HomeMy WebLinkAbout2001 10-02
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, October 2,2001, at 6:30 p.m.
City Council Chambers
1. Roll-call Attendance:
~ Tammy de Weerd -L Ron Anderson
o Cherie McCandless X Keith Bird
- -L Mayor Robert Corrie
Swear in new Police Chief - Richard M. Worley
2. Adoption of the Agenda:
3. Consent Agenda:
A. Approve minutes of September 4, 2001 City Council Regular
Meeting: Approve
B. Approve minutes of September 18, 2001 City Council Regular
Meeting: Approve
5-C. Tabled from September 18, 2001: Findings of Facts and
Conclusions of Law for Approval: AZ 01-003 Request for
annexation and zoning of 371.42 acres from RUT to R-4 and C-G
zones for a planned development consisting of residential, office
and commercial uses for proposed Bridgetower Crossing
Subdivision by Primeland Development Company - 2420 Ustick
Road: Approve as amended
5-D. Tabled from September 18, 2001: Findings of Facts and
Conclusions of Law for Approval: PP 01-005 Request for
Preliminary Plat approval of 336 building lots and 58 other lots on
175.91 acres in proposed R-4 and C-G zones for proposed
Bridgetower Crossing Subdivision by Primeland Development
Company - 2420 Ustick Road: Approve as amended
5-E. Tabled from September 18, 2001: Findings of Facts and
Conclusions of Law for Approval: CUP 01-006 Request for a
Conditional Use Permit for 692 single-family lots, 59 townhomes,
Meridian City Council Agenda - October 2, 2001
Page 1 01'4
All materials presented at public meetings shall become property of the CiLy 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.
17 office lots and 10 commercial lots on 370.55 acres in proposed
R-4 and C-G zones for proposed Bridgetower Crossing
Subdivision by Primeland Development Company - north of
Ustick and east of Ten Mile Roads: Approve as amended
5-F. Tabled from September 18, 2001: Findings of Facts and
Conclusions of Law of Approval: AZ. 01-008 Request for
annexation and zoning of 12.71 acres from R1 and RUT to C-G and
R-40 zones for proposed Baltic Place Subdivision by L C.
Development, Inc. - Franklin Road west of Locust Grove Road:
Approve
5-G. Tabled from September 18, 2001: Findings of Facts and
Conclusions of Law for Approval: PP 01-009 Request for
Preliminary Plat approval of 10 building lots and 3 other lots on
12.71 acres in proposed C-G and R-40 zones for proposed Baltic
Place Subdivision by LC. Development, Inc. - Franklin Road
west of Locust Grove Road: Approve
5-H. Tabled from September 18, 2001: Findings of Facts and
Conclusions of law for Approval: CUP 01-015 Request for a
Conditional Use Permit for a Planned Unit Development for mixed
use Residential/Commercial in proposed C-G and R-40 zones for
proposed Baltic Place Subdivision by LC. Development, Inc. -
Franklin Road west of Locust Grove Road: Attorney to prepare
new Findings and Facts and Conclusions of Law for Approval
5-1. Tabled from September 18, 2001: Order Granting Appeal: AP
01-00 Stop Work Order at 2340 West Franklin Road by Walt
Morrow: Table until November 7, 2001 Meeting
5-J. Findings of Facts and Conclusions of law for Approval: AZ.
01-011 Request for annexation and zoning of 9.79 acres from RUT
to C-G zones for Franklin Mini Storage by Ron Osborne - 1975
East Franklin Road: Table until October 16,2001 Meeting
5 -K. Findings of Facts and Conclusions of Law for Approval: CUP
01-024 Request for a Conditional Use Permit for the construction
of a storage unit on 9.79 acres with one office/commercial pad for
Franklin Mini Storage by Ron Osborne - 1975 East Franklin
Road: Table until October 16,2001 Meeting
L. Approve Bills: Approve
Meridian City Council Agenda - October 2, 2001
Page 2 of4
All materials presented at public meetings shall become property ofthe City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings
please contact the City Clerk's Office at 8884433 at least 48 hours prior to the public meeting.
M. Appointment of Parks and Recreation Commission Mayor
Corrie, Jim Keller, Sherrie Baker, and Paul Newcomb for 3 year
terms: Approve
4. Department Reports
A. Public Work's Department - Gary Smith: Brad Watson
1. Five Mile Sewer Trunk Latecomer Agreements: Working on
- Table until October 16, 2001 Meeting
2. White Drain Trunk Sewer Easements: Howell-Murdoch -
Approve, Bayless - Approve, Young Lands - Approve
3. South Slough Sewer Easements: Dauven - Approve
5. (Items Moved from Consent Agenda)
6. Tabled from September 18, 2001: FP 01-015 Request for Final Plat
approval of 23 building lots and 5 other lots on 8.15 acres in an R-4 zone
for Staten Park Subdivision by D'Alessio Building Development - south
of West Ustick Road and North Black Cat Road: Table until November 7,
2001
7. Continued Public Hearing from September 4, 2001: AZ 01-010
Request for annexation and zoning from R1 to C-G zones for Podiatry
Building by Smith Brighton, LLC - 1065 East Fairview Avenue: Attorney
to prepare Findings of Facts and Conclusions of Law
8. Public Hearing: PFP 01-004 Request for Preliminary/Final Plat approval
of 3 building lots on 2.85 acres in an L-O zone for proposed Treasure
View Subdivision by Pinnacle Engineers, Inc. - 3500 East Magic View
Drive (southeast of East Magic View Drive and South Allen Street):
Attorney to Prepare Findings of Facts and Conclusions of Law
9. Public Hearing: PFP 01-003 Request for Preliminary/Final Plat approval
of 2 building lots on 4.04 acres in an I-L zone for proposed Heartwood
Subdivision by Pinnacle Engineers, Inc. - northwest corner of West
Franklin Road and North 10th Street: Attorney to Prepare Findings of
Facts and Conclusions of Law
10. Public Hearing: CUP 01-026 Request for a Conditional Use Permit for
the addition of a Drive-up window and Drive-Thru lane in a C-G zone for
Moxie Java by Avest Limited Partnership c/o Dakota Company - North
Locust Grove Road and East Loop Lane: Continue to October 16, 2001
Meeting
Meridian City Council Agenda - October 2, 2001
Page 3 of4
All materials presented at public meetings shall become property ofthe 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.
11. Public Hearing: AZ 01-013 Request for annexation and zoning of 4.24
acres from M-1 to I-L zones for Coors Distributing by Coors Distributing
Co. - 3225 Commercial Court: Attorney to Prepare Findings of Facts
and Conclusions of law
12. FP 01~016 Request for Final Plat approval of 115 building lots and 18
other lots on 28.58 acres in an R-8 zone for Macaile Meadows
Subdivision by Hillview Land Development, LLC - south of East Fairview
Avenue and west of North Cloverdale Road: Approve with Staff
Comments
13. TE 01-008 Request for a One-year Time Extension on the Preliminary
and Final Plat originally approved on October 3, 2000 for Resolution
Subdivision No. 2 by G. L. Voigt Development - Overland and Locust
Grove Roads: Approve
14. Resolution No. 01-370
policy manual for holidays: Approve
Amending personnel
15. Discussion of Ada County Application Powder River Project and the
definition "Municipal": Memo from BiI Nichols to Ada County
Commission by 5:00 P.M. Wednesday October 3,2001
16. Mill levy Election - discussion to promote:
Meridian City Council Agenda - October 2, 2001
Page 4 of4
All materials presented at public meetings shall become property of the City of Meridian.
Anyonc desiring accommodation for disabilities related to documents and/or hearings
please contact the City Cletk's Offiee at 888-4433 at least 48 hours prior to the puhlic meeting.
Meridian City Council Meetina
October 2 2001
The regularly scheduled meeting of the Meridian City Council was called to order at
6:45 P.M. by Mayor Robert D. Corrie.
Members Present: Mayor Robert Corrie, Tammy de Weerd, Ron Anderson, and Keith
Bird.
Members Absent: Cherie McCandless,
Others Present: Shari Stlles, Gary Smith, Brad Watson, Ken Bowers, Stacy
Kilchenmann, and Will Berg.
Corrie: Okay. Now I apologize to the people in the audience tonight. We had an
executive session and it ran over more than we anticipated, but I thank you for your
patience and we will now open the City Council regular meeting, Tuesday, October 2,
2001, at the 6:45 P.M. We will have roll call attendance, please, Mr. Berg.
Item 1.
Roll-call Attendance:
-----X- Tammy de Weerd ~ Ron Anderson
~ Cherie McCandless ~ Keith Bird
~ Mayor Robert Corrie
Swear in new Police Chief - Richard M. Worley
Corrie: Okay. Now I would -- the first item on the agenda is the swearing in of our new
police chief officially and I would ask if Mike Worley would come up and we will swear
him in officially. As you may know, we have a new police chief; he's been on for about
two weeks now, but we want to do this officially. I did it earlier in his office, but we'd like
to put it on the record the swearing in tonight. So, Mike, if you would raise your right
hand.
(Police Chief Richard M. Worley sworn in.)
Corrie: Okay. Also I'd like to welcome the Troop 126 Boy Scouts tonight. I had a
chance to meet them earlier and they are a great bunch of fellows and they are working
on their Eagle and all their badges and so welcome, fellows, and Scout leaders and Dr.
Fenton, nice to see you again. We have two government -- three government students
in the back. If you'd like to stand up. From Meridian High School or junior high or -- high
school. Congratulations. Thanks for attending tonight.
Item 2.
Adoption of the Agenda:
Item 3.
Consent Agenda:
Meridian City COllncil Meeting
October 2, 200 I
Page 2
A. Approve minutes of September 4, 2001 City Council
Regular Meeting:
B. Approve minutes of September 18, 2001 City Council
Regular Meeting:
C. Tabled from September 18,2001: Findings of Facts and
Conclusions of Law for Approval: AZ 01-003 Request
for annexation and zoning of 371.42 acres from RUT to R-4
and C-G zones for a planned development consisting of
residential, office and commercial uses for proposed
Bridgetower Crossing Subdivision by Primeland
Development Company - 2420 Ustick Road:
D. Tabled from September 18, 2001: Findings of Facts and
Conclusions of Law for Approval: PP 01-005 Request
for Preliminary Plat approval of 336 building lots and 58
other lots on 175.91 acres in proposed R-4 and C-G zones
for proposed Bridgetower Crossing Subdivision by
Primeland Development Company - 2420 Ustick Road:
E. Tabled from September 18, 2001: Findings of Facts and
Conclusions of Law for Approval: CUP 01-006 Request
for a Conditional Use Permit for 692 single-family lots, 59
townhomes, 17 office lots and 10 commercial lots on 370.55
acres in proposed R-4 and C-G zones for proposed
Bridgetower Crossing Subdivision by Primeland
Development Company - north of Ustick and east of Ten
Mile Roads:
F. Tabled from September 18,2001: Findings of Facts and
Conclusions of Law of Approval: AZ 01-008 Request for
annexation and zoning of 12.71 acres from R1 and RUT to
C-G and R-40 zones for proposed Baltic Place Subdivision
by L.C. Development, Inc. - Franklin Road west of Locust
Grove Road:
G. Tabled from September 18, 2001: Findings of Facts and
Conclusions of Law for Approval: PP 01-009 Request
for Preliminary Plat approval of 10 building lots and 3 other
lots on 12.71 acres in proposed C-G and R-40 zones for
proposed Baltic Place Subdivision by L.C. Development,
Inc. - Franklin Road west of Locust Grove Road:
H. Tabled from September 18,2001: Findings of Facts and
Conclusions of Law for Approval: CUP 01-015 Request
Meridian City Council Meeting
October 2,200]
Page 3
for a Conditional Use Permit for a Planned Unit Development
for mixed use Residential/Commercial in proposed C-G and
R-40 zones for proposed Baltic Place Subdivision by L.C.
Development, Inc. - Franklin Road west of Locust Grove
Road:
Tabled from September 18, 2001: Order Granting
Appeal: AP 01-00 Stop Work Order at 2340 West Franklin
Road by Walt Morrow:
J. Findings of Facts and Conclusions of Law for Approval:
AZ 01-011 Request for annexation and zoning of 9.79 acres
from RUT to C-G zones for Franklin Mini Storage by Ron
Osborne - 1975 East Franklin Road:
K. Findings of Facts and Conclusions of Law for Approval:
CUP 01-024 Request for a Conditional Use Permit for the
construction of a storage unit on 9.79 acres with one
office/commercial pad for Franklin Mini Storage by Ron
Osborne - 1975 East Franklin Road:
L. Approve Bills:
M. Appointment of Parks and Recreation Commission
Mayor Corrie, Jim Keller, Sherrie Baker, and Paul
Newcomb for 3 year terms:
Corrie: Council, we have Item No.2, the adoption of the agenda. I would like to add to
this agenda that I will be giving you the three names for the addition to the Parks and
Rec nomination to the City Council tonight on the first part of the agenda. If you want to
put that on the consent agenda I can. We will introduce Paul Newcomb, he's the new
one here tonight. Is there any other additions or corrections that --
De Weerd: Mr. Mayor.
Corrie: Mrs. de Weerd.
De Weerd: If we could add that on before the department reports, that way we can
introduce Mr. Newcomb and we can vote on it. We also need to pull a couple of agenda
items off the consent agenda, Items F, G, and H. Oops. Sorry about that. Not those, but
C, D, and E, on Bridgetower, and also I, and move them into Item 5, C, D, E, and I.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Mcridian City COllncil Mccting
Octobcr 2,2001
Page 4
Bird: I believe that we also probably need to pull F, G, and H. I believe, if I remember
right, they were getting -- we were getting an answer back on those regarding what they
were -- the applicant was going to do.
Corrie: Okay. Council, so you want to move F, G, and H to five --
Bird: Pull 5F, 5G, and 5H.
De Weerd: And just an additional note would be Item NO.1 0 on Moxie Java was asked
to move to October 16th.
Corrie: We will table that. Thank you.
De Weerd: That's just for anyone who might be here for that.
Corrie: Anyone else? And also Briggs Engineering would like for us to also pull J and K
at this point in discussion and they are asking for two weeks --
Bird: They wanted to move it to table it or --
Corrie: To table it for two weeks, so that would make it --
De Weerd: 16th.
Bird: 16th.
Corrie: 16th. We will have that as being pulled and then we will just work with that.
Bird: Mr. Mayor.
Corrie: Excuse me. Mr. Bird.
Bird: I'd move that we adopt the agenda that has been noted and also in the same
approve the consent agendas with the five -- with C, 0, and E being moved to 5C, 50,
and 5E. F, G, and H being moved to 5F, 5G, 5H. And I being moved to 51. And items J
and K being tabled to October 16, 2001. With that I'd make a motion we approve it.
Corrie: Okay.
De Weerd: Second.
Corrie: Motion is made and seconded to approve the -- adopt the agenda as changed
and also per the consent agenda, Item A and Item B, and table J and K until October
16th. And L? No. Yes. And approve L. Right. Okay. We'll get that approved. Any further
discussion? Hearing none, all those in favor of the motion say aye.
Meridian City Council Meeting
October 2, 200 I
Page 5
MOTION CARRIED: THREE AYES, ONE ABSENT.
Item 4.
Department Reports
A. Public Work's Department - Gary Smith: Brad Watson
Corrie: All right. Let's see. We need department reports. Gary Smith. Or Brad?
De Weerd: If you want to do the parks commission first?
Corrie: Okay. Do you want to -- is that where you want to put it?
De Weerd : Yes.
Corrie: Okay. After approval of this. Okay. Council, I have given the request to the City
Council to approve of three positions on the Parks and Rec Department. Jim Keller and
Sheri Baker as requested that they could stay one more term. They are on the board at
this time. Then a new gentleman by the name of Paul Newcomb and that would be the
recommendation that I have for Council.
De Weerd: Mr. Mayor.
Corrie: Mrs. de Weerd.
De Weerd: I understand that the parks commission was going to meet on this last
week. Did they meet and this is --
Corrie: That is their recommendation. Yes.
De Weerd: Well, I would move to approve the appointment that you met, as long as Mr.
Newcomb really knows what he's getting himself into. He has been in front of the
Commission on a number of occasions, so he probably does.
Corrie: We had a nice meeting this afternoon as well.
De Weerd: So I would move to accept your nomination.
Bird: Who are they? Who was that?
De Weerd: Jim Keller, Sheri Baker, and Paul Newcomb.
Bird: And what was the term for?
Corrie: Three years.
Bird: Three years. I second.
Meridian City Council Meeting
October 2, 200]
Page 6
Corrie: Okay. Motion has been made and seconded to approve the three people. Any
further discussion? Then all those in favor say aye.
MOTION CARRIED: THREE AYES, ONE ABSENT.
Corrie: Opposed, no? I'd like to introduce Paul at this time, Paul B. Newcomb. Paul,
thank you for volunteering for the Parks and Rec and, like I said this afternoon, welcome
to the group and thank you for coming tonight. Appreciate it. Okay.
De Weerd: And your two guests as well.
Corrie: Yes. And your two boys.
Newcomb: My administrative assistants.
Item 4.
Department Reports
A. Public Work's Department - Gary Smith: Brad Watson
2. White Drain Trunk Sewer Easements:
Corrie: Right. They enjoyed the jellybeans, too. All right. Department reports. I think
that's where we are. Okay. Brad.
Watson: Thank you, Mr. Mayor, Council. We have back again this week some
easements for two sewer projects. The first one -- the first group of easements is for the
White Drain Sewer Trunk. The first one that we are going to look at -- and I believe I've
given you a rather thick packet of these documents. The first one is this piece right in
here owned by Howell Murdoch. You looked at that last week. And j was asked to go
back and look at what part of the permanent sewer easement is included in the existing
Settler's Irrigation District, White Drain easement. I don't know if you can read that up
there, I can't from here, but our engineer calculated that 0.29 acres was in the White
Drain easement. This is the easement where the developer wishes to, eventually when
he develops, construct of pathway, and have that count toward his open space
requirements. That was the question before you asked the -- Shari mayor may not have
some comment on that as well. I would be happy to entertain questions.
De Weerd: Mr. Mayor.
Corrie: Mrs. de Weerd.
De Weerd: So, Brad, part of that is not considered the regular easement, that this is
open space pathway would be outside of that?
Meridian City Council Meeting
October 2, 200 I
Page 7
Watson: Councilwoman de Weerd, Mayor and Council, the permanent sewer easement
would contain the eventual pathway. The permanent sewer easement also includes .29
acres ot what is already existing as the drain way -- drainage way easement. Is that it?
Did I answer your question?
De Weerd: So the sewer easement is one and the same as the easement that would
be required on the drain?
Watson: For 0.29 acres it is. The sewer easement on that east end gets really wide and
it does overlap all the way to the north boundary. It's just the shaded area. Correct. The
white line that comes up on the west side, goes north, and then traverses east is the
permanent easement. The yellow one is the temporary construction easement.
De Weerd: Thank you.
Corrie: Any other questions, Council?
Bird: I have none.
Corrie: Okay. Any discussion? Hearing none, I will entertain a motion on the request.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move that we accept the permanent temporary construction sewer easement
trom Howell Murdoch Development Corporation with -- and approve the right-of-way
contract and authorize the Mayor to sign and the City Clerk to attest to the easements
and right-ot-way contract.
Anderson: Second.
Corrie: Motion has been made and seconded on the stated motion. Any further
discussion? Hearing none, all those in favor ot the motion say aye.
MOTION CARRIED: THREE AYES, ONE ABSENT.
Watson: Thank you, Mr. Mayor and Council. The second White Drain Sewer Trunk
easement is -- that has been signed is from Bayless, Gene Bayless. I understand it's
under option to Gary Voight. It's where the proposed Sundance Subdivision was, just
east of Linder, directly east of the 58 acre park. The item to discuss in this one is that
they propose that it meet some future roadway alignment through here. There is an
existing easement that Mr. Bayless signed sometime ago along the northern boundary,
but it came back in with a new alignment, so that it would -- a new easement alignment,
so that it would coincide with their future street alignment. They propose two different
ways to get it to the east, both through this cul-de-sac up here and through this stub
Meridian City Council Meeting
October 2,200 I
Page 8
street. I don't have a recommendation in the memo I wrote you, because I wanted to
give you an opportunity to discuss this. I have been in conversation with the engineer on
this and I told him up front my concern is that it locks -- locks in the street alignment for
when that plat does come in.
Corrie: Council, questions? Discussions?
De Weerd: Mr. Mayor.
Corrie: Mrs. de Weerd.
De Weerd: Brad, where is that application in the process? Has it been in front of
Planning and Zoning?
Watson: Councilman de Weerd, Mayor, and Council --
Briggs: Dean Briggs, Briggs Engineering. This piece is actually north of the Sundance
Subdivision. Sundance is being heard on Thursday, although I think we are going to
table it until the sewer issues become a little more clear. When the sewer issues came
up Mr. Voight expressed interest in coming up with a design that was flexible and
allowing the corridor through, other than just that northerly route. We have made some
fairly deep lots on that north side, allowing us to do some arrangements that will make
that work in the future, and it doesn't have -- as you can see, a portion of it is actually
walkway, some street, and we can continue that type of design in the future. The piece
to the east is being purchased I believe rather quickly. Mr. Quenzer had that. There is
also an easement along the north property line of that parcel. Mr. Voight was trying to
purchase that parcel and that's why we were carrying it down through the street and so
we have given two options on this, one to go up to the north where the easement exists
or it could come through -- and hopefully those people will come back and pick one. If
they don't, we can move them north and still be in the easement to the north there.
De Weerd: Thank you.
Corrie: Thank you.
Anderson: Mr. Mayor.
Corrie: Mr. Anderson.
Anderson: Brad, I had the question. You said we already had an easement to the north
of the property that went through there. My question is -- I mean this looks like it takes
a lot of jogs and turns. For maintenance, for future cleaning of the lines and all that kind
of stuff, do these additional jogs that this would take by changing this easement, does
that make it more expensive to maintain these lines for the city or about the same or
does it create any problems in the future?
Meridian City COllncil Meeting
October 2, 200 I
Page 9
Watson: Councilman Anderson, Mayor and Council, it -- we bid out our maintenance on
a per foot basis. It's relatively inexpensive, about a quarter per foot. I mean, obviously,
some additional length. So, yes, there is additional cost. J don't know how substantial
they are.
Anderson: Does it affect flow in the future?
Watson: I would say not.
Briggs: One comment in that regard. If it were on the north side, chances are it wouldn't
be serving a lot, it would be a sewer without a connection. So you would actually have
another sewer. That's one of the reasons that we made this south, so we could get it
into the street and use it for a collection. If we leave it to the north it probably won't. We
should have less linear feet in the end.
Anderson: Thanks, Brad, for that informative information there.
Corrie: Okay. Any other questions, Council? Do we want to table this?
Bird: What do we do if we have already granted -- we have got an easement to the
north, so do we have to change the plat or what do we have to do to change the
easements from the north of this property down to the -- where it is now?
Corrie: Brad?
Watson: Councilman Bird, Mayor, and Council. We -- until there is an application I don't
think we do anything with the existing easement along the north parcel line. There is no
application, as I stated, that exists on this north property. I'm somewhat mistaken,
because the stuff down below is Sundance property. I just thought this was kind of --
part of the same thing.
Bird: Well, the problem is that this -- the owner of the property signed an easement and
it says it's recorded.
Watson: Councilman Bird --
Bird: That's what it says right here.
Watson: Yes, it is.
Bird: So if it's recorded, you have got a -- this is -- my thinking is you got to get rid of the
recorded easement and then put a new easement within the same deal. I don't know.
Legally -- I mean I'm not a lawyer, but it just seems like common sense that you have to
get rid of the one easement up to the north that you're not going to use or -- that was --
the easement was for utilities and now we want to move it down, I don't know, you
know, two, three hundred feet down into the middle of it and record it that way. I don't
Meridian City Council Meeting
October 2, 200 I
Page 10
think we can have two utility easements recorded on the same plat. J mean if they want
to do that, I guess we could, but --
Anderson: May have to vacate one and then --
Bird: May have to vacate one. So how do we do it?
Corrie: Mr. Attorney?
Nichols: Mayor, Members of the Council, I saw Brad raise his hand. Did you have
something?
Watson: Well, I was just trying to answer -- obviously, it would have to ultimately be
vacated when it was platted, but I wouldn't want to vacate that at this point, because we
have still got a little ways to go. If you approve this tonight, we still have to go through
the design and I would hope this would at least go through some planning and zoning,
maybe some public hearings. We are a little ways away from construction. I want to
have the ability to always revert back to that straight alignment on the north boundary
until -- until this is okay.
Bird: Well, then -- Mr. Mayor.
Corrie: Mr. Bird.
Bird: Then what you're telling me is you want two right of easements on this property
right now? You don't want to -- you don't want to vacate or get rid of the one on the
north property, but you want to do this one here, too?
Watson: Councilman Bird, Mayor and Council, the one on the north would be more of a
safety net. If you went ahead and granted -- or accepted this easement on this
alignment, my plan would be to vacate the north one, ultimately, as that project is
coming through with the final plat, unless there is some reason I need to start that
sooner.
Nichols: Mr. Mayor.
Corrie: Mr. Nichols.
Nichols: Mayor, Members of the Council, I mean it seems to me that this alignment is
from the request of the property owner or the owner's option and so what this does is it
gives the ability to know where the alignment is and they can propose their
development, if they do, with this particular alignment. It doesn't bind the city to this
alignment, because you have the other easement as an option. So it doesn't pre-
suppose that this layout is going to be approved by this Councilor whatever Council it
appears in front of. So you can go ahead and approve this, but then at that -- if I were
the property owner coming in and requesting approval for a development with this
Meridian City Council Meeting
October 2, 200]
Page 11
alignment, I would also apply for vacation of that easement on the north boundary at
that time, so that it's all taken care of as part of the same plat if it's approved.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I agree, but the question I have got, does the owner know that we are not going to
vacate the north boundary one at this time and is he in agreement with that, to not
vacate it at this time and still give the easement for this, as we record this one?
Watson: Councilman Bird, Mayor and Council, all I know is that I told him for this to
even be considered he had to sign it, so that [ could bring it before you and there was
no accompanying request to vacate the other easement.
Bird: Okay. Thanks.
De Weerd: Well, yes, I can see there is probably a variance needed in a block right
there.
Corrie: Any other discussion?
Bird: I have none.
Corrie: Okay. Then ['II entertain a motion on the request, sort of.
Bird: I don't know how to make it. Mr. Mayor.
Corrie: Mr. Bird.
Bird: I would move that we accept a second easement from David and Eunice Bayless
by Gary Voight on the property east of Meridian Road and for the Mayor to sign and the
Clerk to attest and I don't know any other way to make it.
De Weerd: Second,
Corrie: Okay. Motion's been made and seconded to approve a second easement in the
David and Eunice Bayless, by way of Gary Voight, the property east of Meridian Road,
proposed Sundance Subdivision. Further discussion?
De Weerd: No, not in the proposed Sundance Subdivision.
Corrie; It's north of the proposed -- okay.
Anderson: Mr. Mayor.
Meridian City Council Meeting
October 2, 2001
Page 12
Corrie: Yes.
Anderson: Do we need to reference this to something so that whoever is recording this
knows what document we are referring to? I see an Exhibit C up there in the corner.
Maybe we could refer to it as that. I don't know.
Corrie: Mr. Nichols.
Nichols: Mr. Mayor, Members of the Council, I would refer to the agreement, the
sanitary sewer line easements dated September 26, 2001.
Bird: Okay. September 2nd, 2001. Okay. The agreement--
Corrie: Okay. Good. Thank you, Mr. Anderson. Any further discussion? Hearing none,
all those in favor of the motion say aye. All ayes. Motion carried.
MOTION CARRIED: THREE AYES, ONE ABSENT.
Watson: Thank you, Mayor and Council. The third White Drain Trunk Sewer easement
is for a piece of property that is part of the Bridgetower project. It's owned by Young's
Land. This is directly west of the Howell property that you were looking at just a minute
ago. As you thumb through the packet, the actual easement that's -- J guess Gary just
handed it out to you. I don't think I included it in the packet, the actual easement form. If
you thumb through to the right-of-way contract, it's the fourth page back, about midway
down that page it has additional stipulations, and there is a rather long list of stipulations
on that easement and I would be happy to discuss any of those in detail if you have any
questions.
Corrie: Any questions on the additional stipulations?
Nichols: Mr. Mayor.
Corrie: Mr. Nichols.
Nichols: Brad, in connection with this list of requirements, would you, please, comment
on how difficult some of these mayor may not be?
Watson: Mr. Nichols, Mayor, and Council, this was a very, very long negotiation
process on this one. There is one part that could be somewhat difficult and it has to do
with the sewer services into the trunk line and the coordination between our contractor-
- having our contractor doing it or their contractor doing it while we are out there.
Nichols: Brad, is there any limit on the number of connections? Are these connections
to be made without payment of any connection fees? Or what's to be -- what's the
contemplation on these requirements?
Meridian City Council Meeting
October 2, 200 I
Page 13
Watson: Mr. Nichols, Mayor, and Council, if you thumb through the very last page of
that, that I just handed out, it talks specifically about the arrangement between
Prime land and the City as to the sewer services being installed along there. We will
include it in our overall bid and there are 24 four-inch services will be reimbursed if the
bid price comes in at 125 or less. If it's over 125 or, quote, unquote, unreasonable, we
will deleted those from our project and coordinate with the developer -- we will put
Primeland's contractor to install those while we are out there. That's probably the most
difficult part of this easement.
Corrie: Mr. Nichols, did that satisfy your question?
Nichols: Mr. Mayor, I believe it at least makes it more clear. I just was concerned about
the connection fee issue. But apparently this is just to put in the service stubs, so that
when there is development and an actual building that connects the sewer line they pay
their connection fees.
Corrie: Brad.
Watson: Mr. Nichols, yes, that's correct.
De Weerd: Mr. Mayor.
Corrie: Mrs. de Weerd.
De Weerd: Is number five a typical agreement? With the lots being done down, how do
you compensate for loss of crops when they have already hired this.
Bird: For the next ten years, whatever they --
Nichols: Mr. Mayor.
Corrie: Mr. Nichols.
Nichols: I think Brad -- I think we have talked about this before. I think it's when the
construction goes in and tears up these alfalfa plants, it will take some mature alfalfa
plants out that won't be able to be -- even if it's reseeded it will be awhile before there is
any crop or is it something different?
Watson: Mr. Mayor, the actual reason for this is we are building an access road through
that farmland. It's a permanent loss of crop.
De Weerd: Okay. Thanks.
Corrie: Any questions? Discussion? Okay. Hearing none, I'll entertain a motion on the
req u est.
Meridian City Council Meeting
October 2, 2001
Page 14
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move we accept the permanent and temporary construction sewer easement on
the Young's Land, LLC, and approve the right-of-way contract and authorize the Mayor
to sign and the Clerk to attest.
Anderson: Second.
Corrie: Motion has been made and seconded to accept the permanent and temporary
construction sewer easement to Young's Land, LLC. Any further discussion? All those in
favor of the motion say aye. Opposed no. Motion carried.
MOTION CARRIED: THREE AYES, ONE ABSENT.
3. South Slough Sewer Easements:
Watson: Thank you, Mayor, and Council. That's all I had for the White Trunk
easements. We have one South Slough easement to discuss and that should be
included -- a copy should be included within your packet. This is for Albert and Mary
Dobbin. It's up on the screen right now. This is a rather interesting one. I have attached
a copy of the letter that I wrote to them last week and all of these things listed in this
letter were conditions of them signing that easement. This permanent easement just to
the east of them is the -- over here is the one that was approved last week that goes
through that residential house's site, lot nine, Youngstrom, that's going to be bored
through here. All of this in here is horse pasture. This area between the house and the
stable, this is a riding arena that's been built. We approached -- this is Wingate Lane
right here, for your information. We approached them about coming along the South
Slough right here, but this barn -- this stable has been built really, really close to it and
the only option was to relocate the barn somewhere. So we went back and did a new
alignment coming right in front of the stable. The fencing on the riding arena is right in
here. So we would be sneaking right through -- through those two items. Sneaking with
a trackhoe, as Gary says. Tiptoeing through with the big equipment. Down Wingate
Lane, nonetheless. I would be happy to answer any questions you might have on all the
conditions that are listed in that letter. There is quite a laundry list.
