I CUP-OO-054 PAGE70F8 Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. Bydh~~~~ City Clerk Dated: J-2cJ,-tJ( msg/Z:\ W ork\M\Meridian\Mcridian 15360M\Mcrid ianPolicc DcptCUP054\CUPOrdcr054 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - BY LOMBARD-CONRAD / NEW POLICE DEPARTMENT R-8 ZONE / CUP-OO-054 PAGE 8 OF 8 BEFORE THE MERIDIAN CITY COUNCIL C/C 02-06-01 IN THE MATTER OF THE ) APPLICATION OF SITZLAR ) REAL ESTATE DEVELOPMENT, ) LLC, THE APPLICATION FOR ) ANNEXATION AND ZONING ) OF 20.20 ACRES FOR A ) DEVELOPMENT OF A 3-LOT ) COMMERCIAL SUBDIVISION ) TO BE I<NOWN AS ) SPARROWHAW!( ) SUBDIVISION, LOCATED AT ) THE NORTHEAST CORNER OF ) NOLA ROAD AND FRANICLIN ) ROAD, MERIDIAN, IDAHO ) ) Case No. AZ-OO-024 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TIle above entitled all11exation al1d z011ing applicatiol1 havil1g COIne on for public l1eari11g 011 Febrtlary 6, 200 I, at the llour of 6:30 p.l11., a11d S11ari Stiles, Pla11ning al1d ZOllillg Adlnil1istrator, appeared a11d testified) al1d appeari11g 011 behalf of tIle Applica11t was ShaW11 Niclcel, al1d appearil1g al1d testifyi11g with COl11111ents a11d/or COllcerl1S was J Oh11 Andersoll, al1d t11e City COll11Cil havillg dtlly COl1sidered tl1e FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY SITZLAR REAL ESTATE DEVELOPMENT LLC / SPARROWHAWI( SUB. / (AZ-OO-024) evide11ce alld the record in this lnatter tllerefore l11al<es the followil1g Findil1gs of Fact and. C011Clllsions of Law, and Decision al1d Order: FINDINGS OF FACT I ~ TIle notice of public hearillg on the applicatio11 for annexation and zonillg was published for two (2) C011SeCtltive vveel(s prior to said public l1eari11g scheduled for February 6, 200 I, before tIle City COllncil, tIle first publicatiol1 appearing al1d writtel1 110tice having been lnailed to property owners or purchasers of record withill three hllndred feet (300') of the exter11al boulldaries of tile property under C011sideration lTIOre than fifteell (15) days prior to said hearil1g alld wit11 t11e notice of public l1eari11g havi11g beel1 posted UpOl1 the property lll1der COllsideratiol1 more thail OIle weel( before said hearil1g; alld that copies of all notices were Inade available to l1ewspaper, radio a11d televisiol1 statio11S as public seIVice a11110Ullcell1ellts; al1d the l11atter havil1g beel1 duly COllsidered by tIle City COllI1Cil at t11e February 6, 200 I, public hearing; alld the applicant, affected property QW11erS, alld governlne11t subdivisiol1S providi11g services witllin the plal111illg jurisdictioll of tile City of Meridian, llaving bee11 given full opportul1ity to express COlnnlents and sublnit evide11ce. 2. There llas been cOlnpliance with all110tice and hearil1g requirell1el1ts set forth i11 Idaho Code 9S 67-6509 alld 67 OR6511) alld Meridial1 City Code 99 11-15-5 and 11-1 6..1 . FINDINGS OF FACT AND CONCLUSIONS OF LAW- AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY SITZLAR REAL ESTATE DEVELOPMENT LLC / SPARROWHAWI( SUB. / (AZ-OO-024) Page 2 (- 3. TIle City Council talces jlldicialllotice of its Z011i11g, subdivisiol1S and developl11el1t ordinal1ces codified at Titles II alld 12, Meridiall City Code, al1d all curre11t Z011il1g 111aps tllereof, alld the COlnprellellsive PlaIl of the City of Meridiall adopted Decelnber 21, 1993, Ordinance No. 629, J anual)' 4, I 994, and Inaps and the ordi11a11ce establishillg the Ilnpact Area BOl1.11dary. 4. The property which is the subject of tIle applicatioll for all11exatioll a11d z011ing is described ill the application, al1d by tllis referellce is i11corporated herein as if set fo rth ill fl111. 5. The property is approxilnately 20.20 acres ill size al1d is located at the llortheast corller of Nola Road alld Frall1dill Road. The property is desigllated as Sparrowllawl( Subdivisio11. 6. The owner of record of the subject property is D. Arlene Stlltzll1all, of Meridiall, Idallo. 7. Applicallt is Sitzlar Real Estate Developlne11t LLC.) of Eagle, Idaho. 8. TIle property is presel1tly z011ed by Ada COltl1ty as RT, alld COllSists of residelltial al1d opel1 groulld. 9. TIle Applicallt requests the property be z011ed as C-G. 10. The subject property is bordered to the 110rth by Locust Grove I11dustrial Parle, by Greel1hill Estates Subdivisioll ill Ada County to the south, a Meridian scllool site to tIle east, a single falnily residence to the 11orthwest, a11d city FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY SITZLAR REAL ESTATE DEVELOPMENT LLC/ SPARROWHAWI( SUB~ / (AZ-OO-024) Page 3 lilnits of the City of Meridial1 are adjacent alld abllt to the north and east of the subject property. II. The property which is the subject of this applicatiol1 is witlli11 t11e Area of Ilnpact of tIle City of Meridian. 12. The el1tire parcel is illcluded witllill tIle Meridial1 Urball Service Plannil1g Area~ 13. The Applical1t proposes to develop tIle subject property in tIle followillg luanner; develop a 3-lot cOffilnercial Sllbdivisioll. 14. The Applicant requests z011ing of the subject real property as C-G which is C011sistent with the Meridia11 COlnprehensive PlaIl Generalized Land Use Map whicll desigl1ates the subject property as Mixed/Plall11ed Use Developl11el1t. 15. Tllere are 110 sigllifical1t or scellic features of lnajor ilnporta11ce tllat affect the COl1sideratiol1 of this applicatioll. 16~ TIle City COUI1Cil appreciates al1d recogl1izes tIle C011cerl1S of Milo o. Elston who subluitted a letter 011 Ja11uary 3,2001. 17. Givi11g dtle COl1sideratio11 to the COlnlnellt received froln the governlnelltal subdivisions providing services in the City of Meridia11 plal1ning jurisdictioll, public facilities a11d services required by the proposed developlnellt will 110t ilnpose expellse UpOll the public if the following COllditiollS of developlne11t are imposed: FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY SITZLAR REAL ESTATE DEVELOPMENT LLC / SPARROWHAWI( SUB. / (AZ-OO~024) Page 4 Adopt the ReC01TIlnel1datiollS of the Plall11ing al1d Z011illg alld Engineeri11g staff as follows: 17.1 Applicant shall be required to ellter il1tO a Developlne11t Agreelnel1t with the City as a COl1ditio11 of allnexation. 17.2 A conditiol1 of the Developlnent Agreel11ellt sllall be that developluent al1d use of eacll lot i11 this Sllbdivisiol1 will occur 0111y through tIle Conditiollal Use Perluit process. 17.3 Due to the single-falnily use abutti11g Lot 11 Blocl( 1, a Inil1ilnum 25- foot-wide plal1ting strip1 it1 accordal1ce with City Ordinance 12-13, is required along tIle property lines abllttillg the residential lot alld sllall be a COllditiol1 attached to tllis property ill the Develol)lne11t Agreelnent. 17.4 A InillilnUln lO..foot-wide la11dscape street buffer1 platted as a separate COllllllon lot, shall be required beyo11d the existi11g right-of-way li11e along the full North Nola Road frontage. 17.5 A 111i11ilUUln 35-foot-wide lal1dscape street buffer, platted as a separate COlTIlnOn lot1 sllall be required beyolld the future rigllt-of-way li11e alo11g tIle full Frallldi11 Road frontage. 17.6 A detaclled sidewalI( with a l11illill1UlTI 5-foot~wide planter strip betweel1 the curb and sidewallc shall be required alol1g tl1e Frallldi11 Road frontage. 17.7 All irrigatio11 ditc!les, laterals or callaIs) exclusive of l1atural waterways, intersecting, crossil1g or lyil1g adjacel1t alld COlltiguous to the parcel shall be tiled per City Ordinance 12-4-13 al1d plalls shall be approved by tIle appropriate irrigation/draillage district, or lateral users associatioll, with written cOl1firmatio11 of said approval subluitted to the Public W orl(s Departl11ellt. 17.8 AllY existing dOlnestic wells a11d!or septic systellls within this project will have to be rellloved froIn their dOlnestic service per City Ordillallce Section 9-1-4 a11d 9M4..8 . Wells Inay be used for nOl1-dolnestic purposes such as la11dscape irrigatio11. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY SITZLAR REAL ESTATE DEVELOPMENT LLC / SPARROWHAWIC SUB. / (AZ-OO-024) Page 5 17 ~ 9 Two-hundredMfifty.. al1d I DO-watt, 11igh-preSStlre sodiuln streetlights will be required at !ocatiollS desigllated by the Public W orl(s Departlnellt. All streetlights shall be illstalled at subdivider's expense. Typical locatio11S are at street il1tersections allcVor fire llydrants. 