HomeMy WebLinkAbout2001 04-03
CITY OF MERIDIAN
CITY COUNCIL REGLAR MEETING
AGENDA
Tuesday, April 3, 2001 fat 6:30 P.M.
City Council Chambers
1. Roll-call Attendance:
~ Tammy de Weerd ~ Ron Anderson
X Cherie McCandless X Keith Bird
- ~ Mayor Robert Corrie-
2. Adoption of the Agenda: Approve
3. Consent Agenda:
A. Tabled from February 20f 2001: Findings of Facts and
Conclusions of Law: CUP 99-039 Request for Conditional Use
Permit for planned unit development including continuing care
retirement community, single- and multi-family residential and office
and retail use by Touchmark Living Centers - Joseph A. Billig-
east of 51. Luke's between Franklin Road and Interstate 84 (need to
approve Development Agreement and annexation ordinance before
approving CUP Findings of Facts and Conclusions of Law): Move
t05A
B. Findings of Facts and Conclusions of Law for Approval:
AZ 00-026 Request for annexation and zoning of 5.4 acres from
Ada County RT zone to R-8 for a proposed planned development
for proposed Kodiak Development by Hubble Engineering - west
of Meridian Road one-half mile south of Overland Road: Approve
C. Findings of Facts and Conclusions of Law for Denial:
VAR 00-019 Request for a variance to exceed maximum building
height of 35 feet and reduce the 3D-foot setback requirement to 20
feet along the 63 feet of the one-story section of the building for
proposed Ameritel Inn by B & A Development - Eagle Road north
of 1-84: Approve
Meridian City Council Agenda - April 3, 2000
Page 1 of 5
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's
Office at 888-4433 at least 48 hours prior to the public meeting.
D. Findings of Facts and Conclusions of Law for Denial:
CUP 00-053 Request for Conditional Use Permit for a three-story,
87 -room hotel in an L-Q zone for proposed Ameritellnn by B & A
Development - Eagle Road and 1-84: Approve
E. Development Agreement: AZ 00-016 Request for annexation
and zoning of 10.19 acres from RT to R-8 for proposed Wilkins
Ranch Village planned-unit development by Steiner Development,
LLC - south of Ustick Road and east of Black Cat Road: Approve
F. Development Agreement: AZ 99-015 Request for annexation
and zoning of 12.801 acres for Tarawood Subdivision by
Michelangelo Investments, LLC - south of Los Alamitos Park and
north of Sherbrooke Hollows: Move to 5F
G. Water Main Easement Agreement for Stratford Business Park
(Murdoch Subdivision): Approve
H. Approve minutes of March 13, 2001, City Council Workshop:
Approve
Approve Bills: Approve
4. Department Reports:
A. Public Works Department - Gary Smith
1. Engineering Agreement with CH2M Hill for Water Master
Plan Project: Approve
B. Parks and Recreation Department - Tom Kuntz
2. Agreement with the Land Group, Inc., for Landscape
Architect Services for the 58-Acre Park: Approve
C. Attorneys - Bill Nichols
3. Construction manager contract for Kreizenbeck
Constructors, Inc. for the new law enforcement building:
Approve
5. (Items moved from Consent Agenda)
A. Tabled from February 20, 2001: Findings of Facts and
Conclusions of Law: CUP 99-039 Request for Conditional Use
Permit for planned unit development including continuing care
Meridian City Council Agenda - April 3, 2000
Page 2 of 5
All materials presented at public meetings shalf become property of the City of Meridian.
Anyone desiring accommodation for disabfliUes related to documents and/or hearings. please contact the City Clerk's
Office at 888-4433 at least 48 hours prior to the public meeting.
retirement community, single- and multi-family residential and office
and retail use by Touchmark Living Centers - Joseph A. Billig-
east of St. Luke's between Franklin Road and Interstate 84 (need to
approve Development Agreement and annexation ordinance before
approving CUP Findings of Facts and Conclusions of Law):
Tabled to April 11, 2001, Meeting
F. Development Agreement: AZ 99-015 Request for annexation
and zoning of 12.801 acres for Tafawood Subdivision by
Michelangelo Investments, LLC - south of Los Alamitos Park and
north of Sherbrooke Hollows: Approve with Amendments
6. Ordinance No. 01-915: AZ 00-016 Request for annexation and zoning
of 10.19 acres from RT to R-8 for proposed Wilkins Ranch Village
planned-unit development by Steiner Development, LLC - south of Ustick
Road and east of Black Cat Road: Approve
7. Ordinance No. 01-906: AZ 99-015 Request for annexation and zoning
of 12.801 acres for Tarawood Subdivision by Michelangelo Investments,
LLC - south of Los Alamitos Park and north of Sherbrooke Hollows:
Approve
8. Tabled from February 20, 2001: FP 01-002 Final Plat approval of 82 +
2 existing single-family dwelling lots and 6 other lots on 43.33 acres for
Observation Pointe Subdivision by Victory 41, LLC - north of Victory
Road and east of Meridian Road: Tabled to April 17, 2001
9. Continued Public Hearing from March 20, 2001: AZ-OO..o21
Request for Annexation and Zoning of 70.72 acres to R-8 for proposed
Sundance Subdivision by G.L Voigt Development - northeast corner of
Ustick and Meridian Roads: Attorney to Prepare Findings of Facts and
Conclusions of Law for Denial
10. Continued Public Hearing from March 20, 2001: PP~00-020
Request for Preliminary Plat approval of 214 single-family lots, 4 future
office lots and 23 common lots on 69.79 acres for proposed Sundance
Subdivision by G.L. Voigt Development - northeast corner of Ustick and
Meridian Roads: Attorney to Prepare Findings of Facts and
Conclusions of Law for Denial
11. Continued Public Hearing from March 20, 2001: AZ 00-027 Request
for annexation and zoning of 5.97 acres from RT to R-4 by Hubble
Engineering for proposed Inglenook Subdivision - east side of Locust
Grove and north of Victory Road: Attorney to Prepare Findings of
Facts and Conclusions of Law for Denial
Meridian City Council Agenda - April 3, 2000
Page 3 of 5
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's
Office at 888-4433 at least 48 hours prior to the public meeting.
12. Continued Public Hearing from March 20, 2001: PP 00-028 Request
for Preliminary Plat approval 21 building lots and 3 other lots on 5.97
acres in a proposed R-4 zone by Hubble Engineering for proposed
Inglenook Subdivision - east side of Locust Grove and north of Victory
Road: Attorney to Prepare Findings of Facts and Conclusions of Law
for Denial
13. Continued Public Hearing from March 20, 2001: CUP 01-001 Request
for a Conditional Use Permit for an office building for O'Neill Homes in an
L~O zone by Toothman-Orton Engineering Company I Johnson Design _
Franklin Road and Locust Grove Road at 385 South Locust Grove Road:
Attorney to Prepare Findings of Facts and Conclusions of Law for
Approval
14. Continued Public Hearing from March 20, 2001: AZ 01-001 Request
for Annexation and Zoning of 78 acres from R-1 to C-C and C-G by
Larson Architects for proposed Silverstone Corporate Center _
southeast corner of Overland Road and Eagle Road: Attorney to
Prepare Findings of Facts and Conclusions of Law for Approval
15. Continued Public Hearing from March 20, 2001: PP 01-001 Request
for Preliminary Plat approval of 15 building lots and 1 other lot on 78 acres
in proposed C-C and C-G zones for proposed Silverstone Corporate
Center by Larson Architects - southeast corner of Overland Road and
Eagle Road: Attorney to Prepare Findings of Facts and Conclusions
of Law for Approval
16. Continued Public Hearing from March 20, 2001: CUP 01-002 Request
for a Conditional Use Permit for a commercial planned unit development
and floodway approval in proposed C-C and C-G zones for proposed
Silverstone Corporate Center by Larson Architects - southeast corner of
Overland Road and Eagle Road: Attorney to Prepare Findings of
Facts and Conclusions of Law for Approval
17. Public Hearing: AZ 01-002 Request for Annexation and Zoning of
11.764 acres from RT to R-40 and C-G for proposed Locust Grove Place
by B & A Engineers - west side of Locust Grove Road, south of Fairview
Avenue: Attorney to Prepare Findings of Facts and Conclusions of
Law for Approval
18. Public Hearing: PP 01-002 Request for Preliminary Plat approval of
7 building lots and 2 other lots on 11.764 acres in a proposed R-40 and
C-G zone for proposed Locust Grove Place by B & A Engineers - west
side of Locust Grove Road, south of Fairview Avenue: Attorney to
Prepare Findings of Facts and Conclusions of Law for Approval
Meridian City Council Agenda - April 3, 2000
Page 4 of 5
All materials presented at public meetings shafl become property of the City of Meridian.
Anyone desirJng accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's
Office at 888-4433 at least 48 hours prior to the public meeting.
19. Public Hearing: CUP 01-003 Request for a Conditional Use Permit
for a 180-unit apartment complex and a planned development in a
proposed R-40 and C-G zone for proposed Locust Grove Place by B & A
Engineers - west side of Locust Grove Road, south of Fairview Avenue:
Attorney to Prepare Findings of Facts and Conclusions of law for
Approval
20. Public Hearing: PP 01-004 Request for Preliminary Plat approval of
11 building lots and 2 other lots on 20,26 acres in an R~8 zone by J-U-B
Engineers for proposed Murdoch Subdivision No. 2 - east of Locust
Grove Road, south of Medimont No.2: Continue Public Hearing to
April 17 , 2001 f Meeting
21. Public Hearing: PP 01-003 Request for Preliminary Plat approval of
23 building lots and 3 other lots on 9.24 acres in an R-4 zone by Hubble
Engineering for proposed Ashford Greens No.6 - Black Cat Road, north
of Cherry Lane: Continue Public Hearing to May 1, 2001, Meeting
22. FP 01-005 Request for Final Plat approval for 87 building lots and 4 other
lots on 25.27 acres for Autumn Faire Subdivision No. 2 by Gem Star
Properties, LLC - south of Ustick and west of Black Cat Roads: Approve
23. TE 01-003 Time Extension on the preliminary and final plat originally
approved on April 14, 2000 for Wilkins Ranch Subdivision by Briggs
Engineering, Inc. - NW % Section 3, T3N, R1W: Approve Extension to
April 14, 2001
24. TE 01-004 Time Extension to sign and record plat originally approved
on April 18, 2000 for Overland Mini Storage by Overland Mini Storage,
LLC - 1230 East Overland Road: Approve Extension to April 1 , 2002
25. Release and Settlement Agreement with Gary SCheihing and Jeff Lavey:
Approve
Meridian City Council Agenda - April 3, 2000
Page 5 of 5
All materials presented at public meetings shall become property of the City of Meridian.
Anyone delliring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's
Office at 888-4433 at least 48 hours prior to the public meeting.
Tabled from February 20, 2001: Findings of Facts and
Conclusions of Law: CUP 99-039 Request for Conditional Use
Permit for planned unit development including continuing care
retirement community, single- and multi-family residential and office
and retail use by T ouchmark Living Centers - Joseph A. Billig -
east of St. Luke's between Franklin Road and Interstate 84 (need to
approve development agreement and annexation ordinance before
approving CUP Findings of Facts and Conclusions of Law):
/1M7ve. 1-0 ti S-11 .fa-6& ~L 4--17-&0 /1<..~
Findings of Facts and Conclusions of Law for Approval:
AZ 00-026 Request for annexation and zoning of 5.4 acres from
Ada County RT zone to R-8 for a proposed planned development
for proposed Kodiak Development by Hubble Engineering - west
of Meridian Road one-half mile south of Overland Road:
0/ pYfJVJR-
Findings of Facts and Conclusions of Law for Denial:
V AR 00-019 Request for a variance to exceed maximum building
height of 35 feet and reduce the 3D-foot setback requirement to 20
feet along the 63 feet of the one-story section of the building for
proposed Ameritellnn by B & A Development - Eagle Road north
of 1-84: _ t/?/P(JYlJ ve.
Findings of Facts and Conclusions of Law for Denial:
CUP 00-053 Request for Conditional Use Permit for a three-story I
87-room hotel in an L-O zone for proposed Ameritellnn by B & A
Development - Eagle Road and 1-84: w/?;9TP v.e..-
Meridian City Council Agenda - April 3, 2000
Page 1 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's
Office at 888-4433 at feast 48 hours prior to the public meeting.
1.
2.
3.
CITY OF MERIDIAN
CITY COUNCIL REGLAR MEETING
AGENDA
Tuesday, April 3f 2001, at 6:30 P.M.
City Council Chambers
Roll-call rndance:
Tammy de Weerd Ron Anderson
. Cherie McCandless =f Keith Bird
-X- Mayor Robert Corrie
Adoption of the Agenda:
Consent Agenda:
A.
B.
c.
D.
E. Development Agreement: AZ 00-016 Request for annexation
and zoning of 10.19 acres from RT to R-8 for proposed Wilkins
Ranch Village planned-unit development by Steiner Development,
LLC - south of Ustick Road and east of Black Cat Road:
(i PI ro v'..e-
F. Development Agreement: AZ 99M015 Request for annexation
and zoning of 12.801 acres for Tarawood Subdivision by
Michelangelo Investments, LLC - south of Los Alamitos Park and
north of Sh~rbrooke Hollows: /i/l?- v-€.- (l./I:(-:L af~/~
~ov.e ftJ Ft!? -r(ffP
G. Water Main Easement Agreement for Stratford Business Park
(Murdoch Subdivision): t4?pY7?vve-
H. Approve minutes of March 13, 2001 City Council Workshop:
t21-j/nw"..ii:../
Approve Bills: btpj?Y79vz-
4. Department Reports:
A. Public Works Department - Gary Smith
1. Engineering Agreement with CH2M Hill for Water Master
Plan Project: ?VI j?rt? ve-
B. Parks and Recreation Department - Tom Kuntz
1. Agreement with the Land Group, Inc., for Landscape Architect
Services for the 58-Acre Park: Cup pro live-
C. Attorneys - Bill Nichols
1. Construction manager contract for Kreizenbeck Constructors,
Inc. for the new law enforcement building: tt-pPrtJ vvc---
5. (Items moved from Consent Agenda)
6. Ordinance No. f!} 1- q ( 5 : AZ 00-016 Request for annexation
and zoning of 10.19 acres from RT to R-8 for proposed Wilkins Ranch
Village planned-unit development by Steiner Development, LLC - south
of Ustick Road and east of Black Cat Road: tlflJ!lY'&V..e-
7. Ordinance No. tJ I-t{( 6 : AZ 99-015 Request for annexation
and zoning of 12.801 acres for Tarawood Subdivision by Michelangelo
Meridian City Council Agenda - April 3, 2000
Page 2 of4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's
Office at 888-4433 at least 48 hours prior to the public meeting.
8.
Investments, LLC - south of Los Alamitos Park and north of Sherbrooke
Hollows: t'bl' ~v..e-
Tabled from February 20, 2001: FP 01-002 Final Plat approval of 82 +
2 existing single-family dwelling lots and 6 other lots on 43.33 acres for
Observation Pointe Subdivision by Victory 41, LLC - north of Victory
Road and east of Meridian Road:
-fiz.6te ~? 4-/7-tll 1J1'l~.
Continued Public Hearing from March 20, 2001: AZ-00-021
Request for Annexation and Zoning of 70.72 acres to R-8 for proposed
Sundance Subdivision by G.L Voigt Development - northeast corner of
Ustick and Meridian Roads: .
~l-/,4:rrl'le'1 fo (YLepeve.P. /'11 rI ele A ~;d
Continued Public Hearing from March 20, 2001: PP-00-020
Request for Preliminary Plat approval of 214 single-family lots, 4 future
office lots and 23 common lots on 69.79 acres for proposed Sundance
Subdivision by G.L. Voigt Development - northeast corner of Ustick and
Merid.ian Roads: rI . , Ll_ j"
a~:I. fl9 p-ujJd/Lf +t:r (el..e nn.. ~f'd
Continued Public Hearing from March 20, 2001: AZ 00-027 Request
for annexation and zoning of 5.97 acres from RT to R-4 by Hubble
Engineering for proposed Inglenook Subdivision - east side of Locust
Grove.and north of Victory Road: /"l7. , /..,; /'_ _#., ....... 4.
a~o/ 1-0 fJ(gfJ~ --:r/'./' t c ~ rut ~/"-V'
Continued Pulilic Hearing from March 20, 2001: pp 00-028 Request
for Preliminary Plat approval 21 building lots and 3 other lots on 5.97
acres in a proposed R-4 zone by Hubble Engineering for proposed
Inglenook Subdivision - east side of Locust Grove and north of Victory
Road: a~tj f-o ;n-e-p~ +'/F f e/~ !:n.- ~/hb
Continued Public Hearing from March 20, 2001: CUP 01-001 Request
for a Conditional Use Permit for an office building for O'Neill Homes in an
L-O zone by Toothman-Orton Engineering Company I Johnson Design -
Franklin Road and Locust Grove Road at 385 South Locust Grove Road:
a-/ftrvh.e'f fo ;N-t/tV1--C- -flit cle ;;n tVJPProvct...R-
Continued PubTic Hearing from March 20, 2001: AZ 01-001 Request
for Annexation and Zoning of 78 acres from R-1 to C-C and C-G by
Larson Architects for proposed Silverstone Corporate Center -
southeast corner of Overland Road. and E.agle Road:
tt'H~;j 10 (YlefJaA.( IY;: cfel..f -fYL ap/J"()v~
Continued Public Hearing from March 20, 2001: PP 01-001 Request
for Preliminary Plat approval of 15 building lots and 1 other lot on 78 acres
in proposed C-C and C-G zones for proposed Silverstone Corporate
Center by Larson Architects - southeast corner. of Overland Road and
Eagle Road: a:lmNJ ft; jh-ejJ(t;v(.., /'/+' i C/-tk'1.. ClfJPT'OV~
9.
10.
11.
12.
13.
14.
15.
Meridian City Council Agenda - April 3, 2000
Page 3 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's
Office at 888-4433 at least 48 hours prior to the public meeting.
16. Continued Public Hearing from March 20, 2001: CUP 01-002 Request
for a Conditional Use Permit for a commercial planned unit development
and floodway approval in proposed C-C and C-G zones for proposed
Silverstone Corporate Center by Larson Architects - southeast corner of
Overland Road and Eagle Road: .'. .~ #
a~~y 1--0 jJvcp~ ,cl-P., e /..f fh- ajJ In; v~
17. Public Hearing: AZ 01-002 Request for Annexation and Zoning of
11.764 acres from RT to R-40 and C-G for proposed Locust Grove Place
by B & A Engineers - west side of Locust Grove Road, south of Fairview
Avenue: r/r / /" a...R-
ai~y tv ~ptvU f'lr 1e/-I! ~ apfJl'?:>v,
18. Public Hearing: PP 01-002 Request for Preliminary Plat approval of
7 building lots and 2 other lots on 11.764 acres in a proposed R-40 and
C-G zone for proposed Locust Grove Place by B & A Engineers - west
side of Locust Grove Road, south of Fairview Avenue:
a-/f?rL.h.efj f-o f.h-e-f.lM.-e.. ..f'/ -? t c l-e .;::n, a/? pro vd
19. Public Hearing: CUP 01-003 Request for a Conditional Use Permit
for a 180-unit apartment complex and a planned development in a
proposed R-40 and C-G zone for proposed Locust Grove Place by B & A
Engineers - west side of Locust Grove Road, south of Fairview Avenue:
a~J' ~ fh<-Pt0-e../l~ .d' el...e ~ ~r'?YVV?d..
20. Public Hearing: PP 01-004 Request for Preliminary Plat approval of
11 building lots and 2 other lots on 20.26 acres in an R-8 zone by J-U-B
Engineers for proposed Murdoch Subdivision No. 2 - east of Locust
Grove Road, south of Medimont NO.2:
can-h'nue. plk -/-0 4-/7-01 /rl7"
21. Public Hearing: PP 01-003 Request for Preliminary Plat approval of
23 building lots and 3 other lots on 9.24 acres in an R-4 zone by Hubble
Engineering for proposed Ashford Greens No.6 - Black Cat Road, north
of Cherry Lane: . /L. .J....., C I I -hi..
cf7Yl/hhu..e. p rL /V :;1- -f) /71'1/'
22. FP 01-005 Request for Final Plat approval for 87 building lots and 4 other
lots on 25.27 acres for Autumn Faire Subdivision No. 2 by Gem Star
Properties, LLC - south of Ustick and west of Black Cat Roads:
tltprt/ v.e-
23. TE 01-003 Time Extension on the preliminary and final plat originally
approved on April 14, 2000 for Wilkins Ranch Subdivision by Briggs
Engineering, Inc. - NW % Section 3, T3N, R1W:
a/ppnJVI.f!... -f&' 4-/4--02-
24. TE 01-004 Time Extension to sign and record plat originally approved
on April 18, 2000 for Overland Mini Storage by Overland Mini Storage,
LLC - 1230 East Overland Road:
6(ffTOV.e. fv 4--1-02-
29. f<R.leer,Sft. Nn-d. ..JeH/~h1eivt l1-~r.eetnejL-t-(A/iflv 6M2 JclLeiAil-tJ
q j?;J rb I,r.e... t[tAcL ue l}.: Lave tj
Meridian City Council Agenda - April 3, 2000
Page 4 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's
Office at 888-4433 at least 48 hours prior to the public meeting.
\.. \ jJvrtrd J; I 'UJO (
Item Packet Pickup ~/Vl
CITY OF MERIDIAN
CITY COUNCIL REGLAR MEETING
AGENDA
Tuesday, April 3, 2001 f at 6:30 P.M.
City Council Chambers
1. Roll-call Attendance:
~ Tammy de Weerd ~ Ron Anderson
X Cherie McCandless X Keith Bird
- ~ Mayor Robert Corrie-
2. Adoption of the Agenda: Approve
3. Consent Agenda:
A. Tabled from February 20, 2001: Findings of Facts and
Conclusions of Law: CUP 99-039 Request for Conditional Use
Permit for planned unit development including continuing care
retirement community, single- and multi-family residential and office
and retail use by Touchmark Living Centers - Joseph A. Billig -
east of S1. Luke's between Franklin Road and Interstate 84 (need to
approve Development Agreement and annexation ordinance before
approving CUP Findings of Facts and Conclusions of Law): Move
to5A
B. Findings of Facts and Conclusions of Law for Approval:
AZ 00-026 Request for annexation and zoning of 5.4 acres from
Ada County RT zone to R-8 for a proposed planned development
for proposed Kodiak Development by Hubble Engineering - west
of Meridian Road one-half mile south of Overland Road: Approve
C. Findings of Facts and Conclusions of Law for Denial:
VAR 00-019 Request for a variance to exceed maximum building
height of 35 feet and reduce the 3D-foot setback requirement to 20
feet along the 63 feet of the one-story section of the building for
proposed Ameritellnn by B & A Development - Eagle Road north
of 1-84: Approve
Meridian City Council Agenda - April 3, 2000
Page 1 of5
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's
Office at 688-4433 at least 48 hours prior to the public meeting.
Meridian City Council MeetinQ
April 3. 2001
The special workshop of the Meridian City Council was called to order at 5:30 PM
on Tuesday April 3,2001 by Mayor Robert Corrie.
Members Present: Mayor Robert Corrie, Keith Bird, Tammy De Weerd, Cherie
McCandless
Others Present: Bill Nichols, Janice Smith, Bill M, Will Berg:
Special guest: Ken Harward
Corrie: Okay. I call the special workshop to order April 3, 2001. Meridian City
Council discussing the upcoming special mellody. Note all Council members are
present, the city attorney and also Ken Harward, Director AIC. With that, is
Janice coming in here?
Bird: I don't think she knows it.
Corrie: Okay. I guess Ken what we're needing some expert advice on how to go
about this mill levy. Should we talk to the people and what we need to do and
some of the particulars that you've had experience with. What we need to
emphasize to the people and kind of go over - This is treasurer kind of -
(inaudible) might be here to explain what this is all about.
Harward: Actually I done the calculations this afternoon. I didn't bring them with
me. In the year 2002 it shows if you brought your levy up to .004 the revenue
would be one million four hundred and fifty seven thousand. Five million eight
hundred and thirty -
Corrie: She was projecting off of a - was estimating that we'd have a 16 percent
growth rate this next year. I cautioned her about being a little bit too optimistic
there because indications are that the building might slow with the amount of lay
offs that are happening in the high tech industry and some of that kind of stuff. I'd
rather be a little bit conservative than I would over estimate. I would say, we saw
a projection, Bill and I did about two years ago? Just last year at the workshop
and it was about a million dollars at that point. I was thinking probably one and a
half million would be pretty close to what that would generate based on
(inaudible)
Harward: I actually did the calculations (inaudible). On this maybe (inaudible)
Janice the actual levy for year 2000 was how much?
Smith: The mill levy?
Meridian City Council Meeting
April 3, 2001
Page 2
Harward: No the actual dollar levy.
Smith: It was that-
Harward: That was actual dollar
Smith: Right and we brought in a little more.
Haward: But your dollar certification is that amount?
Smith: Yes.
Harward: With the four million and eighty four thousand. And the levy that you'll
make this year will be that, assuming there's no election, you'd have 3 percent
over that plus last year rate is .0032. Apply the annexation value and new
construction value. For the most part you're dealing with one billion four hundred
and fifty seven million.
Smith: That's what (inaudible)
Anderson: More sandwiches.
(inaudible discussion)
Smith: That's just a blank but I've got another formula of how they give it to us.
Harward: I really apologize for not bringing my spreadsheet.
Smith: Let me go print some out.
Harward: I had calculated if you brought it up to the .04 what the difference is.
(inaudible discussion)
Harward: No it's a calculation. Mayor, do you just want me to comment on that?
(inaudible) ideas for an election?
Corrie: No that's all right.
Harward: It does take 60 percent voter approval. You're holding the election of
course in May. The election does have to be either in Mayor November. The
reason that was written into the law two dates that we're expected to have the
highest voter turn out. Now the May election doesn't necessarily have a high turn
out in the off years. The year that there's a primary (inaudible). Now that can
work to you r advantage I think. Just knowing that you can develop a strategy
based upon the expected voter turn out. If you really take the million dollars,
Meridian City Council Meeting
April 3, 2001
Page 3
there are specific things that you're going to use it for. Here's where you can be
creative in your own budget because we can move dollars around. So you take
the million dollars is going to go to a certain project you know that'll be the most
popular. Some might say that's firefighters and some might say that's parks.
Anyway, put (inaudible) would have the most public appeal. Put the money
towards that and it seems like you would want to get some citizens involved in
the committee. Have you identified where the money would go? In a specific way
or just in a general way?
Corrie: Probably general. It would just be police fire and parks right now.
Anderson: We do know that we're way behind in those three areas as
compared to national averages and when you look at park space per population
you know acres of park ground. When you look at numbers of police officers and
numbers of fire fighters per capita and fire stations. There's are the three big
areas that we're going to target with the money.
Harward: All you have to do is look at the population you have in this city and
look at the tax revenue you've got coming in. Everybody who's used to a
municipal budget can shake their head and say how are you doing it? (inaudible)
That's another good thing to use in the material is comparisons with other cities
which might be Nampa and Caldwell and Twin Falls, Lewiston, Idaho Falls, and
you'll show your citizens that even if you only came to the .004 you're going to be
still about half of the levy the other major cities in Idaho will have. (inaudible)
That additional million could be spread over a one billion-dollar tax base. There's
going to be a pretty small impact when you're giving homeowner, business
owner, so I hope you (inaudible) a calculation that shows on average (inaudible)
Smith: This is that worksheet that we use.
(inaudible discussion)
Smith: I think I got them all. These are the formulas that we use but to make it
simple for you guys (inaudible) go off the top part they give us right here. They
give us this mill levy times that percentage. It comes up to the same thing.
Anderson: Janice, so this was the L2 for 2000?
Smith: Yes.
Anderson: You just submitted this in?
Smith: Yeah. This is the one that was submitted. Right here. That's the
(inaudible) I've got to figure out what, I was messing around with it so I just
printed it real quick
Meridian City Council Meeting
April 3, 2001
Page 4
Harward: You can generalize here pretty easy. The difference between your
actual levy and if you brought it up to .04 is in the million dollar range.
Smith: So, I tried to simplify it on that other sheet. .
Harward: Two cities have done this. Both small cities. lona over by Idaho Falls
and they put together a campaign and you've got all those documents. Ended up
with a 79 percent voter approval. Then the little tiny city of Placerville used it and
they got 89-voter approval.
(inaudible discussion)
De Weerd: Do you have information then on what type of information they got out
to their-
Anderson: Ken sent us examples of. They have letters going out. Again what
they did is what Ken is taking about which is they tied it to specific, we've got to
remember with lona they have a contract with the sheriff for law enforcement
services so they have a provision that we've got 35 thousand dollars we have to
come up with some place or we're not going to have any protection. So, they had
some really specific things they tied into what was going to happen. They had
some, looks to me like this was probably an ad in the newspaper. It is a vote yes
ad, (inaudible) They had a fact sheet if I remember right that specified where
these funds were going to be used so that anybody that was going to ask what
are you going to do with this money if we give it to you, so you can say here's
this much (inaudible) police budget, this much (inaudible) But those are all pretty
standard things. The key is to try to target those that you know are going to vote
in favor and get them involved somehow.
Harward: Now the chamber has a pretty active public affairs (inaudible)
Smith: (inaudible) Thursday.
Anderson: This Thursday?
Harward: I would recommend getting on their agenda and getting the Chamber's
endorsement and then printing a bunch of (inaudible) You can have, depending if
you're going to target some recreational park project, (inaudible) Produce a lot of
volunteers to help. (inaudible) I'll put together for you the comparisons with the
other cities where we show where you are in relationship to the other cities. You
have to I guess choose how much publicity you're going to go after. I'm pretty
confident the Statesman would editorialize this (inaudible) I would help get the
information to (inaudible)
(inaudible discussion)
Meridian City Council Meeting
April 3, 2001
Page 5
Corrie: I know the other two. I've worked with them. I have pretty good repor
with both of them.
Anderson: I had a question on you talked about trying to tell the public what it is
that the money would buy or whatever, pay for. It's a little bit difficult to head up
the budgeting process because you don't know what the requests are going to be
specifically from the individual department yet. Are you better off to take the
approach that you figure out what an average cost of putting a police officer on
the street or adding a fire fighter to the department or purchasing park ground per
acre and what it would cost to develop that and have generic numbers to say that
if you approve this million dollar increase this could put x number of policemen or
x number of fire fighters better than going with a specific proposal that says we
will hire x number of policemen or x number of-
Harward: I guess it would be my recommendation that if in fact you have a plan
which is certainly not binding until you (inaudible). If you do have a plan for what
the money will be used for and it's specific I would market that specificity. This is
our plan. Here's our needs. You've got a compelling argument with the growth
rate. You were a tiny little farm town of 9 thousand people and (inaudible) today
what 335 thousand plus and you got stuck, really really got hemmed when the
legislature passed a property tax cap. You got caught in the squeeze. Nobody's
fault, you just got stuck. There's a possibility of meeting all of those needs that
intend to grow. See, what's happened, as you've had to grow, market valuation
has increased. You're under a cap; it drives down your rates. This is only a Band-
Aid. It's not going to solve your financial (inaudible)
Anderson: I guess the problem I see we saw it flair its ugly head last year at
(inaudible) time, we feel like all three of those areas are equally important in my
mind. I feel like we're behind in all of those and we need to improve. What
happened last year at budget time what we ended up is we ended up with
different factions that had their own interests. Just like you said somebody thinks
the police is more important than parks or fire is more important than police.
Then you start getting all this in fighting and they start rallying more people
around their cause to say that my cause is more important than your cause. It
actually turned out to be a very ugly hearing, pitting department against
department.
Harward: And you don't want that to happen with the election. See the same
thing could happen here on that ballot issues. We have different factions. If the
Council is of a mind of what you want to put down in a plan, a plan that you vote
on as a Council that your proposing this plan. This is where you see the money
would go. I think you'd be better off selling it to the public and to the different
factions. The message to the different factions if you really want it you'd better all
link arms together and help get it passed for everybody's benefits.
Meridian City Council Meeting
April 3, 2001
Page 6
Smith: That's 30. At 40 percent of an increase (inaudible). If it doesn't pass it's
(inaudible)
Harward: So, Mayor just to recap I guess. We'll put together a comparison
(inaudible). We'll give some history on the property tax laws in the last, weill
mean I've already got it summarized but what happens is (inaudible). You can
really trace what Meridian is today in terms of its tax revenue to what happened
(inaudible) in 1978. That'll give information then take it to the statesman, editorial
board. You can develop it into an informational piece to go to the Chamber. It
seems to me that someone, you Mayor, or someone or divide it up need to get
on the agenda of the service club meetings. You know (inaudible) and solicit
every organizations support. (inaudible) One thing we used to do over in Nampa,
in gaining support for public projects was actually bring people together for one
large community meeting, Chamber of Commerce, Rotary Club, Lion's Club,
Kiwanis Club, all in one day. I don't know if that would work in Meridian.
(inaudible discussion)
Harward: (inaudible) But I would recommend if you could get all their
membership together on it. Call it the service club appreciation day. See if they
would each forego their special whatever day they meet that week and pick one
day for everybody can get there. (inaudible)
Corrie: We've got two service organizations already asking to talk.
Harward: Have some fact sheets and maybe at the meeting say okay to get this
done we need your support. If we can count on your vote. If we're going to run
some ads like lona did, that's not City money paying for those ads. You can give
information but when you cross the line into advocacy, (inaudible)
(inaudible discussion)
Harward: Well, they didn't. They had citizens sign their name and put in the
money.
Bird: How about flyers?
Harward: I think flyers would really be important. Now in a classic campaign what
you try to do is what Bill told you earlier. You identify your supporters, you identify
the undecided, and then if you know who the opposition is you don't try to
change the mind of the opposition. You do the things that solidify your supporters
and make sure you get them to the polls. Make sure they're registered and have
something in place that gives people a reminder call the day before that election,
transportation if they need it. (inaudible) Then you develop the flyers and
information (inaudible). You just assume they forgot the day of election so you
Meridian City Council Meeting
April 3, 2001
Page 7
don't want to do a whole lot to remind them. I think you do need flyers. I think you
need an informational packet.
De Weerd: And how would you distribute them?
(inaudible)
Harward: That's right.
Bird: And you don't use City money to develop these flyers.
Corrie: We get some of the other people to stand out here and hand out -
Bird: Mike Walkers. I was going to say that I'm sure that even though it is in May,
we start in May that we run about 6 or 700 little league football kids from Meridian
and we can hand flyers out at the sign ups.
Anderson: I think you can use some of these groups that are supportive of
(inaudible) Rather in the fire department, the fire explorers, or the police it' the
Citizens on Patrol. Not that they're doing that while they're serving for the City -
(inaudible discussion)
Anderson: Champion the causes for the City and you know the friends for the
parks and (inaudible) and some of those types of -
Harward: Those are exactly the groups of people you want to get in with.
De Weerd: What about putting some out at the golf-
Harward: Now the information, the informational piece is legitimate for the City to
produce and to pay for. So, if you're putting together a fact sheet, a flyer that
says, gives the census numbers, the growth rate, comparisons of other tax levies
of other cities and a plan for how this money would be used. That's information.
Corrie: So, that could be put out in with the water bills?
Harward: Absolutely.
De Weerd: Well, we've only got one.
Corrie: I know but we can get that real quick.
Harward: I mean and if you're pointing out to the folks that there's going to be an
election and the day of the election, that's all legitimate information.
Meridian City Council Meeting
April 3, 2001
Page 8
(inaudible discussion)
Bird: That's probably the best way to get them out is in the water bills.
(inaudible discussion)
Nichols: -- the key is, in my prospective at least, a lot of these that I've seen in
the past, (inaudible) - where's the money going to go? The tension, what Ron's
identified, you're prejudging your budget. You know you're down in those three
areas among others as well. Even if you did nothing more than (inaudible) the
percentage of your general fund revenue, how much of it went to police and how
much went to fire and how much went to parks in this current fiscal year simply
(inaudible) to be 100 percent Take out the administration part of it. Apply those
on the money and say this would make this much available (inaudible) this much
available for fire. That's this many new patrol cars or this many officers, this
many positions in the fire department. Those sorts of things that makes it
tangible. You're still going to have to come down to the hard part of budgeting
and still allocate those scarce dollars. My advice and this is not legal advice so
you've got to take it for what its worth, is that even if you felt like you made a
promise tot he voters that this is what we're going to do with the money this year,
you keep that promise in this upcoming budget. Next time you can massage
those numbers around. Maybe next time it's a little more on the police
department, maybe more on the fire department. At least you've said this is how
it can be used. I think we can work (inaudible) But it's really important, they've
got to know this is just not going to be sucked into a (inaudible). They've got to
know this is going (inaudible) something they really feel is important. I mean,
you're in a meeting with some opponents and (inaudible)
(inaudible discussion)
Nichols: -- with some of the opponents and yet (inaudible) people said by the
way, it appears to us you don't have enough money to run your general fund.
What can we do to help? Those are people that are closer to the particular
project that recognize that the City's general fund needed to be increased. How
can that be done? (inaudible) So, you go back to those people and say this is
what you said then are you still willing to help?
HalWard: I think keeping your campaign strategy, have a citizens committee and
their names are out on the front line too, get some very prominent citizens, well
known, respected and they endorse. The more you could have other citizens
leading the effort, the less you as elected officials (inaudible) the battle line.
Anderson: I like your idea Bill about kind of figuring out how it is that you're going
to spend that. I think you have to, can't just take the whole budgets right now
though. I think you have to extrapolate out of there some of the things like maybe
some of the capital improvement. (inaudible) Police department's building a new
Meridian City Council Meeting
April 3, 2001
Page 9
building. This money that we redeem from this increase in the mill levy would be
on going money so I would like to see that go more into manpower and
operational costs. I think maybe those are the parts of the budget you'd have to
look at the police, the fire, the parks and look at what they're spending on those
parts of the budget and then figure out a percentage (inaudible). Then look at
how you want to extrapolate that out of there.
Nichols: That's the thing the counsel said is how are you going to do that? Or you
could even look at you know a 56 acre park is the first stage of developing
(inaudible) is going to make it more efficient. Purchase some different mowing
equipment that would allow us to cover this many more acres with just one
person. All of those things are legitimate. The key is this is essentially a
marketing campaign to sell something, which is why somebody with a 150
thousand dollar home should increase their taxes (inaudible). That's the
question.
De Weerd: That's basically what the schools do when they have a bond election
to build new schools.
Bird: They have to list the (inaudible)
De Weerd: Yeah.
Bird: I think Bill's right but I also agree with Ron. I think that if you want to sell the
program, I think - we know the three areas we're down in. I would say a third,
third and third because they're all, and I'm like Ron you know you can't go off of
this year's budget because the police have got a big 3.5 million bloated one on
capital improvements. I would say those three and I think you'd get more people
if you start kicking 76 percent of the budget which the police has ran up until the
last three years has been 76 percent, 71 to 76 percent of the budget. You're
going to have parks people saying hey I'm not going to support that if its all going
to police or fire and the police are going to say I'm not going to support that if its
all going to parks. I think we need to divide that equal. They're three equal ones
and they're three equally behind.
Harward: Right. But also what you're doing when you talk about police in this
marketing campaign you don" want to frame it as helping the police. You want to
frame it as providing public safety for the citizens of Meridian. The citizens of
Meridian are at a disadvantage, a threat because of being under served with
public safety. I think you're going to have tremendous response for the parks and
recreation.
De Weerd: (inaudible) already ready to help. One of the members would like to
serve on this citizens committee. He's been a school board trustee (inaudible) a
number of school bonds so he's very familiar with bond campaigns and that sort
of thing. We just need to pull it together and start doing (inaudible).
Meridian City Council Meeting
April 3, 2001
Page 10
(inaudible discussion)
McCandless: (inaudible) soccer season. A lot of our youth organizations could be
very pro active in this. (inaudible)
Harward: Can you identify specific projects or programs with parks and
recreation where you're actually listing we'll do this and this soccer field or we'll
do this with this program, this will enable us to serve this many more children.
This will enable us to do this much more for fire protection. And then you start
getting the public safety component in there. Where are you now with your fire
ready (inaudible)
(inaudible discussion)
Harward: You can get mileage out of if you're getting closer Ron and getting into
a 4 then you'll be saving fire premiums far more than the tax dollars.
Anderson: Boise and Nampa's a 3, so I mean that shows that they are behind.
This other station will probably, if we ask for a re-rate after its open probably get
to 4. But the station -
Harward: You can use that. You know and you don't have to stretch the truth but
I'd put it in the material by just this extra nudge and what this allows could very
well put us over the hump into a 4, from a five to a 4 (inaudible).
Corrie: What would a (inaudible) What does that amount to? You said a
150,OOO-dollar home?
Nichols: 150,000 dollar home, (inaudible) approximately (inaudible)
Corrie: So, it (inaudible)
Harward: What is the, right now, so if you have a 150,000 dollar that's where
you're starting at, the value of the home and then you back out whatever the
value of the land is.
(inaudible discussion)
Harward: Right. So, it brings you down to 110. Yeah it's 50 percent or 50
thousand. So, you'd still be taxed at 60 thousand and you add that to the 40.
Right now on a 1 OO,OO-dollar home at your levy (inaudible) that homeowner's
paying about 310 dollars to the City of Meridian. Now 150,000 home to be really
on the tax rolls at that, that's a pretty nice home. (inaudible) So, 310 dollars and if
you go up to .04, you're talking 80 dollars a year. It's 80 to 90 dollars per year.
Meridian City Council Meeting
April 3, 2001
Page 11
(inaudible discussion)
Nichols: I don't know if on the residents (inaudible)
Bird: This is an open state. A lot of insurance companies don't use those rates.
This is the thing that the rural district almost found out that going out and
(inaudible) just about didn't get the mill levy raised up there.
Harward: Because they would probably (inaudible)
Bird: Yeah. Because I called mine.
Anderson: And then the insurance agent may say I'm already quoting you at a
three. But where Ken's correct is commercial people don't do that. I mean if
you're a 5 they quote you at a 5. They don't -
Bird: (inaudible)
Anderson: -- heavier on insurance premiums.
Bird: But they're sprinkling anyway most of them.
(inaudible discussion)
Anderson: One of the disadvantages we're at compared to the other two
cities you talked about, is we're so much larger and there's so many other
taxing districts or jurisdictions out there that want that money because we
haven't been taking our fair share of that, they've jumped in there and
have been taking it from the school districts are taking everything they can
in their share. It's going to be difficult I think for us. I mean it's a
salesmanship job I think is really what its going to take to sell this because
nobody else is going to just back off and let the City of Meridian raise their
mill levy and then (inaudible). They're cutting the taxes just as high as they
can get it.
(inaudible discussion)
Bird: County isn't going to give us any of their 20 percent, ACHD isn't
going to give us any of their 7 percent of our taxes. (inaudible)
Anderson: Too Kenneth when you do those comparisons it's kind of
misleading if people don't understand what all's getting funded out of that
budget and if you use some cities like Garden City and Eagle in that
comparison, they're not funding fire out of that because they're covered by
a separate fire district.
Meridian City Council Meeting
April 3, 2001
Page 12
Harward: I think that the comparisons that you would use for Meridian
would be the larger cities Caldwell, Nampa, Twin Falls, Pocatello
(inaudible) Coeur De Lane. (inaudible) I'm going to show you way down at
the bottom of the pile.
Anderson: You know, comparing Nampa Ken though, Nampa's got their
own highway districts -
Harward: Yeah and that's-
Anderson: -- what percent of their .76 is highway? We need to be able to
answer that question.
Harward: What you'd do, Yeah I was just thinking about that. I think what
you'd do in the footnote of this comparison is show what the Ada Highway
District Levy is and then you could add that back to Meridian's levy -
Bird: And compare. That's good. I think that's the only fair way for people,
opponents not to come back and hit us.
Harward: That's right.
Anderson: But really tell me can you when you're showing things that are
funded out of the general, I mean like your sewer and water, you'd take
that out of there because those are enterprise.
Harward: All we're talking about is that taxes.
Unidentified: Right, he's going to show us the rates.
(inaudible discussion)
Bird: See, the highway district in Nampa is a general fund.
(inaudible discussion)
Harward: Well, there's a street fund in Nampa so there's a street levy. So
if we show here the Ada Highway Districts levy in the footnote and you
added it back and just tack it on to (inaudible).
De Weerd: Ken is there any simple way of really being able to portray how
that cap has really handicapped rapidly growing cities like Meridian. You
know, (inaudible) is not allowed to really pay its way because of that cap.
Is there any way in simple terms to really be able to write that out.
Meridian City Council Meeting
April 3, 2001
Page 13
Harward: I will prepare you sort of a description of what's happened with
property tax policy. Very briefly a summary. (inaudible) But then the House
bill 156 passed and applied 3 percent (inaudible). See, you were already
low. I think we can. I think we can show it graphically.
Anderson: I think this thing Janice did really helped to show that because
you're showing that every year your market values increasing but you're
showing that your mill levy is decreasing. With Ken's expertise and
explaining things I think he could more than come up with a very good
explanation tying that in with the legislation why that's happening and why
that's bad for cities that are having high growth rates like Meridian. It
actually does not allow us to (inaudible) Even though I think that was the
purpose when the legislation was enacted of allowing that new
construction to go at your last year's mill levy rate but it's not adequate to
keep with the high growth rate.
Bird: If they took that 3 percent cap off, we wouldn't be in here talking
about raising our mill levy. We'd have more money.
Nichols: And that could be part of the analysis. If there were no 3 percent
cap, this is what Meridian I guess mill levy rate which was in place at that
time (inaudible) With the (inaudible) you're going to be at x number of
dollars (inaudible) 3 percent cap -
Bird: 3 percent cap. That's right.
Nichols: -- So you're just essentially explaining to people that still your
taxes are a whole lot less (inaudible)
Harward: I think that with that Bill too you need to sort of paint some
picture of desperation. Okay, we've managed to hang on by our
fingernails; here in 2001 we survived. But what are we going to do for
public safety, recreation and park (inaudible) if we don't have something.
(inaudible) Show that it's going to be disastrous down the road. Okay, I'll
prepare that stuff.
Corrie: All right Ken. Any other question? Okay. Thank you Ken. I really
appreciate you coming here and taking your time and we'll look for that
(inaudible)
(inaudible discussion)
Corrie: It's (inaudible) 8 years ago. We knew where it was going and it's
hit the crunch time. Okay. Thank you.
Harward: Thank you.
Meridian City Council Meeting
April 3, 2001
Page 14
(inaudible discussion)
Corrie: Well, lets-
Bird: go in and get started -
(inaudible discussion)
Corrie: Why don't we just make it as we'll go until 10:00 on Public
Hearings and then if 10:00 the last one (inaudible) If that's what you want
to do.
Bird: One's already requested to be-
De Weerd: Yeah.
McCandless: Why don't we time them too and stick to it. If there are
people up there talking -
Bird: Give those developers only 10 or-
De Weerd: It's the developers who need the time.
McCandless: Uh-huh.
Bird: And the public too.
(inaudible discussion)
Bird: Regardless of what we have.
(inaudible discussion)
Anderson: Adjourn?
Corrie: Okay.
De Weerd: I move we adjourn.
Bird: Second.
Corrie: Okay. Motions made and second. All in favor say aye.
MOTION CARRIED: ALL AYES
Meridian City Council Meeting
April 3, 2001
Page 15
Meeting Adjourned at 6:33 PM
(TAPE ON FILE OF THESE PROCEEDINGS)
APPROVED:
tidjl-1f) ~,
Keith Bird, President
D. Findings of Facts and Conclusions of Law for Denial:
CUP 00-053 Request for Conditional Use Permit for a three-story,
87-room hotel in an L-Q zone for proposed Ameritellnn by B & A
Development - Eagle Road and 1-84: Approve
E. Development Agreement: AZ 00-016 Request for annexation
and zoning of 10.19 acres from RT to R-8 for proposed Wilkins
Ranch Village planned-unit development by Steiner Development,
LLC - south of Ustick Road and east of Black Cat Road: Approve
F. Development Agreement: AZ 99-015 Request for annexation
and zoning of 12.801 acres for Tarawood Subdivision by
Michelangelo Investments, LLC - south of Los Alamitos Park and
north of Sherbrooke Hollows: Move to SF
G. Water Main Easement Agreement for Stratford Business Park
(Murdoch Subdivision): Approve
H. Approve minutes of March 13, 2001, City Council Workshop:
Approve
Approve Bills: Approve
4. Department Reports:
A. Public Works Department - Gary Smith
1. Engineering Agreement with CH2M Hill for Water Master
Plan Project: Approve
B. Parks and Recreation Department - Tom Kuntz
2. Agreement with the Land Group, Inc., for Landscape
Architect Services for the 58-Acre Park: Approve
C. Attorneys - Bill Nichols
3. Construction manager contract for Kreizenbeck
Constructors, Inc. for the new law enforcement building:
Approve
5. (Items moved from Consent Agenda)
A. Tabled from February 20, 2001: Findings of Facts and
Conclusions of Law: CUP 99-039 Request for Conditional Use
Meridian City Council Agenda - April 3, 2000
Page 2 of 5
Permit for planned unit development including continuing care
retirement community, single- and multi-family residential and office
and retail use by Touchmark Living Centers - Joseph A. Billig -
east of S1. Luke's between Franklin Road and Interstate 84 (need to
approve Development Agreement and annexation ordinance before
approving CUP Findings of Facts and Conclusions of Law):
Tabled to April 17, 2001, Meeting
F. Development Agreement: AZ. 99-015 Request for annexation
and zoning of 12.801 acres for Tarawood Subdivision by
Michelangelo Investments, LLC - south of Los Alamitos Park and
north of Sherbrooke Hollows: Approve with Amendments
6. Ordinance No. 01~915: AZ 00-016 Request for annexation and zoning
of 10.19 acres from RT to R-8 for proposed Wilkins Ranch Village
planned-unit development by Steiner Development, LLC - south of Ustick
Road and east of Black Cat Road: Approve
7. Ordinance No. 01-916: AZ. 99-015 Request for annexation and zoning
of 12.801 acres for Tarawood Subdivision by Michelangelo Investments,
LLC - south of Los Alamitos Park and north of Sherbrooke Hollows:
Approve
8. Tabled from February 20, 2001: FP 01-002 Final Plat approval of 82 +
2 existing single-family dwelling lots and 6 other lots on 43.33 acres for
Observation Pointe Subdivision by Victory 41, LLC - north of Victory
Road and east of Meridian Road: Tabled to April 17, 2001
9. Continued Public Hearing from March 20, 2001: AZ.-00-021
Request for Annexation and Zoning of 70.72 acres to R-8 for proposed
Sundance Subdivision by G.L Voigt Development - northeast corner of
Ustick and Meridian Roads: Attorney to Prepare Findings of Facts and
Conclusions of Law for Denial
10. Continued Public Hearing from March 20, 2001: PP-00-020
Request for Preliminary Plat approval of 214 single-family lots, 4 future
office lots and 23 common lots on 69.79 acres for proposed Sundance
Subdivision by G.L. Voigt Development - northeast corner of Ustick and
Meridian Roads: Attorney to Prepare Findings of Facts and
Conclusions of Law for Denial
11. Continued Public Hearing from March 20f 2001: AZ 00-027 Request
for annexation and zoning of 5.97 acres from RT to R-4 by Hubble
Engineering for proposed Inglenook Subdivision - east side of Locust
Grove and north of Victory Road: Attorney to Prepare Findings of
Facts and Conclusions of Law for Denial
Meridian City Council Agenda - April 3, 2000
Page 3 of 5
All materials oresented at oublic meetinas shall become OfOOSrtv of the City of Meridian.
12. Continued Public Hearing from March 20, 2001: PP 00-028 Request
for Preliminary Plat approval 21 building lots and 3 other lots on 5.97
acres in a proposed R-4 zone by Hubble Engineering for proposed
Inglenook Subdivision - east side of Locust Grove and north of Victory
Road: Attorney to Prepare Findings of Facts and Conclusions of Law
for Denial
13. Continued Public Hearing from March 20, 2001: CUP 01-001 Request
for a Conditional Use Permit for an office building for O'Neill Homes in an
L-Q zone by Toothman-Orton Engineering Company I Johnson Design -
Franklin Road and Locust Grove Road at 385 South Locust Grove Road:
Attorney to Prepare Findings of Facts and Conclusions of Law for
Approval
14. Continued Public Hearing from March 20, 2001: AZ 01-001 Request
for Annexation and Zoning of 78 acres from R-1 to C-C and C-G by
Larson Architects for proposed Silverstone Corporate Center -
southeast corner of Overland Road and Eagle Road: Attorney to
Prepare Findings of Facts and Conclusions of Law for Approval
15. Continued Public Hearing from March 20, 2001: PP 01-001 Request
for Preliminary Plat approval of 15 building lots and 1 other lot on 78 acres
in proposed C-C and C-G zones for proposed Silverstone Corporate
Center by Larson Architects - southeast corner of Overland Road and
Eagle Road: Attorney to Prepare Findings of Facts and Conclusions
of Law for Approval
16. Continued Public Hearing from March 20, 2001: CUP 01-002 Request
for a Conditional Use Permit for a commercial planned unit development
and floodway approval in proposed C-C and C-G zones for proposed
Silverstone Corporate Center by Larson Architects - southeast corner of
Overland Road and Eagle Road: Attorney to Prepare Findings of
Facts and Conclusions of Law for Approval
17. Public Hearing: AZ 01-002 Request for Annexation and Zoning of
11.764 acres from RT to R-40 and C-G for proposed Locust Grove Place
by B & A Engineers - west side of Locust Grove Road, south of Fairview
Avenue: Attorney to Prepare Findings of Facts and Conclusions of
Law for Approval
18. Public Hearing: PP 01-002 Request for Preliminary Plat approval of
7 building lots and 2 other lots on 11.764 acres in a proposed R-40 and
C-G zone for proposed Locust Grove Place by B & A Engineers - west
side of Locust Grove Road, south of Fairview Avenue: Attorney to
Prepare Findings of Facts and Conclusions of Law for Approval
Meridian City Council Agenda - April 3, 2000
Page 4 ci 5
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's
Offrce at 888-4433 at least 48 hours orior to the Dublic meetino.
19. Public Hearing: CUP 01-003 Request for a Conditional Use Permit
for a 180-unit apartment complex and a planned development in a
proposed R-40 and C-G zone for proposed Locust Grove Place by B & A
Engineers - west side of Locust Grove Road, south of Fairview Avenue:
Attorney to Prepare Findings of Facts and Conclusions of Law for
Approval
20. Public Hearing: PP 01-004 Request for Preliminary Plat approval of
11 building lots and 2 other lots on 20.26 acres in an R-8 zone by J-U-B
Engineers for proposed Murdoch Subdivision No. 2 - east of Locust
Grove Road, south of Medimont NO.2: Continue Public Hearing to
April 17, 2001, Meeting
21. Public Hearing: PP 01-003 Request for Preliminary Plat approval of
23 building lots and 3 other lots on 9.24 acres in an R-4 zone by Hubble
Engineering for proposed Ashford Greens No.6 - Black Cat Road, north
of Cherry Lane: Continue Public Hearing to May 1, 2001 J Meeting
22. FP 01-005 Request for Final Plat approval for 87 building lots and 4 other
lots on 25.27 acres for Autumn Faire Subdivision No.2 by Gem Star
Properties, LLC - south of Ustick and west of Black Cat Roads: Approve
23. TE 01-003 Time Extension on the preliminary and final plat originally
approved on April 14, 2000 for Wilkins Ranch Subdivision by Briggs
Engineering, Inc. . NW % Section 3, T3N, R1W: Approve Extension to
April 14, 2001
24. TE 01.004 Time Extension to sign and record plat originally approved
on April 18, 2000 for Overland Mini Storage by Overland Mini Storage,
LLC -1230 East Overland Road: Approve Extension to April 1, 2002
25. Release and Settlement Agreement with Gary Scheihing and Jeff Lavey:
Approve
Meridian City Council Agenda - April 3, 2000
Page5of5
Meridian City Council Meetina
April 3. 2001
The regularly scheduled meeting of the Meridian City Council was called to order
at 6:40 p.m. on Tuesday, April 3, 2001, by Mayor Robert D. Corrie.
Members Present: Tammy de Weerd, Cherie McCandless, Keith Bird, Ron
Anderson, Mayor Robert Corrie.
Others Present: Gary Smith, Shari Stiles, Bill Gordon, Will Berg.
Corrie: I'll open the City Council regular meeting for Tuesday, April 3, at 6:40
p.m., and we'll have roil-cali, please, City Clerk
Item 1.
Roll-call Attendance:
-X. Tammy de Weerd --1L- Ron Anderson
X Cherie McCandless X Keith Bird
- -X.Mayor Robert Co~
Corrie: Council, before we have the adoption of the agenda, we do have some
requests that Item No. 21, which is the public hearing on the Ashford Greens No.
6, has been requested to be tabled until May 1, 2001. And I believe there is two
requests the attorney has made to have on the Consent agenda Item A and F
taken off and placed on the Item NO.5 just before - right after the department
reports. Okay. Those that are in the public that want to testify, please make sure
you sign in on the sign-up sheets in the back. We do have eight continued public
hearings tonight, and there are four new ones. I'm going to limit the developers
in the pUblic hearings to ten minutes initially, and then rebuttal they'll have five
minutes. They'll have a total of 15 minutes to present the project. Any questions
(inaudible) limit to four minutes. I think we'll be all right and get out of here
before 12:00. We're going to be (inaudible) we'll get through all of the continued
public hearings; we'll see where we are at 10:00, and if we're just finishing up the
continued public hearings, we'll probably do the remaining four as a continuation
until the next Council meeting on the continuations. We don't want to go much
after 10:00 because we'll make sure everybody gets a square deal and we're not
beat. Those are the ground rules for the public hearings.
Item 2.
Adoption of the Agenda:
Item 3.
Consent Agenda:
A. Tabled from February 20, 2001: Findings of Facts and
Conclusions of Law: CUP 99-039 Request for Conditional
Use Permit for planned unit development including
continuing care retirement community, single~ and multi-
family residential and office and retail use by Touchmark
Living Centers - Joseph A. Billig - east of St. Luke's
between Franklin Road and Interstate 84 (need to approve
MeridIan City Council Meeting
April 3, 2001
Page 2
Development Agreement and annexation ordinance before
approving CUP Findings of Facts and Conclusions of Law):
B. Findings of Facts and Conclusions of Law for Approval:
AZ 00-026 Request for annexation and zoning of 5.4 acres
from Ada County RT zone to R-8 for a proposed planned
development for proposed Kodiak Development by Hubble
Engineering - west of Meridian Road one~half mile south of
Overland Road:
C. Findings of Facts and Conclusions of Law for Denial:
VAR 00-019 Request for a variance to exceed maximum
building height of 35 feet and reduce the 3D-foot setback
requirement to 20 feet along the 63 feet of the one-story
section of the building for proposed Ameritel Inn by B & A
Development - Eagle Road north of 1~84:
D. Findings of Facts and Conclusions of Law for Denial:
CUP 00-053 Request for Conditional Use Permit for a three-
story, 87-room hotel in an L-O zone for proposed Ameritel
Inn by B & A Development - Eagle Road and 1-84:
E. Development Agreement: AZ 00-016 Request for
annexation and zoning of 10.19 acres from RT to R-8 for
proposed Wilkins Ranch Village planned-unit development
by Steiner Development, LLC - south of Ustick Road and
east of Black Cat Road:
F. Development Agreement: AZ 99-015 Request for
annexation and zoning of 12.801 acres for Tarawood
Subdivision by Michelangelo Investments, LLC - south of
Los Alamitos Park and north of Sherbrooke Hollows:
G. Water Main Easement Agreement for Stratford Business
Park (Murdoch Subdivision):
H. Approve minutes of March 13, 2001, City Council
Workshop:
Approve Bills:
Corrie: At that point, for the adoption of the agenda, I'll entertain a motion.
Meridian City Council Meeting
April 3, 2001
Page 3
De Weerd: Mr. Mayor, I move that regarding to the Consent Agenda we move A
to 5-A and F on the regular to agenda to 5-8 on the regular agenda and to
approve the Consent Agenda with those changes.
Corrie: Item 21.
Bird: Second.
De Weerd: Well, 21 - will be done-
Corrie: Motion made and seconded to accept the consent agenda by moving A
to 5-A and F to 5-8 and to approve the rest of the consent agenda. Any further
discussion? If none, roll~ca" vote, Mr. Clerk.
Roll-Call: Bird, aye; de Weerd, aye; McCandless, aye; Anderson, aye.
MOTION CARRIED: ALL AYES
Item 4.
Department Reports:
A. Public Works Department - Gary Smith
1. Engineering Agreement with CH2M Hill for Water Master Plan
Project
Corrie: Item 4 is Department Reports, Public Works Department with Gary
Smith, Gary, Engineering Agreement with CH2M Hill for Water Master Plan
Project.