De Weerd: Mr. Mayor.
Corrie: Mrs. de Weerd.
De Weerd: How did we come about putting prices to some of this -- some of the
laundry list?
Watson: Councilwoman de Weerd, Mayor, and Council, the first couple are pretty easy.
We had appraisals from the value of the easement. The horse boarding we were
Meridian City Council Meeting
October 2, 200l
Page 15
provided a copy of their contract from the boarding stable, I guess you would call it. I
don't know that I have a copy of the temporary fencing item. Our easement agent does.
The last two -- the two 1,000 dollar items, I don't have any substantiating figures on that.
Especially the last one.
Corrie: Where are they boarding them?
Watson: I have that in a file. I don't know where. There are five horses. She participates
in horse jumping competitions, so these aren't run-of-the-mill farm horses, from what I
understand. They are -- as our easement acquisition guy said these are her babies and,
therefore, you see the prices.
Bird: Does that boarding sound about right, Ron?
Anderson: Better not comment. Better not comment.
De Weerd: I have nothing further.
Corrie: Okay. Council have any comments? Questions? Any further discussion on the
request? Okay. Moving right along.
De Weerd: Mr. Mayor.
Corrie: Mrs. de Weerd.
De Weerd: I move that we accept the permanent and temporary construction sewer
easement from Albert and Mary Dobbins, authorize payment of $5,528.00 for the
easement in accordance with the prepared appraisal; $11,330 for those items outlined
in Brad Watson's letter, dated September 27th, and authorize the Mayor to sign and the
Clerk to attest.
Bird: I'll second that.
Corrie: Okay. Motion has been made and seconded to accept the recommendation of
the Public Works.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I got one question. In this proposal that you will come back with the 500 a month if
it runs past March 31, 2002?
Watson: Councilman Bird, Mayor, and Council, yes, we will at that time if we are going
over.
Meridian City COLlncil Meeting
October 2, 2001
Page 16
Corrie: Okay. Any other discussion? Okay. All those in favor of the motion say aye.
Opposed no. All ayes. Motion carried.
MOTION CARRIED: THREE AYES, ONE ABSENT.
1. Five Mile Sewer Trunk Latecomer Agreements:
Watson: Thank you, Mayor, and Council. I apologize; I skipped over the -- item number
one in the Public Works department reports in my enthusiasm for the easements. We
met with the developer who had brought up the questions on the Five Mile latecomers
agreement last week, Gary and Bruce Freckleton and I and we are going to go back
and look at our calculations and those haven't been completed. Well, they weren't
completed as of last Thursday, so we don't have anything to offer on that topic.
Corrie: Okay. Thank you. Yes, Brad.
Watson: I'm sorry, Mayor. Could that be tabled until the next available Council --
Corrie: Yes. The 16th?
Watson: Yes. Thank you.
Corrie: Yes. That -- you can bring that back the 16th. I need to -- do we need a motion
or do we need to -- we do. Okay.
Item 5. (Items Moved from Consent Agenda)
5-C. Tabled from September 18,2001: Findings of Facts and
Conclusions of Law for Approval: AZ 01-003 Request for
annexation and zoning of 371.42 acres from RUT to R-4 and
C-G zones for a planned development consisting of
residential, office and commercial uses for proposed
Bridgetower Crossing Subdivision by Primeland
Development Company - 2420 Ustick Road:
5-0. Tabled from September 18,2001: Findings of Facts and
Conclusions of Law for Approval: PP 01-005 Request for
Preliminary Plat approval of 336 building lots and 58 other
lots on 175.91 acres in proposed R-4 and C-G zones for
proposed Bridgetower Crossing Subdivision by Primeland
Development Company - 2420 Ustick Road:
5-E. Tabled from September 18, 2001: Findings of Facts and
Conclusions of Law for Approval: CUP 01-006 Request
for a Conditional Use Permit for 692 single-family lots, 59
townhomes, 17 office lots and 10 commercial lots on 370.55
Meridian City COllncil Meeting
October 2, 200 I
Page 17
acres in proposed R-4 and C-G zones for proposed
Bridgetower Crossing Subdivision by Primeland
Development Company - north of Ustick and east of Ten
Mile Roads;
Corrie: Item No.5, then, items moved from the consent agenda, C, 0 and I. C, 0, and
E. Rig ht?
Bird: C, 0, and E.
Corrie: That was the --
Bird: That's one item.
Corrie; One item.
Bird: F, G, and H.
Corrie: Bridgetower Crossing. We will take item C, Findings of Facts and Conclusions
of Law on request for annexation and zoning, Bridgetower Crossing Subdivision.
De Weerd: Can we do C, 0 and E at the same time?
Corrie: We can take C, 0, and E all at once if you'd like, yes.
Bird: Yes. Let's do.
De Weerd: Yes. Let's --
Corrie: Okay. Findings of Facts and Conclusions, request for Preliminary Plat and
Finding of Fact and Conclusion of Law for Conditional Use Permit.
Bird: Okay.
Corrie: Okay.
Nichols: Mr. Mayor, Members of the Council, I guess it was me. The way we have the
last set of findings, Shari and Becky were going to get together and see if we could
agree on some language that pertained to the concept approval versus some of the
different layouts. I got an e-mail from Shari that addressed her concerns. I guess we
can cover that with what was in the Council's discussion and approval and then we got
that to Becky late, but she got a response to the Council, which I think was received
yesterday or, if not, then today. The difference, really, is only in the one issue over the
language that we proposed and I think I covered in the memo that I gave to you, dated
September 14th. Actually, that's -- I don't think that's the correct date. I think it was after
that. But, at any rate, this was language that we put in about the concept issue. Becky
Meridian City Council Mceting
October 2, 200 I
Page 18
has come back on behalf of the applicant and proposed some different language and I
don't know about Mrs. Stiles, I don't have any problems with Ms. Bowcutt's proposed
language, but Shari may, so --
Stiles: Mr. Mayor and Council, I felt that the proposal as submitted by the City Attorney
was adequate. I don't have any particular problems with what she has proposed, except
for the little part she snuck in about the roadway network. Our Planned Development
Ordinance specifies major roadways and does not include the entire roadway network.
So if that were to be taken out I could accept that language.
Corrie: Ms. Bowcutt, do you have any objection to that?
Bowcutt: Becky Bowcutt, 12715 West Edna Court. I knew -- I don't think about my
address. Mr. Nichols and I discussed what he wrote and he always comes up with great
language. The only thing that scared me was the statement in here that these findings
do not approve any proposed layout. On these concepts, it is not detail approval that we
are looking for, but conceptual approval. So, obviously, the Clty will retain -- Shari or
staff will retain their right and reserve that right when we bring in a detailed Conditional
Use Permit say for a commercial use or we bring in the next Preliminary Plat to
scrutinize it and apply all the applicable standards. I just want to make sure that the
Council's interpretation of what we have done is in compliance with ours. The example I
used for Mr. Nichols, if the concept or the layout is not -- if it is interpreted that it's not --
it has no approval at all and I bring in a new Preliminary -- or a second Preliminary Plat
and someone says I don't like the school site there, move it to the south, and we have
already constructed a half mile of collectors and everything and I have got to move a
school site to the south and three phase power was coming in from McMillan and now I
could have brought it in out of Ten Mile or Ustick and I have cut myself off. So I just
want to make sure that this is concept -- I mean just concept only, but that we recognize
that all of these pieces do fit together. If Shari wants more stub streets when the next
Preliminary Plat comes in or other pathway connections, you know, that stuffs great, but
I can't have people taking these collector roadways and moving them, because we are
putting in about a half a million dollars worth of White Drain relocation and pathways
and a million dollars in storm drains is going to go in and everything links together and
so part of my designs on these first phases are linked to the entire site in its entirety. So
I'm hoping the Council in adopting these findings views it as just a concept, but not that
they are going to completely change everything when I come back in. Do you
understand what I'm trying to get at, I guess?
Corrie: I think so. Yes.
Bowcutt: That's my point.
Corrie: Thank you, Becky.
Bowcutt: Thanks.
Meridian City Council Meeting
October 2, 200 I
Page 19
Corrie: Any other questions? Staff?
Nichols: Mr. Mayor.
Corrie: Mr. Nichols.
Nichols: Mr. Mayor, Members of the Council, it appears to me that the decision is
whether you take the language that I have drafted or take Ms. Bowcutt's language or
take Ms. Bowcutt's language and change the words roadway network to collector
roadways and I think if that satisfies Mrs. Stiles, then that satisfies Ms. Bowcutt's
concern over the location of collectors and then that -- J'm okay with that.
Corrie: Okay. Mr. Anderson, any questions?
Anderson: No.
Corrie: Oh, I thought you were --
Anderson: No.
De Weerd: He's been awfully quiet tonight.
Anderson: I'm always quiet.
Corrie: Okay. Anyone eJse?
Bird: I have nothing.
Corrie: Okay. Then I will entertain a motion on the Findings of Fact and Conclusions of
Law with the changes.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move that we approve the Findings of Fact and Conclusions of Law for approval,
request for annexation and zoning for 371.42 acres from RUT to R-4 and C-G zones for
a planned development consisting of residential, office and commercial uses for
proposed Bridgetower Crossing Subdivision by Primeland Development Company,
2420 Ustick Road, with the changes as agreed upon by Ms. Bowcutt and Mrs. Stiles.
Anderson: Second.
Corrie: Okay. Motion has been made and seconded -- or motion stated. Any further
discussion? Hearing none, roll call vote, Mr. Berg.
Meridian City Council Meeting
October 2, 200]
Page 20
Roll-Call: Bird, aye; De Weerd, aye; McCandless, absent; Anderson, aye.
Corrie: The ayes. Motion carried.
MOTION CARRIED: THREE AYES, ONE ABSENT.
Corrie: Preliminary Plat?
Bird: Yes.
Corrie: Okay.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move that we approve the findings of fact and conclusions of law for approval
request for preliminary plat approval of 336 building lots and 58 other lots on 175.91
acres in proposed r-4 and c-g zones for the proposed Bridgetower crossing subdivision
by Primeland Development Company, 2040 Ustick road.
De Weerd: Second.
Corrie: Okay. Motion made and seconded to approve the motion as stated.
Any further discussion? Mr. Berg, roll call vote, please.
Roll-Call: Bird, aye; De Weerd, aye; McCandless, absent; Anderson, aye.
Corrie: All yea. Motion carried.
MOTION CARRIED: THREE AYES, ONE ABSENT.
Corrie: The facts and conclusions of law for the CUP request.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move that we approve the findings of fact and conclusions of law for approval of
the request for a Conditional Use Permit for 692 single family lots, 59 townhouses, 17
office lots, and 10 commercial lots on 370.55 acres in proposed R-4 and C-G zones for
the proposed Bridgetower crossing Subdivision by Primeland development company,
north of Ustick and east of Ten mile, with the noted changes -- with the noted changes
on the -- on the Letter -- on the changes on the roadway to collectors.
Corrie: Okay.
Meridian City Council Meeting
October 2, 200 J
Page 21
De Weerd: Second.
Corrie: Motion has been made and seconded to approve the motion as stated with the
noted changes. Any further discussion? Hearing none, roll-call vote, Mr. Berg.
Roll-Call: Bird, aye; De Weerd, aye; McCandless, absent; Anderson, aye.
Corrie: All ayes. Thank you. Motion carried.
MOTION CARRIED: THREE AYES, ONE ABSENT.
5-F. Tabled from September 18, 2001: Findings of Facts and
Conclusions of Law of Approval: AZ 01-008 Request for
annexation and zoning of 12.71 acres from R1 and RUT to
C-G and R-40 zones for proposed Baltic Place Subdivision
by L.C. Development, Inc. - Franklin Road west of Locust
Grove Road:
5-G. Tabled from September 18,2001: Findings of Facts and
Conclusions of Law for Approval: PP 01-009 Request for
Preliminary Plat approval of 10 building lots and 3 other lots
on 12.71 acres in proposed C-G and R-40 zones for
proposed Baltic Place Subdivision by L.C. Development,
Inc. - Franklin Road west of Locust Grove Road:
5-H. Tabled from September 18, 2001: Findings of Facts and
Conclusions of Law for Approval: CUP 01-015 Request
for a Conditional Use Permit for a Planned Unit Development
for mixed use Residential/Commercial in proposed C-G and
R-40 zones for proposed Baltic Place Subdivision by L.C.
Development, Inc. - Franklin Road west of Locust Grove
Road:
Corrie: Items F, G, and H. This is the Baltic Place Subdivision, both for the Facts and
Conclusions of law, the annexation and zoning, Preliminary Plat, and Conditional Use
Permit of a Planned Unit Development.
Nichols: Mr. Mayor.
Corrie: Mr. Nichols.
Nichols: Mr. Mayor, I believe Mr. Centers and his attorney are just outside, so -- here
they come. Don't start until they are here.
Corrie: Okay, Okay. What was this one about? Annexation, is that--
Meridi3n City Council Meeting
October 2, 2001
Page 22
Nichols: Mr. Mayor, Members of the Council, you recall that this was before you last
regular meeting on the findings for approval with regard to the particular proposed
development and that Mr. Centers had asked that the Council reconsider its decision
and take up some issues and the Council had quite a long discussion about some of
those things and I believe that at the end of that meeting there was some discussion
that Mr. Centers might be considering a different type of proposal or -- so you have held
off taking any action on those findings to give him some more time to look at his
proposal, I believe is what we did.
Corrie: I believe we will have you come up, Mr. Centers, and give us the information.
Centers: Lee Centers, 325 Meridian Street. In pursuit of this project we had an idea to -
- if sidewalks was the issue going down Franklin to the park, would you consider if we
put up a temporary with ACHD, a five foot wide sidewalk that would connect this to the
next sidewalk? I believe that was your biggest concern.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: Lee, is that from the -- through your property to Stratford, which is already?
Centers: Yes.
Bird: And I also might note that we were told yesterday that there will be a temporary
light -- stoplight at the fire station by November 30th.
Centers: Oh, my.
Corrie: It's a temporary stop. Yellow.
Bird: Stoplight. So that is -- that gets rid of one of my concerns.
Centers: And one more thing I might add is the sidewalks are poured from Watertower
connecting Locust Grove, Atkins -- you can go out the south of my property now and
actually get down to the park where the baseball -- by way of Watertower, since they
have just been poured.
Bird: Is the easement through the -- you would have to some have easements through
the cemetery to put the sidewalk in, wouldn't you?
Centers: Well, from what I have been told, we would just be on the highway's right of
way, their existing right of way, because it will be temporary. They are going to have to
acquire more right of way from them for the widening of the road, but I believe there is
Meridian City Council Meeting
October 2, 2001
Page 23
enough right of way acquired now for sidewalks through there. And that would be
conditioned upon ACHD letting us do that.
Anderson: Mr. Mayor.
Corrie: Mr. Anderson.
Anderson: I guess I had a little different view of what we were talking about last time
when we expressed to you our concerns. One of those was having children in --
basically in an area that's pretty much commercialized and industrialized right now and
the fact that there is no good way for them to get to the park and also where they are
going to play and what kind of vandalism they might do. We've also talked about the
increased traffic that was on -- would be put on Franklin Road with the apartment units
as they were developed and I had concerns not just by Keith about the fire trucks
getting out, but even creating breaks in the traffic so that people coming -- exiting from
the apartment complex would be able to get onto Franklin Road and that a stoplight at
the station only would be activated when there is an emergency, so it doesn't create
regular stops for cars wanting to enter onto or exit off of Franklin Road. So at the last
meeting that I was at I was under the impression that you were considering taking the
apartments completely out of this project and making it commercial. So that was kind of
where I left off and I don't know if everybody else is in the same boat as I was, if that's
the line of thinking we were heading to or what, but--
Centers: That was a consideration, but there is -- there is too much availability of that
much product in that area now with Murdoch and Howell's, Stonebridge -- there is a lot
of it available.
Anderson: Of the commercial?
Centers: Yes. And just to remind you that, you know, ACHD did give that a B level
before being build out and a B level after build out and with the south entrance now that
gives us four ways out of there.
De Weerd: Mr. Mayor.
Corrie: Mrs. de Weerd.
De Weerd: I know my primary concern was the safety issue and the fact that those kids
were going to inherently want to go down to the park and sidewalks certainly have --
would address that concern. The second one was that -- the fact that you have fire
engines -- fire trucks going in and out of that fire station at -- in a timely manner and so
the light was a special issue, in my opinion, and we did hear that from ACHD on
Monday, that a temporary light would be put in. So those were my primary concerns.
Bird: Mr. Mayor.
Meridian City Council Meeting
October 2, 200]
Pagc 24
Corrie: Mr. Bird.
Bird: I agree with Tammy that -- that was my concern. I really -- we are going to put a
sidewalk -- I also agree with Councilman Anderson that we are going to put a sidewalk,
but we are bringing in through your commercial -- your first seven lots are going to be
commercial up there to -- to get to Franklin, am I not right?
Centers: Correct.
Bird: We are going to bring it down through there to get into the Franklin Road so they
can -- the kids can get on the Franklin Road, walk to the park, do whatever. Is there any
way that you could bring it down the west -- have the sidewalk down the west side, so
they are not interchanging with your traffic in your office -- I mean if you have got retail
and stuff in there, you could have some -- quite a bit of cars backing in and out and
stuff.
Centers: I think we could do a pedestrian five foot wide sidewalk close to --
Bird: On the west side as it comes down. Yes. Like that. You know, that wouldn't make
much load on the project different, but I would sure -- I think it would be very nice.
Centers: It would.
Bird: And keep them out of the way. If I had a retail outlet I wouldn't want kids walking
behind my customer's cars as they are backing in and out and everything like that. You
always got a chance of hitting one of them. So ['m like Tammy -- and when they told us
yesterday that they were going -- and I don't know whether it's going to be temporary or
-- I think it's going to be everything put in, but the one on Stratford, but it is like
Councilman Anderson said it is, it's not going to be on a time deal, it's going to be when
the opticon hits, then it comes on. So -- but it will -- it relieves me from the safety issue I
had by having it there.
Anderson: Mr. Mayor.
Corrie: Mr. Anderson.
Anderson: I guess if Tammy and Keith have changed their view, then this would require
a different Findings of Facts to be written at this point, then, so these would have to be
discarded or -- I don't know how you do that. Do you vote on these and deny them and -
- or just instruct the city counsel to draw up new ones? But --
Corrie: Mr. Nichols.
Nichols: Mr. Mayor, Members of the Council, what I would -- if it were the Council's
decision to eliminate the condition that bars applying for a building permit on the
apartments until Franklin's improvement was complete, then I would substitute for that
Meridian City Council Meeting
October 2, 2001
Page 25
condition a requirement that there be a five foot temporary sidewalk from the
development to Stratford and also conditioned upon ACHD's installation of the opticon
signal at the fire station, if that's the Council's decision.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: Actually, on that annexation and zoning, we didn't have a condition on it. All we
had that -- all that condition was on was the -- was the CUP, wasn't it? So we could
actually -- basically, the annexation and zoning as written is okay; am I not right?
Nichols: I believe that's correct.
Bird: And also the Preliminary Plat, we didn't put the stipulation on -- was it -- I think it
was the Preliminary Plat that we put the stipulation on, wasn't it?
Nichols: I don't recall directly which one of those two. It may have been in both of them.
Bird: And also my understanding is that Mr. Centers just offered -- not from his
property, through his property to put that five foot sidewalk in, am I not right? Through,
not to?
Centers: No.
Bird: Through his property. Through the property to put that five foot sidewalk and then
down?
Nichols: Mr. Mayor.
Corrie: Mr. Nichols.
Nichols: Councilman Bird, Members of the Council, I think there is going to be some
sort of sidewalk construction, is there not? And as you build the commercial there will be
structures in front that it will be constructed ahead of the widening of Franklin Road, will
there not?
Centers: That's possible. Yes.
Nichols: Mayor, Members of the Council, it could be that the sidewalks -- if we say that
they are going to be through the project, he's going to have to put up whatever deposit
ACHD requires for sidewalks anyway through his development and then he would be
providing a temporary one through the cemetery property, as I understand it, to
Stratford; is that --
Meridian City Council Meeting
October 2,200]
Page 26
Centers: What I'd attempt to do is to bring that sidewalk down the west side of our
property, run it down through the cemetery, down to Stratford, so that they would have
direct access all the way down to the park.
De Weerd: Then you're using an ACHD right of way, so you don't have to go through
the cemetery board to have that approved?
Centers: I believe so.
Bird: It was on the CUP that we put the stipulation that no building permits would be
awarded to lot number whatever it was until Franklin was --
Centers: That's what I recall, too.
Bird: Okay. So the first two Findings of Fact would be as stated, is that agreeable with
you, Mr. Centers?
Centers: Yes.
Bird: Okay.
De Weerd: For the record, I'd like to say I haven't changed my mind, like Councilman
Anderson suggested, but certainly the temporary sidewalk addresses the safety
concerns that were expressed during the public hearing. And so in light of that and
because of the service level of Franklin Road, it certainly wasn't a traffic issue, it's more
of a safety issue for the kids.
Bird: I didn't change mine either, just because of the same reason, that the sidewalk did
-- the light -- the light was my one big hang up. The light at the fire station.
Anderson: Well, clarify something. At first you said no building permits until the road
was done and now you have changed your mind on that. So you have changed your
mind. What factor changed -- caused you to change your mind is maybe different, but
you have changed your mind on what you originally had intended.
De Weerd: Circumstances change.
Anderson: You sound like you could be a career politician.
De Weerd: I'm taking lessons from you, Ron.
Anderson: Okay.
Bird: Mr. Mayor, I think we have had enough -- j think we have had enough wining and
dining.
Meridian City Council Meeting
October 2, 200 I
Page 27
Corrie: Okay.
Bird: I move that we approve the findings of fact and conclusions of Jaw of approval, the
request for annexation and zoning of 12.71 acres from R-1 to RUT to C-G and R-40
zones for proposed Baltic Place Subdivision by L.C. Development, Incorporated,
Franklin Road west of the Locust Grove Road.
Corrie: I hear a motion. Do I hear a second?
De Weerd: Second.
Corrie: Okay. Motion has been made and seconded on the approval of the request for
annexation and zoning, Baltic Place Subdivision as the motion is stated. Further
comments?
Anderson: Mr. Mayor.
Corrie: Mr. Anderson.
Anderson: Still one more question, then. We are taking out one condition and we are
replacing it with another and I think we have a representative from the cemetery here
tonight? Do we have somebody from the cemetery? Okay. I thought you said you were.
Nothing that we are doing is going to affect them in any way that --
Bird: They approved it as it was to start with and when they come up and testified after
Mr. Centers -- Mr. Roberts and the other -- I can't remember the other gentleman's
name, came in and testified that they had worked the deal out on their east property, his
west property, they had no problems with it.
Anderson: So as long as the sidewalk is all outside of the road --
Bird: Yes. It's gotto be --
Anderson: Then that wouldn't --
Bird: I mean you have got to -- yes.
Anderson: Okay.
Bird: But that isn't in this -- that isn't in this motion anyway, Ron. That is the condition
for annexation and zoning.
Anderson: Right.
De Weerd: So we are clarified.
Meridian City Council Meeting
Octobcr 2, 2001
Page 28
Bird: Okay.
Corrie: Okay. Any more discussion?
De Weerd: No.
Corrie: Roll-Call Vote, Mr. Berg.
Roll-Call: Bird, aye; De Weerd, aye; McCandless, absent; Anderson, naye.
Corrie: Okay. Motion is carried. Two to one. Two for and one no.
MOTION CARRIED: TWO AYES, ONE NAYE, ONE ABSENT.
Corrie: Item G would be a request for a Preliminary Plat. Any discussion?
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: Hearing no discussion, I would move that we approve the findings of fact and
conclusions of law for the approval and request for preliminary plat approval of ten
building lots and three other lots on 12.71 acres of proposed C-G and R-40 zones for
the proposed Baltic Place Subdivision by L.C. Development, Incorporated, Franklin
Road, west of Locust Grove Road.
De Weerd: Second.
Corrie: Motion has been made and seconded. Any further discussion? Hearing none,
roll call vote, Mr. Berg, on the motion.
Roll-Call: Bird, aye; De Weerd, aye; McCandless, absent; Anderson, naye.
Corrie: Okay. Motion -- two ayes, one naye. Motion is approved.
MOTION CARRIED: TWO AYES, ONE NAYE, ONE ABSENT.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: On this one is the one -- no. Do we have to -- do we have to turn this one down
and then have you draw new Findings of Fact? Is that the way--
Nichols: Mr. Mayor, Members of the Council, I'd like direction specifically on the
Findings and if it's your direction, as I understand Mr. Centers' provision, it would be a
Meridian City Council Meeting
October 2, 200 I
Page 29
five foot temporary sidewalk from his development to Stratford, a five foot permanent
sidewalk along the west side of the commercial development that he's proposing to that
area of the temporary sidewalk and then conditioned also upon ACHD's installation of
the traffic light, the opticon activated traffic light at the fire station. Those things would
be conditions prior to seeking a building permit on the apartment, I think, but that may
foul up the financing end of things again and just whatever your pleasure is on the
motion, so that I know exactly what to put in the Findings.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: The existing one is the one that has the -- has the no apartments built until
Franklin Road is completely built out, so -- and that is the Finding of Facts and
Conclusions of Law on this order. So how do we -- do we make a motion and take that
out and re-insert the sidewalk and then the stuff like that or --
Nichols: Councilman Bird, Mayor, Members of the Council, there is one condition that's
in -- in the Conditional Use Permit findings, the conclusions, and it's also in the
proposed Conditional Use Permit itself, that has -- that bars seeking a building permit
until Franklin is widened. Those improvements are done. That would come out, if you
direct that that be taken out, and that substituted whatever it is that you're going to
substitute in those Findings. So that would come out and you would tell me what to put
in its place, whether it's simply a condition that he has to do these things as part of his
development on the -- maybe before there was an occupancy permit, those would have
to be done, as opposed to applying for a building permit. But then you have to be there
before the first person moves into the apartment.
Bird: And would be -- that would be, again, just on the apartment part. The commercial
part is -- unless the Council wanted to change that, it would be still like it was.
De Weerd: Mr. Mayor.
Corrie: Mrs. De Weerd.
De Weerd: Mr. Nichols, I think the two issues that you read would also include a
sidewalk on the west side of the property line going from the apartment complex down
to Franklin where the sidewalk was, then brought to the west. Okay.
Corrie: Mr. Nichols, why can't you write up new Findings of Facts and Conclusions of
Law and let us see what it says before we do all this -- can we do that? I mean we are
talking what we want to do, but I'm not saying it all here and we are going to be voting
on something that you're going to write up that we haven't seen.
Meridian City Council Meeting
October 2, 200 I
Page 30
Nichols: Mr. Mayor, Members of the Council, I'm not asking you to approve Findings
that haven't been prepared, I'm just asking for direction in the form of a motion as to
what to put into those Finding. That's all I'm asking for.
Corrie: Okay.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: But also we have to remove what we want removed out of these findings,
because these are official findings right now, even though they haven't been passed,
these are the findings that come off the last motion that had these findings drawn up.
Nichols: But that's why --
Bird: That's why we need to -- we need to deny these or -- how do -- you know, I mean
Nichols: No. Councilman Bird, Mayor, Members of the Council, I think you just simply
tell me you want -- you want to see a different set of findings and you tell me what you
want me to change from these. Consider these a draft and tell me how to change to
what you want.
Corrie: Oh. I'm sorry, Lee. Yes.
Centers: For clarification, can the -- the light office can be built as agreed before, from
what I understand. The apartments with the sidewalk going from the apartments down
the west side and then continuing on down to Stratford could be built at the same time
the apartments are; is that correct?
Bird: For the light commercial?
Centers: No. For the residential, that sidewalk that goes from residential through the
light office, down to Franklin, and down to Stratford could be built at the same time as
the multi-family is done.
Bird: Yes. Because we didn't have any conditions on your light commercial, did we?
Centers: I might add, the sidewalk in front of the project, normally this goes to widening.
They will have you fund it. I don't see the kids going to the east where it would dead
end. Can I still fund that one, if that's what they want?
Bird: Yes. I think that's --
Centers: I think the safety issue is to get them from there down to Stratford.
Meridian City Council Meeting
October 2, 2001
Page 31
Bird: Yes. I think Mr. Nichols -- that was the deal that you would have to fund it with
ACHD. They are going to tell you what has to be done on that. We can't do that.
Centers: Okay. Just for clarification.
De Weerd: Mr. Nichols, do you need a motion?
Nichols: Please.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I would move that on the findings of facts and conclusions of law for the
Conditional Use Permit for the planned unit development for mixed use
residential/commercial in proposed C-G and R-40 zones for proposed Baltic Place
Subdivision by L.C. Development. Franklin Road west of Locust Grove, that we direct
the attorney to draw up new findings of facts and conclusions of law to delete the part
that had: No building permit would be issued for the planned apartment complex until
the Franklin Road is completed, to change it to: No building permits can be applied for
in the apartment complex until -- until the sidewalk down the west side of the property
from the apartment complex to Franklin Road and the sidewalk from the west side of his
property down to Stratford is completed.
Corrie: Okay. I have a motion.
De Weerd: I will second, so Mr. Nichols can talk.
Corrie: Discussion?
Nichols: Mr. Mayor, Members of the Council. I think you don't want to condition it on the
building permit issue, you just simply want to have a condition of the -- in other words,
when they he comes in for the building permit, he's going to have to have -- he's going
to have to do this stuff before he gets occupancy, but not the building permit itself.
Bird: Oh. Okay. Well, I would -- with the second's authorization, instead of building
permit, occupancy of the unit.
De Weerd: Second.
Bird: It would have to be completed.
Corrie: Okay. Second? Motion is made and seconded with a further discussion -- Lee,
you're not part of this, but I'll give you the opportunity.
Meridian City Council Meeting
October 2,2001
Page 32
Centers: What I -- the understanding I'd like to make is when the drawings are
approved for a building permit, they will be approved with these sidewalks drawn in, so
we don't start construction unless we have got approval to do those sidewalks. That's
the condition we are looking for. Now -- as long as the sidewalks are done before
occupancy is allowed -- otherwise, it interferes with utilities and other things. It's one of
the last things that you would do over there.
Bird: But by the same taken, Mr. Centers, if you say occupancy, what happens if you
get those built and ready for occupancy and ACHO says you can't put them down -- put
that sidewalk down?
Centers: We would have to have -- the building plans would have to be approved
before we started. I wouldn't want to start without -- that's a good point.
Bird: Yes. But, see, the way that we have changed the motion now, they don't -- it don't
have to be put in. That's what I said before you could get any building permits, that that
sidewalk would be in, because what happens if you go ahead and build those and
ACHO says, oh, no, we are going to do this in six months and we are not going to let
you put that in, those apartments sit empty for six months.
Centers: Yes. We can't do that. So maybe the sidewalk would need to go in first.
Bird: That has to go like my motion originally said, has to go with the building permit.
Centers: Okay.
Bird: Am I not right?
Corrie: Okay. Any other discussion?
Anderson: Mr. Mayor.
Corrie: Mr. Anderson.
Anderson: I was born at night, but it wasn't last night, and I just -- I'm having a real hard
time with you two -- trying to convince you that there ain't going to be any temporary
sidewalks built before these things get built. With the timing of this road with ACHO, I
think this is kind of a mute point. I mean it's going to be so close that the original thing
that we talked about still -- that's my feeling with this thing. It's still --
De Weerd: Mr. Mayor.
Corrie: Mrs. de Weerd.
Meridian City Council Meeting
October 2, 2001
Page 33
De Weerd: Well, Mr. Anderson, I guess if that is the case, then they just won't be built
until the road's built, because they won't be able to put temporary sidewalks in. So it all
works out the same.
Anderson: Depends on what motion gets made here.
De Weerd: Yes. That's true.
Bird: The motion was they don't get -- I'm going back to my original motion, if the
second will allow this. They don't get a building permit until those sidewalks are in.
