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HomeMy WebLinkAbout1999 11-16 .- . MERIDIAN CITY COUNCIL AGENDA TUESDAY, NOVEMBER 16, 1999 - 7:30 P.M. CITY COUNCIL CHAMBERS ROLL CALL: X RON ANDERSON X CHARLIE ROUNTREE _X- GLENN BENTLEY _X- KEITH BIRD X MAYOR ROBERT CORRIE CONSENT AGENDA A. B. C. ITEM 1. ITEM 2. ITEM 3. ITEM 4. ITEM 5. APPROVE MINUTES FROM NOVEMBER 3, 1999: APPROVE APPROVE MINUTES FROM NOVEMBER 10,1999: APPROVE GREASE TRAP INSTALLATION AGREEMENT: APPROVE RESOLUTION #262 AGENDA FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING (R-T TO R-4) BY CHARLES CRANE - LOCATED AT 3610 W. USTICK ROAD: APPROVE FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR RECONSIDERATION OF PRELIMINARY PLAT FOR TARAWOOD SUBDIVISION BY MICHAELANGELO INVESTMENTS, LLC - SOUTH OF LOS ALAMITOS PARK AND NORTH OF SHERBROOKE HOLLOWS: APPROVE FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR VARIANCE TO ALLOW BUILDING HEIGHT OF 43 FEET IN AN I-L ZONE BY FOOD SERVICES OF AMERICA: APPROVE FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR VARIANCE OF THE EAST SIDE YARD SETBACK (REDUCTION FROM 10 FEET TO 7 FEET) BY PIPCO, LLC: APPROVE FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT TO CHANGE LAND USE FROM SINGLE-FAMILY RESIDENTIAL TO MIXED/PLANNED USE BY J-U-B ENGINEERS, INC. - WEST OF EAGLE ROAD BETWEEN FAIRVIEW & USTICK: RESOLUTION #263 APPROVE -.J ITEM 6. ITEM 7. ITEM 8. ITEM 9. ITEM 10. ITEM 11. . . FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT TO CHANGE LAND USE OF 12.3 ACRES FROM SINGLE-FAMILY RESIDENTIAL TO COMMERCIAL BY DEVELOPERS DIVERSIFIED REALTY CORPORATION/DAKOTA COMPANY - SOUTH OF FAIRVIEW AND EAST OF RECORDS: RESOLUTION #264 APPROVE FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING TO C-C OF 13.09 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORPORATION - 4000 E. FAIRVIEW, % MILE EAST OF EAGLE ROAD: APPROVE FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR REZONE OF 11.4 ACRES FROM I-L TO C-C BY DEVELOPERS DIVERSIFIED REALTY CORPORATION /DAKOTA COMPANY - SOUTH OF FAIRVIEW AND EAST OF RECORDS: APPROVE FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT FROM SINGLE- FAMILY RESIDENTIAL TO MIXED RESIDENTIAL FOR TERRACE LAWN MEMORIAL GARDENS, INC. BY CLARK DEVELOPMENT /BILL CLARK - SOUTH OF FAIRVIEW AVENUE BETWEEN EAGLE ROAD AND CLOVERDALE: RESOLUTION #265 APPROVE FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT FROM SINGLE- FAMILY RESIDENTIAL TO MIXED/PLANNED USE (MILLENNIUM BUSINESS PARK) BY G.L VOIGT DEVELOPMENT AND OVERLAND 16 LLC - WEST OF EAGLE ROAD AND SOUTH OF OVERLAND: RESOLUTION #266 APPROVE FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT FROM SINGLE- FAMILY RESIDENTIAL TO COMMERCIAL BY QUEENLAND ACRES, INC. - SOUTH SIDE OF OVERLAND ROAD ACROSS FROM INTERSTATE CENTER SUBDIVISION AND ROARING SPRINGS WATER PARK: RESOLUTION #267 APPROVE ITEM 12. ITEM 13. ITEM 14. ITEM 15. ITEM 16. ITEM 17. e- e- FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT FROM SINGLE- FAMILY RESIDENTIAL TO MIXED/PLANNED USE BY IDAHO BASEBALL ACADEMY - NORTHWEST CORNER OF AMITY AND MERIDIAN ROAD: TABLE UNTIL DECEMBER 7, 1999 MEETING TABLED 11/03/99: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR REZONE OF 7.265 ACRES FOR CREEKSIDE ARBOUR PHASE II FROM R-8 TO R-15 BY WILLIAM & LUCILE LEAVELL- END OF 5TH, NORTH OF CREEKSIDE ARBOUR PHASE AND SOUTH OF FAIRVIEW: TABLE UNTIL JANUARY 4, 2000 MEETING TABLED 11/03/99: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT TO CONSTRUCT 16 FOUR-PLEXES WITH POOL AND CLUBHOUSE FOR USE BY PHASE I & II (PROPOSED CREEKSIDE ARBOUR PHASE II) BY WILLIAM & LUCILE LEAVELL: TABLE UNTIL JANUARY 4, 2000 MEETING TABLED 10/5/99: ANNEXATION AND ZONING OF 6.15 ACRES (FOR R-40 ZONING) FOR PROPOSED COBBLESTONE VILLAGE BY IONIC ENTERPRISES, INC., - SOUTHWEST CORNER OF LOCUST GROVE & FRANKLIN: APPROVE DEVELOPMENT AGREEMENT, APPROVE ORDINANCE #848 CONTINUE PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR 96-UNIT APARTMENT COMPLEX (PROPOSED COBBLESTONE VILLAGE) BY STAMAS CORPORATION/IONIC ENTERPRISES, INC. - SOUTHWEST CORNER OF LOCUST GROVE & FRANKLIN: ATTORNEY TO PREPARE FF/CL CONTINUEPUBLICHEA~NG: REOUESTFOR COMPREHENSIVE PLAN AMENDMENT FROM SINGLE-FAMILY RESIDENTIAL TO MIXED/PLANNED USE DEVELOPMENT (TOUCHMARK LIVING CENTERS, INC.) BY JOSEPH A. BILLlGIWA TERFORD DEVELOPMENT AND CONSTRUCTION COMPANY - EAST OF ST. LUKE'S BETWEEN 1-84 AND FRANKLIN ROAD: APPROVE FF/CL RESOLUTION_#269 ITEM 18. ITEM 19. ITEM 20. ITEM 21. ITEM 22. ITEM 23. ITEM 24. . 8- PUBLIC HEARING: REQUEST FOR VACATION OF PUBLIC UTILITIES AND DRAINAGE EASEMENTS ON LOTS 5,6,12,13 BLOCK 7, WHITESTONE ESTATES NO.3 SUBDIVISION BY WHITESTONE DEVELOPMENTS, LLC - NORTH OF W. FRANKLIN ROAD AND WEST OF S. LINDER ROAD: ATTORNEY TO PREPARE FF/CL PUBLIC HEARING: REQUEST FOR VACATION OF TWO 10- FOOT WIDE PUBLIC UTILITY EASEMENTS BY W.H. MOORE COMPANY LOTS 5 AND 6 OF BLOCK 1, MERIDIAN BUSINESS PARK: ATTORNEY TO PREPARE FF/CL PUBLIC HEARING: REQUEST FOR ANENXA TION AND ZONING FOR OVERLAND MINI-STORAGE OF 7.25 ACRES FROM SINGLE-FAMILY RESIDENTIAL WITH ACREAGE TO COMMERCIAL LOTS AND MINI-STORAGE FACILITY BY OVERLAND MINI-STORAGE, LLC -1230 OVERLAND ROAD: ATTORNEY TO PREPARE FF/CL PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR OVERLAND MINI-STORAGE SUBDIVISION BY OVERLAND MINI-STORAGE, LLC - 1230 E. OVERLAND ROAD: ATTORNEY TO PREPARE FFICL PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT COMMERCIAL SUBDIVISION MINI-STORAGE ON LOT 2 OF PROPOSED OVERLAND MINI-STORAGE SUBDIVISION BY OVERLAND MINI-STORAGE, LLC - 1230 OVERLAND ROAD: ATTORNEY TO PREPARE FF/CL PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF PARCCEL "N.' FROM RT TO SINGLE-FAMILY RESIDENTIAL AND PARCLE "B" FROM SINGLE-FAMILY RESIDENTIAL TO LIMITED OFFICE BY WOODBRIDGE COMMUNITY, LLC - SOUTH OF EAST FRANKLIN ROAD AND EAST OF SOUTH LOCUST GROVE ROAD: ATTORNEY TO PREPARE FF/CL PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 150.79 ACRES OF LAND FOR R-4Z0NING BY BEAR CREEK, LLC - EAST OF STODDARD ROAD & SOUTH OF OVERLAND: CONTINUE TO DECEMBER 7, 1999 MEETING ITEM 25. ITEM 26. ITEM 27. ITEM 28. ITEM 29. ITEM 30. ITEM 31. ITEM 32. ITEM 33. e- 8" -= PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR PROPOSED BEAR CREEK SUBDIVISION OF 326 SINGLE- FAMILY DWELLING LOTS BY BEAR CREEK, LLC - EAST OF STODDARD ROAD & SOUTH OF OVERLAND: CONTINUE TO DECEMBER 7,1999 MEETING PUBLIC HEARING: FOR THE PURPOSE OF REVIEWING AND CONSIDERING THE PLANNING AND ZONING COMMISSION'S CONSIDERATION OF VARIOUS TECHNICAL AND CLERICAL TEXTUAL CHANGES TO THE ZONING AND SUBDIVISION ORDINANCES AND WHICH WILL PROVIDE FOR THE ESTABLISHMENT OF A NEW FEE FOR COPIES OF THE ZONING AND DEVELOPMENT ORDINANCE IN THE AMOUNT OF $25.00 AND RECODIFICATION OF NEW CODE BOOK FOR THE CITY OF MERIDIAN: CONTINUE TO DECEMBER 7, 1999 MEETING ORDINANCE NO. REVISING, CODIFYING AND COMPILING THE GENERAL ORDINANCES OF THE CITY OF MERIDIAN: CONTINUE TO DECEMBER 7, 1999 MEETING CONSIDERATION TO SET PUBLIC HEARING FOR PERMIT FEES: CONTINUE TO DECEMBER 7,1999 MEETING ORDINANCE NO. ADDITIONS FOR APPOINTMENT OF PLANNING AND ZONING ADMINISTRATOR: CONTINUE TO DECEMBER 7,1999 MEETING ORDINANCE NO. SANITARY SERVICE SYSTEM: CONTINUE TO DECEMBER 7,1999 MEETING ORDINANCE NO. TO PROVIDE FOR THE EXTENSION AND CONNECTION OF SEWER SERVICE OUTSIDE THE CITY LIMITS: CONTINUE TO DECEMBER 7, 1999 MEETING APPEAL OF FENCE VARIANCE COMMITTEE DECISION BY CHARLOTTE NOLAN AND ROBERT SMITH: ATTORNEY TO PREPARE OlD FOR DENIAL REQUEST FOR: CONDITIONAL USE PERMIT FOR RETAIL FIBER ARTS SUPPLY STORE BY JENNIFER OAK - 55 E- STATE AVENUE, OLD TOWN: APPROVE FF/CL & OlD ITEM 34. ITEM 35. ITEM 36. ITEM 37. ITEM 38. . . REQUEST FOR: CONDITIONAL USE PERMIET FOR A 3- BUILDING RETAIL COMPLEX OF APPROX 50,000 SF ON VACANT 5.5 ACRE SITE IN A C-G ZONE BY NORCO - NORTH OF FAIRVIEW BElWEEN EAGLE ROAD AND LOCUST GROVE ROAD: ATTORNEY TO PREPARE FF/CL & 010 REQUEST FOR FINAL PLAT OF PACKARD ACRES SUBDIVISION #1 BY PACKARD ESTATES DEVELOPMENT, LLC - % MILE WEST AND % MILE NORTH OF FAIRVIEW AND EAGLE ROADS: APPROVE WITH CONDITIONS REQUEST FOR FINAL PLAT OF PACKARD SUBDIVISION #3 BY WIRT EDMONDS & CRAIG GROVES - WEST AND NORTH OF FAIRIVEW AND EAGLE ROADS: APPROVE WITH CONDITIONS REQUEST FOR BEER AND WINE UCCENSE BY EAGLE PARTNERS, LLC FOR EAGLE CHEVRON: APPROVE DEPARTMENT REPORTS: A. JANICE SMITH: 1. TREASURER'S REPORT: NONE B. GARY SMITH: 1. PHASE I - WATERLINE IMPROVEMENT PROJECT: APPROVE RESOLUTION #270 2. REIMBURSEMENT AGREEMENT - G.L. VOIGT SEWER AND WATER LINE EXTENSION AGREEMENT: APPROVE RESOLUTION #271 3. TULLY WATER PARK IRRIGATION PUMP STATION APPROVE RESOLUTION #272 . C. BILL GIGRA Y: 1. PROPOSAL FOR RECONSIDERATION OF COUNCIL ACTION PROCEDURE: EXPLAINED -,..- -. ...- MERIDIAN CITY COUNCIL MEETING NOVEMBER 16. 1999 The regular meeting of the Meridian City Council was called to order at 7:37 p.m. on Tuesday, November 16, 1999, by Mayor Robert Corrie. MEMBERS PRESENT: BOB CORRIE, RON ANDERSON, KEITH BIRD, CHARLIE ROUNTREE, GLENN BENTLEY OTHERS PRESENT: SHARI STILES, BILL GIGRAY, BILL GORDON, KENNY BOWERS, WILL BERG, TOM KUNTZ, GARY SMITH CONSENT AGENDA A. B. C. APPROVE MINUTES FROM NOVEMBER 3, 1999: . APPROVE MINUTES FROM NOVEMBER 10, 1999: GREASE TRAP INSTALLATION AGREEMENT: Corrie: Okay. I'll open the Meridian City Council meeting for November the 16th, 1999 at 7:37. Roll-call, Mr. Berg. Welcome, everybody here this evening, and I'm glad to see you all. Council, we have on the Consent Agenda, Items A. Band C. the approval of minutes of November the 3rd and the one the 10th and the grease trap installation agreement. Any discussion? Bird: I have none. Corrie: I'll entertain a motion to approve the Consent Agenda. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move we approve the Consent Agenda of Items A. Band C. Rountree: Second. Corrie: Okay. Motion was made and seconded to approve the Consent Agenda, A, Band C. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES ITEM 1. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING (R-T TO R-4) BY CHARLES CRANE - LOCATED AT 3610 W. USTICK ROAD: Meridian City Council Mee! November 16,1999 Page 2 . Corrie: The agenda, we were thinking about going through all the Findings of Facts and Conclusions of Law under our Consent Agenda for 14 Items, but we have a few that we need to probably discuss here with the City staff. So we'll take the Items as they come. Item No.1 is a Findings of Facts and Conclusions of Law: Request for annexation and zoning (R-T to R-4) by Charles Crane located at 361O West Ustick Road. Staff, comments on Item 1? Stiles: Mr. Mayor, Council, the Findings on Item 1, Page 7, Item 20, I believe should be removed. It talks about providing services to surrounding institutional, commercial and residential development, and this is just a 1.9 acre residential subdivision, or proposed subdivision. Also on Page 8, 21.3 should be deleted, 21.5 should be deleted. Although Ada County Highway District had made a recommendation on Page 13, they had asked for a driveway on Ustick Road under 3.9 on Page 13, they'd asked for a driveway on Ustick Road to align with Turnberry Way. Turnberry Way is not across the street from this subdivision. It's a little further to the west. If we could change that to align with the public road on the south side of Ustick Road. That's alii had on these Findings. Corrie: Council, find any other things you'd like to see changed? Bird: I have none. Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: I move that we approve the Findings of Facts and Conclusions of Law and Decision of Order with the following corrections: On Page 7 delete Items 20, Page 8 delete Items 21.3,21.5, and on Page 13, Item 3.9, delete the reference to Turnberry Way and insert the words "public road." Bird: Second. Corrie: Okay. Motion made by Mr. Rountree, seconded by Mr. Bird to approve the Findings of Facts and Conclusions of Law with the exception to the changes. Any further discussion? Roll-call vote; Mr. Anderson. Anderson: Aye. Corrie: Mr. Bentley. Bentley: Aye. Corrie: Mr. Bird. Bird: Aye. Meridian City Council Meet! November 16,1999 Page 3 8 Corrie: Mr. Rountree. Rountree: Aye. MOTION CARRIED: ALL AYES ITEM 2. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR RECONSIDERATION OF PRELIMINARY PLAT FOR TARAWOOD SUBDIVISION BY MICHAELANGELO INVESTMENTS, LLC - SOUTH OF LOS ALAMITOS PARK AND NORTH OF SHERBROOKE HOLLOWS: Corrie: Item No.2, Findings of Facts and Conclusions of Law: Request for reconsideration of preliminary plat for Tarawood Subdivision by Michelangelo Investments, LLC, south of Los Alamitos Park and north of Sherbrooke Hollows. Staff, comments on Item 2? Stiles: I had no problems with the Findings with No.2. Corrie: Okay. I'll entertain a motion on Item No.2. Rountree:. Mr. Mayor. Corrie: Mr. Rountree. Rountree: I move that we approve the Findings of Facts and Conclusions of Law and Decision of Order for the preliminary plat. Corrie: Do I hear a second? Bird: Second. Corrie: Motion is made and seconded to approve the Findings of Facts and Conclusions of Law for the reconsideration of the preliminary plat on Item No.2. Any further discussion? Hearing none, roll-call vote; Mr. Anderson. Anderson: Aye. Corrie: Mr. Bentley. Bentley: Aye. Corrie: Mr. Rountree. Rountree: Aye. Meridian City Council Meet November 16, 1999 Page 4 . Corrie: Mr. Bird. Bird: Aye. MOTION CARRIED: ALL AYES ITEM 3. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR VARIANCE TO ALLOW BUILDING HEIGHT OF 43 FEET IN AN I-L ZONE BY FOOD SERVICES OF AMERICA: Corrie: Item No.3 is the Findings of Facts and Conclusions of Law: Request for variance to allow building height of 43 feet in an I-L zone by Food Services of America. Staff, any changes? Stiles: Mr. Mayor and Council, just a minor clarification. Although the applicant did make reference in their application to Boise Warehouse, on Page 4, the second line, that should be Meridian Warehouse, and also on Page 5, the second line should be Meridian Warehouse. Corrie: Okay. Any other comments from Council? Bird: I have none. Corrie: I'll entertain a motion on Item No.3. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we approve the Findings of Facts and Conclusions of Law and Decision of Order for the request for variance to allow building height to 43 feet in an I-L zone by Food Services of America with the changes of Meridian - from Boise to Meridian in the Findings. Rountree: Second. Corrie: Okay. Motion is made and seconded to approve the Findings of Facts and Conclusions of Law with the changes of the word "Boise" to "Meridian" in two areas for the Food Services of America and height. Any further discussion? Roll-call vote; Mr. Anderson Anderson: Aye. Corrie: Mr. Bentley. Meridian City Council Meet November 16, 1999 Page 5 e Bentley: Aye. Corrie: Mr. Bird. Bird: Aye. Corrie: Mr. Rountree. Rountree: Aye. MOTION CARRIED: ALL AYES ITEM 4. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR VARIANCE OF THE EAST SIDE YARD SETBACK (REDUCTION FROM 10 FEET TO 7 FEET) BY PIPCO, LLC: Corrie: Item 4 is the Findings of Facts and Conclusions of Law: Request for a variance of the east side yard setback (reduction from 10 feet to 7 feet) by PIPCO, LLC. Staff, any comments? Stiles: No, Mr. Mayor and Council. Corrie: Hearing none, I will - Mr. Bentley. Bentley: Mr. Mayor. I move that we approve the Findings of Facts and Conclusions of Law and Order of Decision granting a variance for PIPCO, LLC. Bird: Second. Corrie: Motion made and seconded to approve the Facts and Conclusions of Law; request for a variance on Item No.4. Any further discussion? Hearing none, roll-call vote; Mr. Anderson. Anderson: Aye. Corrie: Mr. Bentley. Bentley: Aye. Corrie: Mr. Bird. Bird: Aye. Corrie: Mr. Rountree. Rountree: Aye. 8 Meridian City Council Meeting November 16, 1999 Page 6 8 MOTION CARRIED: ALL AYES ITEM 5. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT TO CHANGE LAND USE FROM SINGLE-FAMILY RESIDENTIAL TO MIXED/PLANNED USE BY J-U-B ENGINEERS, INC. - WEST OF EAGLE ROAD BETWEEN FAIRVIEW & USTICK: Corrie: Item No.5 is the Findings of Facts and Conclusions of Law: Request for Comprehensive Plan Amendment to change land use from single-family residential to mixed/planned use by J-U-B Engineers, Inc., west of Eagle Road between Fairview and Ustick. Stiles: I had nothing on that. Corrie: Okay. Hearing none, I'll entertain a motion on the Decision of Order on Item No.4. Bentley: Mr. Mayor. Corrie: Mr. Bentley. Bentley: I move we approve the Findings of Facts and Conclusions of Law and Decision of Order of recommendation of Comprehensive Plan Amendment by J-U-B Engineering. Bird: Second. Corrie: Motion is made and seconded to approve the Findings of Facts and Conclusions of Law on Item No.5. Further discussion? Hearing none, roll-call vote; Mr. Anderson. Anderson: Aye. Corrie: Mr. Bentley. Bentley: Aye. Corrie: Mr. Bird. Bird: Aye. Corrie: And Mr. Rountree. Rountree: Aye. Meridian City Council Meet November 16,1999 Page 7 8 MOTION CARRIED: ALL AYES Gigray: Mr. Mayor, point of procedure and information. Corrie: Mr. Gigray. Gigray: Mr. Mayor, members of the Council, I believe on each of these Comprehensive Plan land use designation changes, amendments, we've prepared a Resolution in addition to the Findings for the Council to consider as the State Law now requires that the Comprehensive Plans be approved by Resolution rather than by Ordinance. We did not prepare an Ordinance. I prepared a Resolution as a method to effectuate the decision that you have just made. I see no problems with a timetable of that you could go ahead and approve those Resolutions as you approve these Findings if you choose. If you want to wait and put them on the Council agenda for the next meeting, that's a matter of your discretion. Corrie: I'd just soon do it one time. Bird: I would too, Mayor. Corrie: All right. We have the Resolution on Item No.5. Bird: What's the Resolution No.? Gigray: 263. Bird: 263? Gigray: Right. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we approve the Resolution 263 for the Mayor to sign and Clerk to attest. Rountree: Second. Corrie: Okay. Motion's been made and seconded to have the Mayor to sign, the Clerk to attest Resolution No. 263. Any further discussion? Hearing none, all in favor of the Resolution say aye. MOTION CARRIED: ALL AYES Meridian City Council Meel November 16, 1999 Page 8 8 ITEM 6. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT TO CHANGE LAND USE OF 12.3 ACRES FROM SINGLE-FAMILY RESIDENTIAL TO COMMERCIAL BY DEVELOPERS DIVERSIFIED REALTY CORPORATION/DAKOTA COMPANY - SOUTH OF FAIRVIEW AND EAST OF RECORDS: Corrie: Item No.6. This is a Findings of Facts and Conclusions of Law: Request for a Comprehensive Plan Amendment to change land use of 12.3 acres from single-family residential to commercial by Developers Diversified Realty Corporation/Dakota Company, south of Fairview and east of Records. Staff. Stiles: Nothing, Mayor. Corrie: Mr. Rountree. Rountree: Mr. Mayor, procedural question. Were we going to see if there were any citizens that were wishing to testify on these items because of the process we went through last meeting? Corrie: I don't think we - Mr. Gigray, can we do that? I think we only had one that was continued public hearing. Gigray: Right. There was one and the rest you did not continue. There was some discussion as to whether or not a question might be asked by the Mayor or with leave of counsel if anyone was appearing tonight thinking there was a public hearing on any of those matters. Bird: People left early, remember? Corrie: Is anybody here that left early that were going to testify on any of these Comprehensive Plan changes that we're going through tonight? Other than the - Item 17 which is single-family residential, mixed/planned use development for Touchmark Living Centers which is a continued public hearing. Gigray: Matter of procedure, Mr. Mayor and members of the Council, I'd recommend that for purposes, the record that you might direct that the minutes show that no one responded to that call. Corrie: So be the records. All right. Thank you, Mr. Rountree. Item No.6. Okay. We're on Item No.6. Comments? Bird: I have none. Meridian City Council Meel November 16, 1999 Page 9 8 Corrie: Okay. I'll entertain a motion on the Findings of Facts and Conclusions of Law. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we approve the Findings of Facts and Conclusions of Law and Decision of Order, request for Comprehensive Plan Amendment to change land use to 12.3 acres from single-family residential to commercial by Developers Diversified Realty Corp/Dakota Company, south of Fairview and east of Records. Anderson: Second. Corrie: Okay. Motion made and seconded to approve the Findings of Facts and Conclusions of Law on Item No.6. Any further discussion? Hearing none, the roll-call vote; Mr. Anderson. Anderson: Aye. Corrie: Mr. Bentley. Bentley: Aye. .corrie: Mr. Bird. Bird: Aye. Corrie: Mr. Rountree. Rountree: Aye. MOTION CARRIED: ALL AYES Corrie: I'll entertain a motion on the Resolution No. 264. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we approve Resolution 264 for the Mayor to sign and the Clerk to attest. Anderson: Second. Meridian City Council Meel November 16, 1999 Page 10 8 Corrie: Motion made and seconded to have the Mayor sign and the Clerk to attest the Resolution No. 264. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES ITEM 7. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING TO C-C OF 13.09 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORPORATION - 4000 E. FAIRVIEW, % MILE EAST OF EAGLE ROAD: Corrie: Item No.7 is the Findings of Facts and Conclusions of Law: Request for annexation and zoning to C-C of 13.09 acres by Developers Diversified Realty Corporation, 4000 East Fairview and % mile east of Eagle Road. Staff, changes on Seven? Stiles: Mr. Mayor and Council, on Page 5, Paragraph 15, it's a little awkward because the Comprehensive Plan was just approved for change to make this commercial, but the way it reads is that the zoning is not consistent with the Meridian Comprehensive Plan which designates a subject property is commercial. It would have been single-family residential, so I guess I would defer to legal counsel to how we can clean that up. Corrie: Mr. Gigray. Gigray: Mr. Mayor, members of the Council, the state of affairs at the time I drafted this was at this time we can reflect that the change has been in effect as you've just acted. The plan, the generalized land use plan has been changed by your action. We can change that Finding to reflect that. Corrie: Okay. Thank you. Anything else, Shari? Stiles: No, sir. Corrie: Okay. I'll entertain a motion, then, on Item No.7. Bentley: Mr. Mayor. Corrie: Mr. Bentley. Bentley: I move we approve the Findings of Facts and Conclusions of Law and Order granting annexation and zoning for Diversified - Developers Diversified with the correction on Item 15, Page 5, the Comprehensive Plan has been changed to allow this. Bird: Second. Meridian City Council Meet November 16, 1999 Page 11 . Corrie: Motion was made and seconded to approve the Findings of Facts and Conclusions of Law, request for annexation and zoning on Item No.7 with correction. Any further discussion? Hearing none, roll-call vote; Mr. Anderson. Anderson: Aye. Corrie: Mr. Bentley. Bentley: Aye. Corrie: Mr. Bird. Bird: Aye. Corrie: Mr. Rountree. Rountree: Aye. MOTION CARRIED: ALL AYES Bird: Don't we have a Resolution on that? Corrie: Is there an Ordinance on that? Gigray: On an annexation and zoning, there - (inaudible) No. Because there's a Development Agreement associated with that. Mr. Mayor and members of the Council, and that Development Agreement I also anticipate will be involved with the next Item on your agenda, and then the schedule the ordinance passage for the next meeting has been your standard procedure. ITEM 8. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR REZONE OF 11.4 ACRES FROM I-L TO C-C BY DEVELOPERS DIVERSIFIED REALTY CORPORATION /DAKOTA COMPANY - SOUTH OF FAIRVIEW AND EAST OF RECORDS: Corrie: Item No.8, Findings of Facts and Conclusions of Law: Request for rezone of 11.4 acres from I-L to C-C by Developers Diversified Realty Corporation/Dakota Company, south of Fairview and east of Records. Staff, comments, changes? Stiles: Nothing, sir. Corrie: Okay. This is the same thing, Bill, right? (inaudible) Meridian City Council Meetf November 16, 1999 Page 12 8 Gigray: That'd be correct. I might advise the Council for your information, we have prepared in light of the direction you gave me at the last Council meeting with anticipation of preparing these Findings and Development Agreement, and because it has been represented by the developers in the public hearings that this property which is the subject of Item No.8 and the property which was the subject of Item No.7 will be developed together. We have prepared one Development Agreement which will effect both properties with a proviso that the owner of the property that's subject to Item No.7 would only be responsible for the provisions of the Development Agreement as it pertains to that particular property. That's prepared and then, I think,. has been submitted to the Clerk today for consideration by the developer if you act on this Item. (inaudible discussion amongst Council members) Corrie: Mr. Bentley. Bentley: I move that we approve the Findings of Facts and Conclusions of Law, request for rezone of 11.4 acres from I-L to C-C by Developers Diversified Realty Corporation/Dakota Company. Rountree: Second. Corrie: Okay. Motion's been made and seconded to approve Item No.8, rezone of 11.4 acres from I-L to C-C by Developers Diversified Realty Corporation/Dakota Company. Is there any further discussion? Roll-call vote; Mr. Anderson. Anderson: Aye. Corrie: Mr. Bentley. Bentley: Aye. Corrie: Mr. Bird. Bird: Aye. Corrie: Mr. Rountree. Rountree: Aye. MOTION CARRIED: ALL AYES ITEM 9. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT FROM SINGLE- FAMILY RESIDENTIAL TO MIXED RESIDENTIAL FOR TERRACE Meridian City Council Meet' November 16, 1999 Page 13 8 LAWN MEMORIAL GARDENS, INC. BY CLARK DEVELOPMENT /BILL CLARK - SOUTH OF FAIRVIEW AVENUE BETWEEN EAGLE ROAD AND CLOVERDALE: Corrie: Item No.9 is Findings of Facts and Conclusions of Law: Request for Comprehensive Plan Amendment from single-family residential to mixed residential for Terrace Lawn Memorial Gardens, Inc., by Clark Development/Bill Clark, south of Fairview Avenue between Eagle Road and Cloverdale. Staff. Stiles: Mr. Mayor and Council, this was recommended for mixed/planned use development and not mixed residential. The recommendation by Planning and Zoning Commission was for mixed/planned development. On Page 13 of 16, it still refers in Item 1, third and fourth line is mixed residential. Also on Page 14, second line, it says mixed residential. Then also the wording in the Resolution would need to be changed to from mixed residential to mixed/planned use development. Corrie: It wouldn't make a difference (inaudible) cemetery. Bird: Yeah. Corrie: Any others, Shari? Anything else? Okay. Thank you. Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: I move that we approve the Findings of Facts and Conclusions of Law, Decisions and Order and Resolution 265 for the single-family residential to mixed/planned use development and change all references in all of those documents that refer to mixed residential to mixed/planned use development. Bird: Second. .corrie: Okay. Motion is made and seconded to approve the Findings of Facts and Conclusions of Law on the request for Comprehensive Plan Amendment for single-family residential to mixed/planned unit development. Gigray: Mr. Mayor. Corrie: Mr. Gigray. Gigray: Sorry to interrupt, but a point of procedure. I'm looking at the staff reports, and the headings from Planning and Zoning, and it talks about designation to mixed residential designation. Meridian City Council Meet! November 16, 1999 Page 14 8 Stiles: That is what their application was for, but the motion was to make it mixed/planned use development. Gigray: Was there an amendment to the plan? Corrie: That's what this is, is a (inaudible) Rountree: That's what my motion was. (inaudible discussion amongst Council members) Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: City Clerk can't find that file. Possibly Shari could bring that information to the - we could take a look at it. Stiles: Do you want the recommendations from the Commission or - Rountree: Please. Stiles: -- or your motion? (inaudible discussion amongst Council members) Bird: Millenium with G.L. Voigt. This is a different one. Rountree: Shari. Bird: This is G.L. Voigt. Stiles: No. That's the (inaudible) Bird: Millenium? I don't think so. Corrie: Millenium Business Park? We all make mistakes. Bird: What does our motion say to pass the - Stiles: It's in the motion. Bird: In the motion? Rountree: She just said. Meridian City Council Meeti' November 16, 1999 Page 15 8 Bird: I can't find it. (inaudible discussion amongst Council members) Corrie: Mr. Rountree. Rountree: Page 42 of the minutes of the November 3rd meeting, motion was made by Mr. Rountree - I move that we have Findings of Facts and Conclusions of Law to reflect the recommendations from Planning and Zoning and recommendations from the Planning Administrator that would indicate that the reference should be to Clark Development/Bill Clark, not J-U-B and the zoning be described that the City would support mixed/planned use development. Bird: But the application- Rountree: And that was the recommendation from Planning and Zoning as well. (inaudible discussion amongst Council members) Corrie: Is that what they applied for? Bird: That's what we voted for was the mixed use. Corrie: Mixed/planned use development? Bird: It was such a short week that they couldn't get the minutes to him (inaudible) and he went off of the recommendations. Corrie: Okay. So is it all right, then, Mr. Gigray? Gigray: Well, they're your Findings. Corrie: I know. Okay. Then I'll repeat the motion, then. The Findings of Facts and Conclusions of Law, request for Comprehensive Plan Amendment from single-family residential to mixed/planned unit development for Terrace Lawn Memorial Gardens, Inc., Clark Development/Bill Clark for Resolution No. 265. Is that correct, Mr. Rountree? Rountree: Yes. Corrie: Okay. Anderson. Any further discussion? Hearing none, roll-call vote; Mr. Anderson: Aye. Corrie: Mr. Bentley. Meridian City Council Meeti' November 16. 1999 Page 16 . Bentley: Aye. Corrie: Mr. Bird. Bird: Aye. Corrie: Mr. Rountree. Rountree: Aye. MOTION CARRIED: ALL AYES ITEM 10. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT FROM SINGLE- FAMILY RESIDENTIAL TO MIXED/PLANNED USE (MILLENNIUM BUSINESS PARK) BY G.L. VOIGT DEVELOPMENT AND OVERLAND 16 LLC - WEST OF EAGLE ROAD AND SOUTH OF OVERLAND: Corrie: Item No.1 0 is a Findings of Facts and Conclusions of Law: Request for Comprehensive Plan Amendment from single-family residential to mixed/planned use (Millennium Business Park) by G.L. Voigt Development and Overland 16, LLC, west of Eagle Road and south of Overland. Staff, comments on Item No. 10? Stiles: Mr. Mayor and Council, on Page 5 of 16, Paragraph 14 that refers to Edgeview Estates Subdivision should be deleted. Corrie: Edgewood Estates, No. 14? Stiles: Yes. It refers to Edgeview Estates Subdivision bordering to the east. Corrie: Okay. Thank you. Tammy and Cherie, are you following with all this paperwork? Okay. I'll entertain a motion, then, on Item No.1 0 with the Resolution 266. Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: I move that we approve the Findings of Facts and Conclusions of Law and Order of Decision. I don't find the Resolution. This is the land use - this doesn't have a Resolution. Corrie: I don't have a plan use, I'm sorry, with it. Meridian City Council Meett November 16,1999 Page 17 . Rountree: The Findings of Facts and Decision of Order with the recommended correction to Page 5 by deleting Item 14. Anderson: Second. Corrie: Okay. Motion is made and seconded to approve Item No.1 0, request for Comprehensive Plan Amendment from single-family residential to mixed/planned use Millennium Business Park. Any further discussion? Hearing none, roll-call vote; Mr. Anderson. Anderson: Aye. Corrie: Mr. Bentley. Bentley: Aye. Corrie: Mr. Bird. Bird: Aye. Corrie: Mr. Rountree. Rountree: Aye. MOTION CARRIED: ALL AYES Corrie: Item No. 11 - Rountree: Mr. Mayor. Corrie: Yes. Rountree: City Clerk does have a Resolution for particular item. Corrie: Okay. Rountree: I don't know that the rest of the Council has that. Bird: I don't have one. Corrie: Okay. So they're - okay. We can do the Resolution then. Rountree: Mr. Mayor. Corrie: Mr. Rountree. Meridian City Council Melg November 16, 1999 Page 18 8 Rountree: I move that we approve Resolution 266 for G.L. Voigt Development. Bird: Second. Corrie: Motion made and seconded to approve the Resolution 266 on G.L. Voigt Development Overland 16, LLC. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES ITEM 11. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT FROM SINGLE- FAMILY RESIDENTIAL TO COMMERCIAL BY QUEENLAND ACRES, INC. - SOUTH SIDE OF OVERLAND ROAD ACROSS FROM INTERSTATE CENTER SUBDIVISION AND ROARING SPRINGS WATER PARK: Corrie: Item No. 11, Findings of Facts and Conclusions of Law: Request for Comprehensive Plan Amendment from single-family residential to commercial by Queenland Acres, Inc" south side of Overland Road across from Interstate Center Subdivision and Roaring Springs Water Park. Staff, changes? Stiles: Mr. Mayor and Council, this was also recommended by Planning and Zoning Commission for a mixed/planned use development designation, although it wasn't clear by what the motion was by Council, the applicant did get up and agree to changing the designation to mixed/planned use instead of the commercial that was requested. Bird: Was that in their testimony, Shari? Excuse me, Mayor. Stiles: Yes. Bird: I don't think our motion covered that. Corrie: Okay. I'll entertain a motion, then, on Item No. 11. Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: I move that we approve the Findings of Facts and Conclusions of Law, Decision of Order and Resolution No. 267 for this Item 11 and all references of land use change from single-family residential to commercial be changed to land use from single-family residential to mixed/planned use development. Meridian City Council Mel November 16, 1999 Page 19 8 Anderson: Second. Corrie: Okay. Motion is made and second to approve the Findings of Facts and Conclusions of Law to request for Comprehensive Plan Amendment from single- family residential to mixed/planned use development to commercial, sorry, to mixed/planned unit development and to approve Resolution No. 267. Any further discussion? Hearing none, roll-call vote; Mr. Anderson. Anderson: Aye. Corrie: Mr. Bentley. Bentley: Aye. Corrie: Mr. Bird. Bird: Aye. Corrie: Mr. Rountree. Rountree: Aye. MOTION CARRIED: ALL AYES ITEM 12. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT FROM SINGLE- FAMILY RESIDENTIAL TO MIXED/PLANNED USE BY IDAHO BASEBALL ACADEMY - NORTHWEST CORNER OF AMITY AND MERIDIAN ROAD: Corrie: Okay. Item No. 12 is a Findings of Facts and Conclusions of Law: Request for Comprehensive Plan Amendment from single-family residential to mixed/planned use by Idaho Baseball Academy, northwest corner of Amity and Meridian Road. Staff, comments? Stiles: Mr. Mayor and Council, I believe the motion - the recommendation from Planning and Zoning Commission and the motion by Council for this was to designate the two acres shown on their plan as mixed/planned use development and the remainder of that would be park, open space designation. I don't see any reference to the park. Bird: Mr. Mayor. Corrie: Mr. Bird. Meridian City Council Meel November 16, 1999 Page 20 8 Bird: I believe my motion, seconded by Mr. Rountree, that the attorney draw Findings of Fact, Decision of Order in favor of Comprehensive Plan Amendment from single-family residential to mixed/planned use by the Idaho Baseball, and not a thing said about two acres. Stiles: Do you have the minutes with you? Bird: I got the minutes right here. Rountree: I know it was discussed. Bird: We discussed that, and that's what the motion come through that way. We didn't feel it was fair to tie them down to two acres. Stiles: I am showing the (inaudible) Bird: The decision of the Planning and Zoning Commission. But that had been discussed at that point. Stiles: It was two acres mixed/planned use and the remainder park (inaudible). Bird: I didn't understand it that way. Corrie: Mr. Gigray, do we have any problem with the Ada County planning on this proposal? I remember a letter coming in from the Ada County Planning. Gigray: Mr. Mayor, members of the Council, the letter from the County indicated that the redesignation of the mixed/planned use might pose some problems with their existing zoning as to whether or not the intended development of this applicant could be accommodated without some kind of ordinance change, but in this instance, remember a Comprehensive Plan drives what will be done as on the ordinance, so this is kind of the top of the chain. That would be some problematic issues that the developer might have to deal with the County. As I remember, there was also some indication in there that they might want to see some wording in our written Comprehensive Plan regarding what that mixed/planned use meant, and I suppose that would be for guidance for them on potential future zoning, and I don't think the application included such a request, and since you already have and recognize such a use on your Comprehensive Plan, generalized land use plan, you could facilitate the request. Again, as I've indicated before, these are your Findings, and you make the changes as you see them based on the record. It isn't a final action until you take it, approve them. Corrie: Any further discussion on this two acres and the rest of the open space? Mr. Bird? Motion to mixed use? Meridian City Council Meet November 16, 1999 Page 21 8 Bird: I didn't understand it that way, but I guess - I thought we'd thrown that part out of the Planning and Zoning. I would move to table this until the next meeting. I don't think that's the way the owners understood it, did they? Rountree: Second. Corrie: Okay. Motion has been made by Mr. Bird and seconded by Mr. Rountree to table item No. 12 for next meeting for further discussion with the owners. Gigray: Mr. Mayor, just a point of information while you're considering a vote, if that'd be agreeable with Mayor and Council. If you wish to give me some direction about some potential revisions of these so you have something to look at the next Council meeting, I'd certainly entertain such an accompaniment to that motion so that I could present you with something else to look at if you desire which could include a designation of the entire parcel mixed/planned use if that's what your intentions were or to do the two acres with the park designation if that's what your intentions were. Some of these Findings, of course, support the ultimate decision which would mean I have to go back through and review those for some other potential changes in light of the end result. Corrie: Okay. Bird: I'd like to see that if any part of the motion - I thought it was mixed use, and I don't know what the other guys thought, but I thought we had discussed and taken that out. I'd like to see some action on that. Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: From my prospective, I recall a discussion, also recall that we included the Planning and Zoning's recommendation in the motion, and I also recall that the applicant got up before us and generally shook his head and said, I can agree with that. Wasn't it necessarily his preferred decision on his part, but I recall that he was in general agreement with that kind of a concept with the two acres of commercial or mixed use and the remainder as a park designation. I think we then would have to write some kind of explanation to the County as to how that particular use classification was interpreted what could go on there. I believe, at least from my point of view, I'd like to see that angle addressed -- *** End of Side 1 *** Bird: (inaudible), Charlie? That's how they basically stand now. Rountree: No. It's not real clear about - Meridian City Council Meet November 16. 1999 Page 22 .: Bird: It isn't real clear. Rountree: -- the general findings indicate that it's mixed use. Corrie: So, Mr. Gigray can (inaudible) Rountree: Needs to be clarified. Bird: Yeah. Get it clarified. Corrie: So that's okay for the addition in your second, then? Rountree: I'll second that. Gigray: This is park and two acres then; is that what we're doing? Corrie: Yes. Okay. All right. The motion is to table Item No. 12 with the attorney to work on the two acres and the mixed/planned use. Questions? Any further discussion? Gigray: Just one additional question if I might ask for the Council is my definition as have crafted in this decision with regards to where the two acres is in accordance with your thinking on this. I tried to tie it to the site plan that was presented and the activity in the site plan that would match that type of use since we don't have a separate parcel. Bird: Yeah. I don't know how your going to - I don't know what two acres you're going to tell them - Gigray: It also includes a provision that the applicant would submit a legal description as requested by Staff and Public Works Department that they could map it. Rountree: I believe your description is, Mr. Mayor, I believe your description is how they portrayed the two acres. Gigray: So I don't need to change that? Rountree: I don't think so. Corrie: That's the Hall of Fame waiver and baseball (inaudible) it says of two acres or more. Bird: Yeah. Meridian City Council Mea November 16, 1999 Page 23 8 Gigray: Yeah. I just did two acres more or less so that it could fit whatever it is because we didn't have exact measurements. Corrie: Okay. Any further discussion? All in favor of the motion to table, say aye. MOTION CARRIED: ALL AYES Corrie: Item tabled to December ¡th. I believe it's the December the 7th; right? ITEM 13. TABLED 11/03/99: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR REZONE OF 7.265 ACRES FOR CREEKSIDE ARBOUR PHASE II FROM R-8 TO R-15 BY WILLIAM & LUCILE LEAVELL - END OF 5TH, NORTH OF CREEKSIDE ARBOUR PHASE AND SOUTH OF FAIRVIEW: ITEM 14. TABLED 11/03/99: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT TO CONSTRUCT 16 FOUR-PLEXES WITH POOL AND CLUBHOUSE FOR USE BY PHASE I & II (PROPOSED CREEKSIDE ARBOUR PHASE II) BY WILLIAM & LUCILE LEAVELL: Corrie: Okay. Item No. 13 is tabled 11/03/99: Findings of Facts and Conclusions of Law: Request for rezone of 7.265 acres for Creekside Arbour Phase II from R-8 to R-15 by William and Lucile Leavell, end of 5th, north of Creekside Arbour Phase and south of Fairview. Staff, any comments on this one? Stiles: Mr. Mayor, Council, on Items 13 and 14, we have met with the applicant. There are some conditions in the Findings of Facts and Conclusions of Law that they wish to have amended now. So we are waiting some revised site plans and revised narrative for the application so we can notice for a new public hearing and incorporate those changes if the Council chooses to. Gigray: Mr. Mayor. Corrie: Mr. Gigray. Gigray: There was a Council just to assist in this, I believe I submitted a memo to the Mayor and Council regarding that meeting and a recommendation that the Council consider a motion to re-opan the public hearing and to re-set it providing the notice of (inaudible) under law, receive additional evidence and testimony which would effect the issues with regards to particularly pathways and roadways and other items which would be affected and would be beyond what Staff felt would be done and still to make those changes still be within the framework of the public hearing and the record that's been produced in this matter. Meridian City Council Me! November 16, 1999 Page 24 8 Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: A question for counsel. That would be hearings for both of the rezone as well as the conditional use should be re-opened? Gigray: I think the potential conditions would probably cross both ones, and the safe play would be to re-open them. We had a meeting with their - the owners and with their representatives, and I think they fully understand this and would agree to this action. . Corrie: I'll entertain a motion to move re-opening of the public hearing. Do we need a date? Bird: We need to table these. Corrie: Yeah. We do need to table them, but we do need to re-open them. Okay. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we table No. 13, the Findings of Facts and Conclusions of Law: Request for rezone 7.265 acres from Creekside Arbour Phase II from R-8 to R-15 by William and Lucile Leavell. Gigray: Fourteen also. Bird: Yeah. Thirteen and fourteen. The request for conditional use permit. Table these until - how long do you have to send out the public notice before they open? Corrie: Fifteen days. Bird: It takes three weeks. Corrie: (inaudible) December, right? So you're looking at January, then? Bird: Go into the first one in January? Corrie: First meeting in January would be - Bird: We can go the 21st of December. Would that give us time? Meridian City Council Me. November 16, 1999 Page 25 8 Corrie: Shari, do we have time? When is that going to be due? Stiles: Mr. Mayor, we are still waiting for revised site plans, so until we get those, we won't know. Corrie: Okay. Rountree: Just remove it. Corrie: Well, you've got- Bird: Can we remove it? Corrie: -- some unfinished business with counsel, here. Will we have that by the, what is it, January the 4th? Stiles: Hopefully we will. Corrie: We'll have to because otherwise we'll have to hold this Council for another two weeks. Okay. Let's go for the 4th of January and see what - Bird: Table until the 4th of January and proceed with public hearings on both items. Corrie: Okay. Bentley: Second. Corrie: Okay. Motion made to table to January the 4th, 2000, Items No. 13 and 14. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES ITEM 15. TABLED 10/5/99: ANNEXATION AND ZONING OF 6.15 ACRES (FOR R-40 ZONING) FOR PROPOSED COBBLESTONE VILLAGE BY IONIC ENTERPRISES, INC., - SOUTHWEST CORNER OF LOCUST GROVE & FRANKLIN: Corrie: Item No. 15 was tabled 10/05/99. This is annexation and zoning of 6.15 acres (for R-40 zoning) for proposed Cobblestone Village by Ionic Enterprises, Inc., southwest corner of Locust Grove and Franklin. Mr. Gigray, do we have that? What we've been waiting for? Meridian City Council Mel November 16, 1999 Page 26 8 Gigray: Mr. Mayor, members of the Council, we've received communications from the applicant here, and they've provided us with the necessary Resolutions and authorization to do business, and I believe they've supplied the Clerk with a signed -- signature on the Development Agreement. Corrie: Will, do you have that? Berg: Mr. Mayor, members of the Council, yes. I have his signature on the Development Agreement. They submitted a thick package that I passed onto Mr. Gigray for his inspection. Bird: Are we ready to dance? Corrie: Yeah. We can - do you want to do that one? Bird: Well, I just wanted to know if we got everything we need. Corrie: Okay. I'll entertain a motion on Item 15. Gigray: I believe this would be the first reading of an annexation ordinance and zoning. Isn't that - or first you could move to authorize the Mayor to sign the Development Agreement if that isn't on the record. This has been tabled for awhile so it's a little confusing. That'd probably be the first motion and then you can deal with the - Corrie: Annexation. Gigray: -- annexation and zoning ordinance. But since the developer has already signed the Development Agreement, that's usually the only reason why you hold those up. Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: I move that we approve the Development Agreement for Ionic Enterprises, Inc., authorize the Mayor to sign, the Clerk to attest. Bird: Second. Corrie: Motion made by Mr. Rountree and second ~y Mr. Bird to have the Mayor sign, the Clerk to attest the Development Agreement on Cobblestone Village. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Meridian City Council Me! November 16, 1999 Page 27 8 Corrie: All ayes, motion is carried. annexation. Okay. I'll entertain a motion on the (inaudible) Corrie: Yes. (inaudible) Rountree: You do a roll-call. Corrie: Oh. On that one? On development - okay. All right. We'll go back for a roll-call vote on the Development Agreement; Mr. Anderson. Anderson: Aye. Corrie: Mr. Bentley. Bentley: Aye. Corrie: Mr. Bird. Bird: Aye. Corrie: Mr. Rountree. Rountree: Aye. MOTION CARRIED: ALL AYES Corrie: Okay. Annexation and zoning is in order? Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: I have a question for counsel. We have a copy of the ordinance that was provided to us on September ¡th and it's been tabled since that time; is that ordinance reflect the most recent changes? Gigray: Mr. Mayor, Councilman Rountree, members of the Council, there really were no changes. What we were waiting on had to do with corporate issues and certification from the Secretary of State and waiting for Resolutions, and I think that the corporation Ionic's people were in and out of the office, and that caused them some delay, and that's the only reason we've been holding it. Meridian City Council Me! November 16. 1999 Page 28 8 Corrie: Resolution 848. Bird: Ordinance, isn't it? Corrie: I mean Ordinance. Yes. Bird: I say we jump to (inaudible) Corrie: Well, we can't very handily read the ordinance by title only since I don't have it unless you have it. Rountree: Will has it. Corrie: Will's got it? Okay. Bird: He can read it, then. Corrie: Mr. Berg, will you read Ordinance No. 848 by title only, please? Berg: Yes. Thank you, Mr. Mayor, members of the Council. Ordinance No. 848, an ordinance finding that certain land lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho, and finding that the owner has made a request for annexation in writing to the Council and that said land be annexed to the City of Meridian and zoning designated high-density residential district, R-40, and declaring that said land by proper legal description and described below be a part of the City of Meridian, County of Ada, State of Idaho, repealing all ordinances, resolutions, orders or parts thereof in conflict herewith and directing the city engineer to add said property to the official maps of the City of Meridian, Idaho, directing the Clerk of the City of Meridian to file a certified copy of the Ordinance and map of the areas to be annexed with the Ada County Recorder, Auditor, Treasurer and Assessor and the State Tax Commission of the State of Idaho pursuant to Idaho Code § 50-223 and § 53-2215. Corrie: Thank you. Anyone from the audience that would like to have Ordinance No. 848 read in its entirety? Okay. Hearing none, I'll entertain a motion on Ordinance 848. Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: I move that we approve Ordinance 848 with suspension of rules -- Bird: Second. Rountree: -- authorize the Mayor to sign, the Clerk to attest. Meridian City Council Me. November 16.1999 Page 29 8 Bird: Second. Corrie: Okay. Motion is made and seconded to approve Ordinance No. 848 with suspension of rules, Mayor to sign, Clerk to attest. Roll-call vote; Mr. Anderson. Anderson: Aye. Corrie: Mr. Bentley. Bentley: Aye. Corrie: Mr. Bird. Bird: Aye. Corrie: Mr. Rountree. Rountree: Aye. MOTION CARRIED: ALL AYES ITEM 16. CONTINUE PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR 96-UNIT APARTMENT COMPLEX (PROPOSED COBBLESTONE VILLAGE) BY STAMAS CORPORATION/IONIC ENTERPRISES, INC. - SOUTHWEST CORNER OF LOCUST GROVE & FRANKLIN: Corrie: Item No. 16 is a public hearing, continued public hearing. This is request for conditional use permit for a 96-unit apartment complex (proposed Cobblestone Village) by Stamas Corporation /Ionic Enterprises, Inc., southwest corner of Locust Grove and Franklin. Since this is continuous of the public hearing, I'll open the public hearing and Staff first. Stiles: Mr. Mayor, Council, I believe the applicant is here tonight to be able to make a presentation on their proposal. I believe you have the recommendation from Planning and Zoning Commission. They did recommend that some of the three-story buildings that were adjacent to the Robersons, the Robersons live right here, and they have asked that those buildings be reduced from the three- story to two-story. Other than that, I believe they are here prepared to make the presentation tonight. Corrie: Okay. Thank you. Since this is a continuous public hearing, Ms. Butler, I believe you're going to go present - okay. Meridian City Council Me. November 16, 1999 Page 30 8 Butler: Thank you, Mr. Mayor, Council members. JoAnn Butler, 101 South Capital Boulevard representing Ionic Enterprises as the applicant. As the Council will remember, at the time that we had the last public hearing on annexation and zoning, we also went over the entire conditional use and presented the various fords that Staff has describing what would be done on-site, and we held over - the Council held off on reviewing the Commission's recommendations pending the final adoption of annexation and zoning and signing of the Development Agreement. You have the recommendations by the Commission before you which we agree with except there are just maybe two or three that I'd like to direct the Council to and just indicate how we have provided you with more information or a question that we have. With that, we will - after I get through with that, we have Bryce Peterson here and Doug Tamura, the architect and designer that can answer any specific questions that you might have after following on the other public hearing that we've had. I'm looking right now at 1.27 which is found on Page 6 of your recommendations. This states that the proposed height of Building D, these are the buildings, the two buildings that are southerly most on the property. When we originally presented it to the P & Z, they were approximately 33 feet, and the Commission at that point was saying that they wanted to see further detailed and representation at the hearing, and I think they meant the City Council hearing. On the actual height of the buildings and what we presented to the Council at the last public hearing was the fact that those hearings had been reduced in height from three- to two-story so that they are approximately 26 feet in height, and the Staff has plans that show that. So I think that recommendation just reflect the fact that the plans now show that, and that is our intention. Then looking at 1.31 and 1.32, this is on Page 7. I think we explained this to the Council, but the Planning and Zoning's recommendation was that they didn't think they saw an apartment maintenance building. As you will recall, there is an existing structure on site that will be remodeled for the clubhouse, for the laundry and the clubhouse, and the garage of that building will be used for maintenance equipment. In 1.32, their recommendations talk about storage areas for things such as boats, campers and trailers. This was something that I have to say I don't recall discussing either at the Planning and Zoning Commission and looking back at the transcript or the City Council. We do meet your parking requirements at two spaces per unit, so we are meeting your requirements. I think that this particular recommendation would fall away. Finally, I'll just turn you to the last two pages, Pages 8 and 9. These were the specific recommendations of the P & Z Commission, 1.43 that the two buildings shall be reduced to two stories which they have, and on the following page, the unimproved right-of-way shall be maintained at the expense of the developer, and that is true. On 1.45, with regard to ACHD, it has always been our intent to meet all of ACHD's requirements. At the Planning - as we talked about at the last City Council meeting, at the Planning and Zoning Commission, there was a discussion with Larry Sale about whether or not that intersection should be improved at that point. Mr. Sale was explaining to the Commission that, no, right now ACHD was looking for more flexibility with regard to that intersection. I'm just reading from my notes from that hearing. That when it becomes a safety Meridian City Council Me! November 16, 1999 Page 31 . problem, ACHD can move funds to reconstruct and install a signal or add turn lanes. He was explaining to the Commission that, no, ACHD had not made that requirement or made that requirement of this applicant, and it was not making that recommendation. We will- so we are asking that that condition of approval be clarified to say the applicant will meet all ACHD's requirements, but with regard to a proportionate share of improvement, that would be left up to ACHD. At this point, they are not asking for that. So, other than those few modifications, we're in agreement with the recommendations of the Planning and Zoning Commission. We'll stand for questions and respectfully ask that you approve the conditional use as you have the zoning and annexation. Corrie: Mr. Rountree. Rountree: I'm just a little slow at taking notes, so bear with me. Butler: Okay. Rountree: The second item you mentioned after 1.27. Butler: 1.31. Rountree: Okay. Butler: That's the - there is an existing structure on-site that's going to be used for clubhouse and, I guess, P & Z would - was wondering where will maintenance equipment be held, and that will be in the garage of this structure which exists. Corrie: Excuse me, but did you say 1.32 to eliminate? Butler: Yeah. We're asking that that be eliminated. It references, it says that there does not appear to be any storage areas provided on the site, and they're talking in terms of boat, campers and trailers. That wasn't - it's certainly not a requirement under the Ordinance, and we think that we are very well parked for this site to - two spaces per unit, so if that should become an issue, that people would have spaces. I don't think it's our idea to encourage that. Rountree: That's alii have. Corrie: Any comments, Council? Bentley: Comment for Staff. Shari, your response to her - response of your questions? Stiles: I do agree that the storage at least for the maintenance of the facility could be accommodated in the existing building. Under 1.32, it is referring Meridian City Council Mel November 16, 1999 Page 32 8 specifically to an ordinance requirement for planned developments that asks for that additional parking, and what our comment was that they either provide that or submit some information justifying why that was not required; why they didn't need it. Bentley: She's stating there's extra parking spaces; is that true? Is there enough there to handle or do we require this to be in a separate area? Stiles: It meets ordinance requirements for parking. Bird: But it don't for storage. Bentley: But it doesn't for storage. Stiles: The way the Ordinance reads, it does ask for additional storage areas, but in an apartment complex, we don't think that you would see a lot of that. Bentley: Okay. Thank you. Corrie: Bryce. Rountree: Mr. Mayor. Corrie: Yes. Rountree: Just on that topic and question of Shari, would a maintenance restriction or management restriction on the site would preclude residents from having those kinds of things on the site be sufficient to get around that? Stiles: Yes, I believe it would. Bentley: Because it's going to come up. Peterson: Mayor and members of the Council, my name is Bryce Peterson. I'm representing the (inaudible) Stamas Corporation who will be the owners of this property. Our - the management company would not permit the use of the parking facilities for that, anything that might be of a nature that would be a trailer or a boat or like that. We would like to have you (inaudible) with Councilman's Rountree suggestion that we provide in the approval of this project that we don't allow it. It certainly would please us if that were in there. Bird: Put it on our backs. Peterson: Any questions? Corrie: Thank you. Meridian City Council Me. November 16, 1999 Page 33 8 Peterson: Thank you. Corrie: Thank you. Anyone else like to issue testimony on Item No. 16? Okay. Council, any questions? (inaudible) Corrie: You'd better come up here and give us a few words in. Fox: Alan Fox, 1840 Cadillac Drive. Shari, could you go back to the previous one where you had the yellow spot up there showing it? Thank you. They show Locust Grove as going straight across which it doesn't right now. There's no projection when that's going to happen. I talked to Larry Sale two weeks ago, he told me you guys are - Meridian City Council of Meridian is going in for a federal grant. If they get that, the overpass over the freeway will be two to four years down the road. I said, "What happens if they don't get the grant?" He said, "I can't give you a timeframe." There's also an original time, first time in here, I didn't make the meeting. I was told that the signatures that were turned into you, they were told that the signatures (inaudible) didn't live right next door, so you didn't care about the signatures. They came from other subdivisions. 200 of those I collected, and they came from the blanks - the bottom up was R-T, Shari, on down. No. Lower. Right down - right there. Okay. That subdivision you're going to hear about tonight. They (inaudible) 180 homes in there. We border that. My subdivision. Locust View Heights. I took 200 signatures out of that area and was on (inaudible) go by the intersection down there every day at least twice a day. Traffic right now is crowded. This, basically, is the same type of apartment complex setup that you turned down on Overland and Locust Grove a couple of months ago. Originally, (inaudible) plan for the road and Five Mile Creek's going in there. He claims he's got 6.15. By the time we get done giving up land for roads and everything, he's going to be down close to four acres. He's going to be under five acres, I'll bet, to build on. His original plan when he came in, he had 12 apartments in there, and it was only going to be one to two of them going to be two stories. The second time he came back, there were three to four. Now he's down to nine buildings, and all of them are going to be three-story he wants. That's building right there (inaudible) too high density. He doesn't have the room that he started out with that he thought he had to build in there. As Locust View Association strongly oppose this going in on the corner there due to the high density and the problems we have with traffic. I thank you. Corrie: Okay. Any questions of Council? Bird: I have none. Corrie: Thank you, Mr. Fox. Anyone else from the public? Meridian City Council Me! November 16, 1999 Page 34 8 Roberson: My name is Ernie Roberson, and I live right next to this development. On Item 1.26 where it says that south boundary be incorporated with a berm at least three feet, we don't think that's (inaudible) going to put a berm of three feet, then we should have the brick wall or a masonry wall on top of the berm because for sound, we go right next to this (inaudible) development. Also I believe your ordinance says that it is 20 feet from my fence to his fence. I think right now you're saying that it's 15. So we are saying that it should be, your City Ordinance says it should be 20 feet. Also, if they are now the owners of that property, there's a dead animal in the creek. We have talked to everybody in the ACHD and so forth, and they said it's the property owners' responsibility to remove the dead animal. I'd love to see that done. Thank you. Corrie: Anyone else like to issue testimony? Okay. Ms. Butler, do you want to- any comments on the testimony? Butler: Thank you, Mr. Mayor. We appreciate all the neighbors' comments that they've provided us and the Council at the last hearing. Just briefly, again, these are not three stories, but two stories. The density, I appreciate that people would not like to see perhaps any homes in the vicinity, but this - the allowed density is 40 units per acre, and this stands at 14.9, so much decreased density from what is allowed. We also appreciate that everybody has concerns about the traffic. As Larry Sale said at the last hearing, he has bad news and bad news. Traffic in the area is an issue, but it's an issue that ACHD is dealing with. It's not reached the issue where they feel they need to improve the intersection at this point, that they're very much aware of it by virtue of the fact that Mr. Sale has been at so many meetings about this particular area. They're obviously trying to convey to Meridian that they're aware of it. So with that, again, we think that - we appreciate the comments raised, but we think that we've dealt with those issues and are asking the Council to approve this tonight. Corrie: Can you get the animal out of there? Butler: Sure. Yes. Corrie: Thank you. Butler: And thank you for - that we've been made aware of that. Corrie: Okay. Council, any questions on the public hearing? Bird: I have none. Corrie: Okay. I'll entertain a motion to close the continued public hearing at this time. Bird: Mr. Mayor. Meridian City Council Me. November 16, 1999 Page 35 8 Corrie: Mr. Bird. Bird: I move that we close the public hearing of Stamas Corporation / Ionic Enterprises, Cobblestone Village. Bentley: Second. Corrie: Motion made and seconded to close the public hearing on Item No. 16. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: Council, discussion? Okay. Hearing no discussion on Item 16, I'll request a motion on the conditional use permit. Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: Just a procedural question. I've missed a step on this. We do need Findings, correct? Okay. Mr. Mayor, I will move that we have the city attorney prepare Findings of Facts and Conclusions of Law on this request for conditional use permit and that the Findings of Facts and Conclusion reflect recommendations of the Planning and Zoning Commission with the following changes: Item 1.27 reflect that the adjacent building heights to surrounding properties be no more than two stories; Item 1.31 reflect that the maintenance equipment will be stored on-site in the existing garage; Item 1.32 reflect that parking will meet a City of Meridian's Ordinance and that further no on-site parking for recreational vehicles, commercial vehicles be allowed; on Page 8, Item 1.43 - do you have that? Would you read that to me? Corrie: Which one? Rountree: 1.43. Corrie: 1.43. The two buildings identified as D-type buildings shall be restricted to two-story buildings. Rountree: Okay. Again, that the building height be restricted to two stories; and Item 1.45 that the intent there is that the applicant will meet all of ACHD requirements. Bird: Are you done? Second. Rountree: I'm done. Meridian City Council Me. November 16, 1999 Page 36 . Bird: I second it. Corrie: Motion is made and seconded to approve the request for conditional use permit and have the attorney draw up the Findings of Facts and Conclusions of Law incorporating the Planning and Zoning comments and other changes made by Councilman Rountree. Any further discussion? Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: Just like to go on record that I do appreciate the developer working with some of the concerns of the citizens, and I think you've tried to address some of those. From my perspective, I oppose this project from its start, and primarily for the concerns a lot of the citizens are stating. Franklin Road not being widened yet, no stoplight, Locust Grove not being improved or widened, the possibility of an overpass, things like that. So, I again, at this point, I think it's a good project and I think at some point it would fit in there very nicely, I guess, I'm still going to vote against this simply because I think we ought to put the . infrastructure and build the roads first, and then buildings up; however, the funding is not there to do that, and so I think I'm kind of on the losing end of this battle, but I just wanted to go on record as stating that. Corrie: Any further comments? Bird: I have none. Corrie: Okay. Roll-call vote; Mr. Anderson. Anderson: No. Corrie: Mr. Bentley. Bentley: Aye. Corrie: Mr. Bird. Bird: Aye. Corrie: Mr. Rountree. Rountree: Aye. MOTION CARRIED: THREE AYES TO ONE NAY Meridian City Council Me. November 16, 1999 Page 37 8 ITEM 17. CONTINUE PUBLIC HEARING: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT FROM SINGLE-FAMILY RESIDENTIAL TO MIXED/PLANNED USE DEVELOPMENT (TOUCHMARK LIVING CENTERS, INC.) BY JOSEPH A. BILLlGIWA TERFORD DEVELOPMENT AND CONSTRUCTION COMPANY - EAST OF ST. LUKE'S BETWEEN 1-84 AND FRANKLIN ROAD: Corrie: Item No. 17. This is a continued public hearing. This is a request for Comprehensive Plan Amendment from single-family residential to mixed/planned use development, Touchmark Living Centers, Inc., by Joseph A. Billig / Waterford Development and Construction Company, east of St. Luke's between 1-84 and Franklin Road. At this time, I'll open the public hearing and hear from Staff first. Stiles: Mr. Mayor and Council, this is for a request for Comprehensive Plan Amendment change. Some of this property from single-family residential designation to mixed/planned development. A portion of this, approximately to here is already designated as mixed/planned development. The applicant has submitted applications for annexation and zoning and conditional use permit on this property which will go to - I can't remember when it's going to - anyway, it's on its way to you. There's two applications. Staff's recommendation was that they did include this piece of property within that mixed/planned use area so that there wouldn't be a mixed/planned use development designation surrounding it, and then this would still be single-family residential. They did agree with that. Do you all have preliminary Findings? Corrie: Yes. Stiles: I just did have one comment on those. I don't know if - I guess I'll wait until the public hearing is over. Corrie: Okay. This is a public hearing and invite the developer's representatives first. Bowcutt: Becky Bowcutt, Briggs Engineering, 1800 West Overland. I think I kind of gave you a presentation on this two weeks ago, so I'll keep this quite brief. We're asking for the mixed/planned use development on this property. As 1 mentioned before, a portion of the Bews' property is already designated mixed/planned use development. We're just asking for that designation to be continued to the east up to the Meridian Impact Boundary there; Edgeview Estates and the Ridenbaugh Canal. We have done a traffic study on this project. It was submitted to ACHD. We received comments from their staff in writing that promotes this Comprehensive Plan use change according to their analysis, the number of trips per day would be less than if this property were to develop as, say, an R-4, single-family development. As Shari indicated, the conditional uselrezone/annexation applications are working their way through the process. Meridian City Council Me!g November 16, 1999 Page 38 . They'll be heard by the Planning and Zoning Commission in December. At that point in time, we'll start getting into the specifics. At this time, we're just asking for the Comprehensive Plan change to proceed forward so that we may continue on. We did hold a neighborhood meeting a week or so ago. We had a good turnout. We talked to the Montvue neighbors, talked to the Edgeview residents, and we're trying to work through some of the issues that we know will be brought up when this comes through as a CU and annexation rezone. Thank you. Corrie: Thank you. Anyone else from the public like to issue testimony on Item No. 17? Okay. Shari, comments? Stiles: I just had one item on the Findings. On Page 3, Paragraph 7 should indicate that the property is south of Franklin Road and north of 1-84. Corrie: Any other comments? Close the public hearing? Okay. I'll entertain a motion to close the public hearing. Bentley: So moved. Rountree: 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: Mr. Gigray, is there any (inaudible) difference between the Findings of Facts on the Decision of Order for the request for Comprehensive Plan Amendment from the original? Gigray: Mr. Mayor, members of the Council, as I remember, the public hearing which you continued was virtually completed at the last meeting, and I think you continued this just in case someone else might appear. I don't believe that there was any new evidence produced and the correction as indicated by the Planning and Zoning Administrator is a good note of a misdesignation of north and south and is appropriate. I think we prepared a Resolution on this as well. Rountree: Yes. Corrie: That would be Resolution No. 268 if you'd like to incorporate it in your motion, whoever does. Bird: 269. Corrie: Oh my goodness. Meridian City Council Melg November 16, 1999 Page 39 8 Berg: (inaudible) Development Agreement that (inaudible). Corrie: Not on this. Berg: No, for Cobblestone. Corrie: Okay. Then it'd be Resolution No. 269. Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: I move that we approve the Findings of Facts and Conclusions of Law, Decision of Order and Resolution No. 269 for this Item. Corrie: Do you want to add the correction on Item No.7, Page 3? Rountree: And include the correction on Page 3, getting the direction, the proper order. Bentley: Second. Corrie: Okay. Motion made and seconded to approve Item No. 18, 17. Excuse me. Request for Comprehensive Plan Amendment with the change in the Item No.7, directions, and also the Resolution No. 269. Any further discussion? Hearing none, roll-call vote; Mr. Anderson. Anderson: Aye. Corrie: Mr. Bentley. Bentley: Aye. Corrie: Mr. Bird. Bird: Aye. Corrie: Mr. Rountree. Rountree: Aye. MOTION CARRIED: ALL AYES Corrie: Okay. Before we get into the regular public hearings here, No. 18, 19, 20, 21, 22, 23, 24, 25, 26, we'll take a break. Is there anyone here to testify on Meridian City Council Melg November 16, 1999 Page 40 8 Item 18? Raise your hand. One? Okay. That's all right. No. 19? Okay. 20? Just trying to look at time here to see if - 21? 22? 23? Okay. 25? Bentley: 24. Corrie: And 26? So we have - is that 19 or 20 that you were, back in the back? 18? Okay. 18. Okay. Let's - I'll entertain a motion for about a five-minute break. Bird: So moved. Bentley: Second. Corrie: Motion made and seconded for a five-minute break. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES ITEM 18. PUBLIC HEARING: REQUEST FOR VACATION OF PUBLIC UTILITIES AND DRAINAGE EASEMENTS ON LOTS 5, 6, 12, 13 BLOCK 7, WHITESTONE ESTATES NO.3 SUBDIVISION BY WHITESTONE DEVELOPMENTS, LLC - NORTH OF WEST FRANKLIN ROAD AND WEST OF SOUTH LINDER ROAD: (Where upon meeting was in recess at 9:12 p.m.) Corrie: Okay. 9:20 reconvene the City Council, Item No. 18. Is a public hearing, a request for a vacation of public utilities and drainage easements on lot 5, 6, 12, 13, block 7, Whitestone Estates No.3 Subdivision by Whitestone Development. So I'll open the public hearing on Item 18. Staff, comments first. Yeah. That's you, Shari or Gary. Stiles: Mr. Mayor and Council, this is for a vacation of easements. The Whitestone Subdivision was originally proposed with stub streets going to the south. The Meridian School District has since taken that property to the south where an elementary school and when they replatted it, the county engineer required them to leave the existing easements on the plat for these four lots and that's what they're asking for is vacation of those previously approved easements. Corrie: Gary. Smith: Mr. Mayor, Council members, typically we receive from each of the affected utilities a signed statement, notarized signature, indicating that they relinquish their rights to these easements. Mr. Gigray has some information for Meridian City Council Me. November 16. 1999 Page 41 8 you this evening on the State statute requirements for vacation of these easements. Since this is part of a previously recorded final plat, Bill has explained to me that these statutes would apply as they are written, and somewhat simplifies the process for vacating of these easements. Corrie: Mr. Gigray. Gigray: Mr. Mayor, members of the Council, since this is part of - these easements are part of the plat, it appears that the procedure that you would follow is in the subdivision statutes of the State which is under 50-1306A, Subsection 5 which requires on vacation that upon receipt of agreement in writing of the persons who hold of the easement rights that you're in a position where you could proceed to grant the application for vacation, and I believe that's what the Public Works Director said is on file and part of the record. Makes a difference, this is always very kind of dicey because if it isn't in a plat, then we have to follow a completely different procedure that's more cumbersome. Corrie: Okay. Thank you. Is there anybody from the public that would like to issue testimony on the Item No. 18, request for a vacation of public utilities and drainage? Ackley: (inaudible) *** End of Side 2 *** Ackley: -- or what it involved. Corrie: Okay. Your name, please. Ackley: Fred Ackley. Corrie: Okay. A-C-K-L-E-Y? Ackley: Yep. Corrie: Okay. Ackley: So is this for the utilities that are - Corrie: Right. This is for the public utilities and drainage easements on one, two, three, four lots in Block 7. Ackley: Right. But it's for putting in the elementary school that they're going to vacate that section of it, or - Smith: Mr. Mayor. Meridian City Council Me! November 16.1999 Page 42 8 Corrie: Mr. Smith. Smith: Mr. Mayor, Council members, originally when the Whitestone plat was platted, recorded, the developer showed two streets extending to the south into the area that's now occupied or will be occupied by the school. These two stub streets are the item of the vacation request. Because when the property was sold to the school district by the developer, then these stub streets were no longer needed because they're accessing the property oft of the street to the south, Waltman, correct? So these two stubs were not needed. The lots along the north boundary of this school district property then were replatted, and the replat was required by the county engineer to show these previously recorded rights-of-ways as an easement. So this process that's being requested now is to vacate those easements, and so the recorded plat of the amendment to this section of the previously recorded plat will, this process will eliminate those easements. Ackley: Okay. Corrie: Thank you. Anyone else like to issue testimony at this point? Okay. If there's no other testimony, I'll entertain a motion to close the public hearing on Item No. 18. Rountree: So moved. Bird: Second. Corrie: Motion made and seconded to close the public hearing on Item No. 18. All those in favor say aye. MOTION CARRIED: ALL AYES Corrie: Okay. I'll entertain a motion for Findings of Facts and Conclusions of Law to be drawn up. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I would make a motion that we instruct the city attorney to prepare Findings of Facts and Conclusions of Law and a Decision of Order reflecting favorably on this vacation. Bird: Second. Meridian City Council Mel November 16, 1999 Page 43 8 Corrie: Motion's made and seconded to have the attorney draw up the Findings of Facts and Conclusions of Law with approval of the request for vacation. Any further discussion? Hearing none, roll-call vote; Mr. Anderson. Anderson: Aye. Corrie: Mr. Bentley. Bentley: Aye. Corrie: Mr. Bird. Bird: Aye. Corrie: Mr. Rountree. Rountree: Aye. MOTION CARRIED: ALL AYES ITEM 19. PUBLIC HEARING: REQUEST FOR VACATION OF TWO 10- FOOT WIDE PUBLIC UTILITY EASEMENTS BY W.H. MOORE COMPANY LOTS 5 AND 6 OF BLOCK 1, MERIDIAN BUSINESS PARK: Corrie: Item No. 19 is a public hearing: Request for vacation of two 1 O-foot wide public utility easements by W.H. Moore Company, Lots 5 and 6 of Block 1, Meridian Business Park. I'll open the public hearing. Staff, comments? Stiles: Mr. Mayor and Council, this is for vacation of those easements. They would be located south of - west of East 5th and south of Bower Street on - actually, it would involve four lots instead of just the two that are shown there. Corrie: Shari, we can't see what you're - Stiles: I believe those easements - there's a five-foot public utility easement on the south side of these two lots, and then another five-foot easement here, and then another five-foot easement on each side of this property line. And they're requesting vacation of those easements so that they can construct a single building using these three lots. Corrie: Gary, same situation? Smith: Yes, Mr. Mayor and Council members. It's a similar situation. I do have the relinquishment of easements from the affected utility companies in possession. Meridian City Council Me~ November 16,1999 Page 44 8 Corrie: Okay. Public hearing on the request of vacation. Person here? Seal: Good evening. My name is Jonathan Seal. I'm with W.H. Moore Company, 600 North Steelhead. I'm not sure that I can really add anymore to it. In essence, we just have two ten-foot public utilities through there. We're ultimately buildings will be situated. We're asking that they be vacated. All the utilities are in the street. As Gary said, we've gotten relinquishment from all the utilities on these. Other than that, I'd be glad to answer any questions. It's pretty straight-forward. Bird: I have none. Corrie: Thank you. Okay. Anyone else from the public like to issue testimony at this point? Okay. Hearing none, I'll entertain a motion to close the public hearing. Anderson: So moved. Bentley: Second. Corrie: Motion made and seconded to close the public hearing on Item No. 18. Excuse me. Item No. 19. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES Bentley: Mr. Mayor. Corrie: Mr. Bentley. Bentley: I move we instruct the city attorney to prepare Findings of Facts and Conclusions of Law with a favorable recommendation for the vacation of two 10- foot wide public utility easements by W.H. Moore on Lots 5 and 6, Block 1 of Meridian Business Park. Bird: Second. Corrie: Motion's been made and seconded to request the attorney to draw up Findings of Facts and Conclusions of Law with favorable request on Item No. 19. Any further discussion? Hearing none; Mr. Anderson. Anderson: Aye. Corrie: Mr. Bentley. Bentley: Aye. Meridian City Council Me. November 16, 1999 Page 45 8 Corrie: Mr. Bird. Bird: Aye. Corrie: Mr. Rountree. Rountree: Aye. MOTION CARRIED: ALL AYES ITEM 20. PUBLIC HEARING: REQUEST FOR ANENXA TION AND ZONING FOR OVERLAND MINI-STORAGE OF 7.25 ACRES FROM SINGLE-FAMILY RESIDENTIAL WITH ACREAGE TO COMMERCIAL LOTS AND MINI-STORAGE FACILITY BY OVERLAND MINI-STORAGE, LLC -1230 OVERLAND ROAD: Corrie: Item No. 20 is a public hearing: Request for annexation and zoning for Overland Mini-Storage of 7.25 acres from single-family residential from acreage to commercial lots and mini-storage facility by Overland Mini-Storage, LLC, 1230 Overland Road. At this time, I'll open the public hearing on Item 20 and invite Staff to go first. Stiles: Mr. Mayor and Council, this is for the property on Overland Road immediately north of the Sportsman Pointe Subdivision. Nine Mile Creek comes down on the boundary here. This is where the Treasure Valley Baptist Church is. This area here has recently been annexed and is proposed as a roofing contractor's office and storage area. They have also submitted in the next two applications preliminary plat and a request for conditional use permit. The only use they have shown now is for storage units. We have asked for a Development Agreement to be entered into and would recommend approval with Staff and agency comments. Corrie: Okay. Thank you. Staff comments? Okay. Public hearing, (inaudible) from the applicant here tonight? Unger: Good evening, Mr. Mayor, Council members. My name is Bob Unger, I'm with Pinnacle Engineers. Our address is 870 North Linder Road, Suite B, Meridian, Idaho 83642. We represent the Overland Storage, LLC in this project. Shari, do you have the plat itself on here? There you go. Thank you. What we are proposing is a four-lot, or actually, four-lot subdivision. We have one, two, three, four lots in here. There's currently an existing house on this lot right here. We're asking that that house be allowed to continue to be there until such time as some sort of development could occur on it or a conditional use to modify the use of the structure. These two lots would be used for commercial, some sort of commercial development in the future which would require conditional uses on Meridian City Council Melg November 16, 1999 Page 46 8 each of those lots. For development, this lot here, we are requesting approval for mini-storage facilities. They would be individual storage, and also they would be some other - recreational vehicle storage which would be covered. We have provided a landscape plan which provides landscaping around the perimeter as required by Staff and by Code. The zoning that we are requesting is a C-G which is compatible with the development which is currently occurring in the' area. That zoning is compatible with policies and the goal of the City Comprehensive Plan. Sewer and water are available to the site. In fact, there is a sewer easement that runs along the edge of the property here which we are aware of and during Staff's review of the project, particularly Public Works Department, we were informed that we couldn't have any kind of drainage or anything over that easement, so we have no problems with that. We'll modify our drainage to comply with Staff's requirements. We have reviewed the Findings of Facts and Conclusions of Law and the conditions of approval from Staff and the recommendations from the Planning and Zoning Commission. We really have no problems with those conditions or the Findings of Facts and Conclusions of Law which have been forwarded to the Council. I believe at this point, we'll just stand for any questions that you might have. Corrie: Questions from Council? Bird: I have none. Rountree: I have none. Corrie: Okay. Thank you. I'm sorry. Mr. Bentley. Bentley: Do you want your testimony from this hearing included in the others? Unger: Yes. You could include my testimony on Items 21 and 22. Bentley: Thank you. Unger: Thank you. Corrie: Anyone else that would like to issue testimony on Item 20? Okay. Hearing none, I'll entertain a motion to close the public hearing on Item 20. Bentley: So moved. Anderson: Second. Corrie: Motion made and seconded to close Item No. 20 public hearing. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES Meridian City Council Mel November 16,1999 Page 47 8 Corrie: Discussion? Recommendation? Bentley: I have no discussion. Corrie: Okay. I'll entertain a motion on the annexation and zoning. The proper Development Agreement. Shari? Stiles: Mr. Mayor, I don't have Findings in my - Corrie: We didn't. They're just recommendations. Just a little - (inaudible). Bentley: Mr. Mayor. Corrie: Mr. Bentley. Bentley: I move we instruct the city attorney to prepare Findings of Facts and Conclusions of Law for the request for annexation and zoning of the mini-storage of 7.25 acres from single-family residential with acreage to commercial lots and mini-storage facility by Overland Mini-Storage and adopt the recommendations of Staff and P & Z. Bird: I second that. Corrie: Motion's made and seconded to approve the public request for annexation and zoning, Item No. 20, for the attorney to draw up the Findings of Facts and Conclusions of Law. Any further discussion? Bentley: Mr. Mayor, that needs to include a Development Agreement. Corrie: Okay. All right. Include the Development Agreement, okay with the second? Bird: Yeah. Corrie: Any other discussion? Hearing none, roll-call vote; Mr. Anderson. Anderson: Aye. Corrie: Mr. Bentley. Bentley: Aye. Corrie: Mr. Bird. Bird: Aye. Meridian City Council Me"lg November 16, 1999 Page 48 8 Corrie: Mr. Rountree. Rountree: Aye. MOTION CARRIED: ALL AYES ITEM 21. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR OVERLAND MINI-STORAGE SUBDIVISION BY OVERLAND MINI-STORAGE, LLC - 1230 E. OVERLAND ROAD: Corrie: Item 21 is a public hearing: Request for preliminary plat for Overland Mini-Storage Subdivision by Overland Mini-Storage, LLC. At this time, I'll open the public hearing and invite Staff comments. Stiles: Mr. Mayor and Council, I'd ask that you incorporate testimony from the previous hearing and that all Staff and agency conditions be met. Corrie: Okay. Public hearing. We have Mr. Unger's on record for 21. Any other like to issue testimony on Item 21, public hearing? Okay. Hearing none, I'll entertain a motion to close the public hearing on Item 21. Bird: So moved. Anderson: Second. Corrie: Motion made and seconded to close the public hearing on Item 21. All those in favor say aye. MOTION CARRIED: ALL AYES Corrie: I'll entertain a motion on the preliminary plat. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we approve the preliminary plat for the Overland Mini-Storage Subdivision by Overland Mini-Storage, LLC at 1230 E. Overland Road and for the attorney to draw the Findings of Facts and Conclusions of Law and Decision of Order with accordance with recommendations of the City and Planning. Corrie: We just need to order (inaudible). Bird: Yeah. Just an order. Meridian City Council Me. November 16. 1999 Page 49 8 Bentley: Second. Corrie: Motion made and second to - preliminary plat for the attorney to draw up the proper order of approval. Bird: Findings too. Corrie: And do Findings? Bird: Yeah, because it's a public hearing. Gigray: We don't on finals. (inaudible) Corrie: Oh. This is preliminary, right. And to do the Findings of Facts and Conclusions of Law. Bird: And Decision of Order. Corrie: Further discussion? Hearing none, all those in favor - roll-call vote; Mr. Anderson. Anderson: Aye. Corrie: Mr. Bentley. Bentley: Aye. Corrie: Mr. Bird. Bird: Aye. Corrie: Mr. Rountree. Rountree: Aye. MOTION CARRIED: ALL AYES ITEM 22. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT COMMERCIAL SUBDIVISION MINI-STORAGE ON LOT 2 OF PROPOSED OVERLAND MINI-STORAGE SUBDIVISION BY OVERLAND MINI-STORAGE, LLC - 1230 OVERLAND ROAD: Corrie: Item No. 22 is the public hearing: Request for conditional use permit for commercial subdivision mini-storage on Lot 2 of the proposed Overland Mini- Storage Subdivision by Overland Mini-Storage, LLC. I'll open the public hearing, and Staff, comments? Meridian City Council Mea November 16, 1999 Page 50 8 Stiles: Mr. Mayor and Council, I would ask that you incorporate testimony from the previous two hearings and that all Staff and agency conditions be met. Corrie: Okay. Mr. Unger, the same thing on Item 22 will be incorporated into the public hearing. Okay. Anyone else to issue testimony on public hearing, Item No. 22? Okay. Hearing none, I'll entertain a motion to close the public hearing. Bird: So moved. Bentley: So moved. Corrie: Motion made and seconded to close the public hearing on Item 22. All those in favor say aye. MOTION CARRIED: ALL AYES Bentley: Mr. Mayor. Corrie: Mr. Bentley. Bentley: I move we instruct the city attorney to prepare Findings of Facts and Conclusions of Law for the conditional use permit, commercial subdivision, the mini-storage on Lot 2 of proposed Overland Mini-Storage Subdivision by Overland Mini-Storage, Inc., and to adopt the recommendations of the Planning and Zoning with favorable recommendation. Bird: Second. Corrie: Okay. Motion's made to approve the request for conditional use permit, have the attorney draw up the Findings of Facts and Conclusions of Law with a recommendation to Planning and Zoning with favorable approval. Any further discussion? Roll-call vote; Mr. Anderson. Anderson: Aye. Corrie: Mr. Bentley. Bentley: Aye. Corrie: Mr. Bird. Bird: Aye. Corrie: Mr. Rountree. Meridian City Council Me! November 16, 1999 Page 51 8 Rountree: Aye. MOTION CARRIED: ALL AYES ITEM 23. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF PARCCEL "A" FROM RT TO SINGLE-FAMILY RESIDENTIAL AND PARCLE "B" FROM SINGLE-FAMILY RESIDENTIAL TO LIMITED OFFICE BY WOODBRIDGE COMMUNITY, LLC - SOUTH OF EAST FRANKLIN ROAD AND EAST OF SOUTH LOCUST GROVE ROAD: Corrie: Item 23 is a public hearing: Request for annexation and zoning of Parcel "A" from R- T to single-family residential and Parcel "B" from single-family residential to limited office by Woodbridge Community, LLC, south of East Franklin Road, east of South Locust Grove. At this time, I'll open the public hearing and invite Staff comments first. Stiles: Mr. Mayor and Council, this is for the 80 acres previously known as the Griffin Property located a quarter mile south of Franklin on Locust Grove. They have submitted a conditional use permit. It was a little bit delayed at the Planning and Zoning level. You will be hearing that next month. They're requesting for this property an L-O zone. This would be the Medimont Subdivision, Stonebridge Subdivision. They have requested annexation of this piece so that they would be contiguous to the city. This was their only way of being contiguous at this time. The property, these two 20s here are designated as in the Meridian Comprehensive Plan currently as single-family residential. We will be recommending a change to that designation in the future, but Staff recommends approval of the annexation and zoning with this piece to an L-Q that all uses be developed under the conditional use permit process through a Development Agreement and also that the Development Agreement be entered into for the property here. There are some issues. We are still working out with the applicant. We will be meeting with them Thursday. They are relatively minor. They are proposing a planned development with various lot sizes and house sizes, and I guess that's alii have. Corrie: Okay. Thank you, Shari. This is a public hearing on Item No. 23 for annexation and zoning. Developer. Pete O'Niell: Mr. Mayor and Council members, my name is Pete O'Niell, I'm President of O'Nieli Enterprises who is the managing member of Woodbridge Communities, LLC. Introduce my colleagues; my son Derrick who is the President of our building company and Vice President of Development; and Scott Beecham, Development Assistant; and Gary Alan with Givens Pursley Lawfirm who represents us in our activities. We're here tonight to hear the recommendation of the Planning and Zoning Commission for annexation and zoning of the two parcels that Shari just presented. We have some, and as I Meridian City Council Met November 16, 1999 Page 52 8 understand it, you have a copy of the recommendations in front of you. We have a few minor wording issues we'd like to discuss on that, but I think before we get into that, if - I'd like to take a few minutes to kind of give you a quick overview of what it is we have in mind for the property as that probably is of more interest to you than the technical zone. You'll hear in depth on the 7th what it is we plan, but if Scott would put up the site plan, what I want to do is introduce this project by, I guess you might say we're in a rut. We've been at this for 20 years. We've done several communities in Boise including River Run, Spring Meadow, the Springs, Meadow Creek and Surprise Valley, Lane Ranch in Sun Valley and Spring Mountain Ranch in McCall, and while each one is really quite different, and Woodbridge will be different from any of those, they all share a lot of common elements. What I'd like to do is just give you a quick overview of that so that when the full package comes, you'll have some sense of what it is we're talking about. All of these, just to orient you, this is the SO-acre parcel to the east of Locust Grove Road. All of the communities we've done, including the proposal for Woodbridge here, there are a number of things in common. One is they'll include a variety of housing types, sizes and price ranges that appeal to different lifestyles and different budget tastes. Secondly, they're made up of distinctly human scale, neighborhoods that contain anywhere from 20 to 50 houses each, typically. They all share, again, all of the projects including this share a hierarchy of roads. They typically include some kind of spine road or collector that has no driveway accesses as bordered by a combination walking and bicycling path, heavily landscaped, and its only purpose is to serve the neighborhood streets which have in common, the only purpose they serve is to serve the people who live in the neighborhood. They're not thru-streets. They're small and serve only the neighborhood. Typically we provide open spaces between the neighborhoods that include pathways and landscaping. The pathway, if we include the manmade amenities such as recreation center, which again we're proposing here, some open spaces, walking paths which link all of the neighborhoods and the open spaces to each other and to the recreation facility. Where we have a chance, we try to enhance, in some cases create natural amenities such as streams, creeks, ponds, wetlands as habitat for wildlife. In this case, we do have the unique opportunity with Five Mile Creek bisecting the property to take that irrigation ditch and try to enhance the area around it. There's some wetlands that we similarly will preserve and actually enhance in the process. The other commonality that we're including here would include pretty extensive landscaping, the so-called Linear Park that comes along Woodbridge Drive and the open space in between, and while this picture doesn't show it, there's pretty extensive landscaping along Locust Grove and a substantial entryway. They all came - we pay attention to the architecture and architectural control committee, and we typically have a selected builder team and a very focused marketing effort, so this is a little - this is kind of our secret formula. It's worked. We'd like to do it again and bring it to Meridian. Another common element in all of these is we've gone through the PUD process, and our experience has been in other communities, and I suspect it's not going to be a whole lot different here, is that's a little more complex process. It creates some Meridian City Council Me! November 16, 1999 Page 53 . confusion on parts of a lot of folks, but we think if you read the ordinances that support the PUD idea and specifically in Meridian, in order to encourage more innovative design, more open space, more community amenities, and a greater variety of housings, it is recognized that the PUD process has the authority to override some of the standards regarding lot size and setbacks required in the subdivision ordinance. That's kind of what we're all about. It is a trade-off thing. We typically - the lots are a little smaller, the setbacks are a little less, but there's a lot more open space and a lot more amenities (inaudible). We think the trade- offs are worth it. We've got 100 residents in our communities that seem to agree with that. What did I say? 2,000. So we think when the PUD concept is well- planned and well-executed, it indeed does create some exceptional and lasting value, not only for the people who live there, but the community at large. We're happy to be here in Meridian. We're proud of what we've got to talk about at Woodbridge, and we think we can do all of this in a way that it'll make the community as well as ourselves proud of the effort. With that, that's a quick overview. That's not what we're here really to discuss. I've got a handout we'll provide to you as soon as we're done here that has - that you can take with you and read at your leisure. Now, to get to the specific recommendation - they don't have a copy? Did you provide that? That came forward from Planning and Zoning, I think there's just some items of clarification that we'd like to propose. If you'd turn just indifference to the hour and your busy agenda, we could get right to - I think it's Page 3 of the recommendations which would be Point No.1 0, and you can see what it is we've underlined, what we've added and what we've lined out we're proposing to delete. We're planned to develop Parcel "A" in the following manner, construction, development of a 283 single-family residential planned development, period. The applicant currently has no plans to develop Parcel "B." Essentially, what we're changing is we don't do subdivisions. We do planned developments, and secondly, it suggests that Parcel "B" for some reason is a single-family residence that that's what we're proposing. That's what it is now. We're proposing on the L-O that it'll be something that's consistent with that zone, and when we decide what to do, we'll present you with a CU to deal with it. The other change is another change is Point 11, and I think there just was some confused wording, so designates Parcel "A" as low-density residential and Parcel "B" as mixed/planned use development. It's talking about your Comprehensive Plan. There's a reference to subject property which was confusing. Then, finally, there's only three comments. I guess there's two more. On the last page, Page 5 of the recommendations, one - this deals with the Parcel "B" 1.2, we're suggesting that be struck altogether on the basis of we don't know what's going to be adjacent to Parcel "B" and to fix a 20-foot landscape buffer because there's a single-family house next door to it. At this time, seems to be inconsistent with the whole CU process. Our guess is in a few years from now, that neighborhood is going to change, and it'll have different uses, and we'll deal with the conditions of approval at that time. If there's a single-family residence next door and a buffer's appropriate, fine. We can add it at that time. But to saddle that property with an additional buffer doesn't seem to make sense particularly in 1.1 says it will go through the conditional use process at the time Meridian City Council Melg November 16,1999 Page 54 8 which gives ample protection to protect this surrounding properties at that time. Then the only final comment we'd have is in the old 1.4 which would become 1.3 on Page 5, says the Development Agreement for the development of Parcel "A", the Development Agreement for Parcel "A" would be required as a condition of annexation of both parcels. It just said a Development Agreement, and I don't know how we could have a Development Agreement on Parcel "B" when we don't know what it is we're going to do there, so the Development Agreement that you'll see on the ¡ih, hopefully, would be a condition precedent or a - not a condition precedent, but a condition for the annexation of the parcel, so if you were to approve this tonight, it would be conditioned on approving a Development Agreement at a later date, hopefully the ¡ih of December. If I haven't totally confused you, those are the suggestions we would have to the recommendation for approval for the annexation and zoning. I'd be happy to answer any questions. I guess you'd have some public comment. Answer any questions. Corrie: Which is "A" and which is "B"? Pete O'Niell: I always get this confused. "A" is the big one, and "B" is the little one. Corrie: Okay. Gotcha. Any other comments? Council? Bird: I have none. Corrie: Okay. Thank you, Pete. Anyone else would like to issue testimony on Item No. 23 for annexation and zoning? All right. Hearing none, I'll entertain a motion to close the public hearing on Item No. 23. Rountree: So moved. Bird: Second. Corrie: Motion made and seconded to close the public hearing on Item No. 23. So we're just talking about "A", right? "A" and "B" or just "A"? Pete O'Niell: Just the annexation of - Corrie: Of "A". Pete O'Niell: -- "A" and "B" but (inaudible) Corrie: Just wanted to make sure I got (inaudible). (inaudible), Shari? Comment? Okay. Everything's Meridian City Council Mel November 16, 1999 Page 55 8 Stiles: Mr. Mayor and Council, I just had a comment on a couple of Mr. O'Niell's comments. On Page 3, Item 10, his suggested changes would be appropriate. On Item 11, the zone that is requested is limited office, so that should remain limited office. On Page 4, Item 1.2, Mr. O'Niell's correct; we can address that in the conditional use permit. That could be stricken. The Development Agreement will be required for both parcels. I mean, it could be separate Development Agreements, but the Development Agreement will have to be entered into prior to annexation of the property. That's alii had. Gigray: Mr. Mayor, point of information while the public hearing's still open. Corrie: It's not. It's not open. Gigray: Sorry. I was writing a note. Excuse me. Corrie: Okay. Do you need to re-open it? Gigray: Well, I just had a question. If you're going to entertain a Development Agreement with regards to conditions that we can impose, in Development Agreements are with our ability to zone which is at the time of annexation, so that would be the time that we do the Development Agreement. I don't know if there are many terms in that Development Agreement. If you would choose to accept the recommendations, I would probably prepare it in a manner for your consideration at the next Council meeting if I'm so directed which would provide provisions in the Development Agreement that the parties would agree that it might be amended by those certain conditions that would precipitate from the planned unit development hearings which would leave it a little bit flexible. Which isn't something we've characteristically done, but that's what I'm hearing if that's what you choose to do. Corrie: Do we want to put it another way? Gigray: Mr. Mayor, members of the Council, I'll try to make this even more convoluted. Corrie: I think I know what you said. Gigray: Basically, we provide in those Development Agreements for conditions regarding the use and then conditions regarding the development, and it seems that the use may be fairly well gone over here this evening, but some of the specific terms of the development seem to yet need further review. What I would do is put a provision in the Development Agreement regarding development conditions that would provide that the parties would agree that the agreement would be amended pending the other hearing and terms for the granting of the planned unit development. I think that's what I was hearing the applicant say Meridian City Council Melg November 16, 1999 Page 56 . here. It's just not a provision we've ever used before since I've been here, but I think it's something we could do if you order it. Corrie: (inaudible) Gigray: You might want to find out what Staffs view is about that. Corrie: Do you have any problems with that, Shari? Stiles: Are you talking about my clarifications to what they're proposing for L-O or based on their approval of a PUD for the 80 acres or both? Gigray: And/or both. As whatever the Council directs. It seemed the only one I'm aware of that the PUD would, at least at this point, would be the large parcel, and they're proposal was a conditional use permit process with the smaller parcel which I could provide for both depending on your direction. You may want to open this back up just to see what the developer's position is on this and Staff's. Corrie: We may have to. Bentley: Mr. Mayor. Corrie: Mr. Bentley. Bentley: I move that we re-open the public hearing for Woodbridge Community. Corrie: Okay. Do I have a motion. Do I hear a second? Okay. Motion dies for lack of second. MOTION DIES: LACK OF SECOND Corrie: I'll entertain a motion on the request for annexation and zoning. The attorney and I can't make a motion. Bird: Do you know what you want to say? Corrie: We can make it and see - Bird: We'll try. Mr. Mayor. Corrie: Mr. Bird. Bird: Here we go. We might be here a half hour, but we'll figure something out. I move that we have the attorney draw up Findings of Facts and Conclusions of Law and Decision of Order in favor of request for annexation and zoning of Parcel "A" from R- T to single-family residential and Parcel "B" from single-family Meridian City Council Mea November 16,1999 Page 57 . residential to limited office by Woodbridge Community, LLC, south of east Franklin Road and east of South Locust Grove Road with the recommendations of Planning and Zoning with the changes discussed in the public hearing. I don't think I'm done yet. Development Agreements be drawn on Parcel "A" and "B" with changes that could be made at conditional use time. Gigray: And PUD. Bird: And PUD. Bentley: You done? Bird: I think I am. Bentley: Second. Corrie: Is that the correct? "A" and "B" - we're not supposed to be doing this, but I want to make sure we got the right motion. The big one is "A" and the little one is "B". Gigray: I can follow that. (inaudible) Bird: That's what the development - that's what we made the motion on. The Development Agreements can be changed at different times on either parcel, but you're going to get a Development Agreement on both parcels now. One on "A" and one on "B". Corrie: Can be changed during the process. Gigray: Point of information for the Mayor and Council. I can follow that motion. Of course, as you've well demonstrated here this evening, you don't take final action until you approve those Findings and those agreements, so you'll have a good look at this before you finally decide it at the next meeting. Corrie: Motion made by Mr. Bird, seconded by Mr. Bentley to approve the request for annexation and zoning and according to the motion as stated. I'm going to cop out on - (inaudible). Okay. Any further discussion? Okay. Roll-call vote; Mr. Bird. Bird: Aye. Corrie: Mr. Bentley. Bentley: Aye. 8 Meridian City Council Me. November 16, 1999 Page 58 Corrie: Mr. Anderson. Anderson: Aye. Corrie: Mr. Rountree. Rountree: Aye. MOTION CARRIED: ALL AYES ITEM 24. ITEM 25. ITEM 26. ITEM 27. ITEM 28. ITEM 29. ITEM 30. ITEM 31. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 150.79 ACRES OF LAND FOR R-4 ZONING BY BEAR CREEK, LLC - EAST OF STODDARD ROAD & SOUTH OF OVERLAND: PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR PROPOSED BEAR CREEK SUBDIVISION OF 326 SINGLE- FAMILY DWELLING LOTS BY BEAR CREEK, LLC - EAST OF STODDARD ROAD & SOUTH OF OVERLAND: PUBLIC HEARING: FOR THE PURPOSE OF REVIEWING AND CONSIDERING THE PLANNING AND ZONING COMMISSION'S CONSIDERATION OF VARIOUS TECHNICAL AND CLERICAL TEXTUAL CHANGES TO THE ZONING AND SUBDIVISION ORDINANCES AND WHICH WILL PROVIDE FOR THE ESTABLISHMENT OF A NEW FEE FOR COPIES OF THE ZONING AND DEVELOPMENT ORDINANCE IN THE AMOUNT OF $25.00 AND RECODIFICATION OF NEW CODE BOOK FOR THE CITY OF MERIDIAN: ORDINANCE NO. REVISING, CODIFYING AND COMPILING THE GENERAL ORDINANCES OF THE CITY OF MERIDIAN: CONSIDERATION TO SET PUBLIC HEARING FOR PERMIT FEES: ORDINANCE NO. ADDITIONS FOR APPOINTMENT OF PLANNING AND ZONING ADMINISTRATOR: ORDINANCE NO. SANITARY SERVICE SYSTEM: ORDINANCE NO. TO PROVIDE FOR THE EXTENSION AND CONNECTION OF SEWER SERVICE OUTSIDE THE CITY LIMITS: Meridian City Council Me. November 16, 1999 Page 59 . Corrie: We'll get all that information to you, Pete, so that you can kind of work that out (inaudible). Okay. Item - well, Item 24 - how many people here for Item 24? Three, four, five? Bentley: Becky's here. Corrie: Okay. Whatever the Council wants to do. We can have to do Item 24, 25 and 26 on public hearings, and then Items 33, 34, 35, 36, and then for the meeting on December the ¡th because it's % after ten now. We'll be here until 2:00 in the morning, we'll never make any good decision, I don't think. So, Council's pleasure. We can view Item 27, 28, 29, 30 and 31 and Item 37 pretty quick. Any other Items we can delay until December the ¡th. That'd be Item 24, 25, 26, 32, 33, 34, 35, 36 until December the 7th. We're going to do the Ordinances, No. 27, 28, 29, 30, 31 and then 37. Berg: Mr. Mayor. Corrie: Yes. Berg: Since Mr. Gigray isn't here, just a point of clarification, Item 26 is really attached with all the ordinances down below because these ordinances have the new title numbers and chapters, and the sequence, according to Mr. Gigray was to have the hearing for Item 26 and then pass the additional ordinances to be recodified with them. Mr. Gigray's here, he can probably elaborate -- *** End of Side 3 *** Bird: -- delay this until (inaudible) Corrie: Item 26, public hearing so we also have to Item 27, that ordinance, Bill? Gigray: Yes. Corrie: Have all of them? Bird: Have to delay them all. Gigray: 26 and 31. Corrie: Okay. Then we just take up Item 32 and 37 and the Department Reports? Bird: Which ones are we going to do now, Mayor? Corrie: Pardon? Meridian City Council Me. November 16,1999 Page 60 8 Bird: Which ones are we going to do now? Corrie: We're going to do Item - well, with your approval, Item 32 then Item 37. Then table the others until the 7th of December. Yeah. Item 32 and 37? (inaudible discussion amongst Council members) Bird: Is there any - Mr. Mayor. Corrie: Mr. Bird. Bird: Is there any of these that can be affected if we - I mean, I'm sure they all can be affected if we don't act upon them tonight, but we just - I don't know. We're shoving a lot of ones onto next week, and we've already tabled a couple. Corrie: We can have another meeting the - no, we can't. We can do it the 23rd. Bentley: I won't be here. Bird: Has the Staff got any - is there anything if we tabled those, going to be affected? Smith: Mr. Mayor, Council members, I think the Item No. 32, those folks are here this evening on that fence variance appeal. Bird: Yes. Smith: I know that they're very anxious to move forward with their fence and present their case to you. Corrie: (inaudible) Item No. 37 (inaudible). Request for beer and wine license by Eagle Partners, LLC, is that a big one? : No, sir. It is not. Corrie: I didn't think so. Berg: Mr. Mayor. Corrie: Mr. Berg. Berg: members of the Council, they are hoping to open up November 22nd, and they rushed to get me the state and the county license for that application. Corrie: Okay. We can do Item 37, then. Meridian City Council Me. November 16, 1999 Page 61 . Berg: Okay. Bird: What about 33? Is that a long Item? It's not a public hearing. Berg: (inaudible) recommendation from the P & Z. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: Well, we just table the rest of the public hearings and the related ordinances, and then start with Item 32 and work this as far as we can until 11 :OO? Corrie: Okay. That's whatever you want to do. Bird: I second that. Gigray: Mr. Mayor, could I - point of information. I just want to clarify with the Public Works Director that if we continue this ordinances, is that going to be a problem with the Vienna Woods plat because the amendment of the ordinance with regards to double hook-up fees is one of the follow-ups. Smith: Mr. Mayor, Council members, Mr. Gigray, I don't think it'll be a problem with that plat because those fees would not be assessed until building permits came in, and they're a ways from that and should be okay. Corrie: Okay. The motion for the Chair to have Items 24, 25, 26, 27, 28, 29, 30 and 31 to be placed on the agenda first in October the - excuse me, December the 7th meeting. Any further discussion on that request? Okay. Hearing none, all those in favor of that motion say aye. MOTION CARRIED: ALL AYES Corrie: You have a little extra time. I appreciate you folks staying. We want to make a good decision. I'll entertain a motion now to table Items 24 - we already - we just did. Continued it. Bird: Continued it. ITEM 32. APPEAL OF FENCE VARIANCE COMMITTEE DECISION BY CHARLOTTE NOLAN AND ROBERT SMITH: Corrie: Okay. Item No. 32 is appeal of a Fence Variance Committee decision by Charlotte Nolan and Robert Smith. Staff, comments on this, Gary? Meridian City Council Mel November 16, 1999 Page 62 8 Smith: Thank you, Mr. Mayor, Council members. Shari has put up on the screen a planned view of the proposal. This residence is located at 2466 West Carlton in the Haven Cove Subdivision, and it is a corner lot as all of the lots are that the Fence Variance Committee deals with for exceptions to the setback on six-foot tall fences. The proposal from this property owner is to locate a fence out next to the sidewalk on North Mora (sic) Avenue, I believe it is. I think, yeah, the fence was to be located within two feet of the edge of sidewalk, their yard-side edge of sidewalk. That's denoted by that dash line that parallels the sidewalk line. The Fence Variance Committee met and rendered a decision on this on November the 3rd in the presence of the applicant. The Fence Variance Committee has been very consistent in their decisions to allow construction of a six-foot tall solid fence within the side street setback area on corner lots. We feel, as a Committee, that, number one, the corner lot owner should be afforded some additional space for their backyards because, typically, the size of the corner lots are not significantly larger than the size of the interior lots, and therefor, using a 20-foot setback from the front of the house and also from the side of the house, or for the side of the house severely limits the amount of backyard that the corner lots have and the amount of private backyard that they have. So from that standpoint, the Fence Variance Committee feels that most generally these requests are appropriate to the extent that we have been allowing as the committee, a ten-foot variance. That is ten foot from the back of sidewalk. Most all subdivisions, the property lines for these lots are not the back of sidewalk, but they are a foot-and-a-half from the back of sidewalks, so the variance, in effect, is allowing them 8 % feet from the property line or an 11 Y2 foot variance from the 20-foot setback from the property line. Even though the property owner is required to take care of ground up to the back of sidewalk, technically that's an 8 Y2 foot setback. We've done this for two reasons. One is that we felt that a security issue is at hand for the people that are using the sidewalks and not having to walk right up against a six-foot tall fence. Now, when I say up against, it's not tied against the back sidewalk, but it is quite close at the requested location. A six-foot fence at that location is quite imposing to pedestrians on sidewalks. Secondly, it does not present itself well as far as vehicular vision is concerned. Secondarily, we feel that construction of a fence along side the back of sidewalk will create a tunnel effect for the streetscape in the subdivision. Although this is an isolated case as regards the property owners to the north of it and to the east of it, there wouldn't - if this was allowed to be constructed at the back or near the back of sidewalk, there wouldn't be anything that would prevent other property owners making the same request. We don't feel that from an aesthetic standpoint it's appropriate. I know the property owner has some special concerns here with the improvements they want to make in their backyard and the privacy that they desire, but that is the feeling of the Fence Committee, and we've been holding pretty tight to that ten-foot minimum encroachment. I guess that's pretty much the basis for our decisions. I know the property owner's here this evening, and I'm sure that they would like to address Meridian City Council M~ November 16, 1999 Page 63 . Council, too, and Mayor. Thank you. If you have any questions, I'd be glad to answer them. Corrie: Mr. Rountree. Rountree: Gary, are there any design review committees in this area that would be involved or subdivision property owners association that would be involved in this? That's come into play many times in the past. Smith: Yes. Typically, the Homeowners Association has what they call an Architectural Review Committee that theoretically can react to a violation or a proposal to do something other than what's allowed by the covenants. As a city, we don't have any jurisdiction in those CC & R's, but the Homeowners Association does. We suggest, as a Fence Committee, that a homeowner making this application also approach the Homeowners Association and get their approval. I don't know. I can't recall if that was done in this particular case or not. We did, on this particular subdivision, and there is a situation at the entrance of the subdivision off of Pine Street where the subdivision boundary fence, we allowed that boundary fence to return from the subdivision boundary into the subdivision probably two feet off the sidewalk. That was a situation where the boundary fence was coming to an end and entering the subdivision. Of course, these folks picked up on that, and that's part of the reasoning for their request. We've had that happen in other subdivisions also on the entrance roads from a collector or a main road into the subdivision. Rountree: Thanks, Gary. Corrie: The applicant. Nolan: Hi. My name's Charlotte Nolan. I did come here tonight because when I went to the Fence Committee, they said that they have basically developed an arbitrary ten-foot line, and when I made my request for this, I didn't know that there was this unwritten arbitrary ten-foot that they would do. So, as you can see, my pool, where I want to put the pool in, which is partly why we bought the corner lot, was that there's enough room to put that considering where they put our slab for our back patio because we have a very large pool. So to put it at ten foot would only put it only two feet from having a pool, and, I don't know. Myself having had a pool, if you put the fence too close, then everybody who walks by gets some big kick about throwing stuff in the pool. So, I went through the neighborhood before I set up this fence variance request to see what the City themselves had done, you know, as far as it went. I figured probably the two major things that would be considered would be safety in where you put your fence and whether or not your neighbors, you know, had - I did check with my next-door neighbor who is also President of our community group there, and he said as long as I got an okay from ya'all and the neighbors didn't care, then it was no problem with our neighborhood setups. When I went to put the fence in, I Meridian City Council Me. November 16.1999 Page 64 8 really wanted it probably about 20 feet closer because I wanted it to close in the room - the window that goes to our bathroom because we've had people, you know, come up off the street and knock on it and all kinds of stuff like that; however, and having one, you know, I took pictures. Unfortunately, I don't have all these things to show you all so easily like at night. But I did go take pictures of where it came into the neighborhood and stopped and the vision that they allowed there where people come in and out all the time is greatly decreased compared to what I put in, because what I did was walk to the back of my house and gave as much vision as I could figuring I was taking in the safety feature for being on the corner and put the end of my fence to where the house actually started occluding your vision going around the corner versus my fence doing that. So, it moved my fence back as far as that went, and then I went out and decided it had to be safety because we have a lot of bicycles and rollerbladers and so I put two bicycles side-by-side on there, and putting two feet off, you know, was plenty of room for two bicycles to go along the edge of the concrete and pass each other. So I figured as far as the fence went, that was safe, too. Then, the next thing was, cars for vision, and myself for the pool, because that would give me 12 feet, so it's kind of hard to chuck things 12 feet versus just two feet over a fence into a pool. Then the next thing that I looked at from they came in, the inside of the vision, of our subdivision, was that their fence is like really long, so you have to come way into the subdivision way before you can see around the corner right there because that first fence is so long that it blocks your vision whereas you can get around my corner without it doing that, so I felt that it was a safer situation than what they approved at the entrance for the length of it. They had a concern about it being an alleyway because of it not being ten foot on either side. The people on the other side of me, you know, their house faces my house. There's no way for them to put a six-foot fence up and my six-foot fence up. So I understand the concern about the alleyway, but in my situation, there's not going - it can't be an alleyway because they can't possibly put a six-foot fence up over there. Then the next thing I went to was the neighbors, and out of seven or eight neighbors that are in direct view or direct situation of that, I went and asked them if they minded I put a six-foot fence up there when my neighbor behind me is set back from me, and not one - I got five out of seven that I could talk to. One of them's a rent house. I didn't talk to them. But none of them cared, so I figured, okay, I've got the approval of the neighbors, I've got the setup like they have on the entrance way that they considered safe. Difference on the entrance way, though, is that they said about the six-foot fence being tall and kind of being a problem, but directly across from the back of my fence is a streetlight that shines on the back of it. Directly right in front of my house is a streetlight that shines on the front of it. Now, on the entryway where the kids come in and out every single morning, because I leave every morning around 6:30 when they're going out to catch the bus, the closest light to that whole thing is around the corner and down two houses. That entire entryway is dark. The entire thing is black. There's no way to even see people as you're coming in and out unless you have lights on on your car. So, I came to ask for the twenty feet that I have which is two feet off of the thing because everything that the Fence Meridian City Council Me. November 16, 1999 Page 65 8 Committee told me was a consideration other than the arbitrary ten feet that they've decided upon, I feel that I fall within it. I feel that I've given consideration to every single thing that they've asked for. If it did form an alleyway, then I would understand what they're talking about, but this situation, it won't form an alleyway because people across the street can't put a fence across the front for the length in that, so that's why I came to ask instead - they told me that they could not go over ten feet because that's their agreement, and if I had to ask for twenty feet, then I had to come ask ya'all. So that's what I'm asking for. Corrie: Is the pool in? Nolan: No, it isn't. It's excavated for it. I've had it dug out and leveled. Corrie: Okay. Any other questions? Bentley: Is it an in-ground or above-ground? Nolan: It's an above-ground. But I actually have it down about 18 inches. Corrie: Mr. Rountree. Rountree: I guess I didn't hear. I'm assuming that you're requesting a solid, privacy fence as opposed to - Nolan: Chain link. Rountree: -- chain link or - Nolan: No. I didn't ask for chain link. Rountree: -- wrought iron. Nolan: No. Well, nobody in our neighborhood has had chain link. I looked over our whole neighborhood. Rountree: I'm just asking, not suggesting. Nolan: Any other questions? No? Corrie: Any other questions? Okay. Thank you. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Meridian City Council Me. November 16,1999 Page 66 8 Anderson: I guess I'll start this off, because I live on a corner lot just like this, and about three years ago I dealt with the exact same dilemma building my fence and came to the conclusion after talking with the neighbors back behind me as she would have neighbors there, that just kind of obtrusive to them to have a fence running clear out to the sidewalk, and it doesn't give real good aesthetic appearance to the front of their house. We don't always know that these same neighbors are going to live in these houses or she won't get tired of the swimming pool and fill that in and back a camper in there because of all your CC & R's state that the camper or RVs have got to be behind a fence. I guess I would not be in favor of granting the variance clear up to two foot behind the sidewalk. I would stick more with our Fence Committee's version of the ten foot. Something that I would lean more favorable to and go that direction. Corrie: Any other comments? Mr. Rountree. Rountree: I guess the question we have is, one, do we even allow a variance? Is there sufficient hardship and that sort of thing present? That's the question before us. To address the question, the City's established the Fence Committee. The Fence Committee goes back a number of years and having been on the charter membership of that group some years ago, can understand the difficulty of dealing with the individual cases. I understand through a process of several mistakes how they ultimately arrive with the approximately 1O, 8 % feet off the back sidewalk as a reasonable compromise to accommodate both desires of the property owner to utilize their property the best they can and also to minimize the safety issues as it relates to the rest of the populous that are going to (inaudible) the streets and sidewalks as well as the aesthetic aspect. I could go either way on this except the Fence Committee's recommendation will disallow a variance altogether, but I cannot accept the idea of the fence that close to the backside as being requested. Corrie: Thank you. Any other comments? Okay. Hearing none, I'll entertain a motion on the request for appeal of the Fence Variance Committee's decision. Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: I would move that we deny the appeal and affirm the recommendation of the Fence Variance Committee. Anderson: Second that. Corrie: Okay. Motion is made to deny the appeal and approve the Fence Committee's decision of denial. Any further discussion? Mr. Bentley. Bentley: Should we instruct the attorney to prepare the order? Meridian City Council Me. November 16, 1999 Page 67 8 Rountree: I would add that to my motion to have the attorney prepare an order. Bentley: Thank you. Corrie: All right. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES ITEM 33. REQUEST FOR: CONDITIONAL USE PERMIT FOR RETAIL FIBER ARTS SUPPLY STORE BY JENNIFER OAK - 55 E. STATE AVENUE, OLD TOWN: Corrie: Request, Item 33, request for conditional use permit for retail fiber arts supply store by Jennifer Oak, 55 E. State Avenue, Old Town. Is Jennifer here tonight? Is there a reason why? Table it then? Berg: It's not a public hearing, but I don't know why she isn't - Corrie: We need to - we can, I guess we can - she's not here to the request. Bird: Then we need to table it. I haven't got anything. (inaudible discussion amongst Council members) Corrie: Okay. We have a recommendation for conditional use permit from the Planning and Zoning. Rountree: Let's just table it. What's the next one? Corrie: That was denial of the recommendation. Planning and Zoning does hereby recommend that (inaudible) grant a conditional use permit. So we can either table it or follow the Planning and Zoning's recommendation. Rountree: Considering I haven't read them. Mr. Mayor, I move we table Items 33 and 34 until our next meeting. Corrie: Motion on the floor to table Item 33 and 34. Do I hear a second? Rountree: Mr. Mayor. Corrie: Is someone here for 34? Oh. Okay. Then Item 33 for table. Any second on that one? Okay. It does reflect a second, Mr. Rountree. Rountree: Mr. Mayor, I'd ask a question of Shari if there's any issues on the prepared Findings of Facts, the draft that we have, on Item 33. Meridian City Council Me!g November 16, 1999 Page 68 fI-' Stiles: Mr. Mayor and Council, Councilman Rountree. There was a change made that was on Page 7, Item 1.3. She did propose signage, and it was recommended for approval by the Planning and Zoning Commission. This is for the property, it's across the street from the Texaco now and behind an office building on East 1st Street. They're proposing that it be a - retain the use as a residence and that a portion of their house be approved for retail use. The Planning and Zoning Commission did recommend that instead of the parking spaces that were requíred by ordinance that that be reduced to three spaces. Corrie: Has this applicant seen this request and what they're asking the changes and all? Stiles: I believe the Findings did come up back before Planning and Zoning Commission, and she was present there and did review these Findings. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I have a question. Shari, do they know that they're supposed to come to these meetings? Is it - are they told that, I mean, by somebody? People that do this kind of stuff don't come before the City Council on a regular basis and don't understand the process. They need a little bit of guidance as far as what the steps are, and I'm sure they probably would have been here had they been told that. Corrie: Mr. Berg. Berg: Mr. Mayor, members of the Council, they were told that they were on the agenda. They were also told that this wasn't a public hearing, that testimony would not be accepted, and so I guess they probably chose not to come. That's the confusion with some of these that only require one public hearing and then pass recommendation onto the City Council. I don't know what kind of lines of questions or comments she could have that would affect the Findings at the p & Z has produced. So that might be a question for the attorney. Anderson: I just think it's something that we need to clarify amongst ourselves. If we're talking about tabling something because somebody's not here, and yet, they're being told that you really don't need to go there because we're not going to take any public testimony, we need to get our act together is what I'm saying. Council and Staff level, so that people have clear instructions on what is expected of them when they come here or not expected if they don't come. Berg: Yes. I agree with you, and my response is we don't discourage them from coming. We try to tell them what they can anticipate being at these meetings. Meridian City Council Me. November 16, 1999 Page 70 8 VACANT 5.5 ACRE SITE IN A C-G ZONE BY NORCO - NORTH OF FAIRVIEW BETWEEN EAGLE ROAD AND LOCUST GROVE ROAD: Corrie: Item 34, request for conditional use permit for a 3-building retail complex for approximately 50,000 square feet on vacant 5.5 acre site in a C-G zone by Noreo, north of Fairview between Eagle Road and Locust Grove Road. Shari, Staff? Looks like we've got the same - oh. We've got somebody here. Stiles: Mr. Mayor and Council, this is for the property that's on Fairview Avenue south of Dove Meadows Subdivision. They've submitted a conditional use permit for a planned development as they had three separate buildings shown, and we would recommend approval with all Staff and agency conditions. There needs to be a change according to what the Planning and Zoning Commission - well, I guess it doesn't need to be changed. It was changed later, but on Page 5 of the Findings of Facts and Conclusions of Law, Item 5.1.16, Staff comments were that a single pylon sign and a single monument sign for the center were indicated, and only those signs are approved along the Fairview Avenue frontage as a condition of approval. In the Conclusions, the Planning and Zoning Commission changed that recommendation on Page 16 under Item 1.42 that they can - shall construct sign not to exceed 72 square feet. That should be a monument sign not to exceed 72 square feet. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Shari, it should be a monument? Is that what the Commission said? Stiles: Yes. Bird: That's - I mean, because it's not in my Findings. It's in - written in and then shoved up there. It's not typed in mine. Rountree: It's not in mine, either. Bird: I'm telling you that, I'm not going to - that isn't acceptable. That's why I hate passing these things when you got writings and crosses and everything else on it. Mine reads here, the applicant shall construct a sign not to exceed 72 square feet, and then somebody's wrote monument and shoved it up in with an arrow between "a" and "sign." I don't know whether that was done - .. Corrie: Mine (inaudible) done that way, so - Rountree: Same thing with this all crossed off. Meridian City Council M~. November 16, 1999 Page 71 8 Bird: Does the applicant know this is all sign and then to get - Berg: This is the record right here. What you have is the record. Bentley: That's Will's writing, the monument. Berg: That's my writing. That's what we've been (inaudible). Bentley: My question is does the applicant know that it - Corrie: Do you know that it's a monument sign? Applicant: Yes. Corrie: You know it's a monument sign. Okay. I think (inaudible) Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Will. Berg: Yes. Bird: When is this - I mean, they come back the second time, is that when they change it and we didn't retype it or when was the monument added in? Was that left out of the minutes or something? I want notes for my answer. Berg: Mr. Mayor, members of the Council, Councilman Bird, on the November 9th Planning and Zoning Commission, they met and read through these Findings and inserted that as approval of the Findings. That's my record. I would presume that the attorney's office would have corrected that and gotten me a copy, but they had not, so I kept this as my record as what the P & Z approved. That's what I do on records when things - Bird: The official record shouldn't have crosses through it and monument- Berg: Well, that might be true, but official records should have exactly what they've done. Bird: I realize that. But, you know, I just - anybody could walk in and get hold of a copy of this and start x'ing it out. Corrie: Well, I understand your point, but in this case, it didn't happen, but you're absolutely right. The applicant does have (inaudible) monument sign. Meridian City Council Mel November 16, 1999 Page 72 8 Bird: Agreed to it. Would that - Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we approve the Findings of Facts - have the attorney prepare the Findings of Facts and Conclusions of Law and Decision of Order in favor with the Planning and Zoning recommendations with the marks and the X's for the conditional use permit for a three-building retail complex of approximately 50,000 square foot on vacant 5.5 acre site in a C-G zone by Norco, north of Fairview between Eagle Road and Locust Grove Road. Corrie: Okay. Do I hear a second? Anderson: Second. Corrie: Motion made to approve the conditional use permit on Item 34, have the attorney draw up the Findings of Facts and Conclusions of Law with the addition of the monument sign not to exceed 72 feet. Any discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES ITEM 35. REQUEST FOR FINAL PLAT OF PACKARD ACRES SUBDIVISION #1 BY PACKARD ESTATES DEVELOPMENT, LLC - % MILE WEST AND % MILE NORTH OF FAIRVIEW AND EAGLE ROADS: ITEM 36.. REQUEST FOR FINAL PLAT OF PACKARD SUBDIVISION #3 BY WIRT EDMONDS & CRAIG GROVES - WEST AND NORTH OF FAIRIVEW AND EAGLE ROADS: Corrie: Item No. 35, request for final plat of Packard Acres Subdivision No.1 by Packard Estates Development, LLC, % mile west and % mile north of Fairview and Eagle Road. Has the applicant seen these? These came to my office just today. Have you seen this? Tealey: Yes. Corrie: Oh. You have, okay. Tealey: We got it today, also. Corrie: Oh. Did you get it today, too? Do you have any problems with it? Bird: Did you get him on the record saying that? Meridian City Council Me. November 16, 1999 Page 73 8 Corrie: Okay. I'll let you get on the record saying -- Tealey: Mr. Mayor, members of the Council, my name is Pat Tealey. Office address 915 West Jefferson, Boise, representing Packard Estates Development, LLC, on this application. The members of the Packard Estates Development are also here if you have any questions for them. We got a copy of this today and read through it and actually made all but one of the corrections. They're fairly minor, but we've already made all the corrections on this for our final plat today. There was one question on Item No. 14 concerning the - it concerns the 40-foot easement for the Stokes berry (sic) Lateral. In the application, just wanted a little bit - the applicant wanted a little bit of clarification as to whether or not that really needs to be a common open area, lot, and it couldn't be included in the lot somehow because there'll just be a 40-foot strip in there enclosed by two fences that nobody ever keeps up, and the Stokesberry Lateral in that area will be piped, so (inaudible) ground, it could be landscaped. He just wanted some clarification on that. Bird: I guess - Tealey: From Staff. Corrie: Shari, Staff comments? Stiles: Let me make sure I'm understanding. You're wanting to include that entire 40-foot as part of that lot? Tealey: Well, we'd like to include the 40 feet in the - in those five lots there just so that we don't have a strip of land laying vacant between two fences. The easement would still be there. Stiles: No. I don't believe the irrigation district would allow that to be included as part of lots, and as part of the annexation and zoning, that was required to be a pathway and also was an access for Nampa Meridian to get through that. It currently goes all the way to Locust Grove now from Eagle, and it's a nice - it will be a nice pathway between subdivisions there. Tealey: Maybe Mr. Groves, the developer -- Do you want to say anything, Craig? Sorry. Corrie: That's okay. Tealey: The last comment. Stiles: What? Goes clear to Locust Grove. Meridian City Council Me! November 16, 1999 Page 74 8 Groves: As I've been out and looked at that, Shari, I'm not sure it goes all the way through to Eagle Road. Corrie: I need your name. Groves. I'm sorry. For the record, it's Craig Groves. Corrie: How do you spell your last name, just for - Groves: G-R-O-V-E-S. Corrie: Thank you. Stiles: It may end at Chateau, but it is currently being used by people in the neighborhood for walking. It will be a good pathway to get to the new elementary school site. I think as we're preparing the Development Agreement, it hasn't been prepared for this property yet, we'll probably see that as a condition of the annexation that that was to remain as a common lot. Bird: Mr. Mayor, where's the annexation at? Stiles: It was done a long time ago. Years ago. Bird: Years ago. Okay. Stiles: And the Development Agreement was never entered into, so it's going to take some research on our part to be able to prepare a Development Agreement. Bird: We can't- Corrie: Then we need to table this one, then; correct? Until we get the Development Agreement - final plat. Gary, do you see a problem here? Groves: If I may, Mr. Mayor, it was just a question. It'll remain in - we'll keep it as a common lot and use it any way the Staff wants it. It was just a question of whether or not maybe we could get rid of an eyesore there. If we can't, no problem at all. Corrie: Good. So we still have an agreement -- Development Agreement yet, though, right? Stiles: We do need a Development Agreement. Corrie: Before you can have the final plat approved. Meridian City Council Me! November 16, 1999 Page 75 8 Stiles: Well, the way we do it now, it would be prior to being annexed, but Bruce's comment was to have it recorded prior to signature on the final plat. I wouldn't particularly have a problem with that, but I would want to add one comment to these comments by Bruce on November 15th. The first phase of Packard Estates has some mailboxes, huge structures in the middle of the sidewalks that only allows maybe two feet, two % feet, and they do need to provide five-foot pedestrian walkways, so if they're proposing those same kind of mailbox structures, they're going to need to add - to flare out those sidewalks so that there's minimum five-foot walking, and that was just a suggestion from looking at the first phase of that. Rountree: You don't like MDCBU's, huh? Stiles: What's that? Bird: Ugly garbage boxes? Corrie: Okay. It's a site-joke. I wouldn't get into it. Was that put in here? Stiles: Pardon? Corrie: Is that put in here anywhere? Stiles: That was something that was put in the comments, but that was something I would like to add - that they do need to provide the five-foot pedestrian walkways exclusive of mailboxes or mailbox structures. Corrie: I guess my point is if it's not in here, how can they be held to it? Stiles: Because they're requesting final plat approval right now. Corrie: It could be a condition of the plat, then, right? Stiles: Yeah. Corrie: All right. I'm learning. Mr. Groves. Groves: Yeah. Mayor, Council, we've got no problem with that request. You can add it, but I would like to, at this time, I'd like to address this 40-foot strip of land that would be common lot there. If Staff is open to this, if we could allow the Nampa Meridian Irrigation District, ourselves and Staff to negotiate the use of that 40-foot in our final Development Agreement, I'd like to be open to that. Stiles: We'd have to look at the record and see what it said. I think we've always intended that to be an open - Meridian City Council Meebt Novennber16,1999 Page 76 8 Groves: Yeah. We're not going out there - I wish I had some pictures, but we're not going out there, Shari, that 40-feet strip of land just ends right at Carole (sic) Subdivision. It doesn't go anywhere. It's going to, you know, be a weed patch. Stiles: It won't be a weed patch because you will maintain it. Corrie: You and Nampa Meridian. Groves: Yeah. Corrie: That means you'll probably have to do it. Stiles: It will be - Groves: Okay. So, my point is, if we can work out an arrangement with Nampa Meridian Irrigation so they have access to their irrigation facilities because everything will be underground in there, and they agree to it, and it's acceptable to the preliminary plat approval back in '96 - Stiles: Again, we'd have to look at the record. I know the Sharps did have some concern about having access to their headgate that was part of that, and I think if we're talking about changes to the original annexation conditions, we'd have to open it back up for a public hearing - Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: I move we approve the request for final plat of Packard Acres Subdivision No.1 by Packard Estates Development subject to staff comments with additions of five-foot wide sidewalk around mailbox structure and staff and developer to work with Nampa Meridian Irrigation for use of Stokesberry Ground Lateral. Bird: Second. Corrie: Motion made and seconded to approve the final plat of Packard Acres Subdivision No.1 by Packard Estates Development subject to staff comments with additions of five-foot wide sidewalk around mailbox structure, and staff and developer to work with Nampå Meridian Irrigation for use of Stokesberry Ground Lateral. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES *** End of Side 4 *** Meridian City Council Meet' November 16, 1999 Page 77 . Corrie: Could that work? What he requested? Or do you want to - Rountree: Is this a result of the discussion that went on with the school district and Staff about realigning the road and approach and getting access over there? Groves: Yes. That's what it was. It wasn't any intention on our part to get another lot or anything. Corrie: (inaudible) Bird: (inaudible) Corrie: Mr. Smith. Smith: Mr. Mayor, Council members, it appears as though, as Mr. Groves points out, these lots are bordering Carole Subdivision have a wider width thiin what was originally proposed in the preliminary plat. I don't have the preliminary in front of me, but it looks like, I think as I recall, the Carole Subdivision folks had requested those larger lots as part of their testimony on the preliminary plat. As long as we're meeting with the intent of the preliminary plat, with the same number of lots and the size of the lots particularly against Carole Subdivision, it'd probably be all right. Groves: The lots against Carole Subdivision now actually four feet wider than shown on the preliminary plat which they have in front of them. Gary's not counting - Bird: (inaudible) shoes off yet. Smith: It's the same number of lots that the preliminary plat shows that Mr. Tealey just gave me a copy of the Number 3 final plat revision. Corrie: It's still (inaudible). Smith: They are having a precon tomorrow, as Pat mentioned, on sewer and water through this project to serve the elementary school site. Bentley: Mr. Mayor. Corrie: Mr. Bentley. Bentley: Gary, so does that plat that you now have is correct; is that what you're saying? Meridian City Council Meet Novernber16,1999 Page 78 8 Smith: Well, yes, sir. As far as the number of lots are concerned along the north side of that Bernice (sic) Drive which is the area in question, it's correct, yes. Behtley: And the date on that is - is there a date stamp on there? Smith: Yes. Mr. Tealey has signed his land surveyor stamp as November 15, 1999. Bentley: Thank you. Corrie: Does that help you? Bird: That's all you need. Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: I move we approve the final plat for Packard Sub No.3 subject to Staff comments and the corrected plat dated 11/15/99. Bird: Second. Corrie: Motion made by Mr. Rountree, seconded by Mr. Bird to approve the request for final plat with Staff conditions. Any further comments? Discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: Item 37, request for beer- Gigray: Mr. Mayor, point of information because I have to draft the order on this. Staff comments that you have, the only ones I have are dated November 12, 1999. Is there some subsequent to this? Rountree: We had some here this evening. Bird: Yeah. On the tape. Rountree: On the tape. Gary's comments, Shari's comments. That we have no more lots, that the lots are bigger on Carole - Corrie: And the surveyor's stamp was - Rountree: The correct (inaudible) from Bruce Freckleton - Mr. Mayor. Meridian City Council Meel November 16, 1999 Page 79 . Corrie: Mr. Rountree. Rountree: Gary's got a - Corrie: I'm sorry. Gary. Smith: Mr. Mayor, Council members, we haven't made any comments on the plat yet other than it did not conform with the preliminary plat, and so the comment was that it should be tabled until the plat is squared away. Bird: Took care of that now. Smith: Pardon me? Bird: And we took care of that now. Smith: The plat is apparently squared away, but we still don't have any comments for you to incorporate in your approval of the plat unless you want to make it subject to future comments that the Staff would make. Corrie: That's pretty much what - well, okay. Smith: Okay. Corrie: I don't want to put words in Charlie's mouth. Smith: And I believe that - I believe the applicant understood the ramifications of that. Corrie: Okay. Does that help you, Bill? Rountree: He's scratching his head. Gigray: To me, you're issuing an order that doesn't have any finality to it. When we have the comments, and I can reference those specifically and so we've got a written document and we knbW what they are, this is just subject to further negotiation, and it's an order on a final plat. I mean, you can do what you want to do here, but- Corrie: Can't you just hold the final order until it's all done? Rountree: Until we receive comments from Staff? Stiles: We can get them to you tomorrow. Meridian City COuncil Meel November 16, 1999 Page 80 . Corrie: After they receive comments from Staff, then you do the order based upon their suggestions? Gigray: With the proviso, if it's agreeable with the Council, that I will resubmit the order for the Council to see at the next Council meeting which means that you're not continuing it. We'll prepare the order so you can look at it. Corrie: I think that'd be best. Gigray: For its - I mean, and then we'll just prepare it as normal for the Mayor's signature, but that way you'd put it on the Consent Agenda or something, and if somebody sees a red flag, you can divert it at that point. I'd feel more comfortable at with that. Rountree: So moved. Corrie: Okay. Do I hear a second? Bentley: Second. Corrie: Motion made by Mr. Rountree, seconded by Mr. Bentley to approve the recommendation of the - Mr. Gigray. Further comments? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES ITEM 37. REQUEST FOR BEER AND WINE LICENSE BY EAGLE PARTNERS, LLC FOR EAGLE CHEVRON: Corrie: Request for beer and wine license by Eagle Partners, LLC, for Eagle Chevron. Bentley: Yeah. It won't take long. Corrie: Okay. Mr. - Chief. Gordon: The applicant on the Item 38 is Steve Eddy who currently already has two beer and wine licenses at the existing Chevrons. We have had absolutely no problems at all with him on any of those locations and would recommend that the Council approve that. Corrie: Okay. Any other questions? Bird: I have none. Corrie: I'll entertain a motion on the application for the beer and - Meridian City Council Meetf Novennber16,1999 Page 81 8 Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we approve the request for beer and wine license by Eagle Partners, LLC, for Eagle Chevron. Bentley: Second. Corrie: Motion made and seconded that the request for beer and wine license for Eagle Partnership, LLC, for Eagle Chevron be approved. Any further comments? All in favor of the motion say aye. MOTION CARRIED: ALL AYES ITEM 38. DEPARTMENT REPORTS: Corrie: Janice Smith is - her report will be coming out to us. She's trying to get the rest of it together. In the meantime, Glenn, do you want to take her spot just a second - want something on the election issues? Bentley: Yes. I spoke to several people that really complained about confusion over the election, where we're at, where they're supposed to go. I had some complaints from the people from the south, south of the freeway. I think offering some ideas to the Council and the future Council as to what we can do to try to help the situation. First off, I think south side of the freeway, they're complaining about having to come across that bridge and fight all that traffic at 6:00 at night for the people coming home. South side's getting big enough plus we've got another sewer line going across. I think it's probably time we look at putting a precinct on the south side and find a building to hold a polling place. I think we need to move on using the new water bill system to maybe put out some information 60 days prior to the election as to how you go about getting registered, maybe even looking at throwing in a couple voter cards, registration cards to do by mail, but they need instructions as to exactly how they can register, because so many of the people that I've talked to went to one place when they're supposed to be at another. Well, I voted last time, but I moved in the meantime, and they don't realize that cancels out what they've done. So just offering some suggestions and hopefully to take a look at it. Like I said, I think the main issue would be to try to get a precinct on the south side. That's all I have. Corrie: Okay. Gary. B. GARY SMITH: Meridian City Council Meet' Novennber16,1999 Page 82 8 1. PHASE I - WATERLINE IMPROVEMENT PROJECT: Smith: Thank you, Mr. Mayor. First Item I have is the Phase I Waterline Improvement Project. This is a change order for the contractor that is doing that job. It has to do with the - there's justification on change order form, about middle way down the sheet that explains the reason for the change order. It has to do with a conflict in the vertical location of the waterline as it was constructed to a point by others and where this contractor grabbed hold of it and headed off, ran into some other utilities, had to lower the waterline. It's a 16-inch diameter waterline, and so the fittings and so forth are fairly expensive. The total amount of the change order request is $6,085.44. It's one of those things that happened after they started digging and found the other utilities. So my recommendation to you would be to approve the change order for that amount at $6,085.44 and to authorize Mayor Corrie to sign and City Clerk Berg to attest. Do you have any questions? Corrie: (inaudible) Mr. Rountree. Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: I move we approve Contract Change Order No.2 in the amount of $6,085.44 for the Phase I Waterline Improvement Project. Bird: Second. Corrie: Motion made and seconded to approve Phase I Waterline Improvement Project of the total amount of $6,085.44. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Gary: Thank you. 2. REIMBURSEMENT AGREEMENT - G.L. VOIGT SEWER AND WATER LINE EXTENSION AGREEMENT: Gary: Second Item is a reimbursement agreement between G.L. Voigt and the City of Meridian. This agreement request is for the construction of a waterline under the interstate from approximately Wells Circle south over to Overland Road. We have contracted with the contractor that's installing the sewer line for Mr. Voigt and his partners in that venture to also install the waterline at the same time in the same easement at a depth that's not as great, obviously, as the sewer line, and I think this is saving us some money being able to be in there with this contractor in the same area. It's also saving some stress and wear and tear on Meridian City Council Meet' Novernber16,1999 Page 83 8 the properties that we're crossing. It's allowing us to connect to high-pressure zones and our water system. So we have a loop now in that high-pressure zone. The reimbursement agreement has been reviewed by Mr. Gigray, and his comments back to me have been incorporated in this agreement. It has been sent to Mr. Voigt, and he has signed it. On Page 3, Item No. E lists the developers and the City's responsibility as far as the costs of the system are concerned. You notice that there's - the City is supporting the cost of the water system that's being installed totally. We're also supporting a share, a small share of the cost of the trunk sewer. The reason for this is that I kind of changed horses in midstream on the diameter of the sewer pipe and increased it from a 10-inch diameter which it was originally designed to and 18-inch diameter. The reason for that is it appeared to me it would facilitate the service to the south and the east if we're able to utilize an 18-inch sewer line on this alignment out to Overland Road rather than try and extend it along the off~ramp on 1-84. Because there are some improvements along there that are going to be kind of difficult to go through. So that's the reason for the $22,000. It gained us about 2 Yz foot of depth at Overland Road, and it's going to allow us to extend to the south and east for service of that area. I think in a much more expeditious manner than trying to go down the off-ramp paralleling that on private property. That's the reason for that amount of that cost. The bids for the project were advertised in accordance with our requirements as though it was a City project. I believe they received five bidders. Brown Construction was the low bidder. Coincidentally, Brown is doing our waterline project on the north side of the interstate and also on the south side under another contract with the City. He's just going to continue through with the work and make the connection on both of these. I guess you could call it kind of a private-public partnership to install this water and sewer system, this portion of it. So, I would request that you approve this reimbursement agreement between Gary Voigt, the developer, and the City of Meridian for the cost to install a waterline and increase diameter sizing of sewer line from approximately Wells Circle southward under Interstate 84, Overland Road and to authorize Mayor to sign and City Clerk to attest. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we approve this reimbursement agreement with Mr. Voigt for the sum of $124,032.05 for the sewer and waterline extension agreement and for the Mayor to sign and the Clerk to attest. Rountree: Second. Corrie: Motion made and seconded to reimbursement agreement, Mayor to sign, Clerk to attest. Meridian City Council Meet' November 16, 1999 Page 84 . Gigray: Mr. Mayor. Point of procedure. Since these are agreements, and I'll just - and the same as with the B-3. I would recommend that you do it by Resolution. Enter into the agreement. We'll prepare the Resolution subsequent. You can go ahead and take the action tonight and get it to the Clerk, and then that'll require a voice vote because it's entering into a contract. Corrie: Okay. Any further discussion on the motion? Hearing none, roll-call vote; Mr. Anderson. Anderson: Aye. Corrie: Mr. Bentley. Bentley: Aye. Corrie: Mr. Bird. Bird: Aye. Corrie: Mr. Rountree. Rountree: Aye. MOTION CARRIED: ALL AYES 3. TULLY WATER PARK IRRIGATION PUMP STATION: Corrie: Three. Smith: Thank you, Mr. Mayor. Council. Last Item is an agreement with Nampa Meridian Irrigation district for the operation and maintenance of the pump station in Tully Park. This is an irrigation water pump station that has been constructed by the City of Meridian and partially funded by the Turtle Creek Developer. This pump station will provide water to the Tully Park and also to Turtle Creek, and this is an Operation Maintenance Agreement that Nampa Meridian requested so that they will operate and maintain that pump station. We will be responsible to maintain and operate the distribution system in Tully Park. I'm not sure what the agreement is that Nampa Meridian has with Turtle Creek. They probably will be maintaining their distribution system in that subdivision as well as the pump station. Mr. Gigray has reviewed this, and Tom Kuntz has reviewed it, and I have reviewed it and made comments, and this is the final copy that's come back from Nampa Meridian's attorney. My request to Council is to approve this pump station operation and maintenance agreement, to authorize the Mayor and City Clerk to sign the agreement. Do you have any questions? I'll be happy to try to answer them. Meridian City Council Meetl Novennber16,1999 Page 85 . Corrie: Any questions? Bird: I have none. Corrie: I'll entertain a motion on the request. Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: I move that we approve the City entering into the agreement with Nampa Meridian for operation and maintenance agreement in Tully Park between Meridian and Nampa Meridian Irrigation District, authorize the Mayor to sign, the Clerk to attest and have city attorney prepare Resolution. Bentley: Second. Corrie: Motion made and seconded to enter into the Tully Park Irrigation pump station agreement, motion as stated, Mayor to sign, City Clerk to attest. Roll-call vote. Any discussion? Roll-call vote; Mr. Anderson. Anderson: Aye. Corrie: Mr. Bentley. Bentley: Aye. Corrie: Mr. Bird. Bird: Aye. Corrie: Mr. Rountree. Rountree: Aye. c. BILL GIGRAY: 1. PROPOSAL FOR RECONSIDERATION OF COUNCIL ACTION PROCEDURE: Corrie: Okay. Item C, I think, we're going to postpone and take a break. Gigray: That's fine if you want to. Corrie: You're not going to take too long, are you? Gigray: No. Meridian City Council Meet November 16, 1999 Page 86 . Corrie: Okay. You got it. Gigray: First of all, I want to express my thanks to the Clerk's office and to the Planning and Zoning Administrator. If you'll recall, we had one or two days short of our usual time span to prepare Findings and Orders and Recommendations, and there was an immense amount of material as a result of the last action of Council. We tried to get all of those to you for the very next Council meeting in time. We have still had to (inaudible) a lot of stuff, some of it came out late because we were dealing with Comp Plan Amendments which we haven't dealt with before, that's a little different procedure. But I just wanted to say, I wanted to thank Will's office for all of their help in getting stuff routed at the last minute and Shari's put under the gun here to have to review a lot of stuff at the last minute, and I think they did a good job, and I sure appreciate their help and support. As far as this Item 33-C, I have experienced as city attorney, an increasing number of calls from attorneys or developers saying, gee, we want to change this or that or the other, can't we reconsider. I think you've seen a couple of motions where they've tried to get Council members to amend their vote for reconsideration under Roberts Rules, and what I think we ought to do is try to codify how that's done, and so when we get these requests, we say, this section is how you do it. Basically, and I've sent this down for comments to Gary and to Shari, the comments I got back were that they were not in favor of this because they felt it created more paperwork. I will be persistent anyway and say that I think it's something you ought to consider. This is drafted so that first of all, the only way they can seek a reconsideration is they need to state a claim in writing that would be a basis for which they could seek a judicial review. That's what 11-410A is all about. That's right out of that statute. Then, it has to be in writing that's submitted to you. I would brief it for you if I think they've got a good case. I would tell you in a memo. All you do, you don't hear any argument or anything. It just comes back up and you say, yeah, we'll grant a re-hearing or no, we won't. Then that's the final action and that's all there is to it. If you say no, if you decide there's something meritorious, then you would reschedule it for argument at a later time given notice. Then they'd have to pay a filing fee, and they would have to go to some work to write out what it is is their basis for a re-opening or having reconsideration. That's basically the idea is. It's not designed to have new Staff reports or anything as you'll notice. They have to come in and argue their point. They can't present any new evidence. It's not designed to re-open the public hearing. It's designed to limit it to reconsideration, and it gives us something to tell them, well, if you're going to do this, you've got to follow this. Quite frankly, if I were representing a protester or affected party given these provisions, I would think long and hard before I'd even want to fuss with this because I'd be giving away my cards if I were going to take it up on a judicial review as to really what my case is. We have one pending right now on judicial review. Until we see their brief, we really don't know what it is they're contesting. All they have to do is file their petition and say it's some vagaries about what their claim is and then not until they file their brief do we know what it is. This would Meridian City Council Meet' Novernber16,1999 Page 87 .; really make them state their case. I can tell you, my view or my memo to you would probably be don't grant the request until I see something in there that I think we might need to take another look at it because they've got a good case for judicial review. That was the idea of this. Bentley: More consideration. Gigray: Right. Corrie: Do you want to consider it (inaudible). Gigray: This will be something you do later. It's just if you say we don't want any part of it, then we'll just withdraw it and forget about it. Rountree: With the explanation of it, I want to consider it now. Bird: What? Rountree: With the explanation now, I want to consider it. Corrie: Okay. I would too, myself. Okay. Then let's do it. Gigray: And I'll ask Gary and Shari to take another look at it. If they've got some suggestions about things we need to change, but I pulled a lot of this right out of the State Code. Corrie: I've got comments here that I want to talk (inaudible) Gigray: My view is that unless they can state a good case for judicial review, it's like granting, sir, you either say yeah or no. No hearing, no nothing. Corrie: Getting used to the long nights, Cheri? I'll entertain a motion to close the City Council - Bird: Mayor, were you going to have a meeting- Corrie: Yeah. Monday. Can everybody come about 6:30 to a Special Meeting for Executive on this police lot? We need to do something on that very quick. Bird: It's going to be short, now, isn't it? Corrie: Oh. It's going to be about 10 minutes because it's aye or nay. Bird: If you don't - if you don't and the rest of the Councilmen don't mind, I think we need to invite Cheri and Tammy. That was always (inaudible). Meridian City Council Meetl Novennber16,1999 Page 88 . Corrie: Yeah. You're invited. 6:30 Monday, and I'll try to get hold of Shari before I leave. I'll talk to her Friday. Okay. Yeah. If that meets the approval, then we'll do it then. Will, will you notice that, meeting 6:30 Monday, for Executive Session only? Berg: Yes. Corrie: We can have it in my - (inaudible discussion amongst Council members) Corrie: I'll entertain a motion to adjourn. Bird: So moved. Bentley: So moved. Corrie: Motion carried - Oh. Say aye. MOTION CARRIED: ALL AYES MEETING ADJOURNED AT 11:35 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) \\ "tlUIT" lIt II "" ,.,e MEltrD11" ATTEST: ..0:. -I V' 'I, ~ .<If" z,:-:- ¡.~ 6' ... ~ ~ -:- ~~~A ~ - !1 :jr" OJ ~ È SEAL - -- MERIDIAN CITY COUNCIL PRE.COUNCIL MEETING NOVEMBER 16.1999 The Pre-Council meeting of the Meridian City Council was called to order at 6:40 p.m. on Tuesday, November 16,1999, by Mayor Robert Corrie. MEMBERS PRESENT: BOB CORRIE, RON ANDERSON, KEITH BIRD, CHARLIE ROUNTREE OTHERS PRESENT: SHARI STILES, BILL GIGRAY, KENNY BOWERS, WILL BERG, TOM KUNTZ Corrie: It is 6:40 to discuss the Parks and Recreation Master Plan, Norm Landerman-Moore, and that we will have an APA discussion presentation by Charles Trainor. So, if you would like to start, Tom. Kuntz: Mayor and Council, it's my pleasure to introduce Norm Landerman-Moore ;who is the consultant who has been conducting or putting together our Parks and Recreation Comprehensive Plan which hopefully will be a component of the revised City Comprehensive Plan. Norm has a draft with you tonight; wants to spend about a half an hour with you. He'll be back on December 2nd for a meeting with the public, and at that point, we'll bring a more final draft with maps included for you to review during the month of December, and then we'd like to get some comments back and plan a public hearing in January at one of the Council meetings and have the Council adopt the Comprehensive Plan. Corrie: Norm. Landerman~Moore: Good evening. It's a pleasure to be with you this evening and talk about the Comprehensive Plan. Landerman-Moore Associates, as you know, probably, is planning an economic research for recreation, special events, and fairs and expositions industry about 30 years in business in the western United States primarily. In our work, we're also privileged to be part of the National Recreation Parks Association, a revenue school program in Colorado and San Diego, and we participate in policy development on recreation planning and community planning throughout the United States. So we enjoy this work. We have a commitment to it, and we have worked with many small communities in dealing with the issues of recreation. The plan that we have been working on with your community and with your people has had the - a certain level of public participation and through a workshop procedure that we established and structured to gain input, some of you, I believe, we in attendance of one or more of those workshops, and we, in that process, did an evaluation of an inventory of existing public and private recreation facilities and programs. We did a forecast, also, of demand and needs for future Parks and Recreation services. We did estimates of costs for improving and maintaining existing and future recreation facilities. We made recommendations in the draft of development and service standards for existing and future facilities in recreation programs. The graphic Meridian City Coun.eeting - November 16,1999 Page 2 portions with the draft tha~ou have in front of you are still being prepared and will be in the December 2 package. There is an implementation and action program, and this plan is 2010 plan, 10-year planning horizon, and there's a cost and funding implementation program designed into the plan for the improvements that are projected, and also, a set of policies and standards to guide the development and administration of the Parks and Recreation services. In the small introduction summary that I handed you, on Page 6 of that, you'll see some of the basic information that we discovered in this process, and that is one that the City of Meridian has experienced, as you well know, a significant population growth during the 90s and that appears to be continuing, and there is a projection of population by 2010 of more than 48,000, and there are two or three different projections depending on who you're talking to about build-out population, but it no doubt will exceed 100,000 in population. Quite obviously, you'll become a large community and with all of the challenges that larger populations bring to a community. At present, the amount of park land available to the residents of Meridian is about 64 acres which includes the 39 acres owned by the City and 25 acres owned by a special district. A current level of service for Parks and Recreation in the City of Meridian is about 1.7 acres of park land for every 1,000 residents. To give you sort of a thermometer or measure device for that level of service, we're seeing acres per thousand ratios of anywhere from six, seven, eight acres per thousand ratios in terms of design standards for modern populations. The current planning provides for the design of 56-acre community park and the expansion of Chateau Park, a five-acre site, and new park land needs for the 2010 horizon that we have designed into the plan is 152 acres beyond what you have now available within the community. That will provide for ten new neighborhood parks and four new community parks beyond those that are in the current planning status. For the long-term, as I mentioned, 39 acres of operational city parks, there will be an additional 61 acres of operational parks after completion of the 56-acre community park and also Chateau Park, and an additional 152 acres of park land will bring the total to 252 acres. There will be a need to acquire an additional 96 acres for long-term park development and achieve the directive of a parks (inaudible) 348 acres of operational park and for the future as you continue to grow. Using the 1999 dollar values, in terms of land acquisition, we have some discussion, by the way, in the Commission meeting last night about information that we had received from your local real estate organizations with regard to institutional land categories and their pricing values, and those pricing values were given to us at somewhere between five and ten thousand dollars an acre. That value, as we discussed it in Commission and also with a gentleman participating from a school district, Jim Carberry, yeah. We - Jim mentioned that the School District is paying far in excess of that for the land that they're acquiring, and they're probably doing about as good as anybody can do in terms of land pricing. So we re-evaluated the valuation of the institutional land, and that's been adjusted, and so the 152 acres using 1999 dollar values could be anywhere from 3.8 million to 4.56 million. The important thing to recognize there is that the plan itself does not suggest that you go out and acquire land and use, you know, in the sense of .. -- Meridian City Coun~eting November 16, 1999 Page 3 on-the-market value, but there are other methods in terms of acquiring land or property that should be looked at and also that you should consider moving with a joint program with the School District or Police Department or others to secure land suitable for neighborhood community parks. Using the cost per acre and classifications and number of (inaudible) needed for the 2010 development objective identified in the Comp Plan, the (inaudible) facilities development costs could range from 15 to 35 million dollars. Again, that's not something that is suggested in the Comp Plan that you go out and try to spend today or tomorrow or try to create a bond program to do today or tomorrow. There's other methods. Sort of a ramping up process is designed into the plan that addresses that on an on-going basis. The total parks acquisition, development program identified, would range anywhere from 18.8 million to 39.5 million. Now, if we can turn to Page 44 of the document, the blue-covered document that you have in front of you which is Comp Plan, and you look at on Page 44, the chart or table, I should say, that is called the Parks and Recreation Development Program for 2000 to 2010, in the planning process, we begin to define the neighborhoods and the population centers and growth of population, not only throughout the City, but within the areas that are defined as urban growth boundaries or urban growth areas. In looking at these as well as the street locations, the neighborhood patterns, population, popular types of population and so forth, we begin to define these recreation service areas of which there are six that are designed into the plan. These recreation service areas then would contain a certain number of recreational assets that would develop community parks, neighborhood parks, so forth. You can see by that chart how the distribution of these assets throughout the community would begin to occur. We also within the plan identified a number of things with regard to organization if you turn to Page 46 and 47, you can see two organizational charts side-by-side that deal with the administration and the operations, maintenance of the parks system, and what we have on 46, on page 46, is an existing organizational structure. What we have on Page 47 is an organizational structure that begins to more effectively deal with the management and the operations and maintenance of a Parks and Recreation system as it matures. Now, one of the things that we found in the research and in the analysis is that the weakest area of recreation services that we have is in recreation programming. That is in the actual programming of recreation classes, recreation activities and so forth throughoutthe community. A key to that, and one of the keys to that, one of the most effective tools to have in place to support that kind of activity is a community recreation center or community recreation centers. There's two different levels to be looked at in that regard. One is a more larger unit which is in very high demand as expressed by the public here, and something very needful expressed by the public here, and also in our own analysis, it shows statistically, that without a recreation center or a fairly large recreation center, you are really not able to effectively serve the year- round recreational needs of the population. Those recreational needs in the wintertime especially become important to the population because of the climate conditions that exist in the wintertime and the indoor recreational opportunities that a recreation center would provide. There is a second level of recreational Meridian City Counfteting .. November 16, 1999 Page 4 center which is much smaller, more (inaudible) type of recreation center. It still gives indoor space capability, but outdoor space capability as well for year-round utilization. So, as this organization begins to develop and we look at recreation services and recreation programming, turn to Page 49,48 and 49, and based upon the recreation categories and the needs for recreation, the type of recreation programming within the department, the organizational structure will really need to focus on this very aspect of the City's services. Not only for the benefit of the community of Meridian, but certainly for all those who- associations and private non~profit organizations, church groups and other organizations within the community that participate in recreational activities. So, recreation management and recreation program services in the community will take on a much more weighty role in the overall Parks and Recreation Development Program. I'd like to draw your attention, very quickly, to Page 81. What we found in our research and our working with Tom and his staff and also with the Parks and Recreation Commission is that the Advisory Commission itself is not really functioning with a set of policies. The policies are essentially non- existent in terms of directing the future and guiding the day-to-day practices of the Commission to the extent that they address specific issues in Parks and Recreation; for instance, park land acquisition policy is a very critical policy to have in place not only a policy, but specific guidelines to have in place. The reason for that is it protects you as Council members, and it protects the Department, and it protects the Commission against those people who, for whatever reason, may want to try to influence anyone of you in terms of going about a property acquisition process outside the bounds of a public process; in other words, they want to try to do it privately. It gets you into strange waters as it were, for the legal standpoint and also not really meet the public interest as defined in the Comprehensive Plan and so we feel that it's very important to establish a park land acquisition policy and the guidelines specifically designed into your policy procedures to gUide that acquisition process. A park facility improvement policy needs to be in place where it looks at the opportunities with the School District, it looks at opportunities of developing joint programs as well ADA barrier free and ADA compliant. In terms of access, recreation programs and services policy, which is defined, and all ofthese pOlicies that are included in the pages in the - through the 80s there, 81 on through 84, 85, are all policies which give you the what we call the umbrella policy structure in which saying some of these policies there may be specific guidelines, specific detail, procedural statement~ that are adopted as well in order to address a particular matter. I'd like to draw your attention to 85, Page 85, to 5.1 E. That is an economic performance and finance policy. Language there becomes self- evident in terms of what is trying to - the intent of this policy, the City will identify and participate in growth impact related public service fees and organize assessment in such as - you'll see the word "benefit assessment." Now, the so- called developer fee which was supposed to be the answer to all of our problems in terms of land or acquisition of property for Parks and Recreation services, not only in this state or in this community, but throughout the western United States is just simply not working. It's not effective enough to really develop the .. -- Meridian City Cou~~eting November 16,1999 Page 5 recreational assets to support the populations generated by the populations created again in those developments. Their needs are not being met, nor can the cities or counties that are dealing with the growth management or developer impact fee policies effectively carry out a program of recreation services at a level to sustain the recreation demand that's created again by the population generated. A benefit assessment structure designed to create a benefit assessment district and base that upon an equity formula that is on a per cap basis or per parcel basis, not on land values. There's a very important tool to begin to consider utilizing. What it does is create the project, the plan, the Comprehensive Plan. It creates the policy document for the project. The 56- acre, for example, park which is now being master planned creates a project definition. It's designed, its costs are understood. That is a benefit that the publiC then understands in relationship to what they're bidding, what they're paying for, what they're buying. And then the benefit is disbursed throughout the entire city. The city itself becomes the benefit assessment district because that park perceivably being of its size and nature serves the entire community's needs in one fashion or another, and so the equity - it's not tied to property values, again. Property values as a matter of fact, have nothing to do with recreation whatsoever. Nothing. If I have a home with a half a million dollar house and my wife - myself only, and our attorney here has 50,000 with eight kids, guess who's going to place a greater demand on the park. Yet, his payment in terms of the (inaudible) resource values is far different than mine, and I may never use the park. (inaudible) Landerman-Moore: I doubt if I'd ever use it. The fact is, yeah, I'd probably have more time to - I don't know about that. We consultants and j;lttorneys both stay pretty busy fellows, but the fact is that a benefit assessment structure becomes a lot more valuable tool. What we had done is we've given Tom some legal language to consider there to advance through City Council to legal counsel, begin to discuss how you would effectively organize benefit assessment structure for this community. There are a number of other policies and standards that are designed to the Comprehensive Plan to take it forward. Now, when we look at land acquisition, it's, I think, recognized by everybody that if you wait until all the properties are developed, if you wait until all the community development actions have taken place, and there is not a land banking process in effect, then by the time you get around to building a park, just like the School District testified to last night, there's no land. Either that or the land is so expensive that there's no way that you could ever accomplish what it is you intend to do in terms of providing public service. So we suggest very strongly in the Comprehensive Plan that you move forward with the land acquisition development program on a city-wide basis in these various service areas that are defined, six areas defined and get ahead of the curve, if you will. Try to get ahead of this process so that you're working more closely to land as it is being developed and theh working with the developers and the builders to consolidate land areas or dedication of fees to . -- Meridian City Council Meeting November 16, 1999 Page 6 acquire land in areas so you can create a neighborhood and community parks that are going to be necessary. There's one thing about the economics and the benefits of recreation that we have learned both at the national level and local levels, and I'd like to pass that on to you, and I'm sure you recognize it. The statement that I have made before in the workshops and I'll make here as a matter of record is that you have a clear choice in today's society is to how you treat the investment value of publiC dollars in public services when it comes to recreation. It can either recreate or you can incarcerate. I'll certainly wager that anyone of you could measure in your minds the cost of incarceration as compared to the cost of recreation. When we look at the load on public services in terms of dollar values and we look at recreation as a benefit, there is a real and factual benefit has now been defined quite well by National Recreation Parks Association and by other organizations including police officer organizations in this country that has to be taken into consideration. So the value of that recreation development program, I think, has dividends and payback capability 1hat go beyond the hard cash payback. That's just a very brief overview of the Comprehensive Plan as Tom has mentioned. What we're going to be doing is including the graphics, setting in the - some additional changes and modifications there, the Parks Commission is meeting on the second, and again, to review this document. They're going to have their responses back to me right around the 15th of December, and then right after that, we will look forward to your response as well, as well you will have copies of that same document in its more final form, and then in January, we'll be holding a public meeting as well on the second, and then in January, we'll come back to review this with you in a public hearing and submit it for your acceptance and eventual adoption. I'd like to say that there's - in closing, before we go into Q & A, there's a fairly good response, I think, in the workshops from the public. We measure the response in this kind of work not simply by numbers, it's the quality of input that we look for. We have subsidentive (sic) quality input in those workshops. There were number of interest expressed, views, (inaudible) views in some cases, but or (inaudible) views in some cases, I should say, and then -I think overall we had good quality input. But independent of that, we have been doing a lot of research and a lot of analytical work as manifest by what you're seeing in this Comprehensive Plan to get to the participation rates and get the kind of detailed data that we need to make critical decisions on and make recommendations on in this Comp Plan. So, as far as lean tell, it's subsidentive. It has good factual basis data. We have some problems with the demographics, trying to get that settled down, after we discovered a number of flaws in the demographic recording in the county and the state, we needed to really tighten up on that, so we went to work through our company out of New York and who did some additional demographics analysis for us so that we could better understand the profile of the community and people in Meridian. With that, I'll certainly open up to discussion at your pleasure.a Corrie: Thank you, Norm. Questions? Bird: I have none. Meridian City counfteting November 16,1999 Page 7 -- Corrie: (inaudible) Mr. Rountree. Rountree: Table 3, there's two - (inaudible) reference to the Recreation Services. I have not had an opportunity (inaudible) to read this. (inaudible) map that demonstrates where those - Landerman.Moore: Yes. That- Rountree: Is there a narrative that explains those? Landerman-Moore: Yes, that is correct. Rountree: Is that in here? Landerman-Moore: No. The narratives and the map will be forthcoming as a part of tied to the map. There'll be several maps, in fact, back in the beginning of right after the list of tables in the very front or just before the list of tables in the very front of the document, you'll see a list of illustrations. In the needs assessment, 2-1, Section 2, you'll see the Meridian Recreation Service areas, and they'll be - Mr. Rountree, there will be a map in there, there will be a description of the map as justification. Of course, there will be several other models and maps which will be included in the report. That, by the way, that Table 3-2 is really the core map of how to allocate the assets throughout the city to better serve the community on a more balanced basis Rountree: We'll be seeing those about when? Landerman-Moore: Second. Second of December. We would have had them now, but the fellow working on the computer had a death in the family, and there was an interruption of work flow and this was hot off the press when I left yesterday, and so - we didn't quite have (inaudible). I apologize for that. Rountree: Procedural question, Mr. Mayor, if we have comments and conditions and whatever on the graph that we have now (inaudible) Kuntz: Yeah. That'd be preferable on those questions through you. Corrie: Okay. Anyothers? Mr. Gigray. Gigray: I would just recommend that you might consider having us review a copy of this before you go to the public sector with it because as you may well know, Idaho has some very severe restrictions about what local governments, units, can do with regards to raising funds, and unless there's expressed statutory authority for taxes which if it isn't a fee generated on the basis of the providance of the service, if it's for general revenue purposes, it's considered a tax under Meridian City coun.eling .. November 16,1999 Page 8 state laws. I know that those rules aren't as strict in a lot of other states, so I would just encourage that we ought to take a look at it at some point particularly if you have funding issues associated with that. Landerman-Moore: Well, that question was raised last night, and I think it's an important one to (inaudible) out. You know, and I don't know how you feel about pioneering, enabling legislation, there's many movements going on I understand in the state to look at how your legislation is impeding public services and how the people feel about their needs in relationship to being taxed or assessed in certain ways; that certainly is an important one to begin to (inaudible) out. Corrie: Okay. Any other questions for Norm? Thank you for presentation- Landerman-Moore: Thanks, gentlemen. I appreciate the opportunity to work with you and look forward to seeing you on the second. Corrie: Okay. (inaudible discussion amongst Council members) Trainor: I'm Charles Trainor with the Community Planning and Zoning Association of Southwest Idaho, 413 West Idaho, Boise, 83702. Appreciate the opportunity to be here tonight. I know that some of you have probably seen this project several times and are deeply familiar with everything that is to be presented here. Would like to talk tonight about, very briefly, about Treasure Valley Futures. It's a project that we've been working on at Community Planning Association for about a year now. We were awarded some funding this May and have spent the summer getting organized, and now we're out here doing some outreach on this. This project is land use transportation analysis that's going to be occurring over the two-county area. We're going to be involved in both counties, 14 cities and five highway districts and 360,000 at least we're wildly optimistic about how many people can actually get involved. That's our target. We're doing this because we're basically, as you experienced deeply here in Meridian, growth has really been challenging us. We have about 88,000 people moving into the Valley since 1990, about three percent growth rate, a very high growth rate compared to the U.S. which runs under one percent. There have been a lot of changes in the Valley because of that. Those numbers are shown on the material I handed out to you. Basically, 27 percent increase in housing, 29 percent increase in population, 22 percent increase in drivers, but a whopping 41 percent in the number of registered vehicles in the two counties. However, we only have about a 14 percent increase in the roadway capacity in the sense of adding new lanes, aisles of public road. At the same time, there's been about 49,000 acres of farmland lost in the process of this growth. That's one of the things that we're going out to the communities and saying, well, how much more farmland is going to be given up to urban development? Today there's about 370,000 vehicles in the two counties, nearly one for every person; we have about Meridian City counfteting .. November 16,1999 Page 9 a third of the population, however, that can't drive. That's becoming more and more challenges - the communities are getting more and more spread out. Of course, the big challenge is all that is creating a tremendous increase in traffic on the road. Basically, a vehicle miles of travel typical measures about twice the rate of increase of population because you get more people and also living further and further apart. This has been a real challenge, and basically, in creating this conflict as the cities grow out, farmland is chewed up, the farms that are at the edge of the cities, the developing areas or even isolated pockets of development sometimes becomes a real conflict between real farming and what might be called suburban or very low density suburban development. This is a good time for this project to occur. This is sort of a - we get a chance to look forward and seek growth and sort of pick the future of the two-county area. Now, we got this grant, basically, we had a grant we applied for, 544 proposals were submitted, we were one of 19 across the U.S. that were funded. We felt very pleased about that, and one of the reasons we got funded was because we felt this was a challenging project and trying to bring together some different partners into the mix to involve more citizens and businesses in this sort of project. There are five goals in this - under this grant that we applied for. The first is to improve the efficiency of the transportation system. That can mean basically how you make roads better, how do you make alternative choices, more people able to walk or bus to where they want to go. The other thing is to reduce the impact of transportation on the environment. That can mean cleaner buses, it can also mean better designed streets so there's less problem from those streets on the community. So then you're looking at that. We want to reduce the need for costly infrastructure investments. Showing here the Flying Y project: 70 million dollar, approximately, project. Already in some of the 1-84 corridor studies (inaudible) optimistic or pessimist engineer, it looks like that certain section of the interstate may have to be 12 lanes to handle the traffic in the future. It's my imposing for the community and certainly imposing for the pocketbook. Finally, to ensure efficient access or second (inaudible) access to job services (inaudible) make sure that people can get where they're going as quickly as possible, and finally, is to encourage private~sector development patterns which meet these purposes. So those are the wafty goals put out by the general highway administration in awarding this. They gave it to this area because they felt that this area has a real opportunity to look and see what could be done in a smaller urban setting. Basically, we're not Portland, we're not San Diego. We don't have massive cities. Can we make it work here in communities that are a lot more typical of what you find throughout the west once you move away from the coast. We also felt that this was an opportunity to demonstrate effective local control and hum-drum solutions. We don't want this sort of (inaudible) here's what they're doing in San Diego and it should work here. We all want to get citizens to think about what kind of communities they want, and we also believe that the elected officials are really pumped for this. There is a lot of activity such as the Treasure Valley Partnership that really provided leadership in getting this grant that was a very (inaudible) factor in making it happen. The primary objective to this project, first of all, to educate citizens and elected officials about where and ,..--......~...-.,. .. ........--.... .---, ,-"-... Meridian City CounciliVIeeting November 16,1999 Page 10 how communities can grow, some of the discussion from the gentleman presented the parks - you're growing whether you make that growth work for you, discuss what we're going to be doing, what we want for the future of our communities. Again, we're talking about 14 cities. Both counties. Also look at obstacles that get in the way of the future we want. One of the issues is sometimes they're saying, well, maybe you ought to have more growth in the cities, denser communities, mixed uses. A lot of times that's not happening. We want to find out why not. Is it just citizens don't want it to happen which is perfectly legitimate. Are there other obstacles to having a denser community? We want to define realistic tools. Basically, come out of this project with things that staff, your staff like Shari, can put to work. We don't want a lot of pretty pictures. We want things that you can actually, you know, changes in subdivision ordinances, zoning ordinances, Comprehensive Plans, financial policies of lending institutions and so forth that can actually be put to work. We are looking for solutions for real setting in this project. We have a lot of project partners in this. Public policy makers, such as yourself, we're trying to mix them together with community partners that are listed on the material I handed to you. All of these people are supposed to come together over this next year to work on this project. The elements of this project is first of all, what we're doing right here, going to talk to elected officials, Planning and Zoning Commissions, Highway District Commissions, anybody we can get to to let them know that this project coming up and try to get their involvement in it. The second one is this regional trend baseline from the demographic issues. If we continue to grow, what's going to happen in the two counties over the next 20, 30 years. Some of the numbers that Ronnie Garing~Pratt (sic) of our office developed in request of Treasure Valley Partnership communicated that just based on current plans, you could have a population of in excess of 700,000 in the two counties; roughly double what we have here today. Employment would also double in the area. So back to what I said about vehicle miles of travel increase is twice as fast as the populations. So if you have a doubling of population, you're going to have four times as much travel on the road as you have today. Benchmark (sic) Three is to look at those barriers. To go community by community and say, if you want higher density, if you want mixed uses in your community, we're making a leap of faith there, what is it that's in your plans, your subdivision ordinances that does not permit it, what about the infrastructure, the sewer, the water capacity. I think one of the important ones is what are the prospectives of citizens and developers on these type of alternative land use patterns? If people say do you need eight, nine units per acre in your community in certain areas, and I know one of the big things is people oppose that. Well, alii want is exactly what we have here. In one meeting I sat in the City of Eagle, the people (inaudible) one-acre slums coming into our area which I thought was kind of unusual. Benchmark Four is to basically take those barriers and turn them around and basically create tool kits. Basically - here's what this community can do. Here's what it can change to come out with graphic images the developers can use that if you want mixed uses, if you want higher densities, a lot of times the developer's saying we need pictures. Show us what you want so we can build to that image and feel greater . e RESOLUTION NO. 263 BY: /Ceil-It- If.-lr~ {J k c:?&vV"Y7~cz...-- A RESOLUTION FINDING THAT THE OWNER OF CERTAIN REAL PROPERTY HAS MADE A WRITTEN APPLICATION FOR THE AMENDMENT OF THE MERIDIAN COMPREHENSIVE PLAN GENERALIZED LAND USE MAP COMPONENT FOR THE DESIGNATION OF REAL PROPERTY THAT LIES PARTIALLY WITHIN THE BOUNDARIES OF THE CITY OF MERIDIAN AND PARTIALLY WITHIN THE IMPACT AREA OF THE CITY OF MERIDIAN FROM "SINGLE-FAMILY RESIDENTIAL DESIGNATION TO A MIXEDIPLANNED USE DEVELOPMENT DESIGNATION" AND REPEALING ALL ORDINANCES, RESOLUTIONS ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO PREPARE THE APPROPRIATE MAPPING CHANGES OF THE OFFICIAL COMPREHENSIVE PLAN GENERALIZED LAND USE MAP COMPONENT AND DIRECTING THE CITY CLERIC TO NOTIFY AND PROVIDE A CERTIFIED COPY OF THE RESOLUTION TO THE APPROPRIATE ADA COUNTY OFFICIALS. BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: Section 1. Findings: 1. The owner of the following described property has made a written application for a real property designation Comprehensive Plan Amendment to the Generalized Land Use Map Component change from a Single Family Residential designation to a Mixed! Panned Use Development designation. 2. The City of Meridian Planning and Zoning Commission and the City Council having given notice and conducted all public hearings in accordance with law, and having duly notified Ada County of said application and having received their comments, and having issued its Findings of Fact and Conclusions of Law, Decision and Order Granting the Application; and RESOLUTION - PAGE 1 OF 3 . e 3. The Real property which is the subject of this resolution is legally described as follows: See attached Exhibit '~" Section 2. The above described real property be and the same is hereby re- designated on the Comprehensive Generalized Land Use Map from Single Family Residential to Mixed! Planned Use Development. Section 3. The engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official Comprehensive Plan Generalized Land Use Map component in conformance with the provisions of the Resolution. Section 4. The City Clerk is to notify and provide a certified copy of the resolution to the appropriate Ada County officials to notify them of the comprehensive plan amendment. Section 5. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. Section 6. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. PASSED ~THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this I[,-%' day of r?l'?-'bt-v , 1999. ~YlOVED ~THE ~YOR OF THE CITY OF MERIDIAN, IDAHO, this A -dayof (/ve~ ,1999. ~YtJ~ ayo ATTEST: J!~~;Je." C) City Clerk y ~ RESOLUTION - PAGE 2 OF 3 . . STATE OF IDAHO, :ss. County of Ada, ) On this /7 -f'~ay of /Z~ , 1999, before me, the undersigned, Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~ A &wd... - No~a?, Publi~~ Idaho /J I ResIdmg at: ~ (~ ~&.f 4:l!d My Commission Expires: Jj".- tJ L- -0 <f , msglZ:\Work\M\Meridian 15360M\Eagle Rd Comp Plan\ResolutionCPA RESOLUTION - PAGE 3 OF 3 / e . ... . SCHEDULE 1\ PARCEL A Part of the southeast quarter of the Northeast quarter of section 5, Township 3 North, Range 1 East, of the Boise Meridian, Ada county Idaho, described as follows: Commencing at the Northeast corner of section 5, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, thence South on the East line of said section 5 (which is the middle of State Highway No. 69) for a distunce of 2,283.0 feet to a spike in the center of State Highway No. 69, the REAL PLACE OF BEGINNING; thence North 89048' West for a distance of 1,317.]] feet to a point in the Westerly fence line; thence North O.ooOB' West for a distance of 320.0 feet to a point; thence south 89048' East for a distance of 1,318.0B feet to a spike in the East line of said Section 5; thence south along the East line of said Section 5 for a distance of 320.0 feet to a spike in the middle of said State Highway No. 69, the REAL POINT OF BEGINNING. EXCEPT ditch and road rights of way. EXCEPT right of way f~- EAGLE ROAD. PARCEL B Part of the Southeast quarter of the Northeast quarter of Section 5, Township 3 North, Range 1 East, of the Boise Meridian, Ada County Idaho, described as follows: Commencing at the Northeast corner of Section 5, Township 3 North, Range 1 East, Boise Meridian, Ada county, Idaho, thence South on the East line of said Section 5 (which is the middle of State Highway No. 69) for a distance of 2,610.96 feet to a spike in the center of state Highway No. 69, at the E~st quarter corner of said Section 5, the REAL PLACE OF BEGINNING; thence South 89045' West for a distance of 1,316.54 feet to the 1/16th corner of said Section 5, a 3/4" steel pin; thence North 0.0008' West for a distance of 339.07 feet to a point; thence South 89048' East for a distance of 1,317.33 feet to a spike in the East line of said Section 5; thence South 327.86 feet along the East line of said Section 5 to a spike in the middle of State Highway No. 69, REAL POINT OF BEGINNING. EXCEPT ditch and road rights of way. EXCEPT right of ways for EAGLE ROAD and STOKESBERRY LATERAL. EXHIBIT "A" CP A-99-00 1 . . CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN A RESOLUTION FINDING THAT THE OWNER OF CERTAIN REAL PROPERTY HAS MADE A WRITTEN APPLICATION FOR THE AMENDMENT OF THE MERIDIAN COMPREHENSIVE PLAN GENERALIZED LAND USE NlAP COMPONENT FOR THE DESIGNATION OF REAL PROPERTY THAT LIES PARTIALLY WITHIN THE BOUNDARIES OF THE CITY OF MERIDIAN AND PARTIALLY WITHIN THE IMPACT AREA OF THE CITY OF MERIDIAN FROM "SINGLE-FAMILY RESIDENTIAL DESIGNATION TO A MIXED/PLANNED USE DEVELOPMENT DESIGNATION" AND REPEALING ALL ORDINANCES, RESOLUTIONS ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO PREPARE THE APPROPRIATE NlAPPING CHANGES OF THE OFFICIAL COMPREHENSIVE PLAN GENERALIZED LAND USE MAP COMPONENT AND DIRECTING THE CITY CLERI( TO NOTIFY AND PROVIDE A CERTIFIED COpy OF THE RESOLUTION TO THE APPROPRIATE ADA COUNTY OFFICIALS. BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: Section 1. Findings: 1. The owner of the following described property has made a written application for a real property designation Comprehensive Plan Amendment to the Generalized Land Use Map change from a SiDgle Family Residential designation to a Mixed! Panned Use Development designation. 2. The City of Meridian Planning and Zoning Commission and the City Council having given notice and conducted all public hearings in accordance with law, and having duly notified Ada County of said application and having received their comments, and having issued its Findings of Fact and Conclusions of Law, Decision and Order Granting the Application; and 3. The Real property which is the subject of this resolution is legally described as follows: See attached Exhibit (~JJ . . Section 2. The above described real property be and the same is hereby re- designated on the Comprehensive Generalized Land Use Map from Single Family Residential to Mixed! Planned Use Development. Section 3. The engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official Comprehensive Plan Generalized Land Use Map component in conformance with the provisions of the Resolution. Section 4. The City Clerk is to notify and provide a certified copy of the resolution to the appropriate Ada County officials to notify them of the comprehensive plan amendment. Section 5. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. Section 6. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. STATE OF IDAHO, /! William G. Berg, Jr. City Clerk :ss: County of Ada, . ~ II On this /7 day of 'fL~ ,in the year 1999, before me, H N I +J4. ]) () IJ&U~ VI. ~ , a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, I~,~,~at executed the said instrument, and acknowledged to me that he execute<1.t<<eaMB!~ehalf of the City of Meridian. .l ~ .....;;\ l'.... ~ f... 't' .' . f!ii f o't~lt y : oil \ /J --.. //1 A1 . /-' :<. ~ .' v. : ~IJL...~ · · , \: .0. (SEA\,);, Ptr~V .: ~ i Notary Public for Idaho \,oil ...............~ ~.l Commission Expires: j J- 0 2/ 0 fF ........r1' ATE 0-<( ...., ." II' msgtZ:\Work\M\tf~fMM^"!r360M\Eagle Rd Comp Plan\CertofClIcCPA / /' ,/ . . BC:S:EDULE 1\ PARCEL A Part of the Southeast quarter of the Northeast quar~er of s~ction 5, Township 3 North, Range 1 East, of the 80 ise Meridian, Ada County Idaho, described as follows: Commencing at the Northeast corner of Section 5, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, thence South on the East line of said section 5 (which is the middle of State Highway No. 69) for a distonce of 2,283.0 feet to a spike in the center of State Highway No. 69, the REAL PLACE OF BEGINNING; thence North 89048' West for a distance of 1,317.33 feet to a point in the Westerly fence line; thence North O.ooOS' West for a distance of 320.0 feet to a point; thence South 89048' East for a distance of 1,318.08 feet to a spike in the East line of said Section 5; thence South along the East line of said Section 5 for a distance of 320.0 feet to a spike in the middle of said state Highway No. 69, the REAL POINT OF BEGINNING. EXCEPT ditch and road rights of way. EXCEPT right of way f~- EAGLE ROAD. PARCEL B Part of the Southeast quarter of the 5, Township J North, Range 1 East; County Idaho, described as follows: Northeast quarter of Section of the Boise Meridian, Ada Commencing at the Northeast corner of Section 5, Township J North, Range 1 East, Boise Meridian, Ada County, Idaho, thence South on the East line of said Section 5 (which is the middle of State Highway No. 69) for a distance of 2,610.96 feet to a spike in the center of State Highway No. 69, at the E~st quarter corner of said Section 5, the REAL PLACE OF BEGINNING; thence South 89045' West for a distance of 1,316.54 feet to the 1/16th corner of said Section 5; a J/4" steel pin; thence North 0.0008' West for a distance of 339.07 feet to a point; thence South 89048' East for a distance of 1,317.33 feet to a s~ike in the East line of said Section 5; thence . South 327.86 feet along the East line of said Section 5 to a spike in the middle of State Highway No. 69, REAL POINT OF BEGINNING. EXCEPT ditch and road rights of way. EXCEPT right of ways for EAGLE ROAD and STOKESBERRY LATERAL. EXHIBIT "A" CP A-99-00 1 RESOLUTION NO. 264- BY: /Ze/!