Smith: Thank you, Mr. Mayor, Council members. In your packets is a standard
engineering agreement between CH2M Hill, Boise, Idaho and the City of
Meridian to develop our citywide water master plan. The costs for the project are
broken down into four sections. The first section is the model selection, the
purchase and the conversion of our existing model to the new model. The
second part is the modeling of our system using the new computer model. The
third portion is the devout of the water master plan for our area of impact utilizing
the new computer model. The fourth section on that is the training of personnel
to prait the model. We had six consultants that presented proposals to us for this
work. The six were paired down to three for interviews. We interviewed those
three candidates at their offices reviewing their proposals with their water models
and how they would conduct the update of our water master plan. From those
three interviews at their offices, CH2M Hill was selected. Myself, Brad Watson
and Bruce Freckleton were the interviewing personnel from public works. CH2M
Hill has deleted the Item 6.10, consequential damages, which has been
requested in the past to agreements with consulting engineers. Public Works
Department recommendation to you would be to approve the proposed contract
with CH2M in the amount of $75,823. Do you have any questions I can answer?
Meridian City Council Meeting
April 3, 2001
Page 4
Anderson: I just had a couple of quick ones, Gary. How often do we have to do
a master plan, and the second one was when was our last one done or have we
ever done it?
Smith: Yes, sir. The last one was completed in 1993, and with the fate of
growth, the reason that we took in after this update now is because of our rate of
growth; it's far exceeded projections of that master plan. We needed to get it
updated to reflect where we are in life with our growth and also to better reflect
where we're going to maybe - which I hope will be in a better projection than we
were when we completed the last master plan. CH2M did do that last master
plan for us, also.
Corrie: Any other questions? Okay.
Anderson: Mr. Mayor, I would make a motion then to authorize the Mayor to sign
and the Clerk to attest for the public works department of the City of Meridian to
enter in to an engineering agreement with CH2M to develop our water master
plan project in - not to exceed amount, Gary?
Smith: Yes, sir.
Anderson - not to exceed $75,823.
Bird: Second.
Corrie: Motion made and seconded to approve the engineering agreement by
CH2M Hill for water master plan project. Any further discussion? Hearing none,
all those in favor of the motion say aye.
MOTION CARRIED: ALL AYES
A. Parks and Recreation Department - Tom Kuntz
2. Agreement with the Land Group, Inc., for Landscape
Architect Services for the 58-Acre Park:
Corrie: Tom Kuntz.
Kuntz: Mayor and Council, in your packet last Tuesday which should have been
carried over to tonight was a request to approve a contract with the Land Group
to provide design and specification for Phase I of the 58-acre community park.
That appeared on your desk last Tuesday right before your meeting. It was not
sufficient time for you to look it over. There was an addendum that our City
Attorney didn't have time to look over. Since then, he's had a conversation with
Meridian City Council Meeting
April 3, 2001
Page 5
the Land Group, and there were a couple changes that he might want to address
that we'd like to include in this.
Nichols: Mr. Mayor, members of the Council, Mr. Kuntz, the areas to be
addressed were fairly minor. One had to do with a provision in the contract that
essentially said that if there were any changes in the contract, the owner and the
contractor had to consent. Since the contractor's not even been selected yet and
not a part of the contract, we ask that be stricken, and they've agreed to do that.
The contract also referred to arbitration under the Construction Arbitration Rules
of the American Arbitration Association. And we've found those generally don't
work well on a project of this type or in this area, and so we've asked that they
strike those mandatory arbitration provisions from the agreement, and they've
agreed to those as well. So with those provision taken out, we recommend
approval.
Corrie: Okay. Any further discussion, Council?
De Weerd: Mr. Mayor, I move that we approve the contract with the Land Group
for the contractual amount - is this an amount not to exceed or a flat amount -
for $82,200 for the Mayor to sign and the Clerk to attest.
Bird: Second.
Corrie: Motion made and seconded to approve the agreement of the Land
Group, architect services for the 58-acre park in the amount of $82,200 to include
the changes that were recommended by the Council. Any other discussion?
Okay. All those in favor of the motion say aye.
MOTION CARRIED: ALL AYES
B. Attorneys - Bill Nichols
3. Construction manager contract for Kreizenbeck
Constructors, Inc. for the new law enforcement building:
Corrie: Item C is Bill Nichols for the construction manager.
Nichols: Mayor and members of the Council, the Council's direction and the City
has interviewed and selected a construction manager in connection with the new
law enforcement building, there's a contract which I sent over with a memo. I
haven't heard form Kreizenbeck Constructors with regard to my proposed
language change, but I don't anticipate it be a problem since we got the architect
to agree to the same change in their contract. I would recommend that the
Council approve this agreement subject to the change that I recommended in my
memo of March 30.
Meridian City Council Meeting
April 3, 2001
Page 6
Bird: Article 10 (inaudible)
Nichols: Yes.
Corrie: Okay, any questions of the attorney?
Bird: I have none.
Corrie: Hearing no further discussion, I'll entertain a motion on the construction
manager contract.
Bird: Mr. Mayor, I would move that we enter into a construction manager
agreement with Kreizenbeck Contractors, Boise, Idaho, with the sums as stated
in Item A on-site CM Costs and C the CM fee, and with the revision of Article
10.3 as written by City Attorney and for the Mayor to sign and the Clerk to attest.
McCandless: Second.
Corrie: Motion made and seconded to approve the construction manager
contract for the new law enforcement building in reference to the motion stated
by Mr. Bird. Any further discussion? Hearing none, all those in favor of the
motion say aye.
MOTION CARRIED: ALL AYES
Item 5.
A.
(Items moved from Consent Agenda)
Tabled from February 20, 2001: Findings of Facts and
Conclusions of Law: CUP 99-039 Request for Conditional Use
Permit for planned unit development including continuing care
retirement community, single- and multi-family residential and office
and retail use by Touchmark Living Centers - Joseph A. Billig -
east of St. Luke's between Franklin Road and Interstate 84 (need to
approve Development Agreement and annexation ordinance before
approving CUP Findings of Facts and Conclusions of Law):
Corrie: Item 5HA from the Consent Agenda that was tabled on the Findings of
Facts and Conclusions of Law, Touchmark Living Centers, Joseph A. Billig, east
of St. Luke's between Franklin Road and 1-84. At this point we'll have Mr.
Nichols.
Nichols: Thank you, Mayor, members of the Council. Steve Bradbury's here
representing Touchmark. Just wanted you to know where it is. The detail on the
phasing plan for Touchmark was just provided to the City last Thursday, and
Gary Smith didn't get a copy of that until yesterday, and I don't know if he had a
chance to look at that detail on the phasing plan for Touchmark or not.
Meridian City Council Meeting
April 3, 2001
Page 7
Smith: Mr. Mayor, Council, I did get through part of it, but I didn't get through all
of it today. I can't give you a complete report on their proposed plan.
Nichols: Mr. Mayor, members of the Council, I think the thing to do is to put this
off for another two weeks, give Gary a chance to finish his review of the phasing
plan detail. One of the items is in the original Touchmark application; there was
20 acres, which was anticipated to be sold to 8t. Luke's. That has in fact been
sold to St. Luke's, so we need to approach St. Luke's about modifying or putting
an addendum on their Development Agreement to cover that 20 acres and make
that 20 acres out of the Touchmark Development Agreement. Mr. Bradbury
informs me that St. Luke's is receptive to that approach. The only issue that I
need to discuss with them is the change in the landscape and sign ordinances
and how that would affect the addenda to the Development Agreement for St.
Luke's, but I don't see these as any major obstacles to the (inaudible). We are
moving forward and we are close to the end. We should be in shape to get it
done in two weeks.
De Weerd: Mr. Nichols, the stub to the west, was that addressed?
Nichols: Councilwoman de Weerd. the developer, Touchmark, has an
agreement with ACHD which calls for that stub street to Montvue to be put in, 1
think, within 18 months of pulling the first building permit. That's their agreement
with ACHD. It would not be built in the first phase, but would be built within 18
months of taking the first building permit on any structure in the development. So
that's where it's at in their phasing plan.
Anderson: Mr. Mayor, I guess that is one point that I would like to check out a
little better. Bill, because on here on Page 3-4 of this agreement it says that
Street B is in Phase II, and it wouldn't start until the summer of 2003, and would
not be completed until 2007. I think if Street B which is the one that we're talking
about is going to take that long, I'm not happy with that. I think that needs to
happen sooner than that, and that's why I wanted that included in Phase I.
Corrie: Any further questions or discussion? Hearing none, I'll entertain a
motion to table that to the 17th of April.
Bird: Mr. Mayor, I move that we table the Findings of Facts and Conclusions of
Law for Touchmark Living Centers, Joseph A. Billig, until April 17 , 2001.
McCandless: Second.
Corrie: Motion made and seconded to table the Touchmark Living Centers, the
Findings of Fact and Conclusions of Law until April 17, 2001. Any further
discussion? Hearing none, all those in favor of the motion say aye.
Meridian City Council Meeting
April 3, 2001
Page 8
MOTION CARRIED: ALL AYES
F. Development Agreement: AZ 99-015 Request for annexation and
zoning of 12.801 acres for Tarawood Subdivision by
Michelangelo Investments, LLC - south of Los Alamitos Park and
north of Sherbrooke Hollows:
Corrie: Next, Item F, Development Agreement for annexation and zoning of
12.801 acres for Tarawood Subdivision by Michelangelo Investments, LLC, south
of Los Alamitos Park and north of Sherbrooke Hollows. I believe that was
requested by the attorney, so, Mr. Nichols.
Nichols: Mr. Mayor, members of the Council, the reason I asked that this be
pulled off is so we have a chance to discuss it. This project was originally
approved in 1999. The Development Agreement didn't get signed, and I don't
know - the developer represents to me that he didn't get it for a very long time.
Mr. Stopello is here, and he can elaborate on that if he would. At any rate, this
has to be - in the usual course of things, this is done before a final plat is
approved and so on before the annexation occurs. Well, we've got a
development that is almost ready to be built, and Mr. Stopello revised Paragraph
5.1.12 reflecting a common lot along the drain which is different than the
language that was in the original Development Agreement. Because it was a
change that had not been approved by the Council, if the language Mr. Stopello
has proposed is to be approved, it should be approved by a vote of the Council,
and that's why I asked that it be covered that way. I think Ms. Stiles has some
comments, and I know Mr. Stopello does.
Stiles: Mr. Mayor, Council, I'm not sure if you have all the different versions of
this that have-
Corrie: I don't think so. I got the one -
Stiles: The original Development Agreement provided for a common lot to be
owned and maintained by the Homeowners Association along the southern
boundary of the subdivision along Nine Mile Drain to the Ridenbaugh Canal
which common lot shall be of sufficient width as required by staff with pedestrian
access use. The proposal by Mr. Stopello, he has gone the rounds with Nampa
Meridian on some of his issues in that development. The way it's rewritten, a lot
of that information is already on the plat or a form of the language is on the plat.
I'm not sure that needs to be worded this way to go into the Development
Agreement. One thing that had concerned us was that it had been rewritten to
say that the lots are to be left in a natural state and maintained by the Nampa
Meridian Irrigation District. As we know, that's not really acceptable when you
have a house that backs up to it. I don't know what Mr. Stopello will think, and he
can get up and say what his issues are. I would like the wording to remain as it
is in the original Development Agreement. That the applicant is to provide for a
common lot to be owned and maintained by the Homeowners Association along
Meridian City Council Meeting
April 3, 2001
Page 9
the southern boundary of this subdivision from Nine Mile Drain to - instead of the
Ridenbaugh Canal which would be approximately - this is where it comes out of
Sherbrooke Village, this is - all of this area in here is the Tarawood Subdivision.
This access, this is South Grimes Creek enters into the subdivision and then
there's a 20-foot easement for a ways down to where a pedestrian walkway is in
Sherbrooke Village. Then it narrows to 10 feet, and the whole point we had
approved the subdivision was this would be a 10-foot wide pathway that would
eventually connect to the pump house for Sherbrooke Village that's
approximately in this location. Because of the issues with the safety that were
raised by Nampa Meridian Irrigation District, we would be willing to remove the
reference to the Ridenbaugh Canal. But I still think the intent was there would be
a pedestrian walkway all the way along the southern boundary here, and I still
think the 5.1.12 as it was written meets the intent of what we had approved and
what was in the Findings of Fact and Conclusions of Law. I would suggest that
that remain as it is with the change from the changing the Ridenbaugh Canal to
the eastern most common lot in Sherbrooke Village. I hadn't talked about that
proposal with Me Stopello before, but maybe he can address if maybe that would
be acceptable like - My proposal would be to leave it as it was originally written
with the exception that it would be owned and maintained by the Homeowners
Association. I will just read it entirely as I would ask it to be agreed to: 5.1.12:
Application to provide for a common lot to be owned and maintained by the
Homeowners Association along the southern boundary of the subdivision from
Nine Mile Drain to the eastern-most common lot in Sherbrooke Village which
common lot shall be of sufficient width as required by staff for pedestrian access
use. I don't know if that's acceptable or if that helps Mr. Stopello any way with
the issues that he had with the way that it's written. Like I say, as it's been
rewritten, most of that is contained in the plat. I was a little concerned about his
proposal, the very last sentence, the future use as a pedestrian access lot in the
event all interested parties agree in writing to the pedestrian use, and that may
be impossible to ever get - it would be our hope that someday it could be public
if it was considered feasible by the Pathway Committee and the City Council.
But if you're including all interested parties in some kind of an agreement, that
could be every individual lot owner within a subdivision plus Nampa Meridian
Irrigation District plus whoever else is involved in that Nine Mile drain. Mr.
Stopello could speak on what his issues are. I appreciate it. Thanks. Any
questions?
Corrie: Mr. Stopello.
Stopello: While she's (inaudible), I won't take a lot of time. My name is Frank
Stopello; I'm the owner of Tarawood. Basically, I had to go back - subdivision is
almost built. It's not going to be built. The streets have been compacted; the
sidewalks have been compacted. Tomorrow the curb, gutter and sidewalks are
going to be in. The fence has been manufactured and will be installed in the
latter part of this week. It's wrought iron. The paving people will be back as soon
as the curb and gutters are put in. I was kind of surprised because the plat is
Meridian City Council Meeting
April 3, 2001
Page 10
before Mr. Smith, Gary Smith, for final approval to be recorded, and I was notified
about 10 days ago that the Development Agreement had not been prepared or
sent to my engineers or myself. As a consequence, the approval of the
annexation and zoning which was done on October 5th did not get completed
because of the Development Agreement. A Development Agreement was sent
over to me, and I immediately went through it, and the only thing that I noted that
should be more or less changed was this section that Shari had referred to.
What I did was I took and substituted Note 11 of the plat, the final plat that's been
approved by this Council, and that final plat note reflects a lot of negotiations and
agreements since October 5, 1999. What happened was it was set for
September 21st for annexation and zoning and preliminary plat approval. The
preliminary plat, I have a copy of it right here, I guess I'll have to hold it up. I'm
going to show you the one that's now the final plat. I'll have to hold it up. This is
the access into Sherbrooke Hollows. The access or the Nampa Meridian 3D-foot
eas3ement for the Nine Mile Drain started here and went up the (inaudible). The
reason it started there, my engineers when they did the preliminary plat was,
Sherbrooke Hollows had moved the Nine-Mile Drain. It used to go right down
here. All my drain water went in there from irrigation. They tiled (inaudible)
Corps of Engineers allowed them to tile it. This was still the access and part of
the Nine Mile Drain. On the preliminary plat it had never been included. When
October 5th took about, you folks approved the annexation and zonin~, denied
my preliminary plat. There is a reconsideration in between October Sf and the
reconsideration. I apologize, that should have been some time in November. I
met with Shari and (inaudible) direction of the Council, and we extended this a
10-foot, made this part of this lot which is the easement for the Nine-Mile Drain
all the way up right to the pump house. That is the 10-foot walkway for the future
walkway. Now, the final plat was approved May 16th with this Note 11 in, and I
looked down at all of the negotiating we've done, and this whole language going
back to September was out of date based on the agreements. Now, Note 11
isn't a really more-or-Iess in detail with what J was told to do, what I agreed to do
with Shari, and it was approved by you on May 16th. It basically described that
this is a lot. This whole thing is a lot, and I'll just paraphrase, when I looked at
these, I said, well, if Note 11 on the plat and this might not be the final plat, has
been approved by the Council and through negotiation with Shari, what am I
doing signing a Development Agreement in March of 2001 that should have been
signed in October that now has been changed? So I wrote the letter. I'm not
trying to play games with the Council or shirk my responsibility, but I wanted it
right. What happens if you go through a year or so of negotiating and trying to
get this thing down, the plat is approved with Note 11 and then you sign a
Development Agreement that's got (inaudible) language in? Does that mean all
that work goes out the window? Now, let me paraphrase Note 11. I have it here.
Alii did, and I wrote the letter to Shari and Mr. Nichols got a copy, and I said, you
know, since that time there's been these changes. I'll paraphrase Note 11, which
I made 5.1.12: Lot 1, Block 3, right here, and I will just refer to this lot is an open-
space lot to be owned by the Tarawood Homeowners Association or its assigns.
That's exactly what the old one says. Owned by the Homeowners Association.
Meridian City Council Meeting
April 3, 2001
Page 11
Not only is that owned by it, so is this lot which is the Nine Mile going past - this
is now called Grimes Street, and there is also a lot for the Ridenbaugh Canal. It
says that this particular lot that Shari's talking about is used as a drainage lot and
is covered by a blanket easement in favor of the Nampa Meridian Irrigation
District in favor of the Nine-Mile Drain. Now, that's very important. I don't want
the homeowners to assume the maintenance of that very deep Nine-Mile Drain
nor do I want them to assume the maintenance of the Nine-Mile Canal. The only
maintenance that needs to be done there is what the Nampa Meridian Irrigation
District does. It also goes on and says that the lots are to be left in a natural
state and maintained by Nampa Meridian Irrigation District. Their future use may
be used as pedestrian access lots in the event all are interested parties agreeing
to the pedestrian use. The Nine-Mile Drain is wetlands. The Corps of Engineers
controls that. There are all kinds of wildlife in there. You can go down there right
now. The redwing blackbirds are just prolific. You can't even hear yourself talk.
There's other subdivision each side that if they want to have access along there,
there should be some mutual agreement. There is also, City of Meridian is going
to have to pass ordinances having a pOlice power on that particular path because
If you have people just running up there all nights and hours of the nights without
any police protection, you've got a lot of problems. So that was brought up in
some of these hearings. Up here I'm required at the last Council meeting to give
an alternate easement in the event this gentleman doesn't continue the Nine Mile
Drain, and it also refers to a future agreement for pedestrian use. What I'm trying
to say is, all I did was put Note 11 which was approved by the Council on May
16,2000, because it looked to me like this is older language. Shari has already
said, and I agreed with it in October when I met with her and made these
agreements, that Ten Mile - 1 Q-foot future pathway is only to go right up before
the pump house. When that is a pathway, all you've got to do is take out two 8-
foot sections of chain-link fence, and you're right in the Sherbrooke Hollows
pathway. I've done everything in Note 11. I wasn't trying to cause a bunch of
grief. I wasn't trying to hurt myself, nor was I trying to go back and (inaudible)
agreed to do. Everything in 5.1.12 that I substituted for Note 11 is the way the
original one is except I clarified that the homeowners aren't going to maintain the
Nine Mile Drain or the Ridenbaugh Canal. There's nothing to maintain in there
because it is a natural area. This particular note was approved. If you want to
go back to the old language, it almost looks like we didn't do anything in finalizing
the plat and making the agreements, which is Note 11. I'm here to - I tell you, I
sure would like to get my (inaudible) and be annexed and rezoned, but if there's
any question or anything else anybody would like to ask me, I would be happy to
answer anything I can.
Anderson: I have a question. Every time I hear you talk I get more confused. All
you want to do is insert the language from 11 to 12 if I was to summarize what
you talked about for the last 10 minutes.
Stopello: Yes, sir. I might summarize there's a little if any difference other than
this old language talked about us maintaining the Nine-Mile Drain; that can't be.
Meridian City Council Meeting
April 3, 2001
Page 12
That's Nampa Meridian's to do. I didn't want to bind the future Homeowners
Association. That's really the only change in here because the plat and Note 11
are more detailed language of the original language.
Corrie: Any questions of Council or Counsel?
Nichols: Mr. Mayor, members of the Council, just to point out the maintenance of
the common lot is a specific item, I think, in the Note 11 and the proposed
Development Agreement language. As I read the language, Mr. Stopello is
asking for, it's "the" lots which mean the common lots are to be left in a natural
state. Then they're to be maintained by the Nampa Meridian Irrigation District, so
it would remove any maintenance work responsibility by the Homeowners
Association by these common lots. Am I correct, Mr. Stopello?
Stopello: Yes, sir, and if there's some maintenance that you can think of that we
should do, I'd be glad to discuss that. Yong that there is any maintenance.
Those things have been there forever. You don't really do anything to them other
than clean them out. I can't imagine what has to be done on the Ridenbaugh
Canal that's a road, a concrete canal. If there is some maintenance that you'd
like the homeowners to do, we'd be glad to do it as long as it's differentiated from
Nampa Meridian's required duty to maintain those large bodies of water and
drainage.
Anderson: Are we talking about maintenance on both the Ridenbaugh and the
Nine Mile or just Ridenbaugh?
Nichols: It's both, Councilman Anderson. I think the issue is not so much the
maintenance as the ditch itself, but the tops of the banks is what is the issue, not
the - anybody anticipated that Nampa Meridian would never, ever agree to a
Homeowners Association ever taking anything out of their ditch.
Anderson: So we're mainly talking about the weeds in the 10-foot easement
along the side of it.
Stopello: We don't have any problem with that as long as we're not getting into
any kind of Nampa Meridian's maintenance.
Corrie: (inaudible) wouldn't allow it anyway. Thank you, Mr. Stopello.
Nichols: Mayor, members of the Council, perhaps I could suggest a compromise
that might take care of it. If we were to use Shari's suggested language and add
to it an additional provision that said that in this particular provision is construed
to require the Homeowners Association to perform any maintenance otherwise
run by the Nampa Meridian Irrigation District, it would seem to (inaudible) those
two responsibilities so that the weeds on the top of the bank, the Homeowners
Association has to keep those knocked down if they get out of hand, but the
Meridian City Council Meeting
April 3, 2001
Page 13
ditch-cleaning and that sort of thing is done by the Nampa Meridian Irrigation
District. With Shari's language, it wouldn't refer to the Ridenbaugh; it would go to
the easternwmost of Sherbrooke Hollows.
Stopello: (inaudible) I'm sorry. Sir, it would be from the southern entrance right-
I've got it right here. Sorry. It would be; by the way, this is 30 feet because the
Nine-Mile is so wide. It'd be the 10-foot section, then?
Nichols: Mr. Stopello, the way this language would word the way I'm suggesting
is applicant to provide for a common lot to be owned and maintained by the
Homeowners Association along the southern boundary of the subdivision from
Nine Mile Drain to the eastern-most common lot in Sherbrooke Hollows which
common lot shall be of sufficient width as required by staff for pedestrian access
use, and width is already determined anyway.
Stopello: Ten feet, yes.
Nichols: Provided, however, that this provision shall not be construed to require
the Homeowners Association to provide any ditch maintenance otherwise
provided by Nampa Meridian Irrigation District.
Corrie: You want to leave that last sentence in, favor of use by pedestrian
access lots in the event of interested parties agree in writing to pedestrian use?
Nichols: No, Mr. Mayor and members of the Council, it would be just as
dictated it.
Corrie: Okay. I agree there, then. All right.
Stopello: I had one last question, Mr. Nichols, if I may. Is the Final Plat okay that
has been approved by everybody except - is note 11 still all right then?
Nichols: Mr. Stopello, I would say note 11 is a - I would prefer that it be
differently, but if you already have everyone else's signature on the plat besides
Mr. Smith's I can see where there is a conflict there. Where are you at on the
Final Plat Mr. Stopello?
Smith: Mr. Mayor and Members of Council and Mr. Nichols I am just in the
process of reviewing it right now. I am going through the file and reviewing the
plat.
Nichols: Would it be difficult to change that note 11 to match this new language
that we are suggesting Mr. Stopello?
Stopello: If note 11 has been approved possibly what we could do is add part of
the sentence or what you say.
Meridian City Council Meeting
April 3, 2001
Page 14
Nichols: Okay, I bet we can work it out.
Stopello: We can add to it. That would be fine.
Corrie: With that in mind, I will entertain a motion to do the Development
Agreement with the suggestions of counselor to be the verbiage that he stated.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move that we approve the Development Agreement for the request of
annexation and zoning of 12.801 acres for Tarawood Subdivision by
Michelangelo Investments, LLC with section 5-1-12 as stated by the city attorney.
De Weerd: Second.
Corrie: Motion been made to approve the Development Agreement in AZ 99-
015. Approved with the changes in 5.1.12, changes made by the City of Meridian
attorney. Any further discussion? Hearing none, a roll caU vote Mr. Berg.
Roll-call: De Weerd, aye; Anderson, aye; McCandless, aye; Bird, aye.
Corrie: All ayes, motion is carried.
Item 6.
Ordinance No. 01-915: AZ 00-016 Request for annexation and
zoning of 10.19 acres from RT to R-8 for proposed Wilkins Ranch
Village planned-unit development by Steiner Development, LLC -
south of Ustick Road and east of Black Cat Road:
Corrie: The Ordinance Number would be?
Berg: 01-915.
Corrie: It is Ordinance No. 01-915. Will the City Clerk read it by title only.
Berg: Thank you Mr. Mayor and Members of Council, Ordinance No. 01~915 an
Ordinance finding that certain land to be known as Wilkins Ranch Village
Subdivision 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 that said land be annexed to the City of
Meridian and zoning designated medium density residential district R8 in
declaring that said land by proper legal description is described below be a part
of the City of Meridian, County of Ada, State of Idaho repealing all Ordinances,
resolutions, orders, or parts there of in conflict herewith, and directing the city
Meridian City Council Meeting
April 3, 2001
Page 15
engineer to add said property official maps of the City of Meridian, Idaho, and
directing the City 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 Section 50-223 and Section 63-2215.
Corrie: You have heard the reading of Ordinance No. 01-915. Is there one in the
audience who would like to have the entire Ordinance read by the City Clerk?
Hearing none, I will put you on the spot this time. If not I will entertain a motion of
the fore Ordinance.
De Weerd: Mr. Mayor.
Corrie: Mrs. de Weerd.
De Weerd: I move that approve Ordinance No. 01-915, request for annexation
and zoning of 10.19 acres from RT to R-8 for the proposed Wilkins Ranch
***End of side one***
De Weerd: -- for the Mayor to sign and the Clerk to attest.
Bird: Second.
Corrie: Motion made and seconded to approve Ordinance No. 01-915 and the
Mayor to sign and the Clerk to attest with suspension of rules. Any other
comments, discussion? Roll call vote Mr. Clerk.
Roll-call: De Weerd, aye; Anderson, aye; McCandless, aye; Bird, aye.
Borup: All ayes, motion approved.
Item 7.
Ordinance No. ~: AZ 99-015 Request for annexation and
zoning of 12.801 acres for Tarawood Subdivision by
Michelangelo Investments, LLC - south of Los Alamitos Park and
north of Sherbrooke Hollows:
Corrie: City Clerk please read Ordinance No. 01-916 by title only please.
Berg: Thank you Mr. Mayor and Members of Council, Ordinance No. 01-916 an
Ordinance finding that certain land to be known as Tarawood Subdivision lies
contiguous or adjacent to the city limits of the City of Meridian, County of Ada,
State of Idaho, and finding that 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 low density residential district R-4 and declaring that said land
by proper legal description as described below be a part of the City of Meridian,
Meridian City Council Meeting
April 3, 2001
Page 16
County of Ada, State of Idaho, repealing all Ordinances, resolutions, orders, or
parts thereof in conflict here with and directing the city engineer to add said
property to the official maps of the City of Meridian, Idaho and directing the City
Clerk of the City of Meridian to file 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 Section 50-223 and Section 63-2215.
Corrie: You have heard the reading of Ordinance No. 01-916. Does anyone
from the audience want to hear the Ordinance read in its entirety? Hearing none,
I will entertain a motion then for Ordinance No. 01-916.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move that approve Ordinance No. 01-916, request for annexation and
zoning of 12.801 acres by Tarawood Subdivision by Michelangelo Investments,
and for the Mayor to sign and Clerk to attest with a suspension of rules.
De Weerd: Second.
Corrie: Motion made and seconded to approve Ordinance No. 01-916 with
suspension of rules. Any further discussion? Hearing none, Mr. Clerk a roll call
vote.
Roll-call: De Weerd, aye; Anderson, aye; McCandless, aye; Bird, aye.
Corrie: All ayes, motion is carried.
Item 8.
Tabled from February 20, 2001: FP 01-002 Final Plat approval of
82 + 2 existing single-family dwelling lots and 6 other lots on 43.33
acres for Observation Pointe Subdivision by Victory 41, LLC -
north of Victory Road and east of Meridian Road:
Corrie: Staff any comments on the Final Plat?
Stiles: Mr. Mayor and Members of Council, the Final Plat was continued last
time. We had hot had a chance to review the application and prepare comments.
We have now submitted the commits that are dated March 28, 2001, which are in
your packets. We have discussed most of the items with the applicant. Some
have them have been addressed. Some of them remain to be addressed tonight.
The property is located immediately south of Meridian Greens. It is north of
Victory Road, and the Kennedy Lateral runs along approximately in this location.
The original Final Plat that was submitted showed all of this area that was
annexed as part of the plat. Since that time Ada County Highway District has
Meridian City Council Meeting
April 3, 2001
Page 17
indicated that they would not be allowed access on Victory Road. And if they
included that as part of the plat, we still maintain that they can include that as
part of the plat and enter into a non-development agreement to allow the existing
configuration. Another item that was discussed last time was the choker that was
approved with the original Preliminary Plat. The configuration that was finally
approved by the Planning and Zoning and the Council was to have this little
median in the middle of the road. This would be where Meridian Greens is
currently, and it was an attempt to kind of slow down any cut through traffic that
might occur. What Ada County Highway District has proposed is that they have a
narrowing of the street there, but they do not like to have the landscape median
within the roadway at that location. They did not feel that it was safe. As for the
removal of the Kennedy Lateral, the entire Kennedy Lateral was removed from
the latest submittal, and also this entire area here. There is one existing home on
the lot. Our concern was that if they did not have that platted that if they had any
need for repairs or to have any kind of a building permit then we would not be
able to issue any building permits because it is an illegal lot. Also, under
discussion was the 20ft-landscape strip along the western boundary because
there is an existing gravel pit that a portion of it is in the process of being
reclaimed. The developer had offered a compromise that they would designate a
20ft-landscape setback on the westerly boundary. Also, that they would include
in their covenants that as each home was built that each individual landowner
would be required to plant two trees in their backyard within that 20ft planting
strip. What we would ask is that the developer be responsible for planting that
prior to completing being able to apply for building permits on the remainder of
the property for a total 22-inch caliper trees prior to obtaining building permits.
The problem was that we did not enforce the CCNRs. I do not have the minutes
from the last meeting so I do not recall what happened as far as the
Development Agreement, whether the Council agreed to his proposal to put that
in as CCNRs or not. He had proposed an addendum. I know that one was written
by Mr. Nichols and perhaps he has a record of that, but without the minutes I do
not recall what had happened as far as that proposed addendum. They did
explain the reason for the change in the lots in this location. They have
reoriented the lots to take better advantage of the views to both the north and
south, and it did cause a shifting of some of the lots and made this slightly
smaller different lots, but that had explained that sufficiently. They had submitted
a new plat tonight attempting to address some our concerns. There are still
issues on the plat that need to be addressed; however, we feel that we could
work those out with the applicant. The major issues are whether they will be
required to plat this area to the south, and they can enter into a non-development
Agreement with Ada County Highway District and the City. We do believe at a
minimum that they do need to include the entire Kennedy Lateral that was shown
as open space in their original proposal. They had proposed some landscaping
along there. So the issues that remain would be the disposition of this area,
whether it is going to be platted, whether it will be each individual lot owner that
will be required to plant the trees and buffer in this landscape setback. This
choker configuration, it does not appear to be shown on this. And those are really
Meridian City Council Meeting
April 3, 2001
Page 18
I think the only items of contention at this point unless the applicant has some
other concerns.
Corrie: Is the applicant here this evening? Okay, go ahead.
Caven: Mr. Mayor and Members of Council, my name is Mike Caven, 6874
Fairview in Boise. I want to give you a small plat to look at that while we are
going. If you have a copy of the staff report in front of you, I would like to just real
quick go through it and discuss anything that was there. Number one talks about
the Kennedy Lateral that Shari was talking about. The reason that that has been
moved is because about 30 days I went out there and against my direction the
Nampa Meridian Irrigation District has cut down all of the trees on the north side
of the Kennedy Lateral and installed a new gravel road. I am not real happy
about that, so that is why we have taken and moved the easement to the edge of
their gravel road now, and we will landscape up to that road. The other change
was on Number two that talks about that un-platted are in the bottom. We can go
through the process of putting it in a plat and doing two non-build agreements.
We would be fair to keep it un-platted and sometime in the future come back in at
an appropriate time when the sewer from the Black Cat that is supposed to serve
this property is there, and maybe that property makes a good childcare facility, a
good family doctor, or something like that in the future. We would just like to keep
it a separate piece from the plat at this point. We know the risk to us is an illegal
lot split, which simply means that we cannot get a permit to build on there. We
are willing to take that responsibility for that. Number three talks about the 20ft-
landscape buffer along the east edge. We did add a Development Agreement
that Wayne had put together and I had signed it. I do not remember the exact
language in there, but what Shari has submitted here in her comments, add a
20ft wide landscape easement along the westerly boundary lots and provide 22
caliper trees prior to obtaining building permits. And I would like to see that
changed to prior to obtaining occupancy permits on the subject lots. When it says
building permits that could mean any of the lots throughout the entire subdivision.
This would insure that the builder or the landowner could situate their house.
Those are view lots going to the west. They could situation their house, see their
view corridors, and place the trees in the appropriate place rather than having me
before hand just go out and put trees in wherever. We would like to tie that into
obtaining the occupancy permit if that works. Also, being in the Development
Agreement the city can enforce that if they trees do not go in and they are
required in the Development Agreement, you can shut the subdivision down. So
you have a way to reprimand that and make sure that it does happen. Number
four, 4.8, we increase the 1400 square foot minimums to 2100 square foot
minimums, that will show on the face of the plat, so we have done that. Number
11 is acceptable. Number 13, we have gone ahead and deleted, 13 on the face
of the map which talked about removing storm drains that were on some of the
lots, easements for ACHD. We have removed those and the storm drains will be
in the road right-of-way completely. Number 5 we will comply with, and that talks
about irrigation easements in-between lots where the pressurized irrigation
Meridian City Council Meeting
April 3, 2001
Page 19
comes across the streets that we put in 10ft easements along those sides, and
we have done that. Number 6 we accept. That is talking about the pressurized
irrigation, and we have met with Bruce and have accepted that. Number 7 talks
about the existing home on lot 4, block 5. That is the original homestead, Mr.
Peterson's home, and it talks about it hooking up to sewer and water. We agreed
to that. However, later in the general comments it talks about all domestic wells
and septics, and I believe the staff and the council had approved the house on
the un-platted portion being about to maintain its well and septic. That is later in
the general comments. We would like to keep that if possible. Number 8 is fine. It
says provide two revised copies of seats two and three, We have no problem
with that. Number 9 talks about our landscape plan. We have hired Tom South
with South Landscaping. Back in September, October, and November, we
worked with Mr. Siddoway on developing a plan, and we had completed the plan
accordingly. I will let you look at it real quick, but it is quite extensive. The
requirement of the staff indicates that we would bring it up to the new Landscape
Ordinance. This was designed at the time of the old Landscape Ordinance, and I
am not saying that this would not meet your new Ordinance; I do not know if it
would meet your new Landscape Ordinance or not. But I did not want to take the
chance of all of the sudden it says 10% open space, and I have 5% then I have
to redesign the whole subdivision. The date on this map was November, and like
I said we went through it with Steve 5iddoway and resolved any issues that he
had at that time. 50 on Number 9 I would prefer that this does not go back to the
new Ordinance but that it would pertain to the old. Like I said the number of trees
and so forth meets the new Ordinance. It is the open space and some of those
other issues that I am not sure if it does or not, but I would not want to open that
up to that. Number 10 talks about talking about any revisions to the Preliminary
Plat. That was approved and the plat you have now I think I have addressed all
of those. I guess the only other one was what Shari was saying. We directed the
lots on the top of the hill to direct more towards Shaffer Butte, so we did make
that change. Number 6 on general comments is the one that was talking about
keeping the well and septic on the older home down by Victory. 7, 8, 9, and 10
are okay. We comply with No. 11; it talks about the pressurized irrigation, We are
going to maintain that. The Homeowners Association will maintain that. We are
not going to turn it over to the Nampa Meridian Irrigation District, and we will
submit the appropriate operation manuals and maintenance for that. 12, 13, and
14 we comply with. So if there are any questions I would be happy to answer
them.
Corrie: What about the choker?
Caven: The choker is fine. That would be along as the city is happy and ACHD I
will do what needs to be done there.
Corrie: Okay. Council questions?
Bird: I have none.
Meridian City Council Meeting
April 3, 2001
Page 20
Corrie: Thank you.
Caven: Thank you. All right any other questions of staff? Hearing none, are there
questions for Final Plat approval on Observation Pointe Subdivision?
Anderson: Mr. Mayor.
Corrie: Mr. Anderson.
Anderson: I guess just kind of a point of procedure, and maybe it is just
because the applicant is not familiar, but it is very difficult when you come up
here with the staff report, and then just read through these and you have a lot of
exceptions as to what the staff report is. I do not feel comfortable voting on
something because I cannot take notes as fast as you are verbalizing the things
that you have conflicts with. I guess I would like to see something that was in
writing that said we take exception to these specific comments so that we could
have a chance to review that prior to coming into the meeting so that we can look
specifically and see if there is merit to those, and then ask the applicant
questions as far as reasoning at that time. I feel like there are quite a few things
that he has exception to as compared to what he staff report say, and I am sure
exactly whether I agree with all of those at this point.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I also would like to see it in writing. I am like Ron, I cannot take notes fast
as the applicant was talking and whether we agree with this view or not. I would
like to see it in writing, but I also have a question, this application summary was
turned in March 3D, 2001, which was last Friday. When was this sent to
applicant?
Stiles: March 30, 2001.
Bird: March 30, 2001. We send it to him the day we have to have the stuff in for
the packets. We are not being fair to the applicant because he has no time to get
it back by March 30, 2001, which was the shut off day for this Council meeting.
Corrie: That is a good point.
Bird: When was this Final Plat - this is a tabled one from a week ago, when did
your staff come up with these specific comments on March 28, 2001? Or is that
just when you... I do not know if the applicant has even had a chance to put in
writing his agreements.
Meridian City Council Meeting
April 3, 2001
Page 21
Corrie: When did you get this?
Caven: I saw it Monday.
Corrie: This Monday, yesterday.
Bird: This is not right. This was either at the first of March or the end of February.
And that is what we were waiting for the staff comments at that point.
De Weerd: Mr. Mayor.
Corrie: Mrs. de Weerd.
De Weerd: It seems like the only issues that are really something that needs to
be discussed with the western boundary of the buffer with the two trees per lot.
The un-platted area not being included and what the ramifications are of having
that constitute an illegal split, and I guess I would leave that up to the city
attorney. The choker of South Andros and then something that he also brought
up was in the staff comments the existing home on lot 4, block 5 is being asked
to hook up. I believe I remember in discussions that that was going to be allowed
to wait until the Black Cat Trunk went through, but I do not know.
Borup: We are talking about the house down here. The Peterson's house is up
there and that was going to be hooked up.
De Weerd: And what comment is that? Is that in the comments?
Bird: Yes.
De Weerd: Okay.
Anderson: But if we agree to exclude that piece of property of this plat then that
would not be applicable anyway, would it?
Bird: No.
De Weerd: I guess I would have no problem with prior to occupancy permits for
the trees and the landscaping, but I guess the question is still yet to be
answered. If we leave that far southwest corner un-platted, are we doing
something against the city Ordinance?
Nichols: Mr. Mayor and Members of Council, as I recall the Preliminary Plat was
shown as a separate lot, and it was identified as an unbuildable lot because of
the lack of the Black Cat Trunk. That there was a provision that - that was one of
the main provisions why the septic and well was allowed to stay on that particular
lot. It may not be a problem with Mr. Cavens now, but what typically happens
Meridian City Council Meeting
April 3, 2001
Page 22
down the road is it is treated like a record of survey split. And some point down
the road somebody sells the lot and somebody comes in to get a building permit
and they cannot get one or maybe one is issued by mistake, and then they find
out that there is no sewer. I suppose we could amend the Development
Agreement yet again, and specify that this particular area is un buildable and
nothing can be done on it without a separate application to the city and the
existence of sewer and maybe do it that way. But generally if the whole property
comes in, we want it all seen on the plat.
De Weerd: Does that answer the question for you Shari and Mr. Cavens? Is that
a viable compromise?
Stiles: What is the compromise? To include it in the plat or not include it in the
plat?
De Weerd: What the city attorney just said to constitute it unbuildable that they
would have to come through with a separate application once there are services
to it.
Stiles: That is how it was originally approved in the Preliminary Plat stage. It
was a lot, and it was shown as a non-buildable lot. What has happened is they
submitted this Final Plat application with it shown as a lot. The Final Plat
application showed this as a lot, and then probably just before the 20th, which is
when this came up again, when it came back before the Council and when we
did not have our comments done. We had received a revised Final Plat the
Friday before taking this out.
De Weerd: Well, I think I would join Ron's comment then and let staff work this
out with the applicant and have a definite answer then come back.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I agree also, but I want to see the applicant's objections or agreements in
writing too.
De Weerd: With anything that you contest on these comments. I do not think he
falls under the new landscaping plan because this was long before we passed
that.
Stiles: The landscape plan we have in our application, they were supposed to
submit with the Final Plat application their plan for review and approval. Never
before had one even been reviewed. The one we have in our application in our
file is dated December 13, 2000. And he worked with Steve S;ddoway and he
was well aware of what the Landscape Ordinance required. I do not think there is
Meridian City Council Meeting
April 3, 2001
Page 23
going to be any problem with it. The only problem that he would have with it
would be the 5%, but we would review it as far as along the entryway corridors
and the number of trees that is what he would review it for.
De Weerd: And not the 5%.
Stiles: Not the landscape setback which would be 35ft in this location, but as far
as the other provisions that apply to this project, yes we would review and
approve it in accordance with the new Landscape Ordinance. As far as planting
requirements what they need to submit for review, those types of things, but we
could not exact something beyond what they had already had approved as a
Preliminary Plat as far as the configuration and the size of the planning strips.
We recognize that, but we can review it according to the remainder of the
provisions of the Landscape Ordinance.
De Weerd: And have you received this?
Stiles: What date is on that?
De Weerd: November 21,2000.
Stiles: The landscape plan we have in our files is date December 13,2000, and
it is addressed to Steve Siddoway.
Bird: That is probably it. That is probably when it was submitted to you. It was
drawn on November 20, 2000.
Stiles: No, it was the date on the plan from Tom South is December 13, 2000.
De Weerd: Can you have a review of that done by the end of the week and get it
to the applicant? So that if we postpone this until the 1 ih he has a chance to
correct or respond or do whatever he needs to do before our next meeting.
Stiles: I do not think we will.
De Weerd: You cannot have that reviewed before the end of the week?
Stiles: I believe Steve may have already reviewed it because it appears that he
has worked directly with Tom South. If Tom is faxing him, directly transmitting
this landscape plan to Steve. I image that they have already discussed it.
De Weerd: So it is all okay?
Stiles: Well, I could not guarantee that, but I would say with Tom South working
on it there is a reasonable assumption that it is fine.
Meridian City Council Meeting
April 3, 2001
Page 24
De Weerd: Okay. Well, you do not have to worry about this then. So the only
thing that we need is -I am okay with everything now,
Corrie: You need to get together the two of you. Is the 17th enough time for you?
Stiles: We have done everything. We spent an hour on the phone today. There
are three items as far as we were concerned they were the three items, and
those where the three that I outlined.
De Weerd: The choker, the trees, and the lateral. The un-platted area.
Stiles: Yes that is it.
Corrie: Does the 1 th give you enough time?
Stiles: I am done.
Corrie: I am talking to you. Then to move this along I will entertain a motion to
table until April 17 , 2001 and to finish up the Final Plat.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move that we table the Final Plat approval of 82 plus 2 existing single-
family dwelling lots and 6 other lots on 43.33 acres for Observation Pointe
Subdivision by Victory 41, LLC, and that time to get the applicant's objections or
agreements with the staff comments in writing until April 17, 2001.
Anderson: Second.
Corrie: Motion made and seconded to have the applicant and the city get
together and have the Final Plat either given to us in writing and finish it up for
the Final Plat on April 17, 2001 meeting. Any further discussion? Hearing none,
all those in favor of the motion say aye.
MOTION CARRIED: ALL AYES
Item 9.
Continued Public Hearing from March 20, 2001: AZ-00-021
Request for Annexation and Zoning of 70.72 acres to R~8 for
proposed Sundance Subdivision by G.L Voigt Development -
northeast corner of Ustick and Meridian Roads:
Item 10.
Continued Public Hearing from March 20, 2001: PP-OO-020
Request for Preliminary Plat approval of 214 single-family lots, 4
future office lots and 23 common lots on 69.79 acres for proposed
Meridian City Council Meeting
April 3, 2001
Page 25
Sundance Subdivision by G.L Voigt Development - northeast
corner of Ustick and Meridian Roads:
Corrie: We also have a Public Hearing on the request for Preliminary Plat, so at
this point I will open the Public Hearing on both 9 and 10. Any comments that the
developer wishes to make he can make them at the same time. They will be on
the hearing schedule and taken as testimony and also anybody that wants to
testify will testify both on the annexation and the Preliminary Plat. So at this point
I will open the Public Hearing on Items NO.9 and 10, and the staff comments first
please.
Stiles: Mr. Mayor and Members of Council this is the proposal for a property on
the northeast corner of Meridian and Ustick Roads. It was directly across the
street from the new park site on Ustick and Meridian. It is contiguous to the city
with the park and also with Bedford Place Subdivision to the south. They are
proposing an R-8 zone with 214 single-family lots, 4 future office lots, and 23
common lots on approximately 70 acres. They do have a pocket park shown in
the middle of the subdivision that would also serve as a storm drain pond. This is
showing the photos of the area. One thing that has not been addressed that was
not in the staff report, the original staff report had recommended denial of this
application due to the fact that sewer service is not currently available to the site.
It would require over 2 miles of sewer trunk line to build in the White Drain Trunk
for which easements have not been obtained for any of that 2 miles at this time.
The applicant has indicated that they would be willing to be annexed and
knowing that they have no sewer service available. However, annexing this
property will immediately cause the adjacent property owners to submit for other
annexations and other plats. Also, what was not addressed in the original staff
report is if they are proposing more than one use on the property it should be
developed as a Planned Development, which would require a minimum of 10%
common area in the project. They are proposing the office use at the intersection
here, which is not permitted per our current Ordinance. They would have to
remain as single-family building lots only. I want to put up an aria!. It shows the
overall development in the area to date. There is basically a rural residential
subdivision to the east of this proposed subdivision. This would be the area in
question. If the City Council does recommend approval of this annexation and
zoning, I am not sure how this can be worked out, but we would like to ask legal
council if they do recommend the annexation and approval of the plat, if the
actual annexation of the property can be postponed until the sewer easements
are in place, and the sewer line is available to the site. Because there is an
extreme interest in the entire remainder of this mile section, and it will just
perpetuate the problems we already have with trying to react to these
developments. Any questions?
Corrie: Thank you, Shari. The developer of Sundance Subdivision or
representative here this evening?
Meridian City Council Meeting
April 3, 2001
Page 26
Arnold: Mayor Corrie and Members of the City Council for the record, Steve
Arnold. I am here representing Voigt Development. Our office address is 1800
West Overland Road, Boise, Idaho, 83705. I guess to give a brief description if I
can, let me grab my boards real quick. What we are proposing is approximately
218 lots total, 214 single-family dwellings with 4 future office lots. Right now all
that we are requesting is an R-4 zoning for those lots because it is not consistent
with your current Comprehensive Plan. We are showing them this way so that
the Council can recognize that our intent is not to have these single-family
dwellings but to have them as office lots. We have run this by ACHD and run by
access points for them. As a part of the trip calculation that was assumed that
these were going to be LOD zoning. We are proposing approximately a 2.44 acre
pocket park a total of 7.79 total common areas, which gives us about 4.25 acres
of landscaped area that will apply towards the Landscape Ordinance which gives
us approximately a 6% open space within the subdivision. Our lot sizes range
between 6500 square feet and up to 17,500 square feet. A majority of the lots
have 120ft of depth. One of the reasons that we are going with the R-f3 zoning
was so that we could go down to the reduced frontages. The current PUD
Ordinance would not allow some of the frontages that we are proposing. Our
average lot size is approximately 8700 square feet, which in an R-4 zoning that is
consistent with that zoning. Our density without the office units is approximately
3.14 dwelling units per acre, 3.25 if we include the office units. The minimum
house size right now is 1300 square feet. We are providing 35ft of landscaped
buffer, which we originally showed 30ft along Meridian Road, we have modified
that and provided 35ft. We are providing 30ft and up to 50ft along Ustick Road
along portions of the fence. We did do a traffic analysis. The ACHD analysis or
our traffic engineers say that the transportation system would be adequate to
accommodate this development. We are providing a $30,000 road trust deposit
for the intersection to our share of the cost of a traffic signal. Both Great Falls
and our other road out to Ustick Road will be residential collectors carrying 800
and 1300 trips respectably. To the north we have a RT zoning, south of us we
have Eastbrooke, Bedford Subdivision, Finch Creek, Granite Tract, Gem Park,
and Settler's Village. All of those are at the R-8 zoning with much greater density,
about 3.8 units per acre. Across to the east we have Weaver Acres, which is
one-acre lots. To the west of us we have the proposed City Park that is
approximately 58 acres, just less than 60 acres. Just real quick to show you kind
of a layout of how - I like the colors because it breaks down approximately the
lots and how they are separated. The blue would be the 10,000 and above. A lot
of those are at 11,000 plus square feet. We have the purple approximately 33
lots of those, those are 9000 and above. Again most of those are 9500 to 9800
square feet. The orange, there is approximately 38 of those, those are 8000 and
above. Again, a lot of those are 8200 to 8500 square feet. Then the yellow ones
are the 7000 and above. The majority of those because of our lot depth and the
lot frontage which most of them are 65ft of frontage, those are about 7500 to
7700 square feet. The white, those are at 6500 square feet and above. Based on
these corner lots and the frontages that they are showing which is 40ft, which is
consistent with the zoning out here. We are allowed to go down to 40ft of
Meridian City Council Meeting
April 3, 2001
Page 27
frontage in the corner lots in this area. We are assuming a lot of those will not be
very desirable lots, so we will be losing some of the corners and picking up quite
a bit of square footage here and in other areas of the development. Thus
decreasing the density and increasing the lot size. We are assuming that a lot of
those lots in the corners will essentially go away. We did have some
neighborhood issues, and I would like to address those real quickly. One was
some of the traffic that was coming out on Broadwater and the other intersection
out on Meridian Road. The issue was realigning the entrance to a future public
street on the south side so that it could be signalized in the future. I did scale it
off. It was approximately 650ft from Meridian Road. That is an insufficient
distance for signalization, As a matter of fact, ACHD will probably be pushing
further to the east for any kind of a signal. Optimal location would be 1300ft with
the best location at 1700 square feet for signalization. The neighborhood issues
also the entrance and how it relates to driveways and the residents on the south
side. I did scale off. Our entrance was approximately 860ft east of Meridian
Road. There was driveway at 790ft and 915ft respectively. Based on those
calculations and I looked at an arial of where the house laid out in relationship to
the south. It appeared that the outbound traffic would miss the house but there is
some tweaking room if it is aligned up with any kind of windows to kind of avoid
the headlight issues that would be seen from this subdivision. The other issue
that we received a letter for-
***End of side two***
Arnold: -- of the LOD zone at this time is because one, it is not consistent with
your Comprehensive Plan. Your current PUD Ordinance does not allow for the
mixed use, and I am aware that is in the process of being changed, but that is
why we did not submit it with LOD in the corners. I guess the offsite issues that
were discussed tonight, we obviously like the previous recommendation from
staff and Planning and Zoning allowing this development to go forward knowing
that we are going to get these easements to the site. It is 2 miles away from your
sewer treatment plant. We are aware that Bridgetower Subdivision is up before
the Planning and Zoning, and that part of their PUD application will be to require
easements across their property, which will get it to approximately 4600ft from
Linder Road. At a previous work session, I believe it was with Planning and
Zoning, the sewer trunk and the easements between Linder and our site where
not of concern that those were being worked out at the time. I am assuming that
because the city has a city park directly across from us that they are not
concerned about the sewer issues either. Finally, there were some site-specific
comments that were in the Planning and Zoning packet that came out. I did
submit a letter on March 19, 2001 addressing those. I do not know if the Council
has that before them tonight. It did go through essentially speaking of our
concerns with the Planning and Zoning recommendation and some modifications
that we would like. I will go through those really quick. The first one is the Finch
sub-drain; we are planning to pipe it along the south property line. Along the east,
we would like to leave that open if at all possible. That is consistent with what has
Meridian City Council Meeting
April 3, 2001
Page 28
occurred to the south. Number 13 in the annexation and general requirements, it
discusses as a condition of approval we are to receive a letter from Meridian
school district. Currently it states that the language says the applicant must
obtain a letter from Meridian school district stating that the school district
approves the annexation and zoning of this application, and that there are
adequate schools for this project. As you can see from my letter, what we would
like is to scratch out where it starts with the Meridian school district stating,
scratch stating that the school district approves the annexation and zoning of the
application. It has been our experience in the past that the school district stands
fairly firm that they do not approve annexations or Preliminary Plats, and they
only recommend to the city that there is or not adequate schools to the
development. I think that issue just modifying that language slightly so that we
are not tied up. I know that I have had conversations with Mr. Bigham. He feels
very strongly that they do not approve annexations, but they only make
recommendations. And that the Finch Drain along the east property line be left
open. I guess in summary I think that the issues concerning this development are
mainly sewer and perhaps some of the application process with the PUD or not
having a PUD. As you heard tonight with approving the Ordinance for Wilkins
Village, that one was the same type of situation where we were going in with the
R-4 and a PUD requesting numerous variances with that PUD application, and it
was the direction of the Planning and Zoning commission and approved by City
Council that we do just go and request the R-4 zoning. Essentially, what we think
we are doing with site is we are providing that mix. We are providing the 8700
square foot lots and greater. We would like to go with the R-8 zoning. I think it is
consistent to the south, and we would like to take -the client is fully aware of the
risks of not having sewer capacity at this time or any sewer hookups. There are
numerous developments to the west of us along with Bridgetower that we feel
that sewer will be eminent to this site. It is just a matter of time. The Preliminary
Plat for this site will expire one year from approval. We are allowed one time
extension. I believe the Public Works Department stated earlier in a work session
that they are assuming easements will be provided June, July. Construction
commencing shortly there after with the White Trunk being done by the end of
2001. That mayor may not have changed. Again I would just like to reiterate that
we are aware of the risks. The developer is aware of that, and they are willing to
take that with the Development Agreement stating essentially that we are not
going to get building permits until we get sewer. Does the City Council have any
questions of me?
Corrie: Any questions at this time?
Bird: I have none.
Corrie: Thank you. To continue the Public Hearing is there anyone from the
audience who would like to testify in favor of this project?
Meridian City Council Meeting
April 3, 2001
Page 29
Bowcutt: Becky Bowcutt, 11283 West Hickory Dale. I have come before you
tonight because I was the original planner on this particular project. When I was
still employed by Briggs Engineering. I guess for the record I just wanted to kind
of explain why we designed this project in the fashion that we did. When you
have Ustick Road and Meridian Road, those are two section line roads that are
going to be - that are arterials, and are going to function like arterials in the
future. It is a travesty to stick single-family dwellings and back them up there. I
have done that once before at Eagle Road and McMillan with Madison Park, and
I regret it to this day every time that I drive by there and feel sorry for those poor
people that are back right up against that intersection. It is good planning that we
try to provide some other use that is not intensive that is compatible with
residential and offices are the best avenue. I was fully aware that on your
Comprehensive Plan this area is designated for single-family residential. That is
why I could not submit this as a Planned Unit Development under your current
Ordinance because it does not allow for any nonconforming uses. You must
comply with the Comprehensive Plan. As Steve indicated, we are not asking for
an approval of that for office. We just want the Council and the staff to be aware
of what we would like to do in the future. If you want to strike any reference to
that office that would be fine. We realize that we will have to rezone that property
and either work with your staff on their Comprehensive Plan that that be
designated for limited office or come in with under the new Planned Development
Ordinance that is coming down the pike and apply for limited office uses. The
applicant realizes that there is no sewer available at this time, but the sewer is
coming. And just like other projects that I did along the Eagle Corridor, we went
through the City of Boise's process. We took quite a few applications through in
about a two-year time frame while Boise City was negotiating easements up the
bench from the West Boise sewer plant. The City of Boise included as a
condition of approval that the city did not guarantee sewer service to this
property. So that we were well aware that we were processing these applications
at our own risk and that the city could not be held responsible or liable for any
particular time frame. Secondly, this property abuts Bedford Place. Everything
south of this is R-8 zoned. When we have the regional park across the street,
typically from a planning perspective, we plan to have some higher densities.
We struggled with this in designing this. We went with deep lots like 120 to 115
feet because that's what people seem to be wanting in a market place and tried
to do a mixture of lots. With the handicap of the current PUD ordinance, this was
the best we could do and felt that since the R-8 zone, since it abuts an R-8 zone,
it's across the park, it joins two arterials, we felt this was compatible. With the
3.25 dwelling units per acre, when you exclude the office, we are within the
perimeters of the R-4; out median lot size of 8700 square feet was within the
perimeters of the R-4, yet we were asking for R-8. I'd also like to recognize the
fact that we are contiguous to the City limits on two sides: two the west and to the
south; so this is not what I would call leapfrogging or shoe stringing or anything to
that affect. The City limits are already at this property. Water's available at
Ustick Road. We feel this is a good project, it's designed with two collector
roadways, loop streets essentially located - park that's about 2.5 acres; we feel it
Meridian City Council Meeting
April 3, 2001
Page 30
would benefit the city and we like the project. It would be similar to what Mr.
Voigt did with the Fieldstone Meadows Subdivision. I also did Summerfield, two
projects he's very proud of in the City of Meridian. Thank you.
Corrie: Thank you. Okay. We have David Couch.
Couch: I think she's addressed my concerns.
Corrie: With that, that's the only ones we have signed up to do the sign~up
sheet. So (inaudible) see that there was any main areas of concern; I don't
believe that you have to have your rebuttal unless you want it. Just to make sure
everybody understands that we're doing 9 and 10 together for both the public
hearing part of it. Council, any questions on the public hearing side of it?
Bird: I have none, Mayor.
Anderson: Mr. Mayor, I have a question for either of the two applicants that
talked. Understand you're saying you're less than the R-4 zoning requirement,
but you're asking for R-8 and the reason is why?
De Weerd: The lot frontages. The lot lengths in front.
Corrie: We'll just have the applicant tell us for sure.
De Weerd: Lot sizes can be different-
Arnold: For the record Steve Arnold. Mainly for the lot sizes and the frontage
requirements. That's it. The average lot size with what we're proposing would
be 8700 square feet, but within the R-4 zone, you're required to keep a minimum
of 80~foot frontage.
Anderson: But you're just wanting to offer more diversity with the houses that
could be built?
Arnold: Basically the diversity of the houses and lot sizes. They do range from
our smallest, I think when we look into the fine details of the design, the smallest
is 6500, and a lot of those are along those areas north or east or whatnot where
we've got 40-foot frontages. It's really hard to provide or put a house on a
frontage with 40 feet extending 130 feet. Some of those - we're assuming some
of those go away and our minimums will be greatly increased, but as it stands
now, it's 8700 square feet for the average lot sizes.
Anderson: And the smallest lot size?
Arnold: 6500, which is consistent with the R-8.
Meridian City Council Meeting
April 3, 2001
Page 31
Bird: Mr. Mayor, you say 40~foot is the smallest frontage?
Arnold: On the corner lots? If you're looking north of the loop street, Lot 37, 38
and 39, those have 40-foot frontages. Some of those are 9,000 and 10,000
square feet. We'll have to re-design those. We just put those lots in based on
the minimums.
De Weerd: What I think in this market, more narrow, longer lots are starting to
come back in. People want a - back yard. Yes.