Okay? And that's for the applicant's benefit, too, because, you know, if he gets ready for
occupancy and don't have those in and goes to put them in and they say, no, you're not
going to put them in, he's got a bunch of apartments sitting there that he's paying
interest on and no income coming in.
Centers: What if we got approval from ACHD for the sidewalks?
Bird: I want to see them in. That's my -- if you want me to approve it.
De Weerd: The second would agree.
Corrie: Okay. Any further discussion? Council?
De Weerd: No.
Bird: I have none.
Corrie: Sorry, Lee. Roll call vote, Mr. Berg.
Roll-Call: Bird, aye; De Weerd, aye; McCandless, absent; Anderson, naye.
Corrie: Okay. Two ayes, one naye. Approved as stated.
MOTION CARRIED: TWO AYES, ONE NAYE, ONE ABSENT.
5-1. Tabled from September 18, 2001: Order Granting
Appeal: AP 01-00 Stop Work Order at 2340 West Franklin
Road by Walt Morrow:
Corrie: Okay. Item No. I, I believe. That's the -- tabled from September 18th, order
granting appeal of a Stop Work Order at 2340 West Franklin Road by Walt Morrow.
Nichols: Mr. Mayor.
Corrie: Mr. Nichols.
Meridian City Council Meeting
October 2, ZOO]
Page 34
Nichols: Mr. Mayor, I was to prepare revised findings for the Council, which I was not
able to get done. [ have gone back through and I have reviewed the minutes and also I
believe at Councilwoman de Weerd's request the Clerk has provided copies of those
minute entries with regard to the different times that this was discussed at Council and
those are provided each of the Council members as part of their packet. Mr. Morrow is
here tonight, but I don't have revised findings to submit. I don't know if there is any other
action Council wants to take on this or just table this to the next meeting for me to have
the revised findings prepared.
Anderson: Mr. Mayor.
Corrie: Mr. Anderson.
Anderson: I also wanted to comment on this, because I read the minutes and I had
missed one or two of the meetings in there when you guys had done the approval and
instructed that the findings of facts to be written and then I read the memo dated
September 25th from Bill Nichols and I think from what I can piece together is I think
there was a misunderstanding at the one meeting, because the fire chief wasn't here
and it was stated that the building met all applicable codes and the clarification that I
want to make is the fact that this building has never been reviewed by the fire
department to make sure that it meets fire codes. It's only been reviewed by the
building department to make sure it meets building codes. And even in Mr. Nichol's
memo he indicates that -- from the way I read that, that he believed that the fire
department had those plans in their possession and looked at them. They haven't. They
have never seen the plans on this building and [ contacted Kenny Bowers, the fire chief,
and asked and he has still not seen those plans. I think he's supposed to get them this
Thursday. So at this point I think it would be premature to take any action on it until
those plans are reviewed by the proper departments.
De Weerd: Mr. Mayor.
Corrie: Mrs. de Weerd.
De Weerd: I agree with what Councilman Anderson said. In the August 21 st minutes
Kenny was asked to check if Skip had reviewed them. He wasn't there on September 4th
to ask. I guess we assumed that Daunt was speaking on that behalf. So, you know, I,
too, think that we need to find out -- if these were never reviewed, they need to be and I
thought that was pretty clear when we discussed it in August.
Corrie: Any discussion?
Nichols: Mr. Mayor.
Corrie: Mr. Nichols.
Meridian City Council Meeting
October 2,2001
Pagc 35
Nichols: Mr. Mayor, if you want the fire department to review these plans and make a
report to the Council, then this needs to be scheduled at a time certain and the report of
the fire department with regard to that plan review needs to be provided to Mr. Morrow
so that he can comment on that and object to it, contest it, whatever, in connection with
this appeal. I mean it's not fair to him if -- to not have that report ahead of the meeting.
So I guess a question needs to be asked: Are you going to refer these plans to Chief
Bowers for review and comment when those comments would be completed and when
they would be available to the Council and Mr. Morrow so he could review those?
De Weerd: Mr. Mayor.
Corrie: Mrs. de Weerd.
De Weerd: I don't know how long those plans could be reviewed, but since we asked
for it on August 21S\ I think we should get it in a timely manner. October 16th we should
be able to discuss it and so the applicant should have it by the 1 ih.
Bird: I would agree.
Anderson: I just would like to point out that you're putting a demand on the fire
department to turn these around at a date certain and they have never been given the
plans. That's what I'm trying to point out is they have to be submitted before they can be
reviewed.
De Weerd: But they were asked to research that on August 21S\ so what have we been
doing --
Anderson: They have researched. They do not have the plans. They have never been
submitted to the fire department.
De Weerd: Did they contact Mr. Morrow to get a plan?
Anderson: I don't -- I guess I don't see it's the fire department's job to go out and
contact builders to get copies of plans. If they submit something that they want
approved, then they need to submit the plans, and I think what we need to do here
tonight is instruct Mr. Morrow that if he wants to have those plans approved, then he
needs to bring in a set and submit them to the fire department.
De Weerd: Well, I understand that, Mr. Anderson, but it was never told to us on
September 4th that that still hadn't been done either. So I do take exception that this
hasn't been even brought out or discussed up until this point.
Corrie: Mr. Morrow, would you come up here a minute. I've got something --
Bird: May I say something, Mr. Mayor?
Meridian City Council Meeting
October 2, 2001
Page 36
Corrie: Yes, Mr. Bird.
Bird: Who has got the plans? I know Walt's got one set back, but who's got the other
set? Who's got a set?
Stiles: I went and got the set that was being stored over at the water department.
Bird: At the water department?
Stiles: Yes.
Bird: And what for? For your zoning or what?
Stiles: To see what was being proposed and look at the site plan.
Bird: How long have you had them?
Stiles: I don't recall how long I have had them.
Bird: Months? Days? Weeks?
Stiles: Weeks.
De Weerd: Can you get them over the Kenny?
Stiles: They are not stamped by any department. They are not even stamped by Daunt.
Bird: Are they the set that was approved?
Stiles: I have no idea.
Bird: How many sets was turned in?
Stiles: I have no idea.
Morrow: From the record --
Bird: Two.
Morrow: -- two sets. And they were both given to Daunt; is that correct?
Corrie: Maybe we don't have -- do you have another set?
Morrow: I have my set that's stamped and approved by the Meridian City Building
Department as --
Meridian City Council Meeting
October 2,2001
Page 37
Corrie: I'm sorry. Start over. Repeat what you just said.
Morrow: I said I have a set of stamped and approved building permit plans that I
received back from the Meridian City Building Department.
Corrie: My question is do you have that set at the Planning and Zoning?
Stiles: I have no idea if they are the same. It's not stamped in any way, it's not stamped
approved, it's not even initialed.
Corrie: Okay. Since you have the stamped one and all that, would you -- could you get
a copy or something that -- we are finding something here, I don't know what's
happening and I understand your predicament, Walt. If we can get a copy or --
something's happened here with Daunt, you have got a stamped one, we don't have
stamped, I don't know what's happening here. I'm not just saying that you don't have it,
but can we make copies of it and get it to the fire department?
Morrow: I would be more than happy to make another copy of that for you. I cannot tell
you whether any building department in the valley stamps their own plans or not,
because I don't see them. So I don't know what the explanation would be for that not
being stamped.
Corrie: I can't help you either. Okay. But we do need a set of prints to the fire
department, so if you can get a copy or some way -- if you have got it and we can get
Daunt to -- I don't know where we are, but if he's got one stamped and we don't,
something's happened in this thing. So -- but we do need the plans to the fire
department. So do we need to have the stamped ones or can we use the others ones?
Bird: Well, you need the ones that are stamped, because those are the ones that have
been approved, just like you said, Mayor, and why don't we -- why don't we have a copy
of the stamped ones? I mean I have seen -- this is a different deal, but I have seen a
revised set the other day that he was to build by, another contractor, that wasn't
stamped. He had a set that was stamped not approved, but the ones he turned back
through wasn't stamped on what he was to build by and so -- this is -- this is something
that's got to be taken care of and I don't know why -- you found it in the water
department, Shari? Is that the normal place to store unstamped prints or what?
Corrie: Gary.
Smith: Mr. Mayor. Councilman Bird, we have been taking -- because we have so many
building plans in our department we have been taking the ones over to the water
department for storage just to get them out of our way. We don't have room to store
them at our facility, so we are taking these building plans, the older plans, over to the
water department and storing them at their location, so that we can retrieve them if we
need, we just don't have facilities at site to store all of these plans that we have and
that's the reason they are over there.
Meridian City COllllcil Meeting
October 2,2001
Page 38
Bird: Is it normal to have unstamped ones over there?
Smith: I don't know. I don't know how many -- I don't know how many copies are
stamped. I can only tell you that I assume they keep one set on file that are stamped
approved. I can't swear to that, Councilman Bird, I don't know. But if Walt will bring his
set by, we have got a machine that will copy them in the office, he doesn't have to take
them anywhere, I'll copy them, I'll hand carry them over to the fire department and get it
taken care of tomorrow.
De Weerd: Thanks, Gary.
Smith: Thank you.
De Weerd: Hey, Gary, what is the policy on plans? That you keep at least one
stamped? Is that a correct assumption?
Smith: Right.
De Weerd: Okay. So this one just -- has seemed to be an exception to a lot of things.
Smith: I can't say why--
De Weerd: If there were only two plans submitted --
Smith: There were only two sets submitted, right, and I don't know why, other than it
wasn't considered at the time it was submitted as a commercial plan set -- a new
commercial building plan set where we normally require six sets of plans being
submitted, that it was -- as Daunt explained, I believe, to you, as -- he took it in as an
accessory building I believe is the way he termed it, so that's the reason why it was
handled differently through his department.
Corrie: Okay. My next question, if I may, Council, is, Kenny, what is a reasonable time?
I mean we are not going to put you on the spot here, but -- I am in away, but how long
does it take to --
Bowers: Mayor Corrie, City Council Members, we will not be able to look at any plans
tomorrow. We are in here from the -- and Thursday and Friday Joe is off. I'm sure we
would be able to get them looked through next week, to get them to you guys by the
end of the week.
De Weerd: That's great.
Bowers: But I didn't know --
Bird: But that don't give the -- that don't give --
Meridian City Council Meeting
October 2, 2001
Page 39
Bowers: But it doesn't give anybody a lot of time.
Bird: -- Mr. Nichols time to draw up the findings of facts and don't Walt time to look at
them. Is there anybody besides Joe that can do this? Is he the only fire inspector?
Morrow: Mr. Mayor, I don't have a problem if these are not until the 16th or to the --
whatever the next meeting is that you hear these issues. Certainly Mr. Nichols' point is
well made.
Corrie: The 23rd. That's fine.
Morrow: That's not an issue and I appreciate --
Corrie: The 23rd, is that -- is that non-land issues? Then we are looking at November
the 7th. Is that too long for you all?
Morrow: Obviously, to try to do it before that with reference to the 16th doesn't give any
of the players in this game a fair opportunity --
Corrie: That's right.
Morrow: -- to do whatever it is they think they need to do and so it appears to me that
the real decision that the Council needs to make, in fairness to Chief Bowers, is to give
him the time that he needs, to Mr. Nichols to give him the time that he needs and,
ultimately, the time that I might need, which is substantially less than they. My prior
review of the original findings of fact took about two and a half minutes to determine that
it wasn't actually accurate. So I don't need a lot of time. Whatever works for you folks is
fine with me.
Corrie: I wasn't here on those two times, so we won't go into the background on the
findings of facts.
Nichols: And, Mr. Mayor, Members of the Council, Mr. Morrow pointed out some
inaccuracies with regard to the actual Findings. We had taken some staff comments
and included those as though they were actual findings and they should not have been.
Corrie: Okay.
Nichols: And so -- and that's where the minutes come in and some of those other
things. So that was clearly not correct and Mr. Morrow was kind enough to point that out
to us.
Corrie: Then, Walt, do you have -- are you satisfied with the yth of November?
Morrow: That's fine.
Meridian City Council Meeting
October 2, 200 I
Page 40
Corrie: Okay. I appreciate your helping us on this. It's exasperating. You have been up
here before, you know what's happening, but Kenny, then you will have information
back to the Council for everybody and Walt and the attorney so we can work on this the
yth of November, the day after elections?
Bowers: Yes, we will, Mayor Corrie. To answer Councilman Bird's question, there is
one other person that does this and that would be the State Fire Marshal's Office.
Corrie: That's an added cost, so I think with this -- November yth is an adequate time for
our regular fire marshal to do that. Okay, Council, do you have any objections to tabling
this until the 7th --
Bird: No.
Corrie: -- and maybe we can get this thing put to bed. Okay. Do you have objections?
Okay. Then if that be the case, I will entertain a motion to table this until the November
7th meeting for all purposes.
Bird: So moved.
Anderson: Second.
Corrie: Motion has been made and seconded to have this tabled until the yth of
November. Any further discussion? All those in favor say aye. Opposed no.
MOTION CARRIED: THREE AYES, ONE ABSENT.
5 -J. Findings of Facts and Conclusions of Law for Approval:
AZ 01-011 Request for annexation and zoning of 9.79 acres
from RUT to C-G zones for Franklin Mini Storage by Ron
Osborne - 1975 East Franklin Road:
5 -K. Findings of Facts and Conclusions of Law for Approval:
CUP 01-024 Request for a Conditional Use Permit for the
construction of a storage unit on 9.79 acres with one
office/commercial pad for Franklin Mini Storage by Ron
Osborne - 1975 East Franklin Road:
Corrie: Walt, thank you very much for your patience. All right. Items J and K we need to
table until the 16th of October at the request of the applicant. Did we do that on --
Bird: We did. We did that one already.
Item 6.
Tabled from September 18, 2001: FP 01-015 Request for Final Plat
approval of 23 building lots and 5 other lots on 8.15 acres in an R-4 zone
Meridian City Council Meeting
October 2, 2001
Page 41
for Staten Park Subdivision by D'Alessio Building Development - south
of West Ustick Road and North Black Cat Road:
Corrie: I think we did. Okay. Thank you. All right. Now we are on Item No.6. This was
tabled from September 18, 2001, request for final Plat approval of 23 building lots and
five other lots on 8.15 acres in an R-4 zone for Staten Park Subdivision by D'Alessio
Building Development, south of West Ustick Road and North of Black Cat Road. Staff?
Stiles: Mr. Mayor and Council, I talked with Paul D'Alessio today. He has requested -- J
don't know if he sent something to Will, but he has requested over the phone that they
have until -- that this be tabled to November ih to have their engineer review some of
the red lines on the construction drawings.
De Weerd: Mr. Mayor.
Corrie: Mrs. de Weerd.
De Weerd: I move that we table request for Final Plat of approval of 23 building lots
and five other lots for Staten Park Subdivision to November 7, 2001.
Bird: Second.
Corrie: Motion made and seconded to table Item No.6 until November 7, 2001. Any
further discussion? Hearing none, all in favor of the motion say aye. Opposed no?
Motion carried.
MOTION CARRIED: THREE AYES, ONE ABSENT.
Item 7.
Continued Public Hearing from September 4, 2001: AZ 01-010
Request for annexation and zoning from R1 to C-G zones for Podiatry
Building by Smith Brighton, LLC -1065 East Fairview Avenue:
Corrie: Item No. 7 is a continued Public Hearing from September 4th, request for
annexation and zoning from R1 to C-G zone for Podiatry Building by Smith Brighton
LLC, 1065 East Fairview Avenue. At this time I will continue the Public Hearing on this
item and invite staffs comments first.
Stiles: Mr. Mayor and Council, the owner of the property previously requested that this
be continued due to the fact that their prospective buyer of the property apparently
backed out and they didn't have any time, they thought they would be able to evaluate
where they were at. I don't know if they submitted anything new to the City Clerk's
office, but --
Corrie: Was that a rhetorical or was that a question for the Clerk?
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October 2, 200 I
Page 42
Stiles: Well, I don't know where -- I mean there is no reason for us not to annex it, but if
they have withdrawn their consent, which they really haven't withdrawn their consent,
but it's just that little podiatry office there on Fairview that should be annexed, because
it's really an enclave.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: Has public notice been set up and everything?
Stiles: I don't know if it -- you mean the posting of the property?
Bird: Yes.
Stiles: I believe it was for the one on September 4th, but as it's continued, I don't know
that there is a separate requirement to post it again.
Corrie: Okay.
Nichols: Mr. Mayor.
Corrie: Mr. Nichols.
Nichols: Once the property has been properly posted for the first public hearing and the
hearing is opened and then continued, that's adequate notice.
Bird: It has been noticed, you're sure of that?
Stiles: Yes.
Bird: The letter we got in August said that they had not posted, but they -- we felt to
give public notice ten days prior. This property was not posted.
Stiles: I couldn't absolutely attest that it was. We didn't go out --
Corrie: Mr. Berg.
Berg: Mr. Mayor, we re-noticed this and I think we've had in our file that they did post
the property for the September 4th meeting.
Corrie: Okay. Is the applicant here tonight? Let the record show that the applicant isn't
here tonight. Is there anyone from the public that would like to enter testimony, since
this is a continued public hearing? Let the record show nobody wants to testify. Council,
discussion on this before we close the public hearing?
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October 2, 200 I
Page 43
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: You know, they brought it forward and the one correspondence we got was the
only reason they wanted to table this was because of the simple fact that they hadn't
posted it in time, so Shari hasn't got a definite not want to do it. I say let's go forward
and get the thing done, instead of keep -- instead of keep bringing it on and on and on. [
mean they made the application and evidently they were happy at that point with it, so [
say let's go, get it off the --
Anderson: I agree.
De Weerd: I agree.
Corrie: Okay. Then I will entertain a motion to close the public hearing.
Bird: So moved.
Anderson: Second.
Corrie: Motion made and seconded to close the public hearing. All those in favor say
aye. All ayes. Motion carried.
MOTION CARRIED: THREE AYES, ONE ABSENT.
Corrie: Any further discussion on the request for annexation and zoning? Hearing none,
I will entertain a motion on the request.
Anderson: Mr. Mayor.
Corrie: Mr. Anderson.
Anderson: We will make a motion that we approve the request for annexation and
zoning from R1 to C-G zone for the podiatry building for Smith Brighton, LLC, 1065 East
Fairview Avenue and instruct the city attorney to draft the appropriate Finding of Fact
and Conclusions of Law and Decision of Order.
Bird: Second.
Corrie: Okay. Motion has been made and seconded to approve the request for
annexation and zoning for the podiatry building, for the attorney to draw up the proper
Findings of Facts and Conclusions of Law. Any further discussion? Hearing none, Mr.
Berg, roll call vote.
Roll-Call: Bird, aye; De Weerd, aye; McCandless, absent; Anderson, aye.
Meridian City Council Meeting
October 2, 2001
Page 44
Corrie: All ayes, one abstaining -- not abstaining, absent. Motion is carried.
MOTION CARRIED: ALL AYES, ONE ABSENT.
Item 8.
Public Hearing: PFP 01-004 Request for Preliminary/Final Plat approval
of 3 building lots on 2.85 acres in an L-O zone for proposed Treasure
View Subdivision by Pinnacle Engineers, Inc. - 3500 East Magic View
Drive (southeast of East Magic View Drive and South Allen Street):
Corrie: Item No.8 is a Public Hearing, request for Preliminary and Final Plat approval
of three building lots on 2.85 acres in an L-O zone for proposed Treasure View
Subdivision by Pinnacle Engineers, Inc., 3500 East Magic View Drive. At this time I will
open the Public Hearing on the proposed Preliminary lat 01-004. Staff comments first.
Stiles: Mr. Mayor and Council, I erred in not informing the public -- or the City Clerk's
office that a Preliminary/Final Plat does not require a public hearing at City Council, but
since it's noticed anyway and we are here, so just for the record. You have the
recommendations from the Planning and Zoning Commission. This is an application that
was previously before you as a Conditional Use Permit. It has the extension of St.
Luke's Road across from the hospital and that construction has already been
completed. This road has been constructed down to align with Allen Street. The one lot
that they had a Conditional Use Permit for two buildings on, they are now proposing a
three-lot subdivision. There are some clarifications that need to be made to the
recommendation and I'm going to need Jonathan's help on one item here, but I will
cover this -- I will briefly cover it. On page two, item two, Mr. Steel had a question on the
requirement to bond for the irrigation and landscaping prior to signature on the Final
Plat. The Planning and Zoning Commission did recommend that the landscaping only
had to be constructed as the individual building lots were constructed, which would also
negate the need for the common lot. But I did have a question of how the pressurized
irrigation was going to be put in or how they were going to have that underground
irrigation provided for. Also on -- it's actually on the very top of page three, part of
paragraph four, just to clarify, their recommendation was -- instead of the determined by
site, should read, for each lot.
Bird: Where was that at, Shari?
Stiles: Pardon?
Bird: Where was that at?
Stiles: Top of page three, it would be the second line on page three.
Bird: Oh. Okay.
Meridian City Council Meeting
October 2, 200]
Page 45
Stiles: On page six, paragraph 30 -- I think we have run into this before as far as a
recommendation from Central District Health Department being made a requirement
about the storm water being pre-treated through a grassy swale. I didn't know if Mr.
Nichols had come up with some alternative language there, but I would suggest that the
-- at the end of the paragraph it says something to the effect of: If such pre-treatment is
determined to be necessary by the city engineer. Maybe Mr. Nichols could comment on
that.
Nichols: Mr. Mayor.
Corrie: Mr. Nichols.
Nichols: Mr. Mayor, Members of the Council, Shari, what we have been doing is we
have changed that in the Findings to include a best practices --
Stiles: Okay.
Nichols: -- recommendation that essentially allows more flexibility with regard to how
the groundwater -- or I mean the storm water treatment is done. And we started that
with the new high school issues in the parking lot and changed those from a grassy
swale to a best practices method and that seems to work better, so --
Stiles: I just wanted to note that and if I miss something Mr. Steel can let me know.
Corrie: Okay. Thank you. This is a public hearing. The developer. Jonathan.
Steel: Good evening. Jonathan Steel, W.H. Moore Company, 600 North Steelhead,
Boise, Idaho. Just a couple things. Make it short and sweet. On Item NO.2 I mentioned
to Shari the very first step it says a new landscape plan. I'd just like to put a new
perimeter landscape plan, because it is for the perimeter area, not for the interior.
Again, as Shari says, yes, we would strongly request that the letter of credit or that type
of requirement be eliminated, because we do have the certificate of occupancy on each
one of the lots and basically you still have the hammer. So I don't think that that's
unusual to developing individual lots. On number four, maybe it's just me, where it say a
certificate of occupancy shall not be issued for any building within the subdivision prior
to installation of required landscaping, I'd like to say, for that Jot. In other words, it's for
each specific lot, so instead of the parenthetical or for each lot as --
Bird: Shari said that.
Steel: Yes. Other than that, I think that's it. Shari's talked about the findings. She's
mentioned Item 31 in the back. And, again, yes, I agree, I'd like to see that eliminated. I
think Item 31 addresses that and so other than that, as far as the question -- as far as
the pressurized irrigation, essentially it would be the same thing we did for the project
on the west side of Allen Street where we have Mountain West Bank and Lincoln Plaza,
there is an existing well there. We will go ahead and utilize that for irrigation as we are
Meridian City Council Meeting
October 2,200 I
Page 46
doing over there. There is a well there connected to the house and water resources
have allowed us to connect to that for irrigation. So with that I have no other comments.
Corrie: Okay. Any questions?
Bird: I have none.
Corrie: Okay.
Steel: Thank you very much.
Corrie: Well, since it was advertised as a public hearing, is there anyone from the
public that would like to issue testimony? Okay. Thank you.
De Weerd: Mr. Mayor.
Corrie: Mrs. de Weerd.
De Weerd: I move we close the public hearing.
Bird: I second it.
Corrie: Motion made and seconded to close the public hearing on Item No. PFP 01-
004. All those in favor of the motion say aye. All ayes. Motion carried.
MOTION CARRIED: THREE AYES, ONE ABSENT.
Corrie: Any discussion on the request?
Bird: I have none.
De Weerd: I have none.
Corrie: Okay. Hearing none, I'll entertain a motion on the request.
De Weerd: Mr. Mayor.
Corrie: Mrs. de Weerd.
De Weerd: I'll move we approve the request for Preliminary and Final Plat for approval
of three building lots on 2.85 acres in an L-O zone by Treasure View Subdivision to
include the following changes to the recommendation by Planning and Zoning: On
page two, item two, to add perimeter in the first sentence after a new and delete the last
sentence of that item. On page three, top of the page, to delete the parenthesis
statement, determined by site, and replace it for each lot. And on page six, item number
Meridian City Council Mceting
October 2, 200 I
Page 47
30, to refer to the practices as discussed by the city attorney. To ask the attorney to
draw up appropriate Findings of Facts and Conclusions of Law and Decision of Order.
Bird: Second.
Corrie: Okay. Motion to approve the Preliminary Plat with the motion that's been stated.
Any further discussion? Hearing none, roll call vote, Mr. Berg.
Roll-Call: Bird, aye; De Weerd, aye; McCandless, absent; Anderson, aye.
Corrie: All ayes. Motion carried.
MOTION CARRIED: THREE AYES, ONE ABSENT.
Item 9.
Public Hearing: PFP 01-003 Request for Preliminary/Final Plat approval
of 2 building lots on 4.04 acres in an I-L zone for proposed Heartwood
Subdivision by Pinnacle Engineers, Inc. - northwest corner of West
Franklin Road and North 10th Street:
Corrie: Item No. 9 is a public hearing. This is a request for a Preliminary and Final Plat
approval of two building lots on 4.04 acres in an I-L zone for proposed Heartwood
Subdivision by Pinnacle Engineers, Inc. At this time I will open the public hearing. Staff.
Stiles: Mr. Mayor and Council, this is for the property that was previously approved, I
believe, a project under Howell. If you may recall, they had two buildings on this existing
lot at the northwest corner of Franklin Road and West Tenth. They are now requesting a
two lot subdivision as part of their -- as their request tonight. As for the
recommendations, they had similar comments about -- on page six, the item -- or
paragraph 34 probably could just be deleted, because of number 35. And also on page
one it refers -- paragraph seven, it refers to division of four lots into two lots. That should
be division of one lot into two lots -- two lots. And with that we would recommend
approval with the -- all staff and agency conditions.
Corrie: Again, any questions for staff?
Bird: I have none.
Corrie: Okay. Is the applicant here this evening?
Kercum: I'm Kirby Kercum with Pinnacle Engineers, 12552 Executive Drive in Boise.
I'm representing on behalf of Heartwood LLC. As the staff stated, it's for just over four
acres located in the northwest corner of West Franklin and North Tenth Street, I-L, light
industrial zoning. We are looking for a Preliminary and Final Plat approval for two
buildable lots out of the current parcel there. We do have an existing Conditional Use
Permit for the site that was approved on July 5, 2000, for basically a two-office
warehouse building, the 22,400 square foot on the east and the 31,800 square foot on
Meridian City Council Meeting
October 2, 200 I
Page 48
the west. Utility services are currently provided to the site. There are sewer and water
stubs for that. We agree with the recommendations and findings of the staff. However,
on -- with a couple minor modifications on comment two on page two we are -- we'd like
to ask that the landscaping go with each lot as constructed there, so we don't have that
period where you have a little landscaping strip and the other lot open where -- basically
ten foot or something for the landscaping and then weeds right next to it as well. So we
asked for that change along there, that it not be installed as -- per lot -- per lot as each
lot is constructed. And then the only other -- the only other item we have would be item
number eleven. We would ask that the statement be added to the beginning stating that
prior to the issuance of building permits on each individual lots be added to the
beginning, that way we are not held up on Final Plat for approval on that. Each -- the
storm drainage -- now this will be handled by each individual lot development and so we
just would like to add that statement onto the beginning to -- to just be with prior
issuance of the building permit. Other than that, we agree with all the staff findings. It
fully complies with the Meridian Subdivision Ordinance and I'd like to recommend that to
you.
Corrie: Council, any questions?
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: What kind of -- are you putting a fence down the west side of the property
between that -- between you and the residential development there?
Kercum: There is currently a --
Anderson: A storage unit.
De Weerd: No. That's to the west of it.
Bird: Not on the west side.
Anderson: Oh, the west side.
Kercum: There is certainly a small fence existing there, but there are -- let's see, quite a
few pretty big trees along there and we are putting in another four trees along that
boundary, as well as a 20 foot landscape buffer. That should be adequate in our
opinion.
Bird: To keep the dirt -- or not the dirt, but the trash and stuff from blowing out over into
the property and stuff?
Kercum: There is a barbed wire fence there and --
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October 2, 2001
Page 49
Bird: That's a barbed wire fence, yes.
Kercum: There has not been one proposed there, no.
Corrie: Any questions? Staff, do you have any comments on the request of -- the two
on page two and item eleven on page three?
Stiles: The item 11 would be fine. That's typically how the building department does it,
the Public Works department. However, on number two there was the adjacent
residential property owner did come in and testify and it was made pretty clear that that
landscaping should be installed adjacent to it before any of building permit. And also as
Franklin Road is an entryway corridor and the property has not been maintained
consistently, I guess you could say, and for consistency along that entryway corridor,
we would still request that be a common Jot and that the landscaping be installed prior
to occupancy along the entire frontage of Franklin Road.
Corrie: Any comments to staffs statements?
Whitney: I'm sorry. Ron Whitney, representing Heartwood LLC. I'm at 1412 West Idaho,
Boise. I just -- and Shari was mentioning that the common lot would be required and I
think it was specifically removed at the Planning Commission because of the prior CUP
approval, item two specifically says that the addition of a common lot for landscaping
will not be required. And with regards to the issue of the fence along the west property
line, I think that was addressed at Planning Commission also at the request of that
property owner and that's when the landscaping along the western boundary being
installed at the time of the first occupancy permit was put in there as well. It was kind of
a mitigation between whether a fence was better or the landscaping was better and
everybody apparently agreed to put the landscaping in.
Corrie: Okay. Is there anyone else from the public that would like to issue testimony on
this issue? Okay. Council, any questions before we close the public hearing?
Bird: I have none.
De Weerd: I have none.
Corrie: Okay. I'll entertain a motion to close the public hearing.
Anderson: So moved.
Bird: Second.
Corrie: Motion made and seconded to close the public hearing on Preliminary and Final
Plat 01-003, Heartwood Subdivision. All those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: THREE AYES, ONE ABSENT.
Meridian City Council Meeting
October 2,200]
Page 50
Corrie: Discussion?
De Weerd: I have none.
Sird: I have none.
Corrie: Mr. Anderson, any discussion?
Anderson: I have none.
Corrie: Okay. Hearing none, I will entertain a motion for the request for Preliminary Plat
on Heartwood Subdivision.
De Weerd: Mr. Mayor.
Corrie: Mrs. de Weerd.
De Weerd: I move we approve the request for a Preliminary/Final Plat approval of two
building lots on 4.04 acres in an I-L for proposed Heartwood Subdivision with the
following changes to the recommendations by Planning and Zoning. On page one, item
seven, change four lots to one lot. On page three, item 11, to reference for each lot, as
suggested by the applicant and agreed on by staff, and on page six to delete items
number 34, to ask the attorney draw up Findings of Fact and Conclusions of Law and
Decision of Order.
Sird: Second.
Corrie: Okay. Motion has been made and seconded to approve the request for
Preliminary Plat with motion stated with the changes made on items two, page two; item
eleven, page three; and item 34 on page six. Any further discussion? Hearing none, roll
call vote, Mr. Sergo
Roll-Call: Sird, aye; De Weerd, aye; McCandless, absent; Anderson, aye.
Corrie: Okay. All ayes. Motion carried.
MOTION CARRIED: THREE AYES, ONE ASSENT.
Item 10.
Public Hearing: CUP 01-026 Request for a Conditional Use Permit for
the addition of a Drive-up window and Drive-Thru lane in a C-G zone for
Moxie Java by Avest Limited Partnership c/o Dakota Company - North
Locust Grove Road and East Loop Lane:
Corrie: Item NO.1 0 is a public hearing, request for a Conditional Use Permit for the
addition of a drive-up window and drive-thru lane in a C-G zone for Moxie Java. This
Meridian City Council Mceting
October 2, 200]
Page 51
has been -- a request to be moved to the October the 16th meeting. Since it is a public
hearing I will open the public hearing and ask if there is anyone here that would like to
issue testimony on this at this time? Okay. Hearing none, I will entertain a motion to
continue this public hearing until the 16th of October.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move we continue the public hearing for the request of a Conditional Use Permit
for the addition of a drive-up window and drive-thru lane in a C-G zone for Moxie Java
by Avest Limited Partnership c/o Dakota Company until October 16, 2001.