/'L !Jlf-d- {i;1:J t&unUL~ A RESOLUTION FINDING THAT THE OWNER OF CERTAIN REAL PROPERTY HAS MADE A WRITTEN APPLICATION FOR THE AMENDMENT OF THE MERIDIAN COMPREHENSIVE PLAN GENERALIZED LAND USE MAP COMPONENT FOR THE DESIGNATION OF REAL PROPERTY THAT LIES PARTIALLY WITHIN THE BOUNDARIES OF THE CITY OF MERIDIAN AND PARTIALLY WITHIN THE IMPACT AREA OF THE CITY OF MERIDIAN FROM "SINGLE-FAMILY RESIDENTIAL DESIGNATION TO A COMMERCIAL DEVELOPMENT DESIGNATIONI1 AND REPEALING ALL ORDINANCES, RESOLUTIONS ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO PREPARE THE APPROPRIATE MAPPING CHANGES OF THE OFFICIAL COMPREHENSIVE PLAN GENERALIZED LAND USE MAP COMPONENT AND DIRECTING THE CITY CLERK TO NOTIFY AND PROVIDE A CERTIFIED COpy OF THE RESOLUTION TO THE APPROPRIATE ADA COUNTY OFFICIALS. BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: Section 1. Findings: I. The owner of the following described property has made a written application for a real property designation Comprehensive Plan Amendment to the Generalized Land Use Map Component change from a Single Family Residential designation to a Commercial Development designation. 2. The City of Meridian Planning and Zoning Commission and the City Council having given notice and conducted all public hearings in accordance with law, and having duly notified Ada County of said application and having received their comments, and having issued its Findings of Fact and Conclusions of Law, Decision and Order Granting the Application; and 3. The Real property which is the subject of this resolution is legally described as follows: RESOLUTION - PAGE 1 OF 3 A parcel of land located in the NW1/4 of the NEl/4 of Section 9, T.3N., R.IE., B.M., Ada County, Idaho, more particularly described as follows; Commencing at the Nl/4 corner of said Section 9 from which the NE corner of said Section 9 bears South 89022'32" East, 2659.01 feet; thence along the North-South center line of said Section 9 South 00048'14" West, 49.74 feet to a point on the South right~of-way line of Fairview Ave. (US Highway 30), said point being the REAL POINT OF BEGINNING; thence along said South right-of-way line South 89035'24'1 East, 708.66 feet; thence leaving said South right-of-way line South 14059'3211 West, 276.87 feet; thence South 00048'14" West, 554.06 feet; thence North 89035'24!1 West, 640.79 feet to a point on the North-South centerline of said Section 9; thence along said North-South center line North 00048114" East, 822.02 feet to the Real Point of Beginning, containing 12.30 acres, more or less. Section 2. The above described real property be and the same is hereby re- designated on the Comprehensive Generalized Land Use Map from Single Family Residential to Commercial Development. Section 3. The engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official Comprehensive Plan Generalized Land Use Map component in conformance with the provisions of the Resolution. Section 4. The City Clerk is to notify and provide a certified copy of the resolution to the appropriate Ada County officials to notify them of the comprehensive plan amendment. Section 5. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. RESOLUTION - PAGE 2 OF 3 Section 6. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. PASSED ~'l:THE CQUNCIL OF THE CITY OF MERIDIAN, IDAHO, this if +/;... day of tYPl/~frl.-be1.." ,1999. APPROVED k{THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~ day of (JI/t f/IV~ , 1999. ~M)?f)c=== a or ........ \),\ HH~Htm I 'tt It 'III/; ",,,.;:;;~~"'\ ti4--1:~~.. /0 ~'Y\ i \ \ ~QJ(f f ~ 110 151 ' .f? .f ~"';'/~ CoUNT'< . ~~""'" 1IIIf'IIHl tHll\\\\\ :z: ~~~~,~ City Clerk (/ v STATE OF IDAHO, :ss. County of Ada, ) On this L day of tt~~Att-'..u , 1999, before me, the undersigned, Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the City of Meridian, Idaho, and who executed the within instrument, and aclG10wledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~~~~~...., ~ ~1~~qffq6'qq6' l+"".;..........~<I'</~ tZ IJ &. I "{' /'^ < 0 T Aft -e ~ " / Y:. ../ '.H' /J JA.--' (SfW;) '" }- \ ! Notary PUbli~hO ~ * \e <' < . j * i Residing at: J, , I~.J A '\ ~)'"'''' . l My Commission xpires: jI.--() L- -0 c.{ ~""" -1 l' "". . ..~:-" mSglz:\w~VE~~~\~I)"I'53 60M\Developers Diversified\Resolution.CP A RESOLUTION - PAGE 3 OF 3 CERTIFICATE OF CLERIC OF THE CITY OF MERIDIAN A RESOLUTION FINDING THAT THE OWNER OF CERTAIN REAL PROPERTY HAS MADE A WRITTEN APPLICATION FOR THE AMENDMENT OF THE MERIDIAN COMPREHENSIVE PLAN GENERALIZED LAND USE MAP COMPONENT FOR THE DESIGNATION OF REAL PROPERTY THAT LIES PARTIALLY WITHIN THE BOUNDAlUES OF THE CITY OF MERIDIAN AND PARTIALLY WITHIN THE IMPACT AREA OF THE CITY OF MERIDIAN FROM "SINGLE-FAMILY RESIDENTIAL DESIGNATION TO A COMMERCIAL DEVELOPMENT DESIGNATION" AND REPEALING ALL ORDINANCES, RESOLUTIONS ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO PREPARE THE APPROPRIATE MAPPING CHANGES OF THE OFFICIAL COMPREHENSIVE PLAN GENERALIZED LAND USE MAP COMPONENT AND DIRECTING THE CITY CLERIC TO NOTIFY AND PROVIDE A CERTIFIED COPY OF THE RESOLUTION TO THE APPROPRIATE ADA COUNTY OFFICIALS. BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: Section I. Findings: I. The owner of the following described property has made a written application for a real property designation Comprehensive Plan Amendment to the Generalized Land Use Map change from a Single Family Residential designation to a Commercial Development designation. 2. The City of Meridian Planning and Zoning Commission and the City Council having given notice and conducted all public hearings in accordance with law, and having duly notified Ada County of said application and having received their comments, and having issued its Findings of Fact and Conclusions of Law, Decision and Order Granting the Application; and 3. The Real property which is the subject of this resolution is legally described as follows: A parcel of land located in the NWI/4 of the NEl/4 of Section 9, T.3N., R.IE., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the N 1/4 corner of said Section 9 from which the NE corner of said Section 9 bears South 89022'32" East, 2659.01 feet; thence along the North-South center line of said Section 9 South 00048' 14" West, 49.74 feet to a point on the South right-of-way line of Fairview Ave. (US Highway 30), said point being the REAL POINT OF BEGINNING; thence along said South right-of-way line South 89035'24" East, 708.66 feet; thence leaving said South right-of-way line South 14059'32" West, 276.87 feet; thence South 00048'1411 West, 554.06 feet; thence North 89035'24" West, 640.79 feet to a point on the North-South centerline of said Section 9; thence along said North-South center line North 00048' 1411 East, 822.02 feet to the Real Point of Beginning, containing 12.30 acres, more or less. Section 2. The above described real property be and the same is hereby re- designated on the Comprehensive Generalized Land Use Map from Single Family Residential to Commercial Development. Section 3. The engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official Comprehensive Plan Generalized Land Use Map component in conformance 'With the provisions of the Resolution. Section 4. The City Clerk is to notify and provide a certified copy of the resolution to the appropriate Ada County officials to notify them of the comprehensive plan amendment. Section 5. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. Section 6. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. STATE OF IDAHO, :ss: County of Ada, ~ On this /1 r<.. day of '11 fi1Jf ttlilM. , in the year 1999, before me, 'f:::[:./IJd--t4 1) 0 JGd..L-, tV , a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho, that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. .......'1...'1'il~' l~~ /J /i //J f :~..o+o'tAtl'" {h~,{.itv'V (~ ($At) _e- Notary Public for Idaho ~ * \ PU'B\.;\C: Commission Expires: //.....0 'l,..--O"Y \", 4>;:00000 9G o.s".":J' mSglz:~~~qt~~~~1Jn ] 5360M\Devclopers Diversified\CertofClk.CPA e e RESOLUTION NO. 268 BY: {!AtVli L i2P1t4L1r.ee.- Olh; t!&n7'lu.L~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN AND IONIC ENTERPRISES, INC., A CALIFORNIA CORPORATION AUTHORIZED TO DO BUSINESS IN IDAHO AS A FOREIGN CORPORATION. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with IONIC ENTERPRISES, INC., a California Corporation, denoted as "DEVELOPMENT AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with IONIC ENTERPRISES, INC., a California Corporation, entitled "DEVELOPMENT AGREEMENT", by and between the City of Meridian and Ionic Enterprises, Inc., a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. RESOLUTION FOR DEVELOPMENT AGREEMENT - PAGE 1 OF 2 WITH IONIC ENTERPRISES, INC. - . PASSED )j1. THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 16 fl day of /JI/e-,~~ , 1999. I/"~ APPROVE!} BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this I P day of !f!! Vel?1-'~ , 1999. ATTEST: ~p/J&;/l - I Y CLERI( ffisglZ:\Work\M\Meridian ] 5360M\Cobblestone Village\Resolutionlonic RESOLUTION FOR DEVELOPMENT AGREEMENT - PAGE 2 OF 2 WITH IONIC ENTERPRISES, INC. . e CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Clerk of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerk of this City, I am the C~dian of its records and minutes and do hereby certify that on the /60.- day of ?II/tin /;wt.,.. 1999, the following action has been taken and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERlDIAN, SETTING FORTH CERTAlN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAlD MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN AND IONIC ENTERPRISES, INC, A CALIFORNIA CORPORATION AUTHORIZED TO DO BUSINESS IN IDAHO AS A FOREIGN CORPORATION. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with IONIC ENTERPRISES, INC, a California Corporation, denoted as "DEVELOPMENT AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: CERTIFICATE OF CLERK/IONIC ENTERPRISES, INC. PAGE 1 OF 2 . - 1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with IONIC ENTERPRlSES, INC., a California Corporation, entitled "DEVELOPMENT AGREEMENT", by and between the City of Meridian and Ionic Enterprises, Inc., a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and d. . 1\1\111111111/1 con ItlOns. ,\\\11 OF Mt:-~:'I'I .. ,\' ..('" C:r;;;,,,> ......; .. .. " ~, ~" " ~ / Ci "cp"PDR.,,, '% \. . ~~ 9.- - ,-. <d'" ~ . ( SEAL ~ William G.- B~rg, If. 'V' ~"?, D;; - '-"- c... -:;.?: \J.(. ..,OJ ~ STATE OF IDAHO ~ <:f./) ~r 15"1. ~ $ , .........;,. C'". .<"\ ~ ,,';:' .I~I,. .-sfIf.J"a.~ \'V \'\' "1, 1'1:: , . \\\,\ County of Ada, ) 1IIIIJ/lIlIl\l\11 A On this / ft eJ,ayof IVoUcm bt.f- , 1999, before me, /l/UfI}.n. f)I6LLt (j , a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. . ..""...,.. ......... p. 0 \1,6' ....... ...... '<\. to- ........ :.t" lJ.. .....!:,..... .' '. ~~ ~ ~ ~- . .. ~ ~ (SEAl! v: l ~o'fAit~ \ \ . . . . : : ~... : * ! .. * . r . .. : . PTlp'~' 0 : ~ \ ~ .'~' ~ = ~d>.. o~ ..~.. ,~.. lJ. ~-1' -..Sol'.' . ...4It ~.. l' ".. .. .... 11 0 r' -, .... "" -,..' .,'........, ~1J~ otary Public for Idaho Commission Expires: I! -0 )-- U Y msgJZ;\ W ork\M\Meridian I 5360M\Cobblestone Village\CenofClkforResIonic CERTIFICATE OF CLERl<lIONIC ENTERPRlSES, INC. - PAGE 2 OF 2 RESOLUTION NO. . 27/ . BY: /Ce/fft 41rL- {l {}lWn Uf rhfV1-./ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN AND ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN AND GARY VOIGT. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with GARY VOIGT, denoted as "AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with GARY VOIGT, entitled "AGREEMENT", by and between the City of Meridian and GARY VOIGT, a copy of which is attached hereto marked as Exhibit "A" to this Resolution to bind this City to its terms and conditions. RESOLUTION - GARY VOIGT AGREEMENT - PAGE I OF 2 . . PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 16t!:: day of lI(Jve~~ , 1999. APPROVED BY )}:E MAYOR OF THE CITY OF MERIDIAN, IDAHO, this (6f1- day of$Ven..-/;er , 1999. G1f~ J~P~~ City Clerk \\\1111111'1/1/ \\\\ M.... 1111 \\' Of l~h:.';' "" "" ~" - .'(.(..:~'.:') '.1/; ~ c). . ~R.q <"v .,.,~. ~ ~Cpy\YV/l iC .;::. ~.::r () -::": ~ ~ 0\- ~.- ATTEST: RESOLUTION. GARY VOIGT AGREEMENT - PAGE 2 OF 2 . . CERTIFICATE OF CLERIC OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Clerk of the City of Meridian] a duly incorporated City operating under the laws of the State of Idaho] with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerk of this I~' I am the c~dian of its records and minutes and do hereby certify that on the r/. day of ove~, 1999, the following action has been taken and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERlDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORlZING THE MAYOR AND CITY CLERl( TO SIGN AND ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "AGREEMENT", BY AND BETWEEN THE CITY OF MERlDIAN AND GARY VOIGT. BE IT RESOLVED BY THE MAYOR-AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with GARY VOIGT] denoted as "AGREEMENT"] a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Clerk are hereby authorized to enter into and on behalf CERTIFICATE OF CLERK OF THE CITY OF MERlDIAN . . of the City of Meridian that certain agreement with GARY VOIGT, entitled "AGREEMENT", by and between the City of Meridian and GARY VOIGT, a copy of which is attached hereto marked as Exhibit "A" to this Resolution to bind this City to its terms and conditions. County of Ada, On this~ay of AJ;7lI~.h-7 1;",-;,-- ,in the year 1999, before me, ftlu~ J) ~i6Lr. ~ , a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. .,."......., !It'''' 'f.~!:..~p~"~ ... .... J.. .. 1':.-:-.... \~ ( ) , .... . i;d . .' ~ l" : ->. ... '.' . - . ..... ,.. .~. ,.. . ..... .,.:\~ : i .LI. .. .... V" ." .to,t..w ~ Iil! 0 ", .. T" ~ ,^ 1.:.'.~O-..-.llC.~ ... lI'<< ~l .. "'<< D.A a 0 ..... msg\Z:\W'~*i~ 1 5360M\Public W ocksW oigtCectofCleckAgmt a~ ;0 {~/ Notary Public for Idaho Commission Expires: j /---tJ .:.z..-d ~~ CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN 2 . . AGREEMENT THIS AGREEMENT made this Ib ~ day of lie VelMh.er, 19'f~ by and between the CITY OF MERIDIAN, a municipal corporation, hereinafter called CITY, and GARY VOIGT, herinafter called DEVELOPER: WIT N E SSE T H: WHEREAS, CITY had completed water plans and had anticipated construction of the 12 inch water main east in Overland Road and north across Interstate 84; WHEREAS, the 12 inch water main was intended to provide a looped water system between the north and south side of Interstate 84; WHEREAS, DEVELOPER owns land within the corporate limits of the City of Meridian and desires to construct a sewerage system from Wells Circle south to Overland Road across Interstate 84, as shown on Exhibit "A" in the same location as intended by CITY for the 12 inch water main; WHEREAS, the DEVELOPER has agreed to install the water system in conjunction with the sewer system and has requested reimbursement for the installation costs of the water system shown on Exhibit "A"; WHEREAS, upon recommendation of the Department of Public Works, the Council of CITY accepted and approved the proposal of DEVELOPER subject to all the conditions hereinafter provided by this Agreement. WHEREAS, the easement, within w.hich the water main and sewer collection pipe will be constructed, is owned by the CITY, and in order for the DEVELOPER to construct the water main and sewer collection pipe, it will require the CITY'S consent; which DEVELOPER requests and the CITY agrees to, subject to the conditions of this agreement. WHEREAS, in order for the CITY to be protected from worker's compensation, personal injury and casualty loss liability, labor and material man's liens and assure the performance of the construction contract, and with the understanding that the CITY'S intention is to accept and maintain the water main and sewer collection pipes as part of its public water and sewer systems, and in order to assure the provisions of I. C. 50.341 are complied with, there are certain conditions hereinafter stated as conditions precedent to the CITY'S authorization of the DEVELOPER to proceed with the construction of the water main and sewer collection pipes. 990123\MeridianCity-Voigt.agr Page 1 . . NOW, THEREFORE, in consideration of the foregoing premises, it is agreed: A. Preparation of Plans. The CITY shall cause to be prepared plans and specifications, drawings, instructions, and all other documents for the construction and installation of the water system, shown on Exhibit "A", including rights-of~way, grades and elevation, to be used in the construction and installation of said water line. B. Construction of Water and Sewer System. (1) DEVELOPER shall have installed, constructed and erected the water system and appurtenances as shown on Exhibit "A", subject to the conditions hereinafter provided. (2) DEVELOPER shall provide or caused to be provided all engineering and surveying, contract administration, bid proposals, contract documents and materials to be used for the construction of the Trunk Sewer described on Exhibit "A". (3) CITY shall provide or cause to be provided all inspection for the construction of the water and sewer system, described on Exhibit "A". C. Lettinq Bids. DEVELOPER shall cause a call for bids to be made and published which requests bid proposals for construction of the trunk sewers from at least (3) licensed public works contractors. DEVELOPER shall establish a time, date, and place to conduct the bid opening. Bids will not be received after that time. DEVELOPER shall award to the lowest responsible bidder. DEVELOPER shall not make award until after he has obtained concurrence from CITY to said bidder. D. Notice to Proceed and Conditions of Construction Contracts. The DEVELOPER shall not give the contractor a notice to proceed until the following conditions have been met and CITY has issued a Notice to Proceed: 1. Both Contractors and Subcontractors must have the appropriate Public Works License for the type of construction work involved as specified in Idaho Code Section 54-1902. The Contract shall provide the license number for each subcontractor and the contractor. 2. Performance. Labor and Material Payment Bonds: The Contract~r(s) shall, within seven days after award, submit bond(s) in the amount of 100% of the contract amount for Performance, Labor and Material payment. These bonds shall be from the same surety. 3. Time of Completion: Work to be performed under the contract shall commence within Ten (10) days of the issuance of the Notice to Proceed by the CITY. The number of days to complete the work is set forth in the construction contract. 4. Liability Insurance: The Contractor shall provide, from an insurance company licensed to do business in the State of Idaho and acceptable to the CITY, insurance coverage designated hereinafter and shall pay all costs. Provide not less than one million dollars ($1, 000,000.) for the coverage for damages, costs, and attorney fees, on account of bodily or personal injury or death or property damage or other loss as the result of anyone (1) occurrence or accident regardless of the number of persons injured, or the number of claimants. Any insurance policy, or certificate of insurance, shall name the CITY as an additional insured and such insurance policy or certificate shall be kept and maintained in full force and effect at all times during the term of the contract. The insurance policy or 990123\MeridianCity.voigt.agr Page 2 . . certificate shall be filed with the CITY prior to CITY issuance of Notice to Proceed and no insurer shall cancel the policy or policies without first giving thirty (30) days written notice thereof to the Contractor(s), and the CITY. 5. Worker's Compensation Insurance: All Contractors working on this project shall have and maintain during the life of this contract, the statutory Worker's Compensation Insurance in an amount required by Idaho Law. Proof of insurance shall be provided to the CITY prior to CITY issuance of Notice to Proceed. 6. Guarantee: The Contractor shall guarantee all materials and workmanship from defect for a period of not less than one (1) year from the date of acceptance by the CITY. Any defective work shall be replaced or corrected to CITY'S satisfaction at no additional cost to the CITY. All correction or replacement work shall also be guaranteed for a minimum of one (1) year from the date of correction or replacement. 7. Notice to Proceed: The CITY'S Public Works Director shall be the CITY'S agent who shall administer this agreement for the CITY and shall have the authority to issue the Notice to Proceed upon compliance with these terms and conditions. If during the construction of the water and or sewer main any contractor fails to comply with the conditions of the Notice to Proceed, the CITY may revoke said Notice to Proceed and all construction is to cease until compliance is achieved. E. Developer's and City's Responsibility. In recognition of the fact that the DEVELOPER will construct water improvements in conjunction with a sewer main line extension, as above described and shown on Exhibit "A", at the request of CITY, it is mutually agreed that the cost of those improvements will be shared as follows: Item City Share Developer Share Trunk Sewer $22,467.30 $101,564.75 $229,676.50 Water System None It shall be the responsibility of the DEVELOPER to provide 100% of the financing of the project with reimbursement from the CITY in accordance with Section E of this agreement "Reimbursement to DEVELOPER". No part of this agreement shall preclude eligibility for a Late Comer's Agreement on the sewer costs. Reimbursement to the DEVELOPER shall not be made until final completion of the project, the City's review and concurrence of all eligible expenses incurred by the DEVELOPER. F. Reimbursement to DEVELOPER. In recognition of the fact that DEVELOPER shall install, construct and erect the water main lines as shown on Exhibit "A", the CITY shall reimburse to the DEVELOPER the City's share of the cost of constructing the water main and oversizing the sewer line. 990123IMeridianCily-Voigt.agr Page 3 , . . G. Cost of Sewer Line to DEVELOPER'S Property. All costs and expenses, including the construction, engineering, advertising, clerical and legal and all licenses and permits which may be required for the construction and installation of the trunk sewer upon and to DEVELOPER'S property, shall be at DEVELOPER'S sole expense. This condition shall not be construed to include the CITY'S share of the water system on Exhibit "A". H. Compliance with Laws. (1) In constructing and installing the water main across Interstate 84, DEVELOPER, shall comply with laws, orders and regulations of Federal. State and Municipal authorities. I. Indemnification and Insurance. DEVELOPER shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgements for damages, or injury to persons or property and losses and expenses caused or incurred by DEVELOPER, its servants, agents, employees, guests, and business invitees related to DEVELOPER'S construction activities conducted under the terms of this agreement, and not caused by or arising out of the tortuous conduct of CITY or its employees. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, DEVELOPER covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions or judgements for damages or liability 0 persons or property. DEVELOPER shall provide CITY with a Certificate of Insurance or other proof of insurance evidencing DEVELOPER'S compliance with the requirements of this paragraph and file such proof of insurance with the Public Works Department. In the event the insurance minimums of the Idaho Tort Claims Act are changed, the CITY shall notify the DEVELOPER of the change, and DEVELOPER shall immediately submit proof of compliance with the changed limits. J. No Assiqnment. DEVELOPER shall not assign any portion of this Agreement or any privilege hereunder, either voluntarily or involuntarily, without the prior written consent of the CITY, which consent shall not be unreasonably withheld. 990123\MeridianCity-Voigtagr Page 4 . . IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers the day and year first above written. CITY OF MERIDIAN ATTEST: A,Pvovecl 'I-II, #1q ~~jz~~. : CITY CLERK G~~~/ 990123\MeridianCity-Voigt.agr Page 5 ~. . BEFORE THE MERIDIAN CITY COUNCIL 12-08-99 IN THE MATTER OF THE ) APPLICATION OF STAMAS ) CORPIIONIC ENTERPRISES, INC. ) FOR A CONDITIONAL USE ) PERMIT FORA MULTI-FAMILY ) 96-UNIT APARTMENT ) COMPLEX (COBBLESTONE ) VILLAGE) LOCATED 1475 E. ) FRANKLIN ROAD, MERIDIAN, ) IDAHO ) ) Case No. CUP-99-005 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS The above entitled conditional use permit application having corne before the City Council on November 3, 1999, and Shari Stiles appeared and testified, and the matter was continued until November 16, 1999, and Shari Stiles, Planning and Zoning Administrator, appeared and testified at the hearing, and Joann Butler and Bryce Peterson, appeared and testified on behalf of the Applicant, and appearing in opposition of the application were: Alan Fox and Ernie Robertson, and additionally having held the application to December 7,1999, to enable Ordinance No. 848 the annexation and zoning ordinance for the subject parcel to take affect, and the City Council having received the staff report and the record made before the Planning and Zoning Commission, and being fully advised in the premises, the Council finds and concludes as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS STAMAS CORP/IONIC ENTERPRISES, INC./ COBBLESTONE VILLAGE - 1 e e 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 November 3, 1999, 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 hearings 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 said November 3, 1999, 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 ss67-6509 and 67-6512; and SSII-2-416E and 11-2-418E as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Council takes judicial notice of its Zoning, Subdivision and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS STAMAS CORP/IONIC ENTERPRISES, INC./ COBBLESTONE VILLAGE - 2 e e Development Ordinances codified at Title 11 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 and the Ordinance establishing the Impact Area Boundary Ordinance and Map. 4. The property is located at 1475 E. Franldin Road, Meridian, Idaho. 5. The owner of record of the subject property is Monte C. McClure of 1475 E. Franldin Road, Meridian. 6. Applicant is Stamos Corp.lIonic Enterprises of 1 Sierra Gate Plaza, 3558 Roseville, California. 7. The subject property is currently zoned Meridian High Density Residential (R-40). [City of Meridian Zoning and Development Ordinance, Section 11-2-408(B,6)]. 8. The Applicant and owner of the property, IONIC ENTERPRISES, INC., seeks to be granted a conditional use permit for construction and development of a 96 unit apartment complex, located at 1475 E. Franldin Road, Meridian, Idaho. The requested conditional use is described in the Site Plan dated (stamped) AUG 25 1999, Drawn: JTB, Project 9834, File No.: 9834Al_0, SHEET AI.O, TAMURA & ASSOCIATES, COBBLESTONE VILLAGE, for the development of the aforementioned projects and which property is described hereinbelow to-wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS STAMAS CORP/IONIC ENTERPRISES, INC./ COBBLESTONE VILLAGE - 3 e e A parcel of land being a portion of the Northeast 1/4 of the Northeast 1/4 of Section 18, T.3N., R.IE., Boise Meridian, Ada County, Idaho, said parcel being more particularly described as follows: Commencing at a brass cap monumenting the northeast corner of said Section 18, said corner being the TRUE POINT OF BEGINNING, from which the North 1/4 corner of said Section 18 bears South 89046'18" West 2,654.20 feet; thence South 00031' 19" West 565.45 feet along the Easterly boundary of said Section 18 and the center line of South Locust Grove Road; thence leaving said section line and center line South 89041'24" West 474.70 feet parallel with and lying 48.5 feet northerly from the north line of that certain warranty deed recorded as Instrument No. 700676 in the records of Ada County, Idaho to a point on the Easterly boundary of Medimont Subdivision No.1 recorded in Book 75 of Plats at Page 7794 in the records of Ada County, Idaho: thence along the easterly boundary of said subdivision North 00058'43" East 378.88 feet an angle point in said easterly boundary line; thence continuing along said easterly boundary line extended North 02014'38" West 187.40 feet to a point on the Northerly boundary of said Section 18; thence along said Northerly boundary North 89046' 18" East 480.70 feet to the TRUE POINT OF BEGINNING. Said parcel contains 6.16 acres, more or less. 9. The City Council takes judicial notice that the real property which is the subject of this application was the subject of an application for aimexation and zoning in Case entitled "In the Matter of the Application of Stamas Corporation/Ionic FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS STAMAS CORP/IONIC ENTERPRISES, INC./ COBBLESTONE VILLAGE - 4 e e Enterprises, Inc., the Application for Annexation and Zoning of 6.15 acres for Cobblestone Village at the Southwest Corner of Locust Grove and Franldin Road, Meridian, Idaho, Case No. AZ-99-00S", in which certain Findings of Fact and Conclusions of Law and Decision and Order Granting Application for Annexation and Zoning/6.15 acres for Cobblestone Village at the Southwest Corner of Locust Grove day of November, 1999. and Franklin Road were entered on the 10. The City Council takes judicial notice that the real property which is the subject of this application, and is pursuant to the City Council action in Case No. AZ-99-005 as a part of its Decision and Order therein, and the subject of a Development Agreement, which the City, by authority of the City Council action in Resolution No. 268, and the Applicant duly entered into. 11. The project is proposed as a conditional use, and through the City'S Staff and Planning and Zoning Commission, will set a number of conditions of approval to ensure that any potential detrimental element (such as lights) will not be excessive, and will be minimized. The proposed application requests a conditional use permit for a multi-family 96 unit apartment complex. The R-40, High Density Residential District, zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained. In addition a conditional use permit is required as the property is in a Mixed Planned Use FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS STAMAS CORP/IONIC ENTERPRISES, INC./ COBBLESTONE VILLAGE - 5 - e Development area under the Meridian Comprehensive Plan. (Meridian City Zoning and Development Ordinance, Section 11-2-409). 12. The Applicant proposes to develop the subject property in the following manner: the construction and development of a 96-unit apartment complex, to include: 6 one bedroom units, 58 two bedroom units, 24 three bedroom units, and 8 four bedroom units, with a density of 15.6 units per acre, parking of 192 spaces with 6 handicap accessible parking spaces, with the following setbacks: REQUIRED PROPOSED Front Rear Side Street Side 20' 15' 0' 20' 35' (Franldin) 15' 15' 20' 13. The City Council finds that the application is not in conflict with the Comprehensive Plan and does hereby adopt Findings of Fact nos. 15, 16, 17, 19, 20,21,22,23,24,25,28 and 29 in Case No. AZ-99-005, and references the same as if stated herein at length. 14. Residence of the South Locust Grove and Franldin Road intersection area were concerned with the effect of the additional traffic generated by the proposed project to the intersection of South Locust Grove and Franldin Roads, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS STAMAS CORP/IONIC ENTERPRISES, INC./ COBBLESTONE VILLAGE - 6 e e which the City Council finds can be minimized by the inclusion of the conditions herein imposed. 15. Giving due consideration to the comments received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, the 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 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 and given the record in this matter to minimize the adverse impact of this development application upon other development in the area, and giving consideration to the Council's ability to also impose conditions to control the sequence, timing, duration, and maintenance of the proposed development, the following are found to be reasonable terms and conditions of the granting of this application for conditional use permit as follows: Adopt the Meridian Fire Department's Recommendations as follows: 15.1 Applicants shall satisfy all fire code requirements including those pertaining to water flow. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS STAMAS CORP/IONIC ENTERPRISES, INC./ COBBLESTONE VILLAGE - 7 e e 15.2 Appropriate fire hydrants shall be added throughout the complex. 15.3 Applicant shall install appropriate fire sprinlding systems. 15.4 Basement of the brick building shall be constructed with a sprinlding system and the appropriate number of exits. Adopt the Meridian Water Department Recommendations as follows: 15.5 The water main shall be extended to east property boundary on Franklin Road. Adopt the Central District Health Department Recommendations as follows: 15.6 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. 15.7 Run-off is not to create a mosquito breeding problem. 15.8 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 15.9 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 Nampa & Meridian Irrigation District Recommendations as follows: 15.10 Requires all laterals and wasteways be protected. 15.II All municipal surface drainage shall be retained on site. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS STAMAS CORP/IONIC ENTERPRISES, INC./ COBBLESTONE VILLAGE - 8 e e 15.12 If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 15.13 The Developer must contact the Nampa & Meridian Irrigation District for approval before any encroachment or change of right-of-way occurs. Developer must comply with Idaho Code S 31-3805. Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 15.14 15.15 15.16 15.17 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shown on the site plans. 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. No variances have been requested for tiling of any ditches crossing this project. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517 . Wells may be used for non-domestic purposes such as landscape irrigation. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS STAMAS CORP/IONIC ENTERPRISES, INC./ COBBLESTONE VILLAGE . 9 e e 15.18 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. 15.19 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. 15.20 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 15.21 Provide five-foot.wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 15.22 All construction shall conform to the requirements of the Americans with Disabilities Act. 15.23 As stated in the 7-6-99 letter from Department of Water Resources Stream Protection Specialist M. Gene Gibson to Shari Stiles, separate permits will be required from IDWR and Corps of Engineers before any activity can take place below the high water mark of Five Mile Creek. The N ampa Meridian Irrigation District (NMID) also requires separate permits prior to any construction. It appears from the revised Site Plan that the NMID-required 30~feet right-of- way from the Five Mile Creek centerline is protected and no building activity will occur below the high water made Applicant must confirm this and submit compliance letters from said agencies. 15.24 Applicant must submit ten (10), 8 V/' x 11" copies of building elevations for the proposed Buildings "C" and "D" prior to the 9-14-99 P&Z Commission hearing. To date, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS STAMAS CORP/IONIC ENTERPRISES, INC./ COBBLESTONE VILLAGE - 10 15.25 15.26 15.27 15.28 e e elevations have been received only for Buildings "A" and "B." The blueprint elevations submitted to P&Z Department on 8-26~99 also include a proposed Building "E" but no "E" is represented on the Site Plan. Please clarify. We recommend the proposed landscaping along the south boundary be incorporated with a berm at least three~feet (3') in height to provide for maximum sound barrier. Given the variance of buffer widths along this boundary line (i.e. from 16' in the center to 36' at Building "B"), the berm height and width could also vary with the buffer to provide a more integrated appearance. The proposed height of Building "D" is approximately 33 feet. The actual height of the buildings from finished grade to roof-line peal<. as viewed from the south shall be no more than two (2) story. We request further detail and representation at the hearing on the actual height of the buildings from finished grade to roof-line peak as viewed from the south (i.e., the 21/z-story versus 3~story appearance) . Assuming an above-ground height difference of 8-10 feet between Buildings A-C and Building D, staff recommend the Applicant relocate both Building "D's" to the current location of Building "B" on the west boundary and move Building "B" to the south boundary. This is to minimize the view obstruction to the south properties. The proposed parking layout will result in a "sea of asphalt" appearance given the absence of any landscape islands or landscape bump-outs. The applicant shall revise plan to incorporate a visual break in the form of landscaping or other feature (i.e. benches or artwork) for at least every fourteen (14) adjacent parking stalls. Staff would support the relocation of trees from the west or east buffer area to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS STAMAS CORP/IONIC ENTERPRISES, INC./ COBBLESTONE VILLAGE - 1 I 15.29 15.30 15.31 . -- the parking areas since the number of proposed trees on the site is nearly double the ordinance requirement (57 required and 120+ shown). Note, though, that the landscaping represented on the final plan approved by the City Council for the CUP may not be reduced. The Site Plan currently shows 192 parking stalls on site, which is the minimum number required by the Zoning & Development Ordinance for a 96-unit complex. In order to accommodate the recommended parking lot landscaping revision, staff calculate that a minimum of four (4) stalls will need to be omitted. Staff recommend the Applicant propose a revised plan to meet this internal landscaping requirement and that the Commission and Council grant Staff authority to negotiate the final parking design. The Applicant may need to reduce the total number of dwelling units to accommodate this requirement. The garage which is located in the existing structure which is depicted on the Cobblestone Village Site Plan Al.0, File Tamura &Associates, Project No. 9834, received City of Meridian City Clerk's office on August 25,1999, as "1 STORY BRICK WITH BASEMENT" shall be occupied and used asa maintenance facility for the development to house equipment and operations required for the repair and maintenance of all common areas of the development. There shall be no on site parking of commercial or recreational equipment or vehicles. Adopt the Ada County Highway District's Recommendations as follows: 15.32 Dedicate 48-feet of right-of-way from the centerline of Locust Grove Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS STAMAS CORP/IONIC ENTERPRISES, INC./ COBBLESTONE VILLAGE - 12 . -- 15.33 Dedicate 48.feet of right-of-way from the centerline of Franldin Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 15.34 Provide a recorded cross access easement for the parcel to the south to use this parcel for access to the public streets prior to issuance of a building permit (or other required permits) . 15.35 Construct a 24.foot wide driveway on Franldin Road, located approximately 340-feet west 01 Locust Grove Road. The driveway shall be signed to control left turns. The design and sight distance should be reviewed and approved by Development Services staff. 15.36 Construct a 24-foot wide driveway on Locust Grove Road, located approximately 315-feet south of Franldin Road. 15.37 Pave the driveways their full width and at least 30-feet beyond the edge of a pavement of Locust Grove Road and Franldin Road and install pavement tapers with 15wfoot radii abutting the existing roadway edge. 15.38 Construct a 5-foot wide detached concrete sidewalk on Franldin Road abutting the site. The sidewalk shall be located 2-feet within the new right.of-way of Franldin Road. Coordinate the location, elevation and grade of the sidewalk with District staff. 15.39 Construct a 5-foot wide detached concrete sidewalk on Locust Grove Road abutting the site. The sidewalk shall be located Z-feet within the new right. of-way of Locust Grove Road. Coordinate the location, elevation and Zrade of the sidewalk with District staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS STAMAS CORP/IONIC ENTERPRISES, INC./ COBBLESTONE VILLAGE - 13 e __ 15.40 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 15.41 Other than the access points specifically approved with this application, direct lot or parcel access to Locust Grove Road or Franldin Road is prohibited. The Meridian Planning and Zoning Commission offered the following recommendations: 15.42 The two buildings identified as "D" type buildings shall be reduced to two story buildings. 15.43 The unimproved right-of-way shall be maintained at the expense of the developer. 15.44 The applicant shall comply with all conditions and requirements imposed by the Ada County Highway District for this development. 16. The uses proposed within the subject application will be subject to the conditions set forth in Finding of Fact no. 15 and 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. 17. The uses proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 18. The uses proposed within the subject application will be served FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS STAMAS CORP/IONIC ENTERPRISES, INC./ COBBLESTONE VILLAGE - 14 e - adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer. 19. The applicant has agreed to pay any additional sewer, water or trash fees or charges, if any associated with the use. 20. 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. 21. 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. Idaho Code S 67-6512 provides in part that: (A) As part of a zoning ordinance the City Council may provide for the processing of applications for special or conditional use permits; and (B) That a special use permit may be granted to an applicant if the proposed use is otherwise prohibited by the terms of the zoning ordinance, but may be allowed with conditions under specific provisions of the zoning ordinance, subject to the ability of political subdivisions, including school districts, to provide services for the proposed use, and when it is not in conflict with the plan; and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS STAMAS CORP/IONIC ENTERPRISES, INC./ COBBLESTONE VILLAGE - IS e - (C) That upon the granting of a special use permit, conditions may be attached to a special use permit, including, but not limited to, those: 1) Minimizing adverse impact on other development; 2) Controlling the sequence and timing of development; 3) Controlling the duration of development; 4) Assuring that development is maintained properly; 5) Designating the exact location and nature of development; requiring the provision for on-site or off-site public facilities or services; requiring more restrictive standards than those generally required in an ordinance; requiring mitigation of effects of the proposed development upon service delivery by any political subdivision, including school districts, providing services within the planning jurisdiction. 2. The City of Meridian has exercised its authority to provide for the processing of applications for Conditional Use Permits by the enactment of S 11-2-418 Municipal Code and which Section provides at S 11-2-418 C, for the General Standards applicable to all conditional uses which are: 2.1 Will, in fact, constitute a conditional use as determined by City policy; 2.2 Will be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; 2.3 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS STAMAS CORP/IONIC ENTERPRISES, INC./ COBBLESTONE VILLAGE - 16 - . 2.4 Will not be hazardous or disturbing to existing or future neighboring uses; 2.5 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 he person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; 2.6 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; 2.7 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; 2.8 Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; and 2.9 Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. and S 11-2-418 H 2 provides as follows: 2.10 Upon granting of a conditional use permit, conditions may be attached to a conditional use permit including, but not limited to, those conditions which: 2.10.1 Minimize adverse impact on other development; 2.10.2 Control the sequence and timing of development; 2.10.3 Control the duration of development; 2.10.4 Assure that the development is maintained properly; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS STAMAS CORP/IONIC ENTERPRISES, INC./ COBBLESTONE VILLAGE- 17 e e 2.10.5 Designate the exact location and nature of the development; 2. 10.6 Require the provision for on-site public facilities or services; and 2.10.7 Require more restrictive standards than those generally required, in this Ordinance. 3. Idaho Code S 67-6504 provides that the City Council may exercise all of the powers required and authorized by Chapter 65 of Title 67 Idaho Code which Act is known as the "Local Land Use Planning Act of 1975." 4. The City of Meridian has enacted the Comprehensive Plan City of Meridian adopted December 21,1993, Ordinance No. 629, January 4,1994. 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: 1. That the Applicant and owner of the property, IONIC ENTERPRISES, INC., is granted a conditional use permit to develop and construct and maintain a multi-family 92 unit apartment complex in substantial compliance as depicted in the Site Plan dated "received City of Meridian City Clerk's office on August 25, 1999", FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS STAMAS CORP/IONIC ENTERPRISES, INC./ COBBLESTONE VILLAGE - 18 e . Drawn: JTB, Project 9834, File No.: 9834Al_0, SHEET Al.O, TAMURA & ASSOCIATES, COBBLESTONE VILLAGE, and as modified by these hereinafter contained conditions of the conditional use permit, upon the following described real property to-wit: A parcel of land being a portion of the Northeast 1/4 of the Northeast 1/4 of Section 18, T.3N., R.IE., Boise Meridian, Ada County, Idaho, said parcel being more particularly described as follows: Commencing at a brass cap monumenting the northeast corner of said Section 18, said comer being the TRUE POINT OF BEGINNING, from which the North 1/4 comer of said Section 18 bears South 89046'18" West 2,654.20 feet; thence South 00031' I 9" West 565.45 feet along the Easterly boundary of said Section 18 and the center line of South Locust Grove Road; thence leaving said section line and center line South 89041'24" West 474.70 feet parallel with and lying 48.5 feet northerly from the north line of that certain warranty deed recorded as Instrument No. 700676 in the records of Ada County, Idallo to a point on the Easterly boundary of Medimont Subdivision No.1 recorded in Book 75 of Plats at Page 7794 in the records of Ada County, Idaho: thence along the easterly boundary of said subdivision North 00058'43" East 378.88 feet an angle point in said easterly boundary line; thence continuing along said easterly boundary line extended North 02014'38" West 187.40 feet to a point on the Northerly boundary of said Section 18; thence along said Northerly boundary North 89046'18" East 480.70 feet to the TRUE POINT OF BEGINNING. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS STAMAS CORP/IONIC ENTERPRISES, INC./ COBBLESTONE VILLAGE ~ 19 e e Said parcel contains 6.16 acres, more or less. 2. The applicant is granted a conditional use permit for and subject to the following terms and conditions: 2.1 Applicants shall satisfy all fire code requirements including those pertaining to water flow. 2.2 Appropriate fire hydrants shall be added throughout the complex. 2.3 Applicant shall install appropriate fire sprinkling systems. 2.4 Basement of the brick building shall be constructed with a sprinlding system and the appropriate number of exits. 2.5 The water main shall be extended to east property boundary on Franklin Road. 2.6 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. 2.7 Run.off is not to create a mosquito breeding problem. 2.8 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 2.9 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. 2.10 Requires all laterals and wasteways be protected. 2.11 All municipal surface drainage shall be retained on site. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS STAMAS CORP/IONIC ENTERPRISES, INC./ COBBLESTONE VILLAGE - 20 e e 2.12 If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 2.13 The Developer must contact the Nampa & Meridian Irrigation District for approval before any encroachment or change of right-of-way occurs. Developer must comply with Idaho Code S 31-3805. 2.14 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shown on the site plans. 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. No variances have been requested for tiling of any ditches crossing this project. 2.15 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 2.16 Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 2.17 Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.DA and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 2.18 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. 2.19 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS STAMAS CORP/IONIC ENTERPRISES, INC./ COBBLESTONE VILLAGE - 2 I e e 2.20 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 2.21 Provide five-foot.wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 2.22 All construction shall conform to the requirements of the Americans with Disabilities Act. 2.23 As stated in the 7-6-99 letter from Department of Water Resources Stream Protection Specialist M. Gene Gibson to Shari Stiles, separate permits will be required from IDWR and Corps of Engineers before any activity can take place below the high water mark of Five Mile Creek. The Nampa Meridian Irrigation District (NMID) also requires separate pemlits prior to any construction. It appears from the revised Site Plan that the NMID.required 30-feet right-of-way from the Five Mile Creek centerline is protected and no building activity will occur below the high water mark. Applicant must confirm this and submit compliance letters from said agencies. 2.24 Applicant must submit ten (10), 8 1/2" X 11" copies of building elevations for the proposed Buildings "c" and "D" prior to the 9-14-99 P&Z Commission hearing. To date, elevations have been received only for Buildings "A" and "B." The blueprint elevations submitted to P&Z Department on 8.26-99 also include a proposed Building "E" but no "E" is represented on the Site Plan. Please clarify. 2.25 We recommend the proposed landscaping along the south boundary be incorporated with a berm at least three-feet (3') in height to provide for maximum sound barrier. Given the variance of buffer widths along this boundary line (i.e. from 16' in the center to 36' at Building "B"), the berm height and width could also vary with the buffer to provide a more integrated appearance. 2.26 The proposed height of Building "D" is approximately 33 feet. The actual height of the buildings from finished grade to roof.line peak as viewed FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS STAMAS CORP/IONIC ENTERPRISES, INC./ COBBLESTONE VILLAGE - 22 e e from the south shall be no more than two (2) story. We request further detail and representation at the hearing on the actual height of the buildings from finished grade to roof-line peak as viewed from the south (i.e., the 21/2-stOry versus 3-story appearance). 2.27 Assuming an above-ground height difference of 8-10 feet between Buildings A-C and Building D, staff recommend the Applicant relocate both Building "D's" to the current location of Building "B" on the west boundary and move Building "B" to the south boundary. This is to minimize the view obstruction to the south properties. 2.28 The proposed parking layout will result in a "sea of asphalt" appearance given the absence of any landscape islands or landscape bump-outs. The applicant shall revise plan to incorporate a visual break in the form of landscaping or other feature (i.e. benches or artwork) for at least every , fourteen (14) adjacent parking stalls. Staff would support the relocation of trees from the west or east buffer area to the parking areas since the number of proposed trees on the site is nearly double the ordinance requirement (57 required and 120+ shown). Note, though, that the landscaping represented on the final plan approved by the City Council for the CUP may not be reduced. 2.29 The Site Plan currently shows 192 parking stalls on site, which is the minimum number required by the Zoning & Development Ordinance for a 96-unit complex. In order to accommodate the recommended parking lot landscaping revision, staff calculate that a minimum of four (4) stalls will need to be omitted. Staff recommend the Applicant propose a revised plan to meet this internal landscaping requirement and that the Commission and Council grant Staff authority to negotiate the final parking design. The Applicant may need to reduce the total number of dwelling units to accommodate this requirement. 