Corrie: Any other questions? Hearing none (inaudible) questions from the
Council and staff, I'll entertain a motion to close the public hearing.
Bird: So moved.
Anderson: Second.
Corrie: Motion made and seconded to close the public hearing of Items 9 and
10, the Sundance Subdivision -
De Weerd: Mr. Mayor.
Corrie: Discussion, Ms. De Weerd.
De Weerd: I would like us to think about before we close the public hearing on
the issue the applicant did raise, and that is that is just a PUD with the office use.
Does it constitute waiting for the comprehensive plan to change and, you know, if
so, why are we rushing this? It is very similar to the PUD, and don't get me
wrong, I really like it. It allows a diversity of housing types because you can get a
smaller house on the R-8. It allows for lot-size diversity. It also allows for mixed
use, but it does concern me that we are designating those four lots in the
southwest corner as, yes, right now I'm designated, but we know what the use is
going to be. The white drain is not far enough along that this is really pressing a
time-issue here, so why are we rushing it? Either let's hold it up for the
Comprehensive Plan to change it and allow office in there or hold it up and allow
the PUD, the Planned Unit Development Ordinance that is right now at Planning
and Zoning and work these all together. I don't see the urgency of pushing this
through at this point. Why not continue it or - I don't know what the legal aspects
of tabling it until we have more information either on the Comp Plan or the PUD.
That's my discussion.
Anderson: Call for a question.
Corrie: Question has been called for. Close the public hearing all those in favor
say aye.
Meridian City Council Meeting
April 3, 2001
Page 32
MOTION CARRIED: THREE AYES, ONE NA YE
Corrie: Motion passed, pubic hearing is closed. Now request for annexation and
zoning first. Discussion?
Anderson: Mr. Mayor, I had a couple of concerns on the project, and one is the
sewer line being that far away from it. I'm kind of like Tammy that what is the big
rush to push this through at this point if our sewer is still that far away from it.
The other major concern that I have is not really related just to this particular
development, but it's with large subdivisions in general. We have been
discussing for the last several months about the fact that we feel like we're
behind in a lot of the basic services that cities provide: parks, fire, police. So this
does not make good sense to me at this point to approve subdivision with 214
single-family lots. To me it's kind of like Custer calling for more Indians. When
you can't adequately provide the park space and the public safety, we even have
our Police Chief writes on his comments sheet that he has public safety
concerns, we are talking about an election in a month to try to raise our mill levy
to address some of those concerns and hopefully beef up those areas where
we're week, but we have no guarantee at this point that that's going to pass. To
me this is really premature to approve this project without adequate sewer
available and without knowing the outcome of the election. This would be
ludicrous to annex and approve 214 more homes into a situation that would be
just worse for us. That's my input.
Corrie: Thank you, Mr. Anderson. Anyone else? Okay. Any other discussion?
Okay. Then hearing no further discussion, I'll entertain a motion on the
annexation and zoning of AZ 00-021, Sundance Subdivision.
Anderson: Mr. Mayor, I would make a motion, then, that we have the City
Attorney draw up the appropriate Findings of Facts and Conclusions of Law in
denial of the request for annexation and zoning for 70.72 acres to R-8 for
proposed Sundance Subdivision by G.L. Voigt Development.
McCandless; Second.
Corrie: Motion made and seconded to have the City Attorney draw up the
Findings of Fact and Conclusions of Law for denial of the request for annexation
and zoning. Any further discussion?
De Weerd: Mr. Mayor, I agree with Councilman Anderson, and his statements on
the mill levy and knowing if we can service that sort of thing, but do we really
deny it at this point before we know the outcome? We can continue this if it
proves favorable if the mill levy passes and we have our ordinance in place and
we know the status of the Comp Plan. Those are all very important issues. Do
we really then - what you want these people to do is wait until that and then have
to reapply and have to go through this whole procedure again? Is that the intent
Meridian City Council Meeting
April 3, 2001
Page 33
of denying it at this point? I certainly can't approve it at this point, but if we - do
you feel it necessary that we have to vote today?
Corrie: Motion made and seconded -
Bird: We're going to question.
Corrie: There's a motion. Comments?
Anderson: Again, it's just comments. I'm kind of like you, Tammy. I wouldn't
care if it was continued, I guess, from one aspect, but the sewer issue bothers
me, too. I really have a hard time approving a project; so many things can hold
up a sewer as we've seen already. Our expectations and timeframes of when we
think the sewer trunk line would be extended and be able to service an area and
what in reality takes place. I'm just really reluctant to approve these projects
ahead of that.
De Weerd: Mr. Mayor, I would have a question for Gary. Do we have a known
timeframe on this White Drain? If Observation Pointe and the easements
(inaudible) through that are -
Anderson: (inaudible) points the wrong way.
De Weerd: Bridgetower. If they're firmed up, what timeframe are we looking at?
Smith: Mr. Mayor, Council members, we were told in a meeting with the
developers of Bridgetower that we - assuming Bridgetower passes through
Planning and Zoning successfully that we would be looking at easements in
receipt of easements around the 1st of May. We expect it then. I don't think it
had to do with anything on Council action on the plat. I think they felt comfortable
with Planning and Zoning approving it and sent it onto Council to turn loose of
easements. I could be wrong, but isn't that right, Becky? All right, Becky's
agreeing that's what she remembers. So having said that, I would expect that
the sewer could be constructed by the end of this year because we aren't finding
any opposition to the easements between Meridian Road and Linder. We have
easements signed between Meridian Road and Locust Grove, and so the only
portion that's of concern right now is from Linder to Ten Mile Road and the
Bridgetower developer owns about three-quarters of that property.
Corrie: So you still have a quarter to go.
Smith: Yes.
Bird: That quarter's our part. No.
Smith: West of Linder. Right.
Meridian City Council Meeting
April 3, 2001
Page 34
De Weerd: So is it an option that if this were continued, and I know that this is a
motion to deny it right now, but I'm just trying to figure out my vote here, is
knowing - well, not knowing too much yet, if - we could put contingencies even
at the point where you know all the easements are taken care of, it will not be
serviced or it cannot hook up until certainly when services are available. Maybe
the City Attorney can help my question-
Nichols: Mr. Mayor, members of the Council, there's one thing I would say that's
principally to consider which is if you change the Planned Unit Development
Ordinance or you change the Comprehensive Plan, this application is submitted
under the old plan and the old Ordinances; therefore, those are the ones to apply
to this application. Tabling this thing until some new Ordinance is passed is not
really applicable for this one. I don't know if that helps you with your decision or
not.
De Weerd: Sure does. Okay. Thank you.
Corrie: Any further discussion? Okay. The motion is to have the request for
annexation and zoning be denied. Mr. Clerk, roll-call vote, please.
Roll-Call: Bird, naye; de Weerd, aye; McCandless, aye; Anderson, aye.
MOTION CARRIED: THREE AYES, ONE NAVE
Corrie: Motion for denial is approved. Now we have the request for preliminary
plat which is moot, but we still need to have a vote on it. Mr. Attorney.
Nichols: Yes, Mr. Mayor.
Corrie: I'll entertain a motion on the preliminary plat. Mr. Anderson.
Anderson: Mr. Mayor, I would make a motion that we have the City Attorney
draw up the appropriate Findings of Fact and Conclusions of Law for denial of
the preliminary plat for 214 single-family lots and 4 future office lots, 23 common
lots on 69.79 acres for a proposed Sundance Subdivision by G.L. Voigt
Development.
McCandless: Second.
Corrie: Motion made and seconded to deny the request for preliminary plat, Item
No. 10, Sundance Subdivision, preliminary plat. Any further discussion?
Hearing none, roll-call vote.
Roll-Call: Bird, naye; de Weerd, aye; McCandless, aye; Anderson, aye.
Meridian City Council Meeting
April 3, 2001
Page 35
De Weerd: I wanted the Mayor to break a tie.
MOTION CARRIED: THREE AYES, ONE NAYE
Item 11.
Continued Public Hearing from March 20, 2001: AZ 00-027
Request for annexation and zoning of 5.97 acres from RT to R-4
by Hubble Engineering for proposed Inglenook Subdivision - east
side of Locust Grove and north of Victory Road:
Continued Public Hearing from March 20, 2001: PP 00-028
Request for Preliminary Plat approval 21 building lots and 3 other
lots on 5.97 acres in a proposed R-4 zone by Hubble Engineering
for proposed Inglenook Subdivision - east side of Locust Grove
and north of Victory Road:
Corrie: Item No. 11 is a public hearing from March 20, 2001, annexation and
zoning of 6.97 acres from RT to R~4 by Hubble Engineering for proposed
Inglenook Subdivision, east of Locust Grove and north of Victory Road and I will
open the public hearing for the preliminary plat of the Inglenook Subdivision for
the public hearing. At this time, I'll open public hearings on Items No. 11 and 12
and have staff comments first.
Item 12.
Stiles: Mr. Mayor and Council, this is for the property that's located on Locust
Grove Road. To the south is some land that's zoned RT in the county. This is
Tarawood Subdivision that came before you tonight and was discussed
regarding the common lot on the southern boundary; the Nine-Mile Drain is
adjacent to this property's eastern boundary. They are proposing a zone of R-4.
Mr. Mayor, did you open both public hearings or just the one?
Corrie: Yes.
Stiles: They're proposing 21 building lots and 3 other lots on the 5.97 acres. Did
you receive the proposed - the position statement from Brad Hawkins-Clark that
was dated March 19th? Was that incorporated into new recommendations or was
that just attached in your packets? Maybe legal counsel can let us know what
that is. This is the proposal as revised by the applicant. They're proposing a
pedestrian walkway to the Nine-Mile Creek. They're not proposing, I don't
believe they're proposing an encroachment on that easement at this time. Also,
they would have an extension to the south. This would be a future right-of-way
that would extend through the adjacent property should Mr. Shipley ever develop
his five acres to the south there. I - I really don't have any major issues to
discuss regarding this project. It's somewhat of an in-fill project even thought the
property to the north and south is in the county and undeveloped, they have
made provision to at least provide access through to those properties. I believe
with the comments that were offered by Brad Hawkins-Clark that they will be
meeting the minimum requirement of the five percent open space.
Meridian City Council Meeting
April 3, 2001
Page 36
De Weerd: Mr. Mayor, Shari, in some of the comments, there was an issue that
seems to be unresolved with the south stub that staff wanted a stub to the south
and ACHD was requiring something different. They wanted the stub going to the
north.
Stiles: Perhaps Mr. Nichols can explain that further. I believe that it was at first
to the south that staff had recommended that it align with this existing stub in
Sherbrooke Hollows Subdivision, and the applicant and the Ada County Highway
District felt that would cause too much cut-through, and so they proposed this
location near the eastern boundary of the property for their access to and through
to discourage the cut-through traffic which they felt would occur or increase traffic
speeds, I guess.
De Weerd: So that won't be a cul-de-sac? That will be a through street at some
point?
Stiles: No. It will be a through street. It looks like it's going to cul-de-sac, but
they will have to have a minimum 50-foot right-of-way here connecting, and they
will - when they fence this property, there will be a sign clearly shown on the
fence that this will continue through to the future so those people buying those
lots in there won't think it's their quite little cul-de-sac that is going to be there
forever that will cause them to contest the next development.
De Weerd: So the lot there to the left - left-hand-side, that will note that the
house (inaudible) to the north otherwise it has some weird setbacks, doesn't it?
Stiles:. Whichever way they would want to configure it. They would be fully
aware that this would be a through street that would go through in the future.
They could still face it that way if they would like to.
De Weerd: Just one last question, then. Do you know on the pathway they're
putting in there, is that in the plan that the Pathway Committee is developing? Is
that supposed to go anywhere? I hate to see this open space kind of create
nothing type of things.
Stiles: I don't know if the Pathway Committee has looked at this area. The
property's not usable by them. It's in the Nine~Mile Drain easement. It can't be
included as part of the lots; it's doubtful that Nampa Meridian Irrigation District
would allow any encroachment of that to include any part of the easement in their
lots. As in the Tarawood Subdivision that would be just to the east, the pathway
that we proposed would be on the east side of the Nine-Mile Drain, so this would
not necessarily be a pathway. If I can show you-
De Weerd: So what is the value of having that open space if it's not going to be
feasible, if there's no purpose to it?
Meridian City Council Meeting
April 3, 2001
Page 37
Stiles: The only value it would have, I guess, is houses aren't backed up to it
which they couldn't anyway, but as far as the Tarawood Subdivision, it's just a
greater, wider expanse of something - some piece of dirt in Meridian that doesn't
have a house on it, I guess. It's not all that usable for the residents of the
subdivision. It's going to move back behind their homes and - I can't really say
what the value would be.
De Weerd: But there's going to be a micro-path.
Corrie: Any other questions? All right. Developer. You've got 10 minutes.
Nickel: Thank you, Mayor. I'm not going to take even a quarter of that time. For
the record, Shawn Nickel, Hubble Engineering, 701 Allen Street, Suite 102 in
Meridian. Nice to see you all again. I'll address your micro-path issue in a
second. We're in agreement with all the conditions of approval that both your
staff and the Planning and Zoning Commission have passed forward to you. In
regards to the confusion about the stub street to the south, that is designed at the
stub street. Once the Shipley property would develop, the right-of-way on the
cul~e~sac would be developed - would be vacated and given back to those lots.
That cul-de-sac would go away in favor of just a straight street. There will be a
note on the plat notifying those lot owners that would occur. We'll have the
proper signage and the builders will also be notified of that so when they place
their house they'll place them appropriately for that future right-of-way. We did
meet with the neighbors to the north and came up with an alternative location for
this stub street that you see to the north, and that will allow them to better re-
subdivide their property in the future which we thought was important. When we
did the design to have the stub street to the south, we also took into account
what Mr. Shipley could re-design in the future, and I just did it real quick drawing.
Your staff's original recommendation was to have that stub street about in the
middle of right here. We were concerned about a four-way intersection.
Obviously, that was before we moved the stub street over to the north over - we
didn't want that street to be a straight street because it does promote higher
speeds within a subdivision. The alternative was to have the stub at this portion
of the east - you see you can still have your interconnectivity, but it kind of slows
up the traffic and provides a more safe neighborhood. So that was the reason for
that.
Corrie: Shawn, was that Mr. Shipley's property right down here in the corner?
Nickel: This is Mr. Shipley's right here. I just threw in the design of what he
could - how he could redesign his property.
Anderson: Why would he put a street around the edge of his property? Is that a
20-foot strip there at the edge?
Meridian City Council Meeting
April 3, 2001
Page 38
Nickel: Because his property is so narrow that's all he's going to be able to do.
We actually looked into purchasing Mr. Shipley's property to make it part of our
whole subdivision, but we weren't able to come up with an agreement on the
property. Without that, we tried the best we could, make sure that he could
develop it in some way, but he's only going to be able to get one row of lots just
because of the width of the property. Okay. The only other issue is we did
request at the Planning and Zoning Commission and they put in the
recommendation to have a waiver of the tiling of the ditch to the north. We did
meet with the neighbors on the north of our property, and we decided we are
indeed going to pipe that, so we withdraw the waiver for the request at this time.
We'll work with the neighbors as much as we can and make sure they get the
proper irrigation into their pasture over there. As tar as the micro-path, whether
it's needed or not, it's a recommendation of your staff that we had an access to
that what we're calling open space back along the canal. If you'd rather take out
the requirement for the micro~path, you're right, it doesn't really go anywhere. I
don't believe that the canal or the Irrigation District is going to have a pathway on
that side of the canal any time in our lifetimes or further. Just to provide access
to the open space is why the micro-path is there. We are meeting your five
percent open-space requirement, and we still would meet it without the micro-
path. It's just there to provide access. It's just a buffer tor those lots that are
there along that.
Corrie: So without that you still have the five percent?
Nickel: Without the micro-path we can still get the five percent. It's specifically
there to provide access to it, but it's not really going anywhere as Councilwoman
de Weerd pointed out. That's alii have if you have any questions for me.
Corrie: Council, any questions?
Anderson: Explain to me on that cul-de-sac; are you going to pave and curb it
and put sidewalks in and then you're going to give that back to the people? What
are you going to do?
Nickel: The project engineer's here and he can probably address that.
Thomason: Hi, Richard Thomason with Province Development Group, 701
South Allen Street in Meridian. Yes, it's going to be built as a full cul-de-sac, 45-
foot radius, curb, gutter and sidewalk, paved. If at some point in the future that
street goes through with the development of Mr. Shipley's property, the
neighbors could petition to get that back from the right-at-way if that were to just
be a 50-foot right-of-way there. I think probably the benefit of the cul-de-sac
there would be better used as the turn-around. It's going to be some time, I
think, before the Shipley's would do that. It was something that Shawn and I
didn't really discuss a whole lot, don't have a real good comment on it. I think
we'll probably stay at a cul-de-sac.
Meridian City Council Meeting
April 3, 2001
Page 39
Anderson: I think in reality you're not going to vacate it and tear up curb and
g utter and sidewalk.
Thomason: They rarely do. There's been some other subdivisions that they're in
the process of doing that right now. It would be an option if the neighbors wanted
to get together and do that, but I think we'll be long gone by the time the property
to the south develops. It doesn't seem that's going to be any time soon. I just -
on that open space on the west side of the drain there, there is open space, and
there is a stub from Sherbrooke Hollows to the south that goes to that same open
space to the west side of the drain, and there is open space in Lost Alamitos on
the west side of the drain. This could, with the development of the Shipley
property and property to the north, Mr. Sutter's, that could be maybe a passive
walking area. There's no planned trail to go there, but it could be usable for
some future as development around it continues. Now that I've contradicted - I
did just want to point out though, that the subdivision that's developed and the
subdivision to the south that's developed do both have open space adjacent to
that. Thanks.
De Weerd: I have another question for Shawn. How would you finish that off,
then, your open space?
Nickel: I think we're required to landscape it, so it will be seeded and have
irrigation to it, probably some trees back there. It won't be much, obviously, but
it'll - I think we are required to improve it and maintain it.
De Weerd: Can you tell me why you went for the density that you're at? Why
didn't you go larger sized lots? You have the depth as close to 110, why did you
go with the minimum 80-foot front?
Nickel: Just the - that was the density that the developer was looking for.
De Weerd: Just because everyone else in the City of Meridian does it that way?
Nickel: This developer actually thought those were large lots compared to what
they usually develop. I have no answer other than they wanted to get their -
maximize the property.
De Weerd: But you can ask more for larger lots, which are a rare commodity in
Meridian. Actually desirable.
Nickel: I agree, but they're going to be compatible with the existing development;
same as what is out there right now.
De Weerd: You want a whole square mile of 8,000 square-foot lots? I know.
8700 sq uare-foot lots.
Meridian City Council Meeting
April 3, 2001
Page 40
Nickel: If I may elaborate that if the property was larger, we probably could have
- I'm talking about 40 acres large - we probably would have had more diverse lot
size. This is more of an in-fill project: 21 lots. Wasn't really much room for
creativity other than a straight street going in and rectangular lots.
De Weerd: Could you have gone for a more higher density then to create a little
bit of a different type of housing, then, in the area?
Nickel: We actually thought of the higher density, but we were afraid of the outcry
from the neighborhood, from the existing neighbors that did have the 8,000- and
9,000~square-foot lots and two-story houses that come in with a higher density.
De Weerd: But when you look at Mr. Shipley-
*** End of Side One ***
De Weerd: -~ only putting one row of houses, so he's going to have some nice-
sized lots. It would be nice to maybe open that up for a little bit larger lot area.
You could actually accomplish it by taking out three lots and maintain a minimum
of 1 O,OOO-square-foot lot sizes there. Thank you.
Nickel: I appreciate your comments. Thanks.
Corrie: Thank you, sir. We didn't have anybody sign up for this one. Is there
anyone here that wanted to testify? Okay. Council, any other questions you'd
have for the public hearing? Hearing none, I'll entertain a motion to close the
public hearings on Items No. 11 and 12.
Bird: So moved.
Anderson: Second.
Corrie: Motion made and seconded to close the public hearings on Items 11 and
12. Any further discussion? Hearing none, all those in favor of the motion say
aye.
MOTION CARRIED: ALL AYES
Corrie: We'll take the first one, annexation and zoning, discussion.
De Weerd: Mr. Mayor, I guess since I've been dominating most of this, I will give
my two cents. I believe the open-space requirement; the full intent was not to
create safety pockets, which I believe that would be one. It's supposed to be an
amenity, which would actually benefit the development and the application. I
can't see from what I've heard that the particular open space really fits within the
Meridian City Council Meeting
April 3, 2001
Page 41
spirit of the Landscape Ordinance. Secondly, you know, until we make a strong
statement, we're never going to see anything other than R~4 or 8,000~square~foot
stuff that if we don't try to start getting some creativity or start asking for diversity
in the housing, and I know this is in-fill, but just to be consistent, those are my
comments.
Corrie: Any other discussion?
Anderson: Mr. Mayor, I would kind of echo some of Tammy's comments. I think
that piece of land at the back there, being the five percent of the open space; to
me I just don't think that it was well planned out. You're better off to put a tot lot
or something somewhere in that design. So, I kind of have some problems with
this just as a design aspect that doesn't show a whole lot of creativity, and I
realize that the engineer has a limited amount of ground to work with, and that
makes it difficult to show a lot of creativity. I'm kind of like Tammy that I think the
creativity might be with either a larger or smaller lot size. I'm really concerned
about what annexing this piece of property would do to the property below there
because it does create a real narrow strip that is going to make that piece of
property real nasty to development and engineer, too. Even from just a little bit
of design that you showed us as far as what they could do with that property, I
mean, that's exactly the thing that you don't want to do with your property: put a
street on one side of it, it's not very cost effective because of the width of asphalt
and the curb, gutter and sidewalk that you've got to put in, and it's going to create
large lots on one side of the street, and I know that's tough from a developer's
standpoint because it doesn't probably pay the bills to do it that way. So when I
look at this whole piece of property and the proposal here, I'm saying what are
the benefits are of annexing it, and I'm not seeing any benefits to the City to
annex this. It doesn't provide any real amenities to the City or anything else, so
I'm kind of like Tammy. At this point I'm having a difficult time seeing why we
should annex this.
Corrie: Any other comments, discussion? Hearing none, I'll entertain a motion,
then, for the request for the annexation and zoning of the 70.72 acres to an R~8
for proposed Sundance Subdivision.
Bird: This is the Inglenook. This is the 5.97 acres.
Corrie: I'm sorry. Inglenook Subdivision, annexation and zoning of 5.97 acres
from RT to an R-4 by Hubble Engineering. I'm sorry.
De Weerd: Mr. Mayor, I move that we deny the annexation and zoning from RT
to R-4 for the proposed Inglenook Subdivision and the attorney to draw up
Findings of Fact and Conclusions of Law and Decision of Order.
Corrie: I have a motion for denial of the annexation and zoning. Do I hear a
second?
Meridian City Council Meeting
April 3, 2001
Page 42
Anderson: Second.
Corrie: Motion made and seconded for motion for denial of annexation and
zoning. Any further discussion? Hearing none, Mr. Clerk, roll-call vote on the
motion.
Roll-Call: Bird, aye; de Weerd, aye; McCandless, naye; Anderson, naye.
MOTION TIED: TWO AYES, TWO NAYES
Corrie: I go back to my original statement that I think we need some diversity
here, and I think we've got some areas of concern, open space being one,
design I think isn't the best for the area. So with that, I'm going to vote aye for
the denial of the annexation and zoning.
MOTION CARRIED: TIEBREAKER VOTE: THREE AVES, TWO NA YES
Corrie: Item No. 12 is for the preliminary plat approval.
Anderson: Mr. Mayor, since we just did the other motion that we did, I would
make a motion that we have the City Attorney draw up the appropriate Findings
of Fact and Conclusions of Law and Decision of Order in denial of the request for
preliminary plat for 21 building lots and 3 other lots on 5.97 acres in a proposed
R-4 zone by Hubble Engineering for a proposed Inglenook Subdivision.
De Weerd: Second.
Corrie: Motion made and seconded for denial of the preliminary plat of the
Inglenook Subdivision. Any further discussion? Hearing none, roll-call vote, Mr.
Clerk.
Roll-Call: Bird, aye; de Weerd, aye; McCandless, naye; Anderson, naye.
MOTION TIED: TWO AYES, TWO NAVES
Corrie: I will stay with my aye vote at this point.
MOTION CARRIED: TIEBREAKER VOTE: THREE AYES, TWO NAYES
Anderson: Mr. Mayor, I move we take a ten-minute recess.
(Meeting reconvened at***)
Item 13.
Continued Public Hearing from March 20, 2001: CUP 01-001
Request for a Conditional Use Permit for an office building for
Meridian City Council Meeting
April 3, 2001
Page 43
O'Neill Homes in an L~O zone by Toothman-Orton Engineering
Company I Johnson Design - Franklin Road and Locust Grove
Road at 385 South Locust Grove Road:
Corrie: I will now - coming out of recess, we're on Item No. 13, public hearing,
request for Conditional Use Permit of an office building for O'Niell Homes in an L-
o zone for Toothman-Orton Engineering Company I Johnson Design at Franklin
Road and Locust Grove Road at 385 South Locust Grove Road. At this time I
will open the public hearing on Item No. 13 and have staff comments first.
Stiles: Mr. Mayor and Council, this is for a property that was annexed as L~O. It
was annexed when the 80 acres known as the Woodbridge Subdivision was
annexed in order to provide contiguous route. The applicant is proposing to use
the existing home as an office for a sales office for the Woodbridge
Development. This is showing the existing home. There is quite a difference in
grade from Locust Grove Road right-of-way to the house. It would have - this
really shows how it dips down. There's a lot of drainage that comes down in this
area here. Their plan currently only shows the 25 existing right-of-way on Locust
Grove. I believe Ada County Highway District was not requiring the dedication at
this time. No. They were asking for the dedication through a warranty deed for
the 48-foot right-of-way. It would also be a 25-foot landscape setback beyond
that 48 feet. They'd have the roadway enter here as it does presently. They
would need to pave this area and then provide the landscape buffer for the
adjacent residential use. This is the Medimont Subdivision back behind here.
This is the 20-foot planting strip that was provided by the Medimont Subdivision.
Staff would recommend approval with all of the staff and agency comments.
The applicant has presented a position statement; he has three items to discuss.
We had received a letter from Chief Bowers regarding the turn-around area that
would need this turn-around area shown roughly as here, and that would need to
be free of vehicles at all times to allow a proper turn-around for the fire
equipment. Any questions?
Corrie: Any questions of staff at this point? Okay, developer. You've got 10
minutes and then another five for rebuttal if there's anyone against it.
Beecham: Okay, thank you. For the record, my name is Scott Beecham of
Q'Niell Enterprises, 168 North 9th Street, Boise, Idaho. One point of clarification.
This is not a sales office. This is an office for our homebuilding division, which
will obviously largely will be focused on Woodbridge for the next few years. We
are permanently located in that office to Meridian, though. It will house a staff of
approximately seven people at this time. No sales activities will happen from this
property, though. I think that's an important clarification, though. We will also -
you can see there have been modifications by staff to this site plan. We have
revised this site plan. One of the conditions of approval in the recommendation
to Council is for the applicant to come in for a Certificate of Zoning Compliance
with a revised site plan. That has been revised, and I plan to meet with staff as
Meridian City Council Meeting
April 3, 2001
Page 44
early as tomorrow. Hopefully I can get a meeting tomorrow. Also, the right-of-
way will be dedicated through this process. I think Shari did clarify that, but the
right-of-way will be provided, and the 25-foot landscape buffer will be provided
outside of that. That was an error on our original site plan. That was her point.
Lastly, I have prepared a position statement. I apologize for giving it to you at
this late hour. It just came to my attention that you had not received in your
packets the letter from Chief Bowers nor the exhibit showing the turn-around
area. Those were two items that I felt were appropriate to address and the
Planning and Zoning Commission had recommended modifications to the original
staff report. I'll run through those quickly, though. No. 1 in my position statement
was Recommendation 1.1; it was modified and also contained in the
recommendation as 1.31. I suppose this is a question for Mr. Nichols: is it really
just clean-up items as far as how that formal recommendation came forward and
will go forward as a recommendation for approval? I think that there's a conflict
in having both of those recommendations in there. I would propose that 1.11 be
removed. The same situation in No.2, recommendation 1.27 was modified and
then added in 1.28 and 1.29, Again, the letter is attached to this position
statement from Chief Bowers as is the exhibit showing the turn-around area. The
other modification, I guess - I'm sorry. Let me go back to three here. The last
point here, while the point is well taken on Recommendation 1.32, I'm not sure
that that is technically a recommendation. I'm not sure that should be included in
a formal recommendation or list of conditions of approval. I would, again, ask Mr.
Nichols for a reaction on that. The building permit has been issued; the fee has
been paid. If I can go back to 1.11, one modification that's not shown on this and
it's also important to note that the driveway and parking lot have been paved and
striped. Central District Health has requested that we not pave over the existing
(inaudible) field for the septic system, so it's very important that that condition be
changed. The paving will show where that stopped. We do meet all the
minimum parking requirements, however. With that, I would stand for any
questions.
De Weerd: Mr. Mayor, I just have one question. Right now this area's extremely
important to us as is the right~of-way on Locust Grove to accommodate the
overpass. I see that in the ACHD comments they're asking for the dedication of
the right~of-way. Have you thought about, as being a participant and a promoter
of that overpass, donating that right-of-way rather than dedicating it? I didn't
mean to put you on the spot, but I just noticed that.
Beecham: Mr. Mayor, Councilwoman de Weerd, good question. We're not in the
overpass impact area. This is a standard right-of-way. We're a quarter of a mile
minimum north of that impact area. While it may be beneficial for achieving that
for the greater cause, I didn't even consider it to be honest with you. Their
request is for us to pay into the fund for future right-of~way improvements in
exchange what it typically done as we are paid for a right-of-way; paid for the
land that we give up. If there was an organized movement, per se, to try and
obtain donations, I'm not aware of it. Maybe you're just suggesting -
Meridian City Council Meeting
April 3, 2001
Page 45
De Weerd: I don't know how organized we are, but if there isn't, there should be.
You might consider it.
Bird: Mr. Mayor, actually that overpass area is from Franklin to Overland Road
regarding - that has to be redone from that area. I'm like Tammy. If the
developer would so see fit to donate that right-of-way to the City of Meridian,
we'd certainly appreciate it.
Corrie: Is that scheduled to be a five-lane anyway?
Bird: Yes, it is, Mayor.
Corrie: It would certainly be an advantage. We're not going to hold you - it
would be nice if people would consider it.
Beecham: Mr. Mayor, I understand and appreciate it. My point was that they're
two separate projects. One is an overpass project and one is a roadway
improvement to five lanes on Locust Grove. Now, if that were something that the
City was interested in pursuing, there are a number of requirements placed on
this project that we would certainly be willing to trade. The front portion of this
property is not being developed and we're putting in over $10,000 of landscaping
on the front half of this project. We'd like to offset some of that, and maybe that's
something that can be done. Then you will still obtain that landscaping through
future development of that property, but at this point we're not developing it.
Maybe that's something that can be considered or discussed. I hate to derail this
hearing at this point in time, but we'd be happy to come to the table and talk
about that.
Corrie: Okay. Appreciate that.
Bird: Thank you.
Corrie: Any other questions? Okay. Thank you.
Beecham: Thank you.
Corrie: Nobody signed up for the pubic hearing. Is there anyone from the public
here that would like to give testimony at this time? Okay. Thank you. Council,
any further questions for the public hearing?
Bird: Mr. Mayor, I've got a question for Chief Bowers. Is everything satisfactory
for him now?
Bowers: Mayor Corrie, Councilman Bird, City Council members, yes. We
discussed on the turn-around in the parking lot how that was going to work out,
Meridian City Council Meeting
April 3, 2001
Page 46
and I believe he showed you a drawing of that. Then we dropped - we had
mentioned that we wanted the fire hydrant, and we thought with the building or
the construction on Locust Grove in the near future that that fire hydrant would
probably be torn out, so at this time we thought we'd put a five- or six-year limit
on it.
Bird: Thank you, Chief.
Anderson: Mr. Mayor, I guess I did have a question. Will made me think of it. If
the grade elevation that Shari shows in the picture is that bad, we're showing
here that they're putting how many feet of landscaping here, 40 feet? Is that
what that says? I can't see it from here. How are you going to put that down
there in that swale? Are you going to have to fill all of that? Is that what the plan
is? I'll ask that of the applicant, I guess.
Beecham: The plan is not to fill it at this point in time. When you add the 25-foot
buffer strip plus the 48-feet of right-of-way, you actually push those trees back a
substantial distance from the road which you're actually gaining elevation as you
go to the west. What we are going to do is put a tree variety, which is a taller
variety, and the canopy will be up higher.
Anderson: So you're going to do that on the entire frontage of your property or
just this piece where this office is going to be?
Beecham: That is the entire frontage of our property, this office. The remainder
of our property is on the east side of Locust Grove Road, and that has no
landscape.
De Weerd: Very nice.
Corrie: Any other questions? I'll entertain a motion to close the public hearing.
De Weerd: So moved.
Bird: 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: All ayes motion carried. Okay. Discussion on the Conditional Use
Permit request.
De Weerd: I have none.
Bird: I have none.
Meridian City Council Meeting
April 3, 2001
Page 47
Corrie: Hearing none, I'll entertain a motion then on the request for the
Conditional Use Permit for an office building for O'Niell Homes in an L-O zone by
Toothman-Orton Engineering Company.
Bird: Mr. Mayor, I move that we approve the request for a Conditional Use
Permit for the office building for O'Niell Homes in an L-O zone by Toothman-
Orton Engineering Company I Johnson Design at Franklin and Locust Grove at
385 South Locust Grove Road and for the attorney to draw up the proper
Findings of Fact and Conclusions of Law and Decision of Order.
Anderson: Second.
Corrie: Motion made and seconded to have the attorney draw up the Findings of
Fact and Conclusions of Law for approval of the Conditional Use Permit for the
request by O'Niell Homes. Any further discussion? Hearing none, roll-call vote,
Mr. Clerk.
Item 14.
MOTION CARRIED: ALL AYES
Item 15.
Continued Public Hearing from March 20, 2001: AZ 01-001
Request for Annexation and Zoning of 78 acres from R-1 to C-C
and C-G by Larson Architects for proposed Silverstone Corporate
Center - southeast corner of Overland Road and Eagle Road:
Continued Public Hearing from March 20, 2001: PP 01-001
Request for Preliminary Plat approval of 15 building lots and 1
other lot on 78 acres in proposed C-C and C-G zones for proposed
Silverstone Corporate Center by Larson Architects - southeast
corner of Overland Road and Eagle Road:
Continued Public Hearing from March 20, 2001: CUP 01-002
Request for a Conditional Use Permit for a commercial planned
unit development and f100dway approval in proposed C-C and C-G
zones for proposed Silverstone Corporate Center by Larson
Architects - southeast corner of Overland Road and Eagle Road:
Corrie: Item No. 14 is a continued public hearing from March 20, 2001, a request
for annexation and zoning of 78 acres from R-1 to C-C and C-G by Larson
Architects for proposed Silverstone Corporate Center, southeast corner of
Overland Road and Eagle Road.
Item 16.
Bird: May we throw 15 in, too, Mayor?
Meridian City Council Meeting
April 3, 2001
Page 48
Corrie: Item No. 15 and 16, public hearing also opened as well for the
annexation request, Conditional Use Permit and also the preliminary plat for
testimony. Okay. At this time I'll open the public hearing on Item No. 14 and 15
and have staff comments first, please.
Stiles: Mr. Mayor and Council, this is for approximately 80 acres located at the
southeast corner of Eagle Road and Overland Road. It is designated as mixed-
planned use development in the Meridian Comprehensive Plan. With the
annexation and zoning application, the application had submitted a variety of
uses, and we had made the recommendation that some of those uses would be
permitted and that others of those would require a further Conditional Use
application for the project. While none of the uses are really outright permitted in
either of the zones requested through the use of a planned development, they
can apply for a divergence form those uses as shown in the Zoning Schedule of
Use Control. Mr. Anderson has developed the Black Eagle Center at the
northwest corner of Maple Grove and Overland if you're familiar with that
development. I believe he's anticipating a similar quality development in this
location. There were some issues regarding access to the adjacent properties. I
believe Ada County Highway District has asked for an access to go through to
the east; also, the owners of the property to the south had initially asked for an
extension of what was known as Titanium Way to be extended to the south.
They did present a typical site plan for one of the proposed buildings on the site.
The property is currently in two parcels, and they have requested approval to,
once they're annexed and receive approval of the Conditional Use Permit, to
begin immediately with building on one or both of those properties so they can
continue with the final plat and recordation of the final plat for the remainder of
the lots in the development. Some typical elevations they've submitted for the
Conditional Use Permit. Staff would recommend approval of the annexation, the
plat and the Conditional Use with the staff comments as they have been
recommended by the Planning and Zoning Commission. There were some
changes to our comments that they didn't agree with. One thing was we had
requested they had a collector street shown approximately in this location here
as it would be a half-mile from Overland Road, and the applicant was not in favor
of that. There is a possibility that the property to the south may be considered for
the future commercial development that would require a Comprehensive Plan
change because it's shown as currently single-family residential, but it would
make sense in the future to designate that as something other than single-family
residential. I'll show you the aerial of the area. This is the 80 acres in question in
here. We have had preliminary discussions as far as this becoming a residential
subdivision. There's an existing horse track here, but it's a natural boundary,
really, where the Ridenbaugh goes through there that would make little sense to
have this be a residential development unless it were considered a kind of high-
density development. Staff would recommend approval with the conditions noted
and stand for any questions.
Meridian City Council Meeting
April 3, 2001
Page 49
De Weerd: Mr. Mayor, I saw somewhere in here a comment about running the
utility lines to and through; is that something that is still an issue?
Stiles: I don't believe so. That's a standard City policy that they would need to
provide services to and through; they'd need to extend sewer and water, both
down Eagle Road and down Overland Road, and they would enter into some
kind of latecomer's agreement to recoup some of those costs as additional
property developed in that service area.
De Weerd: Just one last question: I didn't see - maybe I did before I say that. I
did. Forget it. I don't have anything else.
Corrie: Any other comments from the Council? Okay. Developer's
representative here?
Larson: Mr. Mayor, members of the Council, my name is Cornel Larson, my
address is 210 Murray in Garden City, 83714. I'm here tonight representing the
applicant on the project, and would like to take a little bit of time and explain to
you our concept for the project. I also have the applicant here that may want to
take just a few minutes, so I'll hurry as fast as I can. Shari, could you go back to
the overall master plan, if you would, please? That's - thank you. In developing
the project, we were investigating potential clients to use the project. Some of
the comments that we had gotten from the clients were that the project be - have
good access to the road systems, that it be close to a good employment base, it
become an employment center for the City that it's in. So that's one of the goals
of the project was to create an employment center, attractive employment center,
very similar to the Black Eagle project that's been developed by this developer.
We wanted to create an identity for the project, same as was done for Black
Eagle and bring a uniqueness to the project. We also, in the process of
designing the project, looked at what happens typically to commercial traffic if it's
interconnected to parcels around, and sometimes it creates negative traffic. So if
we were to make a connection to the east or to the south in this case, it may
create negative traffic or commercial traffic exiting through the residential areas.
Since those properties were currently under the Comp Plan as residential - we
elect to design a collector road that went through the project that came out at a
stoplight here at Eagle Road and up here on Overland Road. The primary
location for the Overland Road location was so that the property to the north all
the way up to the Elk's piece on the freeway could be served on that same
alignment and would have access to that particular intersection. The intersection
to the south was selected because it was a certain distance from this hill, and it
was at a location where the Highway District would like to have that light as well.
We went ahead and met with the Highway District Commissioners, as we were
required to. They asked that we keep three access points on this side and that
we have three access points on this side and that we share this access point
right here with this adjacent property owner to the south and that - I believe this
one and this one were deleted in their request. They also requested that we
Meridian City Council Meeting
April 3, 2001
Page 50
have a connection street somewhere to the east in this area, which we have
agreed to do at their request. Again, it wasn't something that we wanted to do,
but we're afraid that if this develops as residential, then we have the problem of
potentially exiting through those residential areas. We also have shown a well
site in the facility. We had met with Public Works prior to the submittal of the
application to see what their specific requirements might be and the fact that if
we could get latecomer fees on all of our costs that are associated with extending
those utilities, and they assured us that they have latecomer's agreement and we
can address those costs. We have around the perimeter of the project, we would
like to provide and as required by Ordinance, the 35~foot landscape buffer. This
landscape buffer would have (inaudible) berm, and then in some of these other
areas it would be open and have an open-type of fence, probably a steel-type of
fence to make the project feel a little more open as opposed to totally screened
from the street. This gives the user of the project a little more visibility from the
street and still lends itself to a nice landscape buffer. We have reviewed the
staffs comments; we agreed with the changes to the uses that were proposed in
their staff report and do not have any problem with those uses. One of the things
I wanted to point out is in the preliminary plat it actually showed 17 buildable lots,
and I believe it was advertised and proposed as 15 buildable lots in the
advertisement, so if that's the proper way to approve it, we would ask you
approve it with the 15 buildable lots. If you could approve it with 17, that would
be helpful. The two additional lots that are in question were - we had a little stub
cul-de-sac to serve two additional lots should we not get a large user that would
go into this corner of this project. I wanted to take just a minute. We had
proposed a signage element in this corner, and I've got some colored pictures I'd
like to pass out to you so you can see what our thought might be on this signage
element. It's kind of a water-feature sign element. We also proposed an entry-
gate feature here and up here, and I'd like to pass those out to you if I might.
The first one I've handed to you is this signage element that would be located at
the corner of Eagle Road and Overland Road approximately up in this area on
this map, and it's basically a waterfall element that would allow water to pass
behind the sign and then it would cascade down in front of the sign. That
rendering's hard to show how it might be from a side view, but there might be
water cascading from both sides up. The next one I'm going to give to you is the
entry gates. These elements are intended to be a gate concept. They're not a
gate that would close the project off to the public; that would be a public road.
They're merely a statement to define a project. Their intent is to house some of
the things that you always have a hard time finding room for on projects which is
sprinkler controllers or landscaping and lighting controllers and some of those
things. The two little - the two housing elements, of course, would be between
the two gates, and they would house some of those facilities that are usually
needed for the project. I'd be happy to answer some questions or turn some time
over to Mr. Anderson if he would like to have some.
Meridian City Council Meeting
April 3, 2001
Page 51
Bird: Mr. Mayor, Cornell, on staff comments you agreed with everything on all
three, the annexation and zoning, preliminary plat and the Conditional Use
Permit; you agreed with all of it?
Larson: The only thing we didn't agree with was the stub street going to -
serving a street to the south there. We kind of agreed with the Highway District
said at the joint access there.
Bird: I'd just like to make a comment there that you guys chose Meridian to bring
this project here. Appreciate it.
De Weerd: Mr. Mayor, I just have one question. I guess my concern would be
traffic on both Overland and Eagle as to the sidewalks. Do you have a parkway
between your sidewalks and the roadway or -
Larson: I believe your Ordinance allows us to shift that off and meander the
sidewalk on those types of streets.
De Weerd: That was the plan?
Larson: So that would be our preference as opposed to having it out on the curb
line.
De Weerd: That would be my preference, too.
Corrie: Any other comments?
Anderson: Mr. Mayor, maybe you could just address for us a little bit as far as
what this ACHD traffic study indicates. What kind of impact is that going to have
on Eagle and Overland Road, the project?
Larson: Basically, Councilman Anderson, there is about a 10,000-trip generation
that this project would create at full build-out. The Highway District had asked us
to have a trigger to install the lights on Overland and Eagle Road probably
around 70 percent build-out so they wouldn't be installed until such time that they
reach that requirement. In their traffic report, they indicated that, I'll paraphrase a
little bit, but the facilities with the improvements would be adequate to handle
those, and they also recommended some fees be assessed for some things that
would occur or some traffic impacts that would occur on the Cloverdale
intersection. So there would be some detriment to the intersection of Cloverdale
and Overland Road as the project reaches full build-out, which the owner would
compensate the District for as he starts. They also indicated that a good deal of
the traffic coming to the site may use the freeway system depending on where in
Meridian the employees of the facilities might come from, but they thought a
good deal of them might come from that way as the Ten Mile Interchange
becomes more of a reality: it will probably attract more down the freeway.
Meridian City Council Meeting
April 3, 2001
Page 52
Anderson: Are these additional stoplights that you're talking about near your
entryways? Are they something that you're going to pay fees, pay ACHD, or are
they something that you're going to put in with the project initially?
Larson: Initially what we had worked out with the Highway District was we would
go in and try to get the infrastructure on the roads put in during this phase and
they would - when they requested we install stoplights, they would be installed.
If there was a development going in over here or a development going in up here
that they would also participate in the costs of the stoplights. If there were no
development, this applicant would bear the cost of those stoplights.
Anderson: And the triggering mechanism you said was at 70 percent?
Larson: It's about 70 percent. They didn't give us an exact definition, but they
did think 70 was probably - They kind of left it up to staff to (inaudible).
De Weerd: Mr. Mayor, I guess I had one more question. What is your phase plan
on this?
Larson: Right now we would like to go in and build the berms down the Eagle
and Overland side; get improvements right away, items designed for the street
improvements. We'd like to get this connector road through here designed.
We'd like to get all the sewer and water extended out. This would probably be
the first project that would go in - the first building that would go into the project,
and that's the one that we have submitted the conceptual conditional use on.
Most likely this building here would be the second building that would go into the
project and giving help from the City and help from the contractors and the
community, we hoped to have those up by next March at the latest.
Bird: Mr. Mayor, Cornel, what's the total square-footage compared to the Black
Eagle? There's much more in Black Eagle, isn't there?
Larson: Black Eagle's about 47 acres, and we're at 70 acres. We're probably
going to be close to twice the size. This one will be.
Bird: And Black Eagle has not impacted Overland and Maple Grove that hard?
Impacted it - it hasn't really hurt them that badly?
Larson: No, those improvements that were on Overland and Maple Grove were
there when that project started. It seems to be operating at a satisfactory level.
Anderson: And is the concept here for kind of office professional or more for
retail?
Meridian City Council Meeting
April 3, 2001
Page 53
Larson: Right now we've kind of left in the uses, all of the uses, just to give us a
little flexibility on it. The applicant is strictly a hold-type of developer; in other
words, the stuff that he develops, he typically holds. He approximately holds
about 70 percent of his portfolio. One level would probably be sold off with time.
There may be a person that wants to come in and buy a site builder on facility; in
that case he would sell that, especially if it was a large employment user. There
also may be a hotel or a motel that might come in and want that. But the general
intent wasn't to provide a total retail strip center or a big-box facility; although,
with the zoning you're giving him he could do that. That has not been the
product that he's developed. He's here and I could certainly have him -
*** End of Side 4 ***
Corrie: You want to bring up the other fellow? Is that necessary?
Larson: I guess we would.
Roger Anderson: Good evening, my name's Roger Anderson. My business
address is 9100 Black Eagle. I know the time's short, so I'll just say thanks, and I
appreciate the effort. I appreciate the staff's honesty and straightforwardness in
negotiating the things we do. Quick track is the name of the game. Our job is to
get some employment users out there. In order to do that we have the
entitlements on the property. With that I want to thank you and appreciate it.
Corrie: Thank you. Okay. No one's signed up for and against. Anyone here
that wants to testify at this point? Okay, Council.
De Weerd: Mr. Mayor, I move that we close the public hearing.
Bird: On all three?
Corrie: Only two - Conditional Use Permit -
De Weerd: Yes.
Bird: Second.
Corrie: Motion made and seconded to close the public hearing on Items 14 and
15, request for annexation and zoning and the preliminary plat. All in favor say
aye.
MOTION CARRIED: ALL AYES
Corrie: Let's take the first on the annexation and zoning. Comments or
discussions?
Meridian City Council Meeting
April 3, 2001
Page 54
De Weerd: I have none.
Bird: I have none.
Corrie: Hearing none, I'll entertain a motion on the request for annexation and
zoning.
Bird: Mr. Mayor, I move that we draw up the Findings of Fact and Conclusions of
Law and Decision and Order in favor the request for annexation and zoning of 78
acres from R-1 to C-G and C-C by Larson Architects for proposed Silverstone
Corporate Center, southeast corner of Overland Road and Eagle Road.
De Weerd: Second.
Corrie: Motion made and seconded to have the attorney draw up the Findings of
Fact and Conclusions of Law for approval on the request for annexation and
zoning for Silverstone Corporate. Center, Item No. 14. Any further discussion?
Anderson: Mr. Mayor, I just wanted to comment that unlike Keith I think this is
one of the nicest development s that Meridian has had come to it and I
appreciate the developer for bringing this particular project to the City of
Meridian. You know, we just turned down Ameritel a couple weeks ago and I
think it would be a great location to have a classy motel and it would fit in well in
your project. Maybe you ought to go talk to them.
Corrie: Thank you Mr. Anderson. I agree one hundred percent.
De Weerd: We'd love to see it in your project.
Corrie: Any other discussion? Okay. Hearing none roll call vote Mr. Berg.
Berg: Thank you Mr. Mayor Members of the Council. Roll call vote
Bird; Aye
De Weerd: Oh, aye.
Corrie: Sorry I was talking to her.
Anderson: Aye
McCandless: Aye
Berg: All ayes.
Meridian City Council Meeting
April 3, 2001
Page 55
Corrie: All ayes. Motion carried. Okay. I'll entertain a motion now for the request
for preliminary plat.
Bird: Mr. Mayor
Corrie: Mr. Bird.
Bird: I move that we approve the preliminary plat approval of 17 building lots and
1 other lot on 78 acres in proposed CC and CG zones for the proposed
Silverstone Corporate Center by Larson Architects southeast corner of Overland
Road and Eagle Road and for the Attorney to prepare Findings of Facts and
Conclusions of Law and Decision of Order.
De Weerd: Second.
Corrie: Motion's been made and second to have the Attorney to draw up the
proper order of decision for the Silverstone Corporation preliminary plat request.
De Weerd: Mr. Mayor.
Corrie: Mrs. De Weerd.
De Weerd: Would this be the point of addressing the access to the south? The
staff had commented and incorporate the new requirement form ACHD?
Corrie: That's in the preliminary plat.
Bird: That's in the preliminary [plat.
De Weerd: So does your motion address that?
Bird: It addresses - take that one out. I don't like the one (inaudible)
De Weerd: So you want to delete staff's-
Bird: Delete staff's remarks. And I also added 17 building lots.
De Weerd: Just wanted clarity.
Corrie: Okay.
(inaudible discussion amongst Council)
Corrie: Seventeen building lots?
Bird: Seventeen building lots plus one other lot.
Meridian City Council Meeting
April 3, 2001
Page 56
Corrie: And deleting the south (inaudible)
Bird: And it's deleting the south and that would be the south and the west.
Corrie: So you did both?
Bird: That's south and that's west. Yeah I think that - my opinion is that one to
the - wait a minute, that's to the south.
(inaudible discussion)
Nichols: Mr. Mayor
(inaudible discussion)
Corrie: Are you through Keith?
Bird: Yeah I'm through.
(inaudible discussion)
Corrie: Mr. Nichols.
Nichols: If I understood the testimony correctly what the applicant was asking
for is for the ACHD requirements would be what was reflected on the preliminary
plat.
(inaudible discussion)
Bird: Okay. (inaudible) Yeah.
Corrie: And add the 17 -
Bird: And add the 17 building lots-
Corrie: Okay
Bird: -- and one other lot.
Corrie: All right. Any other discussion? Roll call vote, Mr. Berg.
Berg: Thank you Mr. Mayor Members of the Council. Roll call vote
McCandless: aye
Meridian City Council Meeting
April 3, 2001
Page 57
Anderson: aye
De Weerd: aye
Bird: aye
Berg: All ayes.
Corrie: All ayes. Motion is carried. Item No. 16 this may go pretty fast but I -
there may be some other questions in here. This is the Public Hearing request for
conditional use permit for the commercial plan unit development and floodway
approval in the proposed (inaudible) So, at this point I will open a Public Hearing
and staff comments first on the request for conditional use permit. Do you have
any different than the other?
Stiles: No.
Corrie: Okay fine. That's fine. Does the developer have anything different than
the request? Okay. Does anyone in the public have any testimony on that? Okay.
Well, I guess I could have opened and closed at the same time.
Bird: That's okay.
Corrie: I didn't know -
Bird: I move that we close the Public Hearing for the conditional use permit.
Anderson: Second
Corrie: Motion's been made and second to close the Public Hearing on item No.
16. All those in favor say aye.
MOTION CARRIED: ALL AYES
Corrie: The Mayor does make mistakes once in a while. Okay. I'll entertain a
motion for the request of the conditional use permit.
Bird: Mr. Mayor
Corrie: Mr. Bird.
Bird: We make more mistakes than you do so don't feel bad. I move that we
approve the CUP for a commercial PUD and f100dway approval in proposed CC
and CG zones for the proposed Silverstone Corporate Center southeast corner
of Overland Roads and Eagle Roads. The Attorney to draw up the Findings of
Facts and Conclusions of Law and the Decision of Order.
Meridian City Council Meeting
April 3, 2001
Page 58
De Weerd: Second.
Corrie: Okay. Motions made and second to have the attorney draw up the
Findings of Facts and Conclusions of Law for approval as noted on item No. 16
on the conditional use permit. Any further discussion? Hearing none, roll call vote
Mr. Berg.
Berg: Thank you Mr. Mayor Members of Council. Roll call vote
McCandless: aye
Anderson: aye
De Weerd: aye
Bird: aye
Berg: All ayes.
Corrie: All ayes. Motion's carried. Well, we're at the standpoint to take ten. We
have item No. 17, 18, 19,20 is a Public Hearing and as stated earlier tonight we
would ~o to 10 and possibly move the Public Hearing of 17, 18, 19,20 and 21 to
May 1 s . So, Council would that be your indication?
Berg: Mr. Mayor. Just on item No. 20 there is a letter to request it to be continued
to the 1ih to be with the variance application. That's the Murdoch preliminary
plat.
Corrie: The 1 th of April?
Berg: Yes.
Corrie: Okay.
Bird: Mr. Mayor
Corrie: Yes Mr. Bird.
Bird: How many applicants have signed up for public testimony? Have we got
that?
Corrie: On the -
Bird: On these three.
Meridian City Council Meeting
April 3, 2001
Page 59
Corrie: ~- Locust Grove, how many people want to testify on that? I think we
have one signed up for and one signed up against. Is that correct? Okay. It's up
to Council if you want to have the hearing. We can do all 3 of those at the same
time.
Bird: Let's go for it.
Corrie: Okay.
Bird: Get it over with.
Item 17.
Corrie: All right. (inaudible) the other 2. Okay.
Item 18.
Item 19.
Public Hearing: AZ 01-002 Request for Annexation and Zoning
of 11.764 acres from RT to R-40 and C-G for proposed Locust
Grove Place by B & A Engineers - west side of Locust Grove
Road, south of Fairview Avenue:
Public Hearing: PP 01-002 Request for Preliminary Plat
approval of 7 building lots and 2 other lots on 11.764 acres in a
proposed R-40 and C-G zone for proposed Locust Grove Place by
B & A Engineers - west side of Locust Grove Road, south of
Fairview Avenue:
Public Hearing: CUP 01-003 Request for a Conditional Use
Permit for a 180-unit apartment complex and a planned
development in a proposed R~40 and C-G zone for proposed
Locust Grove Place by B & A Engineers - west side of Locust
Grove Road, south of Fairview Avenue:
Corrie: At this time I'll open the Public Hearing on item No. 17, 18 and 19. Item
No. 17 is request for annexation and zoning. Item 18 is request for
preliminary plat on Locust Grove Place. Item No. 19 is a request for
conditional use permit for a 180-unit apartment complex and planned
development in Locust Grove Place. So at this time I will open the Public
Hearing and entertain the comments from staff first on all three items and
their presentation.
Stiles: Mr. Mayor, Council. This is for the property 11.764 acres located south of
Fairview Avenue on Locust Grove Road. This is the Intermountain
Outdoor Sports facility here. Mr. Centers had a previous apartment
complex approved in this location but back behind Danbury Fair. This is
the junkyard, or the auto salvage facility.
(inaudible discussion)
Meridian City Council Meeting
April 3, 2001
Page 60
Unknown Speaker: It's still in the county so it's a salvage yard.
Stiles: They're proposing zoning of R 40 and CG. The Planning and Zoning
Commission recommended that the CG be changed to CC which the
applicant has agreed to and also that the R 40 designation be limited to a
maximum density of 20 units per acre. Hopefully you've all read the
recommendations from the Planning and Zoning Commission on this.
They had some different ideas about what should be restricted in the -
what would normally be permitted in the CC zone which would outright
prohibit the car washes, convenience stores, department stores and
entertainment centers. Staff would recommend that also restaurants.
Planning and Zoning Commission recommended that the restaurant be
allowed on lot 7 and 8. (inaudible) going to have to help me with where
those are. The 7 and 8 would go here?
Unknown Speaker: Yeah that's 7 and 8.
Stiles: Okay. They recommended that those be allowed to have a restaurant.
And that 2 and 3, would that be these here? Since they're adjacent to
residential use. And that if they came in for restaurant with a conditional
use permit that we could consider conditional use permit on those 2 lots.
Additionally the Planning and Zoning Commission would recommend that
any of the uses on lots 1 through 5 be restricted to hours of operation, or
actually all of these be restricted to hours of operation from 7 AM to 10PM.
Here is an existing - It's hard to tell. There are actually 2 existing
drainages and ditches along here. The applicant is proposing to leave one
open and to pipe the other and also would provide a pathway adjacent to
the, is it Jackson, Jackson stub drain as is required in our comprehensive
plan. Also have the Settler's Canal there. Staff would recommend
approval of the annexation and zoning with the revision to the CC zone
and the preliminary plat and conditional use permit with the
recommendations of the Planning and Zoning Commission. In addition, as
part of their pathway, I believe, the pathway would be constructed by the
applicant. I believe the Planning and Zoning Commission had a
recommendation that they wouldn't construct this until the City wanted to
take it over but we would like it to be constructed and the parks director
has indicated that once they construct that pathway the City would be
willing to take over the actual pathway itself but not the adjacent
landscaping for the pathway. Questions?
Corrie: Thank you Miss Stiles. Okay. Any questions from Council?
Bird: Mr. Mayor
Corrie: Mr. Bird.
Meridian City Council Meeting
April 3, 2001
Page 61
Bird: Shari, I've got a question to ask. What would we restrict in that location in
the hours of 7 to 10 if they were thinking of putting a restaurant in?
Restaurants between 6 and 9 probably have as good a business as any
because of breakfast. I mean I don't want a bar or something like that in
there but I don't know why we're restricting them from 7 to 10. What was
the logic behind that?
Stiles: I really don't know. Maybe Ona could elaborate on that. I know some of it
was because of the adjacent Danbury Fair subdivision. I don't really know
except that they might have been afraid that it would be a 24-hour
operation.
Bird: (inaudible) Danbury subdivision in fact right up to it isn't there a
(inaudible discussion)
Stiles: These are single family residential units here and back behind.
Bird: The retail lots are right there right?
Stiles: Yes
Bird: Am I not right?
Stiles: Yes.
De Weerd: That stub isn't opening up is into that? They're not opening that stub
are they?
Stiles: No. They're going to shut that off since it's only one lot depth there they
won't need to be putting in a turn around and they didn't feel it would be
compatible with that to extend a public road through there.
Corrie: Any other questions?
Bird: I have none.
Corrie: Okay. The applicant since there's 3, I'll put it at 10 and see where you
are.
Powell: Mr. Mayor, Council members. My name is Ona Powell. I work for B & A
Engineers and I'm here representing Lee Centers. Our office is located at
5505 west Franklin Road Boise 83705. Given the late hour, I'm going to
try and error on the side of brevity for the sake of us all. Just to go over the
project a little bit. It is an apartment complex and apartments are kind of
Meridian City Council Meeting
April 3, 2001
Page 62
ring around the central open space. There's 180 units. Out front is the
office development that we saw a few pictures of before and there are the
six separate lots there. When we originally turned in the application, we
did ask for CG zoning but the staff has asked for CC and we don't have
any problem with that. Also in the original application this was shown as a
stub road and we - ACHD wasn't too interested in that so we're asking
that just be a private driveway basically. We'll put it on a separate lot and
the apartment complex as well as the individual owners of these lots will
all have joint access agreements on that. As you saw by the surrounding
uses this is an urban in fill project and we have done our best to kind of
make it fit in with the neighbors. We think that the apartment complex is a
good mix between the commercial uses up to the north and tapering.
We've done our best to be good neighbors with Danbury to the south.
Also, within the site itself, the commercial provides a buffer to the
apartment complexes. There was a couple other features I wanted to point
out. There is a drain feature off site up here that's not working too well so
we're re doing the drain and bringing it along here and then it goes
through the Penn station site and out. That becomes an important design
feature when we try to accommodate the neighbors because we're going
to have a large 20-foot easement in this area. What we've done over here
is provide some garages to buffer the view and the noise of these units
here to the residents over here. But we weren't able to do that over here.