Anderson: Second.
Corrie: Okay. Motion has been made and seconded to continue the public hearing on
Item No. 10, CUP 01-026, until October 16, 2001. All those in favor of the motion say
aye. All ayes. The motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 11.
Public Hearing: AZ 01-013 Request for annexation and zoning of 4.24
acres from M-1 to I-L zones for Coors Distributing by Coors Distributing
Co. - 3225 Commercial Court:
Corrie: Item No. 11 is a public hearing, request for annexation and zoning of 4.24 from
M-1 to I-L zone for Coors Distributing by Coors Distributing Company, 3225 Commercial
Court. I will open the public hearing and invite staffs comments first.
Stiles: Mr. Mayor, Council, this was as a -- this request for annexation was as a result
of the hook up to city sewer and water and I'd really like to thank the Coors Distributing
Company for being so responsive. As soon as they signed the agreement for
annexation they immediately came into our offices and found out what they needed to
do and they were more than willing to do it and we will certainly appreciate having them
as part of the City of Meridian. So we will recommend approval with the -- let me see if
there was anything I needed to change. I think on page number two, item three, I
wanted to clarify that. I believe the landscaping was going to be brought into compliance
should they want to add on or do any redevelopment of the parking lot, something like
that, but not at this time. And just to clarify, on the first line of page three, to insert
interior between beyond and remodeling and change the position of existing and
buildings, so that the paragraph would read: A five foot sidewalk shall be required along
Eagle Road upon redevelopment beyond interior remodeling of the building existing at
the time of annexation. I don't know that that particularly clarifies it anymore for you, but
it did for me. Other than that, I'd like to welcome them to Meridian and recommend
approval of the annexation.
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October 2, 200 I
Page 52
Corrie: Okay. Thank you. I know the representative from Coors is here, so if you'd like
to -- this is a public hearing, jf you'd like to say anything. Okay. No comment. He's
anxious to get it done.
De Weerd: Mr. Mayor.
Corrie: Mrs. de Weerd.
De Weerd: It's really unfortunate that there are no problems, since I looked forward to
giving Herb a hard time, but --
Corrie: Is there anybody else from the public that would like to issue testimony in this?
Okay. Hearing none -- staff, any other comments for the record? Hearing none, 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 on the request for
annexation, 01-013. All in favor of the motion say aye. All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Corrie: Any other discussion? Hearing none, I'll entertain a motion, then, for the
annexation.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move that we approve the request for annexation and zoning of 4.24 acres from
M-1 to I-L zone by Coors Distributing and Colorado -- or by Coors Distributing
Company, 3225 Commercial Court with staffs recommendation and changes and for
the attorney to draw up the Findings of Facts and Decision of Order and -- Findings of
Facts and Conclusions of Law and Decision of Order.
Anderson: Second.
Corrie: Motion's been made and --
Anderson: I thought you were going to say Colorado Kool-Aid like you usually do.
Corrie: Motion has been made and seconded to approve the request for annexation
and zoning with the staffs conditions on the Coors Distributing. Any further discussion?
Hearing none, roll call vote, Mr. Berg.
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October 2, 200 I
Page 53
Roll-Call: Bird, aye; De Weerd, aye; McCandless, absent; Anderson, aye.
Corrie: All ayes. Motion carried.
MOTION CARRIED: THREE AYES, ONE ABSENT.
Item 12.
FP 01-016 Request for Final Plat approval of 115 building lots and 18
other lots on 28.58 acres in an R-8 zone for Macaile Meadows
Subdivision by Hillview Land Development, LLC - south of East Fairview
Avenue and west of North Cloverdale Road:
Corrie: Item No. 12 is a request for Final Plat approval of 115 building lots and 18 other
lots on 28.58 acres in an R-8 zone for Macaile Meadows Subdivision by Hillview Land
Development, LLC, south of East Fairview Avenue and west of North Cloverdale Road.
Staff comments first.
Stiles: As much as I would really like to cause Jim some problems on this one, too, I
would recommend approval with staff and agency conditions and I'd also like Jim to
explain the issue of the road and how that's going to be an easement through Seventh-
day Adventist property. Is that going to be always an easement and never a public road
or -- I guess you need to -- if you could answer that question for me, that's something
that I'm curious about. And if that causes any concerns for emergency vehicles.
Corrie: Okay. Jim.
Merckle: Mr. Mayor, Members of the Council, I'm Jim Merckle of Hillview Land
Development. The way it was negotiated between the Highway District and the
Seventh-Day Adventist Church -- and that was approved before the Council for the
Preliminary Plat, it was either/or, a connection to Fairview or to Cloverdale was the
Highway District's original condition. And what was negotiated out was a road out to
Cloverdale on the easement, because, as the Highway District said, it was a temporary
location, it may be relocated in the future, but it would always be there until another
access, either to go back to Fairview or Cloverdale. So right now it's an easement to the
Highway District for public access -- to provide our public access to the project, in
addition to the one to the south. So that's how it was presented and approved at the
Preliminary Plat and approved by the Commission -- the ACHD Commission.
Corrie: Okay. Shari? Does that answer your question then? Chief?
Stiles: Both chiefs have indicated that won't be a problem for them, but--
Corrie: Okay. Good sport. All right. Thank you, Jim.
Merckle: Thank you.
Corrie: Any questions?
Meridian City Council Meeting
October 2, 2001
Page 54
Merckle: The last thing was the conditions from staff that Shari mentioned are fine. We
met with staff -- with Freckleton -- Mr. Freckleton and A-Okay.
Corrie: Okay. Very good. Thank you.
De Weerd: You guys turned this around very quickly.
Corrie: Okay. Any other discussion?
Bird: I have none.
Corrie: Hearing none, I will entertain a motion, then, on the request for Final Plat on
Macaile Meadows Subdivision.
De Weerd: Mr. Mayor.
Corrie: Mrs. de Weerd.
De Weerd: I move that we approve the request for Final Plat approval of 115 building
lots and 18 other lots on 28.58 acres in an R-8 zone for Macaile Meadows Subdivision,
to employ all staff comments and ask the attorney to draw up Findings of Facts and
Conclusions of Law and Decision of Order.
Bird: Second.
Corrie: Okay. Motion has been made and seconded to approve the Final Plat of
Macaile Meadows with -- as the motion stated, with staff comments and the attorney to
draw up Findings of Facts and Conclusions of Law. Any further discussion? Hearing
none, roll call vote, Mr. Berg.
Roll-Call: Bird, aye; De Weerd, aye; McCandless, absent; Anderson, aye.
Corrie: All ayes. Motion carried.
MOTION CARRIED: THREE AYES, ONE ABSENT.
Item 13.
TE 01-008 Request for a One-year Time Extension on the Preliminary
and Final Plat originally approved on October 3, 2000 for Resolution
Subdivision No.2 by G.L. Voight Development - Overland and Locust
Grove Roads:
Corrie: Item No. 13 is a request for a One-year Time Extension on the Preliminary and
Final Plat originally approved on October 3, 2000, for Resolution Subdivision No.2 by
G.L. Voight Development, Overland and Locust Grove. Staff?
Meridian City Council Meeting
October 2, 200 I
Page 55
Stiles: Mr. Mayor and Council, this is for the property that was approved with the
apartments and some retail and office use at the southwest -- southeast corner of the
Locust Grove and Overland. They are still proceeding with phase one. However, they
need to have a time extension both for the Preliminary Plat, as our ordinance requires
that a phased project needs to be submitted in successive intervals of one year and
also the extension to allow their final plat to be submitted in another year, which would
give them to October 3, 2002, if the Council so moves.
Corrie: Okay. Any questions of Council?
De Weerd: I have none.
Bird: I have none.
Corrie: Okay. I'll entertain a motion on the request for the time extension.
Anderson: Mr. Mayor.
Corrie: Mr. Anderson.
Anderson: I would make a motion that we approve the request for a one-year time
extension on the Preliminary and Final Plat that was originally approved on October 3,
2000 for Resolution Subdivision NO.2 by G.L. Voight Development, Overland Road and
Locust Grove Road.
De Weerd: Second.
Corrie: Motion made and seconded to approved the one-year time extension request
for Resolution Subdivision No.2 by G.L. Voight Development. Any further discussion?
Hearing none, all those in favor of the motion say aye. All ayes. Motion carried.
MOTION CARRIED: THREE AYES, ONE ABSENT.
Item 14.
Resolution No.
manual for holidays:
: Amending personnel policy
Corrie: Item No. 14 is a resolution, Number -- Mr. Clerk? 01-370. Okay. If the City
Clerk would read the Resolution No. 01-370 by title only at this point.
Clerk: Thank you, Mr. Mayor, Members of the Council. Resolution No. 01-370,
Employee Classification Compensation and Benefits, Subsection C3, Employee
Benefits, Subject Revision. A Resolution of the City Council of the City of Meridian
repealing Section Four, Employee Classification Compensation and Benefits,
Subsection C3, holidays of the personnel policies manual to delete Columbus Day and
adding the day after Thanksgiving as a recognized holiday.
Meridian City Council Meeting
October 2,2001
Page 56
Corrie: Is there anyone from the public that would like to have the resolution read in its
entirety? Hearing none, Council, I'll entertain a motion for Resolution No. 01-370.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move that we approve Resolution 01-370, for the Mayor to sign and Clerk to
attest.
Anderson: Second.
Corrie: Motion has been made and seconded to approve Resolution No. 01-370. Any
further discussion? Roll call vote, Mr. Berg.
Roll-Call: Bird, aye; De Weerd, aye; McCandless, absent; Anderson, aye.
Corrie: All ayes. Motion carried.
MOTION CARRIED: THREE AYES, ONE ABSENT.
Item 15.
Discussion of Ada County Application Powder River Project and the
definition "Municipal":
Corrie: The next item is Item No. 15, discussion of Ada County Application Powder
River Project and definition Municipal. I would -- the Chair yields to Mrs. de Weerd on
this. I would -- before I do that, I have a letter here that went out on April 19th to the Ada
County Commissioners. I can make copies of it again if you like. This is where I stated
that Ada County will not approve housing projects in the City of Meridian Area of Impact
of any higher density than the County Comprehensive Plan privilege allows until
municipal water and sewer services are available. They define municipal as a primary
urban political unit and incorporate, issues, statutes, and powers of self-government.
This I don't think may be the same term that Ada County Planning staff has, but we sent
that letter in April. So with that, then, you were at that meeting, I believe. Can you kind
of tell us what the status is on --
De Weerd: Mr. Mayor, I do have a draft copy of the minutes for that, if the attorney
wanted to look at it. The Commissioners have left the record open until tomorrow at
5:00 for any additional comment. The city -- or the county attorney did request the city's
definition of Municipal so they can enter it into their records. They are anticipating
having to go to court over this if they deny it, so they do want to make sure that they
have an official copy of our definition of Municipal and we may want to also include
where Municipal is referenced in the Comp Plan and in ordinance form. So with that --
that is what they asked for specifically. We may want to reiterate the reasons for
denial of Powder River. Westborough was officially denied, so right now at this point it's
only Powder River that's open for that. I would like to thank Joe Silva and Brad Watson
Meridian City Council Meeting
October 2, 200 I
Page 57
for testifying on behalf of the City of Meridian and what -- restating what the City's
issues were and concerns of these subdivisions being recommended in our area of
impact and not contiguous or seNiceable at this time.
Corrie: Mr. Nichols.
Nichols: Mr. Mayor, Members of the Council, I have prepared a memorandum with
some supporting authority, which I did after I got back into town yesterday, that looks at
the word -- definition of the word Municipal as it's found in the state statutes. I couldn't
find a definition of Municipal in the City code, but I have a copy of this memo, the
original for the Mayor and one for each of the Council members, the Clerk, and Ms.
Stiles. And she's got something that she wants to say, so before I put my two bits in I
will let her --
Corrie: Shari.
Stiles: I just wanted to add that our -- the letter that we sent to them does refer to many
instances of municipal services and also our Comprehensive Plan does specifically
state city-owned services. So if they are looking at it through our Comprehensive Plan,
which through our area of impact agreement is ruling, that should be sufficient as far as
I'm concerned. I don't know, but --
Nichols: Mr. Mayor, Members of the Council, Shari's correct, that does give us several
things and if you look at the state code there is a specific title for municipal corporations
and there is a secondary -- or another title which covers the irrigation districts and that's
where you find the sewer districts. It's under the irrigation district law, it's not under the
city law. So where they refer to that issue in the Comprehensive Plan with regard to
sewer plans, they can't -- they must be municipal services and they cannot conflict with
or be contrary to any -- I think the term was area wide or regional plans. And we have
the sewer master plan, which Brad very carefully pointed out in his memo and his
testimony and the different things that were submitted to the Commissioners, so I think
there is enough. We can give this to the county. If it's your pleasure you can -- I mean
it's a two-page memo, it's not a long one. You can look at it and if that's what you want
to forward onto the county, we will do that, as well as the other things. So with that I will
pass these out.
Corrie: I believe that should be post haste.
De Weerd: Yes. That's due by 5:00 tomorrow.
De Weerd: Mr. Mayor.
Corrie: Mrs. de Weerd.
De Weerd: I think this is very well written. I would want special reference, as Mrs. Stiles
has pointed out, about city-owned that's referenced in the Comprehensive Plan. I think
Meridian City Council Meeting
October 2, 200 I
Page 58
that also carries weight as to our definition as shown in an adoptive plan and also
adopted by the county.
Corrie: j presume you want that included into this memo?
De Weerd: Yes, please.
Corrie: Okay. And we can -- Mr. Nichols, can you do that?
Nichols: Mr. Mayor, Members of the Council, I can certainly -- you either do that or if
Shari wants to put a supplemental memo together and just go with this and this can be
provided to the county. It's quicker. I can't--
Corrie: Mrs. de Weerd.
De Weerd: They have strategic planning tomorrow.
Corrie: Oh, that's right, we do. Yes.
Nichols: What I need, then, is I need the specific reference in the Comprehensive Plan
and I will put together a memorandum and does this need to go to Jeff Patlovich or who
does it go to?
Stiles: I would send it to Jeff Patlovich and individually to each councilman -- or each
Commissioner.
Nichols: Okay. And what's the best way to get those there?
Stiles: I believe their e-mail address is on the Internet and, I don't know, it wouldn't hurt
to --
De Weerd: By fax.
Stiles: -- fax them, hand deliver them.
Nichols: Okay.
Stiles: What I will do is have somebody over at my office or I'll run over there at noon,
Bill, and e-mail you the letter that was sent that has all that Comprehensive Plan
analysis as part of the letter.
Nichols: Okay.
De Weerd: Mr. Mayor.
Corrie: Mrs. de Weerd.
Meridian City Council Meeting
October 2, 200 I
Pagc 59
De Weerd: I'd like to thank Mr. Nichols for that. I think it will help solidify a denial of that
application.
Corrie: Okay.
De Weerd: Mr. Mayor.
Corrie: Mrs. de Weerd.
De Weerd: Will we still be able to discuss the election?
Corrie: The election?
De Weerd: The mill levy election information?
Corrie: Well, I think since we didn't have -- I got a mill levy outline I'll give to each of you
and then we can discuss it there. We just took up all that time in the executive session.
Brad, you will take care of that, then, right?
Watson: Yes, Mayor.
Corrie: Thank you. Okay. Some of the things that we need to -- I think this is just some
of the things that I have prepared while I was sitting on the beach breaking a leg and
arteries and everything else. One is we need to do a newspaper information ad. I talk to
Frank, I talked to the local reporter, I have also talked to the Statesman, that we can put
in information to clarify what the mill levy is and the way it's to be done, pretty similar to
what Stacy has given us there and also Rod has given on the White, and then the
television to all the different channels explaining the levy and why it's needed. I have
contacted Channel 6, Channel 7, and Channel 2. I haven't had a chance to talk to them
yet and 12, but being able to get on the television as much as possible and explain the
mill levy. Three is leaflets to local businesses. If nothing -- I understand we can't do
anything that says vote yes or no, but we can say to please don't forget to vote on the
mill levy, question number six, is that correct, Bill?
Nichols: Mayor and Members of the Council, that is correct. You cannot advocate a
position --
Bird: Right.
Nichols: -- in that stuff as much as you might like to, but you can just layout the facts,
what it would do.
Corrie: Also water bill notices, we can get those in the water bill. I thought using that
space down below, which is right on the water bill, the flier. I have had a lot of people
tell me that the last election they thought it was flier and something else and they
Meridian City Council Meeting
October 2, 200 I
Page 60
disregarded it. I'd like to put that in a red box down there and so that they will read that
as part of the bill, maybe the same thing, don't forget to vote on the mill levy question or
some other statement you want to do. The department heads, employees to work in the
neighborhoods, if possible, and we discussed that a little bit in the department head
meeting, but not a whole lot, because I wanted to make sure the Council has approved
of that type of thing, if we can. Mayor and finance director and Council speak as often
as possible to citizens in service trunk meetings. I believe that Tammy has set up some
meetings and I know I have and if the Council can set up any other meetings for us or
with Stacy, whatever can be done there, we could do that. Now that's just a preliminary
that I'm sure we have other things we can do, but I leave that for discussion at this time.
De Weerd: Mr. Mayor.
Corrie: Mrs. de Weerd.
De Weerd: I understand there is several individuals or businesses that have offered to
put some money towards advertising and/or copies on informational pieces of literature
to support a mill levy entry. I would suggest -- and we have had -- and I believe you
have had a number of citizens who have offered to be involved, that, you know, I just
firmly believe that these need to come from a citizen's grass roots level and that the
October 1 ih Kiwanis Club meeting and the October 29th Rotary meeting that I have set
up for the mill levy presentation be done by a citizen. I think it's a stronger statement if it
comes from one of our community members who has indicated they want to get
involved. Lynn Rupe has offered to do any presentations we would like her to, to be
involved in the citizen groups and I believe that it just sends a stronger message coming
from the citizens, rather than from their elected officials. There is some distrust of
government and even though we are taxpayers and citizens our self, I think the
message comes out stronger and clearer by our citizens directly.
Corrie: Would she want to use some of our materials?
De Weerd: Yes.
Corrie: Okay. Good.
De Weerd: She could meet with the finance director and, you know, be well versed in
the presentation and even going door to door. I think a citizen's group would be more
than willing to help in that aspect. I do believe that our message is what happens if it
doesn't pass. We do need to have a solid answer to that question. So maybe that's
something we want to discuss at the workshop or if we want to get together with a
citizen's group to discuss that. I think it's very important that people have that
information when they make a decision on if they vote yes or no. they know what
happens if they vote no.
Corrie: Any other comments?
Meridian City Council Meeting
October 2, 2001
Page 61
Bird: I have none. I made my statements at the --
Corrie: I think you will be asked a lot of questions.
Bird: I have no problems standing up for it at this point. Like I told you this afternoon, a
year ago I wouldn't have said the same thing, but in the same token I don't want to think
of what will happen if it isn't passed and I'm not going to go into it looking at that aspect.
I think it will pass. I think it's good to sell. I agree with Tammy that the less us elected
officials have to do with it in the open -- I mean we can supply the material and stuff __
the better off we are. I think the biggest seller point is that, hey, we are taking you up to
a four oh, but if the growth keeps up you're not going to be there very long, you're going
to start coming down. I think another selling point is to the citizens of Meridian who has
to pass on this, is you get your choice -- and I know this is something that is going
around within the community that certain people would love to see it pass, is get a fire
commission. Well, I'm, for one, a city citizen that will never vote in favor of that, because
J don't want to pay 21 -- .21 on my taxes for fire protection alone when I can pay .40 for
the whole shot. So I think stuff like that needs to be brought out, but, Mr. Mayor, I think
that Tammy hit it on the head. I think we need to get somebody like Linda Rupe -- is that
right? Rupe? And I think there is other people within the city that will get out and do it
for us and you have had people and I think it just sounds much better coming from
them, but -- and, yes, you know, in the campaign it's going to be asked a lot and I think
we just need to make sure that the people understand that, you know, with our growth
and everything it's not going to stay at four oh, that if we don't pass this in two years we
will be at two five.
Corrie: I see can Frank sitting back there. Frank has given his whole-hearted support
for us and we have given it to him and I think -- I think it will go this time. I think we have
the Chamber of Commerce and local businesses behind us as well. I think they are for
it, the ones I talked to today. I haven't been in Chamber very often, but I did get a
chance to talk to some of them and they -- I asked them about this -- like putting
something in the window and they said it's an excellent idea. They wanted to see as
many people organized as possible, but the question is whether we could have that or if
we want something different, but at least that gets it before the public. And, of course,
Frank and the papers and television. And I did get a lot of response and when I did talk
to the television people they apologized that they didn't do more for us the last time, but
they got swallowed up with the foothills and they realized it and they knew it and we just
need to go after it. If you have any other ideas, let Tammy and I know or we will need to
work -- [ know that Tammy said that she would be more than happy to work with us __
with me as well. So I appreciate that. Anything else?
Anderson: Mr. Mayor.
Corrie: Mr. Anderson.
Anderson: I agree with a lot of the things that you're doing. I think the citizen
engagement and involvement will be a great leverage tool for us, because, like Tammy
Meridi3n City Council Meeting
October 2, 200 I
P3ge 62
said, there is a certain amount of distrust if it's a city employee or an elected official
who's telling you we need more money versus some -- a citizen who understands the
issue and is telling you that. I think their word would be valued a lot more by the
average citizen out there. One of the things that I haven't heard mentioned or seen in
the deal here that I think is a very effective method would be -- I think we had a
commitment from some individuals and some organizations for financial assistance, but
maybe even some signs coming into the entryway into the city or yards signs similar to
campaign signs, but just reminding people about the upcoming election, because that
was, you know, one of the biggest things we heard last year is we didn't even know
there was an election. So it's obvious some people don't read the paper and some
people don't listen to the news, so maybe we catch them when they are driving by in
their car and there is a big sign and it's just a sign that says, you know, upcoming mill
levy election and the date of the election and please come and vote. And I would be,
you know, glad to help put as many of them up as I could and --
De Weerd: Me, too.
Bird: Not a bad idea.
Corrie: Not that it's any great thing, but anybody got any better idea of what they should
maybe put on those? Because we have got a couple of businesses that want to give
some money and maybe we could get them --
De Weerd: Well, I would suggest that we set a meeting date for citizens who have an
interest in pulling together information and an effort and let them make a
recommendation on what could be on those signs and maybe we can have Stacy give
them the presentation, so they have an opportunity to see what it looks like and make
comments, so that when they go out on the speaking tour they have their own verbiage
and their own input so it's theirs, rather than ours, you know. I would suggest we could _
- you know, I don't know what your calendar looks like, Mr. Mayor, but I would be open
to helping or doing it, you know, meeting with a citizen's group and trying to get them
moving forward on this.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: Let me ask a question of Mr. Nichols. I know if the City's doing it you can't say
vote yes, but if it's a citizen's committee financed by private money, you can write vote
yes, can't you?
Nichols: Councilman Bird, Mayor, Members of the Council, that's correct.
Bird: So if we get some money from the citizens -- I don't think -- I don't think we should
be using public money anyway, but then other than what we send out on the bill, the
water bill, if they buy the signs and stuff, we can say vote yes on it. I think we need to.
Mcridian City Council Mccting
Octobcr 2, 200 I
Pagc 63
Anderson: Mr. Mayor.
Corrie: Mr. Anderson.
Anderson: My only thoughts on the sign is you're very limited as far as how much
information you can put on a sign and really what we are trying to do there is just bring
to people's attention that there is an election. So I think a very simple statement really to
say vote yes or whether it says please help us provide vital services to our community,
vote in the upcoming election on such and such a date, that we are not going to be able
to inform them all about the issues and why on a sign. So there would have to be
something pretty simple and we can't wait a real long time and involve all kinds of
citizen committees in trying to get just the exact verbiage, because it will take some time
to get signs made up and get them installed, so I wasn't looking for anything real
detailed there.
Bird: A sign that says vote yes, November 6, on mill levy. I think you need to say yes,
because, you know, you write that out -- J don't know.
De Weerd: I'm sure we will have some creative people on there that -- you know, and
the sooner we can pull them together the better and, gees, just let them go to town and I
think we have enough enthusiasm and support out there, as indicated in the fact that we
got the majority of the vote -- it wasn't the super majority, but we were only short 16
votes -- we have support out there and let them go to work.
Corrie: When are we going to have the meeting? Frank can help us out on that one.
Put it in the paper.
De Weerd: The paper comes out -- we generally get ours in the mail on Tuesday.
Thompson: I'm Frank Thompson, the publisher and editor of Valley Times. And we print
every Monday morning and we mail it Monday afternoon. I would like to see a front
page story in every issue between now and the election and an excellent starting point
would be this meeting date to involve as many citizens as we can.
Bird: That's a good idea.
Corrie: Any suggestions that -- J'm sorry, I'm going to be gone the 11 th and 12th of
October. I'm in Salt Lake City at a Via Trans meeting.
De Weerd: Do we want to try meeting on the 10th?
Corrie: That's -- some people don't get their paper until Wednesday.
Thompson: I suggest Thursday, if possible.
Meridian City Council Meeting
October 2, 2001
Page 64
Corrie: That's what I was thinking, but--
De Weerd: Okay. Well, I can do the meeting. I will bring Stacy in and we can give them
the information and let them go from there. Probably an evening meeting probably
would be best for the initial, so --
Corrie: Let's set it for the 11 th, Frank. Does anybody have any problem with that? And
I'm not trying to bug out on you, but I already made that commitment in Salt Lake City.
De Weerd: Well, let's just plan it for Thursday at 7:00 P.M. Maybe Will can check and
see if City Hall is --
Clerk: You have the Historical Society and Ward -- you can put them in the other room.
De Weerd: The Historical Society meets --
Clerk: They meet here when --
Corrie: One meets there and they meet here? Maybe we can then combine our
meeting with theirs and give them a program.
De Weerd: What time do they start, will?
Clerk: 7:00.
De Weerd: I mean we could start this at 6:00.
Bird: You could use the fire station.
De Weerd: Atthe fire station? Oh, that's a great place to do It.
Corrie: Kenny, can we meet Thursday, the 11 th?
Bowers: Thursday the 11 th? I'll sure check and find out.
Corrie: Okay. Would you let us know so we can let Frank know immediately? And let
Tammy know? All right. Okay. I don't know, maybe the Historical Society would like to
have -- if we furnish them with donuts or something, they will show up, too.
Clerk: They have pretty good refreshments.
Corrie: Okay. If you would do that, Kenny, and let Tammy know and then we will let --
Frank, we'll let you know as soon as Kenny has made sure tomorrow. All right.
Smith: Mr. Mayor.
Meridian City Council Meeting
October 2, 200 I
Page 65
Corrie: Yes.
Smith: I was wondering, would it be possible to regenerate the mailer that was sent out
last time just for employee handouts? Or is there -- are there some of those that remain
from the last campaign that we could distribute to employees?
Corrie: Sure check. I don't know, Gary, whether there are or not. We could have some
made up.
De Weerd: Mr. Mayor, I keep a file on things and maybe there is a more concise bullet
flier we could do.
Smith: Okay.
Corrie: Yes. That's for sure. Okay.
Smith: It might be of help just to make sure our employees are as well informed as
possible and then they can kind of carry that torch on their own, too.
De Weerd: Thanks, Gary. I think that we need to be better versed, too. You know, I was
asked, you know, is it going towards personnel and there was a position in the fire
department and -- I mean I don't know. So it would be nice if we were able to -- is it
going all to personnel or is some of it going to capital, you know, what is it going to be
dedicated to, other than parks, fire and police. Do we want to be specific or just leave it
at that?
Corrie: I think at this point we need to make a decision that we probably should --
Nichols: Mr. Mayor.
Corrie: Mr. Nichols.
Nichols: It may be possible that you can -- and I think this was sort of covered in
Stacy's presentation, but you could cover some of the -- some of the deficiencies in
each of those three departments, so that -- I mean you, obviously, haven't -- you don't
have the money, so until you get the money you can't designate where the money is
going to go, but you can certainly point out the specific deficiencies in each department
in terms of additional park land, cost of development of park land, cost of a fire truck,
cost of building a new fire station, all those issues that could be bulleted for each
department as a way of showing here is the specific need in these departments and this
is the potential how these funds could be used.
Bird: I hate to tie it up with one specific item. I'm like Will -- I hate to tie it up with one
specific item in each department, because I think, you know, sometimes you're probably
going to have to use it for operating expense, personnel, other times you're going to
need it for capital improvements or equipment or something like that. So I just -- and I
Meridian City Council Meeting
October 2, 200 I
Page 66
hate saying a third, a third, a third, you know. One year you might have to have 60
percent for police or, you know, it just depends on what you have. But as long as the
people know that those are the main three things and get out and sell it, I think that's
what the people want. Those are the main three areas of concern.
Anderson: I agree. I think you need to be a little more general. I mean we know the
needs, you know, like parks, that we need to purchase additional ground, we need to
develop existing land, and you could be specific in that sense, but yet you're still general
enough that you -- because you haven't had a chance to sit down and debate, well, do
you need this lawn mower or do you need this dump truck, so you don't want to put
things like that, because those are things that you're going to debate at budget time, but
you could in a general sense say we need, you know, so many acres of additional park
ground to meet the national average or those types of things or -- the same with the
police and fire.
Bird: You bet.
De Weerd: Unless there is a presentation. So that works well. And I think that we had
testimony during -- I think it was Tuscany that mentioned, well, they were buying
parkland south of the freeway, I thought it was my property. So it does avoid some of
those speculative comments as well. So I agree. Okay.
Corrie: With that we would remind the Council that we have a meeting Friday at 3:00 to
go over Wade's proposal. Okay. With that I will entertain a motion that we --
Smith: Mr. Mayor.
Corrie: Yes.
Smith: May I ask -- or add one comment?
Corrie: Yes.
Smith: I handed out to each one of you this evening a draft copy of the Transportation
Task Force Committee report and just would request that if you can take some time and
read through that, if you have any comments let me know and I would like to bring that
back to you for the October 9th Council meeting.
Bird: That will happen. It would be on the agenda, Gary, on the workshop.
Smith: Okay.
Bird: It will be on there.
Smith: Okay. Thank you.
Meridian City Council Mccting
October 2, 200 I
Page 67
De Weerd: Mr. Mayor.
Corrie: Mrs. de Weerd.
De Weerd: One last thing on the strategic planning. They do have strategic planning
training going on for all city employees who are interested on October 3rd and 1 ih. I do
believe when we first talked about the strategic planning we did mention that we would
like public involvement as well, that we were going to make an energetic announcement
about the importance of this process and that it is a big step in planning and moving
forward for our city. So I don't know what the thought was on doing that major initiative
announcement, but I would like to see public involvement. It's probably too late for
tomorrow, but maybe October 17th or if you would talk to John Luthy, where the
appropriate parks to have public involvement would be, I just think in the strategic
planning it's very important to have community involved, too.
Corrie: John has not mentioned that yet, so I'll find out tomorrow just how much the
public is going to be involved with this. I don't know. [ can't tell you what his plans are.
He's got about 37 to 38 department heads and employees coming tomorrow.
De Weerd: That's great.
Corrie: So we will just see how it shakes out there and then if he feels that he should be
involved in that or -- we could talk to him about that.
Bird: Mr. Mayor.
Corrie: Yes, Mr. Bird.
Bird: I move we adjourn.
De Weerd: Second.
Corrie: Motion made and seconded to adjourn. All those in favor say aye. A quarter
until 10:00 P.M.
MOTION CARRIED: THREE AYES, ONE ABSENT.
MEETING ADJOURNED AT 9:45 P.M.
