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HomeMy WebLinkAbout2001 06-19 .. ...... rI' .. .. .... ~ r1'rI'Yrl' .I' ..... .1'.1'.1'.1''': "1""...1' ... ~... *--:. ~..: -. .I' ~rI'.... -;:::.:'" ::. -:::. - /.~-;. ~ ~ ~ ~~~~~~ .... ~"",w" Yrl' ./~.... . c..... ( CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday I June 19, 2001 at 6:30 p.m~ City Council Chambers 1. Roll-call Attendance: Tammy de Weerd Cherie cCandless Mayor Robert Corrie 2. Adoption of the Agenda: a,f'PJ-O ~ wIlL ~~ Ron Anderson Keith Bird 3. Consent Agenda: J'lt..O ve 10 !>" - c. A. Findings of Fact and Conclusions of Law for Approval: AZ 01-007 Request for annexation and zoning of 4 acres from R-1 to C-C for proposed Hark's Corner by Van Hees Properties - 119 South Linder Road: a.-~ V'~ Findings of Fact and Conclusions of Law for Approval: CUP 01-011 Request for a Conditional Use Permit for commercial development with fueling stations, drive-thru, coffee shop, carwash and future retail in a proposed C-C zone for proposed Hark's Corner by Van Hees Properties -119 South Linder Road: atprove, Tabled from June 5, 2001: Findings of Fact and Conclusions of Law: CUP 01-009 Request for Conditional Use Permit for planned development to include office, retail and industrial for proposed Treasure Valley Technical Center by Meridian Freeway Associates and DBSllndustrial Limited Partnership - % mile east of Linder Road, north side of Overland Road: . .. ajJ}Jro~ tt//rlu <Y/-tLR ~odt'n'cQ./+rfrn-~ Findings of Fact and Conclusions of Law: RZ 01-003 Request for rezone from R-4 to C~C for Partition Specialties, Inc by Ronald and Coleen Schaub -1315 North Meridian Road: h.v /-e- ~ 7 ~ 2-1 f2::=- j1v~ Order to Remand to Planning and Zoning: AZ 00-019 Request for Annexation and Zoning of 1 OO~ 71 acres from RUT -R-4 for proposed Cedar Springs by J-U-B Engineers, Inc - northwest of Meridian and Ustick Roads: ~fPY o~ B. D. E. Meridian City Council Agenda - June 19,. 200 I Page I of5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, Please contact the C jty Clerk's Office at 888- 4433 at least 48 hOUrs Prior to the PUbliC meeting. (~'.".:.... .. ('.-.-. .1'",.1'.. . .. .. F. Order of Remand to Planning and Zoning: PP 00-018 Request for Preliminary Plat approval for 333 building lots and 25 other lots on 99.83 acres in an R-4 zone for proposed Cedar Springs by J-U- B Engineers, Inc - northwest of Meridian and Ustick Roads: apprvt/JC.- G. Approve minutes of May 1, 2001, City Council Meeting: CiJ>r-Pv~ H. Approve minutes of May 23,2001, Special City Council Meeting: (tjJfJ171~ t Approve minutes of April 3, 2001, City Council Meeting: af17lQV..JL,. J. Approve minutes of May 9,2001, Special City Council Meeting: ~C>VfL" Department Reports: fL, Ac 4. r'bV f~1 A. Public Works Department - Gary Smith ~' 4.Y 5.'~ 1 ~ Wastewater Treatment Plant Water Line Project - Change Order No.1: ~Tt7f/e-- Agreement for Roadway ConstructionlWater and Sewer Improvements - Locust Grove Road, Fairview to Ustick: tJV?J:n19v~ Biosolids Dewatering Facility - Increase to Carolla Engineers' Professional Services Agreement: PifJpn9 v~ Ashford Greens Subdivision No. 5 - Storm Drainage Easement: t:iYPt~ C Standby Generators at Wells No~ 17 and No. 19 - Lease Ag reeme nt: /t.;t9,1'f...1L Diesel Delivery and Storage Trailer Unit - Lease Agreement: ~ 2~ 3. 5. (Items Moved from Consent Agenda) 6. Tabled from May 15,2001: FP 01-007 Final Plat approval of 36 building lots and 2 other lots on 10~66 acres in an R-4 zone for Bear Creek Subdivision No. by Briggs Engineering - east of Stoddard and south of Overland Road: ~ole t~/.1 JU~ JI!!!- /WI-;- 7. Tabled from June 5, 2001: FP 01-009 Request for Final Plat approval of 13 building lots and 3 other lots on 6~36 acres for Meridian Green - Unit No.4 by Fuller/Scott Investment Company and Glanco - east and west sides of Southeast 5th Way south from Overland Road: frP(~ ~~7 uaLfJ 3P3l.l1v~ Meridian City Council Agenda - June 19,2001 Page 2 of5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings,. please contact the City Clerk's Office at 888- 4433 at least 48 hOUrs Prior to the PUbliC meeting. 8. e.,to ytvOV -1! V~ 9. t(tfP'V 10. 11. 12. 13. ~':~ (' 14. Tabled from June 5,2001: CUP 01-013 Request for a Conditional Use Permit for the manufacturing of inflatable boats in an I-L zone for Elliott Business Park by H2NR, LLC - east of Locust Grove and south of East Wilson Lane: a Iv jYUo//cVLe -/fI: 1el-L rfiA- d/;>pn'Jtr~ Tabled from June 5,2001: CUP 01-010 Request for a Conditional Use Permit for a free~standing coffee hut with a drive..thru in a proposed C-G zone for proposed Moxie Java by T JBJ, Incp - 1975 East Fairview: ~-f~:f fa fhLP~V'-t- P(F-I e/~ .fin- ~/R-PYfP"-~ Continued Public Hearing from June 5,2001: AZ 00-023 Request for annexation and zoning of 156.21 acres from RT to R4 for proposed Tuscany Lakes Subdivision by Gem Park II Partnership - south of Victory Road and west of Eagle Road: . a,,~~:J fo (chLf.CVtL Plf f e..U ~ ~~ Continued Public Hearing from June 5, 2001: PP 00-024 Request for Preliminary Plat approval of 353 building lots and 39 other lots on 156.21 acres in a proposed R-4 zone for proposed Tuscany Lakes Subdivision by Gem Park II Partnership - south of Victory Road and we~t of Eagle Road: ~ ~'1 Yo f>:'LP~ fl f <{ el.,( fdrv~/~ Continued Public Hearing from June 5, 2001: CUP 00-052 Request for a Conditional Use Permit to construct a planned residential development in a proposed R-4 zone for proposed Tuscany lakes Subdivision by Gem Park 11 Partnership - south of Victory Road and west of Eagle Road: a.-f'~1 t<o ~pClAL ~/11c1~ ~ ct~/~ Continued Public Hearing from June 5,2001: PP 01-008 Request for Preliminary Plat approval of 1 building lot and 1 ACHD Park and Ride lot on 6.36 acres in a C..G zone for proposed Travelers Corner by Pinnacle Engineers, Inc - southeast of Interstate 84 and Meridian Road: a~1 -#? ;rne-p~ -rIP I e./L -fr;r-c&pprdvd Continued Public Hearing from June 5, 2001: VAR 01-006 Request for variance of the street length ending in a cul-de-sac from the maximum length of 450 feet to an increased length of 495 feet for a proposed Park- and-Ride Lot by W.H. Moore Company - northeast corner of Overland and Meridian Roads: 6&-fm/l.L ~ 10 fhLfJCVLA: F/? t (] l,e Iiv ~J'l1rt;vd Continued Public Hearing from June 5, 2001: CUP 01-014 Request for a Conditional Use Permit for a Christian Ministry for office space and an Afte rcarerrransitiona I home for men, serving as a group-living environment for 14 men and 1 live~in House Supervisor in an R-4 zone for Whole Life Restoration House by B~A.S.LC. Outreach Ministries, Inc - 1304 West 1st Street: Ct;J??/-h'nuJL {VYv~ 7 ~ Continued Public Hearing from June 5, 2001: RZ 01-004 Request for a rezone of 8.29 acres from L~O to C-G for Waltman Court Subdivision 15. 16. Meridian City Council Agenda - June 19, 200 I Page 3 of5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings~ please contact the City Clerk~s Office at 888.. 4433 at least 48 hOUrs Prior to the PUbliC meeting. 17. 18. 19. 20. 21. !~ ~ . \ ....~:... .. (" ..: 22. by John Goade - south of Troutner Business Park, between Waltman Lane and Ten Mile Road: r/ P J / r a; fc jJ1LjJCvt-e IIr " e/~ "fCl-/ wppjt~~ Continued Public Hearing from June 5, 2001: PP 01-007 Request for Preliminary Plat approval of 6 building lots and 1 other lot on 8.29 acres in a proposed C-G zone for proposed Waltman Court Subdivision by John and Sandra Goade - south of Troutner Business Parkt between Waltman Lane and Ten Mile Road: /}/ I r _ ~~ ?v-f,. (-0 ~p~ rl;:' ( e ~e .,-yv ~prv" Continued Public Hearing from June 5, 2001: RZ 01-004 Request for a rezone from an R-8 to L~O zone for Meridian Water Department by Meridian Water Department - 2235 Northwest 8th Street: at~~ fo ~p~ FI P f c/1 M Nn-rvV~ Continued Public Hearing from June 5, 2001: VAR 01-005 Request for a variance of the rear property setback from 15 feet to 11.5 feet for property to be used for single-family dwelling by John Flaherty Construction, Inc. - 2421 East Weir Creek Drive: a/7;7n'v...e- A/; ~Ma.W' -a..L ./t.2 f &t..eS ~ "0/ a;::Jpf. ~ c~ Public Hearing: 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, Co. LLP - north of Ustick and east of Ten Mile Roads: co-uh~ pilL To ;red, ?~ ~ Public Hearing: CUP 01-006 Request for Conditional Use Permit for 692 single*family lots, 59 townhomes, 17 office lots and 1 0 commercial lots on 370.55 acres in proposed R-4 and C-G zones for proposed Bridgetower Crossing Subdivision by Primeland Development, Co. LLP - north of Ustick and east of Ten Mile Roads: ci~-h }t ~ p / It- fv J" teL J 31J:i- ~t;r Public Hearing: VAR 01-008 Request for variance for the reduction of two required parking spaces for Moxie Java by T JBJ, Inc. - 1975 East Fairview: d;(~3 fo ~F6~ ~/F {(t/~ h-v ~vaL Public Hearing: VAR 01-007 Request for a variance to exceed the maximum 1,000 foot block length for proposed Macaile Meadows Subdivision by Hillview Land Development, LLC - south of Fairview Avenue, north of Pine Street and % mile west of Cloverdale Road: ~-/JhuJL piA- to ~ Z7fr/~ Public Hearing: AZ 01-005 Request for annexation and zoning of 28.59 acres from RUT to R-8 for proposed Macaile Meadows Subdivision by Hillview Land Development, LLC - south of Fairview and west of Cloverdale Roads: I __ TL n 2]J;Z ~ Ccnvf>h~ pIlL Iv VV~ ,~ J Public Hearing: PP 01-006 Request for Preliminary Plat approval of 115 building lots and 15 other lots on 28.59 acres in a proposed R-8 zone for 23. 24. 25. Meridian City Council Agenda - June 19, 200 I Page 4 of5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings" please contact the City Clerk's Office at 888.. 4433 at least 48 hOUrs prior to the PUbliC meeting. ( ~ (" proposed Macaile Meadows Subdivision by Hillview Land Developmentl LLC - south of Fairview and west of Cloverdale Roads: COJ',.>fr'J-vtd- fJ IlL fo ~ z 1 e- - 26. FP 01-01 0 Request for Final Plat approval of 16 buil 1"9 lots and 4 other lots on 5.17 acres in an R-4 zone for Devlin Place Subdivision No.2 by J-U..B Engineers, Inc* - north of Cherry Lane and south of Devlin No.1: ~ov~ pvJ71vS 27. Water, Sewer and Trash Delinquencies: ap;un:>VR..- b -2<7-o( t 6 -27-tJ( Meridian City Council Agenda - June 19, 200 I Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings:t please contact the City Clerk's Office at 888- 4433 at least 48 hOUrs Prior to the PUbliC meeting. {:..... . ( CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, June 19, 2001 at 6:30 p~m. City Council Chambers 1. Roll-call Attendance: X Tammy de Weerd X X Cherie McCandless X X Mayor Robert Corrie Ron Anderson Keith Bird 2. Adoption of the Agenda: Approve with Amendments 3. Consent Agenda: A. Findings of Fact and Conclusions of Law for Approval: AZ 01-007 Request for annexation and zoning of 4 acres from R-1 to C-C for proposed Hark's Corner by Van Haas Properties - 119 South Linder Road: Approve B. Findings of Fact and Conclusions of law for Approval: CUP 01-011 Request for a Conditional Use Permit for commercial development with fueling stations, drive-thru, coffee shop, carwash and future retail in a proposed C-C zone for proposed Hark's Corner by Van Hees Properties - 119 South Linder Road: Approve c. Tabled from June 5, 2001: Findings of Fact and Conclusions of Law: CUP 01-009 Request for Conditional Use Permit for planned development to include office, retail and industrial for proposed Treasure Valley Technical Center by Meridian Freeway Associates and DBSllndustrial Limited Partnership - % mile east of Linder Road, north side of Overland Road: Move to 5-C D. Findings of Fact and Conclusions of law: RZ 01-003 Request for rezone from R-4 to C-C for Partition Specialties, Jne by Ronald and Coleen Schaub - 1315 North Meridian Road: Table to 6-27 -01 E. Order to Remand to Planning and Zoning: AZ 00-019 Request for Annexation and Zoning of 100~71 acres from RUT-R-4 for proposed Cedar Springs by J-U-B Engineers, Inc - northwest of Meridian and Ustick Roads: Approve Meridian City Council Agenda - June 19, 200 I Page I of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk~s Office at 888- 4433 at least 48 hOUrs prior to the PUbliC meeting. (" F. Order of Remand to Planning and Zoning: PP 00-018 Request for Preliminary Plat approval for 333 building lots and 25 other lots on 99.83 acres in an R...4 zone for proposed Cedar Springs by J-U- B Engineers, Inc - northwest of Meridian and Ustick Roads: Approve G. Approve minutes of May 1,2001, City Council Meeting: Approve H; Approve minutes of May 23, 2001, Special City Council Meeting: Approve t Approve minutes of April 3,2001, City Council Meeting: Approve J. Approve minutes of May 9, 2001, Special City Council Meeting: Approve 4. Department Reports: A. Public Works Department - Gary Smith 1 ~ Wastewater Treatment Plant Water Line Project - Change Order No.1: Approve 2~ Agreement for Roadway ConstructionlWater and Sewer Improvements - Locust Grove Road, Fairview to Ustick: Approve 3. Biosolids Dewatering Facility - Increase to Carolla Engineers' Professional Services Agreement: Approve 4~ Ashford Greens Subdivision No. 5 - Storm Drainage Easement: Omit 5. Standby Generators at Wells No. 17 and No. 19 - Lease Agreement: Approve 6. Diesel Delivery and Storage Trailer Unit - Lease Agreement: Approve 5. (Items Moved from Consent Agenda) c. Tabled from June 5, 2001: Findings of Fact and Conclusions of law: CUP 01-009 Request for Conditional Use Permit for planned development to include office, retail and industrial for proposed Treasure Valley Technical Center by Meridian Freeway Meridian City Council Agenda - June 19, 2001 Page 2 of2 All materials presented at public meetings shall become property of the City ofMcridian. Anyone desiring accommodation for disabilities retated to documents and/or bearings, please contact the City Clerk'S Office at 888. 