We have worked with the owners to do a double fence on that property so
no light will get through and we also talked to him tonight about doing a,
building up his property a little bit so that the fence sits a little higher. The
Planning and Zoning Commission did leave some wiggle room to do up to
an 8 foot fence along there but if it's owner would rather keep it at 6 feet,
we'll maybe just build up the land a little bit. Also as part of the
neighborhood meeting that we had, we worked with the neighbors over
here to try and come up with a way to screen those garages. They provide
a nice buffer but they are still there. We proposed to give them 2 to 3 trees
that they would plant in their back yards to screen those garages or
whatever they wanted to screen. If they wanted to put them in their front
yard then that's fine too but we'll just drop them off for their use. Getting to
the restrictions on the land, on the uses allowed in the CC zone, the main
concern was the restaurant here. No one envisions a full sit down
restaurant I think at this point. We're more thinking along the lines of just if
somebody wanted to have a yogurt shop in there. In your zoning
ordinance that kind of falls under the definition of restaurant or a sandwich
shop or a little place to grab a bite to eat. We're not at this point
envisioning that these are the type of units that would have a full-fledged
restaurant but if you would like to lessen the restriction on hours we
wouldn't complain. It would be nice to have a little more flexibility on the
hours for public operation but we had agreed with what staff had said
before. There are also, Shari talked about the pathway coming down here,
it would connect to Locust Grove as requested by the Planning and
Meridian City Council Meeting
April 3, 2001
Page 63
Zoning Commission. We'll also bring a pathway from the stub street down
there to Locust Grove and that was another request of the Planning and
Zoning Commission. I want to briefly go over what the traffic report said
only because the neighbor that is here has concerns with the traffic issues
so I just wanted to outline what ACHD has said. They have asked Mr.
Centers to build a left~hand turn lane into the project. The other plans for
widening Locust Grove would accommodate the expected traffic levels.
That was, it's in their five year plan. We hear that they're moving it up but
for sure it is in their five~year plan to widen Locust Grove to 3 lanes. I did
prepare some mission statements. There was just a few minor things and
I'm sorry I didn't get these to you before. I just learned about mission
statements at 4:00 today.
(inaudible discussion)
Powell: There we go. It's a last minute batch. I did want to - There were just a
couple really minor things to go through. I guess I'll start with the
conditional use permit. The recommendation 17 I believe said something
along the lines of the parking and storage requirements would be waived.
We'd love to have the parking requirements waived but I think what it was
really meant to say was the boat and RV parking storage requirements
would be waived. Did everybody follow that? Perhaps not. Okay. Then 2
additional recommendations if we - one is that pathway that's along here
what - We've been working with your parks department to get that
dedicated to the City. In order to dedicate that to the City we need to put it
on a separate lot and once it's on a separate lot we were concerned about
providing set backs from that lot. The intent of number 28 is to have the
City acknowledge that there's not a need to have set backs from the lot
because it will be quite close in that area right there. That is the intent of
number 28. The intent of number 29 is just a little bit of a peculiarity with
your comprehensive plan in that it requires a conditional use permit for
any use proposed within this comprehensive plan designation so we're
asking that you just acknowledge that we have done a conditional use
permit so that if a principal permitted use wanted to go into one of these
lots that it could without having to go through a conditional use permit. If
it's conditional use it would still come back for - Any questions on that one
before I move on? On the rezone application there is a couple of little
things. One gets back to the hours of operation. We were asking that you,
on number 5 that you clarify that it's public hours of operation so that if an
accountant wanted to work at 1 :00 in the morning it would be okay on April
14th. Then on 40, if that could be modified slightly to read outdoor
entertainment centers so that it wouldn't preclude say someplace that had
video games or pinball machines something of that sort. Those were the
only items there. I did want to kind of reiterate on the pathway issue along
the Jackson drain that we've worked with the P&Z and staff so that we
wanted to make sure the City was going to take over dedication of that
Meridian City Council Meeting
April 3, 2001
Page 64
pathway before it was constructed because we don't want to just have it
sitting there, unless the City is going to take over ownership of that
pathway. That's why in the P&Z recommendation it is the way it is. We just
wanted to make sure you all wanted that pathway before we built it. That's
alii have to say.
De Weerd: Mr. Mayor
Corrie: Mrs. De Weerd.
De Weerd: Are you doing this in phases or all at once? What are your plans on
that?
Powell: Mr. Centers might be better able to speak to that. I have not heard of it
being phased at this point though.
De Weerd: Then just to follow that, your businesses, are you putting in buildings?
Do they have a certain design criteria? Are they similar in look?
Powell: We provided pictures of buildings that would be similar in look. I know
Shari had those up a moment ago. She can flash back to those if you'd
like.
De Weerd: I thought I saw that but they're all going to be built at the same time
then? So you won't have empty pads?
Powell: No.
De Weerd: Okay. No more questions.
Corrie: Okay.
Anderson: Mr. Mayor
Corrie: Mr. Anderson.
Anderson: I guess I haven't seen anything. What's the type of construction on
the apartments? Are they 2 story, 3 story, wood siding, masonry-
Powell: They're 3 siding or 3 story, sorry, it's getting late-
Bird: 3 siding huh?
Powell: - horizontal siding. The Planning and Zoning Commission did have some
request for some of the facades. I think it's this one right here that we add
some windows here so that you'd have a small window in the bathroom, a
Meridian City Council Meeting
April 3, 2001
Page 65
frosted window so it would be 2 more windows on each of these and then
one I think on these, 3 going down. Originally we tried to keep windows at
a minimum because of privacy for the surrounding property owners but we
don't have any problem putting those windows in it.
Anderson: So, it's a masonite siding, or what is it?
Powell: I believe it's vinyl siding. Yeah.
Anderson: Composition roof?
Powell: That's generally what he uses. Yes. We haven't talked about it too much.
Anderson: How many garages are being provided?
Powell: There are, just a moment, 36 garages. There's a total of 409 parking
spaces for just the apartment complex and then another 106 for the
commercial.
Anderson: How many bedroom units, one to three?
Powell: There are 72 one bedroom, one bath units. There are 84 two bedroom,
two bath units and 24 three bedroom, two bath units.
Anderson: You're providing recreational facilities for them or anything like that?
Powell: There's a swimming pool and also a tot lot and a clubhouse. There's the
tot lot, swimming pool, clubhouse. It's kind of nice. It makes a nice interior
green space for them. If you look at the elevations, the elevations that look
onto the open space or green space are the most attractive. It'll be a nice
courtyard.
Corrie: Do I understand you correctly on the item No.4? Developer agrees to
restrict the use of the proposed auto washing, department stores,
entertainment centers outdoors?
Powell: Yeah. Just the outdoor entertainment centers if that would be okay. Yes
that's fine.
Corrie: Just so I heard you right. Anything else?
Bird: Nothing.
Corrie: Council, any questions? Okay. All right. Thank you. Public testimony, I
believe we have Richard Livingston.
Meridian City Council Meeting
April 3, 2001
Page 66
Livingston: Mr. Mayor, members of the Council. My name is Richard Livingston. I
reside at 1288 north Locust Grove Meridian Idaho, which is; I have a 2-
acre piece of property directly across the street from this proposed
development. I do not have any objections to this going in as far as the
development goes. My concern is strictly on traffic and the condition of the
road as it is today and I have a traffic report of October 18, 2000 that as a
daily car trip of 6,326 vehicles on that road. I believe on the plat that I read
on, they're anticipating somewhere in the area of 1660 vehicle trips per
day which brings you to somewhere in the area of 7,986 or very close to
the 8,000 car capacity, which that road would be maxed out at. So I'm
concerned about the traffic and Thursday, the Planning and Zoning
Commission will be looking at an additional apartment complex going in
directly north of me, another 216 units. If that is also approved and goes
in, then we're talking probably another 1,000 car trips a day or more and
we're talking about grid lock and almost unbearable situation as far as
traffic. So I don't know if this is the place to voice that concern or not. I'm
kind of real green at this kind of a thing. Also I'm with the businesses right
there going in across I'm concerned, I think I saw in one of the pictures, it
looked like there was a berm between the road and parking there?
Powell: Down below there.
Livingston: Right on that area? Is that correct? Did I see that correctly? At least
give me some relief from the headlights of cars turning in and coming in
and going out of the different businesses? If that's the case, I have no
problems there. I may have a problem with an outdoor video game facility
going in there. If it's going to have the tendency to draw many young
people that are going to be staying up late at night and doing what young
people sometimes do, just from a safety standpoint. I compliment the
planners. It looks like a very nice complex and probably would be an
upgrade for the neighborhood, so I'm not against that at all, I do have
traffic problems is the main concern I have. Thank you very much.
Corrie: Thank you. Any comments from the developer on the questions he
might have had, traffic?
Centers: Lee Centers. 325 Meridian Street. I've never known the ACHD to fix
anything until it got bad. So, I don't know what you do.
Corrie: I don't have it with me but I think that's road between Fairview and
Franklin's going to be a straight shot and they're-
Centers: Yes.
Corrie: ~~ going to be five laned anyway.
Meridian City Council Meeting
April 3, 2001
Page 67
Centers: They've already bought the right-ofpway and I think, what I've heard
and you may know more, is they're suppose to step that over pass and get
Locust Grove improved sooner than the five years.
Corrie: We're hoping so.
Centers: It is vinyl siding. It'll be a composition architectural roof. The pads out
front those will be built as tenants come along. Some might be a core and
shell with tenant improvements and others might be a pad sitting there
before they're built. Our intention isn't for them to all look the same.
They're supposed to look different. Similar in construction, you know and
that's what the pictures would illustrate but we didn't want them all to look
the same. They should have different looks to them.
De Weerd: You do have standards in materials-
Centers: Yes. We'll have CC and Rs that'll spell out -
De Weerd: You're not going to have a red and white building and next to it a
green and blue and -
Centers: No. They're a stucco brick type mix.
De Weerd: And you will be maintaining the pads?
Centers: The complex will get built all at once. It's the light office pads; those' II
go individually.
Bird: As it's leased or sold.
De Weerd: The video game that he was talking about before. That will have
hours, won't it?
Centers: You know, I don't hope we ever get to that point. That one down there
on the corner of Fairview and Locust Grove is a zoo, people going in and
out of there. We're hoping that we don't get that. That's not what we're
looking for.
De Weerd: But even if you did would it be the 7 to 10 hours.
Centers: If it's a video store you need to make it a conditional use and make
them come back in here. I don't know. (inaudible)
Corrie: At least you're in agreement to that part of it. That's good.
Centers: Yeah.
Meridian City Council Meeting
April 3, 2001
Page 68
Corrie: Okay. Any other questions?
(inaudible discussion)
Corrie: Okay. Thank you very much. Okay. Any questions from the Council on
the Public Hearing? Pardon?
Bird: Do we have any more testimony?
Corrie: No. There's nobody signed up. There isn't any other testimony from the
public is there?
Bird: I have none then.
Corrie: Okay. Hearing none, I'll entertain a motion to close the Public Hearing
on item 17, 18 and 19 the Locust Grove Place.
Bird: So moved.
Corrie: Motion made.
McCandless: Second.
Corrie: Second to close the Public Hearing. All those in favor say aye.
MOTION CARRIED: ALL AYES
Corrie: Let's take the request for annexation and zoning, item No. 17 first,
discussion?
Bird: I have none.
Corrie: Okay then I'll entertain a motion for the annexation and zoning.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move that we approve the request for annexation and zoning of 11.764
acres from RT to R40 and CC for the proposed Locust Grove Place by B & A
Engineers west side of Locust Grove south of Fairview Avenue and the Attorney
to draw up Findings of Facts and Conclusions of Law and Decision of Order.
De Weerd: Second.
Meridian City Council Meeting
April 3, 2001
Page 69
Corrie: Okay. Motions made and second to have the Findings of Facts and
Conclusions of Law and necessary papers and the affirmative action. Any further
discussion? Hearing none, roll call vote Mr. Berg.
Berg: Thank you Mr. Mayor members of Council. Roll call vote.
Bird: aye
De Weerd: aye
Anderson: naye
McCandless: aye
Corrie: three ayes one naye. Motion's carried. (inaudible) weren't quite ready for
that one. Go ahead Mr. Anderson.
Anderson: I just wanted to clarify its not that I'm against the project. It's what we
talked about earlier tonight. I don't know if you were here but we're dealing with
some real growth issues here in Meridian and we're struggling with keeping up
with basic services and so until we know the outcome of an election that we're
going to do next month I'm pretty much opposed to bringing anything new into
our community that's going to burden our already stretched police, fire and parks.
I voted no earlier tonight on a 214-unit subdivision or single family home
subdivision and because of the size of this 180-unit apartment. That's why I
voted in the negative tonight.
Corrie: Okay. Thank you Mr. Anderson. Item No. 18 is a request for preliminary
plat for Locust Grove Place. Any further discussion? Hearing none, I'll get a
motion on the preliminary plat.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move that we approve the preliminary plat approval 7 building lots and 2
other lots on 11.764 acres in the proposed R40 and CC zone for proposed
Locust Grove Place by B & A Engineers and the Attorney to draw up the Findings
of Facts and Conclusions of Law.
De Weerd: Second.
Corrie: Motions made and second to approve the plat to a CC zone and to have
the attorney draw up the proper orders and decision. Any further discussion?
Hearing none, Mr. Berg roll call vote please.
Meridian City Council Meeting
Apri13, 2001
Page 70
Berg: Thank you Mr. Mayor, members of Council. Roll call vote.
McCandless: aye
Bird: aye
De Weerd: aye
Anderson: naye
Corrie: Three ayes, one naye. Motion's carried. Item No. 19 is request for
conditional use permit. Any further discussion on that?
Bird: I have none.
De Weerd: None.
Corrie: Hearing none, I'll entertain a motion on the conditional use permit
request.
Bird: Mr. Mayor
Corrie: Mr. Bird.
Bird: I move that we approve the conditional use permit for 180 unit apartment
complex and a planned development in a proposed R40 and CC zone for
proposed Locust Grove Place By B & A Engineers and for the Attorney to draw
up the Findings of Facts and Conclusions of Law and Decision of Order.
De Weerd: Second.
Corrie: Motion's been made and seconded to approve the request for
conditional use permit in a proposed R40 and CC zone for Locust Grove and for
the Attorney to draw up the Findings of Facts and Conclusions of Law. Any
further discussion? Hearing none, Mr. Berg roll call vote please.
Berg: Thank you Mr. Mayor members of Council roll call vote
Bird: aye
Anderson: naye
McCandless: aye
De Weerd: aye
Meridian City Council Meeting
April 3, 2001
Page 71
Item 20.
Public Hearing: PP 01.004 Request for Preliminary Plat
approval of 11 building lots and 2 other lots on 20.26 acres in an R-
8 zone by J-U-B Engineers for proposed Murdoch Subdivision
No.2 - east of Locust Grove Road, south of Medimont NO.2:
Item 21.
Public Hearing: PP 01.003 Request for Preliminary Plat
approval of 23 building lots and 3 other lots on 9.24 acres in an R-4
zone by Hubble Engineering for proposed Ashford Greens No.6 -
Black Cat Road, north of Cherry Lane:
Corrie: Three ayes, one naye. Motion's carried. Okay. Item No. 20 and 21 have
been asked to be continued so I will entertain a motion to continue item No. 20
Public Hearing until April 1 ih at the request of the applicant.
Anderson: What was the date they requested that tabled to?
Corrie: I think that -
Bird: April 17th
(
(inaudible discussion)
Corrie: Yes. Just 20.
Bird: 20 they wanted to 5-1 didn't they?
Corrie: And 21 they wanted to May 1st.
Bird: 21 to 5-1.
Anderson: Mr. Mayor.
Corrie: Mr. Anderson.
Anderson: I would make a motion then that we postpone or continue the Public
Hearing on the request for preliminary plat approval for 11 building lots and 2
other lots on 20.26 acres in an R8 zone by JUB Engineers for the proposed
Murdoch Subdivision NO.2 until April1th.
McCandless: Second.
Corrie: Okay. Motion's been made and seconded to continue the Public Hearing
on item No. 20 at the request of the applicant until April 17, 2001. Any further
discussion? Hearing none, all those in favor say aye.
Meridian City Council Meeting
April 3. 2001
Page 72
MOTION CARRIED: ALL AYES
Corrie: I'll entertain a motion for the request item 21 to be extended until May 1st
at the request of the applicant.
De Weerd: Mr. Mayor.
Corrie: Mrs. De Weerd
De Weerd: I move we continue until May 1st the request for preliminary plat
approval of 23 building lots and 3 other lots on 9.24 acres in an R4 zone for the
proposed Ashford Greens NO.6.
Bird: Second
Corrie: Motion's been made and seconded to approve the Public Hearing
continuation at the request of the applicant to be continued until May1, 2001. Any
further discussion? Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: ALL AYES
Item 22.
FP 01-005 Request for Final Plat approval for 87 building lots and
4 other lots on 25.27 acres for Autumn Faire Subdivision No. 2
by Gem Star Properties, LLC - south of Ustick and west of Black
Cat Roads:
Corrie: Item No. 22 is a request for final plat approval of 87 building lots and 4
other lots on 25.27 acres of Autumn Faire Subdivision No.2 by Gem Star
Properties south of Ustick Road and west of Black Cat. Staff comments first,
reason for the request. Maybe you can clear up something for Keith (inaudible)
Autumn Faire Subdivision NO.2 they're about to hear that in about 2 weeks but I
think it's a different-
De Weerd: (inaudible) phase 2.
Corrie: Yeah. Must be something there.
Stiles: No. Yeah, I've got the wrong information on my. This is not the right stuff
on this. That's something you'll see later.
Corrie: Okay, so what do you suppose we do just table it?
Stiles: Well, this is for phase 2 of - it gets confusing when they name 2 things
the same thing. They're coming in with Autumn Faire Subdivision No. 2 a
preliminary plat but this is also Autumn Faire Subdivision NO.2 phase 2 and-
Meridian City Council Meeting
April 3, 2001
Page 73
Bird: Where do you see phase 2?
Stiles: -- you have our comments dated March 30, 2001.
Bird: This isn't phase 2. This is just subdivision NO.2.
(inaudible discussion)
De Weerd: On their application it says subdivision and phase NO.2.
Stiles: This is part of what has already been approved as a preliminary plat as
Autumn Faire Subdivision NO.1. They come in with a final plat on phase 1 of
Autumn Faire Subdivision. This is phase 2 of Autumn Faire Subdivision, which
would, but up to this area here. The sky pilot drain runs through I guess roughly
there. Since the preliminary plat has already been approved, we'd recommend
approval with all staff and agency comments. We don't have any response back
from the applicant on this but I wouldn't think that they're - Scott's here, he can
address whether there's any problem with any of the comments that we've made.
80 by 100 lots just went like -
(inaudible discussion)
Corrie: Can you explain where we're at? Do you have any comments different
than the -
Stanfield: No. That appeared to be in line with the preliminary plat approvals. I'll
make it real quick. I know the confusion over the Autumn Faire preliminary plat
and what later became Autumn Faire 2 preliminary plat, which was south of the
sky pilot drain. We've talked with Cheryl at the City of Meridian and
***End of Side Five***
Stanfield: -- preliminary plat t 0 be Autumn Faire Crossing. We cross the sky pilot
drain. So this indeed before you tonight is construction phase NO.2 part of the
previously approved Autumn Faire preliminary plat. Does that make any sense?
Okay.
(inaudible discussion)
De Weerd: Where is that?
Corrie: Where is it on this map?
Stanfield: It is - I'll approach the map and -
De Weerd: It shows where phase one was -
Meridian City Council Meeting
April 3, 2001
Page 74
(inaudible discussion)
Stanfield: Phase 1 is approximately right through here. Phase 2 extends phase 1
down like this, not quite that far, probably like this.
Bird: It don't get down to the park area does it Scott?
Stanfield: No. No sir.
Corrie: Do you have any questions for Scott?
Bird: I have none Mayor.
Corrie: Okay. Thank you Scott.
Stanfield: thank you.
Corrie: Any questions for staff? Okay. Hearing no further questions and
discussion I'll entertain a motion on the final plat approval on item No. 22
(inaudible)
De Weerd: Mr. Mayor, I move we approve the final plat for Gem Star Properties
for their Autumn Faire Subdivision construction phase 2 and to include all staff
comments for the City Attorney to draw up the Findings of Facts and Decision of
Order, or proper paperwork.
Bird: Second.
Corrie: Motion is made and Mr. Bird (inaudible) to approve the request for final
plat in item NO.22 and the attorney to draw up the proper order. Any further
discussion? Then, All those in favor of the motion say aye.
MOTION CARRIED: ALL AYES
Item 23.
TE 01-003 Time Extension on the preliminary and final plat
originally approved on April 14, 2000 for Wilkins Ranch
Subdivision by Briggs Engineering, Inc. - NW % Section 3, T3N,
R1W:
Corrie: Item No. 23 is a time extension to preliminary plat and final plat originally
approved on April 14, 2000 for'Wilkins Ranch Subdivision by Briggs Engineering.
Staff, time extension req uest.
Stiles: You're on time extension?
Meridian City Council Meeting
April 3, 2001
Page 75
Bird: Yeah for Wilkins.
Stiles: We'd recommend approval to record the final plat by April, I believe it
was really April18, 2002.
Corrie: This was due to the complexity of design concerning drainage issues?
Okay. (inaudible) Okay.
Bird: She had no problems with that did she?
(inaudible discussion)
Corrie: No. We just (inaudible) No. This is the preliminary and final plat originally
approved. You want a time extension on it right?
Unknown Speaker: Yeah. (inaudible)
Stiles: The-
Unknown Speaker: -- The ordinance tonight.
(inaudible discussion)
Corrie: Oh, is that one on the consent agenda. So, we need to wait - no we can
do this? Oh, it's okay then. All right. Okay. City Clerk said we just on the consent
agenda approved the development agreement so we can't go to the preliminary
and final plat extension at this point.
Bird: Mr. Mayor
Corrie: Mr. Bird.
Bird: I move that we approve the time extension on the preliminary and final plat
originally approved on April 14, 2000 for Wilkins Ranch Subdivision by Briggs
Engineering Incorporated until April 1 , 2001. Oh, wait a minute, we're in 2001, I'm
sorry 2002.
(inaudible discussion)
Bird: I'm just a year behind.
Corrie: Okay. Motions been made and seconded to extend the time extension
until April 2002. Okay. Any further discussion? All those in favor of the motion
say aye.
Meridian City Council Meeting
April 3, 2001
Page 76
MOTION CARRIED: ALL AYES
Item 24.
TE 01-004 Time Extension to sign and record plat originally
approved on April 18, 2000 for Overland Mini Storage by
Overland Mini Storage, LLC - 1230 East Overland Road: Approve
Extension to April 1 , 2002
Corrie: The last item, next to the last item, is item 24. Time extension to sign
and record plat originally approved on April 18, 2000 for Overland Mini Storage
by Overland Mini Storage. Miss Stiles comments?
Stiles: This is the property over on Overland Road where they already started
building the pads for those, I don't know what's going on with that thing. I guess it
wouldn't hurt to extend it as long as they meet the conditions of the original
approval.
Anderson: It's getting late.
De Weerd: I'm shocked.
Bird: Mr. Mayor
Corrie: Yes, Mr. Bird.
Bird: I move that we extend the time extension to sign and record plat originally
approved on Aril 18, 2000 for Overland Mini Storage by Overland Mini Storage
LLC until April 1 2002.
Corrie: Okay. DO I hear a motion to second?
Anderson: Second.
Corrie: Motions made and seconded to approve the time extension to sign and
record plat originally approved on April 18, to extend to April 18, 2002 for mini
storage. Any further discussion? Hearing none, all those in favor of the motion
say aye.
MOTION CARRIED: ALL AYES
Corrie: I think there's a couple of things that I didn't have on there but I believe
Keith you had one.
Bird: Mr. Mayor I do have one that we needed to get on here. I'll turn it over to
Mr. Nichols. It's that settlement that we had with the K-9 officers that we need to
get passed. Mr. Nichols do you need-
Meridian City Council Meeting
April 3, 2001
pagen
Item 25.
Release and Settlement Agreement with Gary Scheihing and Jeff
Lavey:
Nichols: Mr. Mayor members of the Council. You'll note that this is the item that's
already been discussed with Council and submitted for your approval. We just
need the Council to authorize the Mayor to sign so that we can have this part of it
finished.
Corrie: Any questions? We had (inaudible)
(inaudible discussion)
Bird: Mr. Mayor.
Corrie: Yeah. I apologize for that. Yes Mr. Bird.
Bird: I move that we pass this release and settlement agreement with the officers
Gary Scheihing and Jeff Lavey and for the Mayor to sign and the Clerk to attest.
Anderson: Second
Corrie: Motions been made and second to have the Mayor sign and the clerk to
attest on the canine settlement. Is there any further discussion? Hearing none, all
those in favor of the motion say aye.
MOTION CARRIED: ALL AYES
Corrie: Just one other item. Does anybody have any questions on the finance
director Stacie Kilchenmann?
Bird: You pronounce it.
Corrie: (inaudible) Keith and I and Pauline and Janice met. Keith was not able
to be at this one but the other three of us had Stacie on the table and talked to
her.
(inaudible discussion)
Corrie: If anybody has any questions, she's the one I'm going to put in
command. Keith said he would back me up on everything I said.
Bird: I agree with you.
Corrie: If you have any questions, she was the top candidate to come out and
the next one was the fellow from Washington. It was an ex council and finance
Meridian City Council Meeting
April 3, 2001
Page 78
director in (inaudible) but Stacie has been with the state corrections for 9 years.
She's had experience in the budgeting, grant writing, I don't think she had much
on the union contract but she's willing to learn real quick. She has done 41 grants
so far this year has a staff of 13. She's head of the senior budget analysis and
senior accountant and purchasing agent. She's done the purchasing. So, she's
done pretty much everything that we need. She has a good repor with the
governor's office and legislature. That's good form my standpoint and your too I
expect. Any questions?
Anderson: When are you looking at bringing her on board?
Corrie: In 2 to 3 weeks. Hopefully by the last of April. She said she needs at
least a couple weeks to let them know and then she. I told her to hit the ground
running. With me as a Mayor she's going to have to with my (inaudible) Any other
questions?
Bird: Mr. Mayor
Corrie: Mr. Bird.
Bird: Do you not want to appoint her next Tuesday even though it is a workshop.
So Will you will have to advertise we'll have a special meeting just for that one
thing. We need to get her on board give her two so she can get her two weeks
going.
Anderson: Will she be here at that meeting so we can meet her?
Corrie: Yes.
Bird: We certainly can.
Corrie: 6:15? Yeah that'll be fine. It won't take us very long. All right.
De Weerd: Mr. Mayor.
Smith: Mr. Mayor I just wanted to make an announcement for you and the
Council. Effective April 1st Brad Watson is our City Engineer and so all problems
shall be funneled to Brad's office.
Bird: You got smart Gary.
Smith: Brad's been a real assetto us and to me. I really appreciate his expertise
and hopefully we can be successful in hiring a staff engineer now to help with
some of the engineering duties that Brad's doing. So that I can turn loose of
some of the stuff I'm doing to Brad and get into a little more administrative work.
Meridian City Council Meeting
April 3, 2001
Page 79
Corrie: Does that mean we get 0 playa little more golf than we have?
Smith: I don't think we've played any Mayor.
Corrie: Once a year would be more golf than we have. Okay. Thank you Gary.
That's good news.
De Weerd: Congratulations Brad.
Watson: Thank you.
De Weerd: D you have anything to say?
Bird: He'll be here on Tuesday night so we can get him.
De Weerd: Mr. Mayor.
Corrie: Yes Mrs. De Weerd.
De Weerd: All of us got a copy form the Ada County Development Services on
the temporary use application for the Idaho Power generators. There is a 15-day
comment period. Is there anything anyone wants to comment regarding this?
Anderson: Mr. Mayor
Berg: We discussed it at the fire meeting. I think Kenny was going to contact
them and ask them to provide some training to the fire department on what to do
if there's a fire or a situation with one of those. That's the only comment that I've
heard.
Corrie: I did also talk to Goodson and we talked about that very same thing and
he wants to have the training for them too. Yes,
Smith: Mr. Mayor, Council. One of the sites that they're proposing is out at
TenMile and Ustick Road. Right next to, well across the creek from our entrance
to the wastewater plant. I did talk to John Charcroft about that if he had any
concerns and he responded that he did not.
Corrie: We're going to have Lane Dotson here April 24th as well to kind of
explain all this to us. I've already talked to him and they followed up with the fire
department for training.
Anderson: Mr. Mayor. The last thing I had is on some of these recommendations
it looks like some kind of oriental writing. It's hard to read. Will indicated that
there's some type of problem with the font or the version that the attorney's
using. Could you guys maybe get the same version or same font so -
Meridian City Council Meeting
April 3, 2001
Page 80
Nichols: Councilmember Anderson, Mayor members of the Council. The hard
copies that came over looked tine. It's the electronic copies that were transmitted
to the Clerk and the Clerk chose to print off those so he could do the two-sided
copy. I don't know why but WordPerfect to Word - the only thing I can figure is
Mr. Gates is trying to sink the Corel ----. That's one of the ways he wants. We'll
work on trying to make sure - the format is such that it can be converted over.
We did some stuff in terms of trying to make sure that public works and P&Z
could be able to convert our stuff so we'll try to get it same shape.
Anderson: We'd appreciate it.
De Weerd: I know it.
Bird: (inaudible) it was kind of nice.
Corrie: I held Mr. Berg up not saying anything while I was still having a
conversation with attorney. Mr. Berg, do you have anything to say?
Berg: I'm trying to meet my deadlines. Email gets it there so you can get it your
packets Friday night.
Corrie: All right. I will entertain a motion to adjourn.
Bird: So moved.
Anderson: Second.
Corrie: Motions made and seconded all in favor say aye.
MOTION CARRIED: ALL AYES
MEETING ADJOURNED AT 11 :05
(TAPE ON FILE OF THESE PROCEEDINGS)
APPROVED:
Meridian City Council Meeting
April 3, 2001
Page 81
2001 AP -5 PI'! \: 22
r-""CORDED - REQUEST OF
~EELDEPUTY~
$11 l 0 1 0 3 Il. 6 9
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/\DA C(JUNTY RECORDER
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CITY OF MERIDIAN
ORDINANCE NO. .-f!!..-q 16
AN ORDINANCE FINDING THAT CERTAlN LAND TO BE KNOWN AS TARAWOOD
SUBDNISION 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
SAlD LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED
LOW DENSITY RESIDENTIAL DISTRICT (R-4); AND DECLARING THAT SAlD LAND, BY
PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF
MERlDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES,
RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND
DIRECTING THE CITY ENGINEER TO ADD SAlD PROPERTY TO THE OFFICIAL MAPS OF
THE CITY OF MERlDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF
MERlDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS
TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND
ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT
TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215.
BE IT ORDAlNED BY THE MAYOR AND THE COUNCIL OF THE CITY OF
MERIDIAN, COUNTY OF ADA, STATE OF IDAHO:
SECTION 1. FINDINGS: That the following described land is contiguous and
adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written
request for annexation to the City of Meridian, Idaho, by the owner of said Property to-wit:
A parcel of land lying in the SW 1/4 of Section 20, Township 3 North, Range 1
East, Boise Meridian, Meridian, Ada County, Idaho, more particularly described as
follows:
Commencing at the southwest corner of Section 20, T.3N., R.IE., B.M., thence N
00044'49" E 1327.60 feet to the southwest corner of the N V2 of the SW 1/4;
Thence S 89049'11" E 1273.08 feet along the south line of the N 1/2 of the SW 1/4
to the REAL POINT OF BEGINNING of this description;
Thence N 41053'21" W 263.54 feet to a point;
Thence N 40044'21" W 140.40 feet to a point;
ANNEXATION AND ZONING ORDINANCE (AZ-99-015) - 1
Thence N 28058'20" W 183.69 feet to a point;
Thence S 89056'41" E 57.21 feet to a point;
Thence N 29001'2611 W 233.14 feet to a point;
Thence S 89058'1111 E 57.20 feet to a point;
Thence S 2900126" E 252.05 feet to a point;
Thence S 89056'41" E 1407.08 feet to a point;
Thence S 39002'03" W 301.40 feet to a point;
Thence S 18002'0311 W 105.00 feet to a point;
Thence S 12006'0311 E 117.00 feet to a point on the south line of the N 112 of the SW
1/4;
Thence N 89049'11" W 976.31 feet along the south line of the N 112 of the SW 1/4
to the REAL POINT OF BEGINNING of this description;
Said parcel of land containing 12.797 acres more or less.
SECTION 2: That the above-described real property be, and the same is hereby
annexed and made a part of the City of Meridian, Ada County, Idaho.
SECTION 3: That the real property herein by this ordinance annexed to the City of
Meridian hereinabove described shall be zoned Low Density Residential District (R-4).
SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well
as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of
the City of Meridian in accordance with this ordinance.
ANNEXATION AND ZONING ORDINANCE (AZ-99-015) - 2
SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to
the terms and conditions of that certain Development Agreement by and between the City of
Meridian and the owner of the land described in Section 1 dated the 3/l:!:. day of
~
2001
SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are
hereby repealed, rescinded and annulled.
SECTION 7: This ordinance shall be in full force and effect from and after its passage,
approval and publication, according to law.
SECTION 8: The Clerk of the City of Meridian shall, within ten (l0) days following the
effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in
a draftsman manner plainly and clearly designating the boundaries of the City of Meridian,
including the lands herein annexed, with the following officials of the County of Ada, State of
Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a
certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all
in compliance with Idaho Code &63-2215 and &50-223.
ANNEXATION AND ZONING ORDINANCE (AZ-99-01S) - 3
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ,gal!. day of
~ ,2001.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 31?:!! day of
~ ,2001. -
:z:
?u2-~~/~
CITY CLERK
STATE OF IDAHO,)
fi!:A0f)~j
OR
: ss.
County of Ada.
On this~day of -A-vr~ ,2001, before me, the undersigned,
a 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 vvritten.
(SEAL)
msglZ:\Work\Hislory\M\Meridian\ T arawood SubdivisionlAZ.ORD
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NOTARY VB C
RESIDING: 'd.ifuL, LeL
MY COMMISSION EXPIRES: q'CJb--{)ft;
ANNEXATION AND ZONING ORDINANCE (AZ-99-015) - 4
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CITY OF MERIDIAN
ROBERT D. CORRIE
Mayor
PUBLIC WORKS / BUILDING DEPARTMENT
COUNCIL MEivlBERS
CHARLES iVl. ROl'!'\Tr~EE
GLENN R. BEi'\TLEY
RON ANDERSOi'\
KEITH BIRD
GARY D. SMITH. P.E.
Public Works Director
1c~: ~
,2001
Carl Irminger, President
Irminger Construction, Inc.
3473 Brookside Lane
Boise, 10 83703
RECEIVED
APR - 3 2001
CITY OF MERIDIAN
RE: WELL NO. 18 BY-PASS PIPELINE PROJECT
Dear Carl:
We are pleased to inform you that on March 27,2001, the City Council issued Notice of Award
on your Bid dated March 20, 2001 for the above-referenced project.
Enclosed find three (3) copies of Contract Documents, which will require your execution within
10 days from receipt of this package.
· Agreement must be executed.
· Performance and Payment Bonds must be submitted. Forms from your surety
company may be acceptable.
· Submit copies of Certificates of Insurance, including worker's compensation to the
limits specified in the Owner's Supplementary Conditions. Include the City of
Meridian as additional insured to liability insurance.
· A copy of Form WH-S (copy enclosed); original must be submitted to the Idaho State
Tax Commission.
Please execute these documents and return to our office. One fully signed original agreement
will be sent to you when all parties have signed it. The Notice to Proceed will be issued after the
City executes the Agreement. We can schedule a pre-construction conference for the week April
2. Please contact me for scheduling.
Please call me jf you have any questions. We look forward to working with you on this project.
Sincerely,
;5~~
Brad Watson, P.E.
Assistant City Engineer
Enclosures
cc: Rick Clinton
Bruce Stuart
File
h:\brad_w\w29\irm inger.noa.ltr.doc
200 East Carlton, Suite 100 . Meridian, Idaho 83642
Phone (208) 887.2211 . Fax (20X) XX1-1297
CITY OF MERIOIAN
WELL NO. 18 BY-PASS PIPELINE
NOTICE OF AWARD
To:
Irminger Construction, Inc.
3473 Brookside Lane
Boise, to 83703
Attention:
Carl Irminger
Project: WELL NO. 18 BY-PASS PIPELINE
Contract for: Approximately 2,038 lineal feet of 8-inch PVC water pipe, with necessary valves and
fittings. Also included are connection to existing water supply system, roadway
repair and replacement and related work.
You are hereby notified that your Bid dated March 20, 2001, for the above Contract has been
considered. You are the apparent successful bidder and are being considered for the award of a
contract for the above named project. The Bid Price of your contract is forty two thousand nine
hundred forty nine and 501100 Dollars ($49949.50).
Three copies of the Agreement Form accompany this Notice of Award.
Unless otherwise indicated, you must respond within 10 days of the date of this Notice of Award, as
required by Information For Bidders of the project contract documents. Therefore, you must
respond by April 9, 2001.
1. You must deliver to the Owner three fully executed Agreement Forms.
2. You must deliver with the executed Agreement Forms, the Performance and Payment Bonds
as specified in the Instructions to Bidders.
Failure to comply with these conditions within the time specified will entitle the Owner to consider
your Bid abandoned, to annul this Notice of Award, and to declare your Bid Security forfeited. After
execution of the contract by the City of Meridian, the Owner will return to you one fully signed
Agreement Form.
Please return an acknowledged copy of this Notice.
Dated this 30-dt day of /kd-L--j , 2001.
Acceotance of Notice of Award
Receipt of the foregoing Notice of Award
hereby acknowledged.
By
Approved By City Council:
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF HUBBLE
ENGINEERING, THE
APPLICATION FOR
ANNEXATION AND ZONING
OF 5.4 ACRES FOR KODIAK
DEVELOPMENT, LOCATED
WEST OF MERIDIAN ROAD 112
MILE SOUTH OF OVERlAND
ROAD, MERIDIAN, IDAHO
C/C 03-20-01
Case No. AZ-OO-026
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION
FOR ANNEXATION AND
ZONING
The above entitled annexation and zoning application having come on for
public hearing on February 20, 2001, and continued until March 6, 2001 and March
20,2001, at the hour of 7:30 p.m., and Gary Smith, Public Works Department,
appeared and testified, and appearing on behalf of the Applicant was Jim Jewett, and
no one appeared in opposition, and the City Council having duly considered the
and Conclusions of Law, and Decision and Order:
evidence and the record in this matter therefore makes the following Findings of Fact
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING
KODWC DEVELOPMENT / (AZ-00-026)
Page 1
FINDINGS OF FACT
I. The notice of public hearing on the application for annexation and
zoning was published for two (2) consecutive weeks prior to said public hearing
scheduled for February 20,2001, and continued until March 6, 2001 and March 20,
2001, before the City Council, the first publication appearing and written notice
having been mailed to property owners or purchasers of record within three hundred
feet (300') of the external boundaries of the property under consideration more than
fifteen (IS) days prior to said hearing and with the notice of public hearing having
been posted upon the property under consideration more than one week before said
hearing; and that copies of all notices were made available to newspaper, radio and
television stations as public service announcements; and the matter having been duly
considered by the City Council at the February 20, 2001, and continued until March
6, 2001 and March 20, 2001, public hearing; and the applicant, affected property
owners, and government subdivisions providing services within the planning
jurisdiction of the City of Meridian, having been given full opportunity to express
comments and submit evidence.
2. There has been compliance with all notice and hearing requirements set
forth in Idaho Code ss 67-6509 and 67-6511, and Meridian City Code ss 11-15-5
and 11-16-1.
3. The City Council takes judicial notice of its zoning, subdivisions and
FINDINGS OF FACT AND CONCLUSIONS OF LAW ~
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEElUNG
KODIAK DEVELOPMENT / (AZ-00-026)
Page 2
development ordinances codified at Titles 11 and 12, Meridian City Code, 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 which is the subject of the application for annexation and
zoning is described in the application, and by this reference is incorporated herein as
if set forth in full.
5. The property is approximately 5.4 acres in size and is located west of
Meridian Road '12 mile south of Overland Road. The property is designated as
Kodiak Development.
6. The owner of record of the subject property is the Jim Jewett, of Boise,
Idaho.
7. Applicant is Hubble ~ngineering, Inc., of Meridian, Idaho.
8. The property is presently zoned by Ada County as RUT, and consists of
Residential.
9. The Applicant requests the property be zoned as R-8.
10. The subject property is bordered to the north and west by R-4
residential zoning and subdivisions, to the south by the proposed Valley Shepherd
Church, zoned R-8, and to the east by RUT Ada County zoning with a single family
residential use and heavy truck parking.
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING
KODW( DEVELOPMENT / (AZ-OO-026)
Page 3
II. The property which is the subject of this application is within the Area
of Impact of the City of Meridian.
12. The entire parcel of the property is included within the Meridian Urban
Service Planning Area as the Urban Service Planning Area as defined in the Meridian
Comprehensive Plan.
13. The Applicant proposes to develop the subject property in the following
manner: a possible planned unit development.
14. The Applicant requests zoning of the subject real property as R-8 which
is consistent with the Meridian Comprehensive Plan Generalized Land Use Map
which designates the subject property as Single Family Residential.
15. There are no significant or scenic features of major importance that
affect the consideration of this application.
16. 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 Planning and Zoning and Engineering staff as
follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING
KODW( DEVELOPMENT / (AZ-OO-026)
Page 4
16.1 The requested R-8 zone is permitted and compatible with the
comprehensive plan designation of single-family residential and shall
allow the proposed mix of residential, RV storage and day care center
under a Conditional Use Permit.
16.2 The easterly portion of the subject property can be adequately served by
an extension of the existing sanitary sewer and water located in the Elk
Run Subdivision. Development of the westerly portion of the parcel
shall require extension of the future Black Cat Trunk Sewer.
16.3 The prpposed R-8 zone and mixed use development concepts shall be
compatible with and provide a good transition between the
church/planned development to the south and the single-family
residential to the north.
16.4 Applicant shall be required to enter into a Development Agreement with
the City as a condition of annexation.
16.5 A condition of the Development Agreement shall be that the build-out
gross density of the entire 5.4-acre parcel shall not exceed four (4)
dwelling units per acre, although housing types permitted under the R-8
zone will be permitted.
16.6 A condition of the Development Agreement shall be that future
development and use of the subject property shall occur only through
the Conditional Use Permit process.
16.7 Approximately half of the subject parcel is designated to sewer into the
Black Cat Trunk which shall be constructed in the future through Bear
Creek Subdivision to the west. The other half, fronting Kuna-Meridian
Road, is designated to sewer into the 12-inch sewer that shall be
extended from Elk Run Subdivision. The Bear Creek Subdivision lift
station shall be designed to serve only itself. The lift station shall
discharge into an existing eight-inch gravity sewer line in Overland Road
which shall be at or over capacity at build-out of Bear Creek
Subdivision. The Bear Creek developer and his engineer are aware that
as additional phases are developed, flows into the eight-inch receiving
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING
KODIAK DEVELOPMENT / (AZ-OO-026)
Page 5
sewer shall be monitored and, if capacity is exceeded, they shall be
required to re-route the pressure sewer to the Ten Mile Trunk along the
east-bound off ramp of 1-84. As per P&Z Commission and Council
approval of the Bear Creek project, the lift station is being sized only for
Bear Creek Subdivision. No provisions are being made for any other
development to sewer into it, including Kodiak
Adopt the additional condition and action from City Council's meeting held
on March 20,2001, as follows
16.8 Applicant shall provide any and all necessary easements so that the
sewer extension may be constructed through the property without any
obstructions.
17. 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. 16, 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.
18. It is also found that the development considerations as referenced in
Finding No. 16 are reasonable to require and 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING
KODIAK DEVELOPMENT / (AZ-00-026)
Page 6
potential to produce excessive traffic, noise, smoke, fumes, glare and odors.
19. It is found that the zoning of the subject real property as Medium
Density Residential District (R-8) requires connection to the Municipal Water and
Sewer systems and will be compatible with the Applicant's development intentions,
and will assure that the zoning is consistent with the Meridian Comprehensive Plan
Generalized Land Use Map which designates the subject property as single-family
residential.
20. 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:
20.1 The consideration of the provisions of the Comprehensive Plan and the
requirements of the zoning ordinance assure that the processing of such
application is the management of growth with the aim to achieve high~
quality development. Enhancement of Meridian's quality of life for all
residents is achieved by applying the criteria of the Comprehensive Plan
and the zoning ordinance of the City to all applications such as the
subject application.
20.2 This proposed new growth development will finance public service
expansion by the requirement herein that the applicant comply with the
requests submitted of the political subdivisions responses within the
Meridian Urban Service Planning Area submitted in the record of this
matter.
20.3 The application is consistent with Meridian's self identity.
20.4 The preservation and improvement of the character and quality of
Meridian's man-made environment while maintaining its identity as a
self-sufficient community is achieved by applying the criteria of the
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING
KODW( DEVELOPMENT / (AZ-00-026)
Page 7
Comprehensive Plan and the zoning ordinance of the City to the subject
application.
20.5 Compliance with the requests of the political subdivisions providing
services, assures that community services are being provided for existing
and projected needs and that the land use patterns of the City are
balanced to insure that revenues pay for services and that the Urban
Service Planning Area is visually attractive, efficiently managed and
clearly identifiable.
20.6 Compatible and efficient use of land through innovative and functional
site design is achieved by applying the criteria of the Comprehensive
Plan and the zoning ordinance of the City to the subject application.
21. The property can be physically serviced with City water and sewer.
CONCLUSIONS OF LAW
I. The City of Meridian has authority to annex real property upon written
request for annexation and the real property being contiguous or adjacent to city
boundaries and that said property lies within the area of city impact as provided by
Idaho Code Section 50-222. The Meridian City Code S 11-16 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING
KODIAK DEVELOPMENT / (AZ-00-026)
Page 8
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.A The Goals of the Comprehensive Plan are set forth at Page 5 and
include:
4.1 To preserve Meridian's environmental quality and to make
provisions for and improve the total natural environment
by adopting City-wide and Urban Service Planning Area
policies, which deal with area-specific policies and
programs.
4.2 To ensure that growth and development occur in an
orderly fashion in accordance with adopted policies and
procedures governing the use of land, residential
development the provision of services and the distribution
of new housing units within the Urban Service Planning
Area.
4.3 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.
4.4 To provide housing opportunities for all economic groups
within the community.
4.5 To preserve and improve the character and quality of
Meridian's man-made environment while maintaining its
identity as a self-sufficient community.
4.6 To encourage cultural, educational and recreational
facilities which will fill the needs and preferences of the
citizens of Meridian and to insure that these facilities are
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING
KODIAK DEVELOPMENT / (AZ-OO-026)
Page 9
available to all residents of the City.
4.7 To provide community services to fit existing and projected
needs.
4.8 To establish compatible and efficient use of land through
the use of innovative and functional site design.
4.9 To encourage a balance of land use patterns to insure that
revenues pay for services.
4.10 To create an Urban Service Planning Area which is visually
attractive, efficiently managed and clearly identifiable.
5. The zoning of Medium Density Residential District (R-8) is defined in the
Zoning Ordinance at S 11-7-2 D as follows:
(R-8) Medium Densitv Residential District: The purpose of the R-8 District
is to permit the establishment of single- and two-family dwellings at a density not
exceeding eight (8) dwelling units per acre. This District delineates those areas
where such development has or is likely to occur in accord with the
Comprehensive Plan of the City and is also designed to permit the conversion of
large homes into two-family dwellings in well-established neighborhoods of
comparable land use. Connection to the Municipal water and sewer systems of
the City is required.
6. By authority of the City of Meridian under the Comprehensive Plan, a
conditional use permit is required for Applicant to construct and develop a possible
planned unit development.
7. 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).
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page
10
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERlNG
KODIAK DEVELOPMENT / (AZ-00-026)
8. 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 12-2-
4 which pertains to dev~lopment time schedules and requirements; Section 12-4-13,
which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to
pressurized irrigation systems.
9. The development of the property shall be subject to and controlled by the
Zoning and Subdivision and Development Ordinances of the City of Meridian.
10. Section 11-16-4 A of the Zoning and Development Ordinance provides in
part as follows:
If property is annexed and zoned, the City may require or pennit, as a 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 ovvner of the parcel. Unless the commitment is
modified or terminated by the City Council, the commitment shall be binding on
the owner of the parcel, each subsequent owner, and each other person acquiring
an interest in the property. A commitment is binding on the owner of the
property even if it is unrecorded; however, an unrecorded commitment is binding
on subsequent owners and each other person acquiring an interest in the property
only if the subsequent owner and each other person acquiring an interest in the
property has actual notice of the commitment.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page
11
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING
KODIAK DEVELOPMENT / (AZ-OO-026)
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 5.4
acres to Medium Density Residential District (R-8) is granted subject to the terms and
conditions of this Order hereinafter stated.
2. The application is for annexation and zoning of 5.4 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 that provides in the
event the conditions therein are not met by the Developer that the property shall be
subject to de-annexation, with the City of Meridian, which provides for the following
conditions of development, to-wit:
Adopt the Recommendations of Planning and Zoning and Engineering staff as
follows:
3.1 The requested R-8 zone is permitted and compatible with the
comprehensive plan designation of single-family residential and shall
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page
12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING
KODW( DEVELOPMENT / (AZ-OO-026)
allow the proposed mix of residential, RV storage and day care center
under a Conditional Use Permit.
3.2 The easterly portion of the subject property can be adequately served by
an extension of the existing sanitary sewer and water located in the Elk
Run Subdivision. Development of the westerly portion of the parcel
shall require extension of the future Black Cat Trunk Sewer.
3.3 The proposed R~8 zone and mixed use development concepts shall be
compatible with and provide a good transition between the
church/planned development to the south and the single-family
residential to the north.
3.4 Applicant shall be required to enter into a Development Agreement with
the City as a condition of annexation.
3.5 A condition of the Development Agreement shall be that the build-out
gross density of the entire S.4-acre parcel shall not exceed four (4)
dwelling units per acre, although housing types permitted under the R-8
zone will be permitted.
3.6 A condition of the Development Agreement shall be that future
development and use of the subject property shall occur only through
the Conditional Use Permit process.
3.7 Approximately half of the subject parcel is designated to sewer into the
Black Cat Trunk which shall be constructed in the future through Bear
Creek Subdivision to the west. The other half, fronting Kuna-Meridian
Road, is designated to sewer into the 12-inch sewer that shall be
extended from Elk Run Subdivision. The Bear Creek Subdivision lift
station shall be designed to serve only itself. The lift station shall
discharge into an existing eight-inch gravity sewer line in Overland Road
which shall be at or over capacity at build-out of Bear Creek
Subdivision. The Bear Creek developer and his engineer are aware that
as additional phases are developed, flows into the eight-inch receiving
sewer shall be monitored and, if capacity is exceeded, they shall be
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page
13
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING
KODIAK DEVELOPMENT / (AZ-OO-026)
required to re-route the pressure sewer to the Ten Mile Trunk along the
east-bound off ramp of 1-84. As per P&Z Commission and Council
approval of the Bear Creek project, the lift station is being sized only for
Bear Creek Subdivision. No provisions are being made for any other
development to sewer into it, including Kodiak.
Adopt the additional condition and action from City Council's meeting held
on March 20, 2001, as follows
3.8 Applicant shall provide any and all necessary easements so that the sewer
extension may be constructed through the property without any
obstructions.
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 (R-8) Medium Density Residential District,
and Meridian City Code S 11-7-2 D.
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
Meridian City Code S 11 ~2I-l in accordance with the provisions of the annexation and
zoning ordinance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page
14
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING
KODIAK DEVELOPMENT I (AZ-OO~026)
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 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.
Q/J..--P
By action of the City Council at its regular meeting held on the ~ day
of
~
,2001.
ROLL CALL
COUNCILMAN RON ANDERSON VOTED$t<..-
COUNCILNlAN KEITH BIRD VOTED$A.-
COUNCILWOMAN TAMMY deWEERD VOTED~""""
COUNCILWOMAN CHERIE McCANDLESS VOTED~
MAYOR ROBERT D. CORRlE (TIE BREAKER) VOTED ~
DATED: 4-3-0/
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page
15
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING
KODIAK DEVELOPMENT / (AZ-OO-026)
MOTION: d~_______-.
APPROVED:~ DISAPPROVED:_
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and the City Attorney.
By:Jl4&~~~fA
City Clerk
Dated: 1---.3 -tl (
~\
Z:\ W ork\M\Meridian\Meridian 15360M\Kodiak AZ026\AZFfCIsOrder.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page
16
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING
KODIAK DEVELOPMENT / (AZ-OO-026)
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF B AND A
DEVELOPMENT / AMERITEL,
REQUEST FOR VARIANCE TO
EXCEED THE MAXIMUM
BUILDING HEIGHT OF 35 FEET
AND REDUCE THE 30 FOOT
SETBACK REQUIREMENT TO 20
FEET ALONG 63 FEET OF THE
ONE STORY SECTION OF THE
BUILDING, LOCATED AT EAGLE
ROAD NORTH OF 1-84,
MElUDIAN, IDAHO
C/C 03-20-01
CASE NO. V AR-OO-O 19
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
ORDER OF DECISION
DENYING VARIANCE
The above entitled matter coming on regularly for public hearing before the
City Council on March 20, 2001, and Shari Stiles, Planning and Zoning
Administrator, appeared and testified at the hearing, and appearing and testifying on
behalf of the applicant were: Byron Smith, I<iis Korte, and Jonathan Seel, and
appearing and testifying in favor of the application were: Dave Pearcey, Bette
Pearcey, Randy Winn and Donn Reiswig, and appearing and testifying with
comments,/concerns or in opposition were: Rick Seger, Gary Childe, Michael Lloyd,
and Charles Horel, and the City Council having received the transmittal to agencies
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION DENYING VARIANCE I
B AND A DEVELOPMENT I AMERITEL (VAR-OO-019)
Page 1 of 7
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 Conclusions of Law and Order of Decision, as follows to-wit:
STATEMENT OF LEGAL AUTHORITY AND JURISDICTION:
CONCLUSIONS OF LAW
Judicial Notice:
The Council may take judicial notice of government ordinances, and policies,
and of actual conditions existing within the City and State.
1. The City of Meridian has authority pursuant to the enactment of the
"Local Land Use Plmming Act" codified at Chapter 65, Title 67, Idaho Code and in particular in
S. 67-6516 to provide as part of its zoning ordinance for the process of applications for variance
permits.
2. The City of Meridian has duly exercised its authority ofIdaho Code
S. 67-6516 by the enactment as a part of its Zoning and Development Ordinance variances, as set
forth in Meridian City Code S. 11-18.
3. That the requirements for the processing of a variance request are set forth in
Idaho Code s.s. 67-6509,6516 and Meridian City Code s.s. 11-15-5 and 11-17-5.
4. Application and standards for variances are set forth in Meridian City
Code S. 11-18-2, and the findings which are required are set forth in Meridian City Code S. 11-18-
3, include required findings that there are special circumstances or conditions affecting the
property that strict application of the provisions of Zoning and Development Ordinance would
FINDINGS OF FACT AND CONCLUSIONS OF LA W AND --
ORDER OF DECISION DENYING VARIANCE /
BAND A DEVELOPMENT / AMERITEL (VAR-OO-OI9)
Page 2 of 7
clearly be impracticable and unreasonable, and a finding that strict compliance with the
requirements ofthe Zoning and Development Ordinance would result in extraordinary hardship
to the owner, subdivider or developer because unusual topography, the nature or condition of
adjacent development, or other physical conditions or other conditions that make strict
compliance with the ordinance unreasonable under the circumstances, or that the conditions and
requirements of said ordinance will result in inhibiting the achievements or the objectives of the
ordinance, and that the granting of a specified variance will not be detrimental to the public's
welfare or injurious to other property in the area in which the property is situated, and that such
variance will not have the effect of altering the interest and purposes of the Zoning and
Development Ordinance and the Meridian Comprehensive Plan.
5. Meridian City Code, S 11-9-1, ZONING SCHEDULE OF BULK AND
COVERAGE CONTROLS, MIINIMUM YARD SETBACK REQUIREMENTS, a copy of
which is attached hereto as Exhibit "A", consisting of two pages, and incorporated herein as if set
forth in full hereat, for the L-O zone.
STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY
AND JURISDICTION
FINDINGS OF FACT
1. The applicant, B and A Development, of 10200 West Emerald, Boise, Idaho 83704,
is the owner of the property located at Eagle Road north ofI-84, filed for a variance of the
maximum building height and to reduce the 30 foot setback requirements at Meridian City Code
S 11-9-1.
2. Applicant, B and A Development, seeks a variance of the maximum building height
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION DENYING VARIANCE I
BAND A DEVELOPMENT I AMERITEL (VAR-00-019)
Page 3 of 7
and to reduce the 30 foot setback requirements because applicant seeks to exceed the maximum
building height of35 feet and to reduce the 30 foot setback requirement to 20 feet along 63 feet
of the one story section of the building at the property located at Eagle Road north of 1-84.
3. The location ofthe subject property is located as stated in number 2 directly above,
and is located in a Limited Office District (L-O) at Eagle Road north ofI-84, Meridian, Idaho.
4. The legal description of the property appertains to the real property that is included
within the Vicinity Map as appears in the record of proceeds of this matter, and is on file and
record with the Meridian City Clerk's office.
5. Pursuant to action ofthe City Council at their March 20,2001, meeting, that the
request for variance should be denied.
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. Pursuant to ~ 11-9-1 of the Meridian City Code, the Applicant is hereby
denied the request to exceed the maximum building height of 35 feet and for the
reduction of a 30 foot setback variance, due to the location of the nearby residential
subdivision and due to the fact the conditional use permit application, Case No. CUP-
00-053 in this project, was denied, and as per the decision of the City Council at their
March 20, 2001, meeting, for the real property located at Eagle Road north of 1-84,
FINDINGS OF FACT AND CONCLUSIONS OF LA W AND --
ORDER OF DECISION DENYING VARIANCE /
B AND A DEVELOPMENT / AlvIERITEL (V AR-00-019)
Page 4 of 7
Meridian, Idaho.
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 ~ 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 maximum building height and for a setback
reduction variance of 11-9-1, and may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67,
Idaho Code.
By action of the City Council at its regular meeting held on the :J ~ day
of
~
, 2001.
ROLL CALL:
COUNCILMAN RON ANDERSON VOTED~
COUNCILMAN KEITH BIRD VOTED ~
COUNCILWOMANTAMMYdeWEERD VOTED$tt-
COUNCILWOMAN CHERIE McCANDLESS VOTED~
MAYOR ROBJjlT D. CORRIE (TIE BREAKER) VOTED--=
DATED: - _5 ~ 0 /
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION DENYING VARIANCE I
B AND A DEVELOPMENT I AMERITEL (VAR-OO-019)
Page 5 of 7
MOTION: APPROVE~
DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department, and the City Attorney office.
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City Clerk \ 7~." 'ff}
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION DENYING VARIANCE I
B AND A DEVELOPMENT / AMERITEL (V AR-OO-019)
Page 6 of 7
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C)
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR A 3-STORY
87 ROOM HOTEL IN AN L-O
ZONE LOCATED AT THE
NORTHEAST CORNER OF
MAGIC VIEW DRIVE AND
ALLEN STREET, MERIDIAN,
IDAHO
B AND A DEVELOPMENT
APPLICANT.
C/C 03-20-01
Case No. CUP-OO-053
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER DENYING
CONDITIONAL USE PERMIT
The above entitled conditional use pennit application having come before
the City Council on March 20, 2001, at the hour of 6:30 p.m., at Meridian City Hall,
33 East Idaho Street, Meridian, Idaho, and Shari Stiles, Planning and Zoning
Administrator, appeared and testified, and appearing on behalf of the Applicant were:
Bryon Smith, Kris Korte, and Jonathan Seel, and appearing and testifying in favor of the
application were: Dave Pearcey, Bette Pearcey, Randy Winn and Donn Reiswig, and
appearing and testifying with comments/concerns or in opposition were: Rick Segar,
Gary Childe, Michael Lloyd, and Charles Horel, and the City Council having duly
considered the evidence and the record in this matter and the Recommendations to City
Council issued by the Planning and Zoning Commission who conducted a public hearing
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER DENYING CONDITIONAL USE PERMIT
B AND A DEVELOPMENT / AMERITEL INN L-O ZONE / (CUP-OO-053)
- I
and the Council having heard and taken oral and written testimony, and having duly
considered the matter, the City Council hereby makes the following denial of the
Findings of Fact, Conclusions of Law and Decision and Order to-wit:
FINDINGS OF FACT
1. A notice of a public hearing on the conditional use permit was published
for two (2) consecutive weeks prior to the said public hearing scheduled for March 20,
200, before the City Council, the first publication appearing and written notice having
been mailed to property owners or purchasers of record within three hundred feet (3001)
of the external boundaries of the property under consideration more than fifteen (15)
days prior to said hearing and with the notice of public hearing having been posted upon
the property under consideration more than one week before said hearing and the copies
of all notices were made available to newspaper, radio and television stations as public
service announcements; and the matter having been duly considered by the City Council
at the March 20,2001, public hearing; and the applicant, affected property owners, and
government subdivisions providing services within the planning jurisdiction of the City
of Meridian, having been given full opportunity to express comments and submit
evidence.