Meridian City Council Meeting
October 2, 200 I
Page 68
(TAPE ON FILE OF THESE PROCEEDINGS)
APPROVED:
lf~~-iO ~,,-,'/
RT D. CORRIE, MAYOR
/0 / L:3 /2..00/
DATE APPROVED
dI~~~frl9-
WilLIAM G. BERG, JR., CITY CLERK
CITY OF MERIDIAN
CITY COUNCIL SPECIAL MEETING
AGENDA
TuesdaYl October 2, 2001, at 5:30 p.m.
City Council Chambers
1. Roll-call Attendance:
-----X- Tammy de Weerd -----X- Ron Anderson
~ Cherie McCandless -----X- Keith Bird
-----X- Mayor Robert Corrie
2. Executive Session 67-2345 (b): no decision made
3. Discussion of Mill Levy Adjustment Election: will discuss at a later
time
Meridian City Council Agcnda - October 2, 200]
Page [ of]
All materials presented at public meetings shall become property orthe 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.
Meridian Citv Council Soecial Meetina
October 2. 2001
The special meeting of the Meridian City Council was called to order at 5:30 P.M.
on Tuesday October 2,2001 by Mayor Robert Corrie.
Members Present: Robert Corrie, Ron Anderson, Tammy de Weerd, and Keith
Bird.
Members Absent: Cherie McCandless.
Others Present: Bill Nichols, Gary Smith, and Mike Worley.
Item 1.
Roll-call Attendance:
~ Tammy de Weerd ~ Ron Anderson
~ Cherie McCandless --L Keith Bird
~ Mayor Robert Corrie
Corrie: I'm going to open the special meeting workshop of the meridian City
Council Tuesday October 2, 2001 at 5:30 P.M. The City Council will be
discussing issues dealing with the upcoming special mill levy adjustment election
for the City of Meridian. So, I will open the meeting and I would like to ask the
Council if we could delay that meeting just for a little bit, starting to go into
executive session. Eric is here to -. Carl Erickson, excuse me, I got the names
mixed up Carl. My apologies, wants to discuss some legal matters with us. So, if
we could do that, I would like to have, Mike if you will be there and Will and our
attorney along with Carl.
Bird: Gary?
Corrie: And Gary, yes.
Bird: Mr. Mayor.
Corrie: Yes.
Bird: I would move that we go into an executive session as for Idaho state code
66-2345 (b).
Anderson: Second.
Corrie: Okay, motion made and second. All those in favor in say aye.
MOTION CARRIED: THREE AYES, ONE ABSENT
Come Out Of Executive Session At 6:44 P.M.
Meridian City Council Special Meeting
October 2, 2001
Page 2
Corrie: Okay. Council (inaudible) I would entertain a motion to come out of
executive session.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move that we come out of the executive session.
De Weerd: Second.
Corrie: Okay, motion been made and second to come out of executive session.
All those in favor say aye.
MOTION CARRIED: THREE AYES, ONE ABSENT
Corrie: Now, we will-
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move that we adjourn this special meeting.
Anderson: Second.
Corrie: Okay, motion made and second to adjourn the special meeting. All those
in favor of the motion say aye.
MOTION CARRIED: THREE AYES, ONE ABSENT
MEETING ADJOURNED AT 6:45 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
APPROVED:
/tJ;!b;O/
DATE APPROVED
~~ ~ /Je~~ 9-
WILLIAM G. BERG, JR.f"CITY CLERK
RESOLUTION NO. ~/.- 370
EMPLOYEE CLASSIFICATION, COMPENSATION, AND BENEFITS
SUBSECTION C. 3. - EMPLOYEE BENEFITS
SUBJECT: REVISIONS
BY: /tel71u 13/rL
C/.fq C () tuFt eil/ll {'ntf;h
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN
REPEALING SECTION IV, EMPLOYEE CLASSIFICATION, COMPENSATION
AND BENEFITS, SUBSECTION C. 3 HOLIDAYS OF THE PERSONNEL
POLICY MANUAL TO DELETE COLUMBUS DAY AND ADDING THE DAY
AFTER THANKSGIVING AS A RECOGNIZED HOLIDAY.
WHEREAS, the City of Meridian has written policies governing the
recognized paid holidays for City employees; and
WHEREAS, the City of Meridian has determined that it is in the best interest
of the City, and its employees, that Columbus Day shall be deleted from the City's
recognized holidays and that the day after Thanksgiving shall be a recognized City
holiday.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
MERIDIAN, IDAHO:
SECTION 1: That sub-paragraph 3 of subsection C of Section IV of the
Personnel Policy Manual is hereby repealed.
SECTION 2: That sub-paragraph 3 of subsection C of Section IV of the
Personnel Policy Manual shall hereby now read as follows:
3. Holidays.
Ten official holidays are provided for full-time employees.
Employees who have full-time active status on the date of any holiday
shall receive compensation for that day even though they do not work.
Holidays which fall on Saturdays shall be observed on the preceding
Friday. Those which fall on Sunday shall be observed on the succeeding
Monday. The holiday schedule may be changed at any time by the
Mayor and City Council. (Fire Department will remain at 80 hours per
fiscal year.)
Employees who must be scheduled to work on holidays shall be
scheduled to receive a substitute holiday with pay within sixty days of
the date of the holiday for they were scheduled to work. Unscheduled
emergency work on holidays shall be compensated at a rate of one and a
half times the employee's regular rate of pay.
Recognized Holidays:
New Year's Day
Martin Luther IGng, Jr./Human Rights Day
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
SECTION 3: This ResDlution shall become effective immediately upon its
passage and approval.
PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO,
this .2J';~ day of OCl12~ ,2001.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
ZtJJ- day of {)0-/zsJ~ ,2001.
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF L. C.
DEVELOPMENT, INC., THE
APPLICATION FOR
ANNEXATION AND ZONING
OF 12.71 ACRES FOR
PROPOSED BALTIC PLACE
SUBDIVISION, LOCATED
BETWEEN THE MERIDIAN
CEMETERY AND MEDIMONT
INDUSTRIAL PARlC ON
FRANKLIN ROAD WEST OF
THE INTERSECTION OF
FRANKLIN AND LOCUST
GROVE, MERIDIAN, IDAHO
C/C 08-08-0 I
Case No. AZ-OI-008
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 July 17,2001 and continued until August 8,2001, at the hour of
6:30 p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and
testified, and appearing on behalf of the Applicant was: Shawn Nickels, and
appearing with comments or concerns was: Kevin Abernathy, and the City Council
having duly considered the evidence and the record in this matter therefore makes
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page I
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY L.c. DEVELOPMENT, INC./
BALTIC PLACE SUBDIVISION - (AZ-OI-008 )
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 July 17, 2001 and continued until August 8, 2001, before the City
Council, the first publication appearing and written notice having been mailed to
property owners or purchasers of record within three hundred feet (300') of the
external boundaries of the property under consideration more than fifteen (15) days
prior to said hearing and with the notice of public hearing having been posted upon
the property under consideration more than one week before said hearing; and 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 July 17,2001 and continued until August 8, 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 L.c. DEVELOPMENT, INC./
BALTIC PLACE SUBDIVISION - (AZ~Ol-008 )
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 12.71 acres in size and is located
between the Meridian Cemetery and Medimont Industrial Park on Franldin Road
west of the intersection of Franldin and Locust Grove. The property is designated as
Baltic Place Subdivision.
6. The owner of record of the subject property is Centers Construction of
Meridian, Idaho.
7. Applicant is L.C Development, Inc. of Meridian, Idaho.
8. The property is presently zoned by Ada County as R-l/RUT, and
consists of residentiaVagricultural uses.
9. The Applicant requests the property be zoned as CwG/R-40
combination.
10. The subject property is bordered to the north and east by I-L zoning in
the City of Meridian, and to the south and west by the Meridian cemetery zoned
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY L.c. DEVELOPMENT, INC./
BALTIC PLACE SUBDIVISION - (AZ-OI-008 )
Page 3
RUT.
11. 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 defined in the Meridian Comprehensive Plan.
13. The Applicant proposes to develop the subject property in the follovving
manner: as a planned unit development consisting of 9 commercial building lots, 4
common lots and 1 residential apartment lot.
14. The Applicant requests zoning of the subject real property as C-G/R-40
which is consistent with the Meridian Comprehensive Plan Generalized Land Use
Map which designates the subject property as Mixed-Planned Use Development.
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 the Planning and Zoning and Engineering staff
as follows:
1. Applicant shall be required to enter into a Development Agreement with
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGjBY L.c. DEVELOPMENT, INC./
BALTIC PLACE SUBDIVISION - (AZ-OI-008 )
Page 4
the City as a condition of annexation.
2. Meridian City Ordinance 12-6 sets forth the requirements for Planned
Developments. 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. A development agreement shall be required as a condition of annexation
and the following uses shall only be allowed through a conditional use
permit:
automobile service station
automobile washing facilities
bus and rail stations
greenhouses and nurseries
hotels
indoor/outdoor entertainment
motels
planned commercial development
storage facilities
service stations
truck stops
wholesale facilities
equipment sales and repair.
4. Any existing domestic wells and/or septic systems within this project
shall 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.
5. Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas in accordance with City
Ordinance Sections 11-13-4.C. and 12-5-2.M.
6. Two-hundred-fiftyand IOO-watt, high-pressure sodium streetlights shall
be required at locations designated by the Public Works Department.
All streetlights shall be installed at subdivider's expense. Typical
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY L.c. DEVELOPMENT, INC./
BALTIC PLACE SUBDIVISION - (AZ-OI-008 )
locations are at street intersections and/or fire hydrants.
7. A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer
(Ord. 557, 10-1-91) for all off-street parldng areas. All site drainage shall
be contained and disposed of on-site.
8. Off-street parldng shall be provided in accordance with the City of
Meridian Ordinance 11-13 for use of property.
9. All signage shall be in accordance with the standards set forth in Section
11-14 of the City of Meridian Zoning and Development Ordinance. No
temporary signage, flags, banners or flashing signs shall be permitted.
10. Provide five-foot-wide sidewalks in accordance with City Ordinance
Section 12-5-2.K.
II. All construction shall conform to the requirements of the Americans
with Disabilities Act.
Adopt the Recommendations of the Ada County Highway District as follows:
12. Dedicate 31 to 42-feet of right-of-way from the section line of Franldin
Road abutting the parcel by means of recordation of a final subdivision
plat or execution of a warranty deed prior to issuance of a building
permit (or other required permits), whichever occurs first.
13. Provide a $9,700 deposit to the Public Rights-of-Way Trust Fund for
the cost of constructing a 5-foot wide concrete sidewalk on Franldin
Road abutting the parcel (approximately 485-feet) prior to issuance of a
building permit, or District approval of a final plat, whichever occurs
first.
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY L.c. DEVELOPMENT, INC./
BALTIC PLACE SUBDIVISION - (AZ-OI-008 )
Page 6
14. Construct Baltic Place as a public street, private street, or driveway on
the south side of Franldin Road to align with Baltic Road on the north
side of Franldin Road. If the applicant constructs Baltic Place as a
public street it shall be constructed as a 40-foot street section within 58-
feet or right-of-way with a standard turnaround at the south end of the
street.
15. Construct a public turnaround at the terminus of Kalispell Street.
16. If Baltic Place is constructed as a public street, driveways shall be
located a minimum of 50-feet south of Franldin Road and paved their
full width and at least 30-feet into the site beyond the edge of pavement
of Baltic Place.
17. The applicant shall provide a recorded cross access easement for all of
the lots within the subdivision for access to the public streets if Baltic
Place is not constructed as a public street.
18. Construct a center turn lane on Franldin Road for the Franldin
Road/main entrance 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. In accordance with the traffic study, the
center turn lane shall not be required until the site generates 298 vehicle
trips per day (45 apartment units; or 27 ,OOO-square feet of office; or
7,000-square feet of retail; etc".) as determined by the land use, and the
ACHD trip generation rate in the impact fee schedule.
19. Construct a right turn lane (eastbound) on Franldin Road for the
Franldin Road/main entrance intersection. Coordinate the design of the
turn lane with District staff.
20. 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 -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY L.c. DEVELOPMENT, INC./
BALTIC PLACE SUBDIVISION - (AZ-O 1-008 )
Page 7
21. Any existing irrigation facilities shall be relocated outside of the right~of-
way.
22. All utility relocation costs associated with improving street frontages
abutting the site shall be borne by the developer.
23. Other than the access point specifically approved with this application,
direct lot or parcel access to Franklin Road is prohibited. Lot access
restrictions, as required with this application, shall be stated on the final
plat.
Adopt the Recommendations of the Nampa & Meridian Irrigation District as
follows:
24. The Nampa & Meridian Irrigation District's Hunter Lateral courses
along the south boundary of the proposed project. Any encroachments
shall be approved and a signed License Agreement shall be in place.
25. The District requires a Land Use Change/Site application to be filed
with the District.
18. It is found that if the developer pays for the requested improvements
and complies with the conditions set forth in these Findings of Fact No. 17, and all
sub-parts, the economic welfare of the City and its residents and tax and rate payers
will be protected, which requirement shall be included in a development agreement, a
condition of annexation and zoning designation.
19. It is also found that the development considerations as referenced in
Finding No. 17 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY L.c. DEVELOPMENT, INC./
BALTIC PLACE SUBDIVISION - (AZ-OI-008 )
Page 8
will not change the essential character of the affected vicinity and will insure that the
proposed uses will not be hazardous or disturbing to the existing, or future
neighboring uses, particularly considering the impact of proposed development on
potential to produce excessive traffic, noise, smoke, fumes, glare and odors.
20. It is found that the zoning of the subject real property as General Retail
and Service Commercial (C-G) and High Density Residential District (R-40) require
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 Mixed/Planned Use Development.
21. The subject annexation request and zoning designation and proposed
development relates and is compatible to the goals and policies of the Comprehensive
Plan of the City as follows:
21.1 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.
21.2 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 "vithin the
Meridian Urban Service Planning Area submitted in the record of this
matter.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY L.c. DEVELOPMENT, INC./
BALTIC PLACE SUBDIVISION - (AZ-OI-008 )
Page 9
21.3 The application is consistent with Meridian's self identity.
21.4 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.
21.5 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.
21.6 Compatible and efficient use ofland 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.
22. 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGjBY L.c. DEVELOPMENT, INC./
BALTIC PLACE SUBDIVISION - (AZ-OI-008 )
Page 10
provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67,
Idaho Code by the adoption of 'Comprehensive Plan, City of Meridian, adopted
December 21,1993, Ord. No. 629, January 4, 1994.J
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY L.c. DEVELOPMENT, INC./
BALTIC PLACE SUBDIVISION - (AZ-OI-008 )
Page 11
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 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.
Additionally, the following goals and policies are relevant to this application and
they are as follows:
Goals of the Comprehensive Plan
Goal 7: To provide community services to fit existing and projected
needs.
Economic Development Chapter
Policies 1.2 and 1.4
Housin~ Chapter
Policies 104
Land Use Chapter
Policies 4.3U and 4.8U
Community Desig-n Chapter
Policies 2.2U and 404U
5. The zonings of General Retail and Service Commercial (C-G) and High
Density Residential District (RAG) are defined in the Zoning Ordinance at S 11-7~2 F.
and K. as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY L.c. DEVELOPMENT, INC.;
BALTIC PLACE SUBDIVISION - (AZ-OI-008 )
Page 12
(R-40) High Density Residential District: The purpose of the R-40 District is
to permit the establishment of high density residential uses at a density not
exceeding forty (40) dwelling units per acre. Connection to the Municipal water
and sewer systems of the City is required.
AND
(C-G) General Retail And Service Commercial District: The purpose of the
C-G District is to provide for commercial uses which are customarily operated
entirely or almost entirely within a building; to provide for a review of the impact
of proposed commercial uses which are auto and service oriented and are located
in close proximity to major highway or arterial streets; to fulfill the need of travel-
related services as well as retail sales for the transient and permanent motoring
public. All such districts shall be connected to the Municipal water and sewer
systems of the City, and shall not constitute strip commercial development and
encourage clustering of commercial development.
6. By authority of the City of Meridian under the Comprehensive Plan, a
conditional use permit is not required for Applicant to construct and develop a possible
Mixed/Planned Use 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).
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 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY L.c. DEVELOPMENT, INC./
BALTIC PLACE SUBDIVISION - (AZ-O 1-008 )
Page 13
Zoning and Subdivision and Development Ordinances of the City of Meridian.
10. Section 11w16-4 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 mvner 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 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 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 12.71
acres to High Density Residential District (R-40) and General Retail .And Service
Commercial District (C-G) is granted subject to the terms and conditions of this Order
hereinafter stated.
2. The application is for annexation and zoning of 12.71 acres. The legal
description shall be prepared by a Registered Land Surveyor, Licensed by the State of
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY L.c. DEVELOPMENT, INC./
BALTIC PLACE SUBDIVISION - (AZ-01-008 )
Page 14
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 the Planning and Zoning and Engineering staff
as follows:
1. Applicant shall be required to enter into a Development Agreement with
the City as a condition of annexation.
2. Meridian City Ordinance 12-6 sets forth the requirements for Planned
Developments. 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. A development agreement shall be required as a condition of annexation
and the following uses shall only be allowed through a conditional use
permit:
automobile service station
automobile washing facilities
bus and rail stations
greenhouses and nurseries
hotels
indoor/outdoor entertainment
motels
planned commercial development
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY L.c. DEVELOPMENT, INC./
BALTIC PLACE SUBDIVISION - (AZ-OI-008 )
Page 15
storage facilities
service stations
truck stops
wholesale facilities
equipment sales and repair.
4. Any existing domestic wells and/or septic systems within this project
shall be removed from their domestic service per City Ordinance Section
9-I~4 and 9-4-8. Wells may be used for non~domestic purposes such as
landscape irrigation.
5. Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas in accordance with City
Ordinance Sections II-I3-4.C. and I2-5-2.M.
6. Two-hundred-fiftyand IOO-watt, high-pressure sodium streetlights shall
be required at locations designated by the Public Works Department.
All streetlights shall be installed at subdivider's expense. Typical
locations are at street intersections and/or fire hydrants.
7. A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer
(Ord. 557, IO-1~91) for all off-street parking areas. All site drainage shall
be contained and disposed of on-site.
8. Off-street parldng shall be provided in accordance with the City of
Meridian Ordinance 11-13 for use of property.
9. All signage shall be in accordance with the standards set forth in Section
11-14 of the City of Meridian Zoning and Development Ordinance. No
temporary signage, flags, banners or flashing signs shall be permitted.
10. Provide five-foot-wide sidewalks in accordance with City Ordinance
Section 12-5-2.K.
II. All construction shall conform to the requirements of the Americans
with Disabilities Act.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY L.c. DEVELOPMENT, INC./
BALTIC PLACE SUBDIVISION - (AZ-01-008 )
Page 16
Adopt the Recommendations of the Ada County Highway District as follows:
12. Dedicate 31 to 42.feet of right-of~way from the section line of Franklin
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.
13. Provide a $9,700 deposit to the Public Rights-of-Way Trust Fund for
the cost of constructing a 5-foot wide concrete sidewalk on Franklin
Road abutting the parcel (approximately 485-feet) prior to issuance of a
building permit, or District approval of a final plat, whichever occurs
first.
14. Construct Baltic Place as a public street, private street, or driveway on
the south side of Franklin Road to align with Baltic Road on the north
side of Franklin Road. If the applicant constructs Baltic Place as a
public street it shall be constructed as a 40-foot street section within 58-
feet or right~of-way with a standard turnaround at the south end of the
street.
15. Construct a public turnaround at the terminus of Kalispell Street.
16. If Baltic Place is constructed as a public street, driveways shall be
located a minimum of 50-feet south of Franklin Road and paved their
full width and at least 30-feet into the site beyond the edge of pavement
of Baltic Place.
17. The applicant shall provide a recorded cross access easement for all of
the lots within the subdivision for access to the public streets if Baltic
Place is not constructed as a public street.
18. Construct a center turn lane on Franklin Road for the Franklin
Road/main entrance 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. In accordance with the traffic study, the
center turn lane shall not be required until the site generates 298 vehicle
trips per day (45 apartment units; or 27 ,OOO-square feet of office; or
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY L.c. DEVELOPMENT, INC.;
BALTIC PLACE SUBDIVISION - (AZ-O 1-008 )
7,OOO-square feet of retail; etc...) as determined by the land use, and the
ACHD trip generation rate in the impact fee schedule.
19. Construct a right turn lane (eastbound) on Franklin Road for the
Franklin Road/main entrance intersection. Coordinate the design of the
, turn lane with District staff.
20. 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.
21. Any existing irrigation facilities shall be relocated outside of the right-of-
way.
22. All utility relocation costs associated with improving street frontages
abutting the site shall be borne by the developer.
23. Other than the access point specifically approved with this application,
direct lot or parcel access to Franldin Road is prohibited. Lot access
restrictions, as required with this application, shall be stated on the final
plat.
Adopt the Recommendations of the Nampa & Meridian Irrigation District as
follows:
24. The Nampa & Meridian Irrigation District's Hunter Lateral courses
along the south boundary of the proposed project. Any encroachments
shall be approved and a signed License Agreement shall be in place.
25. The District requires a Land Use Change/Site application to be filed
with the District.
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-40) High Density Residential District and
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY L.c. DEVELOPMENT, INC./
BALTIC PLACE SUBDIVISION - (AZ-O 1-008 )
Page 18
(C-G) General Retail And Service Commercial District, and Meridian City Code ~ 11-7-
2 F. and K.
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 11-21-1 in accordance with the provisions of the annexation and
zoning ordinance.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City of
Meridian. Pursuant to Idaho Code S 67-6521 an affected person is a person who 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.
211 !l
By action of the City Council at its regular meeting held on the _ day
of
Oc-fv~
,2001.
COUNCILMAN RON ANDERSON
VOTE~;f~JL
ROLL CALL
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY L.c. DEVELOPMENT, INC.;
BALTIC PLACE SUBDIVISION - (AZ-OI-008 )
Page 19
COUNCILMAN KEITH BIRD
VOTED~
COUNCILWOMAN TAMMY deWEERD
VOTED~
COUNCILWOMAN CHERIE McCANDLESS
VOTED f1f;Jf:,$
MAYOR ROBERT D. COgRJE (TIE BREAKER)
DATED: /O-2-v(
VOTED_
MOTION: ~
APPROVED:~ DISAPPROVED:_
Copy served upon Applicant, the Planning and Zoning Department, Public Warks
Department and the City Attorney.
BY~"~~i9
City Clerk (I
\\NPA NTS40 poaSERVER Z\Work\M\Mcridian\Mcridian IS360M\Baltic
o lSV\ZFfCIsO;dcLdoc -
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND OIDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY L.c. DEVELOPMENT, INC./
BALTIC PLACE SUBDIVISION - (AZ-OI-008 )
Page 20
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE
REQUEST FOR PRELIMINARY
PLAT FOR BALTIC PLACE
SUBDIVISION, LOCATED
BETWEEN THE MERIDIAN
CEMETERY AND MEDIMONT
INDUSTRIAL PARI(ON
FRANKLIN ROAD WEST OF
THE INTERSECTION OF
FRANKLIN AND LOCUST
GROVE IN MERIDIAN, IDAHO
BY: L.C. DEVELOPMENT, INC.
APPLICANT
C/C 08/08/01
Case No. PP-01-009
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY
PLAT
The above entitled matter coming on regularly for public hearing before the
City Council on July 17, 2001 and continued until August 8, 2001, and Shari Stiles,
Planning and Zoning Administrator, appeared and testified, and appearing on behalf
of the Applicant was: Shawn Nickels, and appearing with comments or concerns was:
Kevin Abernathy, and the City Council having received a report from David
McKinnon, Planner for Planning and Zoning, and Bruce Freckleton, Engineering
Technician III, and the City Council having received as part of the record of this
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BALTIC PLACE SUBDIVISION / (PP-OI-009)
matter the recommendation to City Council of the Planning and Zoning Commission
and the applicant having submitted the "PRELIMINARY PLAT, BALTIC PLACE
SUBDIVISION, LOCATED IN THE NWI/4, NEl/4, SECTION 18, T.3N., R.IE.,
B.M., MERIDIAN, ADA COUNTY, IDAHO, FEBRUARY, 2001, STAMPED JUN
082001, DRAWN BY: AVW, MMM, JOB NO. 00-018-00, SHEET 1, BY: HUBBLE
ENGINEElUNG, INC, L.C DEVELOPMENT, INC, DEVELOPER", submitted for
preliminary plat approval and which preliminary plat for approval application is
herein received and adjudged by the City Council pursuant to Meridian City Code ~
12-3-3. Therefore the City Council makes the following findings:
FINDINGS OF FACT
I. That the proposed development is in conformance with the
Comprehensive Plan by reason of the fact that it lies within the existing Urban Area
as defined in the Meridian Comprehensive Plan Generalized Land Use Map,
Infrastructure Planning Analysis Comprehensive Plan and Map, adopted December
21, 1993, and the property is presently zoned High Density Residential District (R-
40) and General Retail and Service Commercial District (c-G), and requires
connection to the Municipal Water and Sewer System. [Meridian City Code ~ 11-7-2
F and KJ
2. The preliminary plat is in conformance with the Comprehensive Plan
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BALTIC PLACE SUBDIVISION / (PP-OI-009) 2
City of Meridian adopted December 21, 1993, Ordinance No. 629.
3. It is determined that Urban Services can be made available to
accommodate the proposed development if the plat complies with the requirements
and conditions hereinafter set forth as conditions of preliminary plat approval.
4. The proposed development is a continuity of the proposed development
within the City's Capital Improvement Program and if the conditions which are
requested by the Planning and Zoning Administrator and the Engineering Technician
III and as proposed by the developer as stated on the preliminary plat there will be
public financial capability of supporting services for the proposed development.
5. The development if built in accordance with the conditions and as
proposed, will not create health, safety or environmental problems and there have
been no specifics of any such concerns brought to the Council's attention.
6. It is found that the Recommendation To City Council of the Planning
and Zoning Commission is reasonable and appropriate for the conditions of approval
of the preliminary plat as hereinafter set forth.
7. The applicant has submitted for consideration of this approval drawing
of the preliminary plat herein designated as: "PRELIMINARY PLAT, BALTIC PLACE
SUBDIVISION, LOCATED IN THE NWl/4, NEl/4, SECTION 18, T.3N., R.IE., B.M.,
MElUDIAN, ADA COUNTY, IDAHO, FEBRUARY, 2001, STAMPED JUN 08 2001,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BALTIC PLACE SUBDIVISION / (PP-OI-009)
DRAWN BY: AVW, MMM, JOB NO. 00-018-00, SHEET I, BY: HUBBLE
ENGINEERING, INC., L.c. DEVELOPMENT, INC., DEVELOPER".
DECISION AND ORDER
Pursuant to the City Council's authority as provided in Meridian City
Code ~ 12-3-5 and based upon the above and foregoing Findings of Fact which are herein
adopted:
IT IS HEREBY ORDERED AND THIS DOES ORDER
I. The Preliminary Plat of the applicant as evidenced by "PRELIMINARY
PLAT, BALTIC PLACE SUBDIVISION, LOCATED IN THE NWl/4, NEl/4, SECTION
18, T.3N., R.1E., B.M., MElUDIAN, ADA COUNTY, IDAHO, FEBRUARY, 2001,
STAMPED JUN 082001, DRAWN BY: AVW, MMM, JOB NO. 00-018-00, SHEET I,
BY: HUBBLE ENGINEERING, INC., L.c. DEVELOPMENT, INC., DEVELOPER" is
hereby conditionally approved; and
2. The conditions of approval are as follows to-wit:
Adopt the Planning and Zoning Administrator and Assistant City Engineer
Recommendations as follows:
1. Underground, year-round pressurized irrigation shall be provided to all
landscape areas on site. Submit hook-up and design details based on the
proposed landscaping. Due to the size of landscaped area, primary water
supply connection to the City's mains shall not be allowed. Applicant shall be
required to utilize any existing surface or well water for the primary source. If
City water is proposed as a secondary source, developer shall be responsible to
pay water assessments for the entire common open area.
2. Submit detailed fencing plans for review and approval with submittal of the
Final Plat. All fencing located adjacent to the Hunter Lateral shall be built on
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BALTIC PLACE SUBDIVISION / (PP-OI-009) 4
the easement line unless an encroachment easement has been secured from the
NMID. All required fencing is to be in place prior to issuance of building
permits. A letter of credit, cash, or bond equaling 110% of the lowest bid for
the fencing shall be submitted to the City prior to signature on the final plat.
3. Submit detailed landscaping plans, in accordance with the adopted Landscape
Ordinance, for review and approval with submittal of the Final Plat. A letter of
credit, cash or bond in the amount of 110% of the lowest bid for the
landscaping and irrigation system shall be given to the City prior to signature
on the Final Plat.
4. Obtain a letter from 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 Public Warks
Department.
6. Applicant shall be responsible to construct the sewer mains to and through this
proposed development. Subdivision designer to coordinate main sizing and
routing with the Public Works Department. Sewer manholes are to be
provided to keep the sewer lines on the south and west sides of the centerline.
7. Water service to this site is being proposed from extensions of existing mains.
Applicant shall 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 from a hydraulic analysis by our computer
model. Flow and pressure from the existing mains shall be monitored with the
Meridian Water Department.
8. The developer shall be responsible for the payment of sewer and water
assessment fees.
9. Underground pressurized irrigation shall be provided to all landscape areas on
site. The Preliminary Plat indicates that the irrigation system is to be owned
and operated by the Nampa-Meridian Irrigation District.
10. Submit any updated soils/groundwater monitoring data collected since the
initial investigation date.
Adopt the Recommendations of the Ada County Highway District as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BALTIC PLACE SUBDIVISION / (PP-OI-009)
II. Dedicate 31 to 42-feet of right-of-way from the section line of Franldin Road
abutting the parcel by means of recordation of a final subdivision plat or
execution of a warranty deed prior to issuance of a building permit (or other
required permits), whichever occurs first.
12. Provide a $9,700 deposit to the Public Rights-of-Way Trust Fund for the cost
of constructing a 5-foot wide concrete sidewalk on Franldin Road abutting the
parcel (approximately 485-feet) prior to issuance of a building permit, or
District approval of a final plat, whichever occurs first.
13. Construct Baltic Place as a public street, private street, or driveway on the
south side of Franldin Road to align with Baltic Road on the north side of
Franldin Road. If the applicant constructs Baltic Place as a public street it
shall be constructed as a 40-foot street section within 58-feet or right-of-way
with a standard turnaround at the south end of the street.
14. Construct a public turnaround at the terminus of Kalispell Street.
15. If Baltic Place is constructed as a public street, driveways shall be located a
minimum of 50~feet south of Franldin Road and paved their full width and at
least 30-feet into the site beyond the edge of pavement of Baltic Place.
16. The applicant should provide a recorded cross access easement for all of the
lots within the subdivision for access to the public streets if Baltic Place is not
constructed as a public street.
17. Construct a center turn lane on Franldin Road for the Franldin Road/main
entrance intersection. The turn lane shall be constructed to provide a
minimum of 1 OO~feet of storage with shadow tapers for both the approach and
departure directions. Coordinate the design of the turn lane with District
staff. In accordance with the traffic study, the center turn lane shall not be
required until the site generates 298 vehicle trips per day (45 apartment units;
or 27,000~square feet of office; or 7,000-square feet of retail; etcY) as
determined by the land use, and the ACHD trip generation rate in the impact
fee schedule.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BALTIC PLACE SUBDIVISION / (PP-OI-009) 6
18. Construct a right turn lane (eastbound) on Franklin Road for the Franklin
Road/main entrance intersection. Coordinate the design of the turn lane with
District staff.
19. 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.
20. Any existing irrigation facilities shall be relocated outside of the right-of-way.
21. All utility relocation costs associated with improving street frontages abutting
the site shall be borne by the developer.
22. Other than the access point specifically approved with this application, direct
lot or parcel access to Franklin Road is prohibited. Lot access restrictions, as
required with this application, shall be stated on the final plat.
Adopt the Sanitary Service Recommendations as follows:
23. Enclosures and locations are inadequate. Sanitary Services shall meet with
Applicant's engineer agent for specifics and assistance to insure waste
generation points and volumes are provided for.