4433 at least 48 hOUrs Prior to the PUbliC meeting. Associates and DBSllndustrial Limited Partnership - % mile east of Linder Road, north side of Overland Road: Approve with Staff Mod ifications 6. Tabled from May 15, 2001: FP 01-007 Final Plat approval of 36 building lots and 2 other lots on 1 O~66 acres in an R-4 zone for Bear Creek Subdivision No.2 by Briggs Engineering - east of Stoddard and south of Overland Road: Table to 7-3-01 7. Tabled from June 5, 2001: FP 01-009 Request for Final Plat approval of 13 building lots and 3 other lots on 6~36 acres for Meridian Green - Unit No.4 by Fuller/Scott Investment Company and Glenco - east and west sides of Southeast 5th Way south from Overland Road: Table to 7-3...01 8. Tabled from June 5, 2001: CUP 01-013 Request for a Conditional Use Permit for the manufacturing of inflatable boats in an I-L zone for Elliott Business Park by H2NR, LLC - east of Locust Grove and south of East Wilson Lane: Attorney to Prepare Findings of Facts and Conclusions of Law for Approval 9. Tabled from June 5,2001: CUP 01-010 Request for a Conditional Use Permit for a free-standing coffee hut with a drive-thru in a proposed C-G zone for proposed Moxie Java by T JBJ, Inc. - 1975 East Fairview: Attorney to Prepare Findings of Facts and Conclusions of Law for Approval 10. Continued Public Hearing from June 5,2001: AZ 00-023 Request for annexation and zoning of 156~21 acres from RT to R-4 for proposed Tuscany lakes Subdivision by Gem Park II Partnership - south of Victory Road and west of Eagle Road: Attorney to Prepare Findings of Facts and Conclusions of Law for Denial 11. Continued Public Hearing from June 5, 2001: PP 00-024 Request for Preliminary Plat approval of 353 building lots and 39 other lots on .156~21 acres in a proposed R-4 zone for proposed Tuscany Lakes Subdivision by Gem Park II Partnership - south of Victory Road and west of Eagle Road: Attorney to Prepare Findings of Facts and Conclusions of law for Denial 12. Continued Public Hearing from June 5, 2001: CUP 00-052 Request for a Conditional Use Permit to construct a planned residential development in a proposed R-4 zone for proposed Tuscany Lakes Subdivision by Gem Park II Partnership - south of Victory Road and west of Eagle Road: Attorney to Prepare Findings of Facts and Conclusions of law for Denial Meridian City Council Agenda - June 19" 2001 Page 3 of3 AIl materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, Please contact the City Clerk)s Office at 888- 4433 at least 48 hOUrs prior to the PUbliC meeting. ( 13. Continued Public Hearing from June 5, 2001: PP 01-008 Request for Preliminary Plat approval of 1 building lot and 1 ACHD Park and Ride lot on 6.36 acres in a C-G zone for proposed Travelers Corner by Pinnacle Engineers, Inc - southeast of Interstate 84 and Meridian Road: Attorney to Prepare Findings of Facts and Conclusions of law for Approval 14. Continued Public Hearing from June 5, 2001: VAR 01-006 Request for variance of the street length ending in a cul-de~sac from the maximum length of 450 feet to an increased length of 495 feet for a proposed Park- and-Ride Lot by W.H. Moore Company - northeast corner of Overland and Meridian Roads: Attorney to Prepare Findings of Facts and Conclusions of law for Approval 15. Continued Public Hearing from June 5, 2001: CUP 01-014 Request for a Conditional Use Permit for a Christian Ministry for office space and an AftercareJTransitional home for men, serving as a group-living environment for 14 men and 1 live-in House Supervisor in an R-4 zone for Whole Life Restoration House by B.A.S.LC. Outreach Ministries, Inc - 1304 West 1st Street: Continue to 8-7-01 Meeting 16. Continued Public Hearing from June 5, 2001: RZ 01-004 Request for a rezone of 8.29 acres from L-O to C-G for Waltman Court Subdivision by John Goade - south of Troutner Business Park, between Waltman Lane and Ten Mile Road: Attorney to Prepare Findings of Facts and Conclusions of Law for Approval 17. Continued Public Hearing from June 5,2001: PP 01-007 Request for Preliminary Plat approval of 6 building lots and 1 other lot on 8~29 acres in a proposed C-G zone for proposed Waltman Court Subdivision by John and Sandra Goade - south of Troutner Business Park, between Waltman Lane and Ten Mile Road: Attorney to Prepare Findings of Facts and Conclusions of Law for Approval 18. Continued Public Hearing from June 5,2001: RZ 01-004 Request for a rezone from an R-8 to L-Q zone for Meridian Water Department by Meridian Water Department - 2235 Northwest 8th Street: Attorney to Prepare Findings of Facts and Conclusions of Law for Approval 19. Continued Public Hearing from June 5, 2001: VAR 01-005 Request for a variance of the rear property setback from 15 feet to 11.5 feet for property to be used for single-family dwelling by John Flaherty Construction, Inc. - 2421 East Weir Creek Drive: Approve Withdrawal Request by Applicant 20. Public Hearing: 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 Meridian City Council Agenda -June 19~ 2001 Page 4 of4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888- 4433 at least 48 hOUrs Prior to the PUbliC meeting. ( (~ (,.. . zones for proposed Bridgetower Crossing Subdivision by Primeland Development, Co. LLP - north of Ustick and east of Ten Mile Roads: Continue to 7 ..3-01 21. Public Hearing: CUP 01-006 Request for Conditional Use Permit for 692 single-family lots, 59 town homes, 17 office lots and 1 0 commercial lots on 370.55 acres in proposed R-4 and C,..G zones for proposed Bridgetower Crossing Subdivision by Primeland Development, Co~ LLP - north of Ustick and east of Ten Mile Roads: Continue to 7-3-01 22. Public Hearing: VAR 01-008 Request for variance for the reduction of two required parking spaces for Moxie Java by T JBJ, Inc~ - 1975 East Fairview: Attorney to Prepare Findings of Facts and Conclusions of Law for Approval 23. Public Hearing: VAR 01-007 Request for a variance to exceed the maximum 1,000 foot block length for proposed Macaile Meadows Subdivision by Hillview Land Development, LLC - south of Fairview Avenue, north of Pine Street and % mile west of Cloverdale Road: Continue to 6-27-01 24. Public Hearing: AZ 01~005 Request for annexation and zoning of 28.59 acres from RUT to R-8 for proposed Macaile Meadows Subdivision by Hillview Land Development, LLC - south of Fairview and west of Cloverdale Roads: Continue to 6-27 -01 25. Public Hearing: PP 01-006 Request for Preliminary Plat approval of 115 building lots and 15 other lots on 28~59 acres in a proposed R-8 zone for proposed Macaile Meadows Subdivision by Hillview Land Development, LLC - south of Fairview and west of Cloverdale Roads: Continue to 6-27 -01 26. FP 01-010 Request for Final Plat approval of 16 building lots and 4 other lots on 5~ 17 acres in an R-4 zone for Devlin Place Subdivision No. 2 by J-U-B Engineers, Inc. - north of Cherry Lane and south of Devlin No~ 1: Approve with Staff Comments . 27. Water, Sewer and Trash Delinquencies: Approve turn-off dates of 6-20-01 and 6-27 -01 Meridian City Council Agenda-June .19, 2001 Page 5 of5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommOdation for disabilities related to documents andlorhearings, Please contact the City Clerk's Office at 888w 4433 at least 48 hours prior to the PUbliC meeting. ('" ... . (: Meridian City Council Meeting June 19. 2001 The regularly scheduled meeting of the Meridian City Council was called to order at 6:30 PwM on Tuesday June 19,2001 by Mayor Robert D. Corrie. Members Present: Mayor Robert Corrie, Keith Bird, Ron Anderson, Tammy de Weerd and Cherie McCandless. Others Present: Gary Smith Corrie: Okay. Thank you for your patience~ I'm sorry we're getting started 15 minutes later tonight. I want to welcome everybody here. If you've got any cell phones, I would appreciate it if you'd turn them off. I guess I'd better do mine too hadnft I? This may seem, its going to be a little complicated, but we'll walk you through it. We're going to get as much done tonight as we can on these Public Hearings. What we don't get to, we're going to do them next week on Wednesday night, the 27th. All non-land use items, such as final plats and that nature, weJII do on the 26th. That's a regular meeting. We'll see where we are by pretty close to 10:00~ Then those that we don't get to on the Public Hearings, we will have them next week on the 28th and getting everything done this month. (inaudible discussion) Corrie: 27th, I can't get California out of my mind here. But the 27th. I'll kind of go along and let you know where we are here. We figure that we want to get everything out of here by this month because if we don't we just keep adding to the next one and the next one. Pretty soon, we've got 50 Public Hearings in one night and we never do get to them and they just keep dragging on~ We will try that and see how it works. Mr9 Clerk would you have roll call please. Item 1. Roll-call Attendance: X Tammy de Weerd X X Cherie McCandless X X Mayor Robert Corrie Ron Anderson Keith Bird Item 2. Adoption of the Agenda: Corrie: Okay. The next item is the adoption of the agenda. Council, we've been requested by legal to table D. Mr. Nichols, would that be the 27th that you had that down or the 3rd? Nichols: Mayor, we can have it on the 27th. Corrie: I would say then that legal would like to have it the 27th. We have a request on department reports item No~ 4 Ashford Greens subdivision, No~ 5 storm drainage easement, Mr~ Smitht that one has been taken out, correct? (. Meridian City Council Meeting June 19, 200 I Page 2 Okay. Item No.6, this is a final plat approval of Bear Creek. They have requested that that be tabled until July the 3rd meeting. Item No~ 7 is Meridian Greens unit No.4 and also has been requested to be tabled to July the 3rd. I think that's aiL Unless the Council has- Bird: Mr. Mayor~ Corrie: Mr. Bird. Bird: Number 9 moves to 22 A. Corrie: Oh, that's right. Number 9, the request for Conditional Use Permit by Moxie Java has been moved to 22A~ We need to do the variance before we do the Conditional Use Permit. So, No~ 9 will be moved to 22. Anything else? (inaudible discussion) De Weerd: Mr. Mayor. Corrie: Yes. De Weerd: I believe 19 requested to be withdrawn. Corrie: To be withdrawn? Bird: Yes. De Weerd: Taken off. Bird: Do we have to do that? Corrie: Let's see, that's a Public Hearing. We'll have to open it and close it, I believe. Is that right, Mr~ Nichols? Is there anybody here for the Public Hearing on the single family dwelling on No~ 19? It's a variancel yes. Okay. Nichols: Mr. Mayor, I would recommend, when you get to that item on the agenda that you ask if there's anybody there to testify and announce at that time that the matter has been withdrawn from consideration~ Corrie: Okay. Is there anything else that the Council has or the clerk has? De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I would like to move department reports to the end of our agenda~ (" \ (:::.....:. Meridian City Council Meeting June I 9~ 200 I Page 3 Corrie: All right Item No~ 4 will be moved to the last agenda right after water, sewer and trash delinquencies. Shari. Stiles: Mr. Mayor. Could item C of the consent agenda be moved to