2. There has been compliance with all notice and hearing requirements set
forth in Idaho Code 967-6509,6512, and Meridian City Code 99 11-15-5 and 11~17~5
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER DENYING CONDITIONAL USE PERMIT
B AND A DEVELOPMENT I AMERITEL INN L-O ZONE I (CUP-OO-053)
- 2
as evidenced by the Mfidavit of Mailing, and the Mfidavit of Publication and Proof of
Posting filed with the staff report.
3. The property is located at Eagle Road and 1-84, Meridian, Idaho.
4. The owner of record of the subject property is James L. Boyd and Winston
H. Moore, under the assumed business name of Magic View Partners, Boise, Idaho.
5. Applicant is B and A Development of Boise, Idaho.
6. The subject property is currently zoned L-O. The zoning district of L-O
is defined within the City of Meridian Zoning and Development Ordinance, Section 11-
7-2.
7. The proposed application requests a conditional use permit for a 3-story,
87-room hotel. The L-O zoning designation within the City of Meridian Zoning and
Development Ordinance requires a conditional use permit be obtained for most uses
including those requested by the Applicant. (Meridian City Zoning and Development
Ordinance, Section 11-8-1).
8. The use proposed within the subject application will in fact, constitute a
conditional use as determined by City Ordinance.
9. The Meridian City Council takes judicial notice of its Zoning,
Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City
Code and all current zoning maps thereof and the Comprehensive Plan of the City of
Meridian, and Maps and the Ordinance establishing the Impact Area Boundary.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER DENYING CONDITIONAL USE PERMIT
B AND A DEVELOPMENT I AMERITEL INN L-O ZONE I (CUP-OO-053)
- 3
10. The proposed uses within the subject application will not be harmonious
with and in accordance with the Meridian Comprehensive Plan and the City of
Meridian Zoning and Development Ordinance because:
10.1 The subject property is designated on the "Generalized
Land Use Map" as "Mixed/Planned Use Development".
II. The uses proposed within the subject application will not be hazardous
but will be disturbing to existing or future neighboring uses.
12. The uses proposed within the subject application will be served adequately
by central public facilities and services such as highways, streets, police and fire
protection, drainage structures, refuse disposal, water, and sewer.
13. 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.
14. The development will not result in the destruction, loss or damage of
natural or scenic feature of major importance relating to the property.
15. The 3-story building would be significantly larger than any other building
in the adjacent vicinity.
16. The 3-story hotel would be incompatible with the residential subdivision
to the north.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER DENYING CONDITIONAL USE PERMIT
B AND A DEVELOPMENT / AMERITEL INN L-O ZONE! (CUP-OO-053)
- 4
17. The building setbacks and landscaping that is proposed by the applicant
will not adequately mitigate effects of the proposed use.
18. The premises are covered by a Development Agreement which
contemplated one or two story buildings, but not three story buildings.
CONCLUSIONS OF LAW
I. The City of Meridian shall exercise the powers conferred upon it by the
"Local Land Use Planning Act of 197 Y hereinafter referred to for convenience as the
"Act" codified at Chapter 65, Title 67, Idaho Code (LC. s67~6503).
2. The Meridian City Council may exercise all the powers required and
authorized under the "Act" except the power to adopt ordinances by the establishment
of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67~
6504 which the City Council of the City of Meridian has established by the passage of
the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII,
Chapter I, Meridian City Code.
3. As part of a zoning ordinance the City Council can, subject to hearing and
notice provision required, provide for the process of special and/or conditional use
permits which a proposed use is otherwise prohibited by the terms of the ordinance but
allowed with conditions under the specific provisions of the ordinance which the City
of Meridian has done in the adoption of its zoning ordinances.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER DENYING CONDITIONAL USE PERMIT
B AND A DEVELOPMENT! AMERITEL INN L-O ZONE! (CUP-OO-053)
- 5
4. The City Council has the duty and responsibility to review the facts and
circumstances of each application for special use permit to determine prior to granting
the same that the evidential showing supports the finding that the following standards
are met and that the proposed development: (Meridian City Code S 11-17-3)
a. Will, in fact, constitute a conditional use as determined by City policy;
b. Will not be hannonious with and in accordance with the Comprehensive
Plan and this Ordinance;
c. Will not be designed, constructed, operated and maintained to be
hannonious and appropriate in appearance with the existing or intended character of the
general vicinity and that such use will change the essential character of the same area;
uses;
d. Will not be hazardous but disturbing to existing or future neighboring
e. Will be served adequately by essential public facilities and services such
as highways, streets, police and fire protection, drainage structures, refuse disposal,
water, sewer or that the person responsible for the establishment of proposed conditional
use shall be able to provide adequately any such services;
f. Will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of the
community;
g. Will not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;
h. Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance.
5. Prior to granting a conditional use permit in a Limited Office District (L-
0), a public hearing shall be conducted with notice to be published and provided to
property owners or purchasers of record within three hundred feet (300') of the external
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER DENYING CONDITIONAL USE PERMIT
B AND A DEVELOPMENT I AMERlTEL INN L-O ZONE I (CUP-OO-053)
- 6
boundaries of the land under consideration for the conditional use permit all in
accordance with the provisions of Meridian City Code s 11-17-5 City of Meridian
Zoning and Development Ordinance, which provides as follows:
"Prior to approving a Conditional Use Permit, the applicant and the Commission
and Council shall follow notice and hearing procedures provided in Chapter 15
of this Title. Provided, however, that conditional use applications for land in Old
Town and in industrial and commercial districts shall only be required to have
one public hearing which shall be held before the Planning and Zoning
Commission; and after the recommendation of the Commission is made, the
application shall go before the City Council without a public hearing and the
Council may approve, deny, or modif)r the recommendation of the Commission."
6. Following the public hearing and within 45 days after the conclusion of
the public hearing the Commission shall, transmit its recOlmnendations to the Meridian
City Council with supportive reasons. The Commission shall recommend that the
application be approved, approved with conditions or denied. The Commission shall
ensure that any approval or approval with conditions of an application shall be in
accordance with Meridian Comprehensive Plan, City of Meridian Zoning and
Development Ordinance, and Idaho State law. (Meridian City Code S 11-17"6)
7. When the City Council approves a conditional use permit it may impose
conditions of that approval that reasonably:
A. Minimize adverse impact on other development;
B. Control the sequence and timing of development;
C. Control the duration of development;
D. Assure that the development is maintained property;
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER DENYING CONDITIONAL USE PERMIT
B AND A DEVELOPMENT I AMERITEL INN L-O ZONE I (CUP-OO-053)
- 7
E. Designate the exact location and nature of the development;
F. Require the provision for on-site public facilities or services; and
G. Require more restrictive standards than those generally required, in this
Ordinance.
8. The City of Meridian has, by ordinance, established the Impact Area and the
Comprehensive Plan of the City of Meridian, which was adopted December 21,
1993, Ord. 629, January 4, 1994 and Maps.
DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS
OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER
and this does Order that:
1. That the above named applicant is denied a conditional use permit specifically
due to the fact that the proposed three story hotel, which would be adjacent to a
residential subdivision, and even with the proposed landscaping, would be an
incompatible use. Also the conditions addressed in the original Development Agreement
for the subject property contemplated only one or two story buildings. Any three story
hotel would have to be constructed farther away from the residential subdivision in order
to be approved.
2. That the City Attorney draft an Order of Denial of Application for Conditional
Use Permit in accordance with this Decision, which shall be signed by the Mayor and
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER DENYING CONDITIONAL USE PERMIT
B AND A DEVELOPMENT I AMERITEL INN L-O ZONE I (CUP-OO-053)
- 8
City Clerk and then a copy served by the Clerk upon the applicant, the Planning and
Zoning Department, the Public Works Department and any affected party requesting
notice.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code ~ 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.
By action of the City Council at its regular meeting held on the
of ~ ,2001.
ROLLCALL:
COUNCILMAN RON ANDERSON VOTED$G
3~
day
COUNCILMAN KEITH BIRD VOTED*
COUNCILWOMANTAMMYdeWEERD VOTED$-
COUNCILWOMAN CHERIE McCANDLESS VOTED*"'--
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED_
DATED: 4---2 -(9/
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER DENYING CONDITIONAL USE PERMIT
B AND A DEVELOPMENT / AMERITEL INN L-O ZONE I (CUP-OO-053)
- 9
MOTION: ~
APPROVED:_
DISAPPROVED:_
Copy served upon Applicant, Planning ~~~"I#Hli}}~g Department, Public Warks
Department "and the City Attorney. <..,I,.\\C.F M€~::lqli
,f" ~~. I t~?4.I,~~
Ai. l c} "NWOfl.~ h .1,-- '''::,
... A n~ ~(j-"~o. ~ /I I
By: :a/..u---: ft y</1-fh 191f, '-;: ,? ~ Daedl r-- ~ -0
City Clerk fI ~ S-uA!.L E
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER DENYING CONDITIONAL USE PERMIT
B AND A DEVELOPMENT / AMERITEL INN L-O ZONE / (CUP-00-053)
10
JEIVED
MAR 2 3
interoffice
MEMORANDUM
City of Meridian
City Clerk Office
To:
William G. Berg, Jr. 4
William F. NiChOl~
AMERlTEL BY: B AND A DEVELOPMENT / CUP-OO-OS3
March23,2001'- U-~ 3-~9-0Je/
Will:
From:
Subject:
Date:
Please find enclosed the ORDER OF DENIAL OF APPLICATION FOR
CONDITIONAL USE PERMIT, in the above matter. I have prepared this ORDER
pursuant to City Council's action taken at their March 20, 2001, meeting. This
matter will be heard at their Tuesday, April 3,2001, meeting.
If you have any questions on this matter please advise.
Z:\Work\M\Meridian\Meridian ) 5360M\A.meritelCUP053 VARO) 9\CityClkCUPDismissaJOrder03230) .doc
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE REQUEST
FOR CONDITIONAL USE PERMIT FOR )
A 3-STORY 87 ROOM HOTEL IN AN L-O)
ZONE LOCATED AT THE NORTHEAST )
CORNER OF MAGIC VIEW DRIVE AND )
ALLEN STREET, MERIDIAN, IDAHO )
)
BY: B AND A DEVELOPMENT )
)
APPLICANT. )
)
C/C 03/20/01
CUP-OO-053
ORDER OF DENIAL
OF APPLICATION FOR
CONDITIONAL USE
PERMIT
The above entitled conditional use permit application having come before the
City Council on the 20th day of March 200 I, at the Meridian City Hall , 33 East
Idaho Street, Meridian, Idaho, at the hour of 6:30 o'clock p.m., and the Council
having received the record of this matter from the Planning and Zoning Commission
including the Planning and Zoning Commission's Recommendation to City Council,
and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and
appearing and testifying on behalf of the Applicant were: Byron Smith, K.ris Korte,
and Jonathan See!, and appearing and testifying in favor of the application were:
Dave Pearcey, Bette Pearcey, Randy Winn, and Oonn Reisvvig, and appearing and
ORDER OF DENIAL OF APPLICATION FOR
CONDITIONAL USE PERMIT
BY B AND A DEVELOPMENT / (CUP-00-053)
- I
testifying with comments/concerns or in opposition were: Rick Seger, Gary Childe,
Michael Lloyd, and Charles Horel, and the Council having duly considered the
matter makes the following Findings of Fact and Conclusions of Law and Decision
and Order.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
1. The City Council takes judicial notice of its Zoning, Subdivisions and
Development Ordinances codified at Title 11 Municipal Code of the City of
Meridian and all current zoning maps thereof and the Comprehensive Plan of the
City of Meridian adopted December 21, 1993, Ordinance #629 - January 4, 1994
and Maps.
2. Staff has complied with the requirements of I.C. S 67-6509 and 67-
6512 and ss 11-2-416 E and 11-2-418 E.
ORDER OF DENIAL OF APPLICATION
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND GOOD CAUSE
APPEARING, and specifically due to the fact that the proposed three story hotel,
which would be adjacent to a residential subdivision, and even with the proposed
landscaping, would be an incompatible use. Also, the conditions addressed in the
ORDER OF DENIAL OF APPLICATION FOR
CONDITIONAL USE PERMIT
BY B AND A DEVELOPMENT / (CUP-00-053)
- 2
original Development Agreement for the subject property contemplated only one or
two story buildings. Any three story hotel would have to be constructed farther away
from the residential subdivision in order to be approved. This application is therefore
denied.
The City Council of the City of Meridian hereby adopts and approves this
Decision and Order of Denial.
Dated this 312:..!! day of ~
,2001.
DECISION OF DENIAL
ROLLCALL:
COUNCIU,,1AN ANDERSON VOTED~
COUNCILMAN BIRD VOTED~
COUNCILWOMAN deWEERD VOTED*^--'
COUNCILWOMAN McCANDLESS VOTED*
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED_
DATED: 4-S-0(
MOTION: ~
APPROVED:'
DISAPPROVED:
ORDER OF DENIAL OF APPLICATION FOR
CONDITIONAL USE PERMIT
BY B AND A DEVELOPMENT / (CUPNOON053)
N 3
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and the City Attorney. "\\\\\"f{~~J{ft/"
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By~:...,~4e'17a- SEAD.te : \.f-.J-tJ/
City Clerk (/ \.."p~ i; ...rf. ,;;
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z:\ W ork\lYl\Merid i an\Merid ian ] 5360M\AmeritelCUpo53';Y A!WH~R63:L'Ord CUPDeniaJ.doc
ORDER OF DENIAL OF APPLICATION FOR
CONDITIONAL USE PERMIT
BY B AND A DEVELOPMENT / (CUP-OO-053)
M 4
March 30, 2001
April 3, 2001
MERIDIAN CITY COUNCIL MEETING
APPLICANT ITEM NO. ~ _~
REQUEST Water Main Easement Agreement -- Stratford Business Park (Murdoch
Subdivision)
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
See attached
vJ
cv~
Contacted:
Date:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
City of Meridian
Public Works Dept.
RECEIVED
MAR 2 7 2001
CITY OF MERIDIAN
Memo
To: Mayor Corrie
From:Gary D. Smith, PE
CC: file
Date: 03/03/01
Re: Water Main Easement
Mayor: Here is a water main easement that we have obtained from S3F I LLC,
owner of an office building in Stratford Business Park (AAA Murdoch Subdivision),
which is located on an extension of Watertower Lane east of Stratford Street. The
easement was necessary because a fire hydrant was required behind the building by
our Fire Department.
I would appreciate it if you can place this on the next City Council agenda for
approval of yours and City Clerks signature.
ThankYO~
Gary j" ~ 0
From the deskof...
GaIy D. smith. FE
Meridian City Engineer
Meridhm Public Worb Depamrent
200 E Carll:alSt. SuiI:e 100
MeridiaI\ ldaln 83642-2600
. Page 1
(2m) 887-2211
Fax: (208) 887.1297
WATER MAIN EASEMENT
THIS INDENTURE, made this 19 day of February, 200lbetween S3F, LLC, the parties of the first
part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of
the second part, and hereinafter called the Grantee;
VlITNESSETH:
\VHEREAS, the Grantors desire to provide a water main right-of-wa-y across the premises
and property hereinafter particularly bounded and described; and
WHEREAS, the water main is to be provided for through an underground pipeline to be
constructed by others; and
WHEREAS, it will be necessary to maintain, service and subsequently connect to said
pipeline from time to time by the Grantee;
NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and
other good and valuable consideration, the Grantors do hereby give, grant and convey unto
the Grantee the right-of-way for an easement for the operation, maintenance, repair,
replacement of a water main over and across the following described property:
(SEE ATTACHED EXHIBIT A and B)
The easement hereby granted is for the purpose of construction and operation of a water line
and their allied facilities, together with their maintenance, additional connection thereto,
repair and replacement at the convenience of the Grantee, with the free right of access to
such facilities at any and all times.
TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, itfs
successors and assigns forever.
IT IS EXPRESSL Y UNDERSTOOD AND AGREED, by and between the parties hereto,
that after making repairs, performing other maintenance or making subsequent connection
to the water line, Grantee shall restore the area of the easement and adjacent property to that
existent prior to undertaking such repairs and maintenance. However, Grantee shall not be
responsible for repairing, replacing or restoring anything placed within the area described in
this easement that was placed there in violation of this easement.
THE GRANTORS hereby covenant and agree that they will not place or allow to be placed
any permanent buildings within the area described for this easement, which would interfere
with the use of said easement, for the purposes stated herein. Grantor can place
Water Main Easement
Page 1
Easement
Water Main
improvements in the nature of parking, driveways, landscaping, and similar site
improvements.
THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and
possessed of the aforementioned and described tract ofland, and that they have a good and
lawful right to convey said easement, and that they will warrant and forever defend the title
and quiet possession thereof against the lawful claims of all persons whomsoever.
IN WITNESS \VHEREOF, the said parties of the first part have hereunto subscribed their
signatures the day and year first herein above written.
GRANTOR:
GRANTEE: CITY OF MERIDIAN:
2_/ L'ir / D /
Date
Date
Mkh~e;-~
Robert D. Corrie, Mayor
Attest by William G. Berg, City Clerk
Approved By City Council On:
STATE OF IDAHO)
) ss
County of Ada )
On this J-8R day of 8;,bru a.r ~ ,20QL, before me, the unden;igned, a Notary
Public in and for said State, personally eared AIIlrhnp/ tV, F~Vt aHQ..
rJ 114 , known or identified to me to be t e President~
~, respectively, of the corporation that executed the within instrument, and
acknowledged to me that such corporation executed the same.
IN WITNESS "WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year fist above written. ~
.................. / ~~ ~
.......... G.\.'" J. W ~~~".. ' Jr/ 1 l
'" ,v....... 'U "'IIP.
l ""f;~... .....~ ~~ NOTARY P LIC FOR ill
! q" f ~OT "'~J- \ ~ ~
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~....'" .)>i..............~o ....$
Water ~;~~~~",......
Residing at I5n 1M
Commission Expires: (y~ /:J 5/ n5
Page 2
Easement
Water Main
1l/27/2EJEJEJ 1EJ: 43 2083850696
TEALEYS LAND SURVEY
PAGE 05
ID3
TEALEY'S LAND
SURVEYING
2501 Bogus Basin Rd. . BOise, Idaho 83702
(208) 385-0636
Fax (208) 385-0696
EXIDBIT "A"
Project No,: 2282
Date: November 27, 2000
DESCRIPTION OF
CITY of MERIDIAN
PUBLIC WATER MAIN EASEMENT
STRATFORD BUSINESS PARK
A 20.00 foot wide strip ofland being a portion of Lot 6 of Block 1 of Murdoch Subdivjsion
as on file in Book 80 of Plats at Page 8598 in the Office of the Ada County Recorder, Boise, Idaho,
said parcel being situated in the NE 1/4 of Section 18, T.3N., R.lE., B.M., Meridi~ Ada County,
Idaho. The boundaries of said 20,00 foot wide strip .are located 10.00 feet on each side of the
following described centerline:
COMMENCING at the Southwest comer of said Lot 6; thence along the West line of said
Lot 6
North 00020'20" West 10.00 feet to the POINT OF BEGINNING' thence along a line
paranel with the South line 'of said Lot 6 .
North 89039'40') East 46.86 feet to a point; thence leaving said parallel line
North .44039'40" East 26.37 feet to a point; thence along a line parallel with said West line
of Lot 6
North 00020'20" West 97.98 feet to a point; thence leaving said parallel line
North 44039'40" East 18.31 feet to a point; thence along a line parallel with said South line
of Lot 6
North 89039'40" East 40.55 fed: to a point; thence along a line parallel with said West line
of Lot 6
North 00020'20" West 55.50 feet to the TERl\1lNAL POINT.
ZZ82-Watc:r-ellse.de6c.doc - dnrn
11/27/2000 .10: 43
2083850696
TEAlEYS lAND SURVEY
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CONST. 2:" WATER ~ETER ($1::1<
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w~w-
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. .' ".... . . 4 "
EXHIBIT "Bu
WATER MAIN EASEMENT
FOR STRATFORD BUSINESS PARK
LOT 6, BLOCK 1, MURDOCH SUBDIVISION
. ~'.~~. .....:..... . . ":".i.....- NE 1/4 SECTION 18, T,3N., R.1E., 8.M.,
MERIDIAN, ADA COUNTY, IDAHO
15 30
60
I
[f] TEALEY.S LAND SURVEYING
2501 BOGUS BASIN RD _ 60lSI::, IDAHO 83702
206-385-0636
Pro ject No. 2282 Sheet 1 of 1
SCALE IN F"EET
I" '" 3D'
2Z82-'Not~r-eOS9.d",,~ 11-27-00
1 0: JS: 02 dmcrka
March 30, 2001
MERIDIAN CITY COUNCIL MEETING
Department Report
April 3, 2001
APPLICANT Parks and Recreation Director Tom Kuntz ITEM NO. l..\B- ,
REQUEST Department Report - Agreement with the Land Group, Inc., for
Landscape Architect Services for the 58-Acre Park
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
COMMENTS
vJ-
(); prY/?
Contacted:
Date:
Phone:
Materials presented at public meetings sholl become property of the City of Meridian.
March 30, 2001
MERIDIAN CITY COUNCIL MEETING
Department Reports
April 3, 2001
APPLICANT Attorney Bill Nichols ITEM NO. 4 r - \
REQUEST Construction manager contract for Kreizenbeck Constructors, lnc for
the new law enforcement building
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
SANtT ARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
Contacted: :Yeon
COMMENTS
ro~
W
Date: 3( ~O
Phone: ~ K .. lot 0\ ~
Materials presented at public meetings shall become property of the City of Meridian.
WHITE PETERSON
WmlE, PElERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A.
RECEIVED
MAR 3 0 2001
C:r.rY OF MERIDIAN
MEMORANDUM
March 30,2001
From: William F. NichOlsJ
To; Mayor Corrie and City Council
Cc: Chief Gordon
Subj: Construction Manager Contracts
I have reviewed the basic form of agreement proposed by Kreizenbeck
Constructors, Ine. for its work as Construction Manager for the new police building. A
copy of the proposed agreement is attached to this memo along with a copy of their fee
proposal. I am prepared to recommend approval of this contract with one revision.
Article 10.3 currently reads as follows:
"Causes of action between the parties to this Agreement pertaining to acts or
failures to act shall be deemed to have accrued and the applicable statutes of
limitations shall commence to run not later than either the date of Substantial
Completion for acts or failures to act occurring prior to Substantial Completion,
or the date of issuance of the final Project Certificate for Payment for acts or
failures to act occurring after Substantial Completion. JJ
This article should be revised to read:
"Causes of action between the parties to this Agreement pertaining to acts or
failures to act shall be deemed to have accrued and the applicable statutes of
limitations shall commence to run not earlier than the date of issuance of the final
Certificate of Payment. JJ
Otherwise, the form of the contract is acceptable to me. Kreizenbeck should submit a
completely filled in agreement with the contract fees for Council approval.
END OF1\1EMO,
wfu\Z:\WorklJvl'J"leridian\Meridian 15360M\Police Dept\New Police Station Property\MemoMayorCouncilfor Kreizenbeck Constmdors construction
mgt agmt03302001.wpd
WHITE PETERSON
WHITE, PETERSON, MORROW, GlORAY, ROSSMAN, NYE & ROSSMAN, EA.
ATTORNEYS AT LAW
KEVIN E, DINIUS
JULIE KLEIN FISCHER
WM. F. GIORAY, III
BRENT JOHNSON
D. SAMUEL JOHNSON
LARRY D. MOORE
WILLIAM A. MORROW
WU.LIAM P. NICHOLS.
CHRISTOPHER S. NYE
PHILIP A. PETERSON
ERIC S. ROSSMAN
TODD A. ROSSMAN
DAVID M. SWARTLEY
TERRENCE R. WHITE..
NICHOLAS L. WOLLEN
CANYON PARK AT THE IDAHO CENTER
5700 EAST FRANKLIN ROAD, SUITE 200
NAMPA, IDAHO 83687-8402
TEL (20B) 466-9272
Email vi~1ltM~?~@t-&pmg.com
MERIDIAN OFFICE
20G EAST CARLTON AVENUE
SUITE 31
POST OFFICE BOX 1150
MERIDIAN, IDAHO 83680.1150
TEL (208) 288.2499
FAX (208) 288-2501
'ALSO ADMITTED IN OR
uAlSO ADMITIED IN WA
March 30,2001
PLEASE REPLY TO
NAMPA OFFICE
Mr. Robert Uhlhorn
Kreizenbeck Constructors, Inc.
Boise, Idaho
VIA FAX ONLY
336-7444
Re: Meridian Law Enforcement Huilding
Dear Robert:
I have reviewed the basic form of agreement proposed by Kreizenbeck
Constructors, Inc. for its work as Construction Manager for the new police building. I
am prepared to recommend approval of this contract with one revision.
Article 10.3 currently reads as follows:
"Causes of action between the parties to this Agreement pertaining to acts
or failures to act shall. be deemed to have accrued and the applicable
statutes of limitations shall commence to nm not later than either the date
of Substantial Completion for acts or failures to act occurring prior to
Substantial Completion, or the date of issuance of the final Project
Certificate for Payment for acts or failures to act occurring after Substantial
Completion. "
This article should be revised to read:
"Causes of action between the parties to this Agreement pertaining to acts
or failures to act shall be deemed to have accrued and the applicable
statutes of limitations shall commence to nm not earlier than the date of
issuance of the final Certificate of Payment."
Robert Uhlhorn
March 30, 2001
Page 2
Otherwise, the form of the contract is acceptable to me. If you agree with the proposed
revision, you should submit a completely filled in agreement with the contract fees for
Council approval.
;;;;;;;!u
Will. F. Nichols
cc: Mayor Corrie
Meridian City Council
Chief Gordon
Meridian City Police Station
Construction Management Services
Project Fee Proposal
Date: March 19, 2001
A. On~Site eM Costs
Superintendent
Job Trailer
Job Trailer Set Up (In & Out)
Pick Up Expense
Office Furniture/Equipment/Supplies
Storage Trailer (if required)
B. Off~Site eM Costs
None
C. CM Fee (4.95% of $3,200,000)
Preconstruction
Construction
D. Reimbursable General Conditions Costs
Billed at Direct Cost - V\6' ~lV'kJf
Bid Advertising
Construction Photographs
Quality Control & Testing
Surveying/Layout
C rane/F orkl ift
Small Tools
Project Identification
Temporary Roads & Stagi ng
Temporary Fencing & Trailers
Temporary Electrical Service
Temporary Power & Light
Temporary Electrical Consumption
Temporary Sanitary Facilities
Construction water Service
Drinking Water
$6,860/month" .f.y.r)
$500/month J ~ ~
$1 ,ODD/Lump Sum fIJ JIt~.r/
$400/month ~ e; ~ _
$300/month ~~ ./ S
$100/month - \~
$25,000 ') lr./I'fl
$133,500 I .sf/II<
Telephone/Fax Line
Reproduction of Plans/Specs
Postage/Express
Safety and First Aid
Security
Continuous Cleanup/Gopher
Dust Control
Trash Containers
Final Clean Up
Temporary Heat
Temporary Protection
Miscellaneous General Conditions
Permits & Fees
Bond
Liability Insurance
t/OJ~~
AlA Document B801/CMa
Standard Form of Agreement Between
Owner and Construction Manager
wbere tbe Construction lvfanager is NOT a Constructor
1992 EDITION
THIS DOCWI/ENT HAS IMPORTANT LEGAL CO;\'SEQUE,YCES; CO,\'SULTATlON lnTH AS
ATTURNEY IS E.VCUURAGl:"D \fllTH RESPECT TO !l:\' CO.l/I'/./:7/0'\" OR .1l0DIFICATlO.\',
Tbis doc/./mell( is intended 10 1'1/ 1/St'd ill C(ll/jIlI/Cli[Jlt with
{be 1992 editirJ//s 0./ A IA DOCl/mellls B1-il..C.IICl, AII/;/CJla mtd .~2(Jf.'C.11(1
AGREEMENT
made as of the
day of
in the year of
(III Il'Ul'di-. mdu:(lt(t (/",1'. 1UtJlub flnd J'~..at I
BETWEEN the Owner:
(Salr/I.' (JJld tult/I't......\")
and the Construction Manager:
(S:(lm(~ and ac/iln'sr.)
for the following Project:
(/IJ.f.'JruJr... dt:/lllll.'t/ di1scripfio,r 0/ Pr(~ject. lor.:alion. ~uldn,~"';.,\ CUJt! s.cope.)
The Architect is:
The O\\"I1<..'r and Construction .\bn:!gcr agrec :l:-:' :'c[ t", lnl1 hr.=lo\\'
~ti
(
I
TERMS AND CONDITIONS OF AGREEMENT BETWEEN
OWNER A~D CONSTRUCTION MANAGER
ARTICLE 1
CONSTRUCTION MANAGER'S
RESPONSIBILITIES
1.1 CONSTRUCTION MANAGER'S SERVICES
1.1.1 The Construction Manager"s services consist of those
services performed by. the Construction Manager. Consrruc-
tion :>'lanager's employees and Construction Manager's con-
sultants as enumerated in Articles 2 and 3 of this Agreement
and any ather services included in Article 14.
1.1.2 The Construcrion Manager's services shall be provided
in conjunction with the services of an Architecr as described
in rhe edition of AlA Document BI41/CMa. Srandard Form
of Agreement Berween Owner and Architect. Construction
1>.lan~ger-Adviser Edition, current as of the date of this
Agreement.
1.1.3 The Construction Manager shall pro\'ide sufficient
organization, personnel and management to carry out the
requirements of this Agreemenr in an expeditious and eco-
nomical manner consistent with the interests of the Owner.
1.1.4 The services covered by this Agreemenr are subject to
the time limitations contained in Subparagraph 13 .j. L
ARTICLE 2
SCOPE OF CONSTRUCTION MANAGER'S
BASIC SERVICES
2.1 DEFINITION
2.1.1 The Construction Manager's Basic Services consist of
those described in Paragraphs 2.2 and 2.3 and any other ser-
'-ices identified in Anicle 14 as parr of Basic Services.
2.2 PRE-CONSTRUCTION PHASE
2.2.1 The Construction Manager shall re\"iew the program fur-
nished by the Owner to ascertain the requirements of the Proj-
ect and shall arrive at a mutual understanding of such require-
mentS with the Owner.
2.2.3 Based on early schem:Hic designs and other design cri-
teria prepared by. the Architect, the Construction illanager shall
prepare preliminary. estimares of Construction COSt for pro-
gram requirements using area, volume or similar conceptual
eStimating rechniques. The Construction Manager shall pro-
\'ide COSt e\'aluations of alternative materials and systems.
2.2.4 The Construction Manager shall expeditiously review
design documents during their development and ad\'ise on
proposed site use and improvements, selection of materials.
building systems and equipment. and methods of Profect
delivery. The Construction Manager shall provide recom-
mendations on relative feasibilitv of construction methods.
:n-ailability of materials and labor: time requiremems for pro-
curement. installation and construction, and factOrs related
to construction cost including, bur nOt limited to. COStS of
alternative designs or materials, preliminary budgets. and pos-
sible economies.
2.2.5 The Consrruction Manager shall prepare and period-
ically update a Project Schedule for the Architect's r~"iew and
the Owner's acceptance. The Construction Manager shall
obtain the Architect's approval for the portion of the pre-
liminary project schedule relating to the performance of the
Architect's services. In the Project Schedule, the Construction
Manager shall coordinate and integrate the Construction
Manager's services, the Architect's services and the Owner's
responsibilities with anticipated construction schedules. high-
lighting critical and long-lead-time items.
2.2.6 As the Architect progresses with the preparation of the
Schematic, Design Development and Construction Docu-
ments, the Construction Manager shaH prepare and update.
at appropriate imervals agreed to by the Owner, Construc-
tion Manager and Architect, estimates of Construction Cost
of increasing detail and refinement. The estimated COSt of each
Comract shall be indicated with supporting detail. Such
estimateS shall be provided for the Architect's review and
the Owner's approval. The Construction Manager shall ad- ,'_
vise the Owner and Architect if it appears that the constru~ 1 ;,:-:.~
tion COSt may exceed the latest approved Project budget atjd . \ ~,
make recommendations for corrective action. !~r"~i
2.2.7 The Construction Manager shall consult with th~' .:....,,/
Owner and Architect regarding the Construction Docu-
ments and make recommendations whenever design details
adversely affect constructibiIity, COSt or schedules.
2.2.8 The Construction Manager shall provide recommen.
dations and information to the Owner and Architect regard-
ing the assignment of responsibilities for temporary Project
facilities and equipment, materials and services for com-
mon use of the ContractOrs. The Construction Manager shall
verify that such requirements and assignmenr of respon-
sibilities are included in the proposed Contract Documents.
2.2.9 The Construction Manager shall provide recom-
mendations and information to the Owner regarding the
allocation of responsibilities for safety programs among
the Contractors.
2.2.10 The Construction Manager shall advise on the divi-
sion of the Project into individual Contracts for various
categories of Work, including the method to be used for
selecting ContrJ.ctors and awarding Contracts. If multiple Con-
tracts are to be awarded. the Construction Manager shall
review the Construction Documents and make recommen-
dations as required to provide that (I) the Work of the Con-
tractors is coordinated, (2) all requirements for the Project ha\'e
been assigned to tile appropriate Conrract, (3) the likelihOOd
of jurisdictiOnal disputes has been minimized, and (4) proper
coordination has been provided for phased construction.
2.2.11 The Construction Manager shall prepare a Project con-
strucrion schedule pro\'iding for the components of the Work.
including phasing of construction, times of commencement
AlA DOCUMENT BS01/CMa . OWNER-CON~,Rl'Cno:,> '\IA.;'iAGER AGREE;'1ENT . 1992
EOITJO!'> . ,'\l..\:!- . @1992 . THE AMERICA."1 INsTlTL'TE 01' ARCHITEGn;. r:-~; NEW
YORK .WE:'>VE, K\'i'., WASHINGTON. D.C. 20006.S2<;fl . WARNING: Unlicensed
photocopying violates US. copyright taws and will subject the violator 10 legal prosecullon.
B801/CMa-1992 2
and completion required of each Contractor, ordering and
delivery of products requiring long lead time, and the occu-
pancy requirements of the Owner. The Construction Man-
ager shall provide the current Project construction schedule
for each set of bidding documents.
2.2.12 The Construction Manager shall expedite and coor-
dinate the ordering and delivery of materials requiring long
lead time.
2.2.13 The Construction Manager shall assist the Owner in
selecting, retaining and coordinating the professional ser-
vices of surveyors, special consultants and testing laboratories
required for the Project.
2.2.14 The Construction Manager shall provide an analysis
of the types and quantities of labor required for the Project
and review the availability of appropriate categories of labor
tequired fOt critical phases. The Construction Manager shall
make recommendations for actions designed to minimize
adverse effects of labor shortages.
2.2.15 The Construction Manager shall assist the Owner in
obtaining information regarding applicable requirements
for equal employment opporrunity programs for inclusion in
the Contract Documents.
2.2.16 Following the Owner's approval of the Construction
Documents, the Construction Manager shall update and sub-
mit the !atest estimate of Construction COSt and the Project
construction schedule for the Architect's review and the
~wn"" 'ppmval.
.' ~f~::;~l~~r~ i;; .~~ ~~~:l :l~=~I'J ~~:.~ ,l:~~\h~
2.2.18 The Construction Manager shall develop bidders' in-
terest in the Project and eSlablish bidding schedules. The
Construction Manager, with the assistance of the Architect,
shall issue bidding documents to bidders and conduct pre-
bid conferences with prospective bidders. The Construction
Manager shall assist the Architect with regard to questions
from bidders and with the issuance of addenda.
2.2.19 The Construction Manager shall receive bids, prepare
bid' analyses and make recommendations to the Owner for
the Owner's award of Contracts or rejection of bids.
2.2.20 The Construction Manager shall assist the Owner in
preparing Construction Contracrs and advise the Owner on
the acceptability of Subcontractors and material suppliers
proposed by Contractors.
2.2.21 The Construction Manager shall assist the Owner in
obtaining building permits and special permits for permanent
improvemems, except for permits required to be obtained
directlv bv the various COntractOrs. The Construction Mana-
ger sh~J1 ;erify that the Owner has paid applicable fees and
assessments. The Construction Manager shall assiSt the Owner
and Architect in connection with the Owner's responsibility
for filing documents required for the approvals of govern-
mental authorities having jurisdiction over the Project.
2.3 CONSTRUCTION PHASE-ADMINISTRATION
OF THE CONSTRUCTION CONTRACT
2.3.1 The Construction Phase will commence with the award
of the initial Construction Contract or purchase order and,
together with the Construction Manager's obligation to pro-
vide Basic Services under this Agreement, w~~ ays
after final payment to all ContractOrs is due. ~j~
2.3.2 The Construction Manager shal~o ministra-
tion of the Contracts for constrSn c eration with
the Architect as set forth below an "n th e "" n of AlA Docu-
ment A20IlCMa. General Conditi e Contract for Con-
struction, Construction Man:lger-Advlser Edition, current as
of the date of this Agreement.
2.3.3 The Construction Manager shall provide administra-
tive, management and related services to coordinate scheduled
activities and responsibilities of the Contracrors with each
other and with those of the Construction Manager. the Owner
and the Architect to endeavor to manage the Project in accor-
dance with the latest approved eStimate of Construction Cost,
the Project Schedule and the Contract Documents.
2.3.4 The Construction Manager shall schedule and conduct
meetings to discuss such matters as procedures, progress
and scheduling. The Construction '''lanager shall prepare
and promptly distribute minutes to the Owner, Archirect
and ContractOrs.
2.3.5 I..:tilizing the Construction Schedules provided by the
Contractors, the Construction Manager sha1l update the Proj-
ect construction schedule incorporating the activities of the
ContractOrs on the Project, including activity sequences and
durations, allocation of Jabor and materials, processing of Shop
Drawings, Product Data and Samples, and delivery of prod-
uctS requiring long lead time and procurement. The Project
construction schedule shall include the Owner's occup~ncy
requirements showing portions of the Project having occu-
pancy priority. The Construction Manager shall update and
reissue the Project construction schedule as required to show
current conditions. If an update indicates that the previously
approved Project construction schedule may not be met, the
Construction Manager shall recommend corrective actiOn to
the Owner and Architect.
2.3.6 Consistent with the various bidding documents. and
utilizing information from the ContractOrs, the Construc-
tion Manager shall coordinate the sequence of cOnstruction
and assignment of space in areas where the Contractors are
performing Work.
2.3.7 The Construction Manager shall endeavor to obtain
Satisfactory performance from each of the Contractors. The
Construction Manager shall recommend courses of action
to the Owner when requirements of a Contract are not
being fulfilled. ~
2.3.8 The Construction Manager shall monitor the approv~";i- 1 4'~ )
estimate of Construction Cost. The Construction- Managex...-J--~
::::t~ss~~:n~~~~le~~~t~:~; ~;~:~i~~ ~~!;~~~~~ ;~~ s~~~ . ~..,/
approved estimate.
2.3.9 The Construction Manager shall develop cash flow
reports and forecasts for the Project and advise the Owner
and Architect as to variances between actual and budgeted
or estimated costs.
2.3.10 The Construction Manager shall maintain account-
ing records On authorized Work performed under unit COStS,
additional Work performed on the basis of actual COSts oflabor
and materials, and other Work requiring accounting records.
2.3.11 The Construction Manager shall develop and imple-
ment procedures for the review and processing of applica-
tions by Contractors for progress and final payments.
^IA DOCUMENT BOOl/CMa . OWNER-CONSTRCC110N :-IANAGER AGREEMENT . 1992
EDITION . AlA'" . @J992 . THE AMERICAN INSTITUTE OF ARCHlTECl3. 1735 NEW
YORK AVENt..:E. N.W" WASHINGTON. D.C. 2(}006.;zn . WARNING: Unlicensed
ohctccoCllfn<Jvlol,n",., UR """"""""'''' '''''''''''''''..nll "'__ulnJ...........IarW.......-.otInn
3 B801/CMa-1992
~-.7"~-.. .
2.3.11.1 Based on the Construction Manager's observations
and evaluations of each Comractor's Application for Payment,
the ConS[fuction Manager shall review and certify the amounts
due the respective Contractors.
2.3.11.2 The Construction Manager shall prepare a Project
Application for Payment based on the Contractors' Certificates
for Paymem.
2.3.11.3 The Construction Manager's certification for payment
shall constitute a representation to the Owner, based on
the Construction Manager's determinations at the site as pro-
vided in Subparagraph 2.3.13 and on the data comprising
the Contractors' Applications for Payment, that, to the
best of the Construction Manager's knowledge, information
and belief. the Work has progressed to the point indicated
and rhe quality of the Work is in accordance with the Contract
Documents. The foregoing representations are subject to
an evaluation of the Work for conformance with the
Contract Documents upon Substantial Completion, to
results of subsequent tests and inspections, to minor
deviations from the Contract Documents correctable prior
to completion and to specit1c qualifications expressed by the
Construction Manager. The issuance of a Certific:He for
Payment shall further constitute a representation that the
Contractor is entitled to payment in the amount cerrified.
2.3.11.4 The issuance of a Certificate for paymem shall not
be a representation that the Construction Manager has (1) made
exhaustive or continuous on-site inspectiOns to check the
quality or quantity of the Work, (2) reviewed construction
means, methods, techniques, sequences for the Contractor's
own Work, or procedures, (3) reviewed copies of requisitions
received from Subcontractors and material suppliers and other
dara requested by the Owner to substantiate the Contractor's
right to payment or (4) ascertained how or for what purpose
rhe Contractor has used money previously paid on account
of the Contract Sum.
2.3.12 The ConstructiOn Manager shall review the safety
programs developed by each of rhe Contractors for pur-
poses of coordinating the safety programs with those of the
other Contractors. The Construction Manager's responsibilities
for coordination of safety programs shall not extend to direct
comrol over or charge of the acts or omissions of the Con-
tractors, Subcomractors, agems or employees of the Con-
tractors or Subcomractors, or any other persons performing
portions of the Work and nor directly employed by the
Construction Manager.
2.3.13 The ConstructiOn Manager shall determine in gen-
eral that the Work of each Comractor is being performed in
accordance with the requirements of the Contract Documents,
endeavoring to guard the Owner against defects and deficien-
cies in the Work. As appropriate, the Construction Manager
shall have authority, upon written authorization from the
Owner. to require additional inspectiOn or testing of the Work
in accordance with the provisions of the Contract Documents,
whether or not such Work is fabricated, installed or com-
pleted. The Construction Manager, in consultation with the
Architect, Olav reject Work which does not conform to the
requiremenrs' of the Contract Documents.
2,3.14 The Construction Manager shall schedule and coor.
dinate the sequence of construction in accordance with the
Contract Documents and the latest approved Project con-
struction schedule.
2.3.15 With respect to each Comractor's own Work, the Con-
struction ,'vlanager shall not have control over or charge of
p){ ,
and shall not be responsible for co~' ~"n', meth-
ods, techniques, sequences ~ edu~~; for safety
precautions and programs in onne 'ith the Work of
each of the Contractors, sinc e are solely the Contrac-
tor's responsibility under the Co act for COnstruction. The
Construction Manager shall nOt be responsible for a Contrac-
tor's failure to carn' OUt the Work in accordance with rhe
respective Contract Documents. The Construction Manager
shall nOt have control over or charge of actS or omissions of
the Contractors, SubcontractOrs, or their agents or employees,
or any mher persons performing portions of the Work not
directly employed by the Construction Manager.
2.3.16 The Construction Manager shall transmit to the Archi-
tect requests for interpretations of the me:ming and iment of
the Drawings and Specifications. and assist in the resolution
of questions that may arise.
2.3.17 The Construction Manager shall review requests for
changes, assist in negotiating Contractors' proposals, submit
recommendations to the Architect and Owner, and. if thev
are accepted, prepare Change Orders and Construction
Change Directives which incorporate the Architect's modifi.
cations to the Documems.
2.3.18 The Construction Manager shall assist the Architecr in
the review, evaluation and documentation of Claims.
2.3.19 The Construction Manager shall receive certificares of
insurance from the Contractors and forward them to the
Owner with a copy to the Architect.
2.3.20 In collaboration with the Architect, rhe Construction
Manager shall establish and implement procedures for expe-
diting the processing and approval of Shop Drawings, Prod-
uct Data, Samples and Other submittals. The Construction
Manager shall review all Shop Drawings, Product Data, Sam-
ples and other submittals from the ContractOrs. The Construc-
tion Manager shall coordinate submittals with information
contained in related documents and transmit to the Archi-
tect those which have been approved by the Consrruction
Manager. The Construction Manager's actions shall be raken
with such reasonable promptness as to cause no delay in the
Work or in the activities of the Owner or Contractors.
2.3.21 The Construction Manager shall record the progress
of the Project. The Construction Manager shall submit writ.
ten progress reports to the Owner and Architect including in-
formation on each Contractor and each Contractor's 'Work,
as well as the entire Project, showing percentages of com.
pletion. The Construction Manager shall keep a daily log con-
taining a record of weather, each Contractor's Work on the
site, number of workers, identification of equipment, Work
accomplished, problems encountered, and other similar rele-
vam data as the Owner may require.
2.3.22 The Construction Manager shall maintain at the Proj-
ect site for the Owner one record copy of all Conrr":lcts, Draw-
ings. Specifications. addenda, Change Orders and other
Modifications, in good order and marked currently to record
changes and selections made during construction, and in
addition, approved Shop Drawings, Product Dara, Samples and
similar required submittals. The Construction Manager shall
mainr.ain records. in duplicate. of principal building layout
lines. elevations of the bottom of footings. floor levels and
key site elevations certified by a qualified surveyor or profes-
sional engineer. The Construction Manager shall make all such
records available to the Architect and upon completiOn of the
Project shall deliver them to the Owner.
BR01/CMa-1992 <1
AlA DOCUMENT B801/CMa . OWNER.CONSTRIXTION MANAGER AGREEMENT. 19<.)2
EDl1'roN . AI/\o!l . @IW2 . THE AMERICAN lNSTlTl!TE OF ,\RCHITEGrS. ]";'5'i NEW
~::'~~~~.~~~l:~::'r~;:i', :'~~~~n~;~ ,,~;,.*i~::~(;::';;.;.. ~;"~~~~~~I ~;~~~:!
2.3.23 The Construction Manager shall arrange for the
delivery, storage, protection and security of Owner-purchased
materials. systems and equipment that are a part of the Proj-
ect until such items are incorporated into the Project.
2.3.24 'X'ith the Architect and the Owner's maintenance per-
sonneL the Construction :'I1anager shall observe the COntrac-
tors' final testing and stan-up of utilities, operational systems
and equipmem.
2.3.25 When the Construction Manager considers each Con-
tractor's \Xork or a designated ponion thereof substanrially
complete. the Construction j....lanager shall. ioinrly with the
Contractor. prepare for the Architect a list of incomplete or
unsatisfactory items and a schedule for their completion. The
Construction Manager shall assist the Architect in conducr-
ing inspections to determine t'.'hether the Work or designated
portion thereof is substantially complete.
2.3.26 The Construction Manager sl1all coordinate the cor-
rection and completiOn of the 'X'ork, Following issuance of
a Certificate of Substantial Completion of the Work or a
designated portion thereof. the Construction Manager shall
e\'aluate the completion of the Work of tht: Contractors and
make recommendations to the Architect when Work is read\'
for final inspection, The Construnion Manager shall assist th~
Architect in conducting final inspections.
2.3.27 The Construction l\'lanager shall secure and trans,
mit to the Architect warranties and slmilar subminals required
by the Comract Documents for deli\'ery to the Owner and
deliver all keys, manuals. record drawin'gs and maintenance
stocks to the Owner. The Construction Manager shall forward
to the Architect a final Project Application for Payment upon
compliance with the requirements of the Contract
Documents.
2.3.28 Duties, responsibilities and limitations of authority
of the Con~truction Manager as set forth in the Contract
Documents shall nOt be restricted. modified or extended
without written consent of the Owner. Construction Manager,
Architect and Contractors. Consem shall not be unreason-
ably '\\'irhheld.
ARTICLE 3
ADDITIONAL SERVICES
3.1 GENERAL
3.1.1 The St'n'ices descrihed in this Article:) are nor included
in Basic Services unless so identified in Articlt: 14, and the\'
shall he p:lid for by the Owner :1:< provided in this Agre~-
mem, in addition to the compensation for Basic Ser\"ices. The
Optional Additional Services descrihed under Paragraph ;'I.;'>
shall only be prO\-ided if :llIthorized or confirmed in writing
by the Ot'.'ner. If sen'kes described under COntingent Addi.
tional St'r\'ices in P:uagraph ,1.2 are required due to cir-
cumstance:, heyond the Constructil)n "I,mager's controL rhe
Construction I\lanager shall norify the Owner prior to com-
mencing such sen'ices. If the Owner deems that such sen'ices
described under Par:lgraph 3.2 are not required, the Owner
shall gh'e prompt written notice to the Construction :>'lanager.
If tht: O\yner indiclles in '\\Titing that :lll or parr of such
Contingent Additional Sen'ices are not required, the Con-
struction I\lanager shall ha\'e no obligation to pro\'ide
those serdces.
3.2 CONTINGENT ADDITIONAL SERVICES
3.2.1 Prodding sen'ices required because of significant
~
changes in the Project including. but not ll~~nge~
in size. quality, complexity or the o~r. sd] ff~~
3.2.2 Pro\'iding consultation con rnin cement of
Work damaged by fire or other cau ng construction,
and furnishing sen'ices required in connection with the
replacement of such Work.
3.2.3 Pro\'jding serYices made necessary by the termination
or default of the Architect or a Contractor, b\' major defects
or deficiencies in the Work of a COntractor, or b\' failure of
performance of either the Owner or Contractor under a Con.
tract for Construction.
3.2.4 Prm'iding sen'ices in e\'aJuating an extensive number
of claims submitted by a ContractOr or otht:rs in connection
With the \l:brk. .
3.2.5 Providing sen'ices in connection wirh a pllblic Ilear-
ing. arbitration proceeding or legal proceeding except where
the Construcrion M:ll1ager is party thereto.
3.3 OPTIONAL ADDITIONAL SERVICES
an. uipmem.
3.3.2 Prm - 'ng sen'ices ro investigate existing conditions or ~Tl.,,"""
facilities or ro (wide measured drawings thereof. ~~.x
3.3.3 Pro\'iding sen'l ro verify the accuracy of drawings I
or Other information furn: ed by the O'\\'ner.
3.3.4 Providing services require r or in connection with
the Owner's selection, procuremelll installation of fur-
niture. furnishings and relared equipmen .
3.3.6 Prm'iding any other services not orherwise included
in this Agreement.
ARTICLE 4
OWNER'S RESPONSIBILITIES
4.1 The Owner shall provide full information regarding
requirements for the Project. including a program which shall
set forth the Owner's objectives. schedule, constraims and
criteria, including space requirements and relationsllips, flex-
ibility. expandabiJity. special equipment. systt:ITIS, and site
requiremellls.
4.2 The Owner shall establish and updare an O\'erall budget
for the Project based on conSllltation with the Consrruction
Manager and Architect. which shall include the Construction
Cost. the Owner's other costs and reasonable contingen-
cies related to all of rhese costs.
4.3 If requested by the Construction :>'1anager. the OVl'l1er
shall furnish evidence that financial arrangements have been
made to fulfill the Owner's obligations under this Agreemelll.
4.4 The Ov,ner shall designate a represemati\-e authorized
to act on the O'\\'ner's behalf with respect to the Project. The
Ownt:r. or such authorized represent~th'e, shall render deci-
sions in a timely manner pertaining to documents submit-
red by the Construction Manager in order to avoid
unreasonable delay in the orderly and sequential progress of
the Construction ?\tanager's services.
4.5 The Owner shall retain an architect whose servkes. du-
tks and responsibilities are described in the edition of AlA
AlA DOCUMENT B801fCMa . O\'C,EH.CONSTIU 'CTIOl' ~1.'\!'<.~Gf.R AGREBIE!':T . 1992
EmTION . AIA" . tS'1992 . TilE .UlERICo\" IN~T1Tl 'TE Of ."HCHlTECT~. 1-5~ NE\,('
YORK A\'f."t"E. N.\'\'.. \X'A~IIJN(;n),,_ I1.C. 2I1ml('.~292 . WARNING: Unlicensed
Document Bl-l1fC:-.ta. Standard Form of Agreement Between
Owner and Architect. Construction Manager-Adviser Edition.
current as of the dare of this Agreement. The Terms and Con-
ditions of the Agreement Between the Owner and .-\rchitect
shall be furnished to the Construction ~l:mager :md shall nOt
be mouified without written consent of the Construction
~J:lOager. which consent shall nOt be unre:.lsonabl\" withheld.
Tht: Construction :-'l:mager shall not be responsible for actions
taken by the Architect.
4.6 The Owner shall furnish strucIllral. mechanical. chemical.
air and W:Her pollution tests. tests for haz:!rdous materi:!ls. and
other bboramry and environmental tests. inspections and
reports required by law or the Contract Documents.
4.7 The Owner shall furnish all legal. accounting and insur-
~~~ep~~~~~~li~~ ~~~~~~~!~~ t~i\~~\~~~:s;~;!~~:~~~ l~~; t~~~
uire to \'erify the Contracrors' Applicalions for P:lyment or
to ascertain how or for what pLlrposes the Contractors have
used the money p:lid by or on behalf of the Owner.
4.8 The Owner shall furnish the Construclion Manager with
a sufficient quantity of Construction Documents.
4.9 The services. information and reports required by Para-
graphs 4.') through 4.8 shall be furnished at the Owner's
expense. and the Construction Manager shall be entitled to
.rely upon the accLlracy and completeness thereat'.
4.10 Prompt written notice shall be given by the Owner to
the Construetion Man:lger and Architect if the Owner
becomes aware of any fault or defect in the Project or non-
conformance with the ContraCt Documents.
4.11 The O\....ner reserves the right to perform construction
anu operations related to the Project wilh the Owner's own
forces. and to award contracts in connection with ,he Proj-
ect which are not part of the Construction ;'vtanager's respon-
sibilities under this Agreement, The Construction ~Ianager
shall notify the Owner if any sllch independent action will
interfere 'with the Construction ~lanager";; ability to perform
the Construction ."tanager's responsibilities under this Agree-
ment. When performing consrruction or oper:ltions related
to the Project. the Owner agrees to be subject to the same
obligations and to have the same rights as the Contractors.
4.12 information or services under the Owner's control shall
be furnished by the Owner with reasonable promptness to
avoki delay in the orderly progress of the Construclion :-'Ian-
ager's sen'ices and the progress of the Work.
ARTICLE 5
CONSTRUCTION COST
5.1 DEFINITION
5.1.1 The Construction Cost shall be the total cost or esti-
mated cost to the Owner of all elements of rhe Project
designed or specified by rhe Architect.
5.1.2 The Construction Cost shall include the COSt at current
market rates of labor :.md materials furnished bv the Owner
and equipment designed. specified. selected or specially pro-
vided for by the Architect. plus a re:lsonable allowance for
the Contractors' overhead and profit. In addition. a reason-
able allowance for contingencies shall he included tilr market
conditions at the time of bidding and for changes in the Wbrk
during constrtlction. Except :lS provided in Subpar:lgraph
5.1.:', Construction COSt sh:lll also include the cO.t;:pensa-
~i;e~'sO~~~~lI~~nn;:~ruCtiOn ;'v:~~,ge~ t.n'~.~~ffllCtlX> ~lan-
5.1.3 Construction Cosr d~01J\QJbe\fue compensa-
[ion of the Architect and :\r..'tec '~~lltants. costs of The
land. rights-of.way. financing ther COStS which are the
responsibililY of the Owner :IS provided in Article .... If :lny
portion of the Construction ~I:lnager's (ompensarion is b:.lsed
upon a percentage of Construction Cost. then Construction
Cost. for the purpose of determining such portion. shall not
include the compens:llion of the Constrtlcrion :\tanager or
Construction ivlan:lger"s consultants,
5.2 RESPONSIBILITY FOR CONSTRUCTION COST
5.2.1 Evaluations ot the Owner's Project budget. prelimi-
nan- esrimates of Construction COSt amI l1et:tiled estimatcs
of Construction Cost prepared by the Consrruction ,\tanager
represent the Construction ~1:ll1ager's best judgment as :1 per-
son or entity tamiliar ",'ith the constructiOn industry. It is
recognized, (lowever. th:lt neither the Construction :\Ianager
nor the Owner has control over the cost of l:tbor. materials
or equipment. over Contractors' methods of determining bid
prices. or O\'er competitive bidding, market or negotiating
conditions. Accordingly. the Construction ~I~tn:ager cannOt and
does not warram or represent that bids or negotiated prices
will not vary from the Project budget proposed. established
or approved by the O",'ner, or from :my COSt estim:tte or
evaluation prepared by the Construction :-'Ian age r.
5.2.2 No fixed limit of Construction COSt shall be established
as a condition of this Agreement by the furnishing. proposal
or establishment of a Project budgel unless such fixed limit
has been agreed upon in writing and signed by the parries
hereto. If such a fixed limit has been established. the Con-
struction :Ylanager shall be permitted to include contin-
gencies for design, bidding and price escalation. and shall con-
sult with lhe Architect to determine what materials. equip-
ment. component systems :.lnd types of construction are to
be included in the Comr:.lct Documents. to suggest reasonable
adiustments in the scope of the Project. and to suggest inclu-
sion of alternate bids in the Construction Documents to :tdjust
the Construction Cosr to the fixed limit. Fixed limits. if any,
shall be increased in the amount of an\" increase in the Co~-
tract Sums occurring after execlllion' of the Contracts for
Construction.
5.2.3 If the Bidding or ~egotiation Phase has not commenced
within 90 da\'s after submittal of the Construclion Documents
to the Owne'f. any Project budget or fixed I!mit of Conslruc-
tiOn COSt shall be adjusted to retlect changes in the general
Je\'el of prices in the construction industry belween [he date
of submission of the ConstruCtion Documents to the Owner
and the date on which proposals are sought.
5.2.4 If a fixed limit of Construction COSt (adjusted as pro-
vided in Subparagraph .,.2.5) is exceeded by the sum of the
lowest bona fide bids or negotiated proposals plus the Con-
srfllction Manager's eStimale of other e1emems of Construc-
tion COSt for the Project. tIle Owner shall:
.1 gh'e written :lpproval of an increase in ~L1ch fixed
limit:
.2 authorize rebidding or renegotiating of the Proj-
ect within :I reason:lble time;
.3 if the Project is abandoned. terminate in accordance
with Paragraph L)..~; or
AlA DOCUMENT 8801/CMa . OW:>IER-CON:-.TRl'crtON \IANAGER AGREE!>lE:'<T . 1')<)2
EDITION' .UA" . '91')')2 . THE MIERICAN INSTITl'TE Of ,\IlCHI1'ECTS. 1-5~ :>IEW
YOllK A\'E:-II'E. :-<W.. \,.'''~I IIN(,TON. n.L 20110(,-~2l)2 . WARNING: Unlicensed
photocopying violates U.S. copyright laws and will subjectlhe violator to legal prosecution.
B801/CMa~1992 6
.4 cooperate in revising the Project scope and quality
as required to reduce the Construction Cost.
5.2.5 If the Owner chooses to proceed under Clause 5.2.-1.4,
the Construction l\1anager. without additional charge, shall
cooperate with the Owner and Architect as necessary to bring
the Construction Cost within the fixed limit. if established
as a condition of this Agreement.
ARTICLE 6
CONSTRUCTION SUPPORT ACTIVITIES
6.1 Construction suPPOrt acti\'ities, if prO\'ided b~- the Con-
struction Managet, shall be governed by separate comrac-
mal agreemems unless otherwise provided in Arricle 1-1.
6.2 Reimbursable expenses listed in Article 14 for construc-
tion suPPOrt activities may be subject to trade discountS,
rebates. refunds and amounts received from sales of surplus
materials and equipmem which shall accrue to the Owner,
and the Construction Manager shall make prodsions so that
they can be secured.