Adopt the Nampa & Meridian Irrigation District's Recommendations as
follows:
24. The District's Hunter Lateral courses along the south boundary of the
proposed project. Any encroachments shall be approved and a signed License
Agreement shall be in place. The District requires a Land Use Change/Site
application to be filed.
Adopt the Recommendations of the Central District Health Department as
follows:
25. The Applicant's central sewage and central water plans shall be submitted to
and approved by the Idaho Department of Health & Welfare, Division of
Environmental Quality.
26. Run-off is not to create a 1110Squito breeding problem.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BALTIC PLACE SUBDIVISION / (PP-OI-009)
27. Stormwater shall be pretreated through a grassy swale prior to discharge to
the subsurface to prevent impact to groundwater and surface water quality.
28. The Engineers and architects involved with the design of the subject project
shall obtain current best management practices for stormwater disposal and
design a stormwater management system that prevents groundwater and
surface water degradation.
2NtJ
~f.a~~.li9 n of the City Council at its regular meeting held on the --=day of
UC;t12/,;;?L- ,2001.
ROLL CALL
COUNCILlYlAN ANDERSON
COUNCIUvlAN BIRD
COUNCILWOlYlAN deWEERD
COUNCILWOlYlAN McCANDLESS
VOTED #a;t-
VOTED _{j{!..>.-/
VOTED~
VOTED 1JJ;;S8~
~ MAYOR ROBERT D. CORRIE
, ,(TIE BREAKER)
Copy served upon Applicant, The Planning and
Public Works Department and City Attorney.
By: J1ia-~,,O &:r r;;2
City Clerk
z:\ W ork\lVl\lVleri dian\Meri dian
VOTED_
Dated:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BALTIC PLACE SUBDIVISION / (PP-OI-009)
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR
BRIDGETOWER CROSSING
SUBDIVISION IN PROPOSED
R-4 AND C-G ZONES,
LOCATED NORTH OF USTICK
ROAD AND EAST OF TEN
MILE ROAD, MERIDIAN,
IDAHO
PRIMELAND DEVELOPMENT
CO., LLP,
APPLICANT
C/C 07-03-01
Revised 09-26-01
Revised 10-04-01
Case No. CUP-OI-006
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL
USE PERMIT
The above entitled conditional use permit application having come
before the City Council on June 19,2001 and continued until July 3,2001, 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 and testifying on behalf of the Applicant was: Becky Bowcutt, and
appearing in opposition and/or with comments or concerns were: Margaretha English,
Brian English and Tom Anderson, and the City Council having duly considered the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 1
evidence and the record in this matter and the Recommendations to City Council
issued by the Planning and Zoning Commission who conducted a public hearing and
the Council having heard and taken oral and written testimony, and having duly
considered the matter, the City Council hereby makes the following Findings of Fact,
Conclusions of Law and Decision and Order to-wit:
FINDINGS OF FACT
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 June 19,
2001 and continued until July 3,2001, before the City Council, the first publication
appearing and written notice having been mailed to property owners or purchasers of
record within three hundred feet (300') of the external boundaries of the property
under consideration more than fifteen (15) days prior to said hearing and with the
notice of public hearing having been posted upon the property under consideration
more than one week before said hearing and the copies of all notices were made
available to newspaper, radio and television stations as public service announcements;
and the matter having been duly considered by the City Council at the June 19, 2001
and continued until July 3, 200 I, public hearing; and the applicant, affected property
owners, and government subdivisions providing services within the planning
jurisdiction of the City of Meridian, having been given full opportunity to express
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 2
comments and submit evidence.
2. There has been compliance with all notice and hearing requirements set
forth in Idaho Code ~67-6509, 6512, and Meridian City Code ~~ 11-15-5 and 11-17-
5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof
of Posting filed with the staff report.
3. This proposed development request is in an R-4 and C-G zones and by
reason of the provisions of the Meridian City Code S 11-17-4, a public hearing was
required before the City Council on this application.
4. The property is located north of Us tick Road and east of Ten Mile
Road, Meridian, Idaho.
5. The owners of record of the subject property are E.L. Bews, Brad and
Chandos Hoaglun, and Young Lands, Ltd., represented by Harry D. Young, of Boise
and Meridian, Idaho.
6. Applicant is Primeland Development Co., LLP of Boise, Idaho.
7. The subject property is currently zoned RUT and R-4. The applicant
has requested zoning of R-4 and C-G. The zoning districts of R-4 and C-G are
defined within the City of Meridian Zoning and Development Ordinance, Section
11-7 ~2.
8. The proposed application requests a conditional use permit for 692
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT ~ 3
single family lots, 59 townhomes, 17 office lots and 10 commercial lots. The R-4 and
C-G zoning designations within the 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).
9. The Meridian City Council recognizes that the proposed application is
in compliance with the Meridian Comprehensive Plan.
10. The use proposed ~thin the subject application will in fact, constitute a
conditional use as determined by City Ordinance.
II. The Meridian City Council takes judicial notice of its Zoning,
Subdivision and Development Ordinances codified at Titles II and 12, Meridian
City Code and all current zoning maps thereof and the Comprehensive Plan of the
City of Meridian, and Maps and the Ordinance establishing the Impact Area
Boundary.
12. Giving due consideration to the comment received from the
governmental subdivisions providing services in the City of Meridian planning
jurisdiction public facilities and services required by the proposed development will
not impose expense upon the public if the following conditions of development are
imposed and the following is also found to be required to mitigate the effects of the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 4
proposed use and development upon services delivered by political subdivisions
providing services to the subject real property within the planning jurisdiction of the
City of Meridian subject to the following:
Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
I. Variances/exceptions to the straight RA zoning standards that shall be
required if this PUD is approved shall include the following:
Minimum frontage
R-4 Standard Proposed
80 feet 48 feet (townhome)
69 feet (S.F.R.)
5,500 sJ. (townhome)
1,500+ feet
Various (see #3)
Minimum lot size 8,000 s.f.
Maximum block length 1,000 feet
Maximum cul-de~sac length 450 feet
Minimum building setbacks:
- Interior side 5 ft. per story 0 lot line (townhome)
- Front (non-front entry garage) 15 feet 20 feet Front entry garage
Tiling of Whi te Drain
(no Variance submitted) N/A
Leave Open
These reductions are within the scope of allowable changes under the
PUD ordinance and reasonable. The majority of the S .F.R. lots in the
PUD exceed the minimum R-4 lot standards. While not specified in the
application, the White Drain shall be tiled according to Ordinance 12-4-
13. The Applicant is proposing to leave the drain open and utilize as an
amenity, which the Planning and Zoning Commission and City Council
support.
2. The Applicant stated in a 3-14-01 letter from Becky Bowcutt that one
(1) cul-de-sac in the CUP Site Plan scope exceeds the maximum 450-
foot length. It is approximately 480 feet in length. The Applicant shall
adjust the Site Plan to bring this block length into compliance.
3. As submitted, the City Council cannot approve this CUP/PUD
application until the pending Zoning Ordinance Amendment, or
another ordinance allowing non-conforming uses within a planned
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 5
development, is approved.
4. Commercial Lots: No building elevations were submitted for the
proposed commercial buildings on Lots 28, 31, 32, 34 and 36, Block 23.
As stated in the Annexation Requirements above, all of these lots shall
be processed only under CUP applications.
5. Applicant shall note that, as depicted on the CUP Site Plan,
Commercial Lots 36 and 28 do not reflect the minimum number of
required parking stalls to operate at 100% retail occupancy. Also, several
of the office and commercial lots are below the required number of ADA
stalls, have parldng rows split between different lots and have drive
aisles below the minimum 25-foot width. These issues can be resolved at
the time of CUP or Certificate of Zoning Compliance.
6. Office Lots: Sample photos/elevations of the office buildings were
submitted with the application. The Applicant has stated on the face of
the PUD Site Plan that a detailed CUP application shall be required for
the development of each lot. However, since parldng, trash enclosures,
landscaping and elevations were all submitted for the office lots, the
Planning and Zoning Commission and City Council do not feel the
office lots would require CUP applications for each lot. The office lots
shall be allowed to be processed under a Certificate of Zoning
Compliance process only, subject to Ordinance 12-6-6.F, which allows
minor changes up to 10% flexibility.
7. Townhouse Lots: Sample photos/elevations of the townhomes were
submitted with the application. The Applicant has stated on the face of
the PUD Site Plan that a detailed CUP application shall be required for
the development of these townhome lots. However, since a Pinal Plat
application shall be submitted for this phase (shown as Phase #7) and
detailed landscaping and fencing plans shall be required at that time,
The Planning and Zoning Commission and City Council do not feel
these lots would require a CUP application. Any tri-plex units would,
however, require a CUP application.
8. Pathways: The Comprehensive Plan, policy 4.1, pg. 56, of the
Transportation Chapter, designates Five Mile Creek. as a multiple use
pathway. Any pathway along Five Mile Creek shall require Bureau of
Reclamation (BOR) and NMID approval. Since BOR owns the Five
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 6
Mile right-of-way in fee simple and the future pathway location shall be
off-site from this subdivision (Le., there is no easement involved), the
Applicant shall address this pathway issue. Applicant is to coordinate all
public pathway improvements with the Meridian Parks & Recreation
Department. The Applicant shall also address if the developer intends to
dedicate any pathways within Bridgetower Crossing to the City of
Meridian in the future and/or which shall be owned and maintained by
the Homeowner's Association. Since the pathway adjacent to the White
Drain stubs to both Ten Mile Road and the eastern boundary of the
subdivision, This segment of the pathway shall be considered a public
pathway and part of the City's master pathway plan. The Applicant
shall also address this issue with the Parks & Recreation Department.
9. The traffic study prepared by Washington Group states the three (3)
Residential Collectors proposed are adequate and no new Collector up
to McMillan Road is necessary. However, agreement that some public
street connection to McMillan Road is not necessary at all has not been
decided. During the Pre-Application meeting on this project, staff
recommended that the local road shown in Phase 14, Block 20, be
extended to connect with McMillan. At build-out, this subdivision shall
have a full mile of frontage along McMillan Road (except for the 310
feet of frontage the enclave parcels have that are not a part of
Bridgetower Crossing). If constructed as proposed in the CUP/PUD
concept plan, there shall be no vehicular access into or out of the
subdivision from McMillan Road except for N. Desertbreeze Avenue,
the cul-de-sac that serves the 59 tovvnhouse lots. Future development on
the north side of McMillan Road, both commercial and residential, shall
certainly provide a destination point for some Bridgetower Crossing
residents. As designed, all trips with a destination to the north side of
McMillan will be forced to use either Ten Mile or Linder Roads, adding
unnecessary traffic to these 4-way intersections. All parent, school
activity or other trips to the elementary school site from the west and
north shall be forced to access the school (as proposed in the CUP/PUD
concept plan) through the subdivision.
10. A standard local street (50 feet right-of-way) connection to McMillan
Road shall be added adjacent to or near the western boundary of the
school site. It would not be designed to a Collector standard and could
incorporate bends or other traffic calming devices to minimize any
potential cut-through traffic. The Planning and Zoning Commission and
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 7
City Council cannot support the CUP/PUD concept without some
vehicular connection made to McMillan Road. At a minimum, a
pedlbike connection to McMillan shall be added. This issue pertains
only to the CUP/PUD application since it is outside the boundaries of
the proposed Preliminary Plat. Therefore, only the CUP/PUD Site Plan
shall be amended - not the Preliminary Plat. ]
11. No subdivision sign details or renderings were submitted. Detailed
signage plans shall be subject to design review and separate permits.
12. Note that special attention shall be paid on the Landscape Plan to
ensure the 40' x 40' clear vision triangles are preserved at the
intersections of all roadways. The preliminary plan currently shows
some trees within these areas.
13. Ordinance 12-6-7.D requires that all planned developments provide
underground utilities throughout the entire project site.
14. Applicant shall provide elevations of the proposed clubhouse for review
and approval.
15. The Applicant shall contact the Meridian Historical Society regarding
placement of historic signage of the cemetery and graves on Lot 48,
Block 26 and/or other historic educational information.
16. Conditions outlined inAZ-OI-003 and PP-OI-005 shall also apply.
17. The Applicant shall be responsible to pay any extraordinary impact fees
ACHD shall apply to this areas in order to accommodate new roadway
improvements.
Adopt the Recommendations of the Central District Health Department as
follows:
18. The Applicant's central sewage and central water plans shall be
submitted to and approved by the Idaho Department of Health &
Welfare, Division of Environmental Quality.
19. Run-off is not to create a mosquito breeding problem.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 8
20. Stormwater shall be pretreated through a grassy swale prior to discharge
to the subsurface to prevent impact to groundwater and surface water
quality. The engineers and architects involved with the design of this
project shall obtain current best management practices for storm water
disposal and design a storm water managmenet system that is
preventing groundwater and surface water degradation. Manuals that
could be used for guidance are:
20.1 State of Idaho Catalog of Stonnwater Best Management Practices
For Idaho Cities and Counties.
Prepared by the Idaho Division of Environmental Quality,
July 1997.
20.2 Stonnwater Best Managenxent Practices Guidebook.
Prepared by City of Boise Public Works Department,
January 1997.
Adopt the Recommendations of the Meridian Fire Department as follows:
21. Office and commercial lots shall meet all codes for sprinkler systems and
hydrants for their location.
Adopt the Recommendations of the Nampa & Meridian Irrigation District as
follows:
22. The District's Creason Lateral and Five Mile Drain courses through a
portion of the proposed project. The easements of theses facilities shall
be protected and any encroachment without written approval are
unaccepatable.
Additionally, the Applicant shall comply with the requirements from the City
Council's action taken at their Tuesday, July 3,2001 meeting as follows:
23. At such time as Owner/Developer proposes a development for that
portion annexed herein, which is not yet subject to a specific application
for development, Owner/Developer shall make reasonable
accommodation of the concerns expressed by My. Brian English
regarding placement of access onto the property from Linder Road in
such a way as to minimize headlight glare from vehicles leaving the
property and shining onto the English residence at 4650 North Linder
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 9
Road, Meridian, Idaho.
NOTE: This annexation and the accompanying zoning designation allow
development of the annexed parcel under the Planned Development
Ordinance. Concurrently, with the application for annexation and zoning, the
applicant also submitted an application for approval of preliminary plat and an
application for a conditional use permit. The accompanying preliminary plat
and conditional use permit applications covered only a portion of the property
being annexed herein. By reviewing the proposed preliminary plat and
conditional use applications, the Council finds that the remainder of the
annexed property will be appropriate for an additional number of residential
lots, and for uses other than residential in accordance with the Planned
Development Ordinance, as well as a school site. This project is approved in
concept only. The concept includes: maximum number of residential lots not
to exceed 692, mixed uses, school site, setbacks, collector roadways, amenities
and open space. The applicant recognizes that the approval is in concept only
and that detailed approval shall be required by submittal of all appropriate
applications, including, but not limited to, preliminary plat or plats and
conditional use permit or permits. The detailed approval shall be subject to all
applicable Ordinances unless otherwise approved under the original Planned
Unit Development application.
13. 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, however, the Plan is currently
under review and this area is being considered for some commercial designation,
which then would be harmonious because:
13.1 The subject property is designated on the "Generalized Land Use Map"
as "Single-Family Residential and Commerical/Mixed Use".
14. The uses proposed within the subject application subject to the
conditions herein ordered will be designed, constructed, operated and maintained to
be harmonious and appropriate in appearance or intended character of the general
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 10
vicinity and that such uses will not change the intended essential character of the
same area.
15. The uses proposed within the subject application will not be hazardous
or disturbing to existing or future neighboring uses.
16. The uses proposed vvithin 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.
17. 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.
18. The development will not result in the destruction, loss or damage of
natural or scenic feature of major importance relating to the property.
CONCLUSIONS OF LAW
1. The City of Meridian shall exercise the powers conferred upon it by the
"Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the
"Act" codified at Chapter 65, Title 67, Idaho Code (LC. ~67-6503).
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - II
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 1, Meridian City Code.
3. As part of a zoning ordinance the City Council can, subject to hearing
and notice provision required, provide for the process of special and/or conditional
use permits which a proposed use is otherwise prohibited by the terms of the
ordinance but allowed with conditions under the specific provisions of the ordinance
which the City of Meridian has done in the adoption of its zoning ordinances.
4. The City Council has the duty and responsibility to review the facts
and circumstances of each application for special use permit to determine prior to
granting the same that the evidential showing supports the finding that the following
standards are met and that the proposed development: (Meridian City Code S 11-17-
3)
a. Will, in fact, constitute a conditional use as determined by City policy;
b. Will be harmonious with and in accordance with the Comprehensive
Plan and this Ordinance;
c. Will be designed, constructed, operated and maintained to be
harmonious and appropriate in appearance with the existing or intended character of
the general vicinity and that such use will not change the essential character of the
same area;
d. Will not be hazardous or disturbing to existing or future neighboring
uses;
e. Will be served adequately by essential public facilities and services such
as highways, streets, police and fire protection, drainage structures, refuse disposal,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 12
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 the Low Density
Residential District (R-4) and General Retail and Service Commercial District (C-G),
a public hearing shall be conducted with notice to be published and provided to
property owners or purchasers of record within three hundred feet (300') of the
external boundaries of the land under consideration for the conditional use permit all
in accordance with the provisions of Meridian City Code S 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 modify the
recommendation of the Commission."
6. Following the public hearing and within 45 days after the conclusion of
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 13
the public hearing the Commission shall, transmit its recommendations to the
Meridian City Council with supportive reasons. The Commission shall recommend
that the application be approved, approved with conditions or denied. The
Commission shall ensure that any approval or approval with conditions of an
application shall be in accordance with Meridian Comprehensive Plan, City of
Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City
Code ~ 11-17-6)
7. When the City Council approves a conditional use permit it may
impose conditions of that approval that reasonably:
A. Minimize adverse impact on other development;
B. Control the sequence and timing of development;
C. Control the duration of development;
D. Assure that the development is maintained property;
E. Designate the exact location and nature of the development;
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 14
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 granted a conditional use permit for
692 single family lots, 59 townhomes, 17 office lots and 10 commercial lots in an R-4
and C-G zones located north of Ustick Road and east of Ten Mile Road, Meridian,
Idaho, subject to the following conditions of use and development, subject to the
following:
Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
1. Variances/exceptions to the straight R-4 zoning standards that shall be
required if this PUD is approved shall include the following:
Minimum frontage
R-4 Standard Proposed
80 feet 48 feet (townhome)
69 feet (S.F.R.)
5,500 sJ. (townhome)
1,500+ feet
Various (see #3)
Minimum lot size 8,000 sJ.
Maximum block length 1,000 feet
Maximum cul-de-sac length 450 feet
Minimum building setbacks:
- Interior side 5 ft. per story 0 lot line (townhome)
- Front (non-front entry garage) 15 feet 20 feet Front entry garage
Tiling of White Drain
(no Variance submitted) N/A
Leave Open
These reductions are within the scope of allowable changes under the
PUD ordinance and reasonable. The majority of the S.F.R. lots in the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 15
PUD exceed the minimum R-4 lot standards. While not specified in the
application, the White Drain shall be tiled according to Ordinance 12-4-
13. The Applicant is proposing to leave the drain open and utilize as an
amenity, which the Planning and Zoning Commission and City Council
support.
2. The Applicant stated in a 3-14-0 I letter from Becky Bowcutt that one (I)
cul-de-sac in the CUP Site Plan scope exceeds the maximum 450-foot
length. It is approximately 480 feet in length. The Applicant shall adjust
the Site Plan to bring this block length into compliance.
3. As submitted, the City Council cannot approve this CUP/PUD application
until the pending Zoning Ordinance Amendment, or another ordinance
allowing non-conforming uses within a planned development, is approved.
4. Commercial Lots: No building elevations were submitted for the proposed
commercial buildings on Lots 28, 31, 32, 34 and 36, Block 23. As stated in
the Annexation Requirements above, all of these lots shall be processed
only under CUP applications.
5. Applicant shall note that, as depicted on the CUP Site Plan, Commercial
Lots 36 and 28 do not reflect the minimum number of required parldng
stalls to operate at 100% retail occupancy. Also, several of the office and
commercial lots are below the required number of ADA stalls, have parldng
rows split between different lots and have drive aisles below the minimum
25-foot width. These issues can be resolved at the time of CUP or
Certificate of Zoning Compliance.
6. Office Lots: Sample photos/elevations of the office buildings were
submitted with the application. The Applicant has stated on the face of the
PUD Site Plan that a detailed CUP application shall be required for the
development of each lot. However, since parldng, trash enclosures,
landscaping and elevations were all submitted for the office lots, the
Planning and Zoning Commission and City Council do not feel the office
lots would require CUP applications for each lot. The office lots shall be
allowed to be processed under a Certificate of Zoning Compliance process
only, subject to Ordinance 12-6-6.F, which allows minor changes up to
10% flexibility.
7. Townhouse Lots: Sample photos/elevations of the townhomes were
submitted with the application. The Applicant has stated on the face of the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 16
PUD Site Plan that a detailed CUP application shall be required for the
development of these townhome lots. However, since a Final Plat
application shall be submitted for this phase (shown as Phase #7) and
detailed landscaping and fencing plans shall be required at that time, The
Planning and Zoning Commission and City Council do not feel these lots
would require a CUP application. Any tri-plex units would, however,
require a CUP application.
8. Pathways: The Comprehensive Plan, policy 4.1, pg. 56, of the
Transportation Chapter, designates Five Mile Creek as a multiple use
pathway. Any pathway along Five Mile Creek shall require Bureau of
Reclamation (BOR) and NMID approval. Since BOR owns the Five Mile
right-of-way in fee simple and the future pathway location shall be off-site
from this subdivision (Le., there is no easement involved), the Applicant
shall address this pathway issue. Applicant is to coordinate all public
pathway improvements with the Meridian Parks & Recreation Department.
The Applicant shall also address if the developer intends to dedicate any
pathways within Bridgetower Crossing to the City of Meridian in the future
and/or which shall be owned and maintained by the Homeowner's
Association. Since the pathway adjacent to the White Drain stubs to both
Ten Mile Road and the eastern boundary of the subdivision, This segment
of the pathway shall be considered a public pathway and part of the City's
master pathway plan. The Applicant shall also address this issue with the
Parks & Recreation Department.
9. The traffic study prepared by Washington Group states the three (3)
Residential Collectors proposed are adequate and no new Collector up to
McMillan Road is necessmy. However, agreement that some public street
connection to McMillan Road is not necessary at all has not been decided.
During the Pre-Application meeting on this project, staff recommended
that the local road shown in Phase 14, Block 20, be extended to connect
with McMillan. At build-out, this subdivision shall have a full mile of
frontage along McMillan Road (except for the 310 feet of frontage the
enclave parcels have that are not a part of Bridgetower Crossing). If
constructed as proposed in the CUP/PUD concept plan, there shall be no
vehicular access into or out of the subdivision from McMillan Road except
for N. Desertbreeze Avenue, the cul-de-sac that serves the 59 townhouse
lots. Future development on the north side of McMillan Road, both
commercial and residential, shall certainly provide a destination point for
some Bridgetower Crossing residents. As designed, all trips with a
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 17
destination to the north side of McMillan will be forced to use either Ten
Mile or Linder Roads, adding unnecessary traffic to these 4~way
intersections. All parent, school activity or other trips to the elementary
school site from the west and north shall be forced to access the school (as
proposed in the CUP/PUD concept plan) through the subdivision.
10.A standard local street (50 feet right-of-way) connection to McMillan Road
shall be added adjacent to or near the western boundary of the school site.
It would not be designed to a Collector standard and could incorporate
bends or other traffic calming devices to minimize any potential cut-
through traffic. The Planning and Zoning Commission and City Council
cannot support the CUP/PUD concept without some vehicular connection
made to McMillan Road. At a minimum, a pedjbike connection to
McMillan shall be added. This issue pertains only to the CUP/PUD
application since it is outside the boundaries of the proposed Preliminary
Plat. Therefore, only the CUP/PUD Site Plan shall be amended - not the
Preliminary Plat.J
11.No subdivision sign details or renderings were submitted. Detailed signage
plans shall be subject to design review and separate permits.
12.Note that special attention shall be paid on the Landscape Plan to ensure
the 40' x 40' clear vision triangles are preserved at the intersections of all
roadways. The preliminary plan currently shows some trees within these
areas.
13.0rdinance 12-6-7.D requires that all planned developments provide
underground utilities throughout the entire project site.
l4.Applicant shall provide elevations of the proposed clubhouse for review and
approval.
15. The Applicant shall contact the Meridian Historical Society regarding
placement of historic signage of the cemetery and graves on Lot 48, Block
26 and/or other historic educational information.
16.Conditions outlined in AZ-OI-003 and PP-OI-005 shall also apply.
17.The Applicant shall be responsible to pay any extraordinary impact fees
ACHD shall apply to this areas in order to accommodate new roadway
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 18
improvements.
Adopt the Recommendations of the Central District Health Department as
follows:
18.The Applicant's central sewage and central water plans shall be submitted
to and approved by the Idaho Department of Health & Welfare, Division
of Environmental Quality.
19.Run-off is not to create a mosquito breeding problem.
20.Stormwater shall be pretreated through a grassy swale prior to discharge to
the subsurface to prevent impact to groundwater and surface water quality.
The engineers and architects involved with the design of this project shall
obtain current best management practices for storm water disposal and
design a storm water managmenet system that is preventing groundwater
and surface water degradation. Manuals that could be used for guidance
are:
20.3 State of Idaho Catalog of Ston1Zwater Best Management Practices
For Idaho Cities and Counties.
Prepared by the Idaho Division of Environmental Quality,
July 1997.
20.4 Ston11water Best Management Practices Guidebook.
Prepared by City of Boise Public Works Department,
January 1997.
Adopt the Recommendations of the Meridian Fire Department as follows:
2 1. Office and commercial lots shall meet all codes for sprinlder systems and
hydrants for their location.
Adopt the Recommendations of the Nampa & Meridian Irrigation District as
follows:
22.The District's Creason Lateral and Five Mile Drain courses through a
portion of the proposed project. The easements of theses facilities shall be
protected and any encroachment without written approval are
unaccepatable.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 19
Additionally, the Applicant shall comply with the requirements from the City
Council's action taken at their Tuesday, July 3,2001 meeting as follows:
23.At such time as Owner/Developer proposes a development for that portion
annexed herein, which is not yet subject to a specific application for
development, Owner/Developer shall make reasonable accommodation of
the concerns expressed by Mr. Brian English regarding placement of access
onto the property from Linder Road in such a way as to minimize headlight
glare from vehicles leaving the property and shining onto the English
residence at 4650 North Linder Road, Meridian, Idaho.
NOTE: This annexation and the accompanying zoning designation allow
development of the annexed parcel under the Planned Development
Ordinance. Concurrently, with the application for annexation and zoning, the
applicant also submitted an application for approval of preliminary plat and an
application for a conditional use permit. The accompanying preliminary plat
and conditional use permit applications covered only a portion of the property
being annexed herein. By reviewing the proposed preliminary plat and
conditional use applications, the Council finds that the remainder of the
annexed property will be appropriate for an additional number of residential
lots, and for uses other than residential in accordance with the Planned
Development Ordinance, as well as a school site. This project is approved in
concept only. The concept includes: maximum number of residential lots not
to exceed 692, mixed uses, school site, setbacks, collector roadways, amenities
and open space. The applicant recognizes that the approval is in concept only
and that detailed approval shall be required by submittal of all appropriate
applications, including, but not limited to, preliminary plat or plats and
conditional use permit or permits. The detailed approval shall be subject to all
applicable Ordinances unless otherwise approved under the original Planned
Unit Development application.
2. The conditions shall be reviewable by the Council pursuant to Meridian
City Code ~ 11-17-9.
3. The above conditions are concluded to be reasonable and the applicant
shall meet such requirements as a condition of approval of the application for a
conditional use permit.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 20
4. That the City Attorney draft an Order Granting Conditional Use Permit
in accordance with this Decision, which shall be signed by the Mayor and City Clerk
and then a copy served by the Clerk upon the applicant, the Planning and Zoning
Department, the Public Works Department and any affected party requesting notice.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City
of Meridian, pursuant to Idaho Code ~ 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 approval 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
day of tP c-n, 6-k , 200 l.
2"t.i.
ROLLCALL:
COUNCIUvlAN RON ANDERSON
VOTED~
COUNCILMAN KEITH BIRD
VOTED~
COUNCILWOMAN TAMMY deWEERD
VOTED $Ct.-
VOTED 1Ji;~
COUNCILWOMAN CHElUE McCANDLESS
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT ~ 21
MAYOR ROBERT D. CORlUE (TIE BREAKER) VOTED_
DATED: IO--.2-0(
MOTION: ~ ~
APPROVED~
DISAPPROVED:
Copy served upon Applicant, Planning and
Department and the City Attorney.
Z:\ W or k\M\Merid i an\Meridian
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 22
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 07/03/01
Revised 09-26-01
Revised 10-04-0 I
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR
BRIDGETOWER CROSSING
SUBDIVISION IN PROPOSED
R-4 AND C-G ZONES,
LOCATED NORTH OF USTICK
ROAD AND EAST OF TEN
MILE ROAD, MERIDIAN,
IDAHO
Case No. CUP-OI-006
ORDER GRANTING
CONDITIONAL USE PERMIT
PRIMELAND DEVELOPMENT
CO., LLP,
APPLICANT
I. This matter coming before the City Council on the 7TH day of August,
200 I, under the provisions of Meridian City Code s 11-17-4 for final action on
conditional use permit application and the Council having received and approving the
Recommendation of the Planning and Zoning Commission the Council takes the
following action:
2. That the above named applicant is granted a conditional use permit for
ORDER CONDITIONAL USE PERMIT
(CUP-OI-006)
- 1
692 single family lots, 59 townhomes, 17 office lots and 10 commercial lots in an R-4
and C-G zones located north of Ustick Road and east of Ten Mile Road, Meridian,
Idaho, subject to the following conditions of use and development:
Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
1. Variances/exceptions to the straight R-4 zoning standards that shall be
required if this PUD is approved shall include the following:
Minimum frontage
R-4 Standard Proposed
80 feet 48 feet (townhome)
69 feet (S.F.R.)
5,500 sJ. (townhome)
1,500+ feet
Various (see #3)
Minimum lot size 8,000 sJ.
Maximum block length 1,000 feet
Maximum cul-de-sac length 450 feet
Minimum building setbacks:
~ Interior side 5 ft. per story 0 lot line (townhome)
- Front (non-front entry garage) 15 feet 20 feet Front entry garage
Tiling of White Drain
(no Variance submitted) N/A
Leave Open
These reductions are within the scope of allowable changes under the
PUD ordinance and reasonable. The majority of the S.F.R. lots in the
PUD exceed the minimum R-4 lot standards. While not specified in the
application, the White Drain shall be tiled according to Ordinance 12-4-
13. The Applicant is proposing to leave the drain open and utilize as an
amenity, which the Planning and Zoning Commission and City Council
support.
2. The Applicant stated in a 3-14-0 I letter from Becky Bowcutt that one (1)
cul-de-sac in the CUP Site Plan scope exceeds the maximum 450~foot
length. It is approximately 480 feet in length. The Applicant shall adjust
the Site Plan to bring this block length into compliance.
3. As submitted, the City Council cannot approve this CUP/PUD application
until the pending Zoning Ordinance Amendment, or another ordinance
allowing non-conforming uses within a planned development, is approved.
ORDER CONDITIONAL USE PERMIT
(CUP-OI-006)
- 2
4. Commercial Lots: No building elevations were submitted for the proposed
commercial buildings on Lots 28, 31, 32, 34 and 36, Block 23. As stated in
the Annexation Requirements above, all of these lots shall be processed
only under CUP applications.
5. Applicant shall note that, as depicted on the CUP Site Plan, Commercial
Lots 36 and 28 do not reflect the minimum number of required parking
stalls to operate at 100% retail occupancy. Also, several of the office and
commercial lots are below the required number of ADA stalls, have parking
rows split between different lots and have drive aisles below the minimum
25-foot width. These issues can be resolved at the time of CUP or
Certificate of Zoning Compliance.