the regular agenda? Corrie: Item C? Stiles: Yes. Corrie: Okay. Bird: Move that to 5- Corrie: Move that one to 5- Bird: 5C Corrie: 5A? (inaudible discussion) Corrie: 5C. I'm sorry~ Bird: 5C. Corrie: All right. Stiles: Also, items 20 and 21 on the Bridgetower crossing subdivision, the annexation and zoning has been put to the July 3rd meeting~ So, I don't know whether you want to go ahead and hold those Public Hearings and table it or continue it. I believe that the applicant's representative is not going to be present tonight Corrie: Will they be here the 27th? De Weerd: No, July. Stiles: Probably nota July grd is when the annexation is up for Public Hearing. Corrie: Weil, if we keep this up, we'll be out of here by 8:00~ (inaudible discussion) De Weerd: Mr. Mayor~ (' \~ Meridian City Council Meeting June 19, 2001 Page 4 Corrie: Mrs~ de Weerd~ De Weerd: I move that we approve the agenda with the following changes. To move from the consent agenda 3C to 5e. To move department reports 4A to the end of the agenda, so it would be item No. 28~ To move item 9 to follow item 22 as 22A. And all other actions will have to fall under their individual item. Bird: Second. (inaudible discussion) Corrie: Was there a second? McCandless: What about D on the agenda? (inaudible discussion) McCandless: on the consent agenda? De Weerd: We'll handle that under consent (inaudible discussion) Corrie: There's been a motion to adopt the agenda~ Any further discussion? Roll call vote Mr. Berg. Roll-call: De Weerd, aye; Anderson, aye; McCandless, aye; Bird, aye. Item 3. Consent Agenda: A. Findings of Fact and Conclusions of Law for Approval: AZ 01-007 Request for annexation and zoning of 4 acres from R-1 to C-C for proposed Hark's Corner by Van Hees Properties - 119 South Linder Road: B. Findings of Fact and Conclusions of Law for Approval: CUP 01-011 Request for a Conditional Use Permit for commercial development with fueling stations, drive-thru, coffee shop, car wash and future retail in a proposed eRe zone for proposed Hark's Corner by Van Hees Properties - 119 South Linder Road: c. Tabled from June 5, 2001: Findings of Fact and Conclusions of law: CUP 01-009 Request for Conditional Use Permit for planned development to include office, retail Meridian City Council Meeting June 19, 2001 Page 5 c.. and industrial for proposed Treasure Valley Technical Center by Meridian Freeway Associates and DBSllndustrial Limited Partnership - % mile east of Linder Road, north side of Overland Road: D. Findings of Fact and Conclusions of law: RZ 01-003 Request for rezone from R-4 to e-G for Partition Specialties, Inc by Ronald and Coleen Schaub - 1315 North Meridian Road: E. Order to Remand to Planning and Zoning: AZ 00-019 Request for Annexation and Zoning of 100.71 acres from RUT-R-4 for proposed Cedar Springs by J-U-B Engineers, Inc - northwest of Meridian and Ustick Roads: F. Order of Remand to Planning and Zoning: PP 00-018 Request for Preliminary Plat approval for 333 building lots and 25 other lots on 99~83 acres in an R-4 zone for proposed Cedar Springs by J-U~B Engineers, Inc - northwest of Meridian and Ustick Roads: G. Approve minutes of May 1,2001, City Council Meeting: H~ Approve minutes of May 23, 2001, Special City Council Meeting: t Approve minutes of April 3,2001, City Council Meeting: J~ Approve minutes of May 9, 2001, Special City Council Meeti ng: Corrie: We will go now to item 5C- Bird: No. De Weerd: Three~ (inaudible discussion) Corrie: oh, that's right. We've got to do the consent agenda. All right, Bird: Mr. Mayor. Corrie: Mr. Bird. ( Meridian City Council Meeting June 19, 200 I Page 6 Bird: I would move that we approve the consent agenda with the exception of item D being tabled until June 27, 2001 and the rest remain as shown. McCandless: Second. Corrie: Motion's been made and second to approve the consent agenda with the correction of item D to be moved to the 27th of this month. Any further discussion? Roll call vote Mr. Berg~ Roll-call: De Weerd, aye; Anderson, aye; McCandless, aye; Bird, aye. MOTION CARRIED: ALL AYES Item 5. (Items Moved from Consent Agenda) c. Tabled from June 5,2001: Findings of Fact and Conclusions of Law: CUP 01-009 Request for Conditional Use Permit for planned development to include office, retail and industrial for proposed Treasure Valley Technical Center by Meridian Freeway Associates and DBSllndustrial Limited Partnership - % mile east of Linder Road, north side of Overland Road: Corrie: Now (inaudible). 5C which is tabled from the June 5, 2001 Findings of Facts and Conclusions of Law. It's a request for a Conditional Use Permit for a planned development to include office, retail and industrial for proposed Treasure Valley Technical Center by Meridian Freeway Associates and DBSI Industrial Limited Partnership. Stiles: Mr~ Mayor and CounciL Did you get the memo dated today regarding the changes to the findings? I met with Dan Bradshaw9 Bruce Freckleton and I met with Dan Bradshaw this morning9 As you may recall, at the last meeting, Mr. Bradshaw had submitted a position statement and we weren't quite in agreement on the way he had worded some of those items in the position statement. So, we met today and came to an agreement on rewording some of those~ I can go over those in detail or not. I did want to ask for your recollection, when they came through with this Conditional Use Permit, this is the site out where Western Electronics and DBSI currently is. My recollection was they were approved for the light industrial uses that were already. It's already zoned light industrial and that they would be permitted to do light industrial projects without coming back through the Conditional Use process. But if they wanted to do the non- conforming uses of office, retail or day care, then they would come back through the Conditional Use process. If Itm wrong on that --. That's what I recall. If that's not correct, -- Corrie: Council~ (:..... (; Meridian City Council Meeting June 19, 200 I Page 7 Bird: Mr. Mayor~ Corrie: Mr. Bird. Bird: I agree with SharL That's how I recall that it was presented. What it's zoned for is no problem but outside of that zonef then they come back for a Conditional Use Permit. Stiles: Okay. Bird: That was my understanding. Stiles: That was how this has been written then. Corrie: Any other, Council? Stiles: Okay. Thank you. I would ask that you approve those findings with the modifications noted in my memo dated June 19, 2001 ~ De Weerd: Mr~ Mayor. Corrie: Mrs~ de Weerd. De Weerd: I move that we approve the Findings of Facts and Conclusions of Law on RZ 01-003, request for rezone to include all staff comments in the memorandum dated June 19th. Bird: Second. Corrie: Motion made and second to approve the Findings of Facts and Conclusions of Law with the modifications that was approved on the (inaudible). Any further discussion? Mr. Berg roll call vote please. Roll-call: De Weerd, aye; Anderson, aye; McCandless, aye; Bird, aye~ MOTION CARRIED: ALL AYES Item 6. Tabled from May 15, 2001: FP 01-007 Final Plat approval of 36 building lots and 2 other lots on 10~66 acres in an R-4 zone for Bear Creek Subdivision No.2 by Briggs Engineering - east of Stoddard and south of Overland Road: Corrie: Item N09 6 is a final plat for Bear Creek subdivision~ That has been requested by the applicant to have that tabled until July 3rd. Bird: Mr. Mayor. (. Meridian City Council Meeting June 19, 200 1 Page 8 Corrie: Mr. Bird. Bird: I move that we table the Final Plat for Bear Creek subdivision until July 3, 2001 ~ Anderson: Second. Corrie: Motion's been made and second to table the Final Plat 01-007 to July 31 2001. Any further discussion? Hearing none, all those say aye in favor. MOTION CARRIED: ALL AYES Item 7. Tabled from June 5, 2001: FP 01-009 Request for Final Plat approval of 13 building lots and 3 other lots on 6.36 acres for Meridian Green - Unit No.4 by Fuller/Scott Investment Company and Glenco - east and west sides of Southeast 5th Way south from Overland Road: Corrie: Item No~ 7 is a request for Final Plat approval of Meridian Green Unit No. 4. They also requested that be tabled to July 3, 2001. Anderson: Mr. Mayor~ Corrie: Mr. Anderson~ Anderson: I would move that we table this request for Final Plat approval for Meridian Green Unit No.4 until July 3. Bird: Second~ Corrie: Motion made and second to table item No.7 final plat No~ 01-009 until July 3, 2001 ~ Any further discussion? Hearing none, all those in favor say aye. MOTION CARRIED: ALL AYES Item 8. Tabled from June 5, 2001: CUP 01-013 Request for a Conditional Use Permit for the manufacturing of inflatable boats in an I-L zone for Elliott Business Park by H2NR, LLC - east of Locust Grove and south of East Wilson Lane: Corrie: Item No. 8 is a Conditional Use Permit No. 01-013 request for a Conditional Use Permit for the manufacturing of inflatable boats in an I-L zone for Elliott Business Park by H2NR, LLC east of Locust Grove and south of East Wilson Lane. Staff comments first. ('.p,. Meridian City Council Meeting June 19) 200 I Page 9 Stiles: Mr~ Mayor and Council. This is for the remaining lot in the Elliott Business Park. Butte Fence is occupying the lot that's immediately adjacent to Wilson Lane, which would be south of 0&8, Econo-Lube, and those businesses along Fairview on Wilson lane. They are proposing to have a manufacturing facility for their inflatable boats. They would have a pond to demonstrate their products~ They will also be allowing for the future pathway along the Jackson stub drain in this location. They will be tiling the other ditch that runs through the property. This is the building elevations. We would recommend approval of the application with all staff and agency conditions. Corrie: Council, do you have any questions of staff at this point? Is the representative from Elliott Business Park here tonight? Would you come up? I have a question for you. Have you had a chance to read the recommendations of the Planning and Zoning - Lamb: Yes, I have~ Corrie: Is there anything that you don't agree with? lamb: We did make a request to go to a smaller diameter of tree because we're going to put more trees than required by law in along the east side of the property~ To go to a 3 inch instead of a 4 inch, is that correct? Oh, 2 inch instead of a 3 inch - Corrie: Go to a 2 rather than a 3? Lamb: Yeah. That was the only thing that we requested since we were going to put 30 percent more trees in than what's required. Bird: Mr~ Mayor. Could we get his name? Corrie: I'm sorry.. Your name please? Lamb: My name is Greg Lamb~ Corrie: I know you but they may not. All right~ Anything else? lamb: No. Everything looked really acceptable to me. Corrie: Council, do you have any questions? Bird: I have none. Corrie: Okay. WeJII see what happens here. Thank you. Bird: Mr.. Mayor. Meridian City Council Meeting June] 9, 200 I Page I 0 ( . Corrie: Mr. Bird. Bird: I have a question of Shari then. Would the going from a 3 to 2 inch, even though theyJre doing more, is that acceptable to you? Stiles: Yes. That would be in accordance with our new landscape ordinance. Bird: That's what I thought Corrie: Any other discussion? Bird: I have none. Anderson: Mr~ Mayor~ Corrie: Mr. Anderson. Anderson: I had a question of Kenny~ Kenny have your concerns for the fire department that you had addressed on this been addressed? Bowman: Mayor Corrie, City Council Members, Councilman Ron Anderson~ Yes. They have. We've talked with the gentleman several times on the product that he's going to have in there. It was a little surprise to me when Shari said there was a pond back there. I thought maybe that might be a swale or something like some subdivisions. That might be a little concern if people get back there and start playing around in that pond. Building wise, the water supply, the sprinkler systems, everything else he has met with us and discussed with us Ron. Anderson: Okay, thank you. Corrie: Any further discussion? Bird: I have none. Corrie: Hearing no other discussion, I'll entertain a motion on the request for a Conditional Use Permit~ (inaudible discussion) Bird: Mr~ Mayor. Corrie: Mr~ Bird. Bird: I move that we approve the Conditional Use Permit for the manufacturing of inflatable boats in an I-L zone for Elliott Business Park by H2NR LLC east of (... . (-.