ARTICLE 7
OWNERSHIP AND USE OF
ARCHITECT'S DRAWINGS, SPECIFICATIONS
AND OTHER DOCUMENTS
7.1 The Drawings, Specifications and other documems
prepared by the Architect are instrumems of the Architect's
service through which the Work to be executed by the
Contractors is described. The Construction Manager may
retain ooe record set. The Construction Manager shall not own
or claim a copyright in the Drawings, Specifications and other
documents prepared by the Architect. and unless orher\'\-ise
indicated the Architect shall be deemed the author of them
and wi!! retain all common law. stamtor\" and other resen'ed
rights, in addition to the copyright. All copies of them. except
the Construction Manager's record set, shall be returned or
suiubly accoumed for to the Architect, on request, upon com.
pletion of the Project. The Drawings, Specifications and other
documents prepared by the Architect, and copies thereof fur-
nished to the Construction Manager, are for use solely with
respect to this Project. They are not to be used by the Con-
struction Manager on other projects or for additions to thiS
Project outside the scope of the Work without the specific
written consent of the Owner and Architect. The Construc-
tion Manager is gramed a limited license to use and reproduce
applicable portions of the Drawings, Specifications and other
documents prepared by the Architect appropriate to and for
use in the performance of the Construction Manager's serl"ices
under this Agreement.
All copies made under this license shall bear the StatUtory
copyright norice. if an}~ shown on the Drawings, Specifica-
tions and Other documents prepared by the Architect. Sub-
mittal or distribution to meet official regulatOry requirements
or for other purposes in connection with this Project is not
to be construed as publication in derogation of the Archi-
tect's copyright or other resen-ed rights.
ARTICLE 8
ARBITRATION
0.1 81-:.~. _', t' l I. '1
13Rrties EEl [I '" .' greemcl t ari5if!g dUE ef
b ....... J!....
I . b I.3 II,;J
AlA DOCUMENT B801/CMa . O\'i"NER-CONSTRlJcrJON MANAGER AGREEMENT. 1992
EDITJOr.; . AIA~ . @1992 . THE AMERICAN !NSTITlJTE OF ARCHITECTS. I"':'o~ NEW
~2.~:.'....A'::'~~~;~I!:':~!;"' ~~~ ~~_~:~~.: _,:.~: ....:.o_o~~~~: ?.2~,_~~ ~ ~[~~~, ~_~Iice~~_ed
7 BS01/CMa-1QQ2
A; ~~~:~;~~~~I~ ~~Ct~:d~~~:r;~~h ~~~it;~~~J~r~~~~O~~a~~:nu~~:: \)
rem . in effect unless the parties mutually agr~*'ise.
~~~e~;ar a~~of~~i:~:~~:~~enn~~~~ ~i:~~~~r;can~~~i~~a~
tion ASSOCI tion. A demand for arbitration shall be made
within areas nable time after the claim, dispute or Other
maner in quest n has arisen. In no event shall the demand
for arbitration b made after the date when institution of
legal or equitable p oceedings based on such claim, dispute
or other matter in gu tion would be barred by the applicable
statutes of limitations.
8.3 No arbitration arisin out of or relating to this Agree-
ment shall include. by cons idation, joinder or in any other ~~\TLc.""
manner, an additional perso or entity not a parry to this ~
Agreement, except by written nsent containing a specific
reference to this Agreement signe by the Owner, Construc- ,
tion Manager, and any other perso or entity sought to be
joined. Consent to arbitration involvi an additional person
or emity shall nOt constitute consent arbitration of any
claim, dispute or other matter in questio nor described in
the written consem or with a person or en 'ry not named or
described therein. The foregoing agreement arbitrate and
other agreements ro arbitrate with an addirional erson or en-
tity duly consented to by the panies to this Agre mem shall
be specifically enforceable in accordance with app able law
in any coun having jurisdiction thereof.
8.4 The award rendered b\- the arbitrator or arbitrators hall
b~ final, a~d judgme~lt ma~: be emere.d u~o~ it,in .accorda e
ARTICLE 9
TERMINATION, SUSPENSION
OR ABANDONMENT
9.1 This Agreemenr may be terminated by either pany upon
nor less than seven days' written notice should the orher party
fail substantiaJIy to perform in accordance with the terms of
this Agreement through no fault of the pany initiating
the termination.
9.2 If the Project is suspended by the Owner for more than
30 consecutive days, the Construction Manager shall be com-
pensated for sen-ices performed prior to notice of such
suspension. When the Project is resumed, the Construction
Manager's compensation shall be equitably adjusted to pro-
vide for expenses incurred in the interruption and resump-
tion of the Construction Manager's services.
9.3 This Agreement may be terminated by the Owner upon
nor less than seven davs' written notice to the Construction
Manager in the event ~hat the Project is permanently aban-
doned. If the Project is abandoned by the Owner for more
than 90 consecutive days, the ConstructiOn Manager may ter-
minate this Agreemem by giving written notice.
9.4 Failure of the Owner to make paymems to the Construc-
tion Manager in accordance with this Agreement shall be con-
sidered substantial nonperformance and cause for termination.
9.5 If the Owner fails to make payment when due the
Construction Manager for services and expenses, the Con-
struction Manager may, upon seven days' written notice
to the Owner, suspend performance of services under this
Agreement. Unless payment in full is received by the
Construction Manager within seven days of the date of the
notice, the suspension shall take effect without further notice.
In the event of a suspension of services, the Construction
Manager shall have no liability to the Owner for delav or
damage caused to the Owner because of such suspension of
services.
9.6 In the event of termination not the fault of the Construc-
tion Manager, the Construction Manager shall be compensated
for services performed prior to termination, together with
Reimbursable Expenses then due and all Termination Ex-
penses as defined in Paragraph 9.7.
9.7 Termination Expenses are those COStS directly attribut-
able to termination for which the Construction Manager is
not otherwise compensated.
ARTICLE 10
MISCELLANEOUS PROVISIONS
10.1 Cnless otherwise provided. this Agreement shall be
governed by the law of the place where the Project is located.
10.2 Terms in this Agreement shall have the same meaning
as those in the edition of ALA Document A2Gl/CMa, General
Conditions of the Contract for Construction, Construction
Manager-Adviser Edition, current as of the date of this
Agreement.
10.3 Causes of action between the parties to this Agree-
ment pertaining to acts or failures to act shall be deemed to
have accrued and the applicable statutes of limitations shall
commence to run not later than either the date of Substantial
Completion for acts or failures to act occurring prior to
Substantial Completion, or the date of issuance of the
tlnal Project Certificate for Payment for actS or failures to
act occurring after Substantial Completion.
10.4 Waivers of Subrogation. The Owner and Construction
Manager waive all rights against each other and against the
ContractOrs, Architect, consultants, agents and employees of
any of them, for damages, but only to the extent covered by
property insurance during construction, except such rights
as they may have to the proceeds of such insurance as set forth
in the edition of ALA Document A201/CMa, General Condi-
tions of the Contract for Construction, Construction Manager-
Adviser Edition, current as of the date of this Agreement. The
Owner and Construction Manager each shall require similar
waivers from their ContractOrs. Architect, consultants, agenrs,
and persons or entities awarded separate contracts adminis-
tered under the Owner's own forces.
10.5 The Owner and Construction Manager, respectively,
bind themselves, their partners, successors. assigns and legal
representatives to the other party to this Agreement and to
the partners, successors, assigns and legal representatives of
such other party with respect to all covenants of this Agree-
ment. Neither Owner nor Construction Manager shall assign
this Agreement without the written consent of the other.
10.6 This Agreement represents rhe entire and integrated
agreement between the Owner and Construction Manager and
supersedes all prior negotiations, representations or agree-
ments, either written or oral. This Agreement may be amended
only by written instrument signed by both Owner and Con-
struction Manager.
10.7 Nothing contained in this Agreement shall create a con-
tractual relationship with or a cause of action in fuvor of a
third party against ei~her the ~wn~r o~s~~n ~:\ager.
10.8 Unless OtherWise provld t~i'\ r,e'~t, th6J:on-
struction Manager and the Co tructi M .~'s consultants
shall have no responsibility ~ the is y, presence, han-
dling, removal or disposal of 0 sure of persons to hazar-
dous materials in any form at the Project site, including but
nor limited to asbestos, asbestos products, polychlorinated
biphenyl (PCB) or other roxic substances.
ARTICLE 11
INSURANCE
11.1 CONSTRUCTION MANAGER'S LIABILITY
INSURANCE
11.1.1 The Construction Manager shall purchase from and
maintain in a company or companies l:lwfully authorized to
do business in the jurisdiction in which the Project is located
such insurance as will protect the Construction Manager from
claims set forth below which ma\' arise out of or result from
the Construction Manager's ope~tions under this Agreement
and for which the Construction Manager may be legally liable.
.1 claims under workers compensation, disability
benefit and other similar employee benefit acts
which are applicable to rhe operations to be
performed;
.2 claims for damages because of bodily injury, occu-
pational sickness or disease, or death of the Con-
Struction M:lnager's employees;
.3 claims for damages because of bodily injury,
sickness or disease, or death of any person other
than the Construction Manager's employees;
.4 claims for damages insured by usual personal injury
liability coverage which are sustained (I) by a per-
son as a result of an offense directly or indirectly
related to employment of such person by the Con-
struction Manager, or (2) by another person;
.5 claims for damages, other than to the \~'ork itself,
because of injury to or destruction of tangible prop-
erty, including loss of use resulting therefrom;
.6 claims for damages because of bodily injury. death
of a person or property damage arising Out of
ownership, maintenance or llse ofa motor vehicle.
11.1.2 The insurance required by Subparagmph 11.1.1 shall
be written for not less than limits of liability specified in Arti-
cle 14 or required by law, whichever coverage is greater.
Coverages, whether written on an occurrence or claims-made
basis, shall be maintained without interruption from date of
commencement of operations under this Agreement until date
of final payment and termina.tion of any cov~r equired
to be maintained after tlnal paymem. "i:-\
11.1. 3 Refer to article 14.
ARTICLE 12
PAYMENTS TO THE CONSTRUCTION GER
12.1 DIRECT PERSONNEL EXPENSE
12,1.1 Direct Personnel Expense is detlned as the direct
salaries of the Construction Manager's personnel engaged on
the Project :lnd the portion of the COSt of their mand:Hory
and customarY contributions and benefits related thereto. such
as empl()ym~nt taxes and other statutory employee bene-
AlA DOCUMENT BB01/CMa . OWNER.CONSTRt:CnON MANAGER AGREEMENT. 19'>2
EDITION. ,\!A'" . @1992 . TRE A1\.1ER!CAN IN:',!TUTE 01'" ARCHITEcrs, 1735 NEW
YORK AVENUE. NW.. WASHINGTON. D.C. 20006.';291 . WARNING: Unlicensed
photocopying violates U.S. copyright laws and will subject the violator to legal proseclIllon.
S801/CMa-1992 8
fits, insurance, sick leave, holidays, vacations, pensions and
similar contributions and benefits.
12.2 REIMBURSABLE EXPENSES
12.2.1 Reimbursable Expenses are in addition to compensa-
tion for Basic and Additional Services and include expenses
incurred by the Construction :Vl;mager and Construction
Manager's employees and consultants in the interest of the
Projecr, as idemitled in the following Clauses.
12.2.1.1 Expense of transportation in connection with the
Project: expenses in connection with authorized out-of.town
travel; long-distance communications: and fees paid for se.
curing approval of authoriries having jurisdiction over the
Project.
12.2.1.2 Expense of reproducrions. post;!ge, express deliv-
eries, elecrronic facsimile transmissions and handling of Draw-
ings, Specifications and other documents.
12.2.1.3 If authorized in advance by the Owner, expense of
overtime work requiring higher than regular r;ltes.
12.2.1.4 Expense of addition;![ insurance coverage or limits
requested by the Owner in excess of that normally carried
by the Construcrion :-'1anager.
12.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES
12.3.1 An initi;!l payment as set forth in Paragraph 13.1 is the
minimum payment under this Agreement,
12.3.2 Subsequent payments for Basic Services shaH be made
monthly and. where ;!pplicable, shall be in proportion ro ser-
vices performed within each phase of service. on the basis
set forth in Subparagraph 13.1.1.
12.3.3 If and to the extent that the time initiallv established
in Subparagraph 13.5.1 of thiS Agreement is ~xceeded or
/<;:- . .~
extended through no fault of the Construction :v~~, ,-
pensation for any services rendered dU~' t , itiO\~,1
period of time shall be computed[;' e an r t forth i:rl
Subparagraph 13.3. L J,
12.3.4 When compens;!tion is bas percentage ot' Con.
struction COSt and :my portions of the Project are deleled or
otherwise not constructed. compensation for those portions
of the Project shall be payable to the extent serYices are per-
Formed on those portions, in a.ccordance wilh Subp;!ragraph
1.).2.1. based on (1) the lowest bona fide bids or negotiated
proposals. or (2) if no such bids or proposals are receh'ed.
the latest approved estimate of such portions of the Project.
12.4 PAYMENTS ON ACCOUNT OF ADDITIONAL
SERVICES AND REIMBURSABLE EXPENSES
l~ :i't~ o~~r~::~,ti~~sn;l ~~~c~~rn ~~~ ~~ r;:~~~~t ~l~C;~~l~~~l~~~~~e~;
made monthly upon presentation of the Construnion ;..lan-
ager's statement of services rendered or expenses inCLlrred,
12.5 PAYMENTS WITHHELD
12.5.1 No deductions shall be made from the Construction
Manager's compensation on account of penalty, liquidated
damages or other sums withheld from payments to Contrac-
tors, or on account of the cost of ch;!nges in Work Other than
those for which the Construction Manager has been found
to be liable.
12.6 CONSTRUCTION MANAGER'S
ACCOUNTING RECORDS
12.6.1 Records of Reimbursable Expenses and expenses
pertaining to Additional Services and services performed on
the basis of a multiple of Direct Personnel Expense shall be
a\'aiJable to the Owner or the Owner's allthorized represen.
m.tive at mutually convenient times.
9 B801/CMa-1992
AlA DOCUMENT BBOllCMa . OW;\lER.CONSTRl'C,TION ,\lA~AGER AGREE.\IENT . 1')1.)1
EDITION . .-\rA'~ .91992 . THE A.\IEllIC\N 1;';5T1TI'TE OF ,\RClIITECTS. 17~~ :-:EW
YORK ,WF.;';l'F.. ~.w.. W'"SH1NGTON. D.C. 1111101>.~l<)2 . WARNING: Unlicensed
photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.
ARTICLE 13
BASIS OF COMPENSATION
cco~~
Tht;' Owner shall compensate the Construction :'-l:mager as follows:
13.1 A:\ 1:\ITIAL PAY:-'IE;\"T of Dollars (5 0.00
shall be made upon execution of this Agreement and credited w the Owne(s acCOunt at final payment.
13.2 BASIC COMPENSATION
13.2.1 FOR BASIC SER\"ICES. as descrihed in Article 2. and any other St'n'ices included in Arricle l-l as parr of Basic Sen'ict'S.
Ba~k C,)mpensation shall be computed as follm';s:
For Prt:-Construction Phase Ser\"ices:
'IJU'l','r hu....I...: u! L"()111/JL'JJ.';;(f::rOf, i1JcludiJl.~ .'UJII/(hl/('d ....um,'.. I1lultifJlr.'... ur .n('r((,IlUi,[!I'~< I
Fur Construction Phase Sen'ices:
13.3 COMPENSATION FOR ADDITIONAL SERVICES
13.3.1 FOR ADDlTJO:\'AL SER\'ICES OF THE CO:\'STRl"CTIOl' :>'IA:-\AGER. as described in :'r.rricle .1. and am' other ser\"ices
inclLlded in Article 1--1 as Additional Ser\"ices. compensation shall be computed as follows: .
I!JJ:.e,"r lJ(/...;I... r~1 CflJUllL'U.,(U/uli. ;tlcludnlJ4 ,'(/It.;.,, "JliI-tW JlmJ1iph'.~' f~/LJir('f! FI..'n;twm'" H.YptwsI..../w.f'n-uL"lfJoJ.... (lnd ('m(1lf~n/l/"'" and irh..~1I10)' Prindpal...;; ilud ~'I(I..;;.o;(/l'
CIJt/'/(~~'('f.o.,:;, if '.'/lfltu'{'d. l,iL~lltUY .~/'el.:~iit.' .,Li..j'I.ic(..... ifJ Jl'bld~ /JiII'1Ii:lIll.1r mefbu,ls (~,. r.."fJlJ1/}fNIStIllfJI/ (11'1'1): {I m..r.:L~::o'Sll.(l:)
Direct Cost Plus 5%
13.4 REIMBURSABLE EXPENSES
13.4.1 FOR REI:-'lBl-RSABLE EXPE:--:SES. aSdfrerihed in Para~raph F&. and any other items included in Article I; as Rdm.
hursahit;' Expenses. a mllhiple of ( . l times rhe expenses incurred by rhe Construction
.\ l:111ager ami the ConstrLlCIinn -'tanager's employees and consLlltants in the interest of the Project.
13.5 ADDITIONAL PROVISIONS
13.5.1 IF THE BA:-ilC SER\'ICE~ wn:red hy this A!!n:emenr have nor bt'en compkred 'C\'irhin Twenty-four (24)
momh:, ~)f rlK' t1:ut:' hereof. rhWll!!h no fault of the Consrrucrion .\Ianager. extension of rhe Construction .\lana~er's ser\"ices
heYlmtl rh:H rime shall he compensared as pru\'ided in Subparagraphs 12.;'>_.-\ and 1..1,...1,.1.
13.5.2 P-.lymems :JXt' Jue and p:lY:lhle: Fifteen ( 15 ) days from rhe date of the Construction .\I:mager's
innlicl:'. Amounts unpaid Thirty ( 30 I da\"s afrer rhe invoice date shall bear interest at the rare entered
helo\\". or in the ahsence th~renf ar the l~aLrate...pre\':lilim!..from t.i.Tne.Kl time al.tlle prin(.:ipal.RlacS. ~)t:.b.1l2iJ2~iEg~!..h..!_C~~~~t.r.uc.
tion .\I:ll1:lger.
r In.'.L'}'t rUil' I~I tJU,'rL....t (t~~vr.'d upno, j
Prime plus 2%
1'....10"1' hun' llud "elJ'H"L'}Uf.~'Jt.... tludei' tbL" F~..'t.ler(ll Tl'ulb in 1.'-'''f./illJ.! .""I,.c;t. .,'lmil,,,. ....(tUl' (lIul /rKul CbJl.~JfJJ1t'r tTt.dJt law...: and otbeJ' 1't..~llJfllilJ)J."; tlll1.iL' (Ju'w.',.':: /lut.!
(~tJI/.",'l"lI~'r/f"1 J/Ul/lI,t!l"",; lJrclJcciJuJ fl/(lt..~L'.'; (!! hUiOiuc."s.,'. tbl' 1r".:l.Iru,u ufllJf.' l'n!it.'{." and I/I.'il/wht're III(~r tlJ)I.'a Illt. /'{IIi"l~I' '~/lbl~";; fJTlwi.....;ul1.. .VJi.'C{lir,: fLo)J.o/ at/t'iLet'
:./IrJ/iltI h.. ~I/J/(I/J/('" ,{"lib rL'~-{pt!(/ /0 ,tr,4IHIOIl_"'~ fIr m(J{/(li","(lUO'1s'. ancl al.';'41 reJ.!flrdin}< Tf!qllin.'11It'l1f." ,..;;uch (.~. wrlt/t'U disdo....urt.$ tW wtlin'''.~.)
13.5.3 The rates and multiples set forth for Additional Services sh:lll he annually adjusred in accordance with normal salary
re\-iew practices of rhe Construction ;,hnager.
AlA DOCUMENT B801/CMa . O\X'~ER.CO:-<sTR1'crro~ ~1A:-;AGER AGREl:::~'E~T . l'.ll)!
~~ )~r~'~~ );\.: ~~l:.~t :. \~ [~)t~;,.: I ~J"I:~~~I~:RI~.:-;~ l;~~!.I,~.~.~!~ ~ o~ l;~s'~~r;~~I'i~~L-:.~E~~
~/.. <~I/
ARTICLE 14 ((-0:.> 0 f \\
(/lt~m descriptions of otber semces. ide1llijy Addlt~:~~::c~~~u~::~~:,S8a~~ C:~:::~~~!d m(Jdifical""~ pal'mem alld compensalion
tern... included i11 Ibis AJlreeme!ll.)
14.1 Limits on Insurance
The insur:mce required by Arricle 11 sh:dJ be written for nO! less than the following limits. or greater if required by law:
8.5"s..,., tCI~~~~ ddj~;;~t;~n~t';th:r;{~tt~~~nj';;aq~:~i~rt ~~~~~n the parties to this agreement arising out of or
relating to this agreement or breach thereof shall be ~decided by mediation.
11.1.3 Worker's Compensation:
a) State: Idaho
b} Applicable Federal
c) Employer's Liability
Statutory
Statutory
$100,000 per Accident
$500,000 Disease, POlicy Limit
$100,000 Disease, Each Employee
Comprehensive or Commercial General Liability (including Premises-Operations; Independent
Contractors' Protective; Products and Completed Operations; Broad Form Property Damage):
a} Bodily Injury: $1,000,000 Each Occurrence
$3,000,000 Aggregate
$1,000,000 Each Occurrence
$3,000,000 Aggregate
Products and Completed Operations to be maintained for at least three years after final payment:
$1,000,000 Aggregate
d) Property Damage Liability Insurance shall provide X, C and U coverage.
e) Broad From Property Damage Coverage shall include Completed Operations.
Contractual Liability:
a) Bodily Injury:
b) Property Damage:
b)
Property Damage:
c)
$1,000,000 Each Occurrence
$1,000,000 Each Occurrence
$3,000,000 Aggregate
Personal Injury, with Employment Exclusion deleted:
$1,000,000 Aggregate
Business Automobile Liability (including owned, non-owned and hired vehicles):
a) Bodily Injury: $1,000,000 Each Occurrence
b) Property Damage $1,000,000 Each Occurrence
Professional Liability
a) Aggregate limit: $1,000,000
This Agreement entered into as of the day and year first written above.
OW~ER
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CONSTRUCTION MANA7~ ~ ,
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tSiR",lture)
Robert F. Uhlom, Vice President
(Prmted "llme and lill"j
tPrlllled tlaml!lmd tille) .
r!! CAUTION: You should sign an original AlA document which has this caution printed in red.
j j An original assures that changes will not be obscured as may occur when documents are reproduced.
See Instruction Sheet for Limited License for Reproduction of this document.
AlA OOClIMENT B801/CMa . O~'NER.cONSTRt:cnON MANAGER AGREEMENT. 1992
EDITION · ....L.... . @l992 * TIiE AMERIC.'I..'II INSTlTt'TE OF ARCHITECTS. 1~3; !'<E\'I:"
YORK AVENl'E. N.W.. WASHINGTON. D.C. 20006-~292 . WARNING: Unlicensed
~~US.~__wlll...__~....""""!.............."",,,
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* Printed on R
_ ecycfed Paper
10/92
March 30, 2001
MERIDIAN CITY COUNCIL MEETING
Department Report
April 3,2001
APPLICANT Gary Smith ITEM NO. 4 A - t
REQUEST Engineering Agreement with CH2M Hill for Water Master Plan Project
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
COMMENTS
1/)./
tpr
Contacted:
Date:
Phone:
Materials presented at public meetings sholl become property at the City at Meridian.
CH2MHILL STANDARD AGREEMENT FOR PROFESSIONAL SERVICES
City of Meridian, Idaho
for a PROJECT qenerally described as:
This AGREEMENT is between CH2M HILL INC., ("ENGINEER"), and
("OWN ER")
Water Master Plan
ARTICLE 1. SCOPE OF SERVICES
ENGINEER will perform the Scope of Services set forth
in Attachment A.
ARTICLE 2. COMPENSATION
OWNER will compensate ENGINEER as set forth in
Attachment B. Work performed under this
AGREEMENT may be performed using labor from
affiliated companies of ENGINEER. Such labor will be
billed to OWNER under the same billing terms
applicable to ENGINEER's employees.
ARTICLE 3. TERMS OF PAYMENT
OWNER will pay ENGINEER as follows:
3.1 Invoices and Time of Payment
ENGINEER will issue monthly invoices pursuant to
Attachment B. Invoices are due and payable within 30
days of receipt.
3.2 Interest
3.2.1 OWNER will be charged interest at the rate of
1-1/2% per month, or that permitted by law if lesser, on
all past-due amounts starting 30 days after receipt of
invoice. Payments will first be credited to interest and
then to principal.
3.2.2 In the event of a disputed billing, Dnly the
disputed portiDn will be withheld from payment, and
OWNER shall pay the undisputed portion. OWNER will
exercise reasonableness in disputing any bill or pDrtion
thereof. No interest will accrue on any disputed portion
of the billing until mutually resolved.
3.2.3 If OWNER fails to make payment in full within
30 days of the date due for any undisputed billing,
ENGINEER may, after giving 7 days' written notice to
OWNER, suspend services under this AGREEMENT
until paid in full, including interest. In the event of
suspensiDn of services, ENGINEER will have no liability
tD OWNER for delays or damages caused by OWNER
because of such suspension.
ARTICLE 4. OBLIGATIONS OF ENGINEER
4.1 Standard of Care
The standard Df care applicable to ENGINEER's
Services will be the degree of skill and diligence
normally employed by professional engineers or
consultants performing the same or similar Services at
the time said services are performed. ENGINEER will
reperform any services not meeting this standard
without additional cDmpensation.
FORM 396
REVISED 12/99
RECEIVED
MAR 3 0 2001
CITY OF MERIDIAN
4.2 Subsurface Investigations
In soils, foundation, groundwater, and other subsurface
investigations, the actual characteristics may vary
significanlly between successive test points and sample
intervals and at 10catiDns other than where
observations, exploration, and investigations have been
made. Because of the inherent uncertainties in
subsurface evaluations, changed or unanticipated
underground conditions may occur that could affect total
PROJECT cost and/or execution. These conditions and
cDst/execution effects are not the responsibility of
ENGINEER.
4.3 ENGINEER's Personnel at Construction Site
4.3.1 The presence or duties of ENGINEER's
personnel at a construction site, whether as onsite
representatives or Dtherwise, do not make ENGINEER
Dr ENGINEER's personnel in any way responsible for
those duties that belong to OWNER and/or the
construction contractors or Dther entities, and do not
relieve the construction contractors or any other entity of
their obligations, duties, and responsibilities, including,
but not limited to, all constructiDn methods, means,
techniques, sequences, and procedures necessary for
coordinating and completing all portions of the
constructiDn work in accordance with the construction
Contract Documents and any health or safety
precautions required by such construction work.
4.3.2 ENGINEER and ENGINEER's personnel have
no authority to exercise any control over any
constructiDn contractor or other entity or their
employees in connection with their work or any health or
safety precautions and have no duty for inspecting,
noting, observing, correcting, or reporting on health or
safety deficiencies of the cDnstruction contractor(s} Dr
other entity or any Dther persons at the site except
ENGINEER's own personnel.
4.3.3 The presence of ENGINEER's personnel at a
construction site is for the purpose of providing to
OWNER a greater degree of cDnfidence that the
completed construction work will confDrm generally to
the construction documents and that the integrity of the
design concept as reflected in the construction
documents has been implemented and preserved by the
construction contractor(s). ENGINEER neither
guarantees the performance of the constructiDn
contractor(s} nor assumes responsibility for construction
contractor's failure to perform work in accordance with
the cDnstruction documents.
(
For this AGREEMENT only, consffl.Jction sites include
places of manufacture for materlals incorporated into
the construction work, and construction contractors
include manufacturers of materials incorporated into the
construction work.
4.4 Opinions of Cost, Financial Considerations, and
Schedules
In providing opinions of cost, financial analyses,
economic feasibility projections, and schedules for the
PROJECT, ENGINEER has no control over cost or price
of labor and materials; unknown or latent conditions of
existing equipment or structures that may affect
operation or maintenance costs; competitive bidding
procedures and market conditions; time or quality of
performance by operating personnel or third parties; and
other economic and operational factors that may
materially affect the ultimate PROJECT cost or
schedule. Therefore, ENGINEER makes no warranty
that OWNER's actual PROJECT costs, financial
aspects, economic feasibility, or schedules will not vary
from ENGINEER's opinions, analyses, projections, or
estimates.
If OWNER wishes greater assurance as to any element
of PROJECT cost, feasibility, or schedule, OWNER will
employ an independent cost estimator, contractor, or
other appropriate advisor.
4.5 Construction Progress Payments
Recommendations by ENGINEER to OWNER for
periodic construction progress payments to the
construction contractor(s) will be based on ENGINEER's
knowledge, information, and belief from selective
sampling that the work has progressed to the point
indicated. Such recommendations do not represent that
continuous or detailed examinations have been made
by ENGINEER to ascertain that the construction
contractor(s) have completed the work in exact
accordance with the construction documents; that the
final work will be acceptable in all respects; that
ENGINEER has made an examination to ascertain how
or for what purpose the construction contractor(s) have
used the moneys paid; that title to any of the work,
materials, or equipment has passed to OWNER free
and clear of liens, claims, security interests, or
encumbrances; or that there are not other matters at
issue between OWNER and the construction
contractors that affect the amount that should be paid.
4.6 Record Drawings
Record drawings, if required, will be prepared, in part,
on the basis of information compiled and furnished by
others, and may not always represent the exact
location, type of various components, or exact manner
in which the PROJECT was finally constructed.
ENGINEER is not responsible for any errors or
omissions in the information from others that is
incorporated into the record drawings.
4.7 Access to ENGINEER's Accounting Records
ENGINEER will maintain accounting records, in
accordance with generally accepted accounting
principles. These records will be available to OWNER
during ENGINEER's normal business hours for a period
of 1 year after ENGINEER's final invoice for examination
to the extent required to verify the direct costs
(excluding established or standard allowances and
rates) incurred hereunder. OWNER may only audit
FORM 398
REVISED 12199
{
accounting recordsapplicabJe to a cost-reimbursable
type compensation.
4.8 ENGINEER's Insurance
ENGINEER will maintain throughout this AGREEMENT
the following insurance:
(a) Worker's compensation and employer's liability
insurance as required by the state where the work is
performed.
(b) Comprehensive automobile and vehicle liability
insurance covering claims for injuries to members of the
public and/or damages to property of others arising from
use of motor vehicles, including onsite and offsite
operations, and owned, nonowned' or hired vehicles,
with $1,000,000 combined single limits.
(c) Commercial generalliabiJity insurance covering
claims for injuries to members of the public or damage
to property of others arising out of any covered
negligent act or omission of ENGINEER or of any of its
employees, agents, or subcontractors, with $1,000,000
per occurrence and in the aggregate.
(d) Professionalliabifily insurance of $1,000,000
per occurrence and in the aggregate.
(e) OWNER will be named as an additional
Insured with respect to ENGINEER's liabilities
hereunder in insurance coverages identified in items (b)
and (c) and ENGINEER waives subrogation against
OWNER as to said policies.
ARTICLE 5. OBLIGATIONS OF OWNER
5.1 OWNER-Furnished Data
OWNER will provide to ENGINEER all data in
OWNER's possession relating to ENGINEER's services
on the PROJECT. ENGINEER will reasonably rely upon
the accuracy, timeliness, and completeness of the
information provided by OWNER.
5.2 Access to Facilities and Property
OWNER will make its facilities accessible to ENGINEER
as required for ENGINEER's performance of its services
and will proVide labor and safety equipment as required
by ENGINEER for such access. OWNER will perform, at
no cost to ENGINEER, such tests of equipment,
machinery, pipelines, and other components of
OWNER's facilities as may be required in connection
with ENGINEER's services.
5.3 Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services,
OWNER will obtain, arrange, and pay for all
advertisements for bids; permits and licenses required
by local, state, or federal authorities; and land,
easements, rights-of-way, and access necessary for
ENGINEER's services or PROJECT construction.
5.4 Timely Review
OWNER will examine ENGINEER's studies, reports,
sketches, drawings, specifications, proposals, and other
documents; obtain advice of an attorney, insurance
counselor, accountant, auditor, bond and financial
advisors, and other consultants as OWNER deems
appropriate; and render in writing decisions required by
OWNER in a timely manner.
5.5 Prompt Notice
OWNER will give prompt written notice to ENGINEER
whenever OWNER observes or becomes aware of any
(
development that affects the scope or timing of
ENGINEER's Services, or of any defect in the work of
ENGINEER or construction contractors.
5.6 Asbestos or Hazardous Substances
5.6.1 If asbestos or hazardous substances in any
form are encountered or suspected, ENGINEER will
stop its own work in the affected portions of the
PROJECT to permit testing and evaluation.
5.6.2 If asbestos is suspected, ENGINEER will, if
requested, manage the asbestos remediation activities
using a qualified subcontractor at an additional fee and
contract terms to be negotiated.
5.6.3 If hazardous substances other than asbestos are
suspected, ENGINEER will, if requested, conduct
tests to determine the extent of the problem and will
perform the necessary studies and recommend the
necessary remedial measures at an additional fee
and contract terms to be negotiated.
5.6.4 Client recognizes that CH2M HILL assumes no
risk and/or liability for a waste or hazardous waste
site orignated by other than CH2M HILL.
5.7 Contractor Indemnification and Claims
5.7.1 OWNER agrees to include in all construction
contracts the provisions of Article 4.3, ENGINEER's
Personnel at Construction Site, and proviSions providing
contractor indemnification of OWNER and ENGINEER
for contractor's negligence.
5.7.2 OWNER shall require construction
contractor(s) to name OWNER and ENGINEER as
additional insureds on the contractor's general liability
insurance policy.
5.7.3 OWNER agrees to include the following clause
in all contracts with construction contractors, and
equipment or materials suppliers:
Contractors, subcontractors, and equipment and
material suppliers on the PROJECT, or their sureties,
shall maintain no direct action against ENGINEER,
ENGINEER's officers, employees, affiliated
corporations, and subcontractors for any claim arising
out of, in connection with, or resulting from the
engineering services performed. OWNER will be the
only beneficiary of any undertaking by ENGINEER."
5.8 OWNER's Insurance
5.8.1 OWNER will maintain property insurance on all
pre-existing physical facilities associated in any way
with the PROJECT.
5.8.2 OWNER will provide for a waiver of
subrogation as to all OWNER-carried property damage
insurance, during construction and thereafter, in favor of
ENGINEER, ENGINEER's officers, employees,
affiliates, and subcontractors.
5.8.3 OWNER will provide (or have the construction
contractor(s) provide) a Builders Risk All Risk insurance
policy for the full replacement value of all PROJECT
work including the value of all onsite OWNER-furnished
equipment and/or materials associated with
ENGINEER's services. Such policy will include
coverage for loss due to defects in materials and
workmanship and errors in design, and will provide a
waiver of subrogation as to ENGINEER and the
construction contractor(s) (or OWNER), and their
respective officers, employees, agents, affiliates, and
FORM 398
REVISED 12/99
subcontractors. OwNER will provide ENGINEER a copy
of such policy.
5.9 Litigation Assistance
The Scope of Services does not include costs of
ENGINEER for required or requested assistance to
support, prepare, document, bring, defend, or assist in
liIigation undertaken or defended by OWNER. All such
Services required or requested of ENGINEER by
OWNER, except for suits or claims between the parties
to this AGREEMENT, will be reimbursed as mutually
agreed.
5.10Changes
OWNER may make or approve changes within the
general Scope of Services in this AGREEMENT. Jf such
changes affect ENGINEER's cost of or time required for
performance of the services, an equitable adjustment
will be made through an amendment to this
AGREEMENT.
ARTICLE 6. GENERAL LEGAL PROVISIONS
6.1 Authorization to Proceed
Execution of this AGREEMENT by OWNER will be
authorization for ENGINEER to proceed with the work,
unless otherwise provided for in this AGREEMENT.
6.2 Reuse of PROJECT Documents
All reports, drawings, specifications, documents, and
other deliverables of ENGINEER, whether in hard copy
or in electronic form, are instruments of service for this
PROJECT, whether the PROJECT is completed or not.
OWNER agrees to indemnify ENGINEER and
ENGINEER's officers, employees, subcontractors, and
affiliated corporations from all claims, damages, losses,
and costs, including, but not limited to, litigation
expenses and attorney's fees arising out of or related to
the unauthorized reuse, change or alteration of these
PROJECT documents.
6.3 Force Majeure
ENGINEER is not responsible for damages or delay in
performance caused by acts of God, strikes, lockouts,
accidents, or other events beyond the control of
ENGINEER. In any such event, ENGINEER'S contract
price and schedule shall be equitably adjusted.
6.4 Limitation of Liability
6.4.1 To the maximum extent permitted by law,
ENGINEER's liability for OWNER's damages will not, in
the aggregate, exceed $1,000,000.
6.4.2 This article takes precedence over any
conflicting article of this AGREEMENT or any document
incorporated into it or referenced by it.
6.4.3 This limitation of liability will apply whether
ENGINEER's liability arises under breach of contract or
warranty; tort; including negligence; strict liability;
statutory liability; or any other cause of action, and shall
include ENGINEER's officers, affiliated corporations,
employees, and subcontractors.
6.5 Termination
6.5.1 This AGREEMENT may be terminated for
convenience on 30 days' written notice, or for cause if
either party fails substantially to perform through no fault
of the other and does not commence correction of such
nonperformance within 5 days of written notice and
diligently complete the correction thereafter.
(
6.5.2 On termination, ENGINEER will be paid for all
authorized services performed up to the termination
date plus termination expenses, such as, but not limited
to, reassignment of personnel, subcontract termination
costs, and related closeout costs.
6.6 Suspension, Delay, or Interruption of Work
OWNER may suspend, delay, or interrupt the Services
of ENGINEER for the convenience of OWNER. In such
event, ENGINEER's contract price and schedule shall
be equitably adjusted.
6.7 No Third-Party Beneficiaries
This AGREEMENT gives no rights or benefits to anyone
other than OWNER and ENGINEER and has no third-
party beneficiaries.
6.8 Indemnification
6.8.1 ENGINEER agrees to indemnify OWNER for
any claims, damages, losses, and costs, including, but
not limited to, attorney's fees and litigation costs, arising
out of claims by third parties for property damage or
bodily injury, including death, to the proportionate extent
caused by the negligence or willful misconduct of
ENGINEER, ENGINEER's employees, affiliated
corporations, and subcontractors in connection with the
PROJECT.
6.8.2 OWNER agrees to indemnify ENGINEER from
any claims, damages, losses, and costs, including, but
not limited to, attorney's fees and litigation costs, arising
out of claims by third parties for property damage or
bodily injury, including death, to the proportionate extent
caused by the negligence or willful misconduct of
OWNER, or its employees or contractors in connection
with the PROJECT.
6.9 Assignment
This is a bilateral personal Services AGREEMENT.
Neither party shall have the power to or will assign any
of the duties or rights or any claim arising out of or
related to this AGREEMENT, whether arising in tort,
contract or otherwise, without the written consent of the
olher party. Any unauthorized assignment is void and
unenforceable. These conditions and Ihe entire
AGREEMENT are binding on the heirs, successors, and
assigns of the parties hereto. cBP-1/O\
~;~~6;::i~u:t~~t~~~:~:teeJ By la" c~[n
al.e! D lGltJCCn';" affiliak:eJ 6efl36ratiens, effiei'. 5.
C::ff1l3lsyc:es, aREI 3u13esRtfBetem sMail Aet BE liablE fer
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fjr arraAly, teft iAelusiflg f1e@li~ef ee, striel er statuteI')
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DJGlrl[Cn Bgai1st iflelireetliaeilit, er tLila /:lafty
I3reeec:e!iAgS. O'VtJcn ill ifl6affll,iff D JCINCCn fel 8A,
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FORM 39B
REVISED 12199
6.11Waiver
OWNER waives all claims against ENGINEER,
including those for latent defects, that are not brought
within 2 years of substantial completion of the facility
designed or final payment to ENGINEER, whichever is
earlier.
6.12Jurisdiction
The substantive Jaw of the state of the PROJECT site
shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims
related to it.
6.13Severability and Survival
6.13.1 If any of the Provisions contained in this
AGREEMENT are held for any reason to be invalid,
illegal, or unenforceable, the enforceability of the
remaining provisions shall not be impaired thereby.
6.13.2 Limitations of liability, indemnities, and other
express representations shall survive termination of this
AGREEMENT for any cause.
6.14 Materials and Samples
Any items, substances, materials, or samples removed
from the PROJECT site for testing, analysis, or other
evaluation will be returned to the PROJECT site within
60 days of PROJECT close-out unless agreed to
otherwise. OWNER recognizes and agrees that
ENGINEER is acting as a bailee and at no time
assumes title to said items, substances, materials, or
samples.
6.15Engineer's Deliverables
Engineer's deliverables, including record drawings, are
limited to the sealed and signed hard copies. Computer-
generated drawing files furnished by ENGINEER are for
OWNER or others' convenience. Any conclusions or
information derived or obtained from these files will be
at user's sole risk.
6.16 Dispute Resolution
The parties will use their best efforts to resolve amicably
any dispute, including use of alternative dispute
resolution options.
ARTICLE 7. ATTACHMENTS, SCHEDULES, AND
SIGNATURES
This AGREEMENT, including its attachments and
schedules, constitutes the enUre AGREEMENT,
supersedes all prior written or oral understandings, and
may only be changed by a written amendment executed
by both parties. The following attachments and
schedules are hereby made a part of this
AGREEMENT:
Attachment A--Scope of Services
Attachment B--Compensation
IN WITNESS WHEREOF, the parties execute below:
For OWNER,
dated this
day of
Signature
Name (printed)
Title
For ENGINEER, CH2M HILL INC.,
dated this 21
day of March
Signature ~~~
Name (printed) Mark Bowen
Tille Vice President, Area Office Manager
FORM 398
REVISED 12/99
Signature
Name (printed)
Tille
Signature
Name (printed)
Tille
00('
. . .. .
2001
ATTACHMENT A - SCOPE OF SERVICES
This attachment is to the AGREEMENT between CH2M HILL, INC., ("ENGINEER"), and
Citvof Meridian ("OWNER"), for a PROJECT generally described as: Water Master Plan
ARTICLE 1. SCOPE OF SERVICES
ENGINEER agrees to furnish OWNER the following specific services:
See attached SCOPE OF SERVICES
Form 398A
REVISED: 7/97
City of Meridian
Domestic Water .System Master Plan Proj ect
SCOPE OF SERVICES
The individual tasks comprising the scope of work presented are based on the development
of a Water Master Plan similar in format to the City's existing 1995 Water Master Plan. This
work will also include additional tasks for the selection of new water system modeling
software, the conversation of the existing Waterworks model, and training of City staff in
the use of the new software. CH2M HILL(Engineer) agrees to furnish the City of Meridian
(City) the following services in the preparation of the City's Domestic Water System Master
Plan (Plan).
Task 1 - Model Selection, Purchase and Conversion
1. Perform discussions with the City to determine the appropriate model comparison
criteria. A preliminary list of potential comparison criteria are listed below:
· Hydraulic Engine
. Platform
· GIS Import/Export
· ODBC Connectivity
· Subset Ability
· Overall Functionality
· Complexity of Use
· Cost (initial and maintenance)
· Technical Support
· Market Share
· Years in business
2. Assist the City in evaluating the available software. The developed criteria will be the
basis of the discussions and selection process. This half-day "Net" meeting will be held
at the Engineer's Office and will include the Engineer's modeling specialist via phone
and internet connection, the Engineer's local representation and City staff as
appropriate. Models considered for comparison include WaterCAD by Haestad
Methods, H2O Net by MW Soft and Mike Net by the Danish Hydraulic Institute. It is
intended that a model be selected for use at the conclusion of this meeting.
3. The Engineer will purchase the water system modeling software selected for the City
($10,000 is allotted in the budget for software purchase). The Engineer will complete the
registration documentation to ensure that the City meets licensing requirements as the
final user of the software. The Engineer will use the selected software to provide the
City with a working model as part of the project.
4. Convert the existing Waterworks model data for use with the selected software.
Conversion of the model will require transferring of the element data to the new
software as well as linking this information to a graphical representation of the system.
Both the existing model and graphic system map will be reviewed to ensure that all
existing system components are included and up to date. City will aid Engineer in this
review by providing independent review and supplemental information as required.
5. Review accuracy of converted model by comparing to simulated runs on existing
Waterworks model.
Task 2 - System Modeling
1. Collect and analyze existing system data, records, and studies as necessary to determine
and/ or modify existing and future modeling inputs. City to provide information regarding
the system as required. The following is a list of records, data, and studies that may be
required by the Engineer:
. Daily, monthly and annual water system operating records over the past 3 to 5 years.
To include reservoir level charts, pumping and flow records and pressure records.
· Existing population and demographics data.
· Future population and land use projections (comprehensive planning data, sewer
master plans, wastewater facilities plans, etc...).
· Zoning maps and regulations.
. Existing number of customers by class for past 3 to 5 years.
. Monthly and annual water consumption by class for the last 3 to 5 years.
· Fire Flciw field testing results and system supply / demand data from the same day
for the last 10 years.
. Mapping showing existing and future water service boundaries.
2. Use data collected to establish modeling criteria for existing day, 5-year planning period,
and a 20-year planning period. Existing growth trends, planning documents and City
correspondence will be used to project future service area populations (number and
type) and service area growth. Develop associated computer models of the City's water
transmission and distribution system (pipes 6-inches and larger). Analyze the three time
period scenarios under the following demand conditions. All modeling performed will
be steady state. No extended run model simulations are assumed.
. Analyze and reallocate demands between the two zones based on booster pump
data. Existing demand allocations in the individual zones themselves are assumed.
to be relatively accurate and not requiring extensive review or modification.
Reallocation between the zones will be accomplished by use of global zone
adjustments only.
. Field Fire Flow Analysis (existing model will be checked against field collected fire
flow runs). Up to 6 fire flow runs anticipated.
. Calibrate model. Only minor model manipulation is expected. City will assist in
collecting field data as needed to aid calibration of the model such as real time real time flow
and pressures.
. Peak Hour Demand
. Maximum Day Demand
. Average Day Demand
. Maximum day demand plus fire flow demand at up to ten existing areas and up to
15 future areas. City to aid in selection of the key fire flow locations to be modeled and the
required capacity.
TASK ORDER.DOC
0311412:00 1
3. Identify existing, 5-year and 2o--year supply, storage and distribution system
improvements that are necessary to satisfy future growth. These system improvements
will be developed through a series of modeling nms that will involve insertion of
pipeline improvements (pipeline replacements and additional pipelines for system
looping or extension). Changes in PRY settings, additional sources of supply and
additional storage will also be considered in the improvements.
4. Prepare modeling data output for inclusion in the final Plan.
Task 3 - Development of Water Master Plan
1. Generate a Plan based on the following format based on the City's latest Water Master
Plan. One exception is the addition of a source development and water rights write-up. It is
assumed that the City will contract independently with Ed Squires of Hydro Logic to
generate a report as to the long term source development strategies and impacts as they
relate to water rights and water quality. This report will be included in the Appendix to the
Plan and the Engineer will swnmarize specific planning impacts in the Plan.
. Executive Summary
· Introduction
· Existing System
· Water Requirements
· WaterSupply
· Source Development/Water Rights (swnmary)
· Storage
· Distnbution Modeling
· Water Quality and Regulations
· Capital Improvements Plan
· Appendix
Model Results
Source Development and Water Right Report (by Others)
Overall System Map (including node and pipe data)
2. City will submit to Engineer copies of well logs and quality records for system wells. Any
additional system water quality records will also be submitted to the Engineer. Engineer will
review data and existing and proposed future regulations to determine impacts to the
City's system and incOIporate the finding into the Plan.
3. City will submit to the Engineer a summary of current and historical water system operational
problems, deficiencies, and concerns. Engineer will incorporate comments and associated
system improvements that are required into the Plan.
4. Once a list of potential future system improvements have been identified, the Engineer
will meet with the City to discuss. This meeting will be used to inform the City of the
options available and the relative differences between them. The options selected at this
meeting will be incorporated into the Plan's Capital Improvement Program (eIP).
TASK ORDER.DOC
0311412001
5. Summarize the recommended improvements into a erp. The CW will include annual
short-term, 5-year program and long-term 20-year program with priorities and cost
estimates for each improvement.
6. Develop a preliminary draft of the Plan for submittal to the City for its review. Engineer
will meet with the City after their review to discuss comments and finalization of the
report. Four copies of the draft Plan will be prepared.
7. Six copies of the "final" draft Plan will be prepared incorporating the City's comments
for resubmittal to the City for an additional review. The City will submit this final draft
Plan to the regulatory authorities for review and comment. Upon receipt of these
comments, a final meeting will be held to address the comments and any additional city
comments. Engineer will incorporate all comments into the final Water System Plan. 10
copies of the Final Water System Plan will be prepared.
Task 4 - Model Training
L Upon completion of the Plan, the Engineer will train City staff at the City's office in the
use of the model. The City will provide a computer for installation of the software and
the room for the training activities. The training will be broken into three phases as
identified below.
. Phase 1 - Model Functionality. 'This phase is of a B-hour duration. During this
phase of training, the City staff will be trained on how the model works (data is
input, output, results viewed, etc. ..). The training will focus on those functions most
useful to the City in evaluating future water system improvements such as the
addition of a new source of supply, new storage, addition of a new waterline/loop,
or the addition of a new development.
. Phase 2 - Meridian Model. 1his 4-hour phase will expand on Phase 1 by
demonstrating the tools learned on the City's actual system model. City staff will
run various modeling scenarios on the City's existing model similar to what was
performed during the Plan development.
. Phase 3 - Interpreting and Checking Results. This 4-hour phase will focus on the
various ways to view, interpret and check results of modeling runs. Training will
include a discussion of problem areas to look for and detailed analysis of fire flow
results.
TASK ORDER.DOC
0311412001
ATTACHMENT B - COMPENSATION
ARTICLE 2. COMPENSATION
Compensation by OWNER to ENGINEER will be as follows:
A. COST REIMBURSABLE-MUL TJPLJER (TIME AND EXPENSE)
B. BUDGET
A budgetary amount of Seventy Five Thousand Eight Hundred Twenty Three Dollars ($75,823),
excluding taxes, is hereby established for services in ARTICLE 1. ENGINEER will make reasonable efforts to complete the work
within the budget and will keep OWNER informed of progress toward that end so that the budget or work effort can be adjusted if
found necessary.
ENGINEER is not obligated to incur costs beyond the indicated budgets, as maybe adjusted, nor is OWNER obligated to pay
ENGINEER beyond these limits.
When any budget has been increased, ENGINEER's excess costs expended prior to such increase will be allowable to the same
extent as if such costs had been incurred after the approved increase.
See attached Table 1, Budget Summary for Meridian Domestic Water System Master Plan Project.
Form 3986.1
REVISED; 7/97
Table 1
Budget Summary for
Meridian Domestic Water System Master Plan Project
Task Labor ($) Expense ($) Total ($)
1. Model Selection, Purchase and Conversion 11,503 11,587 23,090
2. System Modeling 21,991 1,474 23,465
3. Development of Water Master Plan 18,005 1.752 19,757
4. Model Trai~ing 8,537 975 9,512
iitpJii ~!'.
March 30, 2001
MERIDIAN CITY COUNCIL MEETING April 3, 2001
APPLICANT ITEM NO. ~-,
REQUEST Approve Bills
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH: {~
NAMPA MERIDIAN IRRIGATION: (jIf.rv
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNT AIN GAS:
BUREAU OF RECLAMATION:
OTHER:
Contacted: Date: Phone:
Materials presented at public meetings sholl become property of the City of Meridian.
WHITE PETERSON
WHITE, PETERSON, MORROW, GlGRAY, ROSSMAN, NYE & ROSSMAN, P.A.
ATTORNEYS AT LAW
J ULlE KLEIN FISCHER
WM. F. GIGRAY, III
BRENT JOHNSON
D. SAMUEL JOHNSON
LARRY D. MOORE
WILLIAM A, MORROW
WilLIAM F. NICHOLS*
CHRISTOPHER S, NYE
PHILIP A, PETERSON
ERIC S. ROSSMAN
TODD A. ROSSMAN
DAVID M. SWARTLEY
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 247
NAMPA, IDAHO 83653-024 7
TEL (20B) 466.9212
FAX (208) 466-4405
'ALSO ADMITTED IN OR
.. ALSO ADMITTED IN WA
PLEASE REPLY TO
MERIDIAN OFFICE
April 16, 2001
William G. Berg, Jr.
City Clerk
33 East Idaho Street
Meridian, Idaho 83642
APR
City of Meridian
City Clerk Office
Re: Autumn Faire Subdivision - Phase 2 / Final Plat (FP-O 1-005)
By: Gem Star Properties, LLC
Dear Will:
Regarding the above referenced matter, please find enclosed the original
of the ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT for approval and
signature by the Mayor and yourself. Please serve a copy of the ORDER upon the
Applicant, with a Certificate of Service in the file and a copy to Planning and Zoning
and Public Works, and the attorney's office.
If you have any questions, please give me a call.
Z:\Work\M\Meridian\Meridian 15360MV\utumn Faire Sub AZ and PP\Clerk04 [60 I FP.doc
BEFORE THE MERIDIAN CITY COUNCIL
C/C 04/03/0 I
IN THE MATTER OF THE
APPLICATION OF GEM STAR
PROPERTIES, L.L.C, FOR
APPROVAL OF FINAL PLAT
FOR AUTUMN FAIRE
SUBDIVISION - PHASE 2,
LOCATED AT THE NE 1/4 SEC.
4, T. 3N., R. lW., B.M.,
MERIDIAN, IDAHO
CASE NO. FP~Ol~005
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council for Final Plat approval
pursuant to Meridian City Code ~ 12-3-7 on April 3, 200 I, and the Council finding
that the Administrative Review is complete which has included certain comments and
conditions as stated in a letter to the Mayor and Council from Bruce Frecldeton,
Engineering Technician III, and Shari Stiles, Planning and Zoning Administrator,
listing 7 General Comments and 22 Site Specific Comments, which are herein found
fair and reasonable, and at the April 3, 200 I meeting, Shari Stiles, Planning and
Zoning Administrator, commented at the hearing, and Scott Stanfield appeared on
behalf of the applicant, and no one appeared in opposition, and the Council having
considered the requirements of the preliminary plat the Council takes the following
action:
ORDER OF CONDITIONAL APPROVAL OF FINAL
PLAT FOR AUTUMN FAIRE SUBDIVISION - PHASE 2 (FP-O 1-005)
- I
IT IS HEREBY ORDERED THAT:
1.
The Plat of llAUTUMN FAIRE SUBDIVISION - PHASE 211 as
evidenced in Plat bearing the j'PLAT SHOWING AUTUMN FAIRE SUBDIVISION
NO.2, A PART OF THE NE 1/4, SECTION 4, T. 3 N., R. 1 W., B.M., MERIDIAN,
ADA COUNTY, IDAHO 2001, EARL &ASSOCIATES, INC., CALDWELL,
IDAHO, DE1100FP, SHEET I OF 2, and Gem Star Properties, LLC, Developer", is
Conditionally Approved subject to those conditions of Staff comments as set forth in
the Memorandum to the Mayor and City Council from Bruce Freckleton,
Engineering Technician III, and Shari Stiles, Planning and Zoning Administrator,
dated March 30,2001, listing 7 General Comments and 22 Site Specific Comments,
a true and correct copy is attached hereto marked Exhibit "A", and consisting of four
pages, and by this reference incorporated herein, with the additional requirements as
follows, to-wit:
1.1 Fire Chief, Kenny Bowers, requires that streets, roads and street
name signs shall be constructed and installed before building is
started.
1.2 Police Chief, Bill Gordon. notes the MPD needs a plan for
service, and requires a development plan.
1.3 The Nampa & Meridian Irrigation District reserves comment on
the final plat until all encroachments are final and approved
through a signed License Agreement.
2.
The final plat upon which there is contained the Certification and
ORDER OF CONDITIONAL AFPROV AL OF FINAL
PLAT FOR AUTUMN FAIRE SUBDIVISION - PHASE 2 (FP-01-005)
~ 2
signature of the City Clerk and the City Engineer verifying that the plat meets the
City's requirements shall be signed only at such time as:
1. The Plat dimensions are approved by the City Engineer; and
2. The City Engineer has verified that all off-site improvements are
completed and/or the appropriate letter of credit or cash has been
issued guaranteeing the completion of off-site and required on-
site improvements.
By action of the City Council at its regular meeting held on the
-?/VJ ~
~dayof .
, 2001.
Copy served upon Applicant, the Planning and Zoning Department and the Public
Works Department.
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"IIN f;, ~..::, ~ ,:,\ \ ~\\...
BY~d~9=
ity Clerk
Dated: 4 - 3- () I
ORDER OF CONDITIONAL AFPROV AL OF FINAL
PLAT FOR AUTUMN FAIRE SUBDIVISION - PHASE 2 (FP-OI-005)
- 3
!t
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HUB OF TRE4.SURE VAI.l.,EY
A Good Place 10 Live
r ~AL DEl' ARTMENr
(.08) ::88-2499 . Fu 288.Z'0 1
MAYOR
Robert D. Corrie
CITY OF MERIDIAN
crrr COUNClL MEMBERS
Roa Andnon
KC1h BinI
Tammy deWtad
Oteri" M~.JI....
MEMORANDUM:
33 EAST IDAHO
MERIDIAN, IDAHO 83642
(208) 8fl8-.4433 . FAX (20lf.l8lf7-4lllJ PLANNING AND WNlNG
cgy ClakO!Hco Fax (208) "~Ilt DEPARTMENT
RECEIVED(20lt) 8&4-5533. PAX lt8URS.(
MAR 3 0 2001
PlIBl.1C WORK!:
BUIW!NG DI!.PAR.TMENT
(.Z08) 887.2211 . ra.:dIS7.1197
March 30..2001
To:
City of Meridian
Mayor & City Council City Clerk Office
Broce Freckleton, Assistant to City Enginee~
Shari Stiles, Planning & Zoning Administrator ~
Request fur Final Plat Approval of Autumn Faire Subdivision No.2 - 87 Single-family
Building Lots and 4 Other Lots on 25.27 Acres in an R-4 Zone by Gem Star Properties.
LtC (File# FP-OI-OOS)
From:
Re:
We have reviewed this submittal and offer tbe following comments, 8S conditions of the
applicant. These conditions shan be considered in rul~ unless expressJy modified or deleted by
motion of the Meridian City Council:
LOCATION AND SURROUNDING USES
The property is generally located at the southwest comer of Black Cat Road and Ustick. Road.
North - Several large, unplatted parcels cWTently being used for agriculture~ zoned RT in Ada County.
South - One single-family residence on approximately 2.6 acre~ zoned RT in Ada COlUlty, south of
which is Tumbcny Subdivision.
East - Ashford Greens Subdivision. zoned R-4 in Meridian. is directly across Black Cat.
West - Several large, unplatted parcels currently being used for agriculture, zoned R- T in Ada County.
SITE SPECIFIC COMMENTS
1. Applicant is to meet alltenns of the approved preliminary plat and development agreement.
2. Applicant has indicated t:.l1at tlw p~ssurized irrigation system within this development is to be a
continuation of the system being installed in phase I, which is to be owned and maintained by
the Nampa & Meridian Irrigation District. The conunon areas within the development will be a
su~ject to City of Meridian water assessments since this system has a backup connection to the
City water system. Payment of water a:;..o;essmem fees fur the common areas is required prior to
city signatures on the final plat map.
3. Compaclion lest re~ must be: submitted to the Meridian Building Department for all areas
receiving engineered backfill
4. The design of .drainage areas shall ensure that water is retained only during 25-year slOrm
events [or a period of time not to exceed 24 hours.
1"'-..0 14lOS
AlIlumn F.1.ire Subdivision No.2
MAR 30 · Vl1 1::l : VIOl
\
E~It"h;f 'Jq" / O-P J./
1,ldf"-.;IU-Ul 11 :51A,vlj
Page 7 I 9
Mayor cmd Council
March 30,2001
Page 2
5. Street signs are to be in pla~ water system shall be approved and activated, pressurized
irrigation system approved and activated, drainage lots constructed, fencing installed, Wld mud
base approved by the Ada County Highway District prior to applying fur building permits. All
development improvements shall be instal)ed and approved prior 10 obtaining certificates of
occupancy. A letter of credit or cash surety in the amount of 110% will be required for all
fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the
final plat.
6. Applicant shall be responsible to construct a temporary trash containment fencing around the
outside perimeter of this subdivision, except where the City has expressly agreed, in writing,
that such fencing is not necessary. Permanent fencing is to be installed on the ea<>ement line of
the Sky Pilot Drain and along the souiherly boundary. Fencing is to be in place prior to
applying for building permits.
7 - Please add or revise the following notes:
(] 0.) Complete the recording information for the Development Agreement.
8. Sanitary sewer service 10 this development will be via the temporary lift station in the Ashford
Greens development. The developer shall enter .lnto an operation and maintenance agrc::ement
with the City of Meridian. Applicant will be responsible to construct lateral sewer mains to and
through this proposed development. Subdivision designer to coordinate main sizing and routing
with the Public Works Department Once the Black Cat Sanitary Sewer Trunk fee is established
and approved by the Meridian City Counoi1. such fees would be applied to each building permit
issued in this development. The current em:imated fee is $1,500.00 per lot.