6. Office Lots: Sample photos/elevations of the office buildings were
submitted with the application. The Applicant has stated on the face of the
PUD Site Plan that a detailed CUP application shall be required for the
development of each lot. However, since parking, trash enclosures,
landscaping and elevations were all submitted for the office lots, the
Planning and Zoning Commission and City Council do not feel the office
lots would require CUP applications for each lot. The office lots shall be
allowed to be processed under a Certificate of Zoning Compliance process
only, subject to Ordinance 12-6-6.F, which allows minor changes up to
10% flexibility.
7. Townhouse Lots: Sample photos/elevations of the townhomes were
submitted with the application. The Applicant has stated on the face of the
PUD Site Plan that a detailed CUP application shall be required for the
development of these townhome lots. However, since a Final Plat
application shall be submitted for this phase (shown as Phase #7) and
detailed landscaping and fencing plans shall be required at that time, The
Planning and Zoning Commission and City Council do not feel these lots
would require a CUP application. Any tri-plex units would, however,
require a CUP application.
8. Pathways: The Comprehensive Plan, policy 4.1, pg. 56, of the
Transportation Chapter, designates Five Mile Creek as a multiple use
pathway. Any pathway along Five Mile Creek shall require Bureau of
Reclamation (BOR) and NMID approval. Since BOR owns the Five Mile
right-of-way in fee simple and the future pathway location shall be off-site
from this subdivision (Le., there is no easement involved), the Applicant
shall address this pathway issue. Applicant is to coordinate all public
ORDER CONDITIONAL USE PERMIT
(CUP-O 1-006)
- 3
pathway improvements with the Meridian Parks & Recreation Department.
The Applicant shall also address if the developer intends to dedicate any
pathways within Bridgetower Crossing to the City of Meridian in the future
and/or which shall be owned and maintained by the Homeowner's
Association. Since the pathway adjacent to the White Drain stubs to both
Ten Mile Road and the eastern boundary of the subdivision, This segment
of the pathway shall be considered a public pathway and part of the City's
master pathway plan. The Applicant shall also address this issue vvith the
Parks & Recreation Department.
9. The traffic study prepared by Washington Group states the three (3)
Residential Collectors proposed are adequate and no new Collector up to
McMillan Road is necessary. However, agreement that some public street
connection to McMillan Road is not necessary at all has not been decided.
During the Pre-Application meeting on this project, staff recommended
that the local road shown in Phase 14, Block 20, be extended to connect
with McMillan. At build-out, this subdivision shall have a full mile of
frontage along McMillan Road (except for the 310 feet of frontage the
enclave parcels have that are not a part of Bridgetower Crossing). If
constructed as proposed in the CUP/PUD concept plan, there shall be no
vehicular access into or out of the subdivision from McMillan Road except
for N. Desertbreeze Avenue, the cul-de-sac that serves the 59 townhouse
lots. Future development on the north side of McMillan Road, both
commercial and residential, shall certainly provide a destination point for
some Bridgetower Crossing residents. As designed, all trips with a
destination to the north side of McMillan will be forced to use either Ten
Mile or Linder Roads, adding unnecessary traffic to these 4-way
intersections. All parent, school activity or other trips to the elementary
school site from the west and north shall be forced to access the school (as
proposed in the CUP/PUD concept plan) through the subdivision.
10.A standard local street (50 feet right-of-way) connection to McMillan Road
shall be added adjacent to or near the western boundary of the school site.
It would not be designed to a Collector standard and could incorporate
bends or other traffic calming devices to minimize any potential cut-
through traffic. The Planning and Zoning Commission and City Council
cannot support the CUP/PUD concept without some vehicular connection
made to McMillan Road. At a minimum, a ped/bike connection to
McMillan shall be added. This issue pertains only to the CUP/PUD
application since it is outside the boundaries of the proposed Preliminary
Plat. Therefore, only the CUP/PUD Site Plan shall be amended - not the
ORDER CONDITIONAL USE PERMIT
(CUP~O 1-006)
- 4
Preliminary Plat. ]
ll.No subdivision sign details or renderings were submitted. Detailed signage
plans shall be subject to design review and separate permits.
12.Note that special attention shall be paid on the Landscape Plan to ensure
the 40' x 40' clear vision triangles are preserved at the intersections of all
roadways. The preliminary plan currently shows some trees within these
areas.
13. Ordinance 12-6-7.D requires that all planned developments provide
underground utilities throughout the entire project site.
14.Applicant shall provide elevations of the proposed clubhouse for review and
approval.
15. The Applicant shall contact the Meridian Historical Society regarding
placement of historic signage of the cemetery and graves on Lot 48, Block
26 and/or other historic educational information.
16.Conditions outlined in AZ-O 1-003 and PP-O 1-005 shall also apply.
17.The Applicant shall be responsible to pay any extraordinary impact fees
ACHD shall apply to this areas in order to accommodate new roadway
improvements.
Adopt the Recommendations of the Central District Health Department as
follows:
18.The Applicant's central sewage and central water plans shall be submitted
to and approved by the Idaho Department of Health & Welfare, Division
of Environmental Quality.
19. Run-off is not to create a mosquito breeding problem.
20.Stormwater shall be pretreated through a grassy swale prior to discharge to
the subsurface to prevent impact to groundwater and surface water quality.
The engineers and architects involved with the design of this project shall
obtain current best management practices for storm water disposal and
design a storm water managmenet system that is preventing groundwater
and surface water degradation. Manuals that could be used for guidance
ORDER CONDITIONAL USE PERMIT
(CUP-OI-006)
- 5
are:
20.1 State of Idaho Catalog of Stonnwater Best Management Practices
For Idaho Cities and Counties.
Prepared by the Idaho Division of Environmental Quality,
July 1997.
20.2 Stonnwater Best Management Practices Guidebook.
Prepared by City of Boise Public Works Department,
January 1997.
Adopt the Recommendations of the Meridian Fire Department as follows:
21.0ffice and commercial lots shall meet all codes for sprinkler systems and
hydrants for their location.
Adopt the Recommendations of the Nampa & Meridian Irrigation District as
follows:
22.The District's Creason Lateral and Five Mile Drain courses through a
portion of the proposed project. The easements of theses facilities shall be
protected and any encroachment without written approval are
unaccepatable.
Additionally, the Applicant shall comply with the requirements from the City
Council's action taken at their Tuesday, July 3,2001 meeting as follows:
23.At such time as Owner/Developer proposes a development for that portion
annexed herein, which is not yet subject to a specific application for
development, Owner/Developer shall make reasonable accommodation of
the concerns expressed by Mr. Brian English regarding placement of access
onto the property from Linder Road in such a way as to minimize headlight
glare from vehicles leaving the property and shining onto the English
residence at 4650 North Linder Road, Meridian, Idaho.
NOTE: This annexation and the accompanying zoning designation allow
development of the annexed parcel under the Planned Development
Ordinance. Concurrently, with the application for annexation and zoning, the
applicant also submitted an application for approval of preliminary plat and an
ORDER CONDITIONAL USE PERMIT
(CUP-OI-006)
-6
application for a conditional use permit. The accompanying preliminary plat
and conditional use permit applications covered only a portion of the property
being annexed herein. By reviewing the proposed preliminary plat and
conditional use applications, the Council finds that the remainder of the
annexed property will be appropriate for an additional number of residential
lots, and for uses other than residential in accordance with the Planned
Development Ordinance, as well as a school site. This project is approved in
concept only. The concept includes: maximum number of residential lots not
to exceed 692, mixed uses, school site, setbacks, collector roadways, amenities
and open space. The applicant recognizes that the approval is in concept only
and that detailed approval shall be required by submittal of all appropriate
applications, including, but not limited to, preliminary plat or plats and
conditional use permit or permits. The detailed approval shall be subject to all
applicable Ordinances unless otherwise approved under the original Planned
Unit Development application.
3. The above conditions are concluded to be reasonable and the
applicant shall meet such requirements as a condition of approval of the application
for a conditional use permit.
4. Notice to Permit Holder, this conditional use permit is not
transferable without complying with the provisions of Meridian City Code S 11-17-8,
a copy of which is attached to this permit.
By action of the City Council at its regular meeting held on the
2#0
day of
t?ch~
,2001.
ORDER CONDITIONAL USE PERMIT
(CUP-OI-006)
- 7
Copy served upon Applicant, the Planning and Zoning Department). Public Works
Department and City Attorney. ., .
Bydi~~~9v
City Clerk
Dated: It? -4-C9 (
Z:\Work\M\Meridian\Meridian 1 5360M\Bridgetower Crossing AZO [-003 PPO 1-005
ORDER CONDITIONAL USE PERMIT
(CUP-OI-006)
- 8
BEFORE THE MERIDIAN CITY COUNCIL
IN THE :MATTER OF THE
APPLICATION OF PRIMELAND
DEVELOPMENT CO., LLP, THE
APPLICATION FOR
ANNEXATION AND ZONING
OF 371.42 ACRES FOR
PROPOSED BRIDGETOWER
CROSSING SUBDIVISION,
LOCATED AT THE
NORTHEAST CORNER OF TEN
MILE AND MCMILLAN,
MERIDIAN, IDAHO
C/C 07-03-01
Revised 09-27~Ol
Revised 10-04-01
Case No. AZ-OI-003
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 June 19, 200l and continued until July 3,2001, at the hour of
6:30 p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and
testified, and appearing on behalf of the Applicant was: Becky Bowcutt, and
appearing in opposition and/or with comments or concerns were: Margaretha English,
Brian English and Tom Anderson, and the City Council having duly considered the
evidence and the record in this matter therefore makes the following Findings of Fact
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PIUMELAND DEVELOPMENT
CO., LLP I BRIDGETOWER CROSSING SUBDIVISION - (AZ-OI-003 )
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 June 19, 200 I and continued until July 3, 2001, before the City
Council, the first publication appearing and written notice having been mailed to
property owners or purchasers of record within three hundred feet (300') of the
external boundaries of the property under consideration more than fifteen (15) days
prior to said hearing and vvith the notice of public hearing having been posted upon
the property under consideration more than one week before said hearing; and that
copies of all notices were made available to newspaper, radio and television stations
as public service announcements; and the matter having been duly considered by the
City Council at the June 19,2001 and continued until July 3,2001, 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 ~s 67-6509 and 67-6511, and Meridian City Code s~ 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 PRIMELAND DEVELOPMENT
CO., LLP / BRIDGETOWER CROSSING SUBDIVISION - (AZ-OI-003 )
Page 2
development ordinances codified at Titles II and 12, Meridian City Code, and all
current zoning maps thereof, and the Comprehensive Plan of the City of Meridian
adopted December 2l, 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 371.42 acres in size and is located at the
northeast corner of Ten Mile and McMillan. The property is designated as
Bridgetower Crossing Subdivision.
6. The owners of record of the subject property are E.L. Bews of 5204
Sorrento Circle, Boise, Idaho 83704, Young Lands, Ltd. (represented by Harry D.
Young) of 2420 Ustick Road, Meridian, Idaho 83642, and Brad and Chandos
Hoaglun of 2430 Us tick Road, Meridian, Idaho 83642.
7. Applicant is Primeland Development Co., LLP 1111 S. Orchard, Suite
155, Boise, Idaho 83705.
8. The property is presently zoned by Ada County as RUT, and consists of
agricultural with 4 existing single family dwellings and accessory buildings.
9. The Applicant requests the property be zoned as R~4 and C-G.
10. The subject property is bordered to the north, east and west by Ada
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PRIMELAND DEVELOPMENT
CO., LLP / BlUDGETOWER CROSSING SUBDIVISION - (AZ-Ol~003 )
Page 3
County zoned property and to the south by R-4 zoning.
11. 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 defined in the Meridian Comprehensive Plan.
13. The Applicant proposes to develop the subject property in the following
manner: a large phased mixed use project involving 5 commercial lots, 259 single
family residential lots, 59 townhouse lots, 8 office lots, 10 commercial lots and 58
common lots.
14. The Applicant requests zoning of the subject real property as R-4 and C-
G which are consistent with the Meridian Comprehensive Plan Generalized Land Use
Map which designates the subject property as Single-Family Residential and
Commercial Mixed Use.
15. There are no significant or scenic features of major importance that
affect the consideration of this application.
16. The City Council recognizes the written concerns of Brian and
Margaretha English dated April 19, 2001.
17. Giving due consideration to the comment received from the
governmental subdivisions providing services in the City of Meridian planning
jurisdiction, public facilities and services required by the proposed development will
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PRIMELAND DEVELOPMENT
CO., LLP I BRIDGETOWER CROSSING SUBDIVISION - (AZ-OI-003 )
Page 4
not impose expense upon the public if the following conditions of development are
imposed:
A. Based upon the testimony of Becky Bowcutt, the Applicant's
representative, and the widely recognized need for infrastructure
improvements sooner, rather than later, especially as it respects large
developments, the Owner/Developer, as condition of annexation and
zoning, shall participate in the negotiations with Ada County Highway
District, and shall become a party to any eventual agreements worked
out by the developer/ACHD Group.
Therefore, as a condition of annexation, and as a condition of the
Development Agreement, Applicant shall participate in any road
infrastructure agreements negotiated with ACHD and shall faithfully
perform the terms of such agreement or agreements.
AND
Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
I. Applicant shall be required to enter into a Development Agreement with
the City as a condition of annexation.
2. The Applicant is proposing that seven (7) lots in the preliminary plat
and Phase 1 annexation applications be approved as office lots (Lots 25,
26 and 29 of Block 14 and Lots 22,23,25, and 26 Block 23). However,
the current Comprehensive Plan does not support office zoning in these
areas. The Comprehensive Plan does support the proposed C-G zoned
lots. The Applicant is proposing the office lots be allowed as non~
conforming uses in the R-4 zone under a new proposed pun ordinance.
Until either the PUD ordinance or Comprehensive Plan is formally
amended, these seven (7) office lots cannot be approved for office use.
The office lots shall be annexed with an R-4 zone but shall be restricted
from obtaining any building permits until the lots are formally rezoned
to the L-O zone or the PUD ordinance is amended. The Commission
does support the concept of incorporating other uses besides residential
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PIUMELAND DEVELOPMENT
CO., LLP / BRIDGETOWER CROSSING SUBDIVISION - (AZ-OI-003 )
Page 5
as part of this development.
3. A condition of the D.A. shall be that the Applicant submit a Preliminary
Plat application for Phase 2 (204.42 acres) of the project no later than
June 2002 (or earlier if the Meridian School District requires) in order
to accommodate the new elementary school construction by 2003. The
school shall be developed within the City limits to receive city services
and the school shall be constructed on a legal lot within an approved
subdivision plat. (The school lot is currently shown in Phase 15 of the
project and is not a part of the Phase 1 annexation.)
4. A condition of the D.A. shall be that development and use of each
commercial-designated lot in this subdivision (Lots 23, 31, 32, 34 and
36, Block 23 and Lots 1-5, Block 31) shall occur only through the
Conditional Use Permit process.
5. A detached sidewalk with a minimum 5-foot-wide planter strip between
the curb and sidewalk shall be required along the Ten Mile Road,
McMillan Road and Under Road frontages.
6. All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the parcel shall
be tiled per City Ordinance 12-4~13. Plans 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. The located White Trunk will not be required to be tiled
if it will be made into, and maintained, as a water amenity.
7. Any existing domestic wells and/or septic systems within this project
shall have to be removed from their domestic service per City Ordinance
Section 9-1-4 and 9A-S . Wells may be used for non-domestic purposes
such as landscape irrigation.
8. Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance 'with
City Ordinance Sections 11-13-4.C. and l2-5-2.M.
9. Two-hundred-fifty~ and 100-watt, high-pressure sodium streetlights shall
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PRIMELAND DEVELOPMENT
CO., LLP / BRIDGETOWER CROSSING SUBDIVISION - (AZ~Ol-003 )
be required at locations designated by the Public Works Department.
All streetlights shall be installed at subdivider's expense. Typical
locations are at street intersections and/or fire hydrants.
10. A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer
(Ord. 557, 10-1-91) for all off~street parking areas. All site drainage shall
be contained and disposed of on-site.
11. Off-street parking shall be provided in accordance with the City of
Meridian Ordinance 11~13 for use of property.
12. All sigIlage shall be in accordance with the standards set forth in Section
11-14 of the City of Meridian Zoning and Development Ordinance. No
temporary sigIlage, flags, banners or flashing signs shall be permitted.
13. Provide five-foot-wide sidewalks in accordance with City Ordinance
Section 12-S-2.K.
14. All construction shall conform to the requirements of the Antericans
with Disabilities Act.
Adopt the Recommendations of the Ada County Highway District as follows:
15. Dedicate 48-feet of right-of-way from the centerline of Ten Mile 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.
16. Dedicate 48-feet of right-of-way from the centerline of McMillan 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.
17. 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PRIMELAND DEVELOPMENT
CO., LLP / BRIDGETOWER CROSSING SUBDIVISION - (AZ-OI-003 )
Page 7
IS. Construct the main entrance to the subdivision on Ten Mile Road
located approximately l/3-mile south of McMillan Road, as proposed.
The entrance shall be designed with 21-foot street sections on either
side of a center median, and the median shall be constructed a
minimum of 4-feet wide (but no larger than 12-feet wide) to total a
minimum of a 100-square foot area. The applicant shall be required to
dedicate 54-feet of right-of-way plus the additional width of the median.
19. Construct the main entrance to the townhouse portion of the
subdivision on McMillan Road located approximately 900-feet east of
Ten Mile Road, as proposed. The entrance shall be designed with 21-
foot street sections on either side of a center median and the median
shall be constructed a minimum of 4-feet wide (but no larger than 12-
feet wide to total a minimum of a 1 OO~square foot area. The applicant
shall be required to dedicate 54-feet of right-of-way plus the additional
width of the median.
20. Construct Belltower Drive and Towerbridge Way through the site as
residential collectors because the anticipated traffic volumes exceed
1,000 vehicle trips per day. Front-on housing is prohibited on
residential collectors. Construct these street segments as 36-foot street
sections with curb, gutter and 5-foot wide concrete sidewalks. Parking
shall be prohibited on these street segments. Coordinate with signage
plan with District staff. The access restrictions for these street segments
shall be stated on the final plat.
21. Provide directional signage on Belltower Drive where the roadway
diverges around the water amenity. This signage is necessary to guide
motorists in the proper direction. Coordinate the design of the signage
plan with Traffic Services staff.
22. Construct two driveways off Belltower located approximately 230-feet
east of Ten Mile Road on both the north and south sides of Belltower
Drive.
23. Connect to two existing stub streets that were approved with the
Bridgetower Subdivision (located north of Ustick Road) as proposed.
The streets, Pride Crossing Drive and Towerbridge Way, shall be
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PRIMELAND DEVELOPMENT
CO., LLP / BRIDGETOWER CROSSING SUBDIVISION - (AZ-OI-003 )
extended into this site.
24. Construct two stub streets to the undeveloped parcel to the southwest
of the site. The stub streets, Breeze Creek Way (to the south), and
Teano Drive (to the west), shall be located as proposed. Construct
turnarounds at the end of the stub streets and install a sign at the
termini of the stub streets stating that, "THIS ROAD WILL BE
EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub
streets, and the design of the turnaround with District staff.
25. Construct three stub streets to the undeveloped parcels to the northeast
and east of the site (parcels included in the entire planned unit
development proposed by this applicant). The stub streets:
Coppercloud Way (to the north), Messina Street (to the east), and
Verona Drive (to the east), shall be located as proposed. No
turnarounds are required. Install a sign at the termini of the stub streets
stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE".
Coordinate the sign plan for the stub streets with District staff.
26. 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.
27. Unless otherwise approved, 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.
28. Streets within the subdivision shall align or offset a minimum of 125-
feet from any proposed public street.
29. Construct the turnarounds to provide a minimum turning radius of 45-
feet.
30. Construct a 5-foot wide concrete sidewalk on Ten Mile Road abutting
the site, located 2-feet within the right-of-way. If the applicant
constructs a meandering sidewalk, provide a sidewalk easement to the
District to construct the sidewalk outside of the right-of-way.
Coordinate the location and elevation of the sidewalk with District staff.
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PRIMELAND DEVELOPMENT
CO., LLP / BRIDGETOWER CROSSING SUBDIVISION - (AZ-OI-003 )
Page 9
31. Construct a 5-foot wide concrete sidewalk on McMillan Road abutting
the site, located 2-feet within the right-of-way. If the applicant
constructs a meandering sidewalk, provide a sidewalk easement to the
District to construct the sidewalk outside of the right-of-way.
Coordinate the location and elevation of the sidewalk with District staff.
32. Construct a 5-foot wide concrete sidewalk on Ustick Road abutting the
site, located 2-feet within the right-of-way. If the applicant constructs a
meandering sidewalk, provide a sidewalk easement to the District to
construct the sidewalk outside of the right-of-way. Coordinate the
location and elevation of the sidewalk with District staff.
33. Pave the driveways their full width of 24 to 30-feet, and at least 30-feet
into the site beyond the edge of pavement of Ten Mile Road, McMillan
Road and Ustick Road, and install pavement tapers with 15-foot radii
abutting the existing roadway edge.
34. Construct a 25-foot wide driveway on the east side of Ten Mile Road
located approximately 380-feet south of McMillan Road to serve the
office and commercial lots, as proposed.
35. Construct a 30-foot wide driveway on the east side of Ten Mile Road
located approximately 440-feet north of McMillan Road to serve the
commercial lot, as proposed.
36. Construct a 30-foot wide driveway on the east side of Ten Mile Road
located approximately 20-feet south of the north property line to serve
the commercial lot, as proposed.
37. Construct a 30-foot wide driveway on the north side of McMillan Road
located approximately 440-feet east of Ten Mile Road to serve the
commercial lot, as proposed.
38. Construct a 30-foot wide driveway on the north side of McMillan Road
located approximately 50-feet west of the east property line to serve the
commercial lot, as proposed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND OlillER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PRIMELAND DEVELOPMENT
CO., LLP /BRIDGETOWERCROSSING SUBDIVISION - (AZ-01-003 )
Page 10
39. Construct a 25-foot wide driveway on the south side of McMillan Road
located approximately 440-feet east of Ten Mile Road to serve the
office/commercial lots, as proposed.
40. Construct a center turn lane on Ten Mile Road for the Ten Mile
Road/main entrance 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.
41. Construct a center turn lane on Ten Mile Road for the Ten Mile
Road/driveway intersection located south of McMillan Road. 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.
42. Construct center turn lanes on Ten Mile Road for the Ten Mile
Road/driveway intersections north of McMillan Road that serve the
commercial parcel. The turn lanes 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
lanes with District staff.
43. Construct a center turn lane on McMillan Road for the McMillan
Road/main entrance 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.
44. Construct center turn lanes on McMillan Road for the McMillan
Road/driveway intersections located east of Ten Mile Road. The turn
lanes 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 lanes with District staff.
45. Construct added left-turn lanes on each intersection approach at the
Ustick Road/Linder Road intersection and at the Ustick Road/Ten Mile
Road intersection. The applicant shall coordinate the design of these
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PlUMELAND DEVELOPMENT
CO., LLP / BRIDGETOWER CROSSING SUBDIVISION - (AZ-OI-003 )
Page 11
improvements with District staff.
46. Provide a road trust deposit for 21 % of the cost of a traffic signal at the
Ustick Road/Linder intersection in the amount of $29,400 for their
proportionate share of the cost of the traffic signal at Ustick and Linder
Roads.
47. Provide a road trust deposit for 27% of the cost of a traffic signal at the
Ustick Road/Ten Mile Road intersection in the amount of $37,800 for
their proportionate share of the cost of the traffic signal at Ustick and
Ten Mile Roads.
48. Relocate the Settlers Canal outside of the new right-of-way of McMillan
Road to provide adequate space for future road widening.
49. All irrigation facilities shall be relocated outside of the new right-of-way
on McMillan Road, Ten Mile Road and Ustick Road.
50. All utility relocation costs associated with improving street frontages
abutting the site should be borne by the developer.
51. Utility street cuts in pavement less than five years old are not allowed
unless approved in writing by the District. Contact Construction
Services at 387-6280 (with file numbers) for details.
52. Other than the access points specifically approved with this application,
direct lot or parcel access to McMillan Road, Ten Mile Road and Us tick
Road is prohibited. Lot access restrictions, as required with this
application, shall be stated on the final plat.
53. Additionally, the Applicant shall comply with all of ACHD's Standard
Requirements listed in their letter dated April 18, 2001.
Adopt the Recommendations of the Settlers Irrigation District as follows:
54. The White Drain may be relocated as an open water amenity if the City
of Meridian agrees to an indemnification agreement with Settlers
Irrigation District. Also, an Operation and Maintenance agreement for
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PRlMELAND DEVELOPMENT
CO., LLP I BRlDGETOWER CROSSING SUBDIVISION - (AZ-OI-003 )
Page 12
the White Drain shall be required between the developer and Settlers
Irrigation District.
55. Drainage water from this proposed development may be accepted into
the White Drain under certain water quality standards set forth by
DEQ, ACHD, and Settlers Irrigation District.
56. The water storage pond for the pressurized irrigation system is the only
pond that could be constructed as part of the White Drain as long as an
Operation and Maintenance agreement is in place between the
developer and Settlers Irrigation District.
Additionally, the Applicant shall be required to comply with the actions of the
City Council from their July 17, 200 I meeting as follows:
57. The White Drain Sewer Trunk easements are necessary and shall be
within the City limits.
5S. At such time as Owner/Developer proposes a development for that
portion annexed herein, which is not yet subject to a specific application
for development, OwnerlDeveloper shall make reasonable
accommodation of the concerns expressed by Mr. Brian English
regarding placement of access onto the property from Linder Road in
such a way as to minimize headlight glare from vehicles leaving the
property and shining onto the English residence at 4650 North Linder
Road, Meridian, Idaho.
59. Applicant to coordinate with Tom Anderson the fencing that will go
along the west property line of the Tom Anderson's property.
IS. NOTE: This annexation and the accompanying zoning designation
allow development of the annexed parcel under the Planned Development Ordinance.
Concurrently, with the application for annexation and zoning, the applicant also
submitted an application for approval of preliminary plat and an application for a
conditional use permit. The accompanying preliminary plat and conditional use
FINDINGS OF FACT AND CONCLUSIONS OF LAW "
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PRIMELAND DEVELOPMENT
CO., LLP / BRIDGETOWER CROSSING SUBDIVISION - (AZ-01-003 )
Page 13
permit applications covered only a portion of the property being annexed herein. By
reviewing the proposed preliminary plat and conditional use applications, the Council
finds that the remainder of the annexed property will be appropriate for an additional
number of residential lots, and for uses other than residential in accordance with the
Planned Development Ordinance, as well as a school site. This project is approved in
concept only. The concept includes: maximum number of residential lots not to
exceed 692, mixed uses, school site, setbacks, collector roadways, amenities and open
space. The applicant recognizes that the approval is in concept only and that detailed
approval shall be required by submittal of all appropriate applications, including, but
not limited to, preliminary plat or plats and conditional use permit or permits. The
detailed approval shall be subject to all applicable Ordinances unless otherwise
approved under the original Planned Unit Development application"~
19. It is found that if the developer pays for the requested improvements
nd complies with the conditions set forth in these Findings of Fact No. 17, and all
sub-parts, the economic welfare of the City and its residents and tax and rate payers
will be protected, which requirement shall be included in a development agreement, a
condition of annexation and zoning designation.
20. It is also found that the development considerations as referenced in
Finding No. 17 are reasonable to require and must be taken into account, in order to
assure the proposed development is designed, constructed, operated and maintained
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PlUMELAND DEVELOPMENT
CO., LLP / BlUDGETOWER CROSSING SUBDIVISION - (AZ-OI-003 )
Page 14
in a manner which is harmonious and appropriate in appearance with the existing, or
intended character of the general vicinity, in order to assure that the proposed use
will not change the essential character of the affected vicinity and will insure that the
proposed uses will not be hazardous or disturbing to the existing, or future
neighboring uses, particularly considering the impact of proposed development on
potential to produce excessive traffic, noise, smoke, fumes, glare and odors.
21. It is found that the zoning of the subject real property as Low Density
Residential District (R-4) and General Retail and Service Commercial (C-G) require
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 and Commercial Mixed Use.
22. 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:
22.1 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.
22.2 This proposed new grO\vth development will finance public service
expansion by the requirement herein that the applicant comply with the
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PlUMELAND DEVELOPMENT
CO., LLP / BlUDGETOWER CROSSING SUBDIVISION - (AZ-OI-003 )
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requests submitted of the political subdivisions responses within the
Meridian Urban Service Planning Area submitted in the record of this
matter.
22.3 The application is consistent with Meridian's self identity.
22.4 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.
22.5 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.
22.6 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.
23. The property can be physically serviced with City water and sewer.
24. Additionally at the City Council meeting held on July 3,2001, in the
testimony of the Applicant's representative, Becky Bowcutt, Ms. Bowcutt testified
that the Applicant, together with other developers with property interests in the area
constituting the northern twelve square miles of Meridian's Area of Impact, are in
negotiations with the Ada County Highway District to find creative ways to more
rapidly construct road improvements, and especially road way widening projects,
intersection improvements including signaling, designation of collector locations, etc.
Topics in the negotiations included exploring ways for the developers to be able to
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PRIMELAND DEVELOPMENT
CO., LLP / BRIDGETOWER CROSSING SUBDIVISION - (AZ-01-003 )
Page 16
dedicate additional right-of-way to Ada County Highway District, but deferring
payment back to the developer from ACHD until a later date when Impact Fees are
paid, from any future developers, within the area for the additional dedicated arterial
right-of-way. Ms. Bowcutt also indicated that the developers and ACHD are trying
to devise a system where the developers would be the constructing entity for road
infrastructure, and the same developers would then receive a reimbursement from
ACHD Impact Fees, or other revenues, in a mechanism very similar to Late Comer
Fees paid back to developers who install municipal sewer and water lines.
Therefore, as a condition of annexation, and as a condition of the
Development Agreement, Applicant shall participate in any road infrastructure
agreements negotiated with ACHD and shall faithfully perform the terms of such
agreement or agreements.
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 ~ 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PRIMELAND DEVELOPMENT
CO., LLP / BRIDGETOWER CROSSING SUBDIVISION - (AZ-OI-003 )
Page 17
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 uLocal 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.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PRIMELAND DEVELOPMENT
CO., LLP / BRIDGETOWER CROSSING SUBDIVISION - (AZ-O 1-003 )
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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 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.
Additionally, the following goals and policies are relevant to this application and
they are as follows:
Economic Development Chapter
Policies 3.1 U, 3.2U
Land Use Chapter
Policies 2.1 U, 2.2U, 2.3U, 6.3.c.
Natural Resources and Hazardous Areas Chapter
Policies 1.1U, 2.1U, 2.5U, 3.1U, 4.1U
Transportation Chapter
Policies 1.6U, 1.9U
Open Space, Parks & Recreation
Policies 3.1, 5.3
Housing Chapter
Policies 1.3, 1.4, 1.7, 1.12, 1.13U, 1.18
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PRIMELAND DEVELOPMENT
CO., LLP / BlUDGETOWER CROSSING SUBDIVISION - (AZ-OI-003 )
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Community Design Chapter
Policies 1.8, 5.2U
5. The zonings of Low Density Residential District (R-4) and General Retail
And Service Commercial District (C-G) are defined in the Zoning Ordinance at S 1l-7-2
C. and K. as follows:
(R-4) Low Density Residential District: Only single-family dwellings shall be
permitted and no conditional uses shall be permitted except for planned
residential development and public schools. The purpose of the RA District is
to permit the establishment of low density single-family dwellings, and to
delineate those areas where predominantly residential development has, or is
likely to occur in accord with the Comprehensive Plan of the City, and to protect
the integrity of residential areas by prohibiting the intrusion of incompatible
nonresidential uses. The R-4 District allows for a maximum of four (4) dwelling
units per acre and requires connection to the Municipal water and sewer systems
of the City.
AND
(C-G) General Retail And Service Commercial District: The purpose of the
C-G District is to provide for commercial uses which are customarily operated
entirely or almost entirely within a building; to provide for a review of the impact
of proposed commercial uses which are auto and service oriented and are located
in close proximity to major highway or arterial streets; to fulfill the need of travel-
related services as well as retail sales for the transient and permanent motoring
public. All such districts shall be connected to the Municipal water and sewer
systems of the City, and shall not constitute strip commercial development and
encourage clustering of commercial development.