2.30 The garage which is located in the existing structure which is depicted on the Cobblestone Village Site Plan Al.O, File Tamura &Associates, Project No. 9834, received City of Meridian City Clerk's office on August 25, 1999, as "1 STORY BRICK WITH BASEMENT" shall be occupied and used asa maintenance facility for the development to house equipment FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS STAMAS CORP/IONIC ENTERPRISES, INC./ COBBLESTONE VILLAGE - 23 e e and operations required for the repair and maintenance of all common areas of the development. 2.31 There shall be no on site parking of commercial or recreational equipment or vehicles. 2.32 Dedicate 48-feet of right-of-way from the centerline of Locust Grove Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 2.33 Dedicate 48-feet of right-of-way from the centerline of Franldin Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 2.34 Provide a recorded cross access easement for the parcel to the south to use this parcel for access to the public streets prior to issuance of a building permit (or other required permits). 2.35 Construct a 24-foot wide driveway on Franldin Road, located approximately 340-feet west 01 Locust Grove Road. The driveway shall be signed to control left turns. The design and sight distance should be reviewed and approved by Development Services staff. 2.36 Construct a 24-foot wide driveway on Locust Grove Road, located approximately 315-feet south of Franldin Road. 2.37 Pave the driveways their full width and at least 30-feet beyond the edge of a pavement of Locust Grove Road and Franldin Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. 2.38 Construct a 5~foot wide detached concrete sidewalk on Franldin Road abutting the site. The sidewalk shall be located 2-feet within the new right.of-way of Franldin Road. Coordinate the location, elevation and grade of the sidewalk with District staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS STAMAS CORP/IONIC ENTERPRISES, INC./ COBBLESTONE VILLAGE - 24 e e 2.39 Construct a 5-foot wide detached concrete sidewalk on Locust Grove Road abutting the site. The sidewalk shall be located 2~feet within the new right~of-way of Locust Grove Road. Coordinate the location, elevation and 2rade of the sidewalk with District staff. 2.40 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 2.41 Other than the access points specifically approved with this application, direct lot or parcel access to Locust Grove Road or Franldin Road is prohibited. 2.42 The two buildings identified as "D" type buildings shall be reduced to two story buildings. 2.43 The unimproved right-of-way shall be maintained at the expense of the developer. 2.44 The applicant shall comply with all conditions and requirements imposed by the Ada County Highway District for this development. 3. 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 conformed copy shall be served by the Clerk upon the applicant, the Planning and Zoning Department, Public Works Department and City Attorney and any affected party requested notice. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS STAMAS CORP/IONIC ENTERPRISES, INC./ COBBLESTONE VILLAGE - 2S e . 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 decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. 74- By action of the City Council at its regular meeting held on the of Jecetn-~ ,1999. day ROLL CALL COUNCILMAN ANDERSON VOTED 116iC~ COUNCILMAN BENTLEY VOTED $A...- COUNCILMAN BIRD VOTED-f/!::-tL- COUNCILMAN ROUNTREE VOTED~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS STAMAS CORP/IONIC ENTERPRISES, INC./ COBBLESTONE VILLAGE - 26 . . MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: /2-7-'1'1 MOTION: APPRO~~--f)fS:M'I'ROVED' Copy served upon Applicant, the Planning and Zoning Department, Public Works ,II" II "'111 Dep~artment and City Attorney. ",,'~~~\Of ME~;~/.I",,/_ ;zd,~ r; f' a ''yQP.POl?-1~~'<?1/\ v::// _ I'? -7 at:j:: ~ <::> ~ By: ~ ~ Dated: /?- /-- / I ~ ~~ Ity Clerk ~ msglZ:\ W ork\M\Meridian 1 5360M\Cobblestone Village\CUPFfClsOrd FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS STAMAS CORP/IONIC ENTERPRISES, INC./ COBBLESTONE VILLAGE - 27 e e BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF ) STAMAS CORP/lONIC ENTERPRISES, INC., ) FOR A CONDITIONAL USE PERMIT FOR A ) MULTI-FAMILY 96.UNIT APARTMENT ) COMPLEX (COBBLESTONE VILLAGE) ) LOCATED 1475 E. FRANKLIN ROAD, ) MERIDIAN, IDAHO ) ) CASE NO. CUP.99-005 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on the 3RD day of November, 1999, 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 and owner of the property, IONIC ENTERPRISES, INC., is granted a conditional use permit to develop and construct and maintain a multip family 92 unit apartment complex as depicted in the Site Plan dated "received City of Meridian City Clerk's office on August 25, 1999", Drawn: JTB, Project 9834, File No.: 9834Al_0, SHEET Al.O, TAMURA & ASSOCIATES, COBBLESTONE VILLAGE, and as modified by these hereinafter contained conditions of the conditional use permit, for the development of the aforementioned projects and which property is described hereinbelow to-wit: A parcel of land being a portion of the Northeast 1/4 of the Northeast 1/4 of Section 18, T.3N., R.IE., Boise Meridian, Ada County, Idaho, said parcel being more particularly described as follows: ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 1 OF 8 STAMAS CORP/IONIC ENTERPRISES, me. (COBBLESTONE VILLAGE - CUP-99-005) e e Commencing at a brass cap monumenting the northeast corner of said Section 18, said corner being the TRUE POINT OF BEGINNING, from which the North 1/4 corner of said Section 18 bears South 89046'18" West 2,654.20 feet; thence South 00031'19" West 565.45 feet along the Easterly boundary of said Section 18 and the center line of South Locust Grove Road; thence leaving said section line and center line South 89041'24" West 474.70 feet parallel with and lying 48.5 feet northerly from the north line of that certain warranty deed recorded as Instrument No. 700676 in the records of Ada County, Idaho to a point on the Easterly boundary of Medimont Subdivision No. 1 recorded in Book 75 of Plats at Page 7794 in the records of Ada County, Idaho: thence along the easterly boundary of said subdivision North 00058'43" East 378.88 feet an angle point in said easterly boundary line; thence continuing along said easterly boundary line extended North 02014'38" West 187.40 feet to a point on the Northerly boundary of said Section 18; thence along said Northerly boundary North 89046'18" East 480.70 feet to the TRUE POINT OF BEGINNING. Said parcel contains 6.16 acres, more or less. 2. That the above named applicant is granted a conditional use permit for construction and development of a 92 unit apartment complex located at 1475 E. Franldin Road, Meridian, Idaho, subject to the following conditions of use and development: 2.1 Applicants shall satisfy all fire code requirements including those pertaining to water flow. 2.2 Appropriate fire hydrants shall be added throughout the complex. 2.3 Applicant shall install appropriate fire sprinkling systems. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 2 OF 8 STAMAS CORP/IONIC ENTERPRISES, INC. (COBBLESTONE VILLAGE - CUP-99-005) e e 2.4 Basement of the brick building shall be constructed with a sprinlding system and the appropriate number of exits. 2.5 The water main shall be extended to east property boundary on Franldin Road. 2.6 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. 2.7 Run-off is not to create a mosquito breeding problem. 2.8 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 2.9 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. 2.10 Requires all laterals and wasteways be protected. 2.11 All municipal surface drainage shall be retained on site. 2.12 If any surface drainage leaves the site, the N ampa & Meridian Irrigation District must review drainage plans. 2.13 The Developer must contact the Nampa & Meridian Irrigation District for approval before any encroachment or change of right-of-way occurs. Developer must comply with Idaho Code S 31-3805. 2.14 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shown on the site plans. 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. No variances have been requested for tiling of any ditches crossing this project. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 3 OF 8 STAMAS CORP/IONIC ENTERPRISES, INC. (COBBLESTONE VILLAGE - CUP-99-005) e e 2.15 Any existing domestic wells and/or septic systems wi thin this proj ect will have to be removed from their domestic service per City Ordinance Section 5-7-517 . Wells may be used for non-domestic purposes such as landscape irrigation. 2.16 Off-street parking shall be provided in accordance with Section 11-2.414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 2.17 Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 2.18 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. 2.19 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. 2.20 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 2.21 Provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 2.22 All construction shall conform to the requirements of the Americans with Disabilities Act. 2.23 As stated in the 7-6-99 letter from Department of Water Resources Stream Protection Specialist M. Gene Gibson to Shari Stiles, separate permits will be required from IDWR and Corps of Engineers before any activity can take place below the high water mark of Five Mile Creek. The Nampa Meridian Irrigation District (NMID) also requires separate ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 4 OF 8 STAMAS CORP/IONIC ENTERPRISES, me. (COBBLESTONE VILLAGE - CUP-99-005) -- e permits prior to any construction. It appears from the revised Site Plan that the NMID-required 30-feet right-of-way from the Five Mile Creek centerline is protected and no building activity will occur below the high water mark. Applicant must confirm this and submit compliance letters from said agencies. 2.24 Applicant must submit ten (10), 8 J/2" x II" copies of building elevations for the proposed Buildings "c" and "D" prior to the 9.14.99 P&Z Commission hearing. To date, elevations have been received only for Buildings "A" and "B." The blueprint elevations submitted to P&Z Department on 8-26-99 also include a proposed Building "E" but no "E" is represented on the Site Plan. Please clarify. 2 .25 We recommend the proposed landscaping along the south boundary be incorporated with a berm at least three-feet (3') in height to provide for maximum sound barrier. Given the variance of buffer widths along this boundary line (i.e. from 16' in the center to 36' at Building "B"), the berm height and width could also vary with the buffer to provide a more integrated appearance. 2.26 The proposed height of Building "D" is approximately 33 feet. The actual height of the buildings from finished grade to roof-line peak as viewed from the south shall be no more than two (2) story. We request further detail and representation at the hearing on the actual height of the buildings from finished grade to roof-line peak as viewed from the south (i.e., the 21/2-stOry versus 3-story appearance). 2.27 Assuming an above-ground height difference of 8-10 feet between Buildings A-C and Building D, staff recommend the Applicant relocate both Building "D's" to the current location of Building "B" on the west boundary and move Building "B" to the south boundary. This is to minimize the view obstruction to the south properties. 2.28 The proposed parking layout will result in a "sea of asphalt" appearance given the absence of any landscape islands or landscape bump-outs. The applicant shall revise plan to incorporate a visual break in the form of landscaping or other feature (i.e. benches or artwork) for at least every fourteen (14) adjacent parking stalls. Staff would support the relocation of trees from the west or east buffer area to the parking areas ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 5 OF 8 STAMAS CORP/IONIC ENTERPRISES, INe. (COBBLESTONE VILLAGE - CUP-99-005) e e since the number of proposed trees on the site is nearly double the ordinance requirement (57 required and 120+ shown). Note, though, that the landscaping represented on the final plan approved by the City Council for the CUP may not be reduced. 2.29 The Site Plan currently shows 192 parking stalls on site, which is the minimum number required by the Zoning & Development Ordinance for a 96-unit complex. In order to accommodate the recommended parking lot landscaping revision, staff calculate that a minimum of four (4) stalls will need to be omitted. Staff recommend the Applicant propose a revised plan to meet this internal landscaping requirement and that the Commission and Council grant Staff authority to negotiate the final parking design. The Applicant may need to reduce the total number of dwelling units to accommodate this requirement. 2.30 The garage which is located in the existing structure which is depicted on the Cobblestone Village Site Plan Al.O, File Tamura &Associates, Project No. 9834, received City of Meridian City Clerk's office on August 25, 1995, as "I STORY BRICK WITH BASEMENT" shall be occupied and used asa maintenance facility for the development to house equipment and operations required for the repair and maintenance of all common areas of the development. 2.31 There shall be no on site parking of commercial or recreational equipment or vehicles. 2.32 Dedicate 48-feet of right-of-way from the centerline of Locust Grove Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 2.33 Dedicate 48-feet of right-of-way from the centerline of Franldin Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 2.34 Provide a recorded cross access easement for the parcel to the south to use this parcel for access to the public streets prior to issuance of a building permit (or other required permits). ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 6 OF 8 STAMAS CORP/IONIC ENTERPRISES, INC. (COBBLESTONE VILLAGE - CUP-99-005) e e 2.35 Construct a 24wfoot wide driveway on Franldin Road, located approximately 340-feet west 01 Locust Grove Road. The driveway shall be signed to control left turns. The design and sight distance should be reviewed and approved by Development Services staff. 2.36 Construct a 24-foot wide driveway on Locust Grove Road, located approximately 315-feet south of Franldin Road. 2.37 Pave the driveways their full width and at least 30-feet beyond the edge of a pavement of Locust Grove Road and Franldin Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. 2.38 Construct a 5-foot wide detached concrete sidewalk on Franldin Road abutting the site. The sidewalk shall be located 2-feet within the new right-of-way of Franldin Road. Coordinate the location, elevation and grade of the sidewalk with District staff. 2.39 Construct a 5-foot wide detached concrete sidewalk on Locust Grove Road abutting the site. The sidewalk shall be located 2-feet within the new right-of-way of Locust Grove Road. Coordinate the location, elevation and 2rade of the sidewalk with District staff. 2.40 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 2.41 Other than the access points specifically approved with this application, direct lot or parcel access to Locust Grove Road or Franldin Road is prohibited. 2.42 The two buildings identified as "D" type buildings shall be reduced to two story buildings. 2.43 The unimproved right-ofwway shall be maintained at the expense of the developer. 2.44 The applicant shall comply with all conditions and requirements imposed by the Ada County Highway District for this development. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 7 OF 8 STAMAS CORP/IONIC ENTERPRISES, INC. (COBBLESTONE VILLAGE - CUP-99-005) e e 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. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of S 11-2-418 J of the Municipal Code of the City of Meridian, a copy of which is attached to this permit. II.. V _action of the City Council at its regular meeting held on the 7 - day of ~f/~, 1999. Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. BY~ ~Ifet'~ ity Clerk ' Dated: /2 -7--'1'1 msg/Z: \ W ork\M\Meridian 15360M\Cobblestone Village\CUPOrder ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 8 OF 8 STAMAS CORP/IONIC ENTERPRISES, INC. (COBBLESTONE VILLAGE. CUP-99-005) BEFORE THE PLANNING AND ZONING COMMISSION OF THE CITY OF MERIDIAN In the Matter of the Request for COMPREHENSIVE PLAN AMENDMENT - SINGLE FAMILY RESIDENTIAL TO COMMERCIAL FOR 4000 E. FAIRVIEW AVE. Case No. CPA-99-002 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND RECOMMENDATION By DEVELOPERS DIVERSIFIED REALTY CORPORATION The above entitled application for Comprehensive Plan amendment having come on for public hearing on September 30, 1999, at the hour of 6:30 p.m., on said date at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant appearing in person, and having duly considered the matter, the Planning and Zoning Commission makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT I. A notice of the time, place, and a summary of the proposed amendment plan to be discussed at the September 30, 1999, hearing was published fifteen (15) days prior to said hearing; copies of all notices were made available to newspaper, radio, and television stations; the matter was duly considered at the September 30, 1999, public hearing; and the public was given full opportunity to express comments FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND RECOMMENDATION COMPREHENSIVE PLAN AMENDMENT DEVELOPERS DIVERSIFIED REALTY CORP. - 4000 E. FAIRVIEW AVE. - 1 and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in the City of Meridian Comprehensive Plan and Idaho Code S 67-6509. 3. The property which is the subject of the application for amendment is described in said application and by this reference is incorporated herein as if set forth in full. 4. The Applicant is Developers Diversified Realty Corporation, of 3300 Enterprise Park Way, Beechwood, Ohio 44122. The Applicant filed a written Comprehensive Plan amendment application. 5. Pursuant to the application, the affected property is generally described as a 12.3 acre parcel V2 mile ease of Eagle Road at 4000 E. Fairview Ave.; the affected property is currently designated Single Family Residential; the applicant is requesting a Comprehensive Plan Land Use Map change from Single Family Residential to Commercial; 6. The Meridian Planning and Zoning Commission talces judicial notice of its Zoning, Subdivision and Development Ordinances codified at Title 11, 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, Ord. No. 629-Jan.4, 1994 and Maps and Ordinance establishing the Impact Area Boundary. 7. The Applicant requested the Comprehensive Plan amendment and the application was not initiated at the request of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND RECOMMENDATION COMPREHENSIVE PLAN AMENDMENT DEVELOPERS DIVERSIFIED REALTY CORP. - 4000 E. FAIRVIEW AVE. - 2 8. The proposed application requests a Comprehensive Plan amendment to change the designation of the subject property from Single Family Residential to Commercial. The designation change requires an amendment to the Comprehensive Plan of the City of Meridian as requested by the Applicant. (City of Meridian Comprehensive Plan, pg. 78-79). 9. The Applicant testified at the public hearing that the particular characteristics of the affected property make the amendment desirable. 10. The Planning and Zoning Administrator, Shari Stiles, submitted comments by and through a Memorandum dated September 28, 1999, and submitted comments by and through testimony during the September 30, 1999, public hearing on this matter. Such report and comments are hereby incorporated herein, as follows: 10.1. The parcel does not appear to be eligible for a split and would require a subdivision plat to be submitted and approved. 10.2 The Meridian Comprehensive Plan currently designates this area as single-family residential. Although changes are occurring in the area that may make other uses desirable in this location, staff feels the request for a comprehensive plan amendment should not be granted at this time. More detailed policies need to be established regarding the commercial and mixed/planned use development areas, and development of strip commercial is to be discouraged. 10.3 Commercial development immediately adjacent to the cemetery could be disruptive to those holding services there and consideration for buffering of the cemetery would need to be closely reviewed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND RECOMMENDATION COMPREHENSIVE PLAN AMENDMENT DEVELOPERS DIVERSIFIED REALTY CORP. - 4000 E. FAIRVIEW AVE. - 3 II. The Ada County Highway District recommendations are hereby incorporated as follows: 11.1 Dedicate sufficient additional right~of-way to total 60-feet from section line of Fairview Avenue abutting the entire site. The right- of-way shall be dedicated by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of any Certificate of Occupancy. 11.2 Dedicate 76-feet of right-of~way (38-feet from the centerline) for Records Drive from Fairview Avenue to a point 300-feet south of Fairview Avenue and 60-feet of right-of-way (30-feet from centerline) for Records Drive from that point to the south boundary of the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a any Certificate of Occupancy. 11.3 Construct a S-foot wide concrete sidewalk on Fairview Avenue abutting the site (approximately 822-feet total) prior to issuance of any Certificate of Occupancy. The construction plans for the development showing the sidewalk must be approved prior to issuance of a building permit. 11.4 Prior to opening of the development, construct pavement widening on Fairview Avenue to add one eastbound lane from Records Drive to the east property line. 11.5 Construct a maximum of three driveways on Fairview Avenue a minimum of 440-feet for a full access driveway and 220-feet for a right-iniright-out driveway from any public street intersection and 220-feet from all existing or proposed driveways. The maximum driveway width will be 40-feet with a minimum storage length of 100-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Construct pavement tapers with IS-foot radii. Coordinate the design, storage length and location of any proposed driveways with District staff. 11.6 Construct Records Drive as a 6S-foot street section (with curb, gutter and 5~foot wide concrete sidewalk) from Fairview Avenue FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND RECOMMENDATION COMPREHENSIVE PLAN AMENDMENT DEVELOPERS DIVERSIFIED REALTY CORP. "4000 E. FAlRVIEW AVE. - 4 to a point 300-feet south of Fairview Avenue. Records Drive shall be located approximately 2, IOO-feet east of Eagle Road. Widen the approach to Fairview Avenue to provide two northbound left turn lanes and one northbound through/right-turn lane. Two southbound lanes are needed from Fairview Avenue to a point 300-feet south of Fairview. Dedicate sufficient right-of-way for the noted improvements. 11.7 Construct a traffic signal at the Fairview Avenue/Records Drive intersection. Provide and install an Opticom device for emergency vehicle pre-emption of the signal to the satisfaction of ACHD and the Meridian Fire Department. Other materials for the traffic signal are to be purchased from ACHD or be demonstrated to meet ACHD specifications. The signal should be designed to allow the future construction of dual left-turn lanes on Fairview Avenue. The applicant 'VVill be responsible for the entire cost of the signal installation. Submit the signal design to District staff for approval prior to construction. 11.8 A maximum of three driveways are approved on Records Drive. The driveways shall be located a minimum of 17S-feet south of Fairview Avenue and aligned or offset ISO-feet from all existing or proposed driveways. The driveways shall be constructed as 24 to 3D-foot curb return driveway'VVith IS-foot curb radii. The minimum storage length shall be 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection'VVith Presidential Drive. 11.9 Other than the access points specifically approved vvith this application, direct lot or parcel access to Records Drive or Fairview Avenue is prohibited. 12. The proposed designation change 'VVithin the subject application would, in fact, require an amendment to the Comprehensive Plan as determined by City policy. CONCLUSIONS OF LAW 1. All the procedural requirements of the Land Use Planning Act and of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND RECOMMENDATION COMPREHENSIVE PLAN AMENDMENT DEVELOPERS DIVERSIFIED REALTY CORP. - 4000 E. FAIRVIEW AVE. - 5 the Comprehensive Plan of the City of Meridian were met including: notice of the time, place, and a summary of the proposed amendment to the Plan, the publication of which was fifteen (IS) days prior to said hearing; copies of all notices were made available to newspaper, radio, and television stations. (Meridian Comprehensive Plan Implementation Chapter, Comprehensive Plan Amendment Section; Idaho Code S 67-6509(a)). 2. 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 "Land Use Planning Act" codified at Chapter 65, Title 67, Idaho Code (I.C. S 67 -6509). 3. The Meridian Planning and Zoning Commission may exercise all the powers required and authorized under the "Land Use Planning Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code S 67-67504 which the City Council of the City of Meridian has established by the passage of the <<City of Meridian Zoning and Development Ordinance" at Title XI, Chapter I, Municipal Code of the City of Meridian. 4. The City Councilor any group or person may petition the Planning and Zoning Commission for a plan amendment at any time. The following requirements, time tables, and procedures to amend Meridian's Comprehensive Plan must be satisfied: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND RECOMMENDATION COMPREHENSIVE PLAN AMENDMENT DEVELOPERS DIVERSIFIED REALTY CORP.. 4000 E. FAIRVIEW AVE. - 6 A. Application to amend the Comprehensive Plan may be filed with the Planning and Zoning Commission at any time. B. The Applicant will submit a letter for a Plan amendment which will contain the following; 4.B.l Specific definition of the change requested. 4.B.2 Specific information on any property involved. 4.B.3 The condition or situation which warrants a change being made in the Plan. 4.B.4 The public need for and benefit from such a change in the Plan. 4.B.5 Documentation that no other solutions to the problem are presented by the current policy of the Plan are possible or reasonable. 4.B.6 Development intentions for any land involved. 4.B.7 Any other data and information needed by the Planning and Zoning Commission in evaluating the proposal, such as who does it help, who does it hurt, how much is it going to cost and who is going to pay for it. C. No application will be considered until the required information is complete. (Meridian Comprehensive Plan Implementation Chapter, Comprehensive Plan Amendments Section). 5. The Planning and Zoning Commission may recommend amendments to the Comprehensive Plan to City Council not more frequently than every six (6) months. (Idaho Code S 67~6509(d); Meridian Comprehensive Plan Implementation Chapter, Comprehensive Plan Amendments Section) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND RECOMMENDATION COMPREHENSIVE PLAN AMENDMENT DEVELOPERS DIVERSIFIED REALTY CORP. - 4000 E. FAIRVIEW AVE.-7 6. Upon receipt of a complete application, the Planning and Zoning Commission shall conduct at least (I) public hearing in which interested persons shall have an opportunity to be heard. At least fifteen (IS) days prior to the hearing, notice of the time and place and a summary of the plan shall be published. The Commission shall also make available a notice to newspapers, radio, and television stations. (Idaho Code S 65-6S09(a)) 7. At said hearing, the proposed amendment shall be presented to the Commission by the Applicant and the Commission shall accept testimony from the public. Within forty-five (45) days of the hearing, the Commission shall make a recommendation to the City Council, supported by Findings of Fact and Conclusions of Law. (Meridian Comprehensive Plan Implementation Chapter, Comprehensive Plan Amendments Section). 8. An Applicant shall be notified of the Commission's decision by mail. Any Applicant whose application is denied may appeal to the City Council within thirty (30) days from the date of notification of the decision, by filing a written appeal stating the reasons for the appeal. (Meridian Comprehensive Plan Implementation Chapter, Comprehensive Plan Amendments Section) 9. To change a designation from Single Family Residential to Commercial requires approval by the Planning and Zoning Commission as provided under the City of Meridian Comprehensive Plan, Implementation Chapter Comprehensive Plan Amendments Section. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND RECOMMENDATION COMPREHENSIVE PLAN AMENDMENT DEVELOPERS DIVERSIFIED REALTY CORP. .4000 E. FAIRVIEW AVE. - 8 10. Upon review of an amendment application relating to land use designations, the Commission should take the following objectives into account: 10.1 Mixed-planned uses along the 1-84 corridor, which are attractive and compatible with high-volume traffic corridors. 10.2 Designating ample land for urban expansion and infill. 10.3 Quality residential neighborhoods, north, south, east, and west of Old Town. 10.4 Planned mixed uses along 1-84, Franldin Road, U.P. Railroad, and Fairview Avenue corridors. 10.5 Buffers to the waste treatment plant. 10.6 Adequate school and park sites for quality living. 10.7 The importance of maintaining compatible land uses to ensure an optimum quality of life. 10.8 Respect for the responsibilities and rights of land ownership. 10.9 Reinforce the role of the City in regulating the use of land resources for the benefit of future generations. 10.10 Plan for multiple use of public facilities wherever feasible. 11. Upon review of an amendmen: application affecting residential designations, the Commission should talce the following policies into account: 11.1 Support a variety of residential categories (urban, rural, single- family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. 11.2 Support strategies for the development of neighborhood parks within all residential areas. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND RECOMMENDATION COMPREHENSIVE PLAN AMENDMENT DEVELOPERS DIVERSIFIED REALTY CORP. - 4000 E. FAIRVIEW AVE. - 9 11.3 Protect and maintain residential neighborhood property values, improve each neighborhood's physical condition and enhance its quality of life for residents. 11.4 Encourage sidewalks and paved streets for all existing neighborhoods through joint ACHD/Local Improvement Distlict programs. 11.5 Encourage compatible infill development which will improve existing neighborhoods. 12. Having made the afore stated Findings of Fact and Conclusions of Law the City of Meridian Planning and Zoning Commission hereby approves the proposed application to amend the City of Meridian Comprehensive Plan as set forth herein. DECISION The Meridian Planning and Zoning Commission determines that upon review of the applicable standards, goals, policies and guidelines as set forth in the Comprehensive Plan of the City of Meridian, the established record, and the applicable law, that amendment of the Comprehensive Plan is warranted in the instant case. eylZ:\Work\,M\Meridian 15360M\Devclopers Diversified\PZ.fcs FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND RECOMMENDATION COMPREHENSIVE PLAN AMENDMENT DEVELOPERS DIVERSIFIED REALTY CORP. - 4000 E. FAIRVIEW AVE. - 10 WHITE. PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW JUSTIN P. AY~SWORTH KATHY J. EDWARDS JULIE K~EIN FISCHER WM. l'. GrORAY, III D. SAMUEL JOHNSON WILlIAM A. MORROW WILlIAM l'. NICHO~S' CHRISTOPHER S. NYE PHILIP A. PETERSON STEPHEN L. PRUSS ERIC S. ROSSMAN TODD A. ROSSMAN R. STEPHEN RUTHERFORD DAVID M. SWARnEY TERRENCE R. WHITE" 200 EAST CARLTON AVENUE. SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208) 288-2499 FAX (208) 288.2501 NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX H, NAMPA. IDAHO 83653.0247 TEL (208) 466-9272 FAX (20B) 466'4405 Ell1uiI via Intcl11ct @ wrg@wppmg.com "ALSO ADMITIED IN OR .. ALSO AOMITIEO IN WA PLEASE REPLY TO MERIDIAN OFFICE October 28, 1999 William G. Berg, Jr. City Clerk Nleridian City Hall 33 East Idaho Meridian, Idaho 83642 REcErVED oc: 2 3 j999 CITY OF MERIDIAN Re: 1. Comprehensive Plan Amendment, Single Family Residential To Mixed Use For A 20 Acres Parcel West of Eagle Road Between Fairview and UstickJBy: J-U-B Engineers, Inc. - CPA-99-001 2. Comprehensive Plan Amendment, Single Family Residential To Commercial for 4000 E. Fairview Ave.lEy: Developers Diversified Realty Corporation - CPA-99-002 Dear Will: Please find enclosed the originals of the Recommendations to the City Council by the Planning and Zoning Commission on the above referenced applications. Please note these matters 'will be heard before the City Council on November 3, 1999. Shari Stiles and Gary Smith have been given copies of the above ReC0111mendations so they can be prepared at the hearing to specifically address the Recommendations of the Planning and Zoning Commission. ~~~o~" R. Stephen Rutherford Enclosures 08/17199 15: 10 '5'208 .:l45 7650 ACHD @OOll001 ~ Ada County.JhfJhway 2)ijlri~1 Sherry R. Huber, President Judy Peavey-Derr, Vice President Marlyss Meyer Routson, Secretary Dave Bivens, Commissioner Susan S. Eastlake, Commissioner 318 East 37th Street Garden City, Idaho 83714-6499 Phone (208) 387-6100 Fax (208) 387-6391 e~maii: tellus@achd.ada.id.u$ June 17. 1999 Tom Bauwens The Dakota Company 380 East Park Center Blvd, Suite 100 Boise, ID 83706 NOV - 3 1999 em OFMBlIDIAN Re: MCPA-99.0002 South of Falrvlew, East of Records The Ada County Highway District has received the updated traffic analysis as requested. The District accepts the traffic numbers and is processing the application. There is no longer a hold on this project. Feel free to contact me if there are any other Questions or concerns. i!:1:=fH Planning and Development DIVision Project File Shari Stiles, City of Meridian JU~I-17-99 THU 10:47 Al DOSIE EHGltlEERn~G. I 2l;'lCl 345 32913 ( DOllIE ENGINEERING. INC. 777 Hearthstone Dr. Boise, 1D 83702 (208)345.3290 Dave Szplell. P.E. Ada County Highway District 318 E. 37th St. Boise, ID 83714 ~ NOV = 3 1999 CITY OfMEIIDIAN June 17, 1999 RE: Family Center at Meridian - MCU-17-98 Traffic rmpact Study Dear Dave: The purpose of this supplemental analysi~ is to consider the marginal impacts of the addition of 100,000 sq.fL of retail space to the approved Family Center at Meridian At full buildolll, the total traffic generated by the Center \Nill increase by 2040 vehicles per day. Moreover, this retail addition ...,(:ill add appro:;:imately 225 new peak hoUl' tfip~ Site access will be available from Fairview Avenue via the Records Avenue intersection plus two new driveways. It is anticipated that the new signalized Records Avenue intersection \vili receive the majority of the site traft1e, especially the left-tuming movements The c.apacity analysis for this signal was recalculated to include the additional traffic. The projected service levels are within the CID range for all approaches during the peak hour period This capacity is favorable and well within acceptable standards. Acceptable service levels will also be achieved at the site driveways to Fairview Avenue where the predominant movements will be right turns. The findings of trus supplemental analysis indicate that no signific.ant traffic problems will result from adding the proposed retail space to the Family Center site. Sincerely, Patrick Dobie, P. E. Dobie Engineering, lnc. BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF DEVELOPERS DIVERSIFIED FOR A COMPREHENSIVE PLAN ) AMENDMENT TO CHANGE LAND) USE FROM RESIDENTIAL TO ) COMMERCIAL FOR 4000 E. ) FAIRVIEW AVE., MERIDIAN, ) IDAHO ) ) Il-II-99 CASE NO. CPA-99-002 FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP The above entitled application for amendment to the City of Meridian's Comprehensive Plan Generalized Land Use Map having come on for public hearing before the City Council on the 3rd day of November, 1999, at the hour of 7:00 p.m., on said date at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and appearing and offering testimony was Shari Stiles, Planning and Zoning Administrator, and the Applicant, Larry Durkin of Developers Diversified Realty / Dakota Company, Inc., appeared and testified, and no one appeared in opposition, and the Council having received the record of this matter from the Planning and Zoning Commission, and having received the "Findings of Fact and Conclusions of Law and Decision and Recommendation of the Planning and Zoning Commission on FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - DEVELOPERS DIVERSIFIED REALTY CORP. PAGE I OF 16 this application, and having duly considered the matter, the City Council makes the follovving Findings of Fact, Conclusions of Law, Decision and Order Amending Comprehensive Plan Generalized Land Use Map. FINDINGS OF FACT I. A notice of the time, place, and a summary of the proposed amendment plan to be discussed at the November 3, 1999, hearing was published fifteen (15) days prior to said hearing; copies of all notices were made available to newspaper, radio, and television stations; the matter was duly considered at the November 3, 1999, public hearing; and the public was given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in the City of Meridian Comprehensive Plan and Idaho Code s 67-6509. 3. The property which is the subject of the application for amendment is herein described as follows to-wit: A parcel of land located in the NW1/4 of the NE1/4 of Section 9, T.3N., R.IE., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the N 1/4 corner of said Section 9 from which the NE corner of said Section 9 bears South 89022'3211 East, 2659.01 feet; thence along the North-South center line of said Section 9 South 00048'14" West, 49.74 feet to a point on the South right-of-way line of Fairview Ave. FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - DEVELOPERS DIVERSIFIED REALTY CORP. PAGE 2 OF 16 (US Highway 30), said point being the REAL POINT OF BEGINNING; thence along said South right-of-way line South 89035'24" East, 708.66 feet; thence leaving said South right-of-way line South 14059'32" West, 276.87 feet; thence South 00048'14" West, 554.06 feet; thence North 89035124" West, 640.79 feet to a point on the North-South centerline of said Section 9; thence along said North-South center line North 00048'14" East, 822.02 feet to the Real Point of Beginning, containing 12.30 acres, more or less. 4. The subject real property is generally located 1/2 mile east of Eagle Road at 4000 E. Fairview Ave., Meridian, Idaho, and has 708.66 feet of frontage on Fairview Avenue, and is approximately 822 feet deep and is presently in the county zoned County RT Rural Transition zone, and lies within the City of Meridian Impact Area boundaries, and is subject to the Comprehensive Plan of the City of Meridian. 5. The City has complied with the referral process with Ada County for the requested amendment of the Comprehensive Plan. 6. The Applicant is Developers Diversified Realty Corporation, of 3300 Enterprise Park Way, Beechwood, Ohio 44122. The owner of the real property is Terrace Lawn Memorial Gardens, Inc., Daniel Gibson and Carolyn Gibson of 1200 N. Cloverdale Road, Boise, Idaho, and 19500 Highway 20/26 Caldwell, Idaho. The FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP ~ DEVELOPERS DIVERSIFIED REALTY CORP. PAGE 3 OF 16 Applicant filed a written Comprehensive Plan amendment application with the consent and permission of the owners of the real property. 7. Pursuant to the application, the affected property is generally described as a 12.3 acre parcellh mile east of Eagle Road at 4000 E. Fairview Ave.; the affected property is currently designated Single Family Residential. 8. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Title 11, 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, Ord. No. 629-Jan.4, 1994 and Maps and Ordinance establishing the Impact Area Boundary. 9. The Applicant requested the Comprehensive Plan amendment and the application was not initiated at the request of the City of Meridian. 10. The proposed application requests a Comprehensive Plan amendment to change the designation of the subject property from Single Family Residential to Commercial. The designation change as requested by the Applicant requires an amendment to the Comprehensive Plan of the City of Meridian. (City of Meridian Comprehensive Plan, pg. 78-79). 11. The property immediately east and south of the subject parcel is an FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - DEVELOPERS DIVERSIFIED REALTY CORP. PAGE 4 OF 16 existing cemetery, which is located in Ada County. Applicant is requesting the Land Use Designation be amended to Commercial, in order to integrate the property into the Family Center at the Meridian project. The 1993 Comprehensive Plan Land Use Chapter states - Cornmercial and retail areas are established along the Fairview Avenue conidor. Section #4 of the Comprehensive Plan - Commercial Activity Centers, states - The location of Community Shopping Centers should be guided by peJfonnance and development standards which consider that Commercial Activiry Centers be located in proximity to other commercial developments and minimize impacts upon other adjacent areas. The Commercial Policies Section states - Community Shopping Centers will be encouraged to locate at arterial intersections and near high-traffic intensity areas. The reclassification of this project to land use of "Commercial" will meet all of these stated goals and policies, integrate the property into an existing commercial development and provide a buffer from the existing cemetery to the south and east. It is highly unlikely that the property to the east of the subject property would change from a cemetery use, which provides an excellent buffer to a commercial development. 12. The development intentions for the subject real property is to integrate the subject property into the existing Family Center at Meridian [this is the development which is subject to the conditional use permit for an 848,000 square FINDINGS OF PACT AND CONCLUSIONS OF LAW, DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - DEVELOPERS DIVERSIFIED REALTY CORP. PAGE 5 OF 16 foot retail shopping center which is a 74.74 acre site herein above mentioned]. It is the intent of the developer to create a commercially zoned property including the subject property which is approximately 24 acres in size. A Mixed Use Commercial development is planned in conjunction with the retail shopping center. 13. The conditions or situation which warrants a change being made from Single Family Residential to Commercial includes the fact that since the approval of the existing Comprehensive Plan there has been improvements to Eagle Road to make it a full five (5) lane road, and the property along Fairview Avenue adjacent and to the west of the subject property all the way to the intersection of Eagle Road and Fairview has been approved for the Applicant's conditional use permit for an 848,000 square foot retail shopping center, which is a 74.74 acre site, which is now being built. Considering the subject application is an extension of that development, which has taken into account development conditions, and considerations to buffer the commercial development, and the heavy traffic on Fairview and Eagle Roads from the Single Family Residential development, which lies to the south of the retail shopping center and considering previous conditions at the time of the adoption of the Comprehensive Plan that all of said area was undeveloped and considering the existing conditions, trends, desirable goals and objectives, and the desirable future FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - DEVELOPERS DIVERSIFIED REALTY CORP. PAGE 6 OF 16 situations of this area. 14. It is found to be in the best interests of the City to grant the requested application to enable appropriate zoning of the subject area as the same shall be annexed into the City. CONCLUSIONS OF LAW I. The procedural requirements of the Land Use Planning Act and of the Comprehensive Plan of the City of Meridian require notice of the time, place, and a summary of the proposed amendment to the Plan, the publication of which is to be fifteen (15) days prior to the hearing; copies of all notices are to be made available to newspaper, radio, and television stations. (Meridian Comprehensive Plan Implementation Chapter, Comprehensive Plan Amendment Section; Idaho Code S 67M6509(b)). 2. 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 "Land Use Planning Act" codified at Chapter 65, Title 67, Idaho Code (I.c. s 67-6509). 3. The Meridian Planning and Zoning Commission may exercise all the powers required and authorized under the "Land Use Planning Act" except the power FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - DEVELOPERS DIVERSIFIED REALTY CORP. PAGE 7 OF 16 to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code S 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 Title XI, Chapter I, Municipal Code of the City of Meridian. 4. The City Council or any group or person may petition the Planning and Zoning Commission for a plan amendment at any time. The following requirements, time tables, and procedures to amend Meridian's Comprehensive Plan at pages 78 - 79 must be satisfied: A. Application to amend the Comprehensive Plan may be filed with the Planning and Zoning Commission at any time. B. The Applicant will submit a letter for a Plan amendment which will contain the following; 4.B.l Specific definition of the change requested. 4.B.2 Specific information on any property involved. 4.B.3 The condition or situation which warrants a change being made in the Plan. 4.B.4 The public need for and benefit from such a change in the Plan. 4.B.5 Documentation that no other solutions to the problem are presented by the current policy of the Plan are possible or FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - DEVELOPERS DIVERSIFIED REALTY CORP. PAGE 8 OF 16 reasonable. 4.B.6 Development intentions for any land involved. 4.B.7 Any other data and information needed by the Planning and Zoning Commission in evaluating the proposal, such as who does it help, who does it hurt, how much is it going to cost and who is going to pay for it. C. No application will be considered until the required information is complete. (Meridian Comprehensive Plan Implementation Chapter, Comprehensive Plan Amendments Section). 5. The Commission may recommend amendments to the land use map component of the Comprehensive Plan to the City Council not more frequently than one every six (6) months. (Idaho Code & 67-6509(d); Meridian Comprehensive Plan Implementation Chapter, Comprehensive Plan Amendments Section) 6. The City Council may conduct a public hearing in addition to the public hearing conducted by the Planning and Zoning Commission as provided by Ordinance, prior to adoption, amendment, or repeal of the Comprehensive Plan using the same notice and hearing procedures as the Commission, only after having received the Recommendations from the Planning and Zoning Commission. Idaho Code S 67-6509(b). 7. The Comprehensive Plan of the City of Meridian provides at page 79 in FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - DEVELOPERS DIVERSIFIED REALTY CORP. PAGE 9 OF 16 Section F, G and H of the Section entitled "Comprehensive Plan Amendments" for the procedure to be followed by the City Council upon receipt of the Planning and Zoning Commission's recommendations to as follows: E Upon receipt of the Planning and Zoning Commission's recommendations on Plan amendments, the City Council will set a date for public hearing on the application. At the public hearing, the proposed amendments will be presented and the City Council 'will receive the report of is Committee, if one has been appointed, and public testimony on each application. fr At the public hearing or within 45 days thereafter, the City Council shall approve or deny the application (except that with the written agreement of the applicant, an additional amount of time, which shall be specified, may be taken). All applicants shall be notified by mail of the City Council's decision and the decision shall be supported by findings of fact and conclusions of law. If the City Council makes a material change in the proposed plan amendment it shall conduct one additional public hearing prior to adopting the proposed amendment as changed and may alter its findings of fact and conclusions of law. ~ All applications for Comprehensive Plan amendments shall be acted upon by the City Council within 16 months from their date of filing unless, upon written agreement of the applicant, an additional amount of time may be specified, or unless the provisions of Section (1) are applicable requiring additional time for study. 8. The Meridian Comprehensive Plan applies to the Meridian Area of City Impact and the coordination of amendments and zoning applications in the Impact Area are as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - DEVELOPERS DIVERSIFIED REALTY CORP. PAGE 10 OF 16 1-11-6 Meridian City Code: Coordination of Amendments and Zoning Applications: "A. County and City Coordination: All applications for Ada County and Meridian amendments to their respective comprehensive plans and implementing ordinances which apply within the area of City impact shall be sent by the entity considering such amendment to the other entity. A separate referral process shall be adopted by resolution by each entity regarding procedures and time periods for, and the effect of, sending such amendments, and such resolution may be amended from time to time upon mutual agreement in writing by Ada County and the City. B. Applications To City: All Ada County applications for planned developments, subdivisions, rezones, private roads, and conditional use permits within the area of City impact shall be sent to Meridian, in accordance with the referral process arrived at pursuant to subsection A of this Section." 9. To change a designation from Single Family Residential to Commercial requires approval by the Planning and Zoning Commission as provided under the City of Meridian Comprehensive Plan, Implementation Chapter Comprehensive Plan Amendments Section. 10. Upon review of an amendment application relating to land use designations, the Council should take the following objectives into account: 10.1 Mixed~planned uses along the 1-84 corridor, which are attractive and compatible with high~volume traffic corridors. 10.2 Designating ample land for urban expansion and infill. FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - DEVELOPERS DIVERSIFIED REALTY CORP. PAGE II OF 16 10.3 Quality residential neighborhoods, north, south, east, and west of Old Town. 10.4 Planned mixed uses along 1-84, Franldin Road, U.P. Railroad, and Fairview Avenue corridors. 10.5 Buffers to the waste treatment plant. 10.6 Adequate school and park sites for quality living. 10.7 The importance of maintaining compatible land uses to ensure an optimum quality of life. 10.8 Respect for the responsibilities and rights ofland ownership. 10.9 Reinforce the role of the City in regulating the use of land resources for the benefit of future generations. 10.10 Plan for multiple use of public facilities wherever feasible. 11. Upon review of an amendment application affecting residential designations, the Council should take the following policies into account: 11.1 Support a variety of residential categories (urban, rural, single- family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. 11.2 Support strategies for the development of neighborhood parks within all residential areas. 11.3 Protect and maintain residential neighborhood property values, improve each neighborhood's physical condition and enhance its quality of life for residents. FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - DEVELOPERS DIVERSIFIED REALTY CORP. PAGE 12 OF 16 11.4 Encourage sidewalks and paved streets for all existing neighborhoods through joint ACHD/Local Improvement District programs. 11.5 Encourage compatible infill development which will improve existing neighborhoods. 12. The requirements for a Comprehensive Plan are set forth in r.c. s 67- 6508. The statute provides in part that: "The plan shall consider previous and existing conditions, trends, desirable goals and objectives, or desirable future situations for each planning component. The maps and charts are based on the components of the written plan." 