9. Water service to this site will be via extensions of existing mains installed in adjacent
developments, as well as from the new domestic well site within this development. Applicant
will be responsible to construct the water mains to and through this proposed development.
Subdivision designer to coordinate main sizing and routing with the Public Works Department.
10. Applicant's engineer win be required to submit Ii signed~ stamped statement certif)/ing that aU
street finish centerline ~]evations are set a minimum of three feet above the highest established
normal groundwater elevation.
11. Sidewalks are to provide Ii clear :five-foot~wide walkway without encroachment of mailbox
structures.
12. The surveyor shall stamp, sign and date the face of the plat.
13. All lots within lhis development shall be subject to the applicable latecomers tees on the
existing Ashford Greens sanitary sewer lift station and water main extension. Payment of all
applicable latecomers fees for this phase shan be required prior to signature on the final plat.
14. Complete the Certificate of Owners, and its accompanying Acknowledgement.
I'PO{) 1-005
Autumn llairc Subdivision No.2
$Jtk 'h,.~ "Ii" ;JDt'l
Mayor and Council
March 30, 2001
Page 3
15. Revise the "UNRECORDED" notation along the subdivision's north boundary, since Phase I
,",ill be recorded prior to this Pbase.
16. Graphically depict five-foot wide Public Utility, Drainag~, and Utility casements along all
subdivision bowuiary lines that are side yard lines oflots.
17. Makt: the boundary line across the right-of~\VaY of Sweetwood Way heavier to match the line
weight of the rest of the subdivision boundary.
18. The bearing (N42036'3S"E) across the northwestern end ofW. Talarnore Dr. doesn't match the
corresponding bearing in the subdivision boundary description of the Certificate ofOwncrs.
19. Add the missing distance of the north boundary of Lot 25, Block 10.
20. The non-encroachable area oithe Sky Pilot Drain shall be excluded frum the buildable lots and
put within a common lot. Provide a recorded copy of the encroachment agreement for the Sky
Pilot Drain prior to signature on the:final plat.
21. The landscape plan submitted with the final plat application is not approved. Revise plan 1.0
comply with the City of Meridian I,andscape Ordinance.
22. Staffs failure to cite specific ordinance: provisions or terms of the approved preliminary plat
does not relieve Applicant of responsibility for compliance.
GENERAL REOUIREMENTS
1. AU irrigation ditches., laterals or canals, exclusive of natural waterways, intersecting, crossing
or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance
12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district.,. or
lateral users association, with written confirmation of said approval submitted to the Public
Works Department.
2. Any existing domestic wells and/or septic systems within thi!:i project will have to be removed
from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used
for non-domestic purposes such as landscape irrigation.
3. Two-hundred-fifty watt and One-hundred-watt, high-pressure sodium streeLlights will be
required at locations designated by the Public Works Department. All streetlights shall be
installed at subdividerts expense_ Typical locations are at street intersections and/or fire
hydrants. Final designlocatiollS EUld quantity are determined after power designs are completed
by Idaho Power Company. Street light contractor to obtain design and permit from the Public
Works Department priOT commencing installations.
Fr..ol..oos
AulURUI FlIirc !:ulxli ...il\iun N.... 2
Gu,'IJ/{ ?J II 4~'.y
MAP ~Vl ' Vl1 1 -::t: c;11
I
Mayor and Council
March 30, 2001
Page 4
4. Submit "Final" leut:r fram the Ada County Street Name Committee, approving the subdivision
and street names. Make any corrections necessary to conform.
5. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent.
6. Provide five~foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K..
7. Submit three copies of the revised Final Plat Map to the Public Works Department for
compliance r~vi.ew prior to development plan approval.
fN) I ~05
Auluma Faire Subdivi,unn No. 2
GiIt:",y "A" ~ ()/~
MAR :\R '!/l1 1?:~1
2001 AP -5 Pt, I: 22
RECORDED - REQUEST OF
M.I.;tw.lw~lJ V"~
F~E~:f}- 0EPUTY .' .
b-~_ c~,....,
7-rr I 0 1 03 1 4 1 0
MEPJDiAN ernf
CITY OF MERIDIAN
ORDINANCE NO. & (-q IS
AN ORDINANCE FINDING THAT CERTAIN lAND TO BE KNOWN AS WILKINS
RANCH VILLAGE SUBDIVISION LIES CONTIGUOUS OR ADJACENT TO THE CITY
LIMITS OF THE CITY OF MElUDIAN, COUNTY OF ADA, STATE OF IDAHO; AND
FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN
WlUTING TO THE COUNCIL; AND THAT SAID lAND BE ANNEXED TO THE CITY
OF MElUDIAN AND ZONING DESIGNATED MEDIUM DENSITY RESIDENTIAL
DISTlUCT (R-8); AND DECLAlUNG THAT SAID LAND, BY PROPER LEGAL
DESClUPTION AS DESClUBED BELOW, BE A PART OF THE CITY OF MElUDIAN,
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 MElUDIAN, IDAHO; AND DIRECTING THE CLElU( OF THE
CITY OF MElUDIAN TO FILE A CERTIFIED COpy OF THE ORDINANCE AND MAP
OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR,
TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE
OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215.
BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY
OF MElUDIAN, COUNTY OF ADA, STATE OF IDAHO:
SECTION I.
FINDINGS: That the following described land is
contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has
received a written request for annexation to the City of Meridian, Idaho, by the owner of said
Property to-wit:
A parcel of land located in the NE 1/4 of the NW 1/4 of Section 3, Township 3 North,
Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows:
ANNEXATION AND ZONING ORDINANCE (AZ-OO-016) - 1
Commencing at the northeast comer of the NW 1/4 of Section 3, T.3N., R.l W., B.M.,
thence S 0002T3T W 73.00 feet along the east line of said NW 1/4 to the REAL POINT OF
BEGINNING of this subdivision;
Thence N 89010'2811 W 570.83 feet to a point;
Thence S 4S049'27" W 28.28 feet to a point;
Thence S 0004912211 W 138.15 feet to a point;
Thence N 8901U281t W 20.00 feet to a point;
Thence S 4S049"2T' W 28.28 feet to a point;
Thence S 00049122'1 W 35.03 feet to a point;
Thence along a curve to the left 30.16 feet, said curve having a radius of 125.00 feet, a delta
angle of 1304Y22'\ tangents of 15.15 feet, and a long chord bearing S 06005'19" E 30.08 feet
to a point;
Thence S 13000'00" E 58.38 feet to a point;
Thence along a curve to the right 54.28 feet, said curve having a radius of 225.00 feet, a delta
angle of 1304922'\ tangents of 27.27 feet, and a long chord bearing S 06005'19tt E 54.15 feet
to a point;
Thence S 0004912211 W 133.20 feet to a point;
Thence along a curve to the right 19.71 feet, said curve having a radius of325.00 feet, a delta
angle of 03028129", tangents of 9.86 feet, and a long chord bearing S 02033136" W 19.71 feet
to a point;
Thence S 40021105" E 28.11 feet to a point;
Thence S OSOOOIOO" W 50.00 feet to a point;
Thence 5 8S00010011 E 3.45 feet to a point;
ANNEXATION AND ZONING ORDINANCE (AZ-OO-016) - 2
Thence S 21000'0011 W 107.28 feet to a point;
Thence S 8500010011 E 199.27 feet to a point;
Thence S 70000'0011 E 204.46 feet to a point;
Thence S 8400310311 E 95.71 feet to a point;
Thence S 90000'00" E 143.73 feet to a point on the east line of said NW 1/4;
Thence N 00027'31" E 766.50 feet along the east line of said NW 1/4 to the REAL POINT
OF BEGINNING of this subdivision, comprising 10.19 acres, more or less.
SECTION 2:
That the above-described real property be, and the same is
hereby annexed and made a part of the City of Meridian, Ada County, Idaho.
SECTION 3:
That the real property herein by this ordinance annexed to
the City of Meridian hereinabove described shall be zoned Medium Density Residential
District (R-8).
SECTION 4:
That the City Engineer is hereby directed to alter all use
and area maps -as well as the official zoning maps, comprehensive plan and all official maps
depicting the boundaries of the City of Meridian in accordance with this ordinance.
SECTION 5:
The zoning designation set forth in Section 3 of this
ordinance is subject to the terms and conditions of that certain Development Agreement by
and between the City of Meridian and the owner of the land described in Section 1 dated the
I2b 11 - ,200 I
g - day of n~ , z.eoo.; and that the uses are to be developed under the planned
I
unit development process and conditional use permit process.
ANNEXATION AND ZONING ORDINANCE (AZ-OO-016) - 3
SECTION 6:
All ordinances, resolutions, orders or parts thereof in
conflict herewith are hereby repealed, rescinded and annulled.
SECTION 7:
This ordinance shall be in full force and effect from and
after its passage, approval and publication, according to law.
SECTION 8:
The Clerk of the City of Meridian shall, within ten (10)
days following the effective date of this ordinance, duly file a certified copy of this ordinance
and a map prepared in a draftsman manner plainly and clearly designating the boundaries of
the City of Meridian, including the lands herein annexed, with the following officials of the
County of Ada, State of Idaho, to~wit: the Recorder, Auditor, Treasurer and Assessor and
shall also file simultaneously a certified copy of this ordinance and map with the State Tax
Commission of the State of Idaho, all in compliance with Idaho Code 863-2215 and 850-
223.
ANNEXATION AND ZONING ORDINANCE (AZ-OO-016) - 4
3/bD
PAS~iHE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this --=- day
of , 'Z6662ooJ.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 3/2-=:
dayof ~ ,~ZoDf" -
STATE OF IDAHO,)
2T:
~~~ I~
CITY CLERK ?'
: ss.
County of Ada.
On this~dayof ~ ' .i686,lbefore me, the undersigned,
a 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 d~r~~n;l;d"J~j.;+first above written. ... .
~~~~---9~.. ~
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CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN
To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and
The State Tax Commission of the State of Idaho
I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada County,
State of Idaho, do hereby certify that the attached copy of Ordinance No. f2.L:;-c;l?'
passed by the City Council of the City of Meridian, on the 3/~ day of ~
200 ( .~ is a true and correct of the original of said document which is in the care,
custody and of the City of Meridian.
~ -~~fI
ILLIAM 7" BERG, JR.
County of Ada,
f:, On this ?~ day of ArrwL ,in the year 2000, before me,
t1fJU~ ~Mv1Z1t) ,a Notary Public, appeared
WILLIAM . BERG, YR., 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 s~~p:.{~~~~f the City of Meridian.
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SEP 2 2000
ClTY OF MERIDIAN
CITY CLERK OFFICE
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ADA COUNTY RECORDER
J. DAVID NAVARRO
!3nlS~. IOAHO
2001 AP 19 PH I: 25
DEVELOPMENT AGREEMENT
PARTIES: 1.
2.
City of Meridian
Louis J. Steiner/Steiner Development, LLC,
Owner/Developer
THIS DEVELOPMENT AGREEMENT (this "AgrS;~ffient"), is
made and entered into this~ day of Aprr' ,-2-GOO:1Jy and
between CITY OF MERIDIAN, a municipal corporation of the State of Idaho,
hereafter called "CITY", and LOUIS J. STEINER/STEINER DEVELOPMENT,
LLC, hereinafter called "OWNERlDEVELOPER", whose address is 554 E.
Bellevue Road, Suite B, Atwater, California 9530 I.
1.
RECITALS:
1.1 WHEREAS, "Owner/Developer" is the sole owner, in law
and/or equity, of certain tract of land in the County of
Ada, State of Idaho, described in Exhibit A, which is
attached hereto and by this reference incorporated herein
as if set forth in full, herein after referred to as the
"Property"; and
1.2 WHEREAS, LC. S67-6511A, Idaho Code, provides that
cities may, by ordinance, require or permit as a condition
of re~zoning that the owner or "Owner/Developer" make a
written commitment concerning the use or development of
the subject "Property"; and
1.3 WHEREAS, "City" has exercised its statutory authority by
the enactment of Ordinance Il~I5-12 and 11-16-4 A,
which authorizes development agreements upon the
annexation and/or re-zoning of land; and
1.4 WHEREAS, "Owner/Developer" has submitted an
application for annexation and zoning of the "Property"s
described in Exhibit A, and has requested a designation of
Medium Density Residential District (R-8), (Meridian
City Code ss 11-7-2 D; and
DEVELOPMENT AGREEMENT (AZ~OO~016) ~ 1
1.5 WHEREAS, "Owner/Developer" made representations at
the public hearings both before the Meridian Planning &
Zoning Commission and before the Meridian City Council,
as to how the subject "Property" will be developed and
what improvements will be made; and
1.6 WHEREAS, record of the proceedings for the requested
annexation and zoning designation of the subject
"Property" held before the Planning & Zoning
Commission, and subsequently before the City Council,
include responses of government subdivisions providing
services within the City of Meridian planning jurisdiction,
and received further testimony and comment; and
1.7 WHEREAS, City Council, the/~ay of~, 2000,
has approved certain Findings of Fact and Conclusions of
Law and Decision and Order, set forth in Exhibit B, which
are attached hereto and by this reference incorporated
herein as if set forth in full, hereinafter referred to as (the
"Findings"); and
1.8 WHEREAS, both the "Findings" require the
"Owner/Developer" to enter into a development agreement
before the City Council takes final action on annexation
and zoning designation; and
1.9 "DEVELOPER" deems it to be in its best interest to be
able to enter into this Agreement and acknowledges that
this Agreement was entered into voluntarily and at its
urging and requests; and
1.10 WHEREAS, "City" requires the "Owner/Developer" to
enter into a development agreement for the purpose of
ensuring that the "Property" is developed and the
subsequent use of the "Property" is in accordance with the
terms and conditions of this development agreement,
herein being established as a result of evidence received by
the "City" in the proceedings for annexation and zoning
DEVELOPMENT AGREEMENT (AZ-OO-016) - 2
designation from government subdivisions providing
services vvithin the planning jurisdiction and from affected
property owners and to ensure annexation and zoning
designation is in accordance vvith the Comprehensive Plan
of the City of Meridian adopted December 21, 1993,
Ordinance #629, January 4, 1994, and the Zoning and
Development Ordinances codified in Meridian City Code
Title 11 and Title 12.
NOW, THEREFORE, in consideration of the covenants and
conditions set forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals
are contractual and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the
follovving words, terms, and phrases herein contained in this section shall be
defined and interpreted as herein provided for, unless the clear context of the
presentation of the same requires otherwise:
3.1 "CITY": means and refers to the City of Meridian, a party
to this Agreement, which is a municipal Corporation and
government subdivision of the state of Idaho, organized
and existing by virtue of law of the State of Idaho, whose
address is 33 East Idaho Avenue, Meridian, Idaho 83642.
3.2 "DEVELOPER"/"OWNER": means and refers to Louis J.
Steiner/Steiner Development, LLC, whose address is 554
E. Bellevue Road, Suite B, Atwater, California 95301, the
party developing said "Property" and shall include any
subsequent owner(s)/developer(s) of the "Property".
3.3 "PROPERTY": means and refers to that certain parcel(s)
of "Property" located in the County of Ada, City of
Meridian as described in Exhibit "A" 1 attached hereto and
by this reference incorporated herein as if set forth at
length.
DEVELOPMENT AGREEMENT (AZ~OO-016) - 3
4.
USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only
those uses allowed under "City'''s Zoning Ordinance
codified at Meridian City Code Sections 11-7-2 D which
are herein specified as follows:
(R-8) Medium Density Residential District: The
purpose of the R-8 District is to permit the establishment
of single- and two~family dwelling units per acre. This
District delineates those areas where such development has
or is likely to occur in accord with the Comprehensive Plan
of the City and is also designed to permit the conversion of
large homes into two~family dwellings in well-established
neighborhoods of comparable land use. Connection to the
Municipal water and sewer systems of the City is required.
With the further restriction that all uses and development
of the subject real property shall be governed under the
conditional use permit process as a planned unit
development.
For the construction and development of a planned unit
development.
4.2 No change in the uses specified in this Agreement shall be
allowed without modification of this Agreement.
5. DEVELOPMENT IN CONDITIONAL USE:
"Developer"f"Owner" have submitted to "City" an application for conditional
use permit, and shall be required to obtain the "City'''s approval thereof, in
accordance to the City's Zoning & Development Ordinance criteria, therein,
provided, prior to, and as a condition of, the commencement of construction of
any buildings or improvements on the "Property" that require a conditional
use permit.
DEVELOPMENT AGREEMENT (AZ-OO-016) .4
6. CONDITIONS GOVERNING DEVELOPMENT OF
SUBJECT PROPERTY:
6.A "Developer"/"Owner" shall enter into a Development
Agreement, that provides in the event the conditions
therein are not met by the Developer that the property
shall be subject to de-annexation, with the City of
Meridian which provides for the following conditions of
development to-wit:
6.1 All irrigation ditches, laterals or canals, exclusive of natural
waterways, intersecting, crossing or lying adjacent and
contiguous to the area being subdivided shall be tiled per
City Ordinance 12-4-13. The ditches to be piped shall be
shown on the site plans. Plans shall 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.
6.2 Any existing domestic wells and/or septic systems within
this project shall be removed from their domestic service
per City Ordinance Sections 9-1-4 and 9-4-8. Wells may
be used for non-domestic purposes such as landscape
irrigation.
6.3 Five-foot-wide sidewalks and pedestrian walkways shall be
provided in accordance with City Ordinance Section
12-5-2.K.
6.4 Any conditions attached to a Final Development Plan for
Planned Development projects run with the land and shall
not lapse or be waived as the result of any subsequent
change in tenancy or ownership.
6.5 The application indicates the current use of the property is
agricultural and residential and that one existing home and
DEVELOPMENT AGREEMENT (AZ-OO~016) - 5
an accessory building occupy the parcel. In fact, the
property also contains an illegal mobile structure that is
being used for office space by the developer. The mobile
building is not an approved use in the proposed R-4 zone,
and a condition shall be placed on the applicant that the
mobile building be removed prior to passage of an
annexation ordinance.
6.6 The City has been experiencing problems "With pedestrian
walkways throughout the City. As a condition of
annexation, the developer shall be required to construct
the walkway and three-foot-high fencing on each side of
the common lot. The developer shall also be required to
place a deed restriction on Lots 8 and 10, Block 2, to
prohibit the construction of any fencing higher than three
feet on the sides adjacent to the pedestrian walkway lot.
6.7 Dedicate 48-feet of right-of-way from the centerline of
Ustick Road abutting the parcel by meqns 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. Allow up to 30 business
days to process the right-of-way dedication after receipt of
all requested material. The owner shall be compensated
for all right-of-way dedicated as an addition to existing
right-of-way from available impact fee revenues in this
benefit zone, if the owner submits a letter of application to
the impact fee administrator prior to breaking ground, in
accordance with Section 15 of ACHD Ordinance # 193.
6.8 Construct a 5-foot "Wide concrete sidewalk on Ustick Road
abutting the entire parcel, located 2-feet "Within the new
right-of-way line. Coordinate the location and elevation of
the sidewalk "With District staff.
6.9 Construct a center turn lane on Ustick Road for the
Wilkins WaylUstick Road Intersection. The turn lane
shall be constructed to provide a minimum of IOO-feet of
DEVELOPMENT AGREEMENT (AZ-OO-016) - 6
storage with shadow tapers for both the approach and
departure directions. Coordinate the design of the turn
lane with District staff.
6.10 Construct all public roads within the subdivision as 36-
foot street sections with curb, gutter, and 5-foot wide
concrete sidewalks within 50-feet of right-of-way.
6.11 The proposed knuckles located at the north and south end
of Sagefire Avenue are approved 'With the application. No
traffic islands are required in the knuckles.
6.12 Any proposed landscape islands/medians 'Within the public
right-of-way dedicated by this plat shall be owned and
maintained by a homeowners association. Notes of this
shall be required on the final plat.
6.13 Direct lot or parcel access to Ustick Road or Wilkins Way
is prohibited. Lot access restrictions, as required 'With the
application, shall be stated on the final plat.
6.14 A request for modification, variance or waiver of any
requirement or policy outlined herein shall be made in
writing to the ACHD Planning and Development
Supervisor. The request shall specifically identify each
requirement to be reconsidered and include a written
explanation of why such a requirement shall result in a
substantial hardship or inequity. The written request shall
be submitted to the District no later than 9:00 a.m. on the
day scheduled for ACHD Commission action.
6.15 After ACHD Commission action, any request for
reconsideration of the Commission's action shall be made
in writing to the Planning and Development Supervisor
'Within six days of the action and shall include a minimum
fee of $110.00. The request for reconsideration shall
specifically identify each requirement to be reconsidered
and include written documentation of data that was not
DEVELOPMENT AGREEMENT (AZ-OO-016) -7
available to the Commission at the time of its original
decision.
6.16 Payment of applicable road impact fees are required prior
to building construction in accordance with Ordinanc
# 193, also known as Ada County Highway District Road
Impact Fee Ordinance.
6.17 All design and construction shall be in accordance with the
Ada County Highway District Policy Manual, ISPWC
Standards and approved supplements, Construction
Services procedures and all applicable ACHD Ordinances
unless specifically waived herein. An engineer registered in
the State of Idaho shall prepare and certify all
improvement plan.
6.18 Applicant shall submit revised plans for staff approval,
prior to issuance of building permit (or other required
permits), which incorporates any required design changes.
6.19 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.
6.20 The responsibility of the applicant shall be to verify all
existing utilities vvithin the right-oE-way. Existing utilities
damaged by the applicant shall be repaired by the
applicant at no cost to ACHD.
6.21 Applicant shall be required to call DIGLINE at least two
full business days prior to breaking ground within ACHD
right-of-way. The applicant shall contact ACHD Traffic
Operations in the event any ACHD conduits (spare or
filled) are compromised during any phase of construction.
6.22 No change in the terms and conditions of this approval
shall be valid unless they are in writing and signed by the
DEVELOPMENT AGREEMENT (AZ-OO-016) - 8
applicant or the applicant's authorized representative and
an authorized representative of ACHD. The burden shall
be upon the applicant to obtain \Witten confirmation of
any change from the ACHD.
6.23 Any change by the applicant in the planned use of the
property which is the subject of this application, shall
require the applicant to comply with all rules, regulations,
ordinances, plans, or other regulatory and legal restrictions
in force at the time the applicant or its successors in
interest advises the Highway District of its intent to
change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is
granted pursuant to the law in effect at the time the
change in use is sought.
7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This
Agreement and the commitments contained herein shall be terminated, and
the zoning designation reversed, upon a default of the "Developer"/"Owner" or
"Deve1oper"'s/"Owner's" heirs, successors, assigns, to comply with Section 6
entitled "Conditions Governing Development of subject "Property" of this
agreement within two years of the date this Agreement is effective, and after
the "City" has complied with the notice and hearing procedures as outlined in
r.c. s 67-6509, or any subsequent amendments or recodifications thereof.
8. CONSENT TO DE-ANNEXATION AND REVERSAL
OF ZONING DESIGNATION
"Developer"/"Owner" consents upon default to the de-annexation and/or a
reversal of the zoning designation of the "Property" subject to and conditioned
upon the following conditions precedent to-wit:
8.1 That the "City" provide written notice of any failure to
comply with this Agreement to "Developer"/"Owner" and
if the "Developer"/"Owner" fails to cure such failure
within six (6) months of such notice.
DEVELOPMENT AGREEMENT (AZ-OO-016) ~ 9
9. INSPECTION: "Developer"/"Owner" shall, immediately upon
completion of any portion or the entirety of said development of the
"Property" as required by this agreement or by City ordinance or policy, notify
the City Engineer and request the City Engineer's inspections and written
approval of such completed improvements or portion thereof in accordance
with the terms and conditions of this Development Agreement and all other
ordinances of the "City" that apply to said Development.
10. DEFAULT:
10.1 In the event "Developer"/"Owner",
"Developer'''s/''Owner's'' heirs, successors, assigns, or
subsequent owners of the "Property" or any other person
acquiring an interest in the "Property", fail to faithfully
comply with all of the terms and conditions induded in
this Agreement in connection with the "Property", this
Agreement may be modified or terminated by the "City"
upon compliance with the requirements of the Zoning
Ordinance.
10.2 A waiver by "City" of any default by "Developer"/"Owner"
of anyone or more of the covenants or conditions hereof
shall apply solely to the breach and breaches waived and
shall not bar.any other rights or remedies of '''City'' or
apply to any subsequent breach of any such or other
covenants and conditions.
II. REQUIREMENT FOR RECORDATION: "City" shall record
either a memorandum of this Agreement or this Agreement, induding all of the
Exhibits, at "Developer"'s/"Owner's" cost, and submit proof of such recording
to "Developer"/"Owner", prior to the third reading of the Meridian Zoning
Ordinance in connection with the annexation and zoning of the "Property" by
the City Council. If for any reason after such recordation, the City Council
fails to adopt the ordinance in connection with the annexation and zoning of
the "Property" contemplated hereby, the "City" shall execute and record an
appropriate instrument of release of this Agreement.
DEVELOPMENT AGREEMENT (AZ.00.016) - 10
12. ZONING: "City" shall, following recordation of the duly
approved Agreement, enact a valid and binding ordinance zoning the
"Property" as specified herein.
13. REMEDIES: This Agreement shall be enforceable in any court
of competent jurisdiction by either "City" or "Developer"/" Owner " , or by any
successor or successors in title or by the assigns of the parties hereto.
Enforcement may be sought by an appropriate action at law or in equity to
secure the specific performance of the covenants, agreements, conditions, and
obligations contained herein.
13.1 In the event of a material breach of this Agreement, the
parties agree that "City" and "Developer"/"Owner" shall .
have thirty (30) days after delivery of notice of said breach
to correct the same prior to the non-breaching party's
seeking of any remedy provided for herein; provided,
however, that in the case of any such default which cannot
with diligence be cured within such thirty (30) day period,
if the defaulting party shall commence to cure the same
within such thirty (30) day period and thereafter shall
prosecute the curing of same with diligence and continuity,
then the time allowed to cure such failure may be extended
for such period as may be necessary to complete the curing
of the same with diligence and continuity.
13.2 In the event the performance of any covenant to be
performed hereunder by either "Developer"/"Owner" or
"City" is delayed for causes which are beyond the
reasonable control of the party responsible for such
performance, which shall include, without limitation, acts
of civil disobedience, strikes or similar causes, the time for
such performance shall be extended by the amount of time
of such delay.
14. SURETY OF PERFORMANCE: The "City" may also require
surety bonds, irrevocable letters of credit, cash deposits, certified check or
negotiable bonds, as allowed under Meridian City Code 912-5-3, to insure that
DEVELOPMENT AGREEMENT (AZ-OO-OI6) - 11
installation of the improvements, which the "Developer" agrees to provide, if
required by the "City".
15. CERTIFICATE OF OCCUPANCY: The "Developer"/"Owner"
agrees that no Certificates of Occupancy will be issued until all improvements
are completed, unless the "City" and "Developer"/"Owner" have entered into
an addendum agreement stating when the improvements will be completed in
a phased developed; and in any event, no Certificates of Occupancy shall be
issued in any phase in which the improvements have not been installed,
completed, and accepted by the "City".
16. ABIDE BY ALL CITY ORDINANCES: That
"Developer"/"Owner" agrees to abide by all ordinances of the City of Meridian
and the "Property" shall be subject to de-annexation if the owner or his
assigns, heirs, or successors shall not meet the conditions contained in the
Findings of Fact and Conclusions of Law, this Development Agreement, and
the Ordinances of the City of Meridian.
17. NOTICES: Any notice desired by the parties and/or required by
this Agreement shall be deemed delivered if and when personally delivered or
three (3) days after deposit in the United States Mail, registered or certified
mail, postage prepaid, return receipt requested, addressed as follows:
CITY:
OWNER/DEVELOPER:
do City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian,ID 83642
Louis J. Steiner/Steiner Development, LLC
554 E. Bellevue Road, Suite B
Atwater, California 95301
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian,ID 83642
DEVELOPMENT AGREEMENT (AZ-OO-016) - 12
17.1 A party shall have the right to change its address by
delivering to the other party a written notification thereof
in accordance with the requirements of this section.
18. ATTORNEY FEES: Should any litigation be commenced
between the parties hereto concerning this Agreement, the prevailing party
shall be entitled, in addition to any other relief as may be granted, to court
costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between
the parties ~nd shall survive any default, termination or forfeiture of this
Agreement.
19. TIME IS OF THE ESSENCE: The parties hereto acknowledge
and agree that time is strictly of the essence with respect to each and every
term, condition and provision hereof, and that the failure to timely perform
any of the obligations hereunder shall constitute a breach of and a default
under this Agreement by the other party so failing to perform.
20. BINDING UPON SUCCESSORS: This Agreement shall be
binding upon and inure to the benefit of the parties' respective heirs,
successors, assigns and personal representatives, including "City'''s corporate
authorities and their successors in office. This Agreement shall be binding on
the owner of the "Property", each subsequent owner and any other person
acquiring an interest in the "Property". Nothing herein shall in any way
prevent sale or alienation of the "Property", or portions thereof, except that
any sale or alienation shall be subject to the provisions hereof and any
successor owner or owners shall be both benefitted and bound by the
conditions and restrictions herein expressed. "City" agrees, upon written
request of "Developer", to execute appropriate and recordable evidence of
termination of this Agreement if "City", in its sole and reasonable discretion,
had determined that "Developer" has fully performed its obligations under this
Agreement.
21. INVALID PROVISION: If any provision of this Agreement is
held not valid by a court of competent jurisdiction, such provision shall be
deemed to be excised from this Agreement and the invalidity thereof shall not
affect any of the other provisions contained herein.
DEVELOPMENT AGREEMENT (AZ-OO-016) -13
22. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between
"OwnerIDeveloper" and "City" relative to the subject matter hereof, and there
are no promises, agreements, conditions or understanding, either oral or
written, express or implied, between "OwnerlDeveloper" and "City", other
than as are stated herein. Except as herein otherwise provided, no subsequent
alteration, amendment, change or addition to this Agreement shall be binding
upon the parties hereto unless reduced to writing and signed by them or their
successors in interest or their assigns, and pursuant, with respect to "City", to
a duly adopted ordinance or resolution of "City".
22.1 No condition governing the uses and/or conditions
governing development of the subject "Property" herein
provided for can be modified or amended without the
approval of the City Council after the ""City" has
conducted public hearing(s) in accordance with the notice
provisions provided for a zoning designation and/or
amendment in force at the time of the proposed
amendment.
23. EFFECTIVE DATE OF AGREEMENT: This Agreement
shall be effective on the date the Meridian City Council shall adopt the
amendment to the Meridian Zoning Ordinance in connection with the
annexation and zoning of the "Property" and execution of the Mayor and City
Clerk.
DEVELOPMENT AGREEMENT (AZ-OO-OI6) - 14
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
LOUIS J. STEINER!
STEINER DEVELOPMENT, LLC
B~~-(~
anaging Member
Attest:
Managing Member
BY RESOLUTION NO,_
CITY OF MERIDIAN
BY:
Robert D. Corrie
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2 ~~ '9- /-<'~..J... c.ospo.!i'..,~:";4.i}\
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City Clerk ~ . } {. S=~lL ~
BY RESOLUTION NO. ~ \ ~ct.l ..~V l
\~ ~i;]r 131. . ~~ff
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DEVELOPMENT AGREEMENT (AZ-OO-016) - 15
STATE OF California
COUNTY OF Merced
On November 6 2000
before me, Tami Fournier
personally appeared Louis J. Steiner
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s} on the
instrument the person{s), or the entity upon behalf of which the person{s) acted, executed the
instrument.
WITNESS my hand and official seal.
\ 1i1J ~I . Att1 '^ (j ;
(SignatUre of Notary Puhlic)
.,..
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,
T~:;~v2~m;R ~
OTARY PUBLIC.CAlIFORNIA (j)
MERCED COUNTY ()
COMM. EXP. MARCH 21, 2003 r
(This area for notarial seal)
\; '\~'1,'J;~' ~t, ,!. \.....\~'~, ~:r\ \}I't ~"'~) f,;'{,":;
STATE OF ID
:ss
COUNTY OF ADA
, in the year 2000,
before me, Notary Public, personally appeared
nd
known or identified to me e the Managin embers of Steiner Development,
LLC, who executed e instrument on be f of said Limited Liability
Corporation an C owledged to me having execu d the same.
(SEAL)
Notary Public for Idaho
Commission expires:_
STATE OF IDAHO
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On this~ day of
frytiL
2.oD (
, in the year WOO,
before me, a Notary Public, personally appeared Robert D. Corrie and Willia1;Il
G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of the
City of Meridian, who executed the instrument or the person that executed the
instrument of behalf of said City, and acknowledged to me that such City
executed the same.
(SEAL)
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DEVELOPMENT AGREEMENT (AZ-OO-016) -16
EXHIBIT A
Legal Description Of Property
A parcel of land located in the NE 1/4 of the NW 1/4 of Section 3,
Township 3 North, Range I West, Boise Meridian, Ada County, Idaho,
more particularly described as follows:
Commencing at the northeast comer of the NW 1/4 of Section 3, T.3N.,
R.IW., B.M., thence S 0002T3711 W 73.00 feet along the east line of said
NW 1/4 to the REAL POINT OF BEGINNING of this subdivision;
Thence N 89010128" W 570.83 feet to a point;
Thence S 45049'2711 W 28.28 feet to a point;
Thence S 0004912211 W 138.15 feet to a point;
~; ,.~~.J.t~~,~\~,~):\~~~~;\~:~ ~::,'~ .:,:~.:~~..,~~~\~~~~,~~~~:~~~,
Thence S 450491127" W 28.28 feet to a point;
Thence S 00049'2211 W 35.03 feet to a point;
Thence along a curve to the left 30.16 feet, said curve having a radius of
125.00 feet, a delta angle of 13049'2211, tangents of 15.15 feet, and a long
chord bearing S 06005119" E 30.08 feet to a point;
Thence S 13000'00" E 58.38 feet to a point;
Thence along a curve to the right 54.28 feet, said curve having a radius
of 225.00 feet, a delta angle of 13049122", tangents of 27.27 feet, and a
long chord bearing S 0600511911 E 54.15 feet to a point;
Thence S 00049'2211 W 133.20 feet to a point;
DEVELOPMENT AGREEMENT (AZ~OO~016) - 17
Thence along a curve to the right 19.71 feet, said curve having a radius
of 325.00 feet, a delta angle of 03028'29", tangents of 9.86 feet, and a
long chord bearing S 02033'36" W 19.71 feet to a point;
Thence S 40021'05n E 28.11 feet to a point;
Thence S 05000'oon W 50.00 feet to a point;
Thence S 85000'00" E 3.45 feet to a point;
Thence S 21000'00" W 107.28 feet to a point;
Thence S 85000'0011 E 199.27 feet to a point;
Thence S 70000'00" E 204.46 feet to a point;
Thence S 84003'0311 E 95.71 feet to a point;
[\\V"~~~~\t{'~'K\~.~~,;,.1;~~~~,~,.~.,~g~~g,9g:~i:!4:0;10\~(~~J~~~~~. aRo~~~ ,~~.'~~ e~~~ line of said NW
Thence N 00027'37u E 766.50 feet along the east line of said NW 1/4 to
the REAL POINT OF BEGINNING of this subdivision, comprising 10.19
acres, more or less.
DEVELOPMENT AGREEMENT (AZ-OO-OI6) - 18
EXHIBIT B
Findings of .f:act and Conclusions of Law/Conditions of Approval
Z:\Work\M\Meridian 15360M\Wilkins RAnch AZ016 CUP040 PP\DeveloDA!!r
DEVELOPMENT AGREEMENT (AZ-00-OI6) - 19
BEFORE THE MERIDIAN CITY COUNCIL
IN THE !v1AITER OF THE
APPLICATION OF STEINER
DEVELOPMENT, LLC, THE
APPLICATION FOR
ANNEXATION AND ZONING
OF 10.19 ACRES FOR WILKINS
RANCH VILLAGE
SUBDIVISION, LOCATED
SOUTH OF USTICK ROAD
AND EAST OF BLACK CAT
ROAD, MERIDIAN, IDAHO
ClC 09~05~OO
Case No. AZ-OO-016
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION
FOR ANNEXATION AND
ZONING
.-o:.'),"'.'"\:'~~.::; f(~~;""', ~.:~"1.r'~:~l\-:"~'" {~':!"q';;: .l~~t(t "n.:<>.,;.'~.,:i."u ';" \.". ,.
The above entitled annexation and zoning application having come on for
public hearing on August 15,2000 and continued until September 5,2000, at the
hour of 7:30 p.m., at the August IS, 2000 meeting Shari Stiles, Planning and Zoning
Administrator, appeared and testified, and appearing on behalf of the Applicant was
Steve Arnold of Briggs Engineering, Inc., and no one appeared in opposition, and at
the September 5,2000 meeting Shari Stiles, Planning and Zoning Administrator,
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page I
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY STEINER DEVELOPMENT, LLe. /
VVILIGNS RANCH VILLAGE PUD (AZ-OO-016)
appeared and testified, and appearing and testifying on behalf of the applicant was
Steve Arnold of Briggs Engineering, Inc., and no one appeared and testified 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
zoning was published for two (2) consecutive weeks prior to said public hearing
scheduled for August 15,2000, before the City Council, the first publication
appearing and Written notice having been mailed to property owners or purchasers of
record within three hundred feet (300') of the external boundaries of the property
under consideration more than fifteen (15) days prior to said hearing and with the
,~r~'i1t, nb~~,QkMiPrrc\he~hg hi~rtg :f?~~ll1'p.di~~~o.,~pOI(thepibp~rty.i~Ci~'r 'i9h~fd.eratj()n
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 August 15,
2000, 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY STEINER DEVELOPMENT, LLC. /
WILKINS RANCH VILLAGE PUD (AZ-00-016)
evidence.
2. There has been compliance with all notice and hearing requirements set
forth in Idaho Code ~3 67-6509 and 67-6511, and Meridian City Code ~~ II ~ 15~5
and 11-16-1.
3. The City Council takes judicial notice of its zoning, subdivision and
development ordinances codified at Titles 11 and 12, Meridian City Code, 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 which is the subject to the application for annexation and
zoning is described in the application, and by this reference is incorporated herein as
if set forth in full.
'tl<-~\~~U;Y~\~~:';:,(\\',," J~~j-"'1.:(p.lfdrpft>pe:hYi~\'~ppfbximaite1ylO.i:9"ibt'd~ {rf"sIze "and is 'lbcated iSbutli6f~. I
Ustick Road and east of Black Cat Road. The property is designated as Wilkins
Ranch.
6. The ovvner of record of the subject property is Louis J. Steiner, of
Atwater, California.
7. Applicant is Steiner Development, LLC, of Atwater, California 95301.
8. The property is presently zoned by Ada County as R~T, and consists of
FINDINGS OF FACT AND CONCLUSIONS OF LAW * Page 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING!
BY STEINER DEVELOPMENT, LLC.!
WILKINS RANCH VILLAGE PUD (AZ-00-016)
a single-family ~esidence and agricultural uses.
9. The Applicant had requested the property be zoned R-4, but has
changed that request to R-8.
10. The subject property is bordered to the north by Ada County land
zoned R-T, and a school site and city limits of the City of Meridian are adjacent and
abut to the east of the subject property.
11. The property which is the subject of this application is within the Area
of Impact of th~ City of Meridian.
12. The entire parcel of the property is included within the Meridian Urban
Service Planning Area as defined in the Meridian Comprehensive Plan.
13. The Applicant proposes to develop the subject property in the following
manner: 48-Lot Planned Single-Family Development.
,..,)~4. ... The Applicantrequ,e,~ts.z~ming of the subject: real property,a~ R-8 which
~{:\..:'-.~(,;,.,?~,1i~};\!f..:.,~"i,~""'~'/'l1""I'< ',' ~-:\;,l.,~') I, {."Y~.l.;::,~J.'I-,jNl,-'< '.' "'~ .,.\ \" i:f';,":"
is consistent with the Meridian Comprehensive Plan Generalized Land Use Map
which designatt;s the subject property as Single Family Residential.
15. There are no significant or scenic features of major importance that
affect the consideration of this application.
16. Giving due consideration to the comment received from the
governmental subdivisions providing services in the City of Meridian planning
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
AND DECISION AND ORDER GRANTING APPLICATION
FORANNEXi\TION AND ZONING/
BY STEINER DEVELOPMENT, LLC. /
WILKINS ~CH VILLAGE PUD (AZ-OO-O 16)
jurisdiction, pU,bIic 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 Recommendation of Planning and Zoning Staff as follows:
16.1 All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the area being
subdivided shall be tiled per City Ordinance 12~4~13. The ditches to be
piped shall be shown on the site plans. Plans shall be approved by the
appropriate irrigation/drainage district, or lateral users association, with
written confirmation of said approval submitted to the Public Works
D~partment. No variances have been requested for tiling of any ditches
crossing this project.
16.2 Any existing domestic wells and/or septic systems within this project
shall be removed from their domestic service per City Ordinance
Sections 9-1~4 and 9-4-8. Wells may be used for non-domestic purposes
such as landscape irrigation.
16.3 Five-foot-vvide sidewalks and pedestrian walkways shall be provided in
"~~\,,\:l~_ >, ~c~or~,~n,\en"Vith .G~tY. Q~d~~ance Secti?n 12-~-2}C.
16.4 Any conditions attached to a Final Development Plan for Planned
Development projects run with the land and shall not lapse or be waived
as the result of any subsequent change in tenancy or ownership.
16.5 The application indicates the current use of the property is agricultural
and residential and that one existing home and an accessory building
occupy the parcel. In fact, the property also contains an illegal mobile
structure that is being used for office space by the developer. The
mobile building is not an approved use in the proposed R-4 zone, and a
condition shall be placed on the applicant that the mobile building be
removed prior to passage of an annexation ordinance.
16.6 The City has been experiencing problems with pedestrian walkways
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING!
BY STEINER DEVELOPMENT, LLC.!
WILKINS RANCH VILLAGE PUD (AZ~OO~016)
throughout the City. As a condition of anne..'Xation, the developer shall
be required to construct the walkway and three~foot-high fencing on
each side of the common lot. The developer shall also be required to
place a deed restriction on Lots 8 and 10, Block 2, to prohibit the
construction of any fencing higher than three feet on the sides adjacent
to the pedestrian walkway lot.
16.7 A Development Agreement shall be required as a condition of
annexation.
Adopt the Recommendation of the Ada County Highway District as follows:
16.8 Dedicate 48-feet of right-of-way from the centerline of Ustick 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. Allow up to 30 business
days to process the right-of-way dedication after receipt of all requested
material. The owner shall be compensated for all right-of-way dedicated
as an addition to existing right-of-way from available impact fee
revenues in this benefit zone, if the owner submits a letter of application
to the impact fee administrator prior to breaking ground, in accordance
with Section IS of ACHD Ordinance #193.
16.9 Construct a 5-foot-wide concrete sidewalk on Ustick Road abutting the
entire parcel, located 2 feet within the new right-of-way line.
Coordinate the location and elevation of the sidewalk with District staff.
16.10 Construct a center turn lane on Ustick Road for the Wilkins
WaylUstick Road Intersection. The turn lane shall be constructed to
provide a minimum of 100 feet of storage with shadow tapers for both
the ~pproach and departure directions. Coordinate the design of the
turn lane with District staff.
16.11 Construct all public roads within the subdivision as 36-foot street
sections with curb, gutter, and 5-foot-wide concrete sidewalks within 50
feet of right-of-way.
16.12 The proposed knuckles located at the north and south end of Sagefire
FINDINGS OF FACT AND CONCLUSIONS OF LAW ~ Page 6
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNExATION AND ZONING/
BY STEINER DEVELOPMENT, LLC. /
WILKINS RAI;TCH VILLAGE PUD (AZ-00-016)
Avenue are approved with the application. No traffic islands are
,required in the knuckles.
16.13 Any proposed landscape islands/medians within the public right-of-way
dedicated by this plat shall be ovvned and maintained by a homeowners
association. Notes of this shall be required on the final plat.
16.14 Direct lot or parcel access to Us tick Road or Wilkins Way is prohibited.
Lot access restrictions, as required with the application, shall be stated
on the final plat.
16.15 A request for modification, variance or waiver of any requirement or
policy outlined herein shall be made in writing to the ACHD Planning
and Development Supervisor. The request shall specifically identify
each requirement to be reconsidered and include a written explanation
of why such a requirement shall result in a substantial hardship or
inequity. The written request shall be submitted to the District no later
than 9:00 a.m. on the day scheduled for ACHD Commission action.
16.16 After ACHD Commission action, any request for reconsideration of the
Commission's action shall be made in writing to the Planning and
Development Supervisor within six days of the action and shall include
a minimum fee of $110.00. The request for reconsideration shall
specifically identify each requirement to be reconsidered and include
written documentation of data that was not available to the
Commission at the time of its original decision.
16.17 Payment of applicable road impact fees are required prior to building
construction in accordance with Ordinance # 193, also knovvn as Ada
County Highway District Road Impact Fee Ordinance.
16.18 All design and construction shall be in accordance with the Ada County
Highway District Policy Manual, ISPWC Standards and approved
supplements, Construction Services procedures and all applicable
ACHD Ordinances unless specifically waived herein. An engineer
registered in the State of Idaho shall prepare and certify all
improvement plans.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY STEINER DEVELOPMENT, LLC./
WILKINS RANCH VILLAGE PUD (AZ-00-016)
16.19 Applicant shall submit revised plans for staff approval, prior to issuance
of building permit (or other required permits), which incorporates any
required design changes.
16.20 Construction, use and property development shall be in conformance
with all applicable requirements of the Ada County Highway District
prior to District approval for occupancy.
16.21 The responsibility of the applicant shall be 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.
16.22 Applicant shall be required to call DIGLINE at least two full business
days prior to breaking ground within ACHD right-of-way. The
applicant shall contact ACHD Traffic Operations in the event any
ACHD conduits (spare or filled) are compromised during any phase of
construction.
16.23 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 ACHD.
The burden shall be upon the applicant to obtain written confirmation
o~ any change from the ACHD.
16.24 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.
17. 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. 16, and all
sub-parts, the economic welfare of the City and its residents and tax and rate payers
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY STEINER DEVELOPMENT, LLC. /
WILKINS RANCH VILLAGE PUD (AZ-OO-OI6)
will be protected, which requirement shall be included in a development agreement, a
condition of annexation and zoning designation.
18. It is also found that the development considerations as referenced in
Finding No. 16 are reasonable to require and 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 vidnity 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, glare and odors.
19. It is found that the zoning of the subject real property as Medium
Density Residential District (R-8) requires connection to the Municipal Water and
Sewer systems and will be compatible with the Applicant's development intentions,
and will assure.that the zoning is consistent with the Meridian' Comprehensive Plan
Generalized Land Use Map which desi~ates the subject property as Single Family
Residential.
20. The subject annexation request and zoning designation and proposed
development relates and is compatible to the goals and policies of the Comprehensive
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY STEINER DEVELOPMENT, LLe. /
WILIGNS RANCH VILLAGE PUD (AZ-OO-016)
Plan of the City as follows:
20.1 The consideration of the provisions of the Comprehensive Plan and the
requirements of the zoning ordinance assure that the processing of such
application is the management of grovvth with the aim to achieve high-
quality development. Enhancement of Meridian's quality of life for all
residents is achieved by applying the criteria of the Comprehensive Plan
and the zoning ordinance of the City to all applications such as the
subject application.
20.2 This proposed new growth development will finance public service
expansion by the requirement herein that the applicant comply with the
requests submitted of the political subdivisions' responses within the
Meridian Urban Service Planning Area submitted in the record of this
matter.
20.3 The application is consistent with Meridian's self-identity.
20.4 The preservation and improvement of the character and quality of
Meridian's man-made environment while maintaining its identity as a
self-sufficient community is achieved by applying the criteria of the
Comprehensive Plan and the zoning ordinance of the City to the subject
application.
20.5 Compliance with the requests of the political subdivisions providing
services, assures that community services are being provided for existing
and projected needs and that the land use patterns of the City are
balanced to insure that revenues pay for services and that the Urban
Service Planning Area is visually attractive, efficiently managed and
clearly identifiable.
-?0.6 Compatible and efficient use of land through innovative and functional
site design is achieved by applying the criteria of the Comprehensive
Plan and the zoning ordinance of the City to the subject application.
21. The property can be physically serviced with City water and sewer, if
applicant e.:ttends the lines.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY STEINER DEVELOPMENT, LLC. /
WILKINS RANCH VILLAGE PUD (AZ-OO-OI6)
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
boundaries and that said property lies within the area of city impact as provided by
Idaho Code Section 50-222. The Meridian City Code ~ 11 ~ 16 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. ~e 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 "Lbcal 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.A The Goals of the Comprehensive Plan are set forth at Page 5 and
include:
4.1 To preserve Meridian's environmental quality and to make
provisions for and improve the total natural environment
by adopting City-wide and Urban Service Planning Area
policies, which deal with area-specific policies and
programs.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page II
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY STEINER DEVELOPMENT, LLC. /
WILKINS RANCH VILLAGE PUD (AZ-OO-O 16)
4.2 To ensure that growth and development occur in an
orderly fashion in accordance with adopted policies and
procedures governing the use of land, residential
development, the provision of services and the distribution
of new housing units within the Urban Service Planning
Area.
4.3 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.
4.4 To provide housing opportunities for all economic groups
within the community.
4.5 To preserve and improve the character and quality of
Meridian's man-made environment while maintaining its
identity as a self-sufficient community.
4.6 To encourage cultural, educational and recreational
facilities which will fill the needs and preferences of the
citizens of Meridian and to insure that these facilities are
available to all residents of the City.
4.7 To provide community services to fit existing and projected
needs.
4.8 To establish compatible and efficient use of land through
the use of innovative and functional site design.
4.9 To encourage a balance ofland use patterns to insure that
revenues pay for services.
4.10 To create an Urban Service Planning Area which is visually
attractive, efficiently managed and clearly identifiable.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY STEINER DEVELOPMENT, LLC. /
WILIGNS RANCH VILLAGE pun (AZ-OO-O 16)
4.B Comprehensive Plan Policies:
The goals and policies listed below most directly apply to the proposed project:
Economic Development Chapter
Policies 3.1U, 3.2U
Land Use Chapter
Policies 2.1U, 2.2U, 2.3U, 6.3c
Natural Resources and Hazardous Areas Chapter
Policies 1.10, 2.1U, 2.5U, 3.1U, 4.1U
Transportation Chapter
Policies 1.6U, 1.9U
Open Spaces Parks and Recreation
Policies 3.1, 5.3
Housing Chapter
Policies 1.3, lA, 1.7, 1.12, 1.13U, 1.18
Community Design Chapter
Policies 1.8, 5.2U
5. The zoning of Medium Density Residential District (R-8) is defined in
the Zoning Ordinance at S 11-7-2 D as follows:
(R.8) Medium Densitqr Residential District: The purpose of the R-8
District is to permit the establishment of single- and two-family dwellings at a
density not exceeding eight (8) units per acre. This District delineates those
areas where such development has or is likely to occur in accord with the
Comprehensive Plan of the City and is also designed to permit the conversion
of large homes into two-family dwellings in well-established neighborhoods of
comparable land use. Connection to the Municipal water and sewer systems of
the City: is re.quired.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY STEINER DEVELOPMENT, LLC. /
WILKINS ~CH VILLAGE PUD (AZ-OO-O 16)
6. By authority of the City of Meridian under the Comprehensive Plan, a
conditional use permit is required for Applicant to construct and develop a planned
commercial development on this parcel of land.
7. 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).
8. 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 12-
2.4 which pertains to development time schedules ~nd requirements; Section 12~4.i},~J.
which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to
pressurized irrigation systems.
9. The development of the property shall be subject to and controlled by
the Zoning and Subdivision and Development Ordinance of the City of Meridian.
10. Section 11-16-4 A 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
condition of the zoning, that an O"wner 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 Unless the commitment is modified or terminated by the City Council,
the commitment shall be binding on the owner of the parcel, each subsequent
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY STEINER DEVELOPMENT, LLC. /
WILKINS RANCH VILLAGE PUD (AZ-OO-016)
owner, and each other person acqUlnng an interest in the property. A
commitment is binding on the owner of the property even if it is unrecorded;
however, an unrecorded commitment is binding on subsequent ovvners and
each other person acquiring an interest in the property only if the subsequent
owner and each other person acquiring an interest in the property has actual
notice of the commitment.
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
10.19 acres to Medium Density Residential Distric~ (R-8) is granted subject to the
terms and conditions of this Order hereinafter stated.
2. The application is for annexation and zoning of 10.19 acres. The legal
description shall be prepared by a Registered Land Surveyor, Licensed by the State of
Idaho, and shall conform to ail 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 that provides in the
event the cond~tions therein are not met by the Developer that the property shall be
subject to de-annexation, witp the City of Meridian, which provides for the following
conditions of development, to-wit:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY STEINER PEVELOPMENT, LLe. /
WILKINS RANCH VILLAGE PUD (AZ-00-016)
Adopt the Recommendation of Planning and Zoning Staff as follows:
3.1 All irrigation ditches, laterals or canals, e,xclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the area being
subdivided shall be tiled per City Ordinance 12~4~13. The ditches to be
piped shall be shown on the site plans. Plans shall be approved by the
appropriate irrigation/drainage district, or lateral users association, with
\VIi.tten confirmation of said approval submitted to the Public Works
Department. No variances have been requested for tiling of any ditches
crossing this project.
3.2 Any existing domestic wells and/or septic systems within this project
shall be removed from their domestic service per City Ordinance
Sections 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes
such as landscape irrigation.
3.3 Five-foot-wide sidewalks and pedestrian walkways shall be provided in
accordance with City Ordinance Section 12-5-2.K.
3.4 Any conditions attached to a Final Development Plan for Planned
Development projects run with the land and shall not lapse or be waived
as the result of any subsequent change in tenancy or ownership.
3.5 The application indicates the current use of the property is agricultural
and residential and that one existing home and an accessory building
occupy the parcel. In fact, the property also contains an illegal mobile
structure that is being used for office space by the developer. The
mobile building is not an approved use in the proposed R-4 zone, and a
condition shall be placed on ,the applicant that the mobile building be
removed prior to passage of an annexation ordinance.
3.6 The City has been experiencing problems with pedestrian walkways
throughout the City. As a condition of annexation, the developer shall
be required to construct the walkway and three-foot-high fencing on
each side of the common lot. The developer shall also be required to
place a deed restriction on Lots 8 and 10, Block. 2, to prohibit the
construction of any fencing higher than three feet on the sides adjacent
to the pedestrian walkway lot.
FINDINGS O~ FACT AND CONCLUSIONS OF LAW - Page 16
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING!
BY STEINER DEVELOPMENT, LLC.!
WILKINS RANCH VILLAGE PUD (AZ-OO-OI6)
3.7 A Development Agreement shall be required as a condition of
annexation.
Adopt the Recommendation of the Ada County Highway District as follows:
3.8 Dedicate 48-feet of right-of-way from the centerline of Ustick 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. Allow up to 30 business
days to process the right-of-way dedication after receipt of all requested
material. The owner shall be compensated for all right-of-way dedicated
as an addition to existing right-of-way from available impact fee revenues
in this benefit zone, if the owner submits a letter of application to the
impact fee administrator prior to breaking ground, in accordance with
Section 15 of ACHD Ordinance #193.
3.9 Construct a 5-foot-wide concrete sidewalk on Ustick. Road abutting the
entire parcel, located 2 feet within the new right-of-way line. Coordinate
the location and elevation of the sidewalk with District staff.
3.10 Construct a center turn lane on Us tick Road for the Wilkins WaylUstick
Road Intersection. The turn lane shall be constructed to provide a
minimum of 100 feet of storage with shadow tapers for both the
approach and departure directions. Coordinate the design of the turn
lane with District staff.
3.11 Construct all public roads within the subdivision as 36-foot street
sections with curb, gutter, and 5-foot-wide concrete sidewalks within 50
feet of right-of-way.
3.12 The proposed knuckles located at the north and south end of Sagefire
Avenue are approved with the application. No traffic islands are
required in the knuckles.
3.13 Any proposed landscape islands/medians within the public right-of-way
dedicated by this plat shall be owned and maintained by a homeowners
association. Notes of this shall be required on the final plat.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY STEINER DEVELOPMENT, LLC. /
WILKINS RANCH VILLAGE PUD (AZ-00-016)
3.14 Direct lot or parcel access to Ustick Road or Wilkins Way is prohibited.
Lot access restrictions, as required with the application, shall be stated
on the final plat.
3.15 A request for modification, variance or waiver of any requirement or
policy outlined herein shall be made in writing to the ACHD Planning
and Development Supervisor. The request shall specifically identify each
re'quirement to be reconsidered and include a written explanation of why
such a requirement shall result in a substantial hardship or inequity.
The written request shall be submitted to the District 1\0 later than 9:00
a.m. on the day scheduled for ACHD Commission action.
3.16 After ACHD Commission action, any request for reconsideration of the
Commission's action shall be made in writing to the Planning and
Development Supervisor vvithin six days of the action and shall include a
minimum fee of $110.00. The request for reconsideration shall
specifically identify each requirement to be reconsidered and include
written documentation of data that was not available to the Commission
at the time of its original decision.
3.17 Payment of applicable road impact fees are required prior to building
construction in accordance with Ordinance #193, also known as Ada
County Highway District Road Impact Fee Ordinance.
3.18 All design and construction shall be in accordance with the Ada County
Highway District Policy Manual, ISPWC Standards and approved
supplements, Construction Services procedures and all applicable ACHD
Ordinances unless specifically waived herein. An engineer registered in
the State of Idaho shall prepare and certify all improvement plan.
3.19 Applicant shall submit revised plans for staff approval, prior to issuance
of building permit (or other required permits), which incorporates any
required design changes.
3.20 Construction, use and property development shall be in conformance
with all applicable requirements of the Ada County Highway District
prior to District approval for occupancy.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18
AND DECISIQN AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY STEINER DEVELOPMENT, LLC. /
WILIGNS RANCH VILLAGE PUD (AZ-OO-O 16)
3.21 The responsibility of the applicant shall be 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.
3.22 Applicant shall be required to call DIGLINE at least two full business
days prior to breaking ground within ACHD right.of-way. The applicant
shall contact ACHD Traffic Operations in the event any ACHD conduits
(spare or filled) are compromised during any phase of construction.
3.23 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 ACHD.
The burden shall be upon the applicant to obtain 'Written confirmation
of any change from the ACHD.
3.24 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
re,strictions 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
o1::her legal relief is granted pursuant to the law in effect at the time the
change in use is sought.
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 (R-8) Medium Density Residential
District, and Meridian City Code g 11-7-2 D.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY STEINER DEVELOPMENT, LLe. /
WILKINS RANCH VILLAGE PUD (AZ-OO-O 16)
("7,
in Meridian City Code g 11-21-1 in accordance with the provision~ 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 g 67-6521 an affected person is a person who
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 / q ~ day
of
d:e;p~ ~
,2000.
ROLL CALL :
.COUNCILMAN RON ANDERSON
VOTED~
COUNCILMAN ,KEITH BIRD
VOTED~
COUNCILMAN TA1v1MY deWEERD
VOTED~
COUNCILMAN CHERIE McCANDLESS
VOTED~
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY STEINER DEVELOPMENT, LLC. /
WILKINS RANCH VILLAGE PUD (AZ-00-016)
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: 9-/9-&6
MOTION:
APPROVED~ISAPPROVED:_
VOTED~
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and the City Attorney.
BY:~""": ~~ Q Dated: 9-/f-~tJ
lty Clerk' f"-
msglZ:\Work\History\M\Meridian\Wilkins Ranch AZ016 CUP040 PP\AZFfCtsOrder.wpd
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY STEINER DEVELOPMENT, LLC. /
WILIGNS RANCH VILLAGE PUD (AZ-OO-016)
Interoffice
Memorandum
RECEIV~~
APR 20m
City of Meridian
City Clerk Office
To: William G. Berg, Jr. J
From: Wm. F. Nic.h./f/!/fV
Subject: Overland Mini Storage - Time Extension (TE-O 1-004)
Date: April 16, 2001
Will:
Please find enclosed the original of the Order Granting A One (1 ) Year Time
Extension For Filing The Final Development Plan, in the above matter. This Order is
pursuant to the timely request of the applicant, Overland Mini Storage, LLC, and
pursuant to the City Council's action at its April 3, 2001, meeting.
Therefore, please present this Order to Mayor Corrie to obtain his signature.
Please forvvard copies to the applicant, Planning and Zoning, Public Works and the
City Attorney.
If you have any questions please advise.