~^:. . Meridian City Council Meeting June 19~ 200 I Page 36 Anderson: Mr.. Mayor. Corrie: Mr9 Anderson~ Anderson: I would make a motion that we deny the request for a Conditional Use Permit to construct a planned residential development in a proposed R-4 zone for proposed Tuscany Lakes subdivision by Gem Park II Partnership and instruct the city Attorney to draw up the appropriate Findings of Facts and Conclusions of Law. McCandless: Second. Corrie: Motion's been made and second to deny the CUP for item CUP 00-052 and for the Attorney to draw up the proper Findings of Facts and Conclusions of Law. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES De Weerd: Mr~ Mayor. Corrie: Mrs. de Weerd. De Weerd: I have a question for the attorney. Did we give enough reasons for the denial, to put into the findings? Nichols: Mr. Mayor, Members of the Council. Councilwoman de WeerdJ I believe so. The annexation and zoning is a legislative act. I will put down the reasons espoused by Councilman Anderson as a reason for that. Then on the other 2, because the propertyJs not annexed! that would be the reason cited for not approving the Preliminary Plat or the Conditional Use Permit~ There's a way I would word the findings. De Weerd: Could any comments brought up after the Public Hearing was closed, be included in those findings? To address all those different issues - Nichols: That's not public testimony. That was just discussion by the Council, so that's appropriate. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I guess I am concerned that this application might go to the county so I want to make sure that the reasons for our denial are clear. ..... { . t., . Meridian City Council Meeting June 19, 2001 Page 37 Nichols: CouncilWoman de Weerd, Mayort Members of the CounciL I will make them as clear as I perceive the motion to be. There are separate issues~ If the application goes to the county. If the application goes to the county, it would not be connected to city sewer and it would have a different proposal for water. Item 13. Continued Public Hearing from June 5, 2001 : PP 01-008 Request for Preliminary Plat approval of 1 building lot and 1 ACHD Park and Ride lot on 6.36 acres in a C-G zone for proposed Travelers Corner by Pinnacle Engineers, Inc - southeast of Interstate 84 and Meridian Road: Item 14. Continued Public Hearing from June 5, 2001: VAR 01-006 Request for variance of the street length ending in a cul-de-sac from the maximum length of 450 feet to an increased length of 495 feet for a proposed Park-and-Ride lot by W~H~ Moore Company- northeast corner of Overland and Meridian Roads: Corrie: Item No~ 13 is the continued Public Hearing from June the 5th. This is a request for Preliminary Plat approval of 1 building lot and 1 ACHD park and ride lot on 6.36 acres in a C-G zone for proposed Traveler's Corner by Pinnacle Engineers, Inc. southeast of interstate 84 and Meridian Road~ At this time I will continue the Public Hearing and have staff comments first. Stiles: In the beginning, I was wondering if we could address the variance before we act on the plat? Or go with item 14 on the variance where the cui de sac linked before the plat~ Either that or address both of them together~ Corrie: Oh, well we can open them together. Mr. Nichols is that all right? We need to take the variance before we do the Conditional Use Permit, correct? Stiles: Before the plat. Nichols: Before the Preliminary Plat, Mayor I would recommend that we open both Public Hearings and include the testimony on both items~ Corrie: Okay. I also will continue the Public Hearing on the request for variance on the street length in the cui de sac from the maximum length of 450 feet to the increased length of 495 feet for a park and ride lot by W. H. Moore company~ We will give testimony on both the request for Preliminary Plat and on the variance at this point. Shari, thank you. Stiles: Mr. Mayor and Council. This is for the property that has been previously been before you for the Ada County Highway District park and ride lot. It's just west of Meridian Ford. This would be Meridian Ford here~ This is existing property in Ada County. It has a dwelling and some out buildings on it~ They don't { . \:.. (. . Meridian City Council Meeting June 19, 2001 Page 11 Locust Grove and south of Wilson Lane with staff comments and for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order. McCandless: Second~ Corrie: MotionJs been made and second to approve the request for Conditional Use Permit 013 and for the attorney to draw up the Findings of Facts and Conclusions of Law with the approval and with the 2 inch caliber trees as welL Any further discussion? Roll call vote Mr. Berg. Roll-call: De Weerd, aye; Anderson, aye; McCandless, aye; Bird, aye. MOTION CARRIED: ALL AYES Corrie: Councilwoman de Weerd mentioned that somebody from the Bridgetower Crossing Subdivision came in. Are they here tonight? Did they come in? What we are going to do, and they requested that that be moved to the July 3rd meeting. That's the first Tuesday of July~ We will open the Public Hearing and then we will continue that Public Hearing until that time. You still have a right if you want to give public testimony tonight~ But it would be the same thing you'd want to give the 3m when the rest of them come in. Unidentified: So, if we don't give public testimony tonight, we still can (inaudible)? Continued Public Hearing from June 5, 2001: AZ 00-023 Request for annexation and zoning of 156.21 acres from RT to R..4 for proposed Tuscany Lakes Subdivision by Gem Park II Partnership - south of Victory Road and west of Eagle Road: Continued Public Hearing from June 5, 2001: PP 00-024 Request for Preliminary Plat approval of 353 building lots and 39 other lots on 156.21 acres in a proposed R-4 zone for proposed Tuscany lakes Subdivision by Gem Park II Partnership - south of Victory Road and west of Eagle Road: Continued Public Hearing from June 5, 2001: CUP 00-052 Request for a Conditional Use Permit to construct a planned residential development in a proposed R-4 zone for proposed Tuscany lakes Subdivision by Gem Park II Partnership - south of Victory Road and west of Eagle Road: Corrie: Absolutely right~ That's when we recommend that you do it, at that time. Thank you. Okay~ Item No.9 has been moved to 22 and next is the continued Public Hearing item No. 10, 11 t and 12~ This is all a request for annexation, request for Preliminary Plat, and request for a Conditional Use Permit. All on Item 1 O. Item 11. Item 12. Meridian City Council Meeting June 19, 2001 Page 12 c...':.;. . c.::.:.....:: Tuscany Lakes subdivision by Gem Park II Partnership. At t his time I will continue the Public Hearing on all 3 items. We'll ask for discussion first~ City Council, do you have any discussions on this that you'd like to do at this time, or staff? Bird: I have none Mayor~ Corrie: Kent, do you want to hold off and see where we are here and what we're going to be doing? Hearing that then we will have staff comments first We tabled this before - Stiles: Mr~ Mayor and Council. I believe it was tabled due to the fact there were some changes needing to be made to the recommendations from the Planning and Zoning Commission~ You had position statements submitted from my department and also from Kent Brown but you only received them on the day of the meeting and didn't have time to look over those position statements. I don't know if Mr~ Nichols has anything additional to submit~ Nichols: Mr~ Mayor~ Corrie: Mr. Nichols. Nichols: Members of the CounciL Until we have the, and we don't have the minutes of that meeting, I can't monkey with the recommendations unless I can see from the minutes that the lawyer that prepared them was clearly wrong. Certainly that's the reason for having the position statements. So the staff and the applicant and any interested party can set forth what they believe the recommendation actually was and what those points are so that Council can go forward. Corrie: Mr. Brown, is that okay with you? De Weerd: Mr~ Mayor. Corrie: Mrs~ de Weerd. De Weerd: So, the recommendation is to go ahead and proceed on the application? Okay ~ Stiles: Okay. Corrie: You've got it Shari. Stiles: Mr~ Mayor and Council. This is for the property located south of Victory Road~ It would be contiguous with Thousand Springs subdivision. This is the Ridenbaugh canal that comes through here. They have a proposed school site (n..... .' ( Meridian City Council Meeting June 19,2001 Page ) 3 here~ This would be their entrance into the school site~ I really don't have anything to add to the last time when we had our meeting. But, Mr~ Brown is here and available to make any additional presentation and answer any questions you may hav~. Thanks~ (inaudible discussion) De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I would like to disclose I had a conversation with Wendel Bingham with the school district today regarding the concerns that Council expressed at the initial meeting and also a staff concern. The conversation was about how boxed in that school site is and some of the safety issues with boxing that in. He said that his preference would be that they have at least one side open in front of the schooL It is a recommendation to have staff (inaudible) the Mayor, myself, a board trustee member, the super and our parks director, public works, planning, and the whole room if you want to, to get together to discuss some of the issues of site planning and some other concerns that are coming up right now~ So, I just wanted to disclose that before we got into the Public Hearing~ Brown: My name's Kent Brown, Briggs Engineering 1800 west Overland Road~ Briefly to go over our site and our project We have frontage out here on Locust Grove. We have some natural waterways and manmade waterways that intersect the overall property. As we travel east off of Locust Grove, we have the Ten Mile Creek that runs through here. Then we have separate ownership by Nampa Meridian of the Eight Mile. Then we have the Ridenbaugh CanaL We own to the center line except for a small little place right here that the (inaudible) own. We are proposing for the entire site to (inaudible) all of the ditches and canals, per Meridian's code~ My client would like, if possible he would like to use over in this area on the western half for those people that can't see. He wants to use wrought iron except for the one property owner to the north of us on Locust Grove. On the one property to the south of us. He's discussed with them putting in a vinyl fence~ The way that we've designed this overall project, and I think it was mentioned in the record last time~ The Ten Mile has some physical restraints in becoming the pathway that is called out in the Comprehensive Plan~ Nampa Meridian owns property to the south of us and they have a - actually, the Ten Mile goes underneath the Ridenbaugh Canal and they pull water out of the Ridenbaugh and supplement the Ten Mile at that location~ I think that physically that's going to make it difficult for a pathway continuing on south of here. With that concern in mind, we have a pathway that we would have with our open space that would create a walking pathway that the neighbors could use until such time as the parks department was able to do something with the remainder. The way that the condition was written by the Planning and Zoning Commission and the recommendation from staff and the parks departments request is that they take ( ... Meridian City Council Meeting June 19; 200 1 Page 14 over the maintenance of the pathway that is in the Ten Mile. ButJ the Homeowners Association maintain the vegetation and so forth that are in the Ten Mile. We have a lot of high ground water~ The Ridenbaugh Canalleaks~ We are therefor proposing to put these ponds in. The water would be - the Ridenbaugh Canal bi-sects our property here but then continues south and comes down like this. Our property here is adjacent to the Ridenbaugh~ So, there in these locations we'd have to fence access to the Ridenbaugh but we would have an open space and we would landscape, have a meandering pathway that would go along the Eight Mile but outside of the Eight Mile right-af-way so that we don't have to work with a ditch company with regards to that area. Have the water be collected here in the pond, run through, come out this way and then dump back into the Ten Mile. What's happening right now is the water comes from this point] comes across and goes to the Ten Mile as it leaks out of the Ridenbaugh. The ground typically is just a sandy cobbely rock. It would make a great gravel pit. If you look at the southwest corner of Eagle and Victory you can see that was what they