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 that: 1. The Applicant's request for Comprehensive Plan Amendment to the Generalized Land Use Map Component to change the real property described in Finding of Fact no. 3 from a Single Family Residential designation to Commercial designation is granted. 2. The City Attorney is directed to prepare for consideration by the City FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - DEVELOPERS DIVERSIFIED REALTY CORP. PAGE 13 OF 16 Council the appropriate Resolution directing the Comprehensive Plan Land Use Map Component change of the subject real property from Single Family Residential to Commercial. 3. Subsequent to the passage of the Resolution, 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 Comprehensive Plan Generalized Land Use Map component in conformance with this Order and the provisions of the Resolution. 4. The City Clerk is to notify and provide a certified copy of the Resolution to the appropriate Ada County officials to notify them of the Comprehensive Plan amendment. FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - DEVELOPERS DIVERSIFIED REALTY CORP. PAGE 14 OF 16 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 Comprehensive Plan Land Use Map change 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 16";6... day of /Iov.efrl ~ ,1999. ROLL CALL COUNCILMAN RON ANDERSON VOTED 1}2q, COUNCILMAN GLENN BENTLEY VOTED ~~ COUNCILMAN KEITH BIRD VOTED {(lA, COUNCILMAN CHARLIE ROUNTREE VOTED (/tdA FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - DEVELOPERS DIVERSIFIED REALTY CORP. PAGE 15 OF 16 MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: //-/6 -~9' MOTION: fi\ APPROV~~ ----====-:rSAPPROVED Copy served upon Applicant, Planning and Zoning Department, Public Works Department, appropriate Ada County officials, and the City Attorney. ByJfdtt~P~ C) City Clerk Dated: I 1-16-?/tj msyjZ:\ W ork\M\Meridian 15360M\Developers Diversified\FfClDecOrdCP A FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - DEVELOPERS DIVERSIFIED REALTY CORP. PAGE 16 OF 16 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN 11-11.99 IN THE MA TIER OF THE REQUEST FOR REZONE OF APPROXIMATELY 11.4 ACRES FOR EXPANSION OF MERIDIAN FAMILY CENTER/CROSSROADS MALL Case No: RZ.99-007 FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER GRANTING APPLICATION FOR REZONE DEVELOPER DIVERSIFIED REALTY CORPIDAKOTA CO., Applicant. The above emitled matter on the rezoning application of 11.4 acres having come on for public hearing on November 3, 1999, at the hour of 7:30 o'clock p.m., and Council having received the report of Shari Stiles, Planning and Zoning Administrator, and Shari Stiles, Planning and Zoning Administrator, and Larry Durkin of Developers Diversified Realty CorplDakota Company, Inc., for the Applicam, appeared and testified, and no one appeared in opposition to the request, 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 follmving Findings of Fact and Conclusions of Law, Decision and Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF Il.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORPI DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER! CROSSROADS MALL / (RZ-99-007) - l 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 November 3, 1999, before the City Council, the first publication appearing and written nOtice having been mailed to property owners or purchasers of record vvithin three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and vvith 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 November 3, 1999, 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 9~ 67-6509 and 67-6511, and 99 11-2-416~ and 11-2-417 A, Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORPI DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTERJ CROSSROADS MALL I (RZ-99-007) - 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, 1994, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is approximately llA acres in size. The property is generally located Ij~ mile east of Eagle Road south of Fairview Avenue, in Meridian, Idaho, and is described as follows: A parcel of land located in the NE 1/4 of the NW 1/4 of Section 9, T. 3N., R. IE., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the corner common to Sections 4, 5, 8 and the said Section 9, thence South 89022'10" East, 2659.63 feet to the 1/4 corner common to said Sections 4 and 9; thence South 0048' 14" West, 49.74 feet to a point on the southerly right~of~way of Fairview Avenue, said point being the Real Point of Beginning. Thence continuing along the north-south mid-section line South 0048'14" West, 831.11 feet to a point; Thence North 89035'32" West, 596.18 feet to a point; Thence North 0025'00" East, 831.11 feet to a point on the southerly right-of-way of Fairview Avenue; Thence along said right-of-way South 89035'24" East, 601.79 feet to the Real Point of Beginning. Containing 11.42 acres (497,816 square feet), more or less. 5. The real property which is the subject of this application will be joined and developed with the real property which is the subject of a companion FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORPI DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER! CROSSROADS MALL / (RZ-99-007) - 3 application in action "In the Matter of the Application of Developer Diversified Realty Corp., the Application for Annexation and Zoning of 13.09 acres for Expansion of Family Center and Crossroads Mall, 4000 E. Fairview Ave., Meridian, Idaho" (AZ-99-0 12]. 6. The ovvner of record of the subject property is Developers Diversified Realty Corp., of 3300 Enterprise Parkway, Beechwood, Ohio. 7. The Applicant is the owner of record. 8. The property is presently zoned as Meridian Light Industrial (1- L), and is currently vacant. 9. The Applicant requests the property be rezoned to Community Business District (CC), defined in Section 11-2-408 B 9 of the Revised and Compiled Ordinances of the City of Meridian. 10. The proposed site is surrounded by Crossroads Subdivision to the south, Terrace Lawns Memorial Gardens to the east, agricultural land to the north and the Meridian Family Center/Meridian Crossroads Mall to the west. II. The subject property is within city limits of the City of Meridian. 12. The entire parcel of the property is included within the Meri~n Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 13. The Applicant proposes to develop the subject property in the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALIT CORPI DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER! CROSSROADS MALL / (RZ-99-007) . 4 follovving manner: continued construction and development of the Meridian Family Center/Meridian Crossroads Mall. 14. The Applicant' s requested rezoning of the subject real property as Community Business District (CC) is consistent "vith the commercial designation pending with the Meridian City Council on amendment of the Meridian Comprehensive Plan Generalized Land Use Map which would designate the subject property as Commercial, there is a pending application for amendment to the Comprehensive Plan from Single Family Residential to Commercial. If the Comprehensive Plan change is granted, this application would be consistent "vith the Comprehensive Plan Generalized Land Use Map. 15. There are no significant or scenic features of major importance that affect the consideration of this application. 16. The subject application for rezone and the proposed development relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follows: 16.1 Commercial and retail areas are established along the Fairview Avenue corridor. Section #4 of the Comprehensive Plan - Commercial Activity Centers, states - The location of Commw::lity Shopping Centers should be guided by performance and -: development standards which consider that Commercial Activity Centers be located in proximity to other commercial developments and minimize impacts upon other adjacent areas. 16.2 The Commercial Policies Section states - Community Shopping FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1104 ACRES BY DEVELOPERS DIVERSIFrED REALTY CORP/ DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER! CROSSROADS 1'v1.ALL / (RZ-99-007) .5 Centers 'Nill be encouraged to locate at arterial intersections and near high-traffic intensity areas. 17. In review of the application for rezone it is provided at Section 11-2-416K of the Municipal Code for the General Standards that the Commission and Council review this proposed zoning amendment and pursuant to the criteria of said section finds that: 17.1 The area included in the zoning amendment is not intended to be rezoned in the future; 17.2 That the applicant is agreeable to a requirement that all development of the subject real property be accomplished under the conditional use process, which is found as a reasonable condition of granting the application to be imposed by a development agreement; 17.3 The proposed use will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance \,yith 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; 17.4 The proposed use will not be hazardous or disturbing to existing or future neighboring uses, subject to the conditions of the conditional use process; 17.5 The area will be served adequately by essential public - facilities and services such as highways, streets, police attd 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORPI DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER! CROSSROADS MALL I (RZ-99-007) .6 17.6 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. subject to the conditions of rezone in conjunction with the condi tions of development as required in the Development Agreement required in AZ-99-0 L 2 "In the Matter of the Application of Developer Diversified Realty Corp., the Application for Annexation and Zoning of 13.09 acres for Expansion of Family Center and Crossroads Mall, 4000 E. Fairview Ave., Meridian, Idaho" set forth as follows: 17.6.1 Dedicate sufficient additional right-of-way to total 60-feet from section line of Fairview Avenue abutting the entire site. The right-of-way shall be dedicated by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of any Certificate of Occupancy. 17.6.2 Dedicate 76-feet of right-of-way (38-feet from the centerline) for Records Drive from Fairview Avenue to a point 300-feet south of Fairview Avenue and 60-feet of right-of-way (30-feet from centerline) for Records Drive from that point to the south boundary of the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a any Certificate of Occupancy. 17.6.3 Construct a 5-foot wide concrete sidewalk on Fairview Avenue abutting the site (approximately 822-feet total) prior to issuance of any Certificate of Occupancy. The construction plans for the development showing the sidewalk must be approved prior to issuance of a building permit. 17.6.4 Prior to opening of the development. construct pavement widening on Fairview Avenue to add one eastbound lane from Records Drive to the east property line. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF I 1.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORPI DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER! CROSSROADS MALL / (RZ-99-007) . 7 17.6.5 17.6.6 17.6.7 Construct a ma..ximum of three driveways on Fairview Avenue a minirnum of 440-feet for a full access driveway and 220-feet for a right-inJright-out driveway from any public street intersection and 220-feet from all existing or proposed driveways. The maximum driveway 'width will be 40-feet ...vith a minimum storage length of IOO-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Construct pavement tapers with IS-foot radii. Coordinate the design, storage length and location of any proposed driveways with District staff. Construct Records Drive as a 65.foot street section (with curb, gutter and S-foot wide concrete sidewalk) from Fairview Avenue to a point 300-feet south of Fairview Avenue. Records Drive shall be located approximately 2,1 OO-feet east of Eagle Road. Widen the approach to Fairview Avenue to provide twO northbound left turn lanes and one northbound through/right-turn lane. Two southbound lanes are needed from Fairview Avenue to a point 300-feet south of Fairview. Dedicate sufficient right-of-way for the noted improvements. Construct a traffic signal at the Fairview Avenue/Records Drive intersection. Provide and install an Opticom device for emergency vehicle pre- emption of the signal to the satisfaction of ACHD and the Meridian Fire Department. Other materials for the traffic signal are to be purchased from ACHD or be demonstrated to meet ACHD specifications. The signal should be designed to - allow the future construction of dual left-turn larfes on Fairview Avenue. The applicant will be responsible for the entire cost of the signal installation. Submit the signal design to District staff for approval prior to construction. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORPI DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER! CROSSROADS MALL / (RZ-99-007) .8 17.6.8 17.6.9 17.6.10 17.6.11 17.6.12 A ma..-Gmum of three driveways are approved on Records Drive. The driveways shall be located a minimum of I75~feet south of Fairview Avenue and aligned or offset 150-feet from all existing or proposed driveways. The driveways shall be constructed as 24 to 30-foot curb return driveway with IS-foot curb radii. The minimum storage . length shall be 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Presidential Drive. Other than the access points specifically approved "vith this application, direct lot or parcel access to Records Drive or Fairview Avenue is prohibited. Applicant shall submit a revised legal description to meet all of the criteria required by Meridian City Resolution 158, and the Idaho State Tax Commission for the rezone. Applicant shall prepare and submit a subdivision plat for any splitting of property. Applicant shall satisfy all fire code requirements including those pertaining to water flow and fire hydrants. 17.7 The proposed use will not involve a use, activity, process I material, equipment and condition 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, subject to the conditions of the conditional use process; 17.8 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, subject to the conditions of development herein imposed as conditions of granting this application; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORPI DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER! CROSSROADS MALL I (RZ.99-007) . 9 1 7.9 The use "viII not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 17.10 The proposed zoning amendment is in the best interest of the City of Meridian. 18. The legal description of the property that is the subject of this application for re~zone is as follows: A parcel of land located in the NE 1/4 of the NW 1/4 of Section 9, T. 3N., R. 1 E., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the corner common to Sections 4, 5, 8 and the said Section 9, thence South 89022'10" East, 2659.63 feet to the 1/4 corner common to said Sections 4 and 9; thence South 0048'14" West, 49.74 feet to a point on the southerly right-of-way of Fairview Avenue, said point being the Real Point of Beginning. Thence continuing along the north-south mid-section line South 0048' 14" West, 831.11 feet to a point; Thence North 89035'32" West, 596.18 feet to a point; Thence North 0025'00" East, 831.11 feet to a point on the southerly right-of-way of Fairview Avenue; Thence along said right-of-way South 89035'24" East, 601.79 feet to the Real Point of Beginning. Containing 11.42 acres (497,816 square feet), more or less. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORPI DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER! CROSSROADS MALL I (RZ-99-007) - 10 responsibility as provided by "Local Land Use Planning Act of 1975", codined 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 following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 3.1 Commercial and retail areas are established along the Fairview Avenue corridor. Section #4 of the Comprehensive Plan - Commercial Activity Centers, states - The location of Community Shopping Centers should be guided by performance and development standards which consider that Commercial Activity Centers be located in proximity to other commercial developments and minimize impacts upon other adjacent areas. 3.2 The Commercial Policies Section states - Community Shopping Centers will be encouraged to locate at arterial intersections and near high-traffic intensity areas. 4. The requested zoning of Community Business District, (C-C) is defined in the Zoning Ordinance at 11-2A08B(9) as follows: fC-C) Community Business District: The purpose of the (C-C) District is to permit the establishment of general business uses that are of a larger scale than a neighborhood business, and to encourage the development of modern shopping centers with adequate off-street parking facilities, and associated site amenities to serve area residents and employees; to prohibit strip commercial development and encornage the clustering of commercial enterprises. All such districts shall have"""';" direct access to a transportation arterial and collector and be connected to the Municipal Water and Sewer systems of the City of Meridian. 5. Idaho Code ~ 67-6511 provides and requires that the City FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORPI DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER! CROSSROADS MALL I (RZ-99-007) - II 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 \vith particular consideration given to the effects of any proposed zone change upon the delivery of services by any poli tical subdivision providing public services, including school districts, within the City's planning jurisdiction and that it is in conformance vvith the Comprehensive Plan. 6. Idaho Code S 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 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. 7. The City of Meridian by the adoption of S 11-2-416L 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. 8. s 11-2-407 A ZONING DISTlUCT 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REAL TI' CORPI DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER! CROSSROADS MALL I (RZ-99-007) . 12 on the Official Zoning Map, the follQ\.ving shall apply: 8.1 vVhere 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; 8.2 Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries; 8.3 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. If no distance is given, such dimensions shall be determined by the use of the scale shown on the Official Zoning Map; and 8.4 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. 9. S 11-2-416 K of the Municipal 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: 9.1 The new zoning will be harmonious with and in accordance \-\lith the Comprehensive Plan. -: 9.2 The area is not intended to be rezoned in the future. 9.3 The area is intended to be developed in the fashion that is allowed under the new zoning. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORPI DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER! CROSSROADS MALL I (RZ-99-007) - 13 9.4 There has been no change in the area or adjacent areas which would dictate the area should be rezoned. 9.5 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; 9.6 The proposed uses will not be hazardous or disturbing to existing or future neighboring uses; 9.7 The area will be served adequately by essential public faciIi ties 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; 9.8 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; 9.9 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; 9. 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; 9.11 The use will not result in the destruction, loss or damage of a - natural or scenic feature of major importance; and -: 9.12 The proposed zoning amendment is in the best interest of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REAL TV CORPI DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER! CROSSROADS MALL I (RZ-99-007) - 14 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 11.4 acres for continued construction and development of the Meridian Family Center/Meridian Crossroads Mall is granted, subject to the terms and conditions of this Order hereinafter stated; and 2. The City Attorney was directed in Case No. AZ-99.0 12 to prepare a development agreement in accordance with the general form used by the City of Meridian for such agreements, with the following special terms and conditions which also relate to in this application to-wit: 2.A That the Development Agreement shall also include and contain the conditions of and for the real propeny which is the subject of rezoning application, Case No. RZ-99~007. Conditions of Use: 2.1 All development and uses for and of the proposed development shall be developed under the condi tional use permi t process as a planned development. Conditions of Development: 2.2 Dedicate sufficient additional right-of-way to total 60~feet from section line of Fairview Avenue abutting the entire site. The right- of-way shall be dedicated by means of recordation of a final FINDINGS OF FACT AND CONCLUSIONS OF lAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORPI DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER! CROSSROADS MALL I (RZ-99-007) - 15 subdivision plat or execution of a warranty deed prior to issuance of any Certificate of Occupancy. 2.3 Dedicate 76~feet of right-of-way (38-feet from the centerline) for Records Drive from Fairview Avenue to a point 300-feet south of Fairview Avenue and 60-feet of right-of-way (30-feet frOl11. centerline) for Records Drive from that point to the south boundary of the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a any Certificate of Occupancy. 2.4 Consuuct a 5-foot wide concrete sidewalk on Fairview Avenue abutting the site (approximately 822-feet total) prior to issuance of any Certificate of Occupancy. The construction plans for the development showing the sidewalk must be approved prior to issuance of a building permit. 2.5 Prior to opening of the development, construct pavement widening on Fairview Avenue to add one eastbound lane from Records Drive to the east property line. 2.6 Construct a maximum of three driveways on Fairview Avenue a minimum of 440-feet for a full access driveway and 220-feet for a right-in/right-out driveway from any public street intersection and 220~feet from all existing or proposed driveways. The ma..ximum driveway width will be 40-feet with a minimum storage length of IOO-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Construct pavement tapers with I5-foot radii. Coordinate the design, storage length and location of any proposed driveways with District staff. 2.7 Construct Records Drive as a 65-foot street section (with curb-r gutter and 5-foot wide concrete sidewalk) from Fairview Aven(ie to a point 300-feet south of Fairview Avenue. Records Drive shall be located approximately 2,1 OO-feet east of Eagle Road. Widen the approach to Fairview Avenue to provide two northbound left turn lanes and one northbound through/right-turn lane. Two southbound lanes are needed from Fairview Avenue to a point FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORPI DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER! CROSSROADS MALL / (RZ-99-007) - 16 300-feet south of Fairview. Dedicate sufficient right-of-way for the noted improvements. 2.8 Constmct a traffic signal at the Fairview Avenue/Records Drive intersection. Provide and install an Opticom device for emergency vehicle pre-emption of the signal to the satisfaction of ACHD and the Meridian Fire Department. Other materials for the traffic signal are to be purchased from ACHD or be demonstrated to meet ACHD specifications. The signal should be designed to allow the future construction of dual left-turn lanes on Fairview Avenue. The applicant will be responsible for the entire cost of the signal installation. Submit the signal design to District staff for approval prior to constmction. 2.9 A maximum of three driveways are approved on Records Drive. The driveways shall be located a minimum of I 75-feet south of Fairview Avenue and aligned or offset ISO-feet from all existing or proposed driveways. The driveways shall be constmcted as 24 to 3D-foot curb return driveway with IS-foot curb radii. The minimum storage length shall be 50-feet. Install a 36" by 36" high intensity ?TOP sign at the driveway's intersection with Presidential Drive. 2.10 Other than the access points specifically approved with this application, direct lot or parcel access to Records Drive or Fairview Avenue is prohibited. 2.11 Applicant shall submit a revised legal description to meet all of the criteria required by Meridian City Resolution 158, and the Idaho State Tax Commission for the rezone. 2.12 Applicant shall prepare and submit a subdivision plat for any splitting of property. 2.13 Applicant shall satisfy all fire code requirements including those pertaining to water flow and fire hydrants. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORPI DAKOTA CO. FOR EXPANSION OF MERIDLAN FAMILY CENTER! CROSSROADS MALL I (RZ-99-007) . 17 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-C) Community Business District (S ll-2-408 B (9) of the Revised and Compiled Ordinances of the City of Meridian) which ordinance shall be considered for passage subsequent to the applicant having executed the development agreement. 4. Subsequent to the passage of the Ordinance, provided for in Section 2 of this Order, the engineering staff of the Public Works Depanment shall prepare the appropriate mapping changes of the official Zoning Maps as provided in S 11-2A25 of the Revised and Compiled Ordinances of the City of Meridian in accordance 'Vvith the provisions of the rezoning ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF IIA ACRES BY DEVELOPERS DIVERSIFIED REALTY CORP; DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER! CROSSROADS MALL; (RZ-99-007) - 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 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 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 tVtJvevn b.ef- ~, t 999. ROLL CALL COUNCILMAN RON ANDERSON VOTED Ij~v,- COUNCILMAN CHARLIE ROUNTREE VOTED~ VOTED~ VOTED* COUNCILMAN GLENN BENTLEY COUNCILNtAN KEITH BIRD 1'v1A YOR ROBERT CORRIE (TIE BREAKER) DATED: 11-/6-C/c; VOTED--=-- MOTION: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORPI DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER! CROSSROADS MALL I (RZ-99-007) - 19 APPROVED: ~__ DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. By.fl~p/fc't 9" Dated: 1/-/6-f,9 City Clerk <~'\\ \ \ ",~111 J 1111} 111'1//11 ",,'\'~"\ of MElr.VI../';I,//,,- / CJ ~cp?-POR4 h iFV ~ t ",. <'0 \ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORPI DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER! CROSSROADS MALL I (RZ-99-007) - 20 BEFORE THE MERIDIAN CITY COUNCIL 11-10-99 IN THE MATTER OF THE APPLICATION OF,:,HIR@OjiEE@ FOR A VARIANCE OF THE EAST SIDE YARD SETBACK (REDUCTION FROM 10 FEET TO 7 FEET), NORTH ON W. BROADWAY AVENUE AND WEST 4TH STREET, MERIDIAN, IDAHO VAR-99-008 FINDINGS OF FACT AND @ONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIAN@E The above entitled matter coming on regularly for public hearing before the City @oundl on the November 3, 1999, and Shari Stiles, Planning and Zoning Administrator, appeared and commented at the hearing, and appearing on behalf of the Applicant was Becky Bowcutt, Briggs Engineering, Inc., who represented Pipco, LEC, an Idaho Limited Liability Company, appeared and testified on behalf of the applicant at the hearing, and no one appeared in opposition, and the City @oundl having received the transmittal to agencies and having received the variance application, having heard the testimony presented, being fully advised in the premises does hereby make the following Findings of Fact and @onclusions of Law and Order of Decision, as follows to-wit; FINDINGS OF FACT 1. The @ity @ouncil takes judicial notice of its Zoning, Subdivisions and Development Ordinances codified at Title II Municipal @ode of the City of Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 1 of 9 ORDER OF DECISION GRANTING A VARIANCE / PIPCO, LLC 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 notice requirements of Idaho Code &9 67-6509, 6516 and 9911-2- 416 E and 419 D as evidenced in the record of this matter have been met. 3. The Applicant and owner of record is PIPCO, EEC, an Idaho Limited Liability Company, 11355 Camas, Boise, Idaho 8709. 4. The location of the subject real property is W. Broadway Avenue on the north approximately midway between W. 7th Street and W. 4th Street, Meridian, Idaho. 5. The legal description of the property appertains to the real property that is included within the SEABURY VARIANCE map as appears in the record of proceeds of this matter, and is described as follows: A parcel of land lying in the SE 1/4 of Section 12, Township 3 North, Range 1 West, Boise Meridian, Ada @ounty, Idaho, more particularly described as follows: Commencing at the northwest corner of the SE 1/4 of Section 12, Township 3 North, Range 1 West, Boise Meridian, thence N 89046'2311 E 660.00 feet along the north line of said SE 1/4 to a point; thence S 00000'00" E 500.26 feet the REAL POINT OF BEGINNING of this description; Thence S 00000100" E 129.74 feet to a point on the northerly right-of-way of Broadway Avenue; Thence S 89046'2011 W 66.00 feet to a point; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 2 of 9 ORDER OF DECISION GRANTING A VARIANCE / PIPCO, LLC Thence N 00000'00" W 130.00 feet to a point; Thence N 90000'00" E 66.00 feet to the REAL POINT OF BEGINNING of this description. Said parcel of land contains 0.20 acres, more or less. 6. The present land use of subject property is presently zoned as (R-15) Medium High Density Residential District, and consists of 0.20 acres. 7. The proposed land use of subject property is to develop the subject property in the following manner; To construct a two story tri-plex for residential use. 8. The Applicant seeks a variance of the following provision of the Revised and Compiled Ordinances of the City of Meridian, Section 11-2-410 A, Zoning Schedule of Bulk and Coverage Controls for R-15 zone, which provides for "Interior Side Minimum Yard Setback Requirements of 5' per stOlY. There is a total of 7' on the east property boundary line for the construction of this proposed two story tri-plex." 9. The characteristics of the subject property which prevent compliance with the requirements of the Ordinance are an encroachment of a carport and fence on the west boundary of the property. The neighbor will not cooperate with the property owner and relocate the carport or fence. All fences along the Broadway parcels are off by 7 feet. 10. The difficulty or hardship which would result if requirements of the Ordinance were applied to the subject property are that a structure cannot be constructed on the lot due to the neighbors encroachment. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 3 of 9 ORDER OF DECISION GRANTING A VARIANCE / PIPCO, LLC 11. The unusual or peculiar circumstances which indicate that regulations of this Ordinance should not be strictly compiled with, is that, the property boundary problems in this area have created a unique situation that cannot be resolved with the neighbor. The Applicant has to accommodate the encroachment of the carport and fence. 12. The statement that special conditions and circumstances exist which are peculiar to the land, structure or buildings involved which are not applicable to other lands, structures or buildings in the same district pertains to the matter that the neighbors have assumed for years the property boundary was the existing fence line. Modifications of the neighbor's fence and carport would cause a hardship. 13. A literal interpretation of the provisions of the Ordinance shall deprive the Applicant of rights commonly enjoyed by other properties in the same district under terms of the Ordinance is that the lot is only 66 feet wide, and to reduce the lot by the two 10 foot setbacks and the 3 foot overhang, the lot would only have a buildable area of only 43 feet. This 43 feet is difficult to build upon. 14. The statement that special conditions or circumstances exist that were not a result of the Applicant's action are that the property boundary problems have existed fro 111any years, predating the Applicant. 15. The variance requested are not out of convenience but from necessity. The configuration of the parcel was determined by prior developments (i.e., sewer and water FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 4 of 9 ORDER OF DECISION GRANTING A VARIANCE I PIPCO, LLC previously installed). The variance is not profit oriented, it is due to practicality. This request is to satisfy the wishes of the neighbor on the west. The neighbor does not want to relocate the carport or fence. This variance will allow the carport and fence to remain. 17. The Applicant's request for a variance does not contradict the Meridian Comprehensive Plan. 18. 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, the 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. 19. 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. 20. The Applicant paid the fee established by the City Council for application variance. CONCLUSIONS OF LAW 1. The @ity 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 5 of 9 ORDER OF DECISION GRANTING A VARIANCE / PIPCO, LLC process of applications for variance pennits. 2. The City of Meridian has exercised its authority of Idaho Code & 67-6516 by the enactment as a part of its Zoning and Development Ordinance variances, as set forth in S 11-2-419 of the Municipal Code of the City of Meridian. 3. That the requirements for the processing of a variance request are set forth in Idaho Code 99 67-6509, 6516 and && 11-2-416E and 418E Municipal Code of the City of Meridian. 4. Application and standards for variances are set forth in & 11-2-419B Municipal Code of the City of Meridian, and the findings whicl1 are required are set forth in S 11-2-419C, include required findings that there are special circumstances or conditions affecting the property that strict application of the provisions of Zoning and Development 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 6 of 9 ORDER OF DECISION GRANTING A V ARlANCE / PIPCO, LLC 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. The provisions of the Revised and Compiled Ordinances of the City of Meridian, Section 11-2-410 A, Zoning Schedule of Bulk and Coverage Controls for R-15 zone provide for "Interior Side Minimum Yard Setback Requirements of 5' per stOlY." 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: I. The Applicant is hereby granted a variance of the provisions of the Revised and Compiled Ordinances of the City of Meridian Section 11-2-410 A Zoning Schedule of Bulk and Coverage Controls for "Interior Side Minimum Yard Setback Requirements of Sl per story. There is a total of 7' on the eastern boundary of the subject property, which is described in Findings no. 5 for the construction of a two story tri-plex for residential use as depicted in the Building Plan attached to the Variance Application for the Seabury property." FINDINGS OF PACT AND CONCLUSIONS OF LAW AND -- Page 7 of 9 ORDER OF DECISION GRANTING A VARIANCE / PIPCO, LLC 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 a variance authorizing a variance of the Zoning Schedule of Bulk Use and Coverage Controls, of the R~ 15 Zone as provided in the Section 11-2~41 0 A, and may within twenty~eight (28) days after the date of tllis decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. . ~~ By action of the City Council at its regular meeting held on the /6 - day of ;1/ove~~ ,1999. ROLL CAlL COUNCIEMAN RON ANDERSON VOTE Dr VOTED~ COUNCIEMAN GLENN BENTLEY COUNCIEMAN KEITH BIRD VOTED~ COUNCILMAN CHARLIE ROUNTREE VOTED~ MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED_ DATED: /1-16-Q'J FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -~ Page 8 of 9 ORDER OF DECISION GRANTING A VARIANCE / PIPCO, LLC MOTION: APPROVED:~ DISAPPROVED; Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and the City Attorney office. By~~~~f City Clerk Dated; 11-/6r--ff msglZ:\Work\M\Meridian I 5360M\Pipco LLC - VAR\rfClsGralltVariance FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 9 of 9 ORDER OF DECISION GRANTING A VARIANCE / PIPCO, LLC BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR PRELIMINARY PUT FOR TARAWOOD SUBDIVISION BY MICHELANGELO INVESTMENTS, LLC, Case No. PP~99-012 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PUT The above entitled matter coming on regularly for public hearing before the City Council on September 21, 1999, continued until October 5, 1999, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and Becky Bowcutt of Briggs Engineering, Inc., appeared for the Applicant, and Frank Stoppello, the owner of the property, appeared and testified, and appearing in opposition was Clint Riley, President of Los Alamitos Subdivision, and additionally continued to November 3, 1999, and Shari Stiles, Planning and Zoning Administrator, appeared at the hearing, and the Applicant's representative, Becky Bowcutt of Briggs Engineering, Inc., appeared at the hearing and testified, and the City Council having received a report from Bruce Freckleton, Assistant City Engineer, and Brad Hawkins-Clark, Assistant 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 Plat Drawing DWG DATE: 06- 30-99, DWG NO: 990510-PRE, SHEET: 1 OF 1 PRE, \STO-PRE. JSM, stamped FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT- TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC - 1 JUE 01 1999, BRIGGS ENGINEERING, INC., for TARAWOOD SUBDIVISION, submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Section 11-9-604, Municipal Code of the City of Meridian. 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 vvithin the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Comprehensive Plan and Map, adopted December 21, 1993 and, the property is presently zoned, and requires connection to the Municipal Water and Sewer System. [see Section 11-2-408(B)(4), Municipal Code of the City of Meridian.] 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 vvith the requirements and conditions hereinafter set forth as conditions of preliminary plat approval. 4. The proposed development is a continuity of the proposed development FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - TARA WOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC - 2 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 dra'wing of the preliminary plat herein designated as: "DWG DATE: 06-30-99, DWG NO: 990510-PRE, SHEET: 1 OF 1 PRE, \STO-PRE. JSM, stamped JUL 01 1999, BIUGGS ENGINEERING, INC., for TARAWOOD SUBDIVISION". DECISION AND ORDER Pursuant to the City Council's authority as provided in Section 11-9- 604E of the Municipal Code of the City of Meridian and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT- TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC - 3 I. The Preliminary Plat of the applicant as evidenced by "DWG DATE: 06-30-99, DWG NO: 990510-PRE, SHEET: 1 OF 1 PRE, \STO-PRE. JSM, stamped JUL 01 1999, BRIGGS ENGINEERING, INC., for TARAWOOD SUBDIVISION", is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: Adopt the Ada County Highway District's Recommendations as follows: 2.1 Developer shall extend Bayou Bar Way into the subdivision between Lot 3, Block 1, and Lot 1, Block 2, as a 37 -foot street section, with 5- foot wide attached concrete sidewalk in 50-feet of right-of-way. Transition of the sidewalk and right-of-way dedication shall be coordinated with District staff. 2.2 Developer shall extend Gold Bar Way into the subdivision between Lot 9, Block 2, and Lot 15, Block 3, as a 7-foot street section, with 5-foot wide attached concrete sidewalk in 50-feet of right-of-way. 2.3 Developer shall extend Short Horn Avenue into the subdivision between Lot 8, Block 1, and Lot 1, Block 3, as a 37-foot street section, with 5- foot wide attached concrete sidewalk in 50-feet of right-of-way. 2.4 Developer shall construct all public roads within the subdivision as 37- foot street sections with curb, gutter, and 5-foot wide concrete sidewalks .within 50-feet of right-of-way. 2.5 Developer shall construct an ACHD approved turnaround at the north end of Shorthorn Avenue, and at the east end of Talawood Avenue, with a minimum turning radius of4S-feet. Applicant shall submit designs of the turnarounds for review and approval by District staff. 2.6 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT- TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC - 4 2.7 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-lSSS) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 337-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 2.8 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. 2.9 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 use is sought. Adopt the Central District Health Department's Recommendations as follows: 2.10 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. 2.11 Run-off is not to create a mosquito breeding problem. 2.12 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 2.13 The Engineers and architects involved with the design of the subject FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT- TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC - 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 Nampa & Meridian Irrigation District Recommendations as follows: 2.14 Applicant shall submit a Land Use Change/Site Development application for review prior to final platting. 2.1S Requires all laterals and wasteways be protected. 2.16 All municipal surface drainage shall be retained on site. 2.17 If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. Adopt the Meridian Fire Department's Recommendations as follows: 2.18 All street name signs shall be installed before building commences. 2.19 No parking of vehicles or trailers in cul-de-sacs. 2.20 All common areas shall be kept clear of trash and weeds. Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 2.21 Applicants shall provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 2.22 Fire hydrant placement shall be coordinated with the City of Meridian Public Works Department. 2.23 Indicate on the final plat map any FEMA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. 2.24 Applicant will be responsible to construct the sewer main to and through this proposed development. Subdivision designer to coordinate FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT- TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC - 6 main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 2.25 Applicant will be responsible for the construction of the water system improvements to and through this proposed development. Subdivision designer to coordinate sizing and routing with the Public Works Department. 2.26 100-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 2.27 Applicant to provide for a common lot to be owned and maintained by the Home Owner's Association along the southern boundary of the subdivision from Nine Mile Drain to the Ridenbaugh Canal, which common lot shall be of sufficient width as required by staff for pedestrian access use. 2.28 A detailed landscape plan for the common areas, including fencing locations, pathways and types of construction, shall be submitted for review and approval with the submittal of the final plat map. A letter of credit or cash surety will be required for the improvements prior to signature on the final plat. Adopt the recommendations of the Planning and Zoning Commission as follows; 2.29 Applicant shall maintain or deed lot 1 block 1. By action of the City Council at its regular meeting held on the 16~day of Ilk ve h-- tre~ ,1999. By: ~yt)~ R' T D. CORRIE Mayor, City of Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - TARA WOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC - 7 Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. Tly~~,Atkq,J (l City Clerk fI t/ Dated: 1/-16~f'l msglZ:\Work\M\Meridian I 5360M\Tarawood Subdivision\FfClsOrd.PP FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT- TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC - 8 ** TX CONFIRMf-l I ION REPORT ** AS OF NOlJ 15 '':19 10:21 PAGE. 01 CITY OF MERIDIAN DATE T I ME TO/FROM 10 11/15 10: 18 12083452950 MODE M I N/SEC PGS CMDI:t STATUS EC--S 03' 08" 009 205 OK -----....-.........----....-------............----.....--.....-----.....-....-----....------....------.....------.....-........----....-...--------------.... November 12,1999 MERIDIAN CITY COUNCIL MEETING: NOVEMBER 16 1999 APPLICANT: MICHAElANGELO INVESTMENTS - !3e.-.:.L,e,..r/ 3 ,/.5" ;Z 157.> ITEM #:-L- { REQUEST: RECONSIDERATION OF PRELIMINARY PLAT FOR TARAWQOD AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER DEPT: COMMENTS SEE FINDINGS CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: JDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: SANITARY SERVICE: OTHER: 8!! Materials presented at public moetings shall becomo property of tho City of Meridian. U L ,,\ t . -1r1iJ~ ~ -. ~';'J. 6' ~'L \ \',"j 1\:J ,'\; I . . BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) APPLICATION OF JOSEPH A. ) BILLIG/TOUCHMARK LIVING ) CENTERS, INC., FORA ) COMPREHENSIVE PLAN ) AMENDMENT TO CHANGE LAND) USE FROM SINGLE-FAMILY ) RESIDENTIAL TO MIXED/ ) PLANNED USE DEVELOPMENT, ) LOCATED EAST OF ST. LUKE'S ) BETWEEN 1.84 AND FRANKLIN ) ROADS, MERIDIAN, IDAHO ) ) CASE NO. CPA~99-004 FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP The above entitled application for amendment to the City of Meridian's Comprehensive Plan Generalized Land Use Map having come on for public hearing before the City Council on the 3rd day of November, 1999, at the hour of 7:00 p.m., which hearing was continued to the 16th of November, 1999, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and appearing and offering testimony at the November 3, 1999, hearing were Shari Stiles, Planning and Zoning Administrator, and Becky Bowcutt of Briggs Engineering, Inc. appeared and testified on behalf of the Applicant, and Wesley Hoalst, appeared and commented at the November 3, 1999 hearing at which time the Council continued the hearing to the PAGE 1 OF 19 FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - JOSEPH A. BILLIG/ TOUCHMARI( LIVING CENTERS, INC. - (CPA-99-004) . . regular meeting on the 16th day of November, 1999, at the hour of 7:00 p.m. at which time Shari Stiles again appeared and Becky Bowcutt appeared and no one further appeared, and the @ouncil having received the record of this matter from the Planning and Zoning Commission, and having received the "Findings of Fact and Conclusions of Law and Decision and Recommendation of the Planning and Zoning Commission on this application, and having duly considered the matter, the City Council makes the following Findings of Fact, Conclusions of Law, Decision and Order Amending Comprehensive Plan Generalized lSand Use Map. FINDINGS OF FACT 1. A notice of the time, place, and a summary of the proposed amendment plan to be discussed at the November 3, 1999, hearing, and continued to November 16, 1999, and was published fifteen (IS) days prior to said hearing; copies of all notices were made available to newspaper, radio, and television stations; the matter was duly considered at the November 3, 1999, public hearing, and continued to the November 16, 1999 hearing; and the public was given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in the @ity of Meridian Comprehensive Plan and Idaho Code ~ 67~6509. FINDINGS OF FA@T AND CONCLUSIONS OF lAW, DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAR ~ JOSEPH A. BILLIG/ TOUCHMARI( LIVING CENTERS, INC. - (CPA-99-004) PAGE 2 OF 19 . . 3. The property which is the subject of the application for amendment is herein described as follows to-wit: See attached Exhibit "A" and stating: "Description for Touchmark Annexation, October 19, 1999, submitted by Michael E. Marks, PLS No. 4998 of Professional Land Surveyors. 4. The Applicant is Joseph A. BilliglTouchmark Living Centers, Inc. of 5150 S.W. Griffith Dr., Beaverton, Oregon. The Applicant filed a written Comprehensive Plan amendment application. 5. The application concerns 72.6 acres which are presently owned by Mr. Ed Bews, which is outside of the @ity limits in Ada County and currently zoned R-3 and RT, and the other parcel is approximately 70 acres, and owned by Mr. Rick Thomas and which is currently zoned in the @ounty as RT. 6. The subject property is presently designated on the Meridian Comprehensive Plan Generalized Land Use Map as 65% Mixed/Planned Use Development, and approximately 35% as Single-Family Residential with the Thomas parcel being designated as Single-Family Residential. 7. Pursuant to the application, the affected property is generally described as 142.6 acres located east of St. Euke's Medical Center, south of Franldin Road, north of 1-84. FINDINGS OF FACT AND CONCLUSIONS OF UW, DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - JOSEPH A. BILLIG/ TOUCHMARI( LIVING CENTERS, INC. - (CPA~99-004) PAGE 3 OF 19 . . 8. The Meridian Planning and Zoning Commission took judicial notice of its Zoning, Subdivision and Development Ordinances codified at Title 11, Municipal @ode of the @ity of Meridian and all current zoning maps thereof and the Comprehensive Plan of the @ity of Meridian, adopted December 21, 1993, Ord. No. 629-Jan.4, 1994 and Maps and Ordinance establishing the Impact Area Boundary. 9. The Applicant requested the Comprehensive Plan amendment and the application was not initiated at the request of the @ity of Meridian. 10. The designation change requires an amendment to the Comprehensive Plan of the @ity of Meridian as requested by the Applicant. (City of Meridian Comprehensive Plan, pg. 78-79). 11. The Assistant to the City Engineer, Bruce Freckleton, and the Assistant Planner, Steve Siddoway, submitted comments by and through a Memorandum dated September 28, 1999, and Bruce Freckleton and Shari Stiles, Planning and Zoning Administrator submitted comments by and through testimony during the September 30, 1999, public hearing on this matter. Such report and comments are hereby adopted as Findings and are hereby incorporated herein, as follows: 11.1 COMPATIBILITY & DESIGN ISSUES: The proposed project is fully compatible with St. Luke's to the west. St. Luke's representatives have expressed support for the project. @onsideration for adequate buffering of the existing residential FINDINGS OF FACT AND CON@LUSIONS OF LAW, DECISION AND ORDER AMENDING @OMPREHENSIVE PlAN GENERALIZED lAND USE MAP - JOSEPH A. BILLIG/ TOUCHMARI( LIVING @ENTERS, INC - (@PA-99-004) PAGE 4 OF 19 . . subdivisions would need to be carefully considered during future detailed plan reviews. 11.2 The proposed project includes a private road campus, which likely will be a hot issue. ACHD will need to determine if a public road will be required through the project. 11.3 PUBLI@ WORKS ISSUES: The Public Works' Facility Plan forecasts the northerly portion of this property to be served with sewer extending through the R@ Willey site, and the southerly portion to be served by sewer extending through the Saint Luke's site. The line dividing the north portion from the southerly portion is not clearly defined. This line represents the division by which gravity sewer can drain to each of the two mains. The current Meridian @omprehensive Plan indicates a proposed well site in the vicinity of the mid section line intersection with Franklin Road. The Public Works Department still desires to develop a new well in this vicinity. These and other issues will be determined when annexation and development applications are processed. Water service to any future development is contingent upon positive results from a hydraulic analysis by our computer model. 11.4 OTHER: It appears that Records of Survey have been recorded to establish separate parcels of property. The City of Meridian does not recognize these parcels as legal lots, and appropriate subdivision platting will need to take place prior to initiation of any development of the property. 11.5 Staff recommends approval of the @omprehensive Plan Amendment as a MixedIPlanned Use Development. Due to the Mixed/Planned Use designation, all development applications will require a @onditional Use Permit and design review by the Planning & Zoning @ommission and City Council. Approval of a change in the land use designation in no way indicates approval of any concept plans presented, nor serviceability of the site. FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - JOSEPH A. BILLIG/ TOUCHMARI( LIVING CENTERS, INC. - (CPA-99-004) PAGE 5 OF 19 . . 