Z:\W ork\M\Meridian\.Meridian [5360M\Overland Mini Storage TE-O] -004\Clk04] 60 [Mem.doc
BEFORE THE MERIDIAN CITY COUNCIL
CIC 4-03-01
IN THE MATTER OF THE APPLICATION
FOR THE FINAL PLAT FOR OVERLAND
MINI STORAGE, LOCATED AT
SUBDIVISION, LOCATED AT 1230 EAST
OVERLAND ROAD, MERIDIAN, IDAHO
CASE NO. TE-OI-003
ORDER GRANTING A ONE
(1) YEAR TIME EXTENSION
FOR FILING THE
FINAL PLAT
BY: OVERLAND MINI STORAGE, LLC
This matter coming on regularly before the City Council on the 3rd day of
April, 2001, upon the Applicant's time application for a one (1) year extension within
which to submit the Final Plat, which was originally approved on April 18, 2000, as
provided in & 12-3-6 B, and good cause appearing.
IT IS HEREBY ORDERED AND THIS DOES ORDER THAT:
The above named Applicant is granted a one (1) year extended period of time
until April 1, 2002, of this Order within which to submit the Final Development Plan
Plat for the above entitled subdivision application.
By action of the City Council at its regular meeting on the 3rd day of April,
2001.
Order Granting A One (1 ) Year Time Extension For Filing
The Preliminary Plat and Final Plat (TE-O 1-003)
3p-4). ~
DATED this --=- day of
, 2001.
Copy served upon Applicant, Planning and Zoning Department, Public Works and
the City Attorney.
By~~~&~q'9-
Ity Clerk'" V
Dated:
1-,- J -tJ I
Z:\Work\M\Meridian\Meridian J 5360M\OverJand Mini Storage TE-O] -004\FPTime Extension- J -004.doc
Order Granting A One (1 ) Year Time Extension For Filing
The Preliminary Plat and Final Plat (TE-O 1-003)
2
WHITE PETERSON
WHITE, PETERSON, MORROW, GIORAY, ROSSMAN, NYE & ROSSMAN, P.A.
ATTORNEYS AT LAW
JULlE KLEIN FISCHER
WM. F. GIGRAY, III
BRENT JOHNSON
D. SAMUEL JOHNSON
LARRY D. MOORE
WILLIAM A. MORROW
WILLIAM F. NICHOLS.
CHRISTOPHER S. NYE
PlllLlP A. PETERSON
ERIC S. ROSSMAN
TODD A. ROSSMAN
DAVID M. SWARTLEY
TERRENCE R. WHITE"
200 EAST CARLTON AVENUE, SUITE 31
POST OFFICE BOX 1150
MERIDIAN, IDAHO 83680-1150
TEL (208) 288-2499
Apffl (1~,z~GOi
NAMPA OFFICE
]04 NINTH AVENUE SOUTH
POST OFfiCE BOX 247
NAMPA, IDAHO 83653-0247
TEL (208) 466.9272
FAX (208) 466.4405
William G. Berg, Jr.
Meridian City Clerk
33 East Idaho
Meridian, Idaho 83642
PLEASE REPLY TO
MERIDIAN OFFICE
.ALSO ADMITTED IN OR
..ALSO ADMITIEO IN WA
City of lVIeridi!3-n
City CIerh: Office
RE: Observation Pointe Subdivision / Victory 41, LLC
Final Plat (FP-O 1-002)
Dear Will:
Regarding the above referenced matter, please find enclosed the original of the
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT for approval and
signature by the Mayor and yourself. Please serve a copy of the ORDER upon the
Applicant, with a Certificate of Service in the file, and a copy to Planning and
Zoning, Public Works and the attorney's office.
If you have any questions, please give me a calL
~
Wm. F. Nichols
Enclosure
Z:\Work\M\Meridian\Meridian 15360M\Observation Pointe Sub FPO [-002\Berg04 J 90 IFPMem.doc
(
** TX CONFIRMA1ION REPORT **
AS OF MAY 1214 '1211 15: 51 PAGE. 1211
CITY OF MERIDIAN
DATE TI ME TO/FROM
1121 05/1214 15: 48 3452950
MODE M I N/SEC PGS CMDJ:! STATUS
EC--S 1213' 1210" 01217 12120 OK
--....----....--.....---.....--.....--.....--.....---------......------.........-.....----------....-----------.........-.....---....-....----...------..........----
WHITE PETERSON
WHITE, PETERSON, MORROW, GlORAY, ROSSMAN, NYE & ROSSMAN, P.A.
ATTORNEYS AT LAW
IULUf Ktil~ l'l$cu..
W}l. F. 010MY. III
B.."T 10H>!9CtI
D. S...wua lC>lN$ON
~~~'~~~:RO'"
WlLLIA" F. NICHOLS'
CHO'STOl'H,' S. Nn
P>1IUr A. PHR~ON
ElUo S.l\O!lSMAN
TODD A. ROs......."
OAIIIO M. S"'MTlU
'TE"fUlE~CE R. WKlTeu
ZOO EAST CAR.LTON AVENUE. SUIIE Jj
POST OrF1C~ BOX llSO
MERIDIAN, IDAHO 83680-1150
TEL (206) 268.2499
.AJ)ti'l (~~,22GGi
RECEnn3JD
AP~ .~ ?, 20m
NAMPA OFFICE
LO.p~f,7gF:.~~;:~4~TH
NAMPA. IDAHO ej6B..G~7
TEL (lon 46E-91 n
FAX (lOe, 461\.HOS
"ALSO hDMt'rnc IN QR
....",lGO AD).-IITnD ~N WA
William G. Berg, Jr.
Meridian City Clerk
33 East Idaho
Meridian, Idaho 83642
~Lf^SB lIEPlY TO
MUIbIAN OFFICE
City of Meridi~n
City Clerk Ofboe
RE: Observation Pointe Subdivision / Victory 41, LLC
Final Plat (PP~Ol-002)
Dear Will:
Regarding the above referenced matter, pk:a.~e find enclosed the original of the
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT for approval and
signat.ure by the Mayor and yourself. Please serve a copy of the ORDER upon the
Applicant, with a Certificate. of Service in the file, and a copy LO Planning and
Zoning, Public Works and the attor~~!.:~:?!~.~;::~.""
Enclosure
(
** TX CONF 1 RMA'rI ON REPORT **
AS OF MAY 04
16: 03 PAGE. 01
CITY OF MERIDIAN
DATE TIME TO/FROM MO~: M~~~~~S 01~GS ~~~l:I S6~TUS
----==---~=~~~-==~=~-:~=~:=~---------------::--:-------------------------c--------------_____
Mayor and COUllr.::il
Man:h 29, 2001
Page 2
The leuer received from the adjacent landowner is not Slltficient to lIl.ake the determioation that the
gravel pit use .bas ceased. Tn a telephone .conversation wiTh Mr. Randy St. Clair. he indicated that the
s;,. "'joe.", '" Oboonation Po;"'. " in rho pmce,s of boing =1Bim<:d, but lI"" ..me lllining of
lDlIbO:iaIs " still taking place On othor poniom of the)lan:el. Mr. Sl. CJa;r " also &es;_1O _e any
!cind of commitment about future .land w;e plans. The parcel is shown as single-lanUly residential in
the Meridian COmprohen.ive Pion. The develop.r hss oJlmd. _.use 10 the 20-fuot plaJuing
strip of requiring in the CC&.R."s that two tr~ wilh a minimum height of six feet and a minimum
<alipe< 10_ of.... inn"" be pro.ided w;o,;" . 2l1-fuot.wide landscape setback prior 10
oCCUpancy. This WtIuld also be difficult for tl= CIty-to cnmree, ~ the City does.oot enforce CC&R:s.
A 1Ilore appropriate alternative" may be for the developer to plmrt the trees prior to building Permits
beiIlg issued on tbe lots. In the Previous Scenario, if homes built on t11e .lots arc rot ready to be
occupied until winter. buyeTS WOtl]d not be able to close 011 tlU! lots unless the ttees were already in
p.la.ce.
Also cb.ao.ged frolD tile first final plat submitted with the application are Lots $-13, Block 5. The lo(s
have obangod in di...n,;,n, .... oow _e obvioudy aIankd, and ha.. left an ._ lot w;'h Lo, 5,
Block. S. No eXplanation has bcengi"VCn tOr this change.
The storm drain easement shown on Lots I. 2 and 15, Block 6, was previously included in common
lots a4iacc.nt to Lot I, BIotic 7, and Lot 34 Block S. This change has also gone unexplained.
W"e have reviewed Ihis submittal and offer the fo/JoWing Comments. as conditions qf the applicant.
These condit/orIS ~;haJ/ be Considered in fuJI, :mI/!$S expres~ly modified 0,.. deleted by motion of the
Meridian City CounCil:
8m SPEC]];'JC COMMENTS:
J . inclUde the entire Kennedy Lateral within Lot 6, Block 2, as shown on the approved
preliminary plat.
2.. Plat the remainder of the property soU1h of the Kennedy Latcnl as .0. sepllllrte lor, ~ well as the
20-foot-wide COllU11oQ lot .adja.ccm to Victory Road. This area. wjJJ maintain iI sanitury restriCtion until such ~ 8.!l the Black Cat Trunk is co:xtended The developer can enttt into a
uon-clevefop:menr; agreement with ACHD and the City of Meridian for this portion of ~
property.
3. Add a 20~foot~wide landscape easement a!o~ aU westerly boundary lots and provide 20 two-
inch caliper (nUn. height six fCd:) prior to obtainmg buildinS permits.
4. Add, delete or modi1)t the following note3:
8. ... each single-family stmcru.re shun contain a minim,um of.J.;400 6lQQ square fe=t,
exc.luding garage.
FJ>~I-M.2
0"-"01;'" i'uial.f'1'
. -'~".'...~ ~.,
MOP ~'" 'e!, 1, '~"l
,'.\ ~:\:" \~&.1t,iJ;1- ~"j, ~~/.r
BEFORE THE MERIDIAN CITY COUNCIL
CIC 04-17-01
IN THE .MATTER OF THE
APPLICATION OF VICTORY
41, LLC, FOR APPROVAL OF
FINAL PLAT FOR
OBSERVATION POINTE
SUBDIVISION LOCATED
NORTH OF VICTORY ROAD
AND EAST OF MERIDIAN
ROAD, MERIDIAN, IDAHO
CASE NO. FP-01-002
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council for Final Plat approval
pursuant to Meridian City Code S 12-3-7 on April 17, 2001, and the Council finding
that the Administrative Review is complete which has included certain comments and
conditions as stated in a letter to the Mayor and Council from Shari Stiles, Planning
and Zoning Administrator, and Bruce Freckleton, Engineering Technician III, listing
14 General Comments and 10 Site Specific Comments, which are herein found fair
and reasonable, and that Shari Stiles, Planning and Zoning Administrator,
commented at the hearing, and Michael Caven appeared and testified on behalf of
the Applicant, and the Council having considered the requirements of the preliminary
plat the Council takes the following action:
ORDER OF CONDITIONAL APPROVAL OF --
FINAL PLAT FOR OBSERVATION POINTE SUBDIVISION
BY: VICTORY 41, LLC (FP-OI-002)
PAGE 1 OF 15'
IT IS HEREBY ORDERED THAT:
1.
The revised Final Plat of uOBSERVATION POINT SUBDIVISION
NO. I" as evidenced in Plat bearing the File name: "PLAT OF OBSERVATION
POINT SUBDIVISION NO.1, LOCATED IN THE SE 1/4 OF THE SW 1;4,
SECTION 19, T. 3N., R. IE., B.M.,ADACOUNTY, IDAHO 2001, SHEET 1 OF 3,
STAMPED: MAR 14 2001/RECEIVED MAR 14 2001 CITY OF MERIDIAN,
#0305 \0305-PLT.DWG BKB 03!l4JOI, BRIGGS ENGINEERING, INC.,
Consulting Engineers, VICTORY 41, LLC, Developer", is Conditionally Approved
subject to those conditions of Staff comments as set forth in the Memorandum to the
Mayor and City Council from Bruce Frecldeton, Engineering Technician III, and
Shari Stiles, Planning and Zoning Administrator, dated March 28, 2001, listing 14
General Comments and 10 Site Specific Comments, and the response letter from
Michael Caven on behalf of the Applicant letter stamped dated: RECEIVED APR 13
2001 CITY OF MERIDIAN CITY CLERK OFFICE, true and correct copies of which
are attached hereto marked Exhibit "A", and consisting of 15 pages - including some
pages copied front and back, and by this reference incorporated herein, with the
additional requirements as follows, to-wit:
Site Specific Comments:
1.1 From the action taken by the Meridian City Council at their
City Council meeting held on Tuesday, April 1 7, 2001,
ORDER OF CONDITIONAL APPROVAL OF --
FINAL PLAT FOR OBSERVATION POINTE SUBDIVISION
BY; VICTORY 41, LLC (FP-OI-002)
PAGE 2 OF 16
pertaining to Staff comments dated March 28, 2001, and
Applicant's response letter, all comments from Applicant's
response letter are agreed with, exceptJor item #9 pertaining to
the landscape, and said landscape plan has been submitted and is
part of the attached Exhibit "A", specifically pages 9, I 0 and II.
General Comments:
1 O. Any existing domestic wells and/or septic systems on Lot 4
Block 5 shall be removed from their domestic service per
City Ordinance. However, the home located on Lot 2
Block 2 shall retain use of its domestic well and septic
system for domestic purposes.
1.2 Meridian Fire Chief, Kenny Bowers, requires all common lots to
be kept clear of trash and weeds, and that there will be no
parldng of vehicles, trailers and/or equipment in the cul-de-sacs.
Streets and street name signs shall be constructed and installed
before the building is started.
1.3 The Nampa & Meridian Irrigation District requires the plat shall
indicate the center of the Nampa & Meridian Irrigation District's
Kennedy Lateral in relationship to the 55-foot easement.
1.4 The Central District Health Department requires after written
approval from the appropriate entities are submitted, they can
approve this proposal for central sewage and central water; that
plans must be submitted to and approved by the Idaho
Department of Health and Welfare, Division of Environmental
Quality for central sewage and central water; that run-off is not to
create a mosquito breeding problem; and it is suggested that
stormwater be pretreated through a grassy swale prior to
discharge to the subsurface to prevent impact to groundwater and
surface water quality; or if other means of pretreatment of storm
water discharge is provided, then Applicant shall furnish to the
Public W orlcs Department a copy of the proposed Operation and
Maintenance Manual, including a schedule of regular
maintenance for the drains. A commitment shall be required that
ORDER OF CONDITIONAL APPROVAL OF --
FINAL PLAT FOR OBSERVATION POINTE SUBDIVISION
BY: VICTORY 41, LLC (FP-OI-002)
PAGE 3 OF j~
in the event the drains do not effectively work, either through
problems with design or maintenance, development of new plans
for a means to pretreat the storm water discharge shall be
required. The engineers and architects should obtain current best
management practices for stormwater disposal and design a
stormwater management system that is preventing groundwater
and surface water degradation. Manuals for guidance:
1.4.1 State of Idaho Catalog Of Stormwater Best Management
Practices For Idaho Cities And Counties. Prepared by the Idaho
Division Of Environmental Quality, July 1997.
1.4.2 Stormwater Best Management Practices Guidebook. Prepared by
City of Boise Public Works Department, January 1997.
2.
The final plat upon which there is contained the Certification and
signature of the City Clerk and the City Engineer verifying that the plat meets the
City's requirements shall be signed only at such time as:
I. The Plat dimensions are approved by the City Engineer; and
2. The City Engineer has verified that all off~site improvements are
completed and/or the appropriate letter of credit or cash has been
issued guaranteeing the completion of off-site and required on~
site improvements.
ORDER OF CONDITIONAL APPROVAL OF --
FINAL PLAT FOR OBSERVATION POINTE SUBDIVISION
BY: VICTORY 41, LLC (FP-OI-002)
PAGE 4 OFj5
By action of the City Council at its regular meeting held on the /7~
day of
~/;(
,2001.
By: ~;lfJ~:,
RO ERT D. CORRIE
Mayor, City of Meridian
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and City Attorney.
YIA~~~
B:x' '(LV / ,
ity Clerk
Dated:
1--/7-0
Z:\Work\M\Meridian\Meridian 15360M\Observation Pointe Sub FP01-002\Order FP .doc
ORDER OF CONDITIONAL APPROVAL OF --
FINAL PLAT FOR OBSERVATION POINTE SUBDIVISION
BY: VICTORY 41, LLC (FP-OI-002)
PAGES OF 15
MAYtJk
Rob:rt D. CtlITic
dUB VF J."RE.4.StlRE VALI.ET
A Good. Place to Live
CITY OF MERIDIAN
LEO.<\!. DEI' NlThil:::..vr
(:408) 2811.:499 - Fax 2Klf..2:501
....-
. _:~ .~;
....~
~.'~:;:.\~
cny (.'OUlIlCIL MEMnERs
Ron AAcknllit
Kcilh Bird
TanUl)' !idWeolrd
Oll:nc l~\(lIcu
MEMORANDUM:
33 EAST IDAHO
MERlDL\N, JDAHO 83642
QOB) 818-4433 . F A:I{ (%08) Si7-4813 PLANNING AND 7.0NIN<:l
City Clerk. Office P'u (208) 88!-l21 K Ol:l'.U.l'MENT
RECEIVED (2C8)Il34-JjJ3' P'AX88s-.6'8S<l
MAR 3 Q 2QQ1
PUBUC WORItS
BOn.oING DI:1.PAATME:N'T
(.%08)821-2Z11' Fu:887-1297
To:
City of Meridi!ln
Mayor & City Council City Clerk OffIce
Bruce Frecldeton, Assistant to City Engine~
Shari Stiles. Planning & Zoning Administrator ~
March 28,2001
From:
Re:
Request for Final Plat for Observation Point Subdivision - 84 Single-Jamily Lors and 6
Other Lots on 43.33 Acres _
APPLICA TION SUMMARY:
Th.e original final plat submitted with the application included the entire annexed area. The latest
submittal. dated March 14, 2t;)OJ, deletes the southwest comer of the plat and leaves this area as
unplatted ground. The reason given fOr this deletion was that Ada County High\.VaY District (ACHD)
would not sign the plat unless a bridge were built over the Kennedy LateraL The City has received no
COlIespondence from ACHD SUpporting this statement. Staff recommends that the entire Kennedy
Lateral easement be included in this plat as a common lot. as was shown on the approved preliminary
plat, and that the remainder ~fthe parcel be platted as two lots; a common Jot for landscaping adjacent
to Victory Road and a :future single lot. The applicant should then be able to enter into a non-
development agreement with ACHD for that portion south of the Kennedy Lateral. rfrhis propeny is
not included in the plat, the parcel will be an iUeg.u split and no pennits can be issued on the existing
dwelling unit.
Another issue to be considered is the reconfiguration of the traffic.-calming "choker" on S. Andros
Way at the northwest comer of the property. . Th~ conditions of the preliminary plat required a
landscape island to be located at the intersection of S. Andros Way and E. Lake Creek Street to reduce
speeds in the area and help reduce cut-through traffic. ACHD was not in favor of the design as
proposed, but wlll consider a reduced street width and alternate configuration which will help produce
the same effect.
A condition of the annexation and preliminary plat, which is included in the development agreement, i:)
as fol1o\\o"5:
....The 20-foot landscape buffer along the west side of the deveIopmelIt may be waived if
applicant provides proof to the Planning and Zoning Department that the commercial activity
consisting of an adjacent gravel pit has ceased. is under a plan of reclamation,. and is likely to
be converted to residential use in the foreseeable future. In the absence of such proof; the 20-
foot land cape buffer as recommended by City Staff must be inslalled as a condition of final
plat approval."
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Mayor and Council
March 29,2001
Page 2
The Jetter received from the adjacent landowner is not sufficient to make the determination that the
gravel pit use has ceased. Tn a telephone conversation with Mr. Randy SL Clair, he indicated that the
site adjacent to Observation Pointe is in the process of being reclaimed, but that some mining of
materials is still taking place on other portions of the parcel. Mr. St. Clair is also hesitant to make any
kind of commitment about future land use plans. The parcel is shown as single-family residential in
the Mcridian Comprehensive Plan. The developer has offered a compromise to the 20- foot planting
strip of requiring in the CC&R"s that two tree5 with a minimum height of six feet and a minimum
caliper measurement of two inches be provided within a 20-foot-wide landscape setback prior to
Occupancy. This would also be ditIicuh for the City to enfurce, ac; the City does not enforce CC&R's.
A more appropriate alternative may be for the developer to plnnt the trees prior to building permits
being issued on the lots. In the previous scenario, if homes built on the lots arc not ready to be
occupied until winter. buyers would not be able to close on the lots unless the trees were already in
place.
Also changed from the first final plat submitted with the application are Lots 5~13, Block 5. The lots
have changed in dimension, are now more obviously slanted, and have left an awkward lot with Lot 5.
Block 5. No explanation has been given for this change.
The storm drain easement shown on Lots 1,2 and 15, Block 6, was previously included in conunon
lots adjacent to Lot 1, Block 7~ and Lot 32, Block S. This change has also gone unexplained.
We have reviewed this submiltai and offer the following comments, as conditions qf the applicant.
These conditions shall be considered in fuJI, unless expressly modified or deleted by motion of the
Meridian City Council:
SITE SPECIFIC COMMENTS:
1. Include the entire Kennedy Lateral within Lot 6, Block 2. as shown on the approved
preliminary plat.
2. PIat the remainder of the property south of the Kennedy Lateral as a separate lot, as \VeIl as the
20-foot-wide common lot. adjacent to Victory Road. This area wj]J maintain a sanitiiI)'
restriction until such time as the Black Cat Trunk is extended. The developer can enter into a
non-development agreement with ACHD and the City of Meridian for this portion of the
property.
3. Add a 20~foot~wide Jand'iCape easement along all westerly boundary lots and provide 20 two-
inch caliper (min. height six feet) prior to obtaining building permits.
4. Add, delete or modjfy the follOwing notes:
8. ...Each single-family structure shan contain a minimum of +,400 b!Q.Q square fee~
excluding garage.
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Mayor and Council
March 29. 2001
Page 3
11. Add instrum~nl number prior to recording plat.
13. Delete this note in its entirety. (Remove all storm drain easements .from buildable 10/...
and include the easements within common lots to be owned and maintained fry the
homeowners association.)
5. Graphically depict IO-fOOt-wide easements along the easterly boundaries of Lots 5. 9 and 12,
Block 7; Lot 10, Block 6; and approximately 35 feet south along the ea~terly botmrlary of Lot
5, Block 6. Graphically depict I O-faot-wide easements along the westerly boundary of Lot 29,
Block 5, .from the northeast comer of Lot 5, Block 5 to the southerly boundary of Lot 29, Block
5. and along the entire southerly boundary of Lot 29, Block 5. Graphically depict a to-toot-
wide easement along the northerly boundary of Lot 3. Block 5. These easements are necessary
to accommodate the pressurized irrigation line as shown on tp.e construction drawings.
6. Ten-lOot-wide easemenl<; are required along each side of all rear lot lines within the
subdivision. Designer i3 to show this by graphically depicting the additional easements or by
removing the 1 O~foor-wide rear easements shown on the plat and adding a note.
7. The existing home on Lot 4, Block 5, shan he hooked up to sewer and water and applicable
assessments paid. The existing well and septic system shall be abandoned.
R. Provide revised copies of Sheets 2 and 3 of the plat for review and approval.
9. The land::;l:ape pian submitted with the final plat will be reviewed for compliance with the
landscape ordinance prior to signature on the tinal plat. All landscape improvements shall be
complete prior to obtaining certificates of occupancy. A letler of credit or cash in the amount
of 110% will be required for all necessary improvements prior to signature on the plat.
10. Applicant or his represemative shall explain discrepancies between approved preliminary plat,
plat originally submitted with the final plat application, and plat submitted March 14,2001, at
the City Council hearing on April 3, 2001.
GENERAL COMMENTS:
1. Coordinate fire hydrant placement with the City of Meridian Public Works Department.
2. Assessment fees for water and sewer service are detennined during the building plan review
process.
3. Provide five-foot-wide sidewalks in accordance with City Ordinance (Ord. 12-5-2.K).
4. All construction shall conform to the requirements of the Americans with Disabilities Act,
including sidewalk and pathway slopes, etc.
5. Any existing irrigation/drainage ditches crossing the property to be included in this proj~t
shall he tiled per City Ordinance, except as provided for under site specific requirements. The
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Mayor and Council
March 29. 2001
Page 4
ditches to be piped should be shown on the site plans. Plans wiH need to be approved by the
appropriate irrigation/drainage district. with written confirmation of said approval submitted to
the Public Works Department.
6. Any existing domestic wells and/or septic sy::itt:ms. within. this project will have to be n:moved
from their domestic service per City Ordinance. Wells may be used for non-domestic purposes
such as landscape irrigation.
7. Subdivision designer to coordinate main sizing and routmg with the Public Works Department.
Sewer manholes are to be provided to keep the sewer Jines on the south and west sides of the
centerline.
8. Applicant will be responsible to construct the water mains to and through this proposed
development. Subdivision designer to coordinate main sizing and routing with the Public
Works Department. Water service to this development is contingent upon positive results &om
a hydraulic analysis by our computer model. Flow and pressure from the existing mains should
be monitored with the Meridian Water Department.
9. Two-hundrcd-fifty_ and IOO-watt, high-pressure sodium streetlights will be required at
locations designated by the Public Works Department. All stre~tlight5 shall be installed at
subdivider's expense. Typical locations are at street intersections and/or fire hydrants.
10. Underground year-round pressurized irrigation must be provided to all landscape areas em site.
Please submit hook-up and design details based on the proposed landscaping. Due 10 the size
of landscaped area. primary water supply connection to the City's mains will not be allowed.
Applicant sball be required to utilize any existing surface or well water for the primary source.
If City water is proposed as a secondary source, developer shall be responsible to pay water
assessments for the entire common open area.
11. Applicant has not indicated whether the pressurized irrigation system within this development
is to be owned and maintained by an association or the Nam'pa & Meridian Irrigation District.
If the system is being proposed as a private system, pla~ and specifications for the irrigation
system shall be reviewed by the Public Works Department as part of the development plan
review process. A draft copy of the pressurized irrigation system O&M manual must be
submitted prior to plan approval. The City of Meridian requires lhat pressurized irrigation
systemc; he supplied by a year-round source of water. If a creek or well source is not available,
a single-point connection to the culinary water system shall be required. If a single-point
cOlDlection is utilized. the developer shall be responsible for the payment of assessments for the
common areas prior to signature on the final plat by the Meridian City Engineer. IfCity water
is proposed as a secondary source, developer shall be responsible to pay water assessments for
the entire cottUnOn open area.
12. A letter of credit or cash surety will be required fur aU improvements prior (0 City signatW'e on
the Final Plat.
FP..o 1-002
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Mayor and Council
March 29. 2001
Page 5
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13. Sixwlootwhigh. permanent perimeter fencing shall be required along the east and west property
lines. Submit detailed fencing plans for review and approval with submittal of the Final Plat.
All required rencing is to be in place prior to applying for building permits.
14. The professional land slU'veyor shall stamp~ sign aJ;I.d date the face of the pIat.
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Re: Comments to the cities staff report dated
March 28, 2001 for Observation Point
REC~IVE1J
.1PR ~3 200"
CITY OF MERIDIAN
CITY CLERK OFFICE
To: Mayor & City Council
From: Mike Caven
Applicant for Observation Point
Dear Mayor and City Council,
Thank you for the opportunity to address the following staff comments. We have worked hard to
meet with staff, the ACHD, landscape architects, neighbors and our engineer to produce a development that
we all can be excited about. To create a special development like this it takes everyone's input and
cooperation. Due to the lower densities, which create larger lots, we have had to ask for several exceptions
to be able to develop such a project. You have granted us those exceptions to make it possible to continue
this project. In our discussions with the staffwe feel the following suggested options maintain the intent of
the staff and are acceptable by both the staff and the applicant.
SITE SPECIFIC COMrvlENTS:
1. Attached as Exhibit "An please fined a letta dated April 9, 2001 from Mr. Tom South. As
mentioned in the letter Mr. Siddaway has not suggested that the parcel to the southwest of the
Lateral be landscaped at this time. However, he has suggested that the irrigation easement should
be landscaped at the time the parcel to the southwest is developed. Therefore, we would request
the following change: Include the entire Kennedy laterals within two lots. The two lots one
beiag to the north of the centerline of the Kennedy Lateral as Lot 4 Block 2, to be developed
and maintained with the property to the northeast of the Lateral and one being south of the
centerline of the Kennedy Lateral as Lot 3 Block 2 to be developed and maintained at the
time the none build agreements with the City of Meridian and the ACHD have been
removed from the property. As a result of one common lot becoming two common lots the
plat shaD reflect the renumbering of the rest of tbe lots in block 2.
2. After the discussion with the City Council and hearing the concerns of the city attorney regarding
the possibility ofleaving this area as unplatted and creating a "illegal" lot we will withdraw this
from our comments from the previous hearing. We will comply with the staff's recommendation.
However, would offer a suggestion for consideration. Change only the second sentence to read:
This area will maintain a pnitary restriction until sucl1 time as, the city lifts the sanitary
restriction and sewer can be provided, or at the time the Black Cat Trunk is extended. This
would leav~~pen other potential options to the Black Cat Trunk.
3. At this time the City Clerk is detennining if the First Addendum to Development Agreement
attached hereto as Exlu"bit "D", was included in the approval of the rezone and annexation of the
subject parce1. If so, this should satisfy the landscape easement. lfnot we would propose the
following change to staff's comment. Add a 10 foot wide landscape easement along the
westerly Slots which are north oftbe Kennedy\Lateral and provide 20 two inch caliper (min.
height six feet) prior to the issuance of a occupanCy permit from the city when applied for on
each of these individual lot. If the trees are required prior to a building permit there would be no
sprinkler system available to water the trees and the builder woutdbe guessing as to the placement
that would best suit the homeowner. If required prior to the issuanCe of an occupancy pennit, the
home could be built., the sprinkler system installed and a homeowner could direct the location of
the trees to best suit their needs.
4. We will comply.
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7.
We will comply.
8.
We will comply.
9.
We have submitted a copy of the landscape plan done by South Landscape Architecture. Mr.
South has worked with Mr. Siddaway to develop the attached landscape plan (Exhibit B). Mr.
South has provided a letter as Exhibit "A". and we believe we have alleviated Mr. ~ S .. ~.{d&t.w,,'1
concerns regarding the future landscaping of the southwest side of the Kennedy Lateral as
suggested in item 1 above. We would offer the following change to the first sentence only: The
landscape plan submitted with the final plat is accepted.
10.
~~~e; to the approved prelimi~ary p~t and the final plat which has been submitted are as
1. The parcel of ground to the southwest of the Kennedy Lateral being platted versus
unplatted. This has been addressed in item 2 above.
2. The entire Kennedy Lateral easement as Common area. This has been addressed in
item I above.
3. The island at the intersection ofS. Andros Way and E. Lake Creek Street. Staffhas
brought this item to the councils attention in the APPLICA nON SUMMARY
paragraph 2 The ACHD has submitted a "choker" design attached here as (Exhibit
"C"). As mentioned in staff's comments the ACHD was not in favor of the island
however was in favor of the "choker" design and felt it produced the same effect.
4. The side lot lines on thenortfi side ofS. Forest Ridge Drive were slightly rotated to
the northwest to take more advantage of the views towards the mountains. No front
lot comers were changed only the rear lot comers moved.
. All the items under GENERAL COMMENTS will be complied with except the first sentence in item 6
which we believe should be changed as follows: Any existing domestic wells and/or septic systems
on lot 4 Block 5 will have to be removed from their domestic service per City Ordinance. However,
the home located on Lot 2 Block 2 shaD' retain in use its domestic well and septic system for domestic
parposes.
We appreciate the opportunity to bring this project to the City of Meridian and hope that these final
comments are acceptable to the City to allow us to proceed forward with this project.
.\;!J
\ Respectfully Submitted,
Michael Caven
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l.AN08CAPEJlA;CH.TECTURE, P.C.
April 9, 2001
t:X.~i b i + "All
Mayor & Members of the City Council
City of Meridia.n, Idaho
RE: OBSERVATIONPOlNT
Dear Mr. Mayor and Council Members:
I reviewed my notes of a telephone conversation witb Steve Siddaway, City of Meridian, and the
main issue of concern was the development of the land southwest of the canal. When this area is
developed, a 2U' buffer will be required, but no path and landscaping at this time. He also
mentioned a path is required at this time on the nonh side nfthe canal, in the detention area.
The landscape plans for1he'frontage along Victory Road were developed under the guidelines of
Meridian's new Landscape Ordinance and dated 11121/00. The revised plans dare 12113100 are
identical with the following exceptions. The pathway in the original plan was moved out of the
detention area and placed adjacent to the curb on E. Obserw.rion Drive. Also the trees were
moved out (tfthe detention area, however, me same number are shown.. All other landscaping
along Victory Road are rhe same.
I hope this clarifies the discrepancy in the plans.
. Sincerely,
~
Thomas L. South, ASLA
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hwa';f ';bi!Jtricl
31B East 37th Slree'
Garden City. Idaho 83714-6499
Phone (208) 387.6100
Fax (208) 387-6391
E-mail: tellus@a~I.1d.ada.id.us
Judy Peavey-Derr, President
Dave Bivens. Vice President
Marlyss Meyer. Secrelary
Sherry R. Huber. CommissIoner
Susan S. Eastlake, CommiSsioner
Steve Arnold
Briggs Engineering, Inc.
1800 W. Overland Road
Boise, Idaho 83705
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Marc.1i \ 2. lOn t
RIt:: Observlltion Point Subdivision I Ar-dros W.lY Intersection Plan
Tht! tWO proposill!i for the inlerseclion of Andrus Way and Lake Creek Slrc,\:t \.vere revlcwed for
confomluncc with District standards. The following revisions arc necessary fur the Oistrict to (leeept
the intersection uel:iign:
1. The orignial design of the intersection of Andros Way and Lake Creek Street did not meet
District standards as submitted. The proposed island narrows the travel lane to less than the
20-feet required for emergency service vehicles.
2. The proposed redesign with the bulb OUlS docs meet District slandal'ds wilh minor'revisions.
The mhl.imum back-ot:'curb mdius should be 20~feet. The pedestrian ramps should move lo
the corner.
rfyou have any questions you may contact me at 387-(,180,
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Ci~lry tlls;~lll1:lll
Plauning tmd nev~lopmcnt
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FIRST ADDENDUM TO DEVELOPMENT AGREEMENT
(CASE NO. AZ~OO.OlO)
The follovvlng i!-i an addendum to that certain Devdopm~nt Agreement. hel.1,I..'ccn lhe
City of Meridian and ViclOry 41, LtC, dated th~ _ d.IY of , 2001,
1ipecifically at section 5.2 W1dcr CONDITIONS GOVERNING DEVELOPMENT OF
SURJECT IJROPER'iy therein attached, which ~ccljon .'5.2 will have 13nw.I:\~e ch.mge
pc:.rtainiJtg to the landscape buffer (Ilong the west side of the development and rcOccLli
cnnditio"s which is subsequent to the entering into of the original development.
agreement..
Now, therefore. {()r mULUal consideration, !.he parties herew ug!'ee as follo\\'S:
1. That section 5.2 of the above <.lest"Iiued Development A~reement is modil1('.d
to read as follows;
.5.2 "The 20 iootlandscapc buffer along the west side of the development
may he provided in the form of cllandsc,ape east'Jllel1t, wh..~reby t.ll{~ IOl.li
bordering the west sidt: of the development may be lengthened by 20
fcc!., said 20 feet being the width of the landscape casement. Eat:h lot
owner will be responsibl~ for. maim.cnam:c of the landscape ea:5~rnent fUT
I heir particular lot, it bein~ the intent that said 20 foot lamis<.'.3pc
casement will provide sllft"kicm. buffer from the potent.ial and existing
uses of tlh"': adjacent gravel pit nuw located immediately west of the
development. The Developer/Owner shall also requir~ and include in
the covemll1tsr conditiolls and restlictioflti of the suhclivision, that eadl
such lot uwner shan be required to plant. nOt less than two (2) trcC'_'i with
a minimum of a 2 inch (2") (.'.aliper wit.hjn the landsc.lpe c:.aS("':TnelU.. Said
CC&R's shall also int<ml1 the owncrJ:i, and .potentia] pUr'chascrs of said
lots along the west boundary of the dcvdopmem, that.. I he devdopmem
imu\ediaidy to the w~st, may he incompatible with residential U5,.,S."
'J E.."{c~pt as modified ht':rdn, ~aid Oevelopxne,l\t. Agrceniem t't'llH\i!\s in full f'on.:e
and effec.t.
IT IS SO AGREED.
DATED AND SIGNED thi~ _ da.y of March, 200 I.
Hlt~T ~)l)cNl)l1M TO SECTION 5.2 TO
l.>EVHOPM EN']' AGREEMENT I CA.Cjc NO. A('AI(l.() to PAGE 1 Or: 3
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Interoffice
Memorandum
APR 1 2001
City of Meridian
City Clerk Office
To: William G. Berg, JI. ~l
From: Wm. F. NiChOlSf)/ft: IV
Subject: Wilkins Ranch Subdivision - Time Extension (TE-O 1-003)
Date: April 16, 2001
Will:
Please find enclosed the original of the Order Granting A One (1 ) Year Time
Extension For Filing The Preliminary Plat And Final Development Plan, in the above
matter. This Order is pursuant to the timely request of the applicant, Briggs
Engineering, Inc., and pursuant to the City Council's action at its April 3, 2001,
meeting.
Therefore, please present this Order to Mayor Corrie to obtain his signature.
Please forward copies to the applicant, Planning and Zoning, Public Works and the
City Attorney.
If you have any questions please advise.
z:\ W ork\M\Meridian\Meridian ] 5360M\ Wilki ns Ranch TEO J -003\Clk04] 60 I Mem.doc
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE APPLICATION
FOR THE PRELIMINARY PLAT AND
FINAL PLAT FOR WILKINS RANCH
SUBDIVISION, LOCATED AT THE NW
1/4 SECTION 3, T. 3N., R. lW., MERIDIAN,
IDAHO )
)
BY: BRIGGS ENGINEERING, INC. )
)
)
CJC 4-03-0 I
CASE NO. TE-OI-003
ORDER GRANTING A ONE
(1) YEAR TIME EXTENSION
FOR FILING THE
PRELIMINARY PLAT AND
FINAL PLAT
This matter coming on regularly before the City Council on the 3rd day of
April, 2001, upon the Applicant's time application for an extension within which to
submit the Preliminary Plat and Final Plat, due to signage and recordation of the final
appearing.
plat originally approved April 14, 2000, as provided in S 12-3-6 B, and good cause
IT IS HEREBY ORDERED AND THIS DOES ORDER THAT:
The above named Applicant is granted a one (1) year extended period of time
until April 14, 2002, of this Order within which to submit the Preliminary Plat and
Final Development Plan Plat for the above entitled subdivision application.
2001.
By action of the City Council at its regular meeting on the 3rd day of April,
Order Granting A One (1 ) Year Time Extension For Filing
The Preliminary Plat and Final Plat (TE-OI-003)
DATED this JP.fL day of ~
, 2001.
Copy served upon Applicant, Planning and Zoning Department, Public Works and
the City Attorney.
By:JI~~~9
City Clerk
Dated: Lf- J --tJ /
z:\ W ork\M\Meri d i an\Meridian ] 53 60M\ Wilki ns Ran ch TEOI.003\P PandFPTi me Extensi on- ] -003. doc
Order Granting A One (1 ) Year Time Extension For Filing
The Preliminary Plat and Final Plat (TE-O 1-003)
2
March 30, 2001
MERIDIAN CITY COUNCIL MEETING
APPLICANT B & A Engineers
AZ 01-002
April 3, 2001
ITEM NO.
11
REQUEST Annexation and Zoning of 11.764 acres from RT to R-40 and C-G for proposed
Locust Grove Place -- west side of Locust Grove Road and south of Fairview Avenue
AGENCY
See previous Item Packet
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRlCT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRlCT HEALTH:
NAMP A MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
COMMENTS
See attached recommendations
wJ--
rf
,,,~Jtolr/V ~
OJ-ro. flf rlrV
;;V~ ~/ I
Contacted:
Ings shall become properly of the City of Meridian.
Date: ~~?()
Phone: 3-t?-,- 3~R 1
March 3D, 2001
MERIDIAN CITY COUNCIL MEETING
APPLICANT Attorney Bill Nichols
Department Reports
April 3, 2001
-#2C
3-c Z- /'
ITEM NO.
REQUEST Release and Settlement Agreement
AGENCY COMMENTS
CITY CLERK: See attached
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLlCE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
yO if Jl./
LUfr
rJ ,Jo (p/
__ . ~.. -pJJdJ _ ~
~ (fIr p ~(}JJ
Contacted:
Date:
Phone:
Materials presented at public meetings shall become properly of the City of Meridian.
FILE No. 357 03/30 . 01 15: 28 1 D : WH lTE PETERSON
FAX: 2084664405
PAGE 2/ 5
RECEIVED
MAR 3 0 2001
CITY OF MERIDIAN
RELEASE AND SETILEMENT AGREEMENT
This Release and Setrlement ARreement is made and entered intO
effe<."tive Lhe 14th day of February 2001. by and berween the City of Meridian, a
munidpal cOrporat.ion duly orga.ni.zed purs.uanL to Idaho law, and loci-Led in Ada
C()unry, Idaho and Officers Gary Scheihing and Jeff Lavey, hereinafter .collectively
referred to as ''t.he Officers."
R E CrT A L S:
A. The Officers are employed hy the City o{ Meridian police
DepArtment 3.') K-9 police ofI1cer:s.
B. The OffICers helve made demand upon the City of Meridian for
compensatiun related to Lheir ()ff~dLlty care of the police dogs for which t.heyare
responsible.
c. The parties to this Release and Settlement ~>reernen~ have
reached a mutual agreement set.tling an claims between them in any manner relatin1{
to, or rising OUt of, the Officers' demand for compensation, and all wage claims
telat,ed to their employment with the City of Meridian .a.\ set forth herein.
NOW THEREFORE, in considerat.ion of the mutual agreements and
COVenants set forth herein. lhc: panies hereby agree as follows;
1. ConSideration. The sum of $5,500 shall he paid 1:0 each Officer
by (he City of Merirtian upon the execution of this Settlement Agreement. by ail of
t,he parties hereto, and the City of Meridian receiving final approval of this
Set.tJemem: Agreement: by Meridian City Council. In addiL1on, from the effective date
hereof forward, provided the Officers remahl employed by the City of Meridian as }(_
9 Officers, the City of Meridian will pay the Officers for an additional fon.y-five
minUtes per day) at their (..'Urrent regular hourly rate, seven days a week to
compensate the Officers for off-duty 1'.ime spent handling {,heir police dogs ("'K~9
Pay"). 'l"'he Current hourly rate for Offic~r Scheihing is $19.94 and for Officer Lavey
is $2 1.87. This K-9 Pay shall remain the same: even if the Officers receive oilier pay
increases. and shall n()t be used in calculating the Officers overtime wages. Funher,
R.J:.:U;!AS E OF CLAIMS AN IJ
S!:rrn.EMENT AOREEMEH'iT - ]
t- 1 U: No. 357 03/30 ' 01 15: 28 I D : WH lTE PETERSON
FAX: 2084664405
PAGE 3/ 5
from the effeaive date hereof. the officers ~hall no longer receIve "specialty pay" in
Lhe amount of ninety.five cents per hour ~s K-9 Oftkors. The Officers acknowledge
and agree that. regardless of the Lime spem. with their police dogs off-duty. the K-9
Pay is acceptabJe to the Officers for any and all off~d\Jty time spent. With their police
dogs. and so long as the Officer is receiving said K-9 p}lY he .agr~es r.o refrain from
bringing any Fair Labor Standards Act or other wage claim against the City. as
defined below. for off-duly Lime spent caring for each Officer's police dog.
2. Release of Claims. The Officers do hereby fully and irrevocably
release. acquit and forever disc:ha:rge the City, the City of Meridian Police
Deparr.ment, and an the City's agent.q, employees, administrator's and successors
(the "City") from any and alJ past. present or future daims) demands. debts.
Contracts. d.am.ages. aCtions or caLlS~ of aCtion, suit~ or cau...~C5 of suit of any kind and
natur~ wha.tsocver, whether known or unkn()wn, vested or contingent. suspected Or
unsuspected. and in whar.ever 1~ga1 theory or fOffil, which the Officers now h.ave Or
cl~ims to have. or had at. any time herer.ofore or claim to have had, or which may
hereafter a.ccrue, against the City, arising from. by reason of. or in connection With.
and whether direcdy or indirectly, the transactions, a.greements. issues or claims in
any way related to t.he Oty's compensaT.ion of the Officers for off~dlity K-9 activities,
or from daims under the Fair Labor Standards Act or other wage related laws under
which an aCtion (()( ovenime wages could be brought lor off~dUty K-9 pay.
6. Successors. This relea~e and Settlement At~eem.ent shall be
binding upon and inure to the benefit of the panics hereto and respective successors
and assigns, and, if applicable, upon and t.O each panies> respective panners,
associates, shareholders, direC[fiTS. employees and their heirs. eXeOltors.1
administrators. perscmaI repn::sematives. successors and assigns.
7. No AdmissJon. Neither this Release and Settlement AgreemenT.
nor the negotiation. ext:curion or perfom\ance hereof, shall be deemed to constit\ue
any admission. directly or indirectly, by any parry of the truth of, or any liability or
responsibilit.y on aCcount of, or with respect to. any matters referred to in this
Agreement. but is fur the sole: and exclu~ivc: purpose of compromising and ~ettling
displ.:ted and doubtful claims, and each parr~ eXpressly denies any and:lll U.ability on
a~cow\t of any of the claims, alleg-.ltions or causes of action of any pany ag<sinst the
other, whelher or not the same are referred to ur ~:nuld have been referred 1.() in any
pleading filed or whIch might have been filed in the lawsuit.
B. Voluntary Agreement, The parties hereto acknowledge, declare
RELEASB OF CLAIl\f1S AND
SETTLEMENT AGREEMB:W-T - 2
:' II I
FILE No. 35'1 03/30 '01 15: 29 ID : WH ITE PETERSON
FAX: 2084664405
PAGE 4/ 5
and agree then: the lerms of this Agreement have been read by the~. reviewed wit:h
legal counsel, a.nd ~e fully underst.ood and V()Iuntarily accepted fQr the puq>ose of
making a full, final and complete compromise, release and settlem.ent as sel fonh
herei n.
10. No Representations. The City of MeridiaJ) has no intention of
discoolinuing the Pollce Dcpanmer\t K.9 prow-am, but, as is the case with aU City
programs) cannot. guarantee the program ind'efinitely. Accordingly. nothing 'herein
should be construed as a guardmee that the Cii.y or Police Depanment has any
obligation t() continue or maintain any K-9 program.
I L Legal ACtion. If any leg-J.l actiun, or any arbitration or other
proceed.ing is brought for th.e enforcement. of this Aweement, or because of an alleged
disput.e. breach, default or misrepresentation in connecLion with any of the provisions
of this Agreement., the succeSl>ful or prevailing party or panie.~ shall be entitled to
recover reasonable attorneys fees and other COSts incurred in the action or proceeding,
in addition to any other .rclief to which they n,ay be entitled.
12. Miscellaneous. This Agreement shall be lmerpreted, a.pplied and
enforced in accordance with Idaho law. Each party to this Agreement shall be
responsible to bear his/its own attorneys fees and coStS in negotiating and achievin~
seulc:ment in this matter.
J 3. Counterparts. This Agreement may be executed in twO
counterparts, each of which shall be an original. but all of which shall be deemed the
same, document. Facsimile signatures shall be accepted as suffident and binding.
RELEASe Of' CLAIMS AND
SETfLEMENT AGREBMl:NT - 3
r lLt No .jt>l 03/j() '01 15 :29 ID :WHITE PETERSON
FAX: 2084664405
PAGE 5/ 5
IN WITNESS WHEREOF thIs Release and Settlement Agreemenl has
been executed eff~ctive as ()( the date first. above wrincll.
CI1Y Of MERIDIAN
ATtEST:
Mayor
Clerk
,y/(:;\W!lft\M\McridiiUl'Mcridian 153 6OM\J>oUce I>OP\~CllIQ1lt;llL I.Wlld
RELEASE OF CLAIMS ANp
SE1TLEMeNT AG~M~~T - 4
MAR 30 '01 15:40
t-lLt No.jbl O::V30 '01 15:28 ID:WHlTE PETERSON
FAX: 2084664405
PAGE 1/ 5
WHITE PETERSON
WroTE. PElERSON. MORROW. GIGRAY. ROSSMAN. NYE & ROSSMAN~ P.A.
KEVThI.DlNIUs
JULre KLem FlSClll'lt
\\I'M. F. GIGltAY.lir
Bk&1T J. JOEINSON
D. S.v.<<n;L 10HrlSON
\\rn.J..W.! A. MOAAQW
LARRYD. MOOR.E
Wlu.rAM F. NrCHDU.
C!Q.:JSTOPHElt S. ~YE
Pt(lUP .\. 1"Im1\SON
EAlC S, RoSSMAN
TOOl> iI. RoSSloIAN
D"VlDM. SWMTI.~
TWalcl;It. Wlimi..
NlCllOLASL WOUEN
ATTORNEYS AT LAw
MERIDIAN OFfICE
200 CAST CtUll TON AVWlJE
SUITE 31
POST OWICl'Bo;.: 1150
lI4ERIDrAN, IDAHO S36So.1lS0
TEI.. (208) 2&S-24%'
FAX (208) 2SS-2S01
5700 E. Fll..'INIa.IN RD., Sl.IIT:E 200
NAMP..l, IDAlia 83687.8402
. Also lldmirr",j in OR
.. Also Il4AUned in W...
TEL (208) 46J5..9272
r AX(::!C8) 4S644OS' E-Mm._:@whircpel<:=n.cotlJ.
PlE...sE REPt. Y TO
NM1P1I. Of'flCE
!v1arch 16. 2001
To:
Fax No.
From:
Phone:
FACSIMILE TRANSMISSION
Yr., ~ 1 r-.J Sk..~..~q ~
~~Y-<idl K
~
208-466-9272
You should receive ~ pages of copy including this cover sheet. If you do not receive
all pages, please call """"Qr\. '\ back as soon as possible. Our telephone number is
(208) 466-9272. Thank. you.
This facsimile transmission (and/or the documents accompanying it) may contain
confidential information belonging to the sender which is protected by the AITORNEY-
CLIENT PRlVILEGE. This infonnation is intended only for the use of the individual
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March 30, 2001
MERIDIAN CITY COUNCIL MEETING
APPLICANT Larson Architects
CUP 01-002
April 3, 2001
~/;/
ITEM NO.
1&
REQUEST Conditional Use Permit for a commercial planned unit development and floodway
approval in proposed C-C and C-G zones for proposed Silverstone Corporate Center --
southeast corner of Overland Road and Eagle Road
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
Contacted: r ~(f\C\ l C\r~rY\
COMMENTS
See previous Item Packet
'r 'c(t
Jlji
~
f-o rf .-{'JJvJG
uuF1 fv~ (Ar
Date: b J ?-[J
Phone: ~\ \ 0 - U\ (') \ oc:,
Materials presented at public meetings shall become property of the City of Meridian.
g,r/ (felt Sl"Q fLL
WHITE PETERSON
WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A.
KEVIN Eo DlNJUS
JULlEKLElN F1SCHE>.
WM. F. GlGRAY, III
BRENT J. JOHNSON
~~~~~:SON
Wn.L1AM A MOllROW
WILLIAM F, NICHOLS*
* Also admitted in OR
** Also admitted in W A
CllRlSTOPIIER S. NYE
PHILIP Al'ETERsoN
ERIc S, ROSSMAN
TODD A ROSSMAN
DAVID M. SWARTLEY
=~{\~~~*$
ATTORNEYS AT LAw
200 EAST CARLTON AVE., SUITE 31
POST OFFICE Boxl150
MERIDIAN, IDAHO 83680-1150
NAMPA OFFICE
5700 Eo FRANKLIN RD., STE. 200
NAMPA, IDAHO 83687.8402
TEL. (208)466-9272
FAX (208) 4664405
TEl.. (208) 288.2499
FAX (208) 288*2501 E-MAn..:@WPPMG.COM
RECEi~ED
MAR
C\TY OF MERID\AN
C\TY CLERK OFFICE
March 13,2001
To: Staff
Applicant
Atfected Property Owner( s)
Re: Application Case No.
CUPMO I M002
FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING
COMMISSION
Staff, Applicant and/or Mfected Property Owner(s):
Zoning Commfs~r~~esl~lib~~~s~t~d ~~nj~~~i~n~o~~~~i:~tl~~~~bll~ h:a~~gP;~ilii~~b~~~
referenced matter by the Planning and Zoning Administrator. Due to the volume of matters
which the City Council must decide, and to insure your position is understood and clear, it is
important to have a consistent format by which matters are presented at. tlle public hearings
before the City Council.
The City Council strongly recommends:
1. That you take time to carefully review tlle Findings and
Recommendations of the Planning and Zoning Commission, and be
erepared to state your position on this application by addressing the
Findings and Recommendations of tlle Plaru"ling and Zoning Commission;
and
That you carefu~ complete (be sure it is le~le) the Position
~rt~:~i:~~ an~tr:~~~e~~t~~sTh: Po~~ti~~S~~:~~:~
form for this application is available at the City Clerk's office.
It is recommended that you prepare a Position Statement and deliver it to the
City Clerk prior to the hearing, if possible. If iliat is not possible, please present your Position
Statement to the City Council at the hearing, along with eight (8) copies. The copies will be
Qresented to the Mayor, Council, Planning and Zoning Administrator, Public Works and the
City Attorney. . If you are a part of a group, it is strongly recommended that one Position
Statement be filled out for the group, wIiich can be signed by the representative for the group.
2.
Very tru.~y Y"6
Q;JI~ . --.
City Attorney's . fice
lyl
BEFORE THE PLANNING AND ZONING COMMISSION
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR A PLANNED
COMMERCIAL CENTER,
SILVERSTONE CORPORATE
CENTER
Case No. 01-002
RECOMMENDATION TO CITY
COUNCIL
SUNDANCE INVESTMENTS
LIMITED PARTNERSHIP,
Applicant
I. The property is located at the southeast comer of Overland Road and
Eagle Road, Meridian, Idaho.
2. The owner of record of the subject property is Sundance Investments
Limited Partnership of Meridian, Idaho.
3. Applicant is owner of record.
4. The subject property is currently zoned R-I. However, there is an
application before the City Council for annexation and zoning to C-C and C-G. The
zoning districts of C-C and C-G are defined within the City of Meridian Zoning and
Development Ordinance, Section 11-7 -2.
5. The proposed application requests a conditional use permit for a
planned commercial development. The C-C and C-G zoning designations within the
RECOMMENDATION TO CITY COUNCIL - 1
CONDITIONAL USE PERMIT - SUNDANCE INVESTMENTS LIMITED
PARTNERSHIP - SILVERSTONE CORPORATE CENTER PLANNED
COMMERCIAL DEVELOPMENT
City of Meridian Zoning and Development Ordinance require a conditional use
permit be obtained for most uses including those requested by the Applicant.
(Meridian City Zoning and Development Ordinance, Section 11-8-1).
6. The Meridian Planning and Zoning Commission recognizes that the
proposed application is in compliance with the Meridian Comprehensive Plan.
7. The use proposed within the subject application will in fact, constitute a
conditional use as determined by City Policy.
RECOMMENDATION
1. The Meridian Planning and Zoning Commission hereby recommends to
the City Council of the City of Meridian that they approve the conditional use
permit as requested by the applicant, subject to the following:
Adopt the Recommendations of the Planning and Zoning staff and Engineering
staff as follows:
1. This Conditional Use Permit is for the overall concept and mixture of
uses. Significant changes to the plan as proposed will require
modification of the CUP. Slight modifications that comply with the
overall development plan approval will not require future public
hearings.
2. Planned Development Regulations: As a mixed/planned use
development, the Silverstone Corporate Center must comply with the
following sections of the subdivision ordinance: 12-6-4 Procedures for
Planned Developments, 12-6~6 General Regulations for Planned
Development, and 12-6-7 General Standards for Planned Developments.
RECOMMENDATION TO CITY COUNCIL - 2
CONDITIONAL USE PERMIT - SUNDANCE INVESTMENTS LIMITED
PARTNERSHIP - SILVERSTONE CORPORATE CENTER PLANNED
COMMERCIAL DEVELOPMENT
All commercial and office uses must comply with 12-6-8-B, Design
Standards for Planned DevelopmentMCommerciaL The Planning and
Zoning Commission further recommends that a conditional use
permit be required if the applicant proposes a bar.
3. Site Plan: The copy of the single-story building master plan submitted
with the application does not appear to be to an accurate scale.
Detailed review of the site plan is not possible; only the concept is being
reviewed. Detailed sit.e plans that meet all parking lot dimensional and
landscaping standards per City Ordinance will need to be reviewed and
approved during the building permit process.
4. Open Space: All Planned Developments (PD) are required to have at
least 10% of the gross land area of the PD as common open space per
City Ordinance Section 12-6-7-E-S. The total common open space
calculation for Silverstone Corporate Center is not shown. Applicant
shall provide calculations showing how this minimum criteria is met.
The City's well lot will not be considered for inclusion in this
requirement if reimbursement is sought for the value of the property.
S. Parldng Lot Landscaping: Landscape islands serving a single row of
parldng shall have one tree. Islands serving a double row of parldng
shall have two trees. A planting island shall be provided to break. up the
asphalt every 12 continuous stalls. The site plan submitted does not
meet. this requirement. The detailed landscape plan for t.he Silverstone
Point building is at a scale and meets or exceeds all landscaping
requirements. All site plans will be reviewed at the building permit stage
to ensure compliance with the Meridian Landscape Ordinance. Staff
review of the overall site plan is general only, and specific review will
occur upon application for building permits.
6. Streets and Circulation: The proposed project is designed as a stand-
alone development with no provision for access to other properties.
7. Signage: Although signage locations are noted on the plan, no details of
proposed signage were included. Applicant will be responsible for
proposing a sign program for the entire development as part of the
RECOMMENDATION TO CITY COUNCIL - 3
CONDITIONAL USE PERMIT - SUNDANCE INVESTMENTS LIMITED
PARTNERSHIP - SILVERSTONE CORPORATE CENTER PLANNED
COMMERCIAL DEVELOPMENT
conditional use process.
8. Trash Enclosures: Very few trash enclosures are shown on the
Conceptual Site Plan. Applicant shall coordinate locations and
construction requirements of the required trash enclosures with
Meridian Sanitary Service, Inc., and provide a letter of approval from
their office when applying for a Certificate of Zoning Compliance.
9. Alternative Transportation Options: At build-out, this site will serve as a
plincipal center of employment for the east Meridian/west Boise area.
While Boise Urban Stages does not currently service Overland Road, it
has the potential to be a likely destination point for mass transit in the
future. The Planning and Zoning Commission strongly recommends an
area be designated and/or preserved on the Concept Plan for a future
bus stop. We also recommend the inclusion of bicycle racl'-S at all office
and retail buildings.
10. All conditions placed on this application shall run with the land and
shall not lapse or be waived as the result of any change in tenancy or
ownership of any or all of the lands governtd by this CUP application.
All such conditions shall be deemed the requirements for the issuance of
a Certificate of Occupancy for any use or structure as per City
Ordinance.
11. Mter review by the Ada County Highway District, applicant shall
follow ACHD requirements.
Adopt the Recommendations of the Central District Health Department as
follows:
12. The Applicant's central sewage p.nd central water plans must be
submitted to and approved by d~ Idaho Department of Health &
Welfare, Division of Environmell.tal Quality.
13. Run-off is not to create a mosquito breeding problem.
RECOMMENDATION TO CITY COUNCIL - 4
CONDITIONAL USE PERMIT - SUNDANCE INVESTMENTS LIMITED
PARTNERSHIP - SILVERSTONE CORPORATE CENTER PLANNED
COMMERCIAL DEVELOPMENT
14. Stormwater shall be pretreated through a grassy swale prior to discharge
to the subsurface to prevent impact to groundwater and surface water
quality.
15. The Engineers and architects involved with the design of the subject
project shall obtain CUlTent best management practices for stormwater
disposal and design a stormwater management system that prevents
groundwater and surface water degradation.
Adopt the Recommendations of the Meridian Fire Department as follows:
16. All codes relating to fire hydrants and fire sprinkler systems shall be met.
eylZ:\W ork\M\Meriwan\Meridian 15360M\RecOlxunendations\CUP002SilveTStone.wpd
RECOMMENDATION TO CITY COUNCIL - 5
CONDITIONAL USE PERMIT - SUNDANCE INVESTMENTS LIMITED
PARTNERSHIP - SILVERSTONE CORPORATE CENTER PLANNED
COMMERCIAL DEVELOPMENT