had done in that location at one time~ As we did our test holes on the site] we found that at this certain depth, and we had a hydrologist and there's a report that's in the packet that talks about the water. What we are proposing to do is put a cut off trench here when we get water that comes from the Mortener farm, run it over to this point and either go under the Eight Mile to dump it back into here and then have it go to the Ten Mile and pick up that water as it comes across~ This water here would be picked up and taken over and dropped. Just one of the things from an engineering standpoint that we think that'll happen is that when we put the water and sewer in which is typically what happened on a project that we did to the north of Victory in the Sherbrooke area. It was wet and when we put the sewers in, the bedding the sewers, that's where the water ended up going and the water table dropped~ We think that that has a possibility of happening too. Either way, if we have to fill the site or if it's de-watered from these ponds~ What we're doing realistically is we're taking something that's a natural detriment to the property~ It doesn't make it that great a farm ground because it's wet~ Testimony from the Morteners. They've talked about that they've had cattle on here. It would probably make a great pasture and they don't have to water it~ But] we'll de-water it or we'll raise it up~ We'll meet the requirements of the public works department and their separation. We will cross the Ridenbaugh at this location with a bridge. In our Planning and Zoning hearing staff stated concern about this area being a wetlands~ Prior to our final hearing I met with the Army Corp of Engineers. We went out to the site. HE stated that the only place that there is a concern is when we cross the Ten Mile. At that location we have to adhere to their standards. If we were doing more in the Ten Mile then we would have to be concerned like Butch Otter and others about messing with the wetland areas~ We're proposing to fence the entire east side of the Ridenbaugh Canal and separate that with a chain link fence from the homes that are there. There has been some discussion at previous meetings at P&Z and also at our last hearing before you about the alignment of the road. We've met with the Highway District on numerous occasions and there's at least a couple letters in .the file that speak to the point that the Highway District wants us to put this at this location. It Meridian City Council Meeting June 19, 200 I Page 15 was either in January or in December, the Highway District approved our plat and the locations of our streets and stubs. They approve the location that we currently have. Mr. Young had stated the concern that when the roads widen, there's headlights on him. If we need to, I think that we could move the road. We have a 3D-foot landscaping there. It would just clip one of his windows slightly in my opinion. So, if we move the road to the east a little bit I don't see that he would have any problem~ I met today with Wendel Bingham on the school site~ HE talked about Councilman de Weerd's comments. What he stated to me is that he would like to have the ability to be able to, and this is the same comment he made in P&Z is that if needed that we could be flexible with our site here to give him 2 entrances. We combined the 2 that we have here with the existing one that we have~ The copy of the plat that you have and at the recommendation of the Planning and Zoning Commission we moved this stub here down in this location~ Then he asked that we have a pedestrian path to the Goldsmith's property to the east of us. He asked that wherever we have our street location that we have a stub to the property to the east of us so that these students that would come from this 40 acres here would have the ability from a micropath to come right to the front of the school. He did talk about that if we maybe look at opening up this part~ But, that was, he would like to be able to know when this phase finally comes on and whatever school plan that they're at the time that we have the ability to work with them on how that school locates and how the traffic patterns would work for that school site~ We have a diversity of lots and we're looking for very nice homes over here next to the water amenities9 I feel that those, that that's the market that we're shooting for here~ We have a few smaller homes in this location. I've color coded that for you. These lots in this area are over 10,000 square feet, up to 12,000 square feet. The blues are the 9,000 square foot lots~ The 8s are under the 9,000. Then we have a couple of 7,000 here. But, overall we have a large lot concept. The conditional use, we're asking for some flexibility so that we're not all 80 by 100s. We have some 70-foot widths and then we have a lot more in depth. These lots in this area are 120 feet deep backing up to where the fenced area of the Ridenbaugh Canal is~ Where we cross here with the Ridenbaugh, we would have to fence that~ The ditch company has a road on either side. We would have to work with the fence company so that there would be gates in those locations but there would be no access from our project to any of these major waterways. We would fence both sides of the Eight Mile~ The Ten Mile would be left open per your Comprehensive Plan. We've worked with the pUblic works department with sewer and water issues. They, as a part of their master plan needed the sewers to be stubbed at this location to continue on going to the east. They basically needed it somewhere in here where the diversion is so we're proposing to put it here. There's a report in there from, I think it's from Brad that speaks to this would be adequate. There's some minor changes. Pipe size and those kinds of things. Those are things that we would work out during construction. Overall, we feel we have a very nice project Minor modifications that we have made. We have an emergency access that would put a non-build agreement on this lot until some time as we would have some /. (,., ... (: . Meridian City Council Meeting June 19, 200 J Page 16 secondary access. So, there are things that we worked out with the fire department. Are there any questions? Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: What's the phasing of the project, Kent? Brown: It starts over on this side~ Starts here, here, back and forth. My client has told me that we probably will come in with his whole portion to pay for the off-site sewer and water initially~ But, we would work our way this way going to the east and we also discussed that with Wendel Bingham again today~ That if there was a need for the school site sooner that we wo.uld accelerate that (inaudible). Thafs the phasing plan that's on the Preliminary Plats that you have~ Anderson: What's this little thin narrow stuff that's going out --? Brown: It's a 30 foot piece of property that we currently own. The Highway District has asked us and we don't have any access to it~ There's a ditch located in that area. If you were to drive out to the site, it's like a road for the sod farm right now~ (inaudible) So, we're using it as an open area. Anderson: How many feet of the upper northeast part is actually contiguous to the city limits? It doesn't look like very much~ Like 2 or 3 lots is all. (inaudible discussion) Corrie: Any other questions? Bird: Mr. Mayor. Corrie: Mr. Bird~ Bird: KentJ before we start any phase or anything, all that fencing around the whole property would be in place. Am I not right? On the ditches and everything would be in place. All the perimeter fencing and the ditches fencing and everything. Brown: Your code requirements requires to fence each phase~ For example, they can't cross the Ten Mile so they're kind of stuck on one side. We fence our perimeter there~ Are you asking if weJre going to phase the entire 153 acres? Bird: I know youJre going to phase it. I think the biggest -I know that Ridenbaugh is not going to be until probably the third, second phase and you're moving people into the other area, building in there. I would hope that that Ridenbaugh Meridian City Council Meeting June 19~ 2001 Page 17 would be fenced before too many - it would be my preference before anybody moved in there or any building permits were issued. Brown: So, as we look at phase 1, weJre no where near the Ridenbaugh and there's no way basically to get across into this undeveloped portion between the Ten Mile and the Eight Mile. As soon as we go into this area, we would need to fence from our farmers that are using the property to the north of us and we would need to fence here along the Ridenbaugh. Then we would be fencing along the Eight Mile in these locations. Once again, we have a- Bird: Where are you going to pick the sewer up at? Brown: The sewer is back on Locust Grove. Bird: And bring it across? Brown: It comes from this way. Bird: Then you're going to stub it out down here and over here for us? Brown: Yes~ Obviously when we move into this portion again, farmers and fencing the Ridenbaugh as it comes through this location. And fencing the back side of the Eight Mile. Bird: What is your expectations of your build out and time on these phases? Is it 5, 7, 10 year project? Brown: Yes. It's like a 7 to 10 year project depending on how the market stays. Bird: You're not going to cut any of the roads, not even cut any roads in at all other than the other phases? You're just going to do it as you go through that certain phase? Brown: Right. One of the things that we might do is in ability to determine the groundwater go in and cut this out so that we can make sure that you know then be able to prove to the public works department what the water depth in that area is. We have no intention on punching the sewer through our project at one time, at the beginning. The only thing that would make that or accelerate that is that if for example the school would need to go. In my discussion with the school district and Wendel Bingham they said the next school in this area would be the Pepper Hills School. It's a site that they've already purchased. Bird: So, in other words. there's not going to be any utility work or anything except done in phases? Brown: Right. We're bringing the water and sewer from this side. i \::... Meridian City Council Meeting June 19, 2001 Page 18 Bird: So, basically the rest of it just stays like it is out there now? Brown: Right. IF there was a need for, in my opinion the Homeowners Association or the developer becomes the ones liable. If we needed to we could put construction fencing up there on a temporary basis~ Butt as soon as we get this excavated out, basically the only thing that we have in there. Because we don't have sewer and water in those areas, is landscaping. We would want to fence that. ***End of Side One*** Bird: As long as you're not going to punch and have roads, even thought they're construction roads and stuff. I have no problem with that if you're just going to be doing it in phases and not cutting in utilities or anything else, just leaving it like it is. Brown. You know, and depending on what the Highway District would require- Bird: Yeah~ That's another thing. Brown: I mean we might have to stub the bridge and if we needed to fence that, I totally understand that Bird: Okay. Thanks, Kent. Corrie: Any other questions? De Weerd: Mr~ Mayor~ Corrie: Mrs. de Weerd. De Weerd: In the file it has a letter in there from Idaho Power that says they can't provide power to that area. Brown: (inaudible) September of this year is what the letter said~ De Weerd: Then they could do the whole thing? Brown: The letter doesn't lead you to believe any otherwise but, my discussions with Idaho Power today. They told us that they would have the ability for us to have power at least for the first 2 or 3 phases without any changes to substations or anything else. Power is an issue with Idaho Power throughout the whole valley. They're getting substations approved. Meridian is one of the areas that they need those. Meridian City Council Meeting June 19~ 200 I Page 19 Corrie: Okay~ Any other comments, questions? Okay. Thank you Kent. De Weerd: Mr~ Mayor. Corrie: Mrs. de Weerd~ De Weerd: I do have a question for Gary. Was a water analysis done? And have the pressure issues been resolved? Smith: IJm not sure, Council Member de Weerd. I donJt recall what the results were of the water model. It seems like we didnJt have an issue with the lower portion of Tuscany, off of