1 7.10 Outside lighti11g shall be desig11ed and placed so as 110t to direct illulllinatioll 011 al1Y l1earby residential areas and ill accordance with City Ordi11allce Sections 11-13-4.C. al1d 12-5-2.M~ 17.11 Off street parl<.ing shall be provided in accordallce with tIle City of Meridiall Ordilla11ce 11-13 for use of property. I 7.12 A draillage plall designed by a State of Idaho licel1sed architect or el1gineer is required alld shall be sublnitted to tIle City Ellgil1eer (Ord. 557, 10-1-91) for all off-street parldng areas ill the proposed future cOll11nerciallots. All site drai11age sllall be C011tained and disposed of on-site. 17.13 All signage ill the proposed future cOll11nerciallots sllall be in accordance with the standards set forth ill Sectiol1 11-14 (or subsequently adopted ordinance) of the City of Meridiall Z011i11g a11d Developlnent Ordinance. No telnporary sigl1age1 flags, bal1ners or flashi11g signs will be perlnitted. 17.14 Provide five-foot~wide sidewall(s in accorda11ce with City Ordinance Sectio11 12~5..2.I(. 17.15 All constructio11 shall cOnfOrlTI to tIle requirelnel1ts of the A.1nericans with Disabilities Act. 17.16 The Applica11t is aware tllat strip cOlnmercial developlnel1t is prohibited, alld tllerefore, Applica11t shall be required to i11forln prospective buyers of the lots that clustered1 off-set setbaclcs al1d creative design shall be encouraged a11d developlnent representil1g any forln of strip developlnellt is 110t allowed. Adopt the Recollllnendatiolls of the Ada COU11ty Highway District dated February 6, 200 I, and upon the cOlnpletion of their review adopt any additiollal Recol111ne11datiollS in ACHD actioll to follo\v 011 or about February FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY SITZLAR REAL ESTATE DEVELOPMENT LLC / SPARROWHAWI( SUB. / (AZ-OO~024) Page 6 28,2001. 18. It is fOUlld that if the developer pays for the requested ilnprovell1ellts alld cOlnplies with tIle COllditiollS set forth in these Filldings of Fact No. 171 and all sub~parts, the eCOI10111ic welfare of the City al1d its residents al1d tax alld rate payers will be protected, whicl1 requirell1el1t shall be illcluded ill a developmel1t agreelne11t, a COllditioll of annexatiol1 and Z011il1g desigllatioll. 18. It is also fOUl1d that the developlnent consideratiol1S as referellced in Findillg No. 17 are reasonable to require a11d 111llSt be talcen i11tO account, ill order to assure tIle proposed developl11ellt is designed, COllstructed1 operated and Inaintail1ed ill a Inall11er whicll is 11arlnolliot1.s and appropriate i11 appearal1ce with tIle existing, or il1tellded character of the general vicinity, il1 order to assure that the proposed use will not cllange tIle essential character of the affected vicinity al1d will insure that the proposed llses ,viII not be hazardolls or disturbil1g to the existil1g, or futltre l1eighboril1g uses, particularly COl1sideril1g the ill1pact of proposed developluel1t on potential to produce excessive traffic, noise, slnolce, fUlnes, glare and odors~ 19~ It is found that the z011ing of the subject real property as General Retail and Service COll1111ercial District (C-G) requires connectiol1 to the MUllicipal Water and Sewer systelns a11d will be cOlnpatible with the Applicallt's developlnent intelltions, a11d will assure that the Z011i11g is COl1siste11t with the Meridia11 COlnprehellsive Plan Generalized Lal1d Use Map which desigl1ates the subject FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY SITZLAR REAL ESTATE DEVELOPMENT LLC / SPARROWHAWI( SUB. / (AZ-OO-024) Page 7 property as MixedlPla1111ed Use Developll1e11t. 20. The subject annexatioll request alld zoni11g desigllation al1d proposed developlnellt relates and is cOlnpatible to the goals a11d policies of the COlnprehel1sive Plan of the City as follows: 20~ I The COllsideratio11 of the provisio11S of the COlnprehensive Plall and the reqttirelnel1ts of the Z011i11g ordinance assure that the processing of sucl1 application is the Inallagelne11t of growth witll the aill1 to achieve l1ig11'" quality developlnent. E11hal1celnel1t of Meridial1~S quality of life for all residents is achieved by applying the criteria of the COl11pre11el1sive Plall al1d the zoning ordillal1ce of the City to all applicatio11S such as the subject applicatiol1. 20.2 This proposed new growth developlnent will finance public setvice expansion by the requirelnent herei11 that tIle applicant comply with the requests sltblnitted of the political subdivisiol1S respol1ses withil1 the Meridiall Urbal1 Service Planning Area sublnitted in the record of this Inatter. 20~3 The applicatiol1 is consistent with Meridia11's self identity. 20.4 The preservation al1d il11provelnel1t of the character and quality of Meridia11's l11a11"lnade environlne11t while Inaintail1i11g its identity as a self-sufficie11t COl111TIUllity is achieved by applyillg the criteria of tIle COlnprelle11sive Pla11 alld the Z011i11g ordinal1ce of tIle City to the subject application. 20.5 COlnpliance with tIle reqllests of the political subdivisions providing services, assures that COlTIlTIUllity setvices are being provided for existing alld projected needs and that the land use patterns of the City are balanced to i11sure that revel1ues pay for services al1d tllat the Urban Setvice Plalll1i11g Area is vistlally attractive, efficiently ma11aged al1d clearly idel1tifiable. 20.6 Cornpatible alld efficiellt use of lalld through in110vative and functiol1al site desigll is achieved by applyi11g tile criteria of the COlnprehensive FINDINGS OF FACT AND CONCLUSIONS OF LAW ~ AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY SITZLAR REAL ESTATE DEVELOPMENT LLC / SPARROWHAWIC SUB. / (AZOROO-024) Page 8 Plan a11d the zoni11g ordina11ce of the City to the stlbject application. CONCLUSIONS OF LAW 1. The City of Meridial1 has authority to allllex real property UpOl1 vvritte11 reqtlest for al1nexatioll a11d the real property beil1g COl1tiguOtlS or adjacel1t to city bOU11daries a11d that said property lies withill the area of city ill1pact as provided by Idaho Code Sectio11 50~222. The Meridian City Code S 11-16 provides the City may a11nex real property that is withill the Meridiall Urbal1 Service Planllillg Area as set fortll ill the City's COll1prellensive Plan. 2. The COUllcillnay ta!(e judicialllotice of governl11ellt ordi11a11ces, al1d policies, alld of actual C011ditions existing withill the City al1d State. 3. The City of Meridiall has exercised its authority a11d respo11sibility as provided by "Local Lalld Use Plallnillg Act of 1975', codified at Chapter 65, Title 67) Idaho Code by the adoptioll of 'Colnprehellsive Plan, City of Meridian, adopted Decell1ber 21,1993, Ord. No. 629, January 4,1994.' 4. The following are fOUIld to be pertinel1t provisio11S of the City of Meridiall COlnprehellsive Plall alld are applicable to tllis Applicatiol1: 4.A The Goals of the COlnprehensive Plan are set forth at Page 5 al1d include: 4.1 To preserve Meridial1's el1vironlnel1tal quality alld to lnal<.e provisiollS for al1d ilnprove tIle total11atural ellvironlnellt by adopti11g City-wide a11d Urba11 Service Pla11nillg Area policies, wl1ich deal witll area~specific policies and FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY SITZLAR REAL ESTATE DEVELOPMENT LLC/ SPARROWHAWI( SUB. / (AZOROO-024) Page 9 progralns~ 4.2 To ensure that growtll and developlnent occur ill all orderly fashioll in accordance with adopted policies alld procedures goverllillg the use of lal1d, residential developlnellt the provision of services a11d tile distributiol1 of l1ew housing Ullits withill tIle Urba11 Service Planning Area. 4.3 To encourage tIle ldnd of eC01101nic growth al1d developlne11t whicl1 supplies elnploYlnent alld econolnic self-sufficiency for existil1g and futllre residents, reduces the present reliance on Boise al1d stre11gthens the City~s ability to fillance alld ilnplemellt public ilnproveIne11ts) services and its open space character. 4.4 To provide 11ousil1g opportu11ities for all econolnic groups withil1 the CO 1 11lnUllity. 4.5 To preserve and ill1prove the character and quality of Meridial1~s Inall-Inade envirolllnent while mail1taining its identity as a self-sufficient community. 4.6 To el1CQUrage cultural, educational al1d recreatiollal facilities which will fill the lleeds and preferences of the citizellS of Meridian al1d to il1Stlre that tllese facilities are available to all reside11ts of the City. 4.7 To provide COllllTIU11ity services to fit existil1g and projected needs. 4.8 To establisll cOlupatible and efficient use of lalld through the use of il1110vative alld fUllctio11al site design. 4.9 To encourage a balallce of land use patterns to insure that reve11ues pay for services. 4.10 To create all Urbal1 Service Plal111i11g Area which is visually attractive) efficiently l11anaged alld clearly idelltifiable. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY SITZLAR REAL ESTATE DEVELOPMENT LLC / SPARROWHAWIC SUB. / (AZ-OO-024) Page I 0 4~B The Goals al1d Polices of tIle COll1prehe11sive Plan that lTIOSt directly apply to tIle proposed project are as follows: Goal 3 is "to e11courage the land of eCOl10mic growth alld developlnellt which supplies elnploYl11el1t alld eco11olnic self- sufficie11cy for existillg and ftlture reside11ts, redtlCes the present reliallce 011 Boise and strengtllens the City's ability to fina11ce a11d ilnplelllent public improvel1lel1ts, services, alld its open space character ~ " Goal 8 is ('to establisll cOlnpatible al1d efficiellt use of land through the use of innovative and functional site design." Goal 9 is uto encourage a balallce of land LIse patterns to insure that revenues pay for services. n Economic Development 1.1 The City of Meridiall shall Inal(e every effort to create a positive atlTIospIlere tllat ellCQUrages . . . COlTIlnercial e11terprises to locate ill Meridiall. 1.3 The character, site ilnprovelnellts a11d type of l1ew COll11nercial or illdustrial developlnellts should be harlnollized with the l1atural envirOl11nellt and respect the ul1iqlle l1eeds alld features of eacll area. 1.5 Strip illdustrial and COlTIlnercialllses are 110t il1 cOlnplia11ce witll tIle COlnprehellsive Plal1~ Land Use 1.10U PrOlnote tIle desig11 of attractive roadway elltryway areas il1tO Meridiall which will clearly idelltify tIle co 1111TI uni ty ~ 3.7 Il1dustrial uses whicll require the storage or tIle prodttctioll of explosive or hazardous Inaterials shottld 110t be located l1ear reside11tial areas, al1d FINDINGS OF FACT AND CONCLUSIONS OF LAW .. AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY SITZLAR REAL ESTATE DEVELOPMENT LLC / SPARROWHAWIC SUB. / (AZ..OO-024) Page II 4.3U 5.9 5.12 5.13 5.14 should c011forln to disposal, spill a11d storage meaStlres as outlined by the U.S. EPA. El1courage l1ew cOlumercial developlnellt ill under- utilized existil1g COlTIlnercial areas. The integrity alld identity of any adjoilling residelltial neighborhood should be preserved through tile use of bufferil1g tech11iqlteS, il1Cludil1g screen pla11tillgs, opell space and other lalldscaping tech11iques. Strip developlne11t withi11 this Inixed-use area is 110t il1 cOlnpliance vvith the goals al1d policies of tIle COl11prehellsive Plall. Clusteri11g of uses and controlled access points alollg arterials alld collector streets will be required. Because these areas are llear 1-84 and Franldill Roads, high-quality visual appearance is essential. All developlne11t proposals ill this area will be subject to developlnent review guideli11es alld C011ditional use perluitti11g procedures. Natural Resource & Hazardous Areas 2.1U 3.IU 3.2U Developlnellt along Inajor drai11age ways will be restricted to ensure that developlnent does not cause additiol1al grollnd or surface water COlltalninatioll. Manage a11d prevel1t unsuitable uses alollg drainageways alld protect the flood plain of creelcs a11d drail1s. Protect the potential beauty and recreational trail opportunities of all Meridiall waterways. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY SITZLAR REAL ESTATE DEVELOPMENT LLC / SPARROWHAWIC SUB. / (AZ-OO~024) Page 12 Community Design 1.3 Ope11 space areas withil1 all developlnent should be e11couraged. 1.4 Major e11trallces to the City sllould be enhanced a11d elnphasized. Unattractive land uses along tllese elltrallces should be screelled froIn view. 2.IU Reqtlire busillesses and goverlllne11t to install and 111ailltai11 landscapillg. 2.3U Ellcourage the beautification of streets1 parlcing lots. . . etc. 5. The zoning of Gelleral Retail alld SeIVice COlnlnercial District (C-G) is defined in the ZOlli11g Ordinal1ce at S 11..7-2 I( as follows: (C-G) General Retail and Service Commercial District: TIle purpose of tIle C-G District is to provide for cOllllnercialllses which are custolnarily operated elltirely or allTIOst e11tirely withil1 a buildillg; to provide for a review of the ilnpact of proposed COlTIlnercial uses whicll are auto alld service orie11ted alld are located i11 close proxilnity to luajor highway or arterial streets; to fulfill the l1eed of travel-related seIVices as well as retail sales for the trallsient a11d perlnallellt Inotorillg public. All sucll districts sllall be cOll11ected to the Mtl11icipal water al1d sewer systelTIS of the City, and shall110t C011stitute strip cOllllnercial development and encourage clusterillg of comlnercial developmellt. 6. By authority of the City of Meridia11 ul1der the COlnprehensive Plall, a C011ditiol1al tlSe perluit is required for Applicant to construct a11d develop a 3ORlot co Inlnercial subdivisiol1. 7. Sillce the a1111exatiol1 alld ZOllillg of la11d is a legislative functio11, the City has authority to place COl1ditiollS UpOll tIle allnexatioll of la11d. See Burt vs. The FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY SITZLAR REAL ESTATE DEVELOPMENT LLC / SPARROWHAWI( SUB. / (AZ-OO-024) Page 13 City of Idaho Falls, 105 Ida110 65, 665 P2d 1075 (1983). '" 8. The developlnellt of the anllexed land, if al1nexed, shall 111eet and cOlnply witll the Ordinallces of tile City of Meridia11 il1Cludillg, but 110t lilnited to: Section 120M 2-4 which pertains to developlne11t tilue schedules a11d requirelnel1ts; Sectiol1 12-4-13, whicll pertaills to the pipil1g of ditches; alld Sectiol1 12-5-2 N) whicl1 pertains to pressurized irrigation systelns. 9. The developl11ent of the property shall be subject to and cOl1trolled by the Zoning al1d Subdivisioll and Developlnent Ordina11ces of the City of Meridiall. 10. Section 11-16-4 A of tIle Zonil1g alld Developll1e11t Ordinance provides ill part as follows: If property is all11exed and z011ed, the City may require or pertuit, as a COlldition of the zOlling, that all owner or developer malce a written COlTIll1itment concernillg the use or developme11t of the subject property. If a COlTIlnitlne11t is reqllired or perlnitted, it shall be recorded i11 the office of the Ada COUllty Recorder a11d shall ta!<e effect UpOll tIle adoption of the ordinance anllexil1g al1d Z011il1g tIle property, or prior if agreed to by the OWller of the parcel. Unless tile C01TIlnitlnel1t is lTIodified or terlnillated by the City COUI1Cil, tIle COll11uitl11el1t shall be bi11dil1g 011 the 0W11er of the parcel, each subsequellt OWl1er, al1d each otller persoll acquiring all illterest in the property. A COlnlnitll1e11t is bi11ding 011 the owner of the property evell if it is unrecorded; however, all Ullrecorded COlTIlnitlnent is bil1dil1g 011 subseqttent owners al1d eacl1 other person acquiring an illterest il1 the property 0111y if the subsequellt 0W11er al1d each otller person acquiril1g al1 illterest in the property has actual llotice of the COlTIl1litlnellt. 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: FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY SITZLAR REAL ESTATE DEVELOPMENT LLC / SPARROWHAWI( SUB. / (AZ-OO-024) Page 14 I. The applica11t's request for anllexatiol1 and zoning of approximately 20.20 acres to Gel1eral Retail alld Service COlulnercial District (C..G) for the developlnent of a 3..lot COlnlnercial subdivisioll is granted subject to tIle terlTIS alld COllditiollS of this Order herei11after stated. 2. Tile application is for a1111exatioll a11d z011ing of 20.20 acres. The legal descriptio11 shall be prepared by a Registered Land Surveyor, Lice11sed by the State of Idaho, alld sllall conform to all the provisio11S of tile City of Meridial1 Resolution No. 158~ The legal description for alll1exatiol1 luust place this parcel contiguous to the Corporate City Liluits per Ordinance No. 686. 3. Developer ellter i11tO a Developll1ellt Agreell1ent that provides ill the evellt tIle conditiollS thereill are not l11et by the Developer that the property shall be subject to de-a1111exatiol1, with tIle City of Meridiall, \vhich provides for the following COl1ditiol1S of developluellt, to-wit: Adopt the Recolnlnel1datiollS of tIle Plal1nil1g al1d Z011illg and El1gilleerillg staff as follows: 3.1 Applicallt shall be required to enter i11tO a Developlnent Agreement with the City as a COllditio11 of an11exatioll. 3.2 A COlldition of the Developluellt Agreement shall be that developlnent alld use of each lot i11 this Sllbdivisioll will occur 0Illy through tIle COl1ditiol1al Use Perlnit process. 3.3 Due to tIle si11g1e-falnily use ablltting Lot 1, Blocl<. 