12. The Meridian Planning and Zoning staff offered the following analysis of the written Comprehensive Plan which the Council hereby adopts as Findings of the compatibility of the application to the written Comprehensive Plan to-wit: 12.1 The 1993 Comprehensive Plan contains a variety of goals and policies relevant to this application. The following sections most directly apply to the proposed project and are repeated here for the @ouncil and Commission's consideration during the hearing process. Goal 3 is "to encourage the kind of economic growth and development which supplies employment and economic self- sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services, and its open space character. " Goal 4 of the Comprehensive Plan is "to provide housing opportunities for all economic groups within the community." Goal 8 is "to establish compatible and efficient use of land through the use of innovative and functional site design." 12.2 Economic Development 1.1 The City of Meridian shall make every effort to create a positive atmosphere which encourages...commercial enterprises to locate in Meridian. 1.3 The character, site improvements and type of new commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. FINDINGS OF FA@T AND @ON@LUSIONS OF LAW, DE@ISION AND ORDER AMENDING @OMPREHENSIVE PLAN GENERALIZED LAND USE MAP - JOSEPH A. BILLIG/ TOUCHMARI( LIVING @ENTERS, INC - (CPA-99-004) PAGE 6 OF 19 . . 12.3 lSand Use 1 AU Encourage new development that reinforces the City's present development pattern of higher density development within the Old Town area and lower density development in outlying areas. I .8U Promote the development of high-quality and environmentally compatible residential areas that contain the necessary parks, schools and commercial facilities to maintain and form identifiable neighborhoods. 2.1 U Support a variety of residential categories (urban, rural, single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. 2.2U Support strategies for the development of neighborhood parks within all residential areas. 2.3U Protect and maintain residential neighborhood property values, improve each neighborhood's physical condition and enhance its quality of life for residents. 4.8U Encourage commercial uses, offices and medical-care uses to locate in the Old Town district, business parks, shopping centers and near high~intensity activity areas, such as freeway interchanges. 6.8U New urban density subdivisions which abut or are proximal to existing rural residential land uses shall provide screening and transitional densities with larger, more comparable lot sizes to buffer the interface between the urban level densities and rural residential densities. 12 A Transportation FINDINGS OF FACT AND @ONCLUSIONS OF LAW, DECISION AND ORDER AMENDING @OMPREHENSIVE PLAN GENERALIZED LAND USE MAP - JOSEPH A. BILlSIG/ TOUCHMARK LIVING CENTERS, INC. - (CPA-99-004) PAGE 7 OF 19 . . 1 AU Monitor and coordinate the compatibility of the land use and transportation system. 1 .20U Encourage proper design of residential neighborhoods to ensure their safety and tranquility. 12.5 Open Space, Parks and Recreation 2.5U New subdivision development.. .will be considered as opportunities to.. .encourage the development of recreational open spaces and parks as part of new planned developments. 12.6 Housing 1.1 _ The City of Meridian intends to provide for a wide diversity of housing ...... in a variety of locations suitable for residential development. 104 The development of housing for all income groups close to employment and shopping centers shall be encouraged. 1.6 Housing proposals shall be phased with transportation, open space and public service and facility plans, which will maximize benefits to the residents, minimize conflicts and provide a tie-in between new residential areas and service needs. 1.19 High-density development, where possible, should be located near open space corridors or other permanent major open space and park facilities, and near major access thoroughfares. 12.7 @ommunity Design 5.2 Ensure that all new development enhances rather than detracts from the visual quality of its surroundings, especially in areas of prominent visibility. FINDINGS OF FA@T AND @ONCLUSIONS OF LAW, DECISION AND ORDER AMENDING @OMPREHENSIVE PlAN GENERALIZED lAND USE MAP - JOSEPH A. BIEEIG/ TOU@HMARK LIVING CENTERS, INC. - (CPA-99-004) PAGE 8 OF 19 . . 6.5U Establish land-use designations that reflect the character of existing neighborhoods. 6.11 U Promote well-planned and well-designated affordable housing in all Meridian neighborhoods. 13. The proposed designation change within the subject application would, in fact, require an amendment to the Comprehensive Plan as determined by @ity policy. 14. The Applicant proposes to develop the subject parcels to include a nursing home facility, multi-family units, attached single-family dwellings, and medical office. The proposed project is to be designed to provide different levels of care for the elderly. 15. The Edgeview Estates Subdivision (County Subdivision) borders to the property to the east. The parcels to the north include some scattered residential homes and undeveloped pasture north of Franklin. Interstate 1-84 borders the property to the south. 16. The proposed project is fully compatible with St. lSuke's medical facilities to the west and can provide a transitional land use from the St. Luke's facilities to the residential subdivision to the east. 17. Considering the previous and existing conditions, trends, desirable goals FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER AMENDING @OMPREHENSIVE PEAN GENERALIZED EAND USE MAP - JOSEPH A. BILLIG/ TOUCHMARI( LIVING CENTERS, INC. - (@PA-99-004) PAGE 9 OF 19 . . and objectives, and desirable future situations of the Generalized Land Use Map of the Comprehensive Plan it is found that since the adoption of the Generalized lSand Use Map there have been significant changes in the area including most notably the approval and construction of a major medical facility, the St. Luke's Medical complex, which will now also include a hospital and which facility lies and abuts the subject properties on the west and south. The subject real property lies within the City of Meridian Impact Area. 18. The City has complied with the referral process with Ada County of the requested amendment of the Comprehensive Plan. 19. In order to develop the parcel there are no other solutions in order to have zoning compatible to the @omprehensive Plan than to amend the Generalized Land Use Map component as applied for herein. 20. It has been more than 6 months prior to the date of the receipt of the recommendation of the Planning and Zoning Commission in this matter; that the Commission has recommended amendments to the Land Use Map component of the Comprehensive Plan to the City Council. FINDINGS OF FACT AND CON@LUSIONS OF LAW, DECISION AND ORDER AMENDING @OMPREHENSIVE PUN GENERALIZED UND USE MAP - JOSEPH A. BILLIG/ TOUCHMARIC LIVING CENTERS, INC. - (CPA~99-004) PAGE 10 OF 19 . . CONCLUSIONS OF LAW 1. The procedural requirements of the Land Use Planning Act and of the Comprehensive Plan of the City of Meridian require notice of the time, place, and a summary of the proposed amendment to the Plan, the publication of which is to be fifteen (15) days prior to said hearing; copies of all notices were made available to newspaper, radio, and television stations. (Meridian Comprehensive Plan Implementation @hapter, Comprehensive Plan Amendment Section; Idaho @ode ~ 67 -6509(b)). 2. 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 "Land Use Planning Act" codified at Chapter 65, Title 67, Idaho Code (I.c. 9 67 -6509). 3. The Meridian Planning and Zoning @ommission may exercise all the powers required and authorized upder the "Land Use Planning Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho @ode ~ 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and FINDINGS OF FACT AND CONClSUSIONS OF LAW, DECISION AND ORDER AMENDING @OMPREHENSIVE PLAN GENERALIZED LAND USE MAP - JOSEPH A. BILlSIG/ TOU@HMARK lSIVING CENTERS, INC. - (CPA-99-004) PAGEII0F19 . . Development Ordinance" at Title XI, Chapter I, Municipal Code of the City of Meridian. 4. The City @ouncil or any group or person may petition the Planning and Zoning @ommission for a plan amendment at any time. The following requirements, time tables, and procedures to amend Meridian's @omprehensive Plan at pages 78 - 79 must be satisfied: A. Application to amend the @omprehensive Plan may be filed with the Planning and Zoning Commission at any time. B. The Applicant will submit a letter for a Plan amendment which will contain the following; 4.B.l Specific definition of the change requested. 4.B.2 Specific information on any property involved. 4.B.3 The condition or situation which warrants a change being made in the Plan. 4.B.4 The public need for and benefit from such a change in the Plan. 4.B.5 Documentation that no other solutions to the problem are presented by the current policy of the Plan are possible or reasonable. 4.B.6 Development intentions for any land involved. 4.B.7 Any other data and information needed by the Planning and Zoning Commission in evaluating the proposal, such FINDINGS OF FACT AND @ON@LUSIONS OF LAW, DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERAlIZED LAND USE MAP - JOSEPH A. BILLIG/ TOUCHMARI( LIVING CENTERS, INC. - (CPA-99-004) PAGE 12 OF 19 . . as who does it help, who does it hurt, how much is it going to cost and who is going to pay for it. C. No application will be considered until the required information is complete. (Meridian Comprehensive Plan Implementation Chapter, Comprehensive Plan Amendments Section). 5. The Commission may recommend amendments to the land use map component of the Comprehensive Plan to the City Council not more frequently than one every six (6) months. (Idaho @ode ~ 67-6509(d); Meridian @omprehensive Plan Implementation Chapter, Comprehensive Plan Amendments Section) 6. The City Council may conduct a public hearing in addition to the public hearing conducted by the Planning and Zoning @ommission as provided by Ordinance, prior to adoption, amendment, or repeal of the Comprehensive Plan using the same notice and hearing procedures as the Commission, only after having received the Recommendations from the Planning and Zoning @ommission. Idaho Code ~ 67-6509(b). 7. The Comprehensive Plan of the City of Meridian provides at page 79 in Section F, G and H of the Section entitled "Comprehensive Plan Amendments" for the procedure to be followed by the City Council upon receipt of the Planning and Zoning Commission's recommendations to as follows: FINDINGS OF FACT AND CONClSUSIONS OF LAW, DECISION AND ORDER AMENDING COMPREHENSIVE PlAN GENERALIZED lAND USE MAP - JOSEPH A. BILLIG/ TOU@HMARK LIVING CENTERS, INC. - (CPA-99-004) PAGE 13 OF 19 . . F: Upon receipt of the Planning and Zoning Commission's recommendations on Plan amendments, the City Council will set a date for public hearing on the application. At the public hearing, the proposed amendments will be presented and the City Council will receive the report of is Committee, if one has been appointed, and public testimony on each application. G: At the public hearing or within 45 days thereafter, the City Council shall approve or deny the application (except that with the written agreement of the applicant, an additional amount of time, which shall be specified, may be taken). All applicants shall be notified by mail of the @ity @ouncil's decision and the decision shall be supported by findings of fact and conclusions of law. If the City Council makes a material change in the proposed plan amendment it shall conduct one additional public hearing prior to adopting the proposed amendment as changed and may alter its findings of fact and conclusions of law. H: All applications for @omprehensive Plan amendments shall be acted upon by the City Council within 16 months from their date of filing unless, upon written agreement of the applicant, an additional amount of time may be specified, or unless the provisions of Section (I) are applicable requiring additional time for study. 8. The Meridian Comprehensive Plan applies to the Meridian Area of City Impact and the coordination of amendments and zoning applications in the Impact Area are as follows: 1-11-6 Meridian City Code: Coordination of Amendments and Zoning Applications: "A. County and City Coordination: All applications for Ada @ounty and Meridian amendments to their respective comprehensive plans and FINDINGS OF FACT AND CON@lSUSIONS OF LAW, DECISION AND ORDER AMENDING @OMPREHENSIVE PLAN GENERAI.JZED LAND USE MAP - JOSEPH A. BILLIG/ TOU@HMARK lSIVING @ENTERS, INC - (CPA-99-004) PAGE 14 OF 19 . . implementing ordinances which apply within the area of City impact shall be sent by the entity considering such amendment to the other entity. A separate referral process shall be adopted by resolution by each entity regarding procedures and time periods for, and the effect of, sending such amendments, and such resolution may be amended from time to time upon mutual agreement in writing by Ada County and the City. B. Applications To City: All Ada County applications for planned developments, subdivisions, rezones, private roads, and conditional use permits within the area of City impact shall be sent to Meridian, in accordance with the referral process arrived at pursuant to subsection A of this Section." 9. To change a designation from Single Family Residential to Mixed Use requires approval by the Planning and Zoning Commission as provided under the City of Meridian Comprehensive Plan, Implementation Chapter Comprehensive Plan Amendments Section. 10. Upon review of an amendment application relating to land use designations, the Council should take the following objectives into account: 10.1 Mixed.planned uses along the 1-84 corridor, which are attractive and compatible with high-volume traffic corridors. 10.2 Designating ample land for urban expansion and infill. 10.3 Quality residential neighborhoods, north, south, east, and west of Old Town. 10.4 Planned mixed uses along 1-84, Franklin Road, D.P. Railroad, and Fairview Avenue corridors. FINDINGS OF FACT AND CONCEUSIONS OF UW, DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - JOSEPH A. BIELIG/ TOUCHMARK EIVING @ENTERS, INC. - (CPA-99-004) PAGE 15 OF 19 . . 10.5 Buffers to the waste treatment plant. 10.6 Adequate school and park sites for quality living. 10.7 The importance of maintaining compatible land uses to ensure an optimum quality of life. 10.8 Respect for the responsibilities and rights of land ownership. 10.9 Reinforce the role of the City in regulating the use ofland resources for the benefit of future generations. 10.10 Plan for multiple use of public facilities wherever feasible. 11. Upon review of an amendment application affecting residential designations, the @ouncil should take the following policies into account: 11.1 Support a variety of residential categories (urban, rural, single- family, multi~family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. 11.2 Support strategies for the development of neighborhood parks within all residential areas. 11.3 Protect and maintain residential neighborhood property values, improve each neighborhood's physical condition and enhance its quality of life for residents. 11.4 Encourage sidewalks and paved streets for all existing neighborhoods through joint ACHD/Local Improvement District programs. 11.5 Encourage compatible infill development which will improve existing neighborhoods. FINDINGS OF FA@T AND CON@LUSIONS OF LAW, DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - JOSEPH A. BILEIG/ TOUCHMARK LIVING CENTERS, INC. - (CPA-99-004) PAGE 16 OF 19 . . 12. The requirements for a Comprehensive Plan are set forth in I. C. ~ 67- 6508. The statute provides in part that: "The plan shall consider previous and existing conditions, trends, desirable goals and objectives, or desirable future situations for each planning component. The maps and charts are based on the components of the written plan." 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 that: 1. The Applicant's request for Comprehensive Plan Amendment to the Generalized Eand Use Map Component to change the real property described in Finding of Fact no. 3 from a Single Family Residential designation to a Mixed/Planned Use Development designation is granted. 2. The @ity Attorney is directed to prepare for consideration by the @ity @ouncil the appropriate Resolution directing the @omprehensive Plan Land Use Map Component change of the subject real property from Single Family Residential to Mixed U selPlanned Use Development. 3. Subsequent to the passage of the Resolution, provided for in Section 2 FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - JOSEPH A. BILLIG/ TOUCHMARI( LIVING CENTERS, INC. - (CPA-99-004) PAGE170F19 . . of this Order, the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official Comprehensive Plan Generalized Land Use Map component in conformance with this Order and the provisions of the Resolution. 4. The @ity @lerk is to notify and provide a certified copy of the Resolution to the appropriate Ada County officials to notify them of the Comprehensive Plan amendment. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the @ity of 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 Of denial of the Comprehensive Plan Eand Use Map change may, within twenty-eight (28) days after the date of this decision and order, seek a judicial feview as provided by Chaptef 52, Title 67, Idaho Code. By action of the City Council at its fegular meeting held on the /616- day of l/ave /hber ,1999. ROLL CALL COUN@ILMAN RON ANDERSON VOTED~ FINDINGS OF FA@T AND CONCEUSIONS OF LAW, DECISION AND ORDER AMENDING @OMPREHENSIVE PlAN GENERALIZED lAND USE MAP - JOSEPH A. BILLIG/ TOU@HMARK LIVING @ENTERS, INC. - (CPA-99-004) PAGE 18 OF 19 . . COUN@ILMAN GLENN BENTLEY VOTED~ VOTED~ COUNCILMAN KEITH BIRD COUN@ILMAN CHARLIE ROUNTREE VOTED IJ'Q C\ MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 1/-/6-19 VOTED MOTION: APPROVED: @ DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Department, appropriate Ada County Rf~()igl~/'&l}4 the City Attorney. ",'':.t Of MEF;~;, 11,,;, " .( "\ '.;Jt,., ..." " ~, fA. ~ (i o~f'0R.4l"~ -v ~~ J By: -R Da<[e. ~/-16-r tj SEAL ~ ~ '? 6' ~ ~ ~ ...QiQ~ ~..,o U,sr 15"'\ . x-: $ msdZ:\Work\M\Meridian 1 5360M\Touchmark Livi~C~ws cO~f.t.~ ;'''1 . '-'DUN"'''' ", ">/1 . \\", Ifll/ll11 Iill\\\ FINDINGS OF FA@T AND CON@LUSIONS OF lAW, DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - JOSEPH A. BILLIG/ TOUCHMARI( EIVING @ENTERS, INC. - (CPA-99-004) PAGE 19 OF 19 . . DESCRIPTION FOR TOUCHMARK ANNEXATION October 19, 1999 A parcel of land lying in Section 16, Township 3 North, Range 1 East, Boise Meridian. Ada County, Idaho, more particularly described as follows: Commencing at the north % corner of Section 16, T.3N., R.1 E., 8.M., the REAL POINT OF BEGINNING of this description; Thence S 89"29'19" E 1351.29 feet to the northeast corner of the NW % of the NE %; Thence S 00"06'30" E 558.08 feet along the east line of the NW % of the NE y.. to a point on the north boundary of Edgeview Estates No.1 Subdivision, filed in Book 63 of Plats, at Page 6399, records of the Ada County Recorder's Office: Thence along the north and west boundary of Edgeview Estates NO.1 Subdivision and along the west boundary of Edgeview Estates No.2 Subdivision, filed in Book 65 of Plats. at Page 6704, records of the Ada County Recorder's Office, the following courses and distances: Thence N 82"17'38" W 7.63 feet; Thence N 79"33'15" W 449.48 feet: Thence S 80"42'48" W 116.19 feet; Thence S 25"35'37" W 195.09 feet; Thence S 22"39'37" E 150.00 feet; Thence S 33"16'37" E 620.00 feet; Thence S 30"51'03" E 49300 feet; Thence S 00"06'30" E 493.51 feet; Thence S 13"51'55" W 426.51 feet; Thence N 89"23'43" W 34.37 feet: Thence S 13"46'18" W 21 40 feet to the southwest corner of Edgeview Estates No.2, said pOint being on the north right of way of Interstate 84; 9l:S060 I \toudunark.;]nx-<1es. doc OCT 19 '99 17:01 EXHIBIT "A" - PAGE 1 OF 3 CP A-99-004 12083452950 ='AG:::.02 . . / Leaving the boundary of said Edgeview Estates No 2: Thence continuing S 13046'18" W 11818 feet to a point; Thence S 12044'22" W 87.01 feet to a point on the south right of way of Interstate 84; Thence N 89043'22" W 1155.59 feet along the south right of way of Interstate 84 to a point on the west line of the NW X of the SE X; Thence N 00013'01" W 227.61 feet to the northwest corner of the SE % (the center X. corner) of Section 16; Thence N 89023'35" W 625.37 feet along the south line of SE X of the NW % to a point on the north right of way of Interstate 84; Thence N 85044'30" W 723.14 feet along said north right of way to a point on the west line of the SE % of the NW %; Thence N 00021'56" W 1281.37 feet to the northwest corner of the SE % of the NW %; Thence N 89026'11" W 338.32 feet along the south line of the NW % of the NW y.. to a point on the east boundary of Montvue Park, a subdivision, filed in Book 17 of Plats, at Page 1107, records of the Ada County Recorder's Office; Thence N 00020'17" W 1327.17 feet along said east boundary to a point on the north line of the NW % of the NW Y..; Thence S 89028'47" E 337.68 feet to the northeast corner of the NW X of the NW %; Thence S 00021'56" E 496.26 feet along the east line of the NW % of the NW % to a point: Thence S 79029'58" E 117.09 feet to a point: Thence N 00021'56" W 516.55 feet to a point on the north line of the NE % of the NW%; Thence S 89028'47" E 1003.89 feet along the north line of the NE % of the NW y.. to a point; Thence S 00013'01" E 922.87 feet to a pOint: noGO I \tollchrnark-anx-des. doc OCT 19 '99 17:01 EXHIBIT "A" - PAGE 2 OF 3 CP A-99-004 12083452950 ='AG:::.03 / . . Thence S 85031'47" E 235.00 feet to a point on the east line of the NE % of the NW%; Thence N 00013'01" W 939.06 feet along the east line of the NE % of the NW X to the REAL POINT OF BEGINNING of this description; Said parcel of land contains 163.288 acres, more or less. Michael E. Marks. PLS No. 4998 98060 I \t.ouc.lunark-anx-des.doc OCT 19 '99 17:02 EXHIBIT "A" - PAGE 3 OF 3 CP A-99-004 12083452950 TOTAL P. 04 PAG=:.04 "~:. .." " RESOLUTION NO. 2/09 BY: C~~ ~+r.eJL- CI/4j ~cdJ/k-~ A RESOLUTION FINDING THAT THE OWNER, WATERFORD DEVELOPMENT AND CONSTRUCTION COMPANY, OF CERTAIN REAL PROPERTY HAS MADE A WRITTEN APPLICATION FOR THE AMENDMENT OF THE MERIDIAN COMPREHENSIVE PLAN GENERALIZED LAND USE MAP COMPONENT FOR THE DESIGNATION OF REAL PROPERTY THAT LIES WITHIN THE IMPACT AREA OF THE CITY OF MERIDIAN FROM "SINGLE-FAMILY RESIDENTIAL DESIGNATION TO A MIXED/PLANNED USE DEVELOPMENT DESIGNATION" AND REPEALING ALL ORDINANCES, RESOLUTIONS ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO PREPARE THE APPROPRIATE MAPPING CHANGES OF THE OFFICIAL COMPREHENSIVE PLAN GENERALIZED LAND USE MAP COMPONENT AND DIRECTING THE CITY CLERK TO NOTIFY AND PROVIDE A CERTIFIED COPY OF THE RESOLUTION TO THE APPROPRIATE ADA COUNTY OFFICIALS. BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: Section I. Findings: 1. The owner, Waterford Development and Construction Company, of the following described property has made a written application for a real property designation Comprehensive Plan Amendment to the Generalized Land Use Map Component change from a Single Family Residential designation to a Mixed! Panned Use Development designation. 2. The @ity of Meridian Planning and Zoning @ommission and the City Council having given notice and conducted all public hearings in accordance with law, and having duly notified Ada County of said application and having received their comments, and having issued its Findings of Fact and @onclusions of Law, Decision and Order Granting the Application; and RESOLUTION - (CPA-99-004) - PAGE 1 OF 3 . . 3. The Real property which is the subject of this resolution is legally described as follows: See attached Exhibit "A" and stating: Description for Touchmark Annexation, October 19, 1999, submitted by Michael E. Marks, PLS No. 4998 of Professional Land Surveyors. Section 2. The above described real property be and the same is hereby re- designated on the Comprehensive Generalized Land Use Map from Single Family Residential to Mixed! Planned Use Development. Section 3. The engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official Comprehensive Plan Generalized lSand Use Map component in conformance with the provisions of the Resolution. Section 4. The City Clerk is to notify and provide a certified copy of the resolution to the appropriate Ada County officials to notify them of the comprehensive plan amendment. Section 5. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. Section 6. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 16~6- day of II ove JrL-/:;;ev ,1999. $ROVED ~HE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~dayof .&~ ,1999. ... .... ATTEST: ~~p~~ City Clerk . . STATE OF IDAHO, ) :ss. County of Ada, ) -It On this /7-- day of Il.fW~ ,1999, before me, the undersigned, Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. .........~ .' ....... '0. 0 "b ,:.... ~... .........:.t-l .: ~ ... -..:~ ST' ^ j "'l: l ~O'tAl(J'" \ ( ~): -.- . * : =*\ C: E '" PUB\..\ l 1 "" cP. . .."..s? .: '\~ :1>... ............. 't--..... ,,': "'" 1'S OF \~ .......... ...............' ad;vb ~~ N otary PUbli~or Idaho L-,. Resldmgat:~~, \. :u My CommissIOn Expires: //.-'O;l.-tf4- msgJZ:\Work\M\Meridian 15360M\Touchmark Living Ccnters\Resolution.CPA RESOLUTION - (CPA-99-004) - PAGE 3 OF 3 . . DESCRIPTION FOR TOUCHMARK ANNEXATION Octobe: 19, 1999 A parcel of land lying in Section 16, Township 3 North, Range 1 East. BOise Meridian, Ada County, Idaho, more particularly described as follows Commencing at the north % corne: of Section 16, T.3N., R.1E., 8.M., the REAL POINT OF BEGINNING of this description; Thence S 89029'19" E 1351.29 feet to the northeaS1 corner of the NW % of the NE Y4; Thence S 00006'30" E 558.08 feet along the east line of the NW % of the NE Y. to a point on the north boundary of Edgeview Estates NO.1 Subdivision, filed in Book 63 of Plats, at Page 6399, records of the Ada County Recorder's Office; Thence along the north and west boundary of Edgeview Estates NO.1 Subdivision and along the west boundary of Edgeview Estates No.2 Subdivision, filed in Book 65 of Plats. at Page 6704. records of the Ada County Recorder's Office, the following courses and distances Thence N 82017'38" W 7,63 feet; Thence N 79033'15" W 449.48 feet: Thence S 80042'48" W 116.19 feet: Thence S 25035'37" W 195.09 feet; Thence S 22039'37" E 15000 feet; Thence S 33016'37" E 620.00 feet; Thence S 30051'03" E 493,00 feet; Thence S 00"06'30" E 493.51 feet; Thence S 13"51'55" W 426.51 feet: Thence N 89"23'43" W 3437 feet: Thence S 13"46'18" W 21 40 feet to the southwest corner of Edgeview Estates NO.2, said pOint being on the north right of way of Interstate 6-4: nU60 J \toucrururk""<Jox--<1cs. doc EXHIBIT "A" - PAGE 1 OF 3 rlr-- 1C jC:= '''7:~' rn ^ 00 (1(1 A :20S3.::52SS0 ~c;CE . 02 . . Leaving the boundary of said Edgeview Estates No 2: Thence continuing S 13046'18" W 118 18 feet to a POint: Thence S 12044'22" W 87.01 feet to a point on the south right of way of Interstate 84; Thence N 89"43'22" W 1155.59 feet along the south right of W2y of Interstate 84 to a point on the west line of the NW % of the SE %; Thence N 00"13'01" W 227.61 feet to the northwest corner of the 51:: X (the center % corner) of Section 16; Thence N 89023'35" W 625.37 feet along the south line of SE % of the NW y. to a point on the north right of way of Interstate 84; Thence N 850.:i4'30" W 723.14 feet alona said north riaht of way to a point on the ' -- -.. west line of the SE X of the NW %: Thence N 00"21 '56" W 1281.37 feet to the northwest corner of the SE y.. of the NW %; Thence N 89"26'11" W 338.32 feet along the south line of the NW % of the NW % to a point on the east boundary of Montvue Park, a subdivision, flied in Book 17 of Plats, at Page 1107, records of the Ada County Recorder's Office; Thence N 00"20'17" W 1327.17 feet along said east boundary to a ooint on the north line of the NW % of the NW %; Thence S 89"28'47" E 337.68 feet to the northeast corner of the NW % of the NW %; Thence S 00"21'56" E 496.26 feet along the east line of the NW Y... of the NW % to a point: Thence 5 79029'58" E 'j 17.09 feet to a point: Thence N 00"21'56" W 516.55 feet to a pOint on the north line of the NE 31.. of the NW'J4; Thence S 89"28'47" E 1003.89 feet along the north line of the NE j';. of the NW y., to a point; Thence 5 00013'01" E 922.87 feet to a pain!: 'nIOGO 1 \louchmark-anx-des.doc EXHIBIT "A" - PAGE 2 OF 3 DC, ,~ ,~c ~~:81 f"n ^ nn {\{\ ,I ~~0S3~S2~SV1 :cc[':::'.o:::: / / . . Thence S 85031'47" E 235 00 feet to a DOlnt on the east line of the NE % of the . , NWX; Thence N 00013'01" W 93906 feet along the east line of the NE % 01' the NW;;. to the REAL POINT OF BEGINNING of thiS descrlDtJon, Said parcel of land contaIns 163.288 acres, more or less. Michael E. Marks. PLS No. 4998 9806U I ltoudunark-anx-dcS.doc OCT 1~ .~~ ~~:~2 EXHIBIT "A" - PAGE 3 OF 3 rp A _OOJ\nLl TOTPL :~. 0~ . --:-r::\c::'"';'......~~c:~:.~'1 ~0'-- ~"" . . CERTIFICATE OF CLERIC OF THE CITY OF MERIDIAN A RESOLUTION FINDING THAT THE OWNER, WATERFORD DEVELOPMENT AND CONSTRUCTION COMPANY, OF CERTAIN REAL PROPERTY HAS MADE A WRITTEN APPlSICATION FOR THE AMENDMENT OF THE MERIDIAN COMPREHENSIVE PLAN GENERALIZED lAND USE MAP COMPONENT FOR THE DESIGNATION OF REAL PROPERTY THAT LIES WITHIN THE IMPACT AREA OF THE CITY OF MERIDIAN FROM "SINGLE- FAMILY RESIDENTIAL DESIGNATION TO A MIXED/PlANNED USE DEVELOPMENT DESIGNATION" AND REPEALING ALL ORDINANCES, RESOLUTIONS ORDERS OR PARTS THEREOF IN @ONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO PREPARE THE APPROPRIATE MAPPING CHANGES OF THE OFFICIAL COMPREHENSIVE PlAN GENERALIZED lAND USE MAP @OMPONENT AND DIRE@TING THE CITY CLERIC TO NOTIFY AND PROVIDE A @ERTIFIED COpy OF THE RESOLUTION TO THE APPROPRIATE ADA COUNTY OFFICIALS. BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: Section 1. Findings: 1. The owner, Waterford Development and Construction Company, of the following described property has made a written application for a real property designation Comprehensive Plan Amendment to the Generalized Land Use Map Component change from a Single Family Residential designation to a Mixed! Panned Use Development designation. 2. The City of Meridian Planning and Zoning @ommission and the City Council having given notice and conducted all public hearings in accordance with law, and having duly notified Ada County of said application and having received their comments, and having issued its Findings of Fact and Conclusions of Law, Decision and Order Granting the Application; and 3. The Real property which is the subject of this resolution is legally described as follows: See attached Exhibit "A" and stating: Description for Touchmark Annexation, CP A-99-004 - PAGE 1 OF 2 ~ . . October 19, 1999, submitted by Michael E. Marks, PLS No. 4998 of Professional Land Surveyors. Section 2. The above described real property be and the same is hereby re- designated on the Comprehensive Generalized Land Use Map from Single Family Residential to Mixed! Planned Use Development. Section 3. The engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official Comprehensive Plan Generalized Land Use Map component in conformance with the provisions of the Resolution. Section 4. The City Clerk is to notify and provide a certified copy of the resolution to the appropriate Ada County officials to notify them of the comprehensive plan amendment. Section 5. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. Section 6. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. William G. Berg, Jr. @ity Clerk STATE OF IDAHO, :ss: County of Ada, ) On this / 7 +'-- day_of '1 ~HI~ , in the year 1999, before me, /llul-A lJ. ()J/Gd~ , a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City @lerk of the City of Meridian, Ida[.1.9tt t executed the said instrument, and acknowledged to me that he executed ~"~rrQ~ alf of the @ity of Meridian. I"~}- 4 /J PI [${ ~O'tA1t~ (Mu~v.6J. ({b~ (SEAL! : _.- c., ..: Notary Public for Idaho \.. \ PUB\..'\ o! Commission Expires:)l-0....2..- 0+ msgJZ:\ W or~~~~e"'.~O'C~~~hmark Living Centers\CertofClk. CPA . . lr##-.. ~ 1'E Or ~~~ I., ,.' .........',. CPA-99-004. PAGE 2 OF 2 . . DESCRIPTION FOR TOUCHMARK ANNEXATION October 19, 1999 A parcel of land lying In Section 16, Townshlo 3 North, Range 1 East. 80lse Meridian, Aaa County. Idaho, more particularlY described as follows Commencing at the north % corner of Section 16, T.3N_, R.1 E., 8.M., the REAL POINT OF BEGINNING of this description; Thence S 89"29'19" E 135129 feet to the northeast corner of the NW % of the NE %; Thence S 00"06'30" E 558.08 feet along the east line of the NW % of the NE ~ to a point on the north boundary of Edgeview Estates No.1 Subdivision. filed in Book 63 of Plats, at Page 6399, records of the Ada County Recorder's Office; Thence along the north and west boundary of Edgeview Estates No.1 Subdivision and along the west boundary of Edgeview Estates NO.2 Subdivision, filed in Book 65 of Plats, at Page 6704, records of the Ada County Recorder's Office, the following courses and distances Thence N 82"17'38" W 763 feet; Thence N 79"33'15" W 449.48 feet: Thence S 80"42'48" W 116.19 feet; Thence S 25"35'37" W 195.09 feet: Thence S 22"39'37" E 150_00 feet; Thence S 33" 16'37" E 620 00 feet; Thence S 30"51'03" E 49300 feet; Thence S 00"06'30" E 493.51 feet; Thence S 13"51'55" W 426_51 feet: Thence N 89"23'43" W 34.37 feet: Thence S 13"46'18" W 21 40 feet to the southweSt corner of Edge'./lew Estates NO.2, said pOint being on the nortn right of way of Interstate 84: 9l:\060 l\toudunark...Jnx-des. doc EXHIBIT "A" - PAGE 1 OF 3 ~r- 1 0 I C~ . "7 ~ ~ 1 rn ^ nn """ :2m:~::::':::52'?5i21 =OGE.02 . . Leaving the boundary of said Edgeview Estates No 2: Thence contlnuina S 13046'18" W 118 18 feet to a Dornt. ~ , , Thence S 12"44'22" W 8701 feet to a point on the south right of way of Interstate 84: Thence N 89"43'22" W 1155.59 feet along the south right of way of Interstate 64 to a point on the west line of the NW Y.. of the SE Y..; Thence N 00013'01" W 227.61 feet to the northwest corner of the SE y.. (the center X corner) of Section 16; Thence N 89"23'35" W 625.37 feet along the south line of SE y.. of the NW y;. to a point on the north right of way of Interstate 84; Thence N 85044'30" W 723.14 feet along said north right of way to a point on the west line of the SE y.. of the NW ;/..; Thence N 00"21'56" W 128137 feet to the northwest corner of the SE y.. of the NW X; Thence N 89026'11" W 338.32 feet along the south line of the NW % of the NW % to a point on the east boundary of Montvue Park, a subdivision, riied in Book 17 of Plats, at Page 1107, records of the Ada County Recorder's Office; Thence N 00020'17" W 1327.17 feet along said east boundary to a point on the north line of the NW ;/.t of the NW X; Thence S 89028'47" E 337.68 feet to the northeast corner of the NW % of the NW %; Thence S 00"21'56" E 496.26 feet along the east line of the NW Y.. of the NW % to a point: Thence S 79"29'58" E 11709 feet to a pOint: Thence N 00021'56" W 516.55 feet to a point on the north line of the NE % of the NW X; Thence S 89"28'47" E 1003.89 feet along the north line of the NE % of the NW % to a point; Thence S 000 i 3'01" E 922.87 feet to a pOint: nOGO I \touch mark -an;.: -des. doc ~.....- ....J'_: 1C Ice :.7:21: EXHIBIT "A" - PAGE 2 OF 3 rp A _OO_nnLl :2i2S:aS2'::'SO ='c:;:;::: . 21: / / OCT 1:: . . Thence S 85"'31'47" E 23500 feet to a point an the east line of the NE % of the NW %: Thence NOD" 13'01" W 939 06 feet along the east line or the NE % of the NW ;;. to the REAL POINT OF BEGINNING or this descriD1.ion: Said parcel of land contains 163.288 acres, more or less Michae! E. Marks. PLS No. 4998 9806U J llouc.h.mark-anX....j:=s.dac :7:32 EXHIBIT "A" . PAGE 3 OF 3 rPA_QQ_nnLl. ---:,..-..........- n" TOTPL=.0d -: "':'~C"7~",C:-j::::~.~ Revised 11 M 18-99 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF DEVELOPER DIVERSIFIED REALTY CORP., THE APPLICATION FOR ANNEXATION AND ZONING OF 13.09 ACRES FOR EXPANSION OF FAMILY CENTER AND CROSSROADS MALL, 4000 E. FAIRVIEW AVE., MERlDIAN, IDAHO Case No. AZ-99-012 FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND OIDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on November 3, 1999, at the hour of 7:00 o'clock p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying on behalf of the Applicant was Larry Durkin from Developers Diversified Realty Corp., and no one appeared in opposition, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and FINDINGS OF FACT AND CONCLUSIONS OF LAW M Page 1 AND DECISION AND OIDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ-99-012 zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for November 3, 1999, 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 November 3, 1999, 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 67~6511, and SSll-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 Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ-99-012 and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is approximately 13.09 acres in size. The property is located at 4000 E. Fairview Ave., Meridian, Idaho, and described as follows: A parcel ofland located in the NW1/4 of the NE 1/4 of Section 9, T. 3N., R. IE., B.M., Ada County, Idaho, more particularly described as follows: Beginning at the N 1/4 corner of said Section 9 from which the NE corner of said Section 9 bears South 89022'32" East, 2659.01 feet; thence along said section line South 89022'10" East, 708.49 feet; thence leaving said section line South 00037'28" West, 47.09 feet to a point on the South right-of-way line of Fairview Ave. (US Highway 30); thence leaving said South right-of-way line South 14059;32" West, 276.87 feet; thence South 00048'14" West, 554.06 feet; thence North 89035'24" West, 640.79 feet to a point on the North-South centerline of said Section 9; thence along said North-South center line North 00048'14" East, 871.76 feet to the Real Point of Beginning, containing 13.09 acres, more or less. 5. The owner of record of the subject property is Terrace Lawn MenlOrial Gardens, Daniel and Carolyn Gibson of 19500 Hwy. 20/26, Caldwell, Idaho. 6. Applicant is Developers Diversified Realty Corp., of 3300 Enterprise Parkway, Beechwood, Ohio. 7. The property is presently zoned by Ada County as Rural Transitional (R- T), and consists of a sod farm and cemetery. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ-99-012 8. The real property which is the subject of this application will be joined and developed with the real property, which is the subject of a companion application in action "In the Matter of the Request for Rezone of approximately 11.4 acres for Expansion of Meridian Family Center/Crossroads Mall". 9. The Applicant requested the property be zoned as Meridian Community Business District (CC), Section 11-2-408 B (9) of the Revised and Compiled Ordinances of the City of Meridian. 10. The proposed site of the subject property is located east of Records drive, south of Fairview Ave. 11. The subject property is bordered to the east and south by Ada County Rural Transitional, to the southwest by Meridian Single Family Residential and to the west by Meridian Community Business District, to the north by Ada County Rural transitional and city limits of the City of Meridian are adjacent and abut to the west and southwest of the subject property. 12. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 13. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 14. The Applicant proposes to develop the subject property in the following FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ-99-012 manner: construction and development of a commercial shopping center. 15. The Applicant requests zoning of the subject real property as Community Business (CC) which is consistent 'with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Commercial by reason of a companion application of the Applicant. 16. There are no significant or scenic features of major importance that affect the consideration of this application. 17. 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: Adopt the Recommendations of the Ada County Highway District as follows: 17.1 Dedicate sufficient additional right-of-way to total 60-feet from section line of Fairview Avenue abutting the entire site. The right-of-way shall be dedicated by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of any Certificate of Occupancy. 17.2 Dedicate 76-feet of right-of-way (38~feet from the centerline) for Records Drive from Fairview Avenue to a point 300-feet south of Fairview Avenue and 60-feet of right-of-way (30-feet from centerline) for Records Drive from that point to the south boundary of the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a any Certificate of Occupancy. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ~99-012 17.3 Construct a 5-foot wide concrete sidewalk on Fairview Avenue abutting the site (approximately 822-feet total) prior to issuance of any Certificate of Occupancy. The construction plans for the development showing the sidewalk must be approved prior to issuance of a building permit. 17.4 Prior to opening of the development, construct pavement widening on Fairview Avenue to add one eastbound lane from Records Drive to the east property line. 17.5 Construct a maximum of three driveways on Fairview Avenue a minimum of 440-feet for a full access driveway and 220~feet for a right- in/right-out driveway from any public street intersection and 220~feet from all existing or proposed driveways. The maximum driveway width will be 40-feet with a minimum storage length of I OO~feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Construct pavement tapers with 15-foot radii. Coordinate the design, storage length and location of any proposed driveways with District staff. 17.6 Construct Records Drive as a 65-foot street section (with curb, gutter and 5-foot wide concrete sidewalk) from Fairview Avenue to a point 300-feet south of Fairview Avenue. Records Drive shall be located approximately 2,1 OO-feet east of Eagle Road. Widen the approach to Fairview Avenue to provide two northbound left turn lanes and one northbound through/right-turn lane. Two southbound lanes are needed from Fairview Avenue to a point 300-feet south of Fairview. Dedicate sufficient right-of-way for the noted improvements. 17.7 Construct a traffic signal at the Fairview Avenue/Records Drive intersection. Provide and install an Opticom device for emergency vehicle pre~emption of the signal to the satisfaction of ACHD and the Meridian Fire Department. Other materials for the traffic signal are to be purchased from ACHD or be demonstrated to meet ACHD specifications. The signal should be designed to allow the future construction of dual left-turn lanes on Fairview Avenue. The applicant will be responsible for the entire cost of the signal installation. Submit the signal design to District staff for approval prior to construction. FINDINGS OF FACT AND CONCLUSIONS OF LAW ~ Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ-99-012 17.8 A maximum of three driveways are approved on Records Drive. The driveways shall be located a minimum of 175-feet south of Fairview Avenue and aligned or offset 150-feet from all existing or proposed driveways. The driveways shall be constructed as 24 to 30-foot curb return driveway with IS-foot curb radii. The minimum storage length shall be 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Presidential Drive. 17.9 Other than the access points specifically approved with this application, direct lot or parcel access to Records Drive or Fairview Avenue is prohibited. 18. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these findings of fact no. 17, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. 19. It is found that the development considerations which must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ-99-012 glare and odors, and can best be handled by requiring as a condition of development and use on said parcel that all development and use on and of the subject real property will be subject to a conditional use permit process. 20. The proposed development will serve existing and growing needs and will provide services to surrounding institutional, commercial and residential development. 21. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follows: 21.1 Commercial and retail areas are established along the Fairview Avenue conidor. Section #4 of the Comprehensive Plan - Commercial Activity Centers, states - The location of COlnmunity Shopping Centers should be guided by pelfonnance and development standards which consider that Commercial Activity Centers be located in proxinlity to other commercial developments and minimize impacts upon other adjacent areas. 21.2 The Commercial Policies Section states - Community Shopping Centers will be encouraged to locate at arterial intersections and near high-traffic intensity areas. 22. The property can be physically serviced with City water and sewer, if applicant extends the lines. CONCLUSIONS OF LAW 1. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ-99-012 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 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. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 4.1 Commercial and retail areas are established along the Fairview Avenue corridor. Section #4 of the Comprehensive Plan - Commercial Activity Centers, states - The location of Community Shopping Centers should be guided by performance and development standards which consider that Commercial Activity Centers be located in proximity to other commercial developments and minimize impacts upon other adjacent areas. 4.2 The Commercial Policies Section states - Community Shopping Centers will be encouraged to locate at arterial intersections and near high-traffic intensity areas. 5. The requested zoning of Meridian Community Business District (CC), FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ-99-012 is defined in the Zoning Ordinance at 11-2-408 B 9 of the Revised and Compiled Ordinances of the City of Meridian, as follows: (C-C) Community Business District: The purpose of the (C-C) District is to permit the establishment of general business uses that are of a larger scale than a neighborhood business, and to encourage the development of modern shopping centers with adequate off-street parking facilities, and associated site amenities to serve area residents and employees; to prohibit strip commercial development and encourage the clustering of commercial enterprises. All such districts shall have direct access to a transportation arterial and collector and be connected to the Municipal Water and Sewer systems of the City of Meridian. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65,665 P2d 1075 (1983). 7. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 11-9-616 which pertains to development time schedules and requirements; Section 11-9-605 M, which pertains to the piping of ditches; and Section 11-9-606 B 14., which pertains to pressurized irrigation systems. 8. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. 9. Section 11-2417 D of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ-99-012 condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. 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. The applicant's request for annexation and zoning of approximately 13.09 acres to Community Business District Zone (C-C) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 13.09 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer enter into a Development Agreement, and such Development Agreement shall also include and contain the conditions of and for the real property which is the subject of the rezoning application Case No. RZ-99-007, that provides in the event the conditions therein are not met by the Owner/Developer that the FINDINGS OF FACT AND CONCLUSIONS OF LAW ~ Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ-99~OI2 property shall be subject to re-zone and/or de-annexation, with the City of Meridian, which provides for the following conditions of use and development to-wit: Conditions of Use: 17.1 All development and uses for and of the proposed development shall be developed under the conditional use permit process as a planned development. Conditions of Development: 17.2 Dedicate sufficient additional right-of-way to total 60-feet from section line of Fairview Avenue abutting the entire site. The right-of-way shall be dedicated by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of any Certificate of Occupancy. 17.3 Dedicate 76-feet of right~of-way (38-feet from the centerline) for Records Drive from Fairview Avenue to a point 300-feet south of Fairview Avenue and 60-feet of right-of-way (30-feet from centerline) for Records Drive from that point to the south boundary of the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a any Certificate of Occupancy. 17.4 Construct a 5-foot wide concrete sidewalk on Fairview Avenue abutting the site (approximately 822-feet total) prior to issuance of any Certificate of Occupancy. The construction plans for the development showing the sidewalk must be approved prior to issuance of a building permit. 17.5 Prior to opening of the development, construct pavement widening on Fairview Avenue to add one eastbound lane from Records Drive to the east property line. 17.6 Construct a maximum of three driveways on Fairview Avenue a minimum of 440-feet for a full access driveway and 220-feet for a right- in/right-out driveway from any public street intersection and 220-feet from all existing or proposed driveways. The maximum driveway vvidth FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ-99-012 will be 40-feet with a minimum storage length of 100-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Construct pavement tapers with 15-foot radii. Coordinate the design, storage length and location of any proposed driveways with District staff. 17.7 Construct Records Drive as a 65-foot street section (with curb, gutter and 5-foot wide concrete sidewalk) from Fairview Avenue to a point 300-feet south of Fairview Avenue. Records Drive shall be located approximately 2,lOO-feet east of Eagle Road. Widen the approach to Fairview Avenue to provide two northbound left turn lanes and one northbound through/right-turn lane. Two southbound lanes are needed from Fairview Avenue to a point 300-feet south of Fairview. Dedicate sufficient right-of-way for the noted improvements. 17.8 Construct a traffic signal at the Fairview Avenue/Records Drive intersection. Provide and install an Opticom device for emergency vehicle pre-emption of the signal to the satisfaction of ACHD and the Meridian Fire Department. Other materials for the traffic signal are to be purchased from ACHD or be demonstrated to meet ACHD specifications. The signal should be designed to allow the future construction of dual left-turn lanes on Fairview Avenue. The applicant will be responsible for the entire cost of the signal installation. Submit the signal design to District staff for approval prior to construction. 17.9 A maximum of three driveways are approved on Records Drive. The driveways shall be located a minimum of 175-feet south of Fairview Avenue and aligned or offset ISO-feet from all existing or proposed driveways. The driveways shall be constructed as 24 to 30-foot curb return driveway with IS-foot curb radii. The minimum storage length shall be 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Presidential Drive. 17.10 Other than the access points specifically approved with this application, direct lot or parcel access to Records Drive or Fairview Avenue is prohibited. 17.11 Applicant shall submit a revised legal description to meet all of the criteria required by Meridian City Resolution 158, and the Idaho State FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ-99-012 Tax Commission for the rezone. 17.12 Applicant shall prepare and submit a subdivision plat for any splitting of property. 17.13 Applicant shall satisfy all fire code requirements including those pertaining to water flow and fire hydrants. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (C~C) Community Business District (s 11-2-408 B 9 of the Revised and Compiled Ordinances of the City of Meridian) . 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in S 11 ~2-425 of the Revised and Compiled Ordinances of the City of Meridian in accordance with the provisions of the annexation and zoning ordinance. 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 is a person who FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ-99-012 has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who 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 / fj fit- day of ;Vb v-tf?1- ~ , 1999. ROLL CALL COUNCILMAN RON ANDERSON COUNCILMAN GLENN BENTLEY COUNCILMAN KEITH BIRD COUNCILMAN CHARLIE ROUNTREE MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: //-/6 -qr MOTION: APPRO~~ -DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW ~ Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ-99-012 VOTED~ VOTED-fj!!<-- VOTED~'- VOTED ffi!-L/ VOTED_ Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. By: ~A~~1CJ erty Clerk . Dated: //-/6-rC; msgJZ;\ W ork\lVl\Meridian 15360M\Deve]opers Diversified\AZFfCls FINDINGS OF PACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ-99-012