Locust Grove over toward Ridenbaugh. After we get into the area above Ridenbaugh and going up north and eastr then we have a pressure issue that would most probably requires the pump station to be installed in Thousand Springs. De Weerd: What is the time frame on that? Smith: The pump station? We don't have a time frame for that right now. De Weerd: Thanks, I think. Corrie: Any other questions for staff? This is a continued Public Hearing. Is there anyone here that wants to testify for the project? Okay~ We have 3 signed here against the project. The first one is Herman Pullman. Pullman: Mr. Mayor~ Herman Pullman. I live at 4010 south Locust Grove Road. My biggest thing I have against, of course this subdivision, is that we've lived there for 30 years. Some of our house is on the southwest corner on Locust Grove. It's going to totally destroy our quality of life as far as we have to see it now because of the solitude, the view and so on~ Another concern I have is, of course, the water table. That's a very high water table there and I hope that the design that they come up with, that it alleviates those problems. Otherwise it's going to continue. I'm not an engineer so I don't have any way of knowing how to do that but it is definitely a problem~ Also, the increased traffic. The City of Meridian all we hear is problems with the fire department, the city police1 the manning, so on. I don't see how building more subdivisions helps alleviate that problem. I think it's really a situation where, possibly the people, you as a Council need to, I'm not trying to tell you what to do but you need to really seriously consider anymore subdivisions until you do get some of the problems taken care of that we hear about continually through the news media~ That's alii have. Corrie: Okay. (inaudible) Rex Young? Young: My name is Rex Young. I live at 2950 east Victory Road, Meridian~ I've been before you folks before and I don't want to cover a lot of the same ground {. {'.... . Meridian City Council Meeting June 19, 2001 Page 20 that did last time but there are some things that I want to talk about concerning those issues. The first item that I wanted to mention~ This was discussed during the Planning and Zoning and I didn't hear it discussed by Mr~ Brown tonight. It's my understanding that they're going to berm along Victory Road~ I live just across the road from the proposed subdivision to the north and kind of the east side of them. There was discussion during Planning and Zoning that they would berm all along Victory Road, but I didnJt hear you mention that tonight. I wanted to make sure that we got that on the record. I do not, well, I prefer the subdivision didn't go in, but I don't really object to the annexation. I don't abject to the zoning. The plat is where I had the problem. Primarily with that roadway that exits the subdivision to the north on Victory~ They say a picture is worth a thousand words. I brought a picture with me tonight. I'd like to show this to you~ This is a picture of my property. It's an aerial photo. The top of the picture is north. Here's Victory Road, running here. You see this, I have this hedge along here that shields me from the roadway. That roadway that exits the subdivision to the north is 3 paces to the east of that shot. You can understand the relationship of this picture why I object to that exit at that particular place. (inaudible discussion) Young: These are the windows that we're talking about that I have concerns about With the vehicle exiting that. After Victory is widened and I lose that hedge, these are the windows right here from car lights that flash onto (inaudible) . Brown: Is that your dining room? Young: That is the kitchen dining area. Now, as I indicated sometimes common sense ought to prevail. I propose that, that exit be moved to the west so that it lines up with the exit from Thousand Springs which is Brandy's JeweL The school, when they met with, -- when a representative met during Planning and Zoning they were concerned about having a direct walkway from Thousand Springs to get down to the school site. If that was redesigned so that that exit lined up with Brandy's Jewel, that would resolve that. It would give them a good direct route to the school site. If it's left where it's out, it will increase the walking distance each day for the children that walk by about a quarter of a mile. Met with Ada County Highway District, with Mr~ Brown one day and we talked about that alignment~ They indicated by letter that they would approve, or that's the way I understood itJ they would approve relocating that exit so that it lined up with Brandy's Jewel. However they did put the stipulation in there that if there was a pedestrian crossing put in there to support the school, that they would have to move that pedestrian crossing to the top of the, kind of the crest of the hill. I went down and walked that today from the sidewalk that exits Thousand Springs, it's 9 paces to the crest of that hill where that pedestrian walkway would be relocated to which is really not very far. So, it just makes sense to me to align that. At sometime or another, they're going to have to put a traffic light in there. You're { . .. Meridian City Council Meeting June 19, 200 I Page 21 going to end up with one traffic light that takes up 2 exits and take care of a pedestrian crossing~ To me it just makes sense. Anybody have any questions of me? Corrie: (inaudible) we're suppose to take that picture as evidence to keep, (i naud ible ) ~ Young: I can take it in and make a copy of it~ Corrie: Thank you~ Bird: Mr~ Mayor. Corrie: Yes, Mr. Bird? Bird: I do have one question while Mr. Young is up here, not for Mr. Young but for the City Clerk~ We got a letter from them~ It wasn't stamped. Did you guys get it or did it come direct to us? Do you have it entered into the record? Dated June 2nd~ (inaudible discussion) Bird: Did you get one, Mayor? Anderson: I know it wasn't in an envelope because it's not folded. Bird: SeeJ it wasnJt folded. I can't remember if Mr. Young gave it to us at the meeting, the last meeting~ I don't believe SO~ I believe it was in our boxes but it wasn't stamped. That's why I was wondering if it had come through the City Clerk's office. (inaudible discussion) Bird: Yeah, and there's an attachment that went to the Planning and Zoning (inaudible)~ You do have it? That's good. Young: That particular letter~ I wasn't sure if I was going to be here last time and I brought 9 copies of thatJ I actually brought 12 copies into the City Clerk's office before we had the last hearing on it and gave those to them. Bird: I just wanted to make sure it was in public because usually the City Clerk, when they receive it will stamp it and then we know it's been through (inaudible). Corrie: Mary, I'm sorry~ D, something and I couldn't quite read it out but if you would give us- (, Meridian City Council Meeting June 19, 200 I Page 22 DeChambeau: My last name? Corrie: Yes. DeChambeau: DeChambeau. Corrie: DeChambeau. Well, I thought it was that. DeChambeau: We go by the Mortener name also~ Obviously, I am the youngest daughter of Marlene Mortener~ I am here to. represent her. Unfortunately for the developer, she is still alive and well, trying to be anyway. I just have so many concerns. Just so many concerns about this subdivision~ First of all, my one statement is that I'm not against development but I think at this time, this is not the time for this development in this area. I think it's time for Meridian to slow down and take a good look at how we're rushing this stuff in. They say they're legal because it touches the other subdivision. Well, my farm is legal because it touches other farms. I mean how do you justify that kind of reasoning. We have been farming it for close to 70 years~ My family has been there. You know, we've been here supporting this community. You guys forget that the farmers supported Meridian and built it up a long time~ You know, Don Storey's business, the Zamzow's. You know, all the little businesses that have been here for a long, long time. My concern is a lot of, like I said before, I guess I haven't for you folks but I already have problems with people walking up and down that canal. It's an ongoing daily problem~ The family's very concerned about someone falling in. We're liable~ I think you realize that we pay the taxes on the canal but it's an easement for the Irrigation District I think a lot of people don't realize that. It's an easement that we have given them, through the property~ That's how canals work but we still pay the taxes on it. Most people understand that. SOt we are liable. You know if something happens~ A lot of questions, I wish I could have seen this as he was pointing it out because no one's talked to us about fencing~ No one's talked to us about the final report of the water. It really is concerning us about our irrigation. This is farmland. We plan to farm for a while. We're asking the city to work with US~ Everyone talks about how Meridian's growth is out of controL I mean even at the last meeting, you didn't have the staff report ready~ I mean, that indicates to me they're overworked. The other problem I have is when I go in to find answers, no one will tell me anything. I think they're either afraid that they don't know the answer or they're afraid I'm going to use their words against them. How can I make a decision as a property owner and how can you make decisions when we're only getting half-truths. Idaho Power told me that if we didn't let those big huge lines go across our property that we couldn't subdivide because they'd never be able to give us power~ But, all of a sudden, these guys have power. That was told to me not once, but several, several times. The reason we fought that, we weren't against power to the area but when a developer sells them an acre and a half and gets 120 grand and Idaho Power wants 30,000 just to give us our acre and a half easement and we still get to pay (r... .. \~ . Meridian City Council Meeting June 19, 2001 Page 23 the taxes on it. Our issue was they needed to change the way they did business. It wasn't like we were trying to - but I didn't like being threatened that we'd never be able to develop this because there's no power and all of a sudden there's power. The reason I'm trying to tell you this is the Mortener family can't get any straight answers from anybody~ I don't think it's fair and to me that indicates that something's terribly wrong here and we need to slow down~ We need to slow down~ No one had ever sat down with the Mortener family about the park situation. N one has ever sat down with the Mortener family and discussed a bike path or a greenbelt with us. But, all the developers know. The morning after we had this last meeting, I had 2 developers at my door at 8:00~ They were absolutely astounded that you guys tabled it. They thought we'd be ready to sell because you approved this subdivision. Yesterday, I went to get the mail and my mail carrier said I understand you're having a subdivision put around the back part of your property. I said well, who told you that. She said my supervisor told me that I'd be probably having to take that on. I said, that's interesting, they haven't even voted on it yet. So, who informed the post office of this if we havenft even decided yet~ I'm not quite sure how this all works. I feel like I'm at a loss. I feel like I'm a rookie. I feel like I don't know any of the developers~ I don't have anything to gain. I don't have anything to lose. I'm just a kid who's trying to protect my mom's farm, speak for her because she can't be here. I mean I question you know a lot of the suggestions and things that they say they're going to do~ Take a drive out to my farm and look at how much of that litter is rolling through our corn field as we irrigate it I've asked them 2 or 3 times to clean it up~ They've never discussed what kind of fence to put around~ They've never discussed what kind of pipes~ I feel like when it effects the neighbor, -- You have to realize this is a business for us. This is our business~ Farming is a business. It's not just you know, we're worried about a view. I'm sorry, excuse me gentlemen, lights in our windows. No~ I'm not worried about that at that point because that part of our livability's already gone~ I have no view of the mountains~ I have cars coming up~ I have 2 entrances on either side of my house already~ I'm not worried about that anymore. I'm just worried about the ability if you put more houses around there, it's~ You know the saying, farms and city and houses don't mix~ There's a reason why people live in the city and there's a reason why the farms are out further~ I know the growth is coming but you have a chance here to make some right decisions and slow things down. Look what they want to do with the foothills. All of a sudden they realize that they're going to run out of open space. SOt they want to protect it~ I don't know. The other thing that concerned me that I know it's a dead issue but I just have to bring it up. It was not a misunderstanding and I think you're all smart enough to realize that about that road going across that little v shape there~ They intentionally submitted that plat to the city~ That was not a misunderstanding between Greg Johnson and Briggs Engineering~ We had to draw it to their attention that no, my mother hadn't died yet and no we weren't going to sell it yet. Even the City of Meridian staff are shaking their heads still over that. What concerns me about it, is that they're going to stand up here and tell you that half-truth, what else are they not telling you. You know this is what concerns me. They say, well you don't like ~~. ~ .......