1, a IninimUll1 25- foot-wide plal1til1g strip, ill accordallce witll City Ordil1allce 12"13, is required along the property lines abutting the reside11tiallot and sllall be FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY SITZLARREAL ESTATE DEVELOPMEI~T LLC / SPARROWHAWIC SUB. / (AZMOO-024) Page 15 a conditio!l attaclled to this property il1 the Developlnent Agreelnel1t. 3.4 A lni11illlUlll IO-foot-wide landscape street buffer, platted as a separate COlTIlTIOn lot, shall be required beyolld tile existil1g right-of-way lille alollg the full North Nola Road frolltage. 3.5 A 111i11illlUll1 35-foot-wide landscape street buffer, platted as a separate COlnmOl1 lot, shall be required beyo11d the future rigllt-of~way lille alollg the Etlll Franl<lin Road frolltage. 3.6 A detaclled sidewall< with a Inil1ilnUlTI 5-foot-wide planter strip betweel1 the curb and sidewall( shall be required along the Franldin Road frolltage. 3.7 All irrigatiol1 ditches, laterals or ca11als, exclusive of natural watelWays, intersectillg, crossi11g or lying adjace11t alld C011tiguous to the parcel s11all be tiled per City Ordi11al1ce 12-4-13 and plalls sllall be approved by the appropriate irrigatiorvdraillage district, or lateral users association, with writtel1 confirlnation of said approval sublnitted to tIle Public W orles Departl11ent. 3.8 AllY existillg dOlnestic wells and/or septic systems withill this project will have to be relnoved froIn tlleir dOl11estic service per City Ordinance Sectio11 9-1-4 al1d 9M4-8. Wells Inay be used for llo11-domestic purposes SUCll as lalldscape irrigatioll. 3.9 Two-llulldred~fifty- al1d lOO-watt, l1igll...pressure sodium streetlights will be required at locatio11S desigt1ated by the Public W orl<s Department~ All streetlights shall be il1stalled at subdivider1s expe11se. Typical locations are at street il1tersectio11S a11d/or fire llydrants. 3 ~ 10 Outside lightil1g shall be desigl1ed and placed so as 110t to direct illull1illation 011 allY l1earby residel1tial areas alld il1 accordallce witll City Ordillal1ce Sections IlM13~4.C. alld 12-5-2.M. 3.11 Off street parl<.ing shall be provided i11 accordance with the City of Meridian Ordil1a11ce 11-13 for use of property. 3.12 A drainage plall designed by a State of Ida110 licensed architect or FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY SITZLAR REAL ESTATE DEVELOPMENT LLC / SPARROWHAWI( SUB. / (AZ-OO-024) Page 16 e11gi11eer is reqllired and shall be submitted to the City Ellgineer (Ord. 557, 10-1-91) for all off-street parldng areas in tIle proposed future cOll11nerciallots. All site drainage shall be C011tained al1d disposed of 011- site. 3.13 All signage in the proposed future COlnlnerciallots s11all be ill accorda11ce with the standards set forth ill Sectio11 11-14 (or subsequel1tly adopted ordil1ance) of the City of Meridia11 Z011ing and Developlne11t Ordil1a11ce. No telnporary sigllage, flags1 ballllers or flashi11g signs "viII be perll1itted. 3.14 Provide five-foot-wide sidewallcs i11 accordance with City Ordillal1ce Section 12-5-2~I(. 3.15 All constrllction shall conforln to the requirelne11ts of the Americans witll Disabilities Act. 3.16 The Applicant is aware that strip COlTIlnercial developlnellt is prohibited, alld therefore, Applicant shall be reqllired to illforln prospective buyers of the lots that clustered, off~set setbacl(s and creative design shall be encouraged and developlnent representing any forIn of strip developlnellt is ll0t allowed. Adopt the Recolnlnel1datiollS of the Ada COUllty Higllway District dated February 6, 200 I, and upon the cOlnpletioll of their review adopt allY additiollal ReCOll11uendatiollS i11 ACHD action to follow on or about Febrtlary 28, 200 I. 4. TIle City Attor11ey sllall prepare for consideratiol1 by the City Council tIle appropriate ordinance for tIle allnexation and zoning desigllation of tIle real property whicll is the subject of the application to (C-G) Gelleral Retail and Service COlnlnercial District1 and Meridian City Code 3 11-7-2 1(. 5. Subsequellt to the passage of the Ordi11allce provided for i11 sectioll 4 of this Order the engil1eeri11g staff of the Public Worl(s Departlnent shall prepare the FINDINGS OF FACT AND CONCLUSIONS OF LAW M AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY SrTZLAR REAL ESTATE DEVELOPMENT LLC I SPARROWHAWI( SUB. / (AZ-OO~024) Page I 7 appropriate Inappillg clla11ges of the official boul1daries al1d zOlling Inaps as provided in Meridian City Code 9 II ~21-1 ill accorda11ce with tIle provisiol1S of the anl1exatioll and zonil1g ordinance. NOTICE OF FINAL ACTION Please ta]ce notice that this is a fillal actio11 of the goverlling body of the City of Meridia11. Pllrsual1t to Idaho Code 9 67-6521 an affected persoll is a persoll who has an interest ill real property which l11ay be adversely affected by the issuance or dellial of the a11nexatioll al1d Z011illg alld Wll0 lnay withill t\Vellty~eigllt (28) days after the date of this decision alld order seel( a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 2&>~ day of R- 6~tLtl/v;;- ROLL CALL COUNCILMAN RON ANDERSON VOTED $c<.-- , 2001. COUNCILMAN KEITH BIRD VOTED $t.- COUNCILWOMAN TAMMY deWEERD VOTED~ COUNCILWOMAN CHERIE McCANDLESS VOTED$PL- FINDINGS OF FACT AND CONCLUSIONS OF LAW .. Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY SITZLAR REAL ESTATE DEVELOPMENT LLC / SPARROWHAWIC SUB.! (AZ-OO-024) MAYOR ROBERT D~ CORRIE (TIE BREAI<ER) DATED: 2--2-0-0( ---- VOTED MOTION: W APPROVED: . --a' DfS.APPROVED: Copy served UpOl1 Applical1t, tIle Plal111illg a11d Zoning Departlnel1t, Ptlblic W orlcs Departlnel1t alld tIle City Attor11ey. By:~t~R4~ Sl City Clerk I Dated: :2 -Zt/,-~( msglZ: \ W ork\M\M erid ian \M cridian 15360 M \SpaJTowhu wk\AZFfCIsOrder .doc FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY SITZLAR REAL ESTATE DEVELOPMENT LLC / SPARROWHAWI( SUB. / (AZOMOOw.024) Page 19 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN 02-06-0 I IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR SPARROWHAWI( ) ) ) ) ) ) ) ) Case No. PP-OO-026 BY: HUBBLE ENGINEERING, APPLICANT. FINDINGS OF FACT AND CONCLUSIONS OF LAW ANn ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TIle above e11titled Inatter cOlni11g 011 regularly for public heari11g before tIle City COU11Cil 011 Febrltary 6, 2001, alld S11ari Stiles, Plal111i11g a11d Z011i11g AdlUil1istrator, appeared alld testified, alld appeari11g on be11alf of the Applica11t was ShaWll Niclcel of Hubble E11gi11eeri11g, and no one appeared in opposition, a11d tl1e City COUI1Cil havil1g received a report froIn Bruce Frecldetoll, Engi11eering Tech11ician III, a11d Brad HawlG11s~Clarl(, Plall11er, alld the City COtll1Cil havil1g received as part of tIle record of tllis Inatter the recolnmendatioll to City Council of the Plan11illg and Z011i11g COlTIlnissioll and the applicallt havillg SUbl11itted the uPrelilni11ary Plat, SPARROWHAWI( SUBDIVISION) located in the S 1/2, SW 1/4, Sectio11 8, T. 3N., R. IE, B.M~1 Meridia11, Ada COU11ty, Idal1o, OCTOBER 2000, JOB NO. 00-235~OO, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BY HUBBLE ENGINEERING / SPARROWHAWIC SUBDIVISION I (PP-OOR026) - 1 SHEET NO. I, DRAWN BY: MMM, REVISED 1/10/01, Sitzlar_pre.dwg 1-11-1, by Httbble Engil1eering, I11C., for Sparrowhawl<. Subdivision", sublnitted for prelilnillary plat approval al1d which prelilninal)' plat for approval applicatioll is Ilereil1 received alld adjudged by tIle City COltncil pursual1t to Meridian City Code S 12-3-3. Therefore the City Councillna!ces tIle followi11g fil1di11gS: FINDINGS OF FACT 1. T11at tIle proposed developlnel1t is ill cOl1forlna11ce with the COll1prellel1sive Plan by reaS011 of tIle fact that it lies within the existil1g Urba11 Area as defil1ed in the Meridiall COlnprehellsive Plan Generalized Lal1d Use Map, Infrastructure Planning Analysis COll1prehensive Plall and Map, adopted December 21, 1993, and tIle property is presently zoned Low Density Residel1tial District (R- 4), and requires conl1ection to tIle Municipal Water a11d Sewer System. [Meridian City Code S llw7M2 C.] 2. The prelilnil1ary plat is ill c011forlnallce with tile COlnprehensive PlaIl City of Meridial1 adopted Decell1ber 21, I 993, Ordil1ance No ~ 629. 3. It is deterlni11ed tllat Urball Services can be Inade available to aCCOIUlnodate tile proposed developlnel1t if the plat cOlnplies witll tIle requirelne11ts alld COllditiol1S herei11after set forth as conditiol1S of prelilninal)' plat approval. 4. The proposed developlnent is a COlltinuity of the proposed developlnent FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIO"NAL APPROVAL OF PRELIMINARY PLAT BY HUBBLE ENGINEERING / SPARROWHAWI( SUBDIVISION / (PP..OO-026) - 2 [" within the City's Capital Ilnprovelnel1t ProgralTI and if the COllditio11S which are requested by the Pla11nillg a11d Z011illg Adlni11istrator and the Assistallt City Ellgil1eer and as proposed by tIle developer as stated on the prelilnillary plat there will be public fillallcial capability of supporting services for the proposed developlnel1t. 5. The developll1el1t if built ill accordance with the C011ditions and as proposed, will not create health, safety or ellviro11111e11tal problellls and there have beellll0 specifics of a11Y SUCll COllcer11S brollght to the COUI1Cil's attentio11. 6. It is fOU11d that tIle ReCOlTIlnelldation To City COUI1Cil of the Planllillg alld Zoning COlnll1issioll is reasollable alld appropriate for tile COl1ditions of approval of the preliminary plat as hereillafter set fortll. 7. Tile applicallt has sublnitted for consideration of tllis approval drawi11g of the prelilnillary plat 11erei11 designated as: "Prelill1illary Plat, SP ARROWHA WIC SUBDIVISION, located in the S Y2, SW 1/4, Sectio11 8, T. 3N., R. IE, B.M., Meridial1, Ada COllnty) Idaho, OCTOBER 2000, JOB NO. 00-235-00) SHEET NO. 1, DRAWN BY: MMM, REVISED 1/10/01, Sitzlar_pre.dwg 1--11-1, by Hubble Ellgil1eeril1g, II1C., for Sparrowllawlc Subdivisiol1". DECISION AND ORDER Pursua11t to the City Council's atltllority as provided in Meridia11 City Code S 12-3-5 alld based UpOll the above alld foregoil1g Filldi11gS of Fact Wllich are FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINAR.Y PLAT BY HUBBLE ENGINEERING / SPAR.ROWHAWIC SUBDIVISION / (PP-OO-026) - 3 11erein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Prelimil1ary Plat of tIle applical1t as evidenced by uPrelil11il1ary Plat, SPARROWHAWIC SUBDIVISION, located il1 the S 1/2, SW 1/4, Section 8, T. 3N., R. IE, B.M., Meridiall, Ada County, Idaho, OCTOBER 2000, JOB NO. 00-235-00, SHEET NO.1, DRAWN BY: MMM, REVISED 1/10/01, Sitzlar_pre.dwg 1-11-1, by Hubble Ellgilleerillg, Inc., for Sparrowhawlc Sllbdivision", is l1ereby conditionally approved; alld 2. The COl1ditions of approval are as follows to--wit: Adopt the Pla1111illg a11d Zonillg Adlnil1istrator and Assista11t City Engil1eer Recollllllendatiol1S as follows: 2.1 Sanitary sewer alld water service to this site shall be via extel1siollS froIn existil1g Inail1s illstalled adjacellt to the proposed subdivisioll. Applicant shall be respo11sible to COllstrtlct the sewer alld water Inains to al1d through tllis proposed developlnellt. Subdivisiol1 designer to coordinate 111aill sizil1g al1d routi11g with t11e Public W orIes Departlnent. Sewer lnallholes are to be provided to lceep the se'Vver li1les on tIle south and west sides of tIle cellterline. Water service to this developlnent is contillge11t Up011 positive results froIn a l1ydraulic analysis from our computer Inodel, al1d, if necessary, additiol1allnaillloopi11g Inay be required. 2.2 Ullderground pressurized irrigation l11USt be provided to all landscape areas on site. Dlte to the size of the lalldscaped areas, prilnal)' water supply connection to the City's Inail1s will not be allowed. Applicant sllall be required to utilize allY existing sttrface or well water for the prilnary source. Applicant Inust sublnit a revised plat prior to the City Councilllearing showil1g service locatiol1S alld source for the irrigatio11 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BY HUBBLE ENGINEERING / SPARROWHAWI( SUBDIVISION / (PP-OO..026) - 4 water. The irrigation pUl11p station for the subdivision lTIUst be located on a COlTIlnOn lot, desigllated as StIch 011 the plat. 2.3 Applicant shall clarify in writi11g whether the pressurized irrigatio11 systel11 withill tllis developlnellt is to be owned a11d Inaintained by all associatiol1 or the Nall1pa & Meridia11 Irrigatioll District. If tIle systeln is bei11g proposed as a private systeln, plalls and specifications for tile irrigation systeln shall be reviewed by the Public Worl(s Departlnent as part of the developlllent plan review process, alld a draft copy of the pressurized irrigation systelll 0&lv11na11uallnust be sublnitted prior to plan approval. 2.4 Applicant shall explain ill detail the purpose of the existing ponds and what tIle plans are for their future treatll1e11t al1d/or use. The developer shall seCllre approval froIn the Corps of Engil1eers for any chal1ges to the existillg p011d. 2.5 Applicant shall sublnit a revised plat showillg the correct 48...foot-wide rigllt-of-way dedication 011 Franldil1 Road (versus the 66 feet currelltly ShOWll). 2.6 Applicant shall add a 110te to tile plat tllat a perlna11ent cross access easelnellt betweel1 Lots 1-3, Blocl( 1, is ill effect for this subdivisioll (per ACHD's requirelne11ts). 2.7 There is a sligllt discrepancy betwee11 the Assessor's baselnap alld the lot lines Sh0VV11 for the residel1tial parcel in the NW corner of the plat. The Assessor's data shows the residel1tial parcel's north and south bOUl1daries at an a11g1e in relatiollship to the Locust Grove Industrial Parle's boundary - not a Inatcll1ine, as SllOWl1. Applicallt shalllTIodify the plat to reflect tIle correct lot li11es alld sublnit a revised plat. 2.8 Three (3) copies of a detailed lalldscape plall for the two street buffers and Lot 1, Bloclc I land use buffers, including a detailed fencing plal1, shall be Subll1itted for review al1d approval with subnlittal of the final pla~ applicatioll. The plan lnust include sizes a11d species of trees, sllrubs, berlnillg1swale details, and all proposed grOUlld cover/treatluel1t. A Inix of tree species is required per Ordil1ance 12-13. No fencing will FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BY HUBBLE ENGINEERING / SPARROWHAWI( SUBDIVISION / (PP..OO-026) .. 5 be perlnitted within the required landscape buffers. A letter of credit or cash surety in the anlount of 110% will be required for all fencil1g, landscaping, pressurized irrigatiol1, sallitary sewer, water, etc~, prior to City signature 011 tIle Fi11al Plat. All required landscaping shall be COllstructed prior to issua11ce of certificates of occupancy for future buildings~ All perilneter fencil1g shall be il1stalled prior to applyil1g for btlildi11g perlnits (see C011dition # 1 0 for further fe11cillg requirelnents and details). 2.9 There are several large, existil1g trees 011 site. Per Ordinance 12-13, lnitigation is reqtlired for all existil1g trees four (4) i11Ch caliper or greater that are relnoved from the site with equal replacelnent of tIle total calipers lost on site. As a11 exalnple: two (2) IO-illCh caliper trees relnoved lnay be luitigated with four (4) S-inch caliper trees or five (5) 4-inch caliper trees. Existi11g prohibited trees withil1 the street buffer or parl<.illg lot l1eed not be Initigated for if they are rellloved. Existil1g dead) dyil1g, or hazard trees l1eed 110t be 111itigated for if they are relTIoved. The City of Meridia11 ParIes Departlnel1t arborist shall certify a11Y dead, dyi11g, or hazard trees prior to removal. Trees that are required to be relnoved by another governlnental agellcy having jurisdictioll over the project l1eed not be Initigated for. 2.10 The Fra111din Road lal1dscape buffer shall be a IninilllUlTI of 35 feet in width beyolld tl1e required ACHD right-of-way and constructed by the developer as a COl1ditiol1 of the plat. The Nola Road landscape buffer shall be a luil1illlUln of 10 feet ill width~ TIle landscape buffers shall be placed in COlTIlTI011 separate lots. Fellcing is not to encroach UpOl1 these buffers. Applical1t lTIUst sublnit a revised plat showing the landscape lots as:'separate COllll11011 lots, with a plat llote that they will be maintail1ed by a busil1ess-owner's associatiol1 alld!or the developer. 2.11 The plat calls out an existillg fel1ce around the perilneter of tile property. The Applicant should clarify his il1tentions witll regard to fencil1g of tIle subdivision. TIle existing fence is a combinatiol1 of barbed wire alld chain lilll(. Ordina11ce 12R04..10 allows barbed wire fences in cOlnlnercial districts only when tlsed as the top section of security fences. If the barbed wire fences are within t11e boundaries of subject plat, they l11USt be rellloved at the tilne of lot developlnent. If the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BY HUBBLE ENGINEERING / SPARROWHAWI( SUBDIVISION / (PP-OO-026) - 6 / j Applicallt's inte11t is to provide C011sistent perilneter fencing, details of locatiol1 and COllstructio11 lnaterials lnust be sublnitted with tIle final plat application (as 110ted ill C011dition #7). If perrnanent perilneter fellcillg is not pla1111ed by the Applica11t, fencing details Inay be handled under the CUP applications for each lot. 2.12 Sublnit groul1dwater luonitoring data sillce the date of the original test hole/perforated pipe installation. 2.13 Sublnit letter froIn the Ada COUllty Street N alne Comlnittee, approvi11g the subdivision and street 11alnes with the fil1al plat applicatiol1. 2.14 Coordil1ate fire hydra11t placelnent with the City of Meridian Public W orl(s Departlnel1t. 2.15 Provide five-foot-wide sidewall<.s ill accordal1ce with City Ordinance 12-5-2.1(. 2.16 All COllstructioll shall cOllforlTI to the requirel11ents of the .A1nericans with Disabilities Act. 2.17 A11Y existillg irrigatiorvdrail1age ditches crossing the property to be il1cluded in this project sllall be tiled per City Ordillallce No. 12-4-13) except as provided for under site specific requirelne11ts~ The ditches to be piped should be shown on the site plans. Plans shall be approved by the appropriate irrigatiorvdrainage district, with writtel1 cOl1firlnatiol1 of said approval sublnitted to tile Public W orl<B Departmellt. 2~ 18 Any existing donlestic wells and/or septic systell1S withil1 this project shall have to be removed froIn tlleir dOlnestic service per City Ordina11ce. Wells Inay be used for 11011..dolnestic purposes such as landscape irrigatioll. 2~ 19 Undergroul1d year-rou11d pressurized irrigation 111USt be provided to all COlUll1on landscape areas on the site. 2.20 Two-hundred-fifty watt, high-pressure sodiuln streetlights shall be required at locatiollS desigllated by the Public W orIes Departlnent. All FINDINGS OF FACT .AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BY HUBBLE ENGINEERING I SPARROWHAWIC SUBDIVISION / (PP-OO-026) - 7 streetlights sllall be installed at subdivider's expe11se. Typical locations are at street intersections al1d!or fire hydrants~ 2.21 Indicate on tIle fillal plat 111ap allY FEMA Flood Plains affectillg the area being platted, and detail plans for reducing or eliluinatil1g the boundary. Adopt the Recommelldatiolls of tIle Nalupa alld Meridial1 Irrigatio11 District as follows: 2.22 The ditcll Sh0W11 on tIle plat at Franldi11 Road is not a District facility but accollllllodates tIle District's Barl(er Lateral and lTIUst remain intact. No worl, call be dOl1e on the ditch between March 15 a11d October 15 and must remain open at all tilnes to accolnlllodate the flow of 250 lniner inches at a IninilTIUln. Adopt the ReCOlTIlnendatiol1S of the Meridial1 Fire Departlnent as follows: 2.23 All roads will be i11stalled before building is started with appropriate street name Sigl1S. 2.24 Applical1ts shall satisfy all fire code requirelnents pertaining to water supply, fire sprinlde systell1 a11d 11ydrants. Adopt the Recol1l1uendations of the Central District Health Departl11ellt as follows: 2.25 The Applicant's cel1tral sewage alld cel1tral water pla11s Inust be sublnitted to alld approved by the Idaho Departlnent of Health & Welfare, Division of E11viro111nelltal Quality. 2.26 Run~off is 110t to create a lnosquito breeding probleln. 2.27 Storlllwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevel1t ilnpact to groulldwater alld surface water quality. 2.28 The Engineers al1d architects illvolved with the design of the subject project sllall obtain current best l11anagelnel1t practices for stormwater disposal al1d desig11 a storlnwater Inanagement systeln that prevents FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BY HUBBLE ENGINEERING / SPARROWHAWI( SUBDIVISION / (PP-OO-026) - 8 grollndwater and surface water degradatio11. Additiollally, adopt the actioll of tile City COtlllCil froIn their February 6, 2001, lueeti11g in that, the applicant shall place the ditch tile outside the landscape setbacl(. 20#, By actioll of the City Council at its regular lneeting lleld 011 the --day of r:e6ru~t- ,2001. Copy served upon Applicant, the Planl1il1g alld Zoning Departlnel1t, Public W orl(s Departlnel1t alld City Attorl1ey. By:At~~ 6e~ 9- City ClerIc Dated: 2- - 2?J-o I InsgJZ:\ W ork\M\Meridi an \Meri dian I 5360 M\S parro\vha\vk\FfClsO rd PP. doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BY HUBBLE ENGINEERING / SPARROWHAW!( SUBDIVISION / (PP-OO-026) - 9 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR REZONE OF APPROXIMATELY .25 ACRES FOR PROPOSED TRANQUILITY PONDS LOCATED ON THE SOUTH SIDE OF FAIRVIEW AVENUE, AT THE INTERSECTION OF FAIRVIEW AND E. 3RD STREET, MERIDIAN, IDAHO JEFF AND HOLLY REID / POTTER LAND SURVEYING, Applicant. 02-06-01 Case No: RZ-00-009 FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER GRANTING APPLICATION FOR REZONE The above entitled matter on the rezoning application of .25 acres having come on for public hearing on February 6, 2001, at the hour of 6:30 o'clock p.m., and Council having received the report of Shari Stiles, Planning and Zoning Administrator, and she appeared and testified, and no one appeared in opposition, and the Council having received the record of this matter made before the Planning and Zoning Commission, and having received their Recommendation to the City Council, and the City Council having duly considered the Conclusions of Law, Decision and Order: evidence and the record in this matter therefore makes the following Findings of Fact and FINDINGS OF FACT 1. The notice of public hearing on the application for rezoning was published for two (2) consecutive weeks prior to said public hearing scheduled for February 6, 2001, before the City Council, the first publication appearing and written notice having been FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .25 ACRES FROM R-8 TO CG BY: JEFF AND HOLLY REID / POTIER LAND SURVEYING / (RZOO-O09) - 1 mailed to property owners or purchasers ofrecord within three hundred feet (SOOI) of the external boundaries of the property under consideration more than fifteen (IS) days prior to said hearing and with the notice of public hearing 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 at the February 6, 2001, public hearing; and the applicant, affected property owners, and government subdivisions providing 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 67-65 II, and Meridian City Code ~~ ll-I5-5 and II-I6-1. S. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Meridian City Code Title 11 and Title 12, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629 - January 4" 1994, and maps and the ordinance Establishing the Impact Area Boundary. 4,. The property is approximately .25 acres in size. The property is generally located on the south side of Fairview Avenue, at the intersection ofFairview and E. srd Street, Meridian, Idaho and is described as follows: A parcel ofland being all of Lot 1, excluding a portion deeded to the State of Idaho for highway purposes, of Chapin Subdivision No.2, located in the Northeast 1/4 of the Northwest 1/4 of Section 7, Township S North, Range I East, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: BEGINNING at the southwest corner of Lot I, said point being common to Lots 1 and 2; thence along the common line on Lots 1 and 2, North 00007100" FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .25 ACRES FROM &8 TO CO BY: JEFF AND HOLLY REID / POTfER LAND SURVEYING / (RZOO-O09) - 2 East a distance of 139.73 feet to a point on the southerly right-of-way line of Fairview Avenue; thence along said southerly right-of-way line, North 88050'3511 East a distance of 64.02 feet to a point on the westerly right-of-way line of East 3rd Street; thence leaving the southerly right-of-way line ofFairview Avenue and along the westerly right-of-way line of East 3rd Street, South 00007'0011 West a distance of 141.21 feet; thence leaving the westerly right-of- way line of East 3rd Street and along the south boundary line of said Lot 1, North 89050100" West a distance of 61<.00 feet to THE POINT OF BEGINNING. Said parcel contains 8.990 square feet or 0.21 acres, more or less. 5. The owner of record ofthe subject property is Jeff and Holly Reid, of Camas, Washington. 6. The Applicant is Jeff and Holly Reid, Camas, Washington. 7. The property is presently zoned as R-8, and is vacant. 8. The Applicant requests the property be rezoned to C-G. 9. The proposed site is surrounded by commercial uses and an apartment complex zoned R-40. 10. The subject property is within city limits of the City of Meridian. II. The entire parcel of the property is included within the Meridian Urban Service Planning Area. 12. The Applicant proposes to develop the subject property in the following manner: a retail home and garden development. 13. The Applicant's requested rezoning of the subject real property as C-O is consistent with the commercial designation on the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Existing Urban. 11,. There are no significant or scenic features of major importance that affect the consideration of this application. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .25 ACRES FROM &8 TO CG BY; JEFF AND HOLLY REID / POTIER lAND SURVEYING I (Rz.OO.o09) .3 15. In review of the application for rezone it is provided at Meridian City Code ~ 11-15-11for the General Standards that the Commission and Council review this proposed zoning amendment and pursuant to the criteria of said section finds that: 15.1 The new zoning will be harmonious with and in accordance with the Comprehensive Plan; 15.2 The area included in the zoning amendment is not intended to be rezoned in the future; 15..'3 The proposed use will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area, subject to the conditions of the conditional use process; 15.4 The proposed use will not be hazardous or disturbing to existing or future neighboring uses, subject to the conditions of the conditional use process; 15.5 The area will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; 15.6 The use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; 15.7 The use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; 15.8 The area will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; 15.9 The use will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .25 ACRES FROM R-S TO CG BY: JEFF AND HOLLY REID / POTIER LAND SURVEYING / (RZOO-o09) - 4 15.10 The proposed zoning will be in the best interest of the City of Meridian. 15.2 Staff conditions provide as follows: Adopt the Recommendation of Planning and Zoning and Engineering staff as follows: 15.2.1 Applicant shall be responsible for the extension of sewer and water service lines in the site from the existing mains. 15.2.2 Ifrezoned to C-G, the subject lot would conform to minimum lot size and frontage standards. 15.2..'3 The Applicant shall submit a revised Concept Plan to meet ordinance req uiremen ts. 15.2.4 Staff recommends that a Development Agreement not be required for this application. 15.2.5 Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance. The ditches to be piped should be shown on the site plans with written confirmation of said approval of irrigation district submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 15.2.6 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 15.2.7 Provide five-foot-wide sidewalks in accordance with City Ordinance (Ord. 12-5-2.K). 15.2.8 All construction shall conform to the requirements of the Americans with Disabilities Act. 15.2.9 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into a Re-Assessment Agreement with the City of Meridian for all commercial uses. Adopt the Recommendations of the Ada County Highway District as follows: 15.2.lODedicate 54-feet of right-of-way (approximately "I.-feet additional) from FINDINGS OF FACT AND CONCLUSIONS OF lAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .25 ACRES FROM &-8 TO GO BY: JEFF AND HOLLY REID / POTfER LAND SURVEYING / (RZOO.OQ9) - 5 the centerline ofFairview Avenue abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance ofa building permit (or other required permits), whichever occurs first. 15.2.11Applicant shall construct a five-foot wide concrete sidewalk on Fairview Avenue abutting the parcel. Coordinate the location and elevation with District staff. 15.2. 12Direct access to Fairview Avenue shall be prohibited, as the applicant has ample frontage on Third Street for a reasonable access. 15.2. 13Applicant shall locate any driveways on Third Street a minimum of 50- feet south of Fairview Avenue. The driveways shall be paved to their full-required width to a point SO-feet beyond the edge of pavement. 15.2. 14Any existing driveways on Fairview Avenue shall be closed. 15.2.15Applicant shall construct curb, gutter, and five-foot wide concrete sidewalk on East Third Street to match the existing improvements to the south. 15.2.16As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. CONCLUSIONS OF LAW 1. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 2. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. s. The requested zoning of General Retail and Service Commercial District, (C-G) is defined in the Zoning Ordinance at 11-7-2 K as follows: (C-GJ General Retail and Service Commercial District: The purpose of the C-G District is to provide for commercial uses which are customarily operated FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .25 ACRES FROM &8 TO CO BY: JEFF AND HOLLY REID I POTIER LAND SURVEYING I (RZOO-O09) .6 entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal water and sewer systems of the City, and shall not constitute strip commercial development and encourage clustering of commercial development. 4. Idaho Code ~ 67-6511 provides and requires that the City shall establish by ordinance one or more zones or zoning districts in accordance with the adopted Comprehensive Plan and the ordinance establishing zoning districts can be amended with particular consideration given to the effects of any proposed zone change upon the delivery of services by any political subdivision providing public services, including school districts, within the City's planningjurisdiction and that it is in conformance with the Comprehensive Plan. 5. Idaho Code ~ 67-6511A provides: Each governing board may, by ordinance adopted or amended in accordance with the notice and hearing provisions provided under section 67-6509, Idaho Code, require or permit as a condition ohezoning that an owner or developer make a written commitment concerning the use or development of the subject parcel. The governing board shall adopt ordinance provisions governing the creation, form, recording, modification, enforcement and termination of conditional commitments. 6. The City of Meridian by the adoption of Meridian City Code ~ 11-15-12 has exercised its authority to require or permit as a condition of rezoning that an owner or developer make a written commitment concerning the use or development of the subject property. 7. ~ 11-6-1 ZONING DISTRICT MAP provides in part as follows: The districts established in this Ordinance as shown on the Official Zoning Map, together with all explanatory matter thereon, are hereby FINDINGS OF FACT AND CONCLUSIONS OF JAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .25 ACRES FROM R-8 TO CO BY: JEFF AND HOLLY REID / POTIER LAND SURVEYING / (RZ..OO-O09) .7 adopted as part of this Ordinance. Where uncertainty exists with respect to the boundaries of any ofthe zoning districts as shown on the Official Zoning Map, the following shall apply: 7.1 Where district boundaries are indicated as approximately following the centerline of street lines, highway right-of-way lines, streams, lakes or other bodies of water, the centerline shall be construed to be such boundary; 7.2 Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries; 7.3 Where district boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets, or the centerlines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Official Zoning Map. lfno distance is given, such dimensions shall be determined by the use of the scale shown on the Official Zoning Map; and 7 A. Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located in the middle of the main tracks of said railroad line. 8. ~ 11-15-11ofthe Meridian City Code GENERAL STANDARDS APPLICABLE TO ZONING AMENDMENTS provides in part as follows: The Commission and Council shall review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment: 8.1 The new zoning will be harmonious with and in accordance with the Comprehensive Plan. 8.2 The area is not intended to be rezoned in the future. 8.3 The area is intended to be developed in the fashion that is allowed under the new zoning. 8.4 There has been no change in the area or adjacent areas which would dictate the area should be rezoned. 8.5 The proposed uses will be designed, constructed, operated and FINDINGS OF FACT AND CONCLUSIONS OF lAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .25 ACRES FROM R-8 TO CO BY: JEFF AND HOLLY REID I POTTER LAND SURVEYING I (R.z.OO..o09) .8 maintained to be harmonious and appropriate in appearance with the existing or intended character ofthe general vicinity and that such use will not change the essential character of the same area; 8.6 The proposed uses will not be hazardous or disturbing to existing or future neighboring uses; 8.7 The area will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; 8.8 The use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; 8.9 The proposed uses will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; 8.10 The area will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; 8.11 The use will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 8.12 The proposed zoning amendment is in the best interest of the City of Meridian. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN ADOPTED, the City Council does hereby Order and this does Order: 1. The Applicant's request for rezone of approximately .25 acres for construction and development of a retail home and garden development is granted, subject to the terms and conditions of this Order hereinafter stated; and FINDINGS OF FACT AND CONCLUSIONS OF lAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .25 ACRES FROM &8 TO CG BY: JEFF AND HOLLY REID / POTIER LAND SURVEYING / (RZ.OO-O09) .9 2. The following special terms and conditions of use and development relate to this application to-wit: Adopt the Recommendation of Planning and Zoning and Engineering staff as follows: 2.1 Applicant shall be responsible for the extension of sewer and water service lines in the site from the existing mains. 2.2 If rezoned to C-G, the subject lot would conform to minimum lot size and frontage standards. 2.3 The Applicant shall submit a revised Concept Plan to meet ordinance req uiremen ts. 2.4 Staff recommends that a Development Agreement not be required for this application. 2.5 Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance. The ditches to be piped should be shown on the site plans with written confirmation of said approval of irrigation district submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2.6 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 2.7 Provide five-foot-wide sidewalks in accordance with City Ordinance (Ord. 12-5-2.K). 2.8 All construction shall conform to the requirements of the Americans with Disabilities Act. 2.9 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into a Re-Assessment Agreement with the City of Meridian for all commercial uses. Adopt the Recommendations of the Ada County Highway District as follows: 2.10 Dedicate 54-feet ofright-of-way (approximately 4-feet additional) from the centerline ofFairview Avenue abutting the parcel by means of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .25 ACRES FROM R-8 TO CO BY; JEFF AND HOLLY REID / POTIER LAND SURVEYING / (RZ.OO-O09) -10 recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permi t (or other required permits), whichever occurs first. 2.11 Applicant shall construct a five-foot wide concrete sidewalk on Fairview Avenue abutting the parcel. Coordinate the location and elevation with District staff 2.12 Direct access to Fairview Avenue shall be prohibited, as the applicant has ample frontage on Third Street for a reasonable access. 2.13 Applicant shall locate any driveways on Third Street a minimum of 50- feet south of Fairview Avenue. The driveways shall be paved to their full-required width to a point SO-feet beyond the edge of pavement. 2.14 Any existing driveways on Fairview Avenue shall be closed. 2.15 Applicant shall construct curb, gutter, and five-foot wide concrete sidewalk on East Third Street to match the existing improvements to the south. 2.16 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 3. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the re-designation of the zoning for the real property which is the subject of the application to (C-G) General Retail and Service Commercial District (Meridian City Code ~ 11-7-2 K) which ordinance shall be considered for passage. 4. Subsequent to the passage of the Ordinance, provided for in Section 2 of this Order, the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official Zoning Maps as provided in Meridian City Code ~ 11-21-1 in accordance with the provisions of the rezoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .25 ACRES FROM R-8 TO CG BY: JEFF AND HOLLY REID / POTIER LAND SURVEYING / (RZ-OO-O09) .11 Meridian, pursuant to Idaho Code ~ 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the rezoning may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on /i?fJfz<<vvf!j to ~ V ~..2ool. ROLL CALL COUNULMANKEITHBrnD VOTED* VOTED$ COUNCILMAN RON ANDERSON COUNCILWOMAN CHERIE McCANDLESS VOTED-F-L-- VOTED-#-tL COUNCILWOMAN TAMMY deWEERD MAYOR ROBERT CORRIE (TIE BREAKER) DATED: 2-2-0-01 VOTED_ MOTION: APPROVEn:~..=::::==---nISAPPROVED'_ Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. B~-4;Je'f!1 9- rY Dated: 7-2o-0( FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .25 ACRES FROM R-8 TO CG BY: JEFF AND HOLLY REID I POTTER lAND SURVEYING / (RZ.OO..o09) City Clerk msg/Z:\ Work\M\Meridian \Meridian lS360M\ Tranquility Pond RZ009\FfsCIsOrderREZ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .25 ACRES FROM &8 TO CG BY: JEFF AND HOLLY REID / POTIER lAND SURVEYING I (RZOO.(09) -13 RESOLUTION NO. tJ /- J 6"1 BY: tbU/}'"lCitJn41r- lh'rdJ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN DECLARING THE NEED TO CONSTRUCT LAW ENFORCEMENT FACILITIES; APPROVING THE PROJECT AND AUTHORIZING THE CONSTRUCTION AND ACQUISITION OF SAID FACILITIES; PRESCRIBING A LEASE AND TRUST AGREEMENT AND RELATED DOCUMENTS AS THE MOST SUITABLE MANNER FOR SECURING CONSTRUCTION AND FINANCING OF SAID IMPROVEMENTS; AUTHORIZING THE FILING OF JUDICIAL CONFIRMATION PROCEEDINGS; DIRECTING CITY OFFICIALS TO PROCEED WITH SAID FACILITIES AND FINANCING THEREOF AND WITH THE FILING OF JUDICIAL CONFIRMATION PROCEEDINGS; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, officials of the City of Meridian (the "City") have determined that it is necessary to replace the City's law enforcement facilities in order to provide law enforcement facilities meeting current health, safety and occupancy requirements; and WHEREAS, City officials have recommended that certain law enforcement facilities for the City (collectively, the "Project") be constructed to meet the above needs and requirements, said Project; and WHEREAS, City officials have recommended that the financing, acquisition and construction of said Project be accomplished by a lease and trust agreement and certain supplements thereto in an aggregate principal amount of up to THREE MILLION FIVE HUNDRED THOUSAND DOLLARS and NO/IOO [$3,500,000.00J (the "Agreement") with certificates of participation, and related documents, and that prior to entering into the Agreement and the other documents, the City should obtain judicial confirmation of its power and authority to enter into said Agreement under Title 7, Chapter 13, Idaho Code; and WHEREAS, the City on January 30,2001, held a hearing concerning the Project and the City's consideration of filing a petition for judicial confirmation as required by Section 7-1304, Idaho Code, as amended, after fifteen (15) days notice thereof published in The Idaho Statesman and notice to any individuals requesting it pursuant to Sections 7-1304 and 7-1306, Idaho Code, as amended, and at hearing no opposing testimony was received and at least fourteen (14) days has passed since the date of said hearing. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, as follows: 1. That construction, acquisition and financing of the Project is necessary in order to meet the public safety and law enforcement needs and requirements at the City. 2. That construction, acquisition and financing of the Project in order to meet said requirements is hereby directed and authorized subject to any applicable requirements for competitive bidding. 3. That the Agreement and related documents are hereby approved and authorized, as the manner and method to finance the construction of the Project in the amount stated above, subject to the judicial confirmation of the City's authority to enter into said Agreement, and the filing of such proceedings under Title 7, Chapter 13, Idaho Code, is hereby authorized. 4. That the City officials and counsel are hereby directed to proceed with he construction of the Project as provided herein and to proceed with the filing of the judicial confirmation proceedings authorized herein. 5. That this Resolution shall be in full force and effect from and after its passage, approval. PASSED BY THE CITY CQUNCIL OF THE CITY OF MERIDIAN, IDAHO, this /31:& day of ;:e6~if, 2001. .J APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this I~ day of n 6 r--vLCl//.-&j , 2001. V