6. By authority of the City of Meridian under the Comprehensive Plan, a
conditional use permit is not required for Applicant to construct and develop a possible
single-family residential development.
7. Since the annexation and zoning of land is a legislative function, the City
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PlUMELAND DEVELOPMENT
CO., LLP / BlUDGETOWER CROSSING SUBDIVISION - (AZ-OI-003 )
Page 20
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 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 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 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.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PRIMELAND DEVELOPMENT
CO., LLP / BRIDGETOWER CROSSING SUBDIVISION - (AZ-01-003 )
Page 21
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does
hereby Order and this does Order:
I. The applicant's request for annexation and zoning of approximately 371.42
acres to Low Density Residential District (R-4) and General Retail And Service
Commercial District (C-G) is granted subject to the terms and conditions of this Order
hereinafter stated. Additionally, this annexation and the accompanying zoning
designation allow development of the annexed parcel under the Planned Development
Ordinance. Concurrently, with the application for annexation and zoning, the applicant
also submitted an application for approval of preliminary plat and an application for a
conditional use permit. The accompanying preliminary plat and conditional use permit
applications covered only a portion of the property being annexed herein. By reviewing
the proposed preliminary plat and conditional use applications, the Council finds that
the remainder of the annexed property will be appropriate for an additional number of
residential lots, and for uses other than residential in accordance with the Planned
Development Ordinance, as well as a school site. This project is approved in concept
only. The concept includes: maximum number of residential lots not to exceed 692,
mixed uses, school site, setbacks, collector roadways, amenities and open space. The
applicant recognizes that the approval is in concept only and that detailed approval shall
be required by submittal of all appropriate applications, including, but not limited to,
preliminary plat or plats and conditional use permit or permits. The detailed approval
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PlUMELAND DEVELOPMENT
CO., LLP! BlUDGETOWER CROSSING SUBDIVISION - (AZ-OI-003 )
Page 22
shall be subject to all applicable Ordinances unless otherwise approved under the original
Planned Unit Development application".
2. The application is for annexation and zoning of 371.42 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:
A. Based upon the testimony of Becky Bowcutt, the Applicant's
representative, and the widely recognized need for infrastructure
improvements sooner, rather than later, especially as it respects large
developments, the Owner/Developer, as condition of annexation and
zoning, shall participate in the negotiations with Ada County Highway
District, and shall become a party to any eventual agreements worked
out by the developer/ACHD Group.
Therefore, as a condition of annexation, and as a condition of the
Development Agreement, Applicant shall participate in any road
infrastructure agreements negotiated with ACHD and shall faithfully
perform the terms of such agreement or agreements.
AND
Adopt the Recommendations of the 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 PRIMELAND DEVELOPMENT
CO., LLP / BRIDGETOWER CROSSING SUBDIVISION - (AZ-OI-003 )
Page 23
1. Applicant shall be required to enter into a Development Agreement with
the City as a condition of annexation.
2. The Applicant is proposing that seven (7) lots in the preliminary plat
and Phase 1 annexation applications be approved as office lots (Lots 25,
26 and 29 of Block 14 and Lots 22, 23, 25, and 26 Block 23). However,
the current Comprehensive Plan does not support office zoning in these
areas. The Comprehensive Plan does support the proposed C-G zoned
lots. The Applicant is proposing the office lots be allowed as non-
conforming uses in the R-4 zone under a new proposed PUD ordinance.
Until either the PUD ordinance or Comprehensive Plan is formally
amended, these seven (7) office lots cannot be approved for office use.
The office lots may be annexed with an R-4 zone but shall be restricted
from obtaining any building permits until the lots are formally rezoned
to the L-O zone or the PUD ordinance is amended. The Commission
does support the concept of incorporating other uses besides residential
as part of this development.
3. A condition of the D.A. shall be that the Applicant submit a Preliminary
Plat application for Phase 2 (204.42 acres) of the project no later than
June 2002 (or earlier if the Meridian School District requires) in order
to accommodate the new elementary school construction by 2003. The
school shall be developed within the City limits to receive city services
and the school shall be constructed on a legal lot within an approved
subdivision plat. (The school lot is currently shown in Phase 15 of the
project and is not a part of the Phase 1 annexation.)
4. A condition of the D.A. shall be that development and use of each
commercial-designated lot in this subdivision (Lots 23, 31, 32, 34 and
36, Block 23 and Lots 1-5, Block 31) shall occur only through the
Conditional Use Permit process.
5. A detached sidewalk with a minimum 5-foot-wide planter strip between
the curb and sidewalk shall be required along the Ten Mile Road,
McMillan Road and Linder Road frontages.
6. All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the parcel shall
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PRIMELAND DEVELOPMENT
CO., LLP / BRIDGETOWER CROSSING SUBDIVISION - (AZ-OI-003 )
Page 24
be tiled per City Ordinance 12-4-13. 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. The located White Trunk will not be required to be tiled if
it will be made into, and maintained, as a water amenity.
7. Any existing domestic wells and/or septic systems within this project
shall have to be removed from their domestic service per City Ordinance
Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes
such as landscape irrigation.
8. Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance with
City Ordinance Sections 11-13-4.C. and 12-5-2.M.
9. Two-hundred-fifty- and 100-watt, high-pressure sodium streetlights shall
be required at locations designated by the Public Works Department.
All streetlights shall be installed at subdivider1s expense. Typical
locations are at street intersections and/or fire hydrants.
10. A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer
(Ord. 557, 10-1-91) for all off-street parldng areas. All site drainage shall
be contained and disposed of on-site.
II. Off-street parldng shall be provided in accordance with the City of
Meridian Ordinance 11-13 for use of property.
12. All signage shall be in accordance with the standards set forth in Section
11-14 of the City of Meridian Zoning and Development Ordinance. No
temporary signage, flags, banners or flashing signs shall be permitted.
13. Provide five-foot-wide sidewalks in accordance with City Ordinance
Section 12-5-2.K.
14. All construction shall conform to the requirements of the Americans
with Disabilities Act.
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PIUMELAND DEVELOPMENT
CO., LLP / BRlDGETOWER CROSSING SUBDIVISION - (AZ-OI-003 )
Page 25
Adopt the Recommendations of the Ada County Highway District as follows:
15. Dedicate 48-feet of right-of-way from the centerline of Ten Mile 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.
16. Dedicate 48-feet of right-of-way from the centerline of McMillan 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.
17. 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.
18. Construct the main entrance to the subdivision on Ten Mile Road
located approximately l/3-mile south of McMillan Road, as proposed.
The entrance shall be designed with 2 I-foot street sections on either
side of a center median, and the median shall be constructed a
minimum of 4-feet wide (but no larger than 12-feet wide) to total a
minimum of a 100-square foot area. The applicant shall be required to
dedicate 54-feet of right-of-way plus the additional width of the median.
19. Construct the main entrance to the townhouse portion of the
subdivision on McMillan Road located approximately 900-feet east of
Ten Mile Road, as proposed. The entrance shall be designed with 21-
foot street sections on either side of a center median and the median
shall be constructed a minimum of 4-feet wide (but no larger than 12-
feet wide to total a minimum of a 100-square foot area. The applicant
shall be required to dedicate 54-feet of right-of-way plus the additional
width of the median.
20. Construct Belltower Drive and Towerbridge Way through the site as
residential collectors because the anticipated traffic volumes exceed
1,000 vehicle trips per day. Front-on housing is prohibited on
residential collectors. Construct these street segments as 36-foot street
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PRlMELAND DEVELOPMENT
CO., LLP / BRIDGETOWER CROSSING SUBDIVISION - (AZ-OI-003 )
Page 26
sections with curb, gutter and 5~foot wide concrete sidewalks. Parking
shall be prohibited on these street segments. Coordinate with signage
plan with District staff. The access restrictions for these street segments
shall be stated on the final plat.
21. Provide directional signage on Belltower Drive where the roadway
diverges around the water amenity. This signage is necessary to guide
motorists in the proper direction. Coordinate the design of the signage
plan with Traffic Services staff.
22. Construct two driveways off Belltower located approximately 230~feet
east of Ten Mile Road on both the north and south sides of Belltower
Drive.
23. Connect to two existing stub streets that were approved with the
Bridgetower Subdivision (located north of Ustick Road) as proposed.
The streets, Pride Crossing Drive and Towerbridge Way, shall be
extended into this site.
24. Construct two stub streets to the undeveloped parcel to the southwest
of the site. The stub streets, Breeze Creek Way (to the south), and
Teano Drive (to the west), shall be located as proposed. Construct
turnarounds at the end of the stub streets and install a sign at the
termini of the stub streets stating that, "THIS ROAD WILL BE
EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub
streets, and the design of the turnaround with District staff.
25. Construct three stub streets to the undeveloped parcels to the northeast
and east of the site (parcels included in the entire planned unit
development proposed by this applicant). The stub streets:
Coppercloud Way (to the north), Messina Street (to the east), and
Verona Drive (to the east), shall be located as proposed. No
turnarounds are required. Install a sign at the termini of the stub streets
stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE".
Coordinate the sign plan for the stub streets with District staff.
26. Any proposed landscape islands/medians within the public right-of-way
dedicated by this plat shall be owned and maintained by a homeowners
FINDINGS OF FACT AND CONCLUSIONS OF lAW - Page 27
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BYPRlMELAND DEVELOPMENT
CO., LLP! BRIDGETOWER CROSSING SUBDIVISION - (AZ-OI-003 )
association. Notes of this shall be required on the final plat.
27. Unless otherwise approved, 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.
28. Streets within the subdivision shall align or offset a minimum of 125~
feet from any proposed public street.
29. Construct the turnarounds to provide a minimum turning radius of 45-
feet.
30. Construct a 5-foot wide concrete sidewalk on Ten Mile Road abutting
the site, located 2-feet within the right-of-way. If the applicant
constructs a meandering sidewalk, provide a sidewalk easement to the
District to construct the sidewalk outside of the right-of-way.
Coordinate the location and elevation of the sidewalk with District staff.
31. Construct a 5-foot wide concrete sidewalk on McMillan Road abutting
the site, located 2-feet within the right-of-way. If the applicant
constructs a meandering sidewalk, provide a sidewalk easement to the
District to construct the sidewalk outside of the right-of-way.
Coordinate the location and elevation of the sidewalk with District staff.
32. Construct a 5-foot wide concrete sidewalk on Ustick Road abutting the
site, located 2~feet within the right-of-way. If the applicant constructs a
meandering sidewalk, provide a sidewalk easement to the District to
construct the sidewalk outside of the right-of-way. Coordinate the
location and elevation of the sidewalk with District staff.
33. Pave the driveways their full width of 24 to 30~feet, and at least 30-feet
into the site beyond the edge of pavement of Ten Mile Road, McMillan
Road and Ustick Road, and install pavement tapers with 15~foot radii
abutting the existing roadway edge.
34. Construct a 25-foot wide driveway on the east side of Ten Mile Road
located approximately 380~feet south of McMillan Road to serve the
office and commercial lots, as proposed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PIUMELAND DEVELOPMENT
CO., LLP / BIUDGETOWER CROSSING SUBDIVISION - (AZ-OI-003 )
Page 28
35. Construct a 30-foot wide driveway on the east side of Ten Mile Road
located approximately 440-feet north of McMillan Road to serve the
commercial lot, as proposed.
36. Construct a 30-foot wide driveway on the east side of Ten Mile Road
located approximately 20-feet south of the north property line to serve
the commercial lot, as proposed.
37. Construct a 30-foot wide driveway on the north side of McMillan Road
located approximately 440-feet east of Ten Mile Road to serve the
commercial lot, as proposed.
38. Construct a 30-foot wide driveway on the north side of McMillan Road
located approximately 50-feet west of the east property line to serve the
commercial lot, as proposed.
39. Construct a 25-foot wide driveway on the south side of McMillan Road
located approximately 440-feet east of Ten Mile Road to serve the
office/commercial lots, as proposed.
40. Construct a center turn lane on Ten Mile Road for the Ten Mile
Road/main entrance 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.
41. Construct a center turn lane on Ten Mile Road for the Ten Mile
Road/driveway intersection located south of McMillan Road. 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.
42. Construct center turn lanes on Ten Mile Road for the Ten Mile
Road/driveway intersections north of McMillan Road that serve the
commercial parcel. The turn lanes 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PlUMELAND DEVELOPMENT
CO., LLP / BlUDGETOWER CROSSING SUBDIVISION - (AZ-OI-003 )
Page 29
lanes with District staff.
43. Construct a center turn lane on McMillan Road for the McMillan
Road/main entrance 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.
44. Construct center turn lanes on McMillan Road for the McMillan
Road/driveway intersections located east of Ten Mile Road. The turn
lanes 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 lanes with District staff.
45. Construct added left-turn lanes on each intersection approach at the
Ustick Road/Linder Road intersection and at the Ustick Road/Ten Mile
Road intersection. The applicant shall coordinate the design of these
improvements with District staff.
46. Provide a road trust deposit for 21 % of the cost of a traffic signal at the
Ustick Road/Linder intersection in the amount of $29,400 for their
proportionate share of the cost of the traffic signal at Ustick and Linder
Roads.
47. Provide a road trust deposit for 27% of the cost of a traffic signal at the
Ustick Road/Ten Mile Road intersection in the amount of $37,800 for
their proportionate share of the cost of the traffic signal at Ustick and
Ten Mile Roads.
48. Relocate the Settlers Canal outside of the new right-of-way of McMillan
Road to provide adequate space for future road widening.
49. All irrigation facilities shall be relocated outside of the new right-of-way
on McMillan Road, Ten Mile Road and Ustick Road.
50. All utility relocation costs associated with improving street frontages
abutting the site should be borne by the developer.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PRlMELAND DEVELOPMENT
CO., LLP I BRIDGETOWER CROSSING SUBDIVISION - (AZ-OI-003 )
Page 30
51. Utility street cuts in pavement less than five years old are not allowed
unless approved in writing by the District. Contact Construction
Services at 387-6280 (with file numbers) for details.
52. Other than the access points specifically approved with this application,
direct lot or parcel access to McMillan Road, Ten Mile Road and Ustick
Road is prohibited. Lot access restrictions, as required with this
application, shall be stated on the final plat.
53. Additionally, the Applicant shall comply with all of ACHD's Standard
Requirements listed in their letter dated April 18, 200 I.
Adopt the Recommendations of the Settlers Irrigation District as follows:
54. The White Drain Sewer Trunk easements are necessary and shall be
within the City limits.
55. At such time as Owner/Developer proposes a development for that
portion annexed herein, which is not yet subject to a specific application
for development, Owner/Developer shall make reasonable
accommodation of the concerns expressed by Mr. Brian English
regarding placement of access onto the property from Linder Road in
such a way as to minimize headlight glare from vehicles leaving the
property and shining onto the English residence at 4650 North Linder
Road, Meridian, Idaho.
56. Applicant to coordinate with Tom Anderson the fencing that will go
along the west property line of the Tom Anderson's property.
Additionally, the Applicant shall be required to comply with the actions of the
City Council from their July 17, 200 I meeting as follows:
57. The White Drain Sewer Trunk easements are necessary and shall be
within the City limits.
58. At such time as OwnerlDeveloper proposes a development for that
portion annexed herein, which is not yet subject to a specific application
for development, Owner/Developer shall make reasonable
accommodation of the concerns expressed by Mr. Brian English
regarding placement of access onto the property from Linder Road in
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PRlMELAND DEVELOPMENT
CO., LLP / BRIDGETOWER CROSSING SUBDIVISION - (AZ-OI-003 )
Page 31
such a way as to minimize headlight glare from vehicles leaving the
property and shining onto the English residence at 4650 North Linder
Road, Meridian, Idaho
59. Applicant to coordinate with Tom Anderson the fencing that will go
along the west property line of the Tom Anderson's property.
NOTE: This annexation and the accompanying zoning designation allow
development of the annexed parcel under the Planned Development
Ordinance. Concurrently, with the application for annexation and zoning, the
applicant also submitted an application for approval of preliminary plat and an
application for a conditional use permit. The accompanying preliminary plat
and conditional use permit applications covered only a portion of the property
being annexed herein. By reviewing the proposed preliminary plat and
conditional use applications, the Council finds that the remainder of the
annexed property will be appropriate for an additional number of residential
lots, and for uses other than residential in accordance with the Planned
Development Ordinance, as well as a school site. This project is approved in
concept only. The concept includes: maximum number of residential lots not
to exceed 692, mixed uses, school site, setbacks, collector roadways, amenities
and open space. The applicant recognizes that the approval is in concept only
and that detailed approval shall be required by submittal of all appropriate
applications, including, but not limited to, preliminary plat or plats and
conditional use permit or permits. The detailed approval shall be subject to all
applicable Ordinances unless otherwise approved under the original Planned
Unit Development application".
4. The City Attorney shall prepare for consideration by the City Council
the appropriate ordinance for the annexation and zorling designation of the real property
which is the subject of the application to (R-4) Low Density Residential District and (C-
G) General Retail And Service Commercial District, and Meridian City Code S 11-7-2
C. and K
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PRIMELAND DEVELOPMENT
CO., LLP / BRIDGETOWERCROSSING SUBDIVISION - (AZ-OI-003 )
Page 32
appropriate mapping changes of the official boundaries and zoning maps as provided in
Meridian City Code ~ II w21-1 in accordance with the provisions of the annexation and
zoning ordinance.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City of
Meridian. Pursuant to Idaho Code ~ 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 2 ~ day
of
t)v/tp~
, 2001.
ROLL CALL
COUNCILMAN RON ANDERSON
VOTED~~
COUNCILMAN KEITH BIRD
VOTED~
COUNCILWOMAN TAMMY deWEERD
VOTED~~
COUNCILWOMAN CHERIE McCANDLESS
VOTED a6~
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PlUMELAND DEVELOPMENT
CO., LLP! BlUDGETOWER CROSSING SUBDIVISION - (AZ-OI-003 )
Page 33
MAYOR ROBERT D. CORlUE (TIE BREAKER)
DATED: /0..- Z - 01
VOTED_
MOTION: LI.2L..
APPROVE~ DISAPPROVED:_
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and the City Attorney.
By:JI~~~ CA.
City Clerk , .
Dated: lo-I-c/
Z:\Work\!vl\Meridian\Meridian I 5360M\Bridgetower Crossing AZO] -003 PPO] -DOS
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PlUMELAND DEVELOPMENT
CO., LLP / BlUDGETOWER CROSSING SUBDIVISION - (AZ-OI-003 )
Page 34
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF HILLVIEW
LAND DEVELOPMENT, LLC,
FOR APPROVAL OF FINAL
PLAT FOR MACAILE
MEADOWS SUBDIVISION,
LOCATED SOUTH OF EAST
FAIRVIEW AVENUE AND
WEST OF NORTH
CLOVERDALE ROADS,
MERIDIAN, IDAHO
C/C 10/02/01
CASE NO. FP-OI-OI6
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council for Final Plat approval
pursuant to Meridian City Code 9 12-3-7 on October 2, 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 front Bruce
Freckleton, Engineering Technician III, and Brad Hawkins-Clark, Planner for
Planning and Zoning Administrator, listing 3 General Comments and 21 Site Specific
Comments, which are herein found fair and reasonable, and at the October 2, 200 I
meeting, Shari Stiles, Planning and Zoning Administrator, commented at the hearing,
and Jim Merkle of Hillview Land Development, LLC, appeared and testified, and no
ORDER OF CONDITIONAL AFPROV AL OF FINAL
PLAT FOR MACAILE MEADOWS SUBDIVISION (FP-OI-OI6)
- 1
one appeared in opposition, and the Council having considered the requirements of
the preliminary plat the Council takes the following action:
IT IS HEREBY ORDERED THAT:
1.
The Plat of l'MACAILE MEADOWS SUBDIVISION" as evidenced in
Plat bearing the "PLAT SHOWING MACAILE MEADOWS SUBDIVISION
LOCATED IN THE NE 1f4, SECTION 9, T. 3N., R. IE., B.M., MERIDIAN, ADA
COUNTY, IDAHO 2001, ENGINEElUNG NORTHWEST, LLC BOISE, IDAHO,
00-044-00, SHEET I OF 3, J:\HILLVIEW_CLOVERDALE_(OO-
044)\DRAWINGS\MACAILE_PLATl.DWG 8-21-01, STAMPED DATE: AUG 21
2001", and HILLIVEW LAND DEVELOPMENT, 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 Brad Hawkins~Clark, dated September 27, 200 l,
listing 3 General Comments and 21 Site Specific Comments, a true and correct
copies are attached hereto marked Exhibit HA", and consisting of four pages, and by
this reference incorporated herein, with the additional requirements as follows, to-
wit:
1.1 Deputy Fire Chief, Joseph Silva, requires that a fire-flow of 1,000
gallons per minute shall be available for duration of 2 hours to
service the entire project. Fire hydrants shall be placed an
average of 400' apart. 1997 UFC Appendix IILA.
ORDER OF CONDITIONAL APPROVAL OF FINAL
PLAT FOR MACAILE MEADOWS SUBDIVISION (FP-O 1-016)
- 2
1.2 Operational fire hydrants and temporary or permanent street
signs are required before combustible construction begins. UFC
901.4.2 & 901.3.
1.3 Acceptance of the water supply for fire protection shall be by the
Meridian Water Department.
1.4 Final approval of the fire hydrant locations shall be by the
Meridian Fire Department.
1.5 All radii shall be 28' inside and 48' outside radius.
1.6 All cul-de-sacs to be a 50' radius.
1.7 Insure all yet undeveloped parcels are maintained free of
combustible vegetation per section 1103.2.4 of the UFC.
1.8 The roadways shall be built to Ada County Highway Standards.
UFC 902.2.1.
1.9 The proposed 115-1ot subdivision with an estimated 2.8 residents
per household would have a total estimated population of 322
residents at build out. According to a report completed by Fire &
Emergency Services Consulting Group in February of 2000 our
requests for service are projected to reach 2800 in the year 2005
and 3800 by the year 2010, this is up from 2069 responses in the
year 2000.
1.10 The Nampa & Meridian Irrigation District is currently reviewing
the proposed project. The District reserves all comments until
the review process is complete.
1.11 Comply 'with the Central District Health Department's
Environmental Health Division on the Final Plat dated 9/4/01.
1.12 The Water Department recommends that Well 22 be on line
prior to issuing of any building permits.
ORDER OF CONDITIONAL APPROVAL OF FINAL
PLAT FORMACAlLE MEADOWS SUBDIVISION (FP-OI-016)
- 3
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:
2.1 The Plat dimensions are approved by the City Engineer; and
2.2 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-
si te improvements.
By action of the City Council at its regular meeting held on the
2 tv.!- day of t!J~ ,2001.
~Y-1J.~
R ROBERT D. CORRIE
Copy served upon Applicant, the Planning and Zoning Department and the Public
Works Department.
ByJl~124~
City Clerk
Dated:
/t7-//-t?/
z:\ W ork\M\Meridian\Meridian 15360M\Macaile Meadows Sub FPO 1-0 16\FPOrderO 1.0 16.doc+
ORDER OF CONDITIONAL APPROVAL OF FINAL
PLAT FOR MACAlLE MEADOWS SUBDIVISION (FP-OI-016)
- 4
;\ Gocx:i Place to Lve
c..\t~ em \ n Cl\ H-:5.
O~tobeJ 2,200\
I+em NO. t1...
CITY OF l'v1ERIDIAN
Keith Bird
TammydcWeerd
ClCnC McGndlcss
33 EAST IDAHO
MERIDIAN, IDAHO 83642
(:::08) 888-4433 ' F.A..'{ (~8) 887.-1813
Gty Qcd;. Office Fa.': (208) 888-4218
MEMORANDUM:
September 27,2001
To: Mayor & City Council
From: Brad Hawkins-Clark, Planner~\\~ ~
Bruce Freckleton, Assistant to City Enginee~
Re: Macaile Meadows Subdivision
· Final Plat of 115 Building Lots and 18 other lots by Hillview Land
Development, LLC (File FP-OI-016).
We have reviewed this submittal and offer the following comments, as conditions of the
applicant. These conditions shall be considered in full, unless expressly modified or deleted
by motion of the Meridian City Council:
LOCATION
The parcel is located south of Fairview Avenue and north of Pine Street, Yt mile west of
Cloverdale Road.
SURROUNDING PROPERTIES
North: Vacant Parcel & Terrace Lawn Memorial Gardens, zoned RUT and WaIMart, zoned C-C.
South: Westdale Park Subdivision, zoned R-8.
East: Seventh Day Adventist Church, zoned "A" (Boise City).
West: Crossroads Subdivision, zoned R-4.
SITE SPECIFIC COMMENTS:
1. Make corrections necessary to conform with the letter from the Ada County Street Name
Committee.
2. Coordinate fire hydrant placement with the City of Meridian Public Works Department.
3. Due to the shallow depth of the existing sewer near this proposed subdivision, the applicant
proposes to sewer this subdivision with a lift station located in a common lot near the
southern boundary. The Public Works Department has no objections to this proposal if the
following conditions are met:
A. The existing sewer manhole(s) into which the lift station discharges is retrofitted to
protect it from hydrogen sulfide corrosion.
B. Provision is made for either additional emergency storage in the wet well, or pennanent
backup power (generator) is incorporated into the lift station.
~ MClldoWl.FP.doc
/ ..~. . Ma'~or&CitYCouncil
September 27,2001
Page 2
C. The lift station shall be situated on a separate lot that will be conveyed to the City of
Meridian. Landscape maintenance around. this lot shall be the responsibility of the
Homeowners Association.
4. Water service to this site is being proposed via extensions from existing mains in Westdale
Park subdivision to the south. 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.
5. One-hundred-watt, high-pressure sodium streetlights will be required at locations designated
by the Public Works Department. All streetlights shall be installed at subdivider1s expense.
Typical locations are at street intersections and/or fire hydrants.
6. Applicant shall be responsible to construct permanent, six-foot-high fencing as depicted on
the Landscape Plan, Sheet L-l, dated 8-15-01, prepared by The Land Group, Inc.. Since the
fencing plan is unclear on the east and west boundaries of the open space lot (Lot 3, Block 9),
Staff want to confirm that a 4.foot cedar fence with 2' lattice is required along these
boundaries. This same type fence shall also be required along the east boundary of Lot 16,
Block 11. Any modifications "to the fencing types and locations on that sheet must be
approved in writing by the Planning & Zoning Department. Fencing is to be in place prior to
applying for building pennits.
7. The developer shall ensure that fence height restrictions for the four (4) lots adjacent to the
micropath (Lots 8, 10, 24 and 25, Block 10) are included in the deeds of these lots. The
developer shall also be required to construct this micropath fencing, not the future
homeowners. In accordance with Ordinance 12-12-12.9 (Landscape Ordinance), the fence
height restriction along Lot 9, Block 10 shall be included as a note on the Final Plat.
8. Five percent (5%) common open space is required per City Ordinance 12-13-16. The open
space provided in Lot 3, Block 9, Lot 9, Block 10 and the six (6) street buffer lots exceeds
the required amount.
9. The Landscape Plan submitted with the Pinal Plat (Sheet L-l, Land Group, dated 8-15-01)
meets all requirements of Ordinance 12-12 and conditions of the approved Preliminary Plat
and is approved as shown.
10. 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 fmal
plat.
1 I. The approved Preliminary Plat included a call-out note in the NE corner for the location of
the ACHD access easement to Cloverdale Road. However, the note has been removed on the
Pinal Plat. Add a note and/or call-out to the Final Plat designating where the Cloverdale
access easement is to be constructed and that it is an ingress/egress easement in favor of
ACED.
u
Macail.o Meadow9>FP.OOe
City Council
September 27,2001
Page 3
12. The approved Preliminary Plat contains a note and call-outs for the minimum house sizes
adjacent to Crossroads Subdivision and Westdale Park Subdivision, but there is no reference
to these on the Final Plat. Applicant shall add call-outs on each affected lot with
accompanying notes addressing the minimum house of 1,350 s.f. along the west boundary
and 1,500 s.f. along the south boundary, as approved on the Preliminary Plat.
13. A condition of the Preliminary Plat and ACHD was that the developer construct a traffic
choker at the eastside of the ParkdalelDriftwood intersection. This is an off-site improvement
and not required to be shown on the Final Plat. However, since a condition was that the
chokers be landscaped, Staff requests a landscape plan be submitted for this choker. Said
landscape plan shall be submitted to the P&Z Department for approval prior to issuance of
any certificates of occupancy.
14. All construction traffic related to the development of Mac aile Meadows Subdivision shall use
the Cloverdale Road access road rather than Parkdale Drive. The Applicant shall install
proper signage on Cloverdale Road and notify all contractors that access to Parkdale Drive is
not for construction purposes.
IS. In accordance with City Ordinance 12-13-8-1, underground year-round pressurized irrigation
must be provided to all lots. Applicant shall be required to utilize any existing surface or
well water for the primary source. If City water is proposed as a secondary source, developer
shall be responsible to pay water assessments for the conunon landscaped areas. Applicant
has not indicated whether the pressurized irrigation system within this development is to be
o\Vtled and maintained by an association or the Nampa & Meridian Irrigation District. If the
system is to be owned and maintained by the Nampa & Meridian Irrigation District, a
seperate lot will need to be created for the pumping facility. If the system is being proposed
as a private system, plans and specifications for the irrigation system shall be reviewed by the
Public Works Department as part of the development plan review process.
16. Applicant's engineer will be required to submit a signed, stamped statement certifying that
all street finish centerline elevations are set a minimum of three feet above the highest
established normal groundwater elevation
17. Please submit any updated soils/groundwater monitoring data collected since the initial
investigation date.
18. Add "Information of Record" from adjacent platted subdivisions, when their bearings and/or
distances differ from those shown on this plat.
19. Add the descriptive call-outs for the 1/16th corners shown, (ex: Center-North 16th Comer)
20. Graphically depict ten-foot wide easements for irrigation along the north side of the
following lots: 6 and 24, Block 8, 18, Block 9, 21 and 25, Block 7.
21. Please add or revise the following plat notes:
.,
MacaU" Me&lowo.FP.doc
(8) B!ceel'lt as Roted, building...regulations at the time flf issuaooe af a building
~ of the City of lvleridian.
(l0) Remove note in its entirety, or re-word to be non-exclusive and encroachable.
(11) . . . shall be for single family residential homes only.
GENERAL REQUIREMENTS:
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. The ditches to be piped should be shown on the site plans. Plans will
need to be approved by the appropriate irrigation/drainage district, or lateral users
association, with written confrrmation of said approval submitted to the Public Works
Department.
2. Any existing domestic wells andlor septic systems within this project will have to 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. Five-foot-wide sidewalks and pedestrian walkways shall be provided in accordance with City
Ordinance Section 12-5-2.K.
RECOMMENDATION:
Staff recommends approval of the Final Plat with the above conditions.
1/
BEFORE THE MERIDIAN CITY COUNCIL
C/C 10-10-01
IN THE MATTER OF THE APPLICATION )
FOR THE FINAL PLAT FOR RESOLUTION)
SUBDIVISION NO.2, LOCATED AT )
OVERLAND AND LOCUST GROVE
ROADS, MERIDIAN, IDAHO
CASE NO. TE-OI-008
ORDER GRANTING A ONE
( I) YEAR TIME
EXTENSION
FOR FILING THE
FINAL PLAT
BY: G.L. VOIGT DEVELOPMENT
This matter coming on regularly before the City Council on the 2nd day of
October, 2001, upon the Applicant's time application for a one (I) year extension
within which to submit the Final Plat, which was originally approved on October 3,
2000, as provided in S 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 (I) year extended period of time
until October 3, 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 2nd day of October,
2001.
Order Granting A One (1 ) Year Time Extension For Filing
The Final Plat (TE-OI-008)
DATED this 2fJJl day of tfJull? ku
,2001.
Copy served upon Applicant, Planning and Zoning Department, Public Works and
the City Attorney.
-01
Z:\ W ork\M\M eridi an\Merid i an
Order Granting A One (1 ) Year Time Extension For Filing
The Final Plat (TE-OI-008)
2