~ r ~ . . .~ . ..... :~~t:t.~: ... ~ .. ..~..."J:'~ (.. .. Meridian City Council Meeting June 19, 200 t Page 24 developers~ I like developers. I just don't like human beings that tell people the total truth about what happens in these developments. To me a half-truth is just as bad as an outright lie. I'm just asking, you know I don't know how you guys can do it. I mean I can't make a decision. I don't know how the sewer's going. When I go in and ask about the sewer thing, the staff can not give me an answer. They told me that we'd run out of flushes~ I guess Caven can't put in houses down the road because there is no power. I mean, it goes on and on. I've had people calling me up this week. We saw in the paper where they want to put a park in south of Thousand Springs. Is that your property? I said I don't know no one's talked to us about it. I feel like we don't even own this property anymore. I feel like everyone's making decisions and you know, I've been a citizen here for a long time. You know I know this has nothing to do with whether you should approve this or not but I think you need to hear this because this is what people out there are telling me. You know and I have people telling me why do you even bother to come because they don't listen to you anyway and I said because with that attitude how are they going to know? You know if somebody doesn't stand up and say something, how are you guys going to make a decision if you don't hear this? If you're isolated, that's what happens if people don't hear what the public's thinking. That's why you don't see the neighbors here. Part of the reason the neighbors aren't here is because they're on illegal splits and they're scared to come in here and testify. That's why you're not seeing any of the neighbors complaining. We could have, the Mortener family could have protested it but we were awful kind of nice and kind of let them. There's just a lot of stuff that I don't understand goes on here~ I am like totally confused. You know) when I go in there to try to find an answer, I can't get it~ I get told everything different. This has been going on - you have to realize developers have been approaching our family for 20 some years. My mother started going to these meetings in 1973 and they told us this would all be farmland (inaudible). We've been hanging out at these meetings for a long time. I realize that the situation has changed but I'll tell you--. It just seems like you've got the opportunity to slow things down. The voters spoke a couple weeks ago. They don't want anymore taxation. I know you need the services. I'll get off my soap box but it just seems like this is now not the time to put this particular subdivision has got a lot of problems not to mention that You know what the neighborhood thinks about that school location? They all told me it sucks~ I don't know how to put it in any other way. It is ridiculous when we've got this much land, this is not Seattle, to be sticking schools in crappy places. You know whenever I tell people they just gOf they're going to put it where? I don't know what they're thinking. You know I mean maybe they think it's a good place. But, I'll tell you what if I had a kid I wouldn't let him go there. That Ridenbaugh is a very dangerous, dangerous canal. Very dangerous. I guess my parents just loved me a lot more because we were never allowed to walk along that as children and we owned it. Thank you very much. Corrie: Thank you~ You kind of hit on 4 or 5 different things but thank you~ I mean, you've got the school and the power~ We can't do much about that but I Meridian City Council Meeting June 19, 200 I Page 25 appreciate your thoughts on this, though Mary_ We've discussed other things too. Is there anyone else that wants to issue testimony on this? De Weerd: Mr~ Mayor. I would like to kind of address a couple of things that Mary had brought up. One is, the reason why the post office knows is, we have to route the submittals to a number of agencies. We need to. They have to have the opportunity to comment and since they are a service to these areas that would be developed, they need to know what's coming up~ That's one issue. Another issue is you mentioned no one approached you as far as parks or pathways or anything else. We have a Comprehensive Plan and we right now are in the middle of updating it. So, we've had a number of Public Hearings and a number of public workshops so there is an amount of awareness out there of where parks are being targeted, not developed. But, where we would like to have open space and parkland~ Those have been informed through meetings and that sort of thing~ So, they might have picked up that information from there. Certainly DeChambeau: It was in the paper. De Weerd: -- and in the paper. We have a master plan for our park system that hasn't been approved yet by City Council but we've had a group of citizens working on it. The newspaper does follow those things. Those are 2 areas. As far as the piping or fencing, I hope that the developer will be able to respond to you on that. They're just piping their side of the Ridenbaugh or they're fencing their side of the Ridenbaugh. That should keep the people out. I agree with you on the school ~ DeChambeau: Well, the other thing is you know our property borders all along there and like I said, we're getting the trash from their other subdivision on our property. I guess my point is, is I've alerted them to it, every meeting~ They all know about it and they still haven't taken care of it. De Weerd: This isn't the same developer though. DeChambeau: Yeah, it is. De Weerd: Oh, is it? (inaudible discussion) DeChambeau: Yeah, it is. De Weerd: Well, it's not the same application so I hope the developer is listening and they go pick up garbage. One other thing is I understand the plight of the farmer. I wish that in our areas of impact there was something we could do, but the farmers are selling out their land and they have the right to sell it off. Meridian City Council Meeting June 19" 200 I Page 26 (. The buyer has the right to do with it what is in our Comprehensive Plan. Right, wrong or indifferentf you know Idahoans hold property rights near and dear to their heart. DeChambeau: No, I understand that. De Weerd: Unfortunately, you know we see this across our whole area of impact So, we are planning and we are trying to deal with that growth and we're trying to do that in a logical manner~ DeChambeau: And I agree. De Weerd: I do appreciate you coming in and giving testimony. DeChambeau: I agree because with the planning and that type of thing but that's what I'm saying~ YouJve got the county line. We are not annexed in. Part of this hearing tonight is whether th.is will be annexed in right? Is that correct? De Weerd: Yes. OeChambeau: So, you know we already got our tax bill. They're already really jumped it up and we're not even annexed yet. You know, what you want to do is annex around USJ right? Is that correct? De Weerd: That's the proposal. OeChambeau: That is part of the proposaL I'm just saying that to me that is you have the time to slow this down~ You have a time to slow down the growth of Meridian. I mean, if you talk to the sewer people, (inaudible)- Corrie: Just wrap up what you're --~ We've got a long agenda ahead of us. De Weerd: Thank you. Corrie: Thank you Mary. Okay. There's no other testimony. You have some questions Kent. One of them was the water table and then the berm along Victory road, exits. Any comments on that? Brown: Mr. Pullman, (inaudible) I got his name wrong once and I had an employee that was a Pullin and I mispronounced his name and I apologize. The groundwater study talks about, that's in from our engineer speaks to his area and that there is not a need for the cut off trench that we had originally proposed in that area. Still. we have to maintain the 3 foot higher elevation from the ground water~ That was discussed in our Preliminary Plat hearing before P&Z. Less of the ground is going to be covered up with houses and streets but obviously, that's the way our design is the way it is, So, that we can take care of that ground f. /~........ . \.,......... ... Meridian City Council Meeting June 19, 200 1 Page 27 water~ Mr~ Young's comments, yes we are putting a berm~ I apologize to him. It's shown on our landscape plan, our architectural drawing that we have~ The road access, Mr~ Young and I did meet with the Highway District. This was after the hearing by the Planning and Zoning Commission. When you get the minutes of the meeting, they asked that we do that and ask our engineer to restudy that. As you read his comments, he would rather the road stay where it's at. We talked about, with him why is that, he says a cross generates more traffic. The road would need to be re-graded. Victory Road would need to be re-graded~ Those are things that the Highway District would do~ He's not sure that even when they widen the road, that they're going to do that in the future~ He says that the Thousand Springs location barely meets the minimums. In our meeting with himl he stated that it was in his opinion that they shouldn't have put it there~ From their in-house staff, he didn't want that Thousand Springs location there~ He does not want to compound it by having it line up. Which comments do you want me to speak to on Mary's? Corrie: Any of the comments that the Council- Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Kent. you were talking about the engineer. Was that ACHD's engineer that said they didn't want it moved across? Brown: Yes. It was Joe Rosalind in that letter that you have that doesn't have a -- . It came as a fax to Steve and myself from Christy Richardson, The fax page dated June 1 st. Bird: I'm not a traffic engineer but it just makes sense to me that, that exit being across from the Thousand Springs exit makes more sense to me than having 2 , exits onto within a quarter mile, they're not even a quarter mile. Within a quarter mile of the roadway you've got 2 entrances onto Victory Road. I do realize that Thousand Springs, if I remember right is down right off the - kind of in the lower part of the I ittle rim up there ~ Like I say t I'm not a traffic eng i neer. Brown: Mr~ Mayor, Councilman Bird. In the staff report on April 13th from your own staff, it summarized the different discussions that they had~ Christy Richardson submitted a letter from ACHD dated April 11th~ It's the one that Mr~ Rosalind makes mention of. They do not want to move the road to the proposed location of Tuscany Road. The proposed location to the east is the safest. That was a concern of the P&Z and you know we've gone back and forth with this~ Prior to this project being my project, Becky Bowcutt did the layout of the eastern portion and she met with tech reviews with them. We'd have lined it up way before we did anything else. We know how critical those exits and entrances to the development are~ It changes your traffic report. You can modify things within Meridian City Council Meeting June 19~ 2001 Page 28 (" . the development and it has less of an impact but when you mess with the exterior and the traffic generation and everything else is different. Bird: You're right there. De Weerd: Mr. Mayor~ Corrie: Mrs~ de Weerd~ De Weerd: Kent, did you meet with the neighbor to the, Mary and her mom? Brown: we had a neighborhood meeting with all of the neighbors from the development in December. We talked about our proposed project. We had been in these meetings and discussed irrigation. Bruce Freckleton explained to her that state law requires us and Meridian is concerned that we continue irrigation water to and through, to them. In these meetings, as I did tonight, we talked about that we're going to fence those properties. They're going to be fenced with chainlink or wrought iron fence. My client hasn't proposed cedar on anything in the development so there's no weed or fence burning issues~ De Weerd: But, when you look at it, their piece of property is the one that you impact the most and you probably should have been talking to them about the fencing specifically. I don't know what the concerns were on piping, or size of or whatever. You really should be talking to them directly on the fence. Brown: The piping is something that definitely --. We haven't done engineering drawing and that's where we were going to talk to them about the piping. This I way premature to spend more money on a project that you guys might not approve at this point to talk about irrigation and how that is going to get to their property. The reassurances have been made in all of the public meetings that it's going to get to them~ If we don't do it, I mean, we can get sued. I mean state law is pretty particular about how we get the water to them. We do abut the Mortener property along our eastern portion here~ Where our property line meets them is in the center of the canaL We are fencing all of the canal right-of-way, which is 50 to 75 feet anywhere from them. It's well on our property. When we're on the other side of the Ridenbaugh Canal, as I explained when we cross here, we'll fence access from the Ridenbaugh. It's going to be back here. It's not going to be anywhere near their property~ When we go along here, this is the portion that we abut the Mortener farm and that's for the most part is going to be wrought iron fence~ My client doesn't wantt for the type of homes that heJs putting in here, he wants to put wrought iron fence against them~ Six-foot high wrought iron fence. Which would comply with your fencing requirements at the subdivision~ That allows them the ability to still farm and do that. He doesn't want to put chainlink there, but that would be the other option that we would have to allow them to be able to maintain their ditches and things around their property. i~ ~~.. .. . t.. ( Meridian City Council Meeting June 19, 2001 Page 29 De Weerd: As well, Mr. Pullman had brought up the water table with drainage you)re all putting in, that should significantly improve that. Brown: Drop it~ Yes it should. De Weerd: I still lastly have the issue of the school site. I know, he said his preference to me would be an opening along the front side~ Brown: What you understand- De Weerd: Not a road opening but the front side because werre talking frontage roads. Brown: What you understand over the phone and what he pointed out to me, I guess you can be like Mary and call me a liar- De Weerd: I really don't have an interest in doing that Brown: I didn't think SO~ This is the portion where he said we might look at opening that up and asked me if that was a possibility and I said yes. I said what we want to do is whatever school site - in the previous hearing I testified that if you look on your Preliminary Plat drawing, the current configuration is a cross~ That's the type that they're using. They're looking at going to a v shape~ The v shape, depending on how that best fits the site. You know, they might have it open up down here. He said that we can probably anticipate that we're going to have 2 entrances or an entrance and an exit so that the buses, so forth can flow.. His comment in the P&Z really hasn't changed in the fact he says you know if we can have the flexibility to work with that site in this location so that he can best fit his school on there~ That's what he would like for you to approve. That's his comments to me and I guess in a court of law that would be hearsay but that's what he told me. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Let's get one thing clear. Did the school district buy that or did you donate that ground to them? Brown: The school has not purchased it. They have it on a list. I'm on one of the committees for them locating school sites, helping them find those. Bird: So, that's not 1 00 percent guaranteed that's going to be a school site? Meridian City Council Meeting June 19? 200 I Page 30 ( \ Brown: It is not 100 percent guaranteed but they do have money set aside for buying school sites~ They bought the Pepper Hills one~ They are interested in this one. They need one in this mile section. Bird: Butt if something should come up, a better location or something, they're not - they can certainly (inaudible)~ Brown: They can definitely move it. We would have to come back- Bird: I just wanted to clarify that. Brown: -- with another plat for that portion. Bird: (inaudible) Brown: Especially if you set up the meeting that you're talking about, maybe. De Weerd: It needs to get resolved~ Brown: In our discussion this spot is 5 to 7 years away~ From our property we are fencing all of the canals. There won't be any access that we'll provide to the Ridenbaugh Canal, that they will be fenced in compliance with your ordinance~ So, that they have no access but we still have to provide a means for the ditch rider and others to get there. There are going to be gates where we cross the Ridenbaugh Canal, they've got a nice road~ Bird: Mr. Mayor. Corrie: Mr. Bird~ Bird: Kent, I think to be a good neighbor, and it's what I brought up before that where you're bounding up to the farm there, when you start construction. We all know when you start construction, you're going to have paper blowing and everything~ That's open out through there so ifs going to blowout through there. I don't think it would be a bad policy to go ahead and fence that north section of your property and even come down to the Ridenbaugh on the return down south there~ I think it would certainly make nice for the neighbors. Of course your first phase, you're going to come across and do your south boundary. You know how construction can be.. Brown: I sure do Mr. Bird. Maybe I'd make a suggestion we could put up a construction fence that would help alleviate that. I would not be opposed to having that as a requirement that --~ Bird: You go to a lot of construction sites, I don't care how many signs you put up or anything else, debris does get blown all over the place. (: c... . Meridian City Council Meeting June 19~ 200 I Page 3 1 Brown: So, you're talking about that being at the first phase, just to clarify that? Bird: Yeah~ I think you need to really work with the neighbors out there on the deal Kent. You know I think you just need to make sure that the debris isn't blowing all over because evidently they're getting it. They've had to live with it for Thousand Springs. During the construction of that. She said it was coming - Brown: It comes across from Sherbrooke that's right across the street- Bird: Yeah, Sherbrooke and Thousand Springs~ Brown: And I'm sure it comes from Thousand Springs too because it's elevated. Bird: You know, I'm on construction sites everyday. Johnson: Council, I'm Greg Johnson. I live at 2433 CanAda Road in Melba. Councilman Bird, I think the best solution for the fencing would be if, when we come into the first section that goes to the Ten Mile, we will put all the permanent fencing in that section~ When we cross the Ten Milel we'll put all the permanent fencing in along the Eight Mile on the west side and the portion that wraps around the Ridenbaugh there. So that, even if it's a phase that's only in the north half, that that whole section is fenced. Then when we cross the Eight Mile, we would put the permanent fencing along the Mortener's property and wrap it all the way into the Ridenbaugh. It's not going to eliminate the problem but it will make it as good as we can do. As we go through those sections, we'll put up the permanent fencing at that time. (inaudible) Bird: That would be agreeable. Corrie: Okay. Any other questions? Bird: I have none Mayor. Corrie: Staff? Okay~ (inaudible discussion) Corrie: How long is she going to be? (inaudible discussion) Corrie: As soon as she gets back here, we'll have her enter that Then we can close it~ Okay, we)1I notify it in the record that this is a letter to Steve Siddoway from Christy Richardson principal- Meridian City Council Meeting June 19~ 200 I .Page 32 ***End of Side Two*** (inaudible discussion) Corrie: Yeah, I opened it all up. So, we'll close them one at a time. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we close the Public Hearing on the request for annexation and zoning of 156.21 acres from RT to R-4 for proposed subdivision by Gem Park II Pa rtnershi ps. Corrie: Okay. Motion's been made. Do I hear a second. Anderson: Second ~ Corrie: Motion's been made and second to close the Public Hearing on the request for annexation and zoning No~ 023. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: Discussion on the request for annexation and zoning? Anderson: Mr. Mayor~ Corrie: Mr~ Anderson. Anderson: I guess I'm really struggling with this piece of property being contiguous~ When I look at the piece of property it only has 3 or 400 feet of frontage that currently is adjacent to our city limits and that's clear in the very last phase of development. Sar as this project gets developed and as the phases go in, in effect for the next 7 to 10 years, while this is being developed, we've done spot annexation. It will not be contiguous. So, I have some real concerns.. I mean it looks like the sewer is going to come off from Locust Grove and probably of the neighborhood of this subdivision will be completely built out before this thing ever becomes contiguous to the city limits which is something that we've been trying to avoid completely. Then I also have some reservations I guess about the water pressure in the area. We talked about this area to the north and the east is going to need some type of additional pressure.. The access roads bother me too. Just putting a little access road off that one cui de sac really only gains you access if that main entry's blocked - if that first intersection]s blocked, it only gains you access to about a dozen lots or SO~ The idea behind secondary access is so that (~.. . . . Meridian City Council Meeting June 19, 2001 .Page 33 you can access the entire subdivision and I don't think this does a very good job of that. As Herman mentioned earlier, I think there's several issues that we ought to be thinking about. This is 353 homes and our recent attempt at increasing our mill levy so that we can beef up the police and fire so that we can cover our exploding population failed. To be continually adding these large subdivisions like this is totally ludicrous to me. It's just adding more problems to what we already have. I think the fact that the roads are narrow roads. There's no plans to upgrade these roads for at least 20 years~ The fact that the schools are over crowded in the area. The fact that Idaho Power is questioning their ability to even provide power at this point and it was just September 1st until they stared the process and well into 2000 before they thought they could even come up with it and that's if everything goes smooth for them. What if that snags along the way? What if they don't get their approvals? I just think this subdivision is a little bit ahead of its time right now. It doesnJt really meet the ideal conditions for approving it. To me it would just be another example of Meridian approving something that we don't need at this point Corrie: Any other comments? IF there are no other comments then I will entertain a motion then on the request for annexation and zoning. Anderson: Mr~ Mayor~ Corrie: Mr. Anderson. Anderson: I would make a motion that we deny this request for a Preliminary Plat approval for 353 building lots and 39 other lots - Or annexation and zoning. Sorry>> I'm reading the wrong one here. For the 156.21 acres from RT to R-4 for proposed Tuscany Lakes subdivision and instruct the city Attorney to prepare Findings of Facts and Conclusions of Law. Corrie: Okay~ Motion's been made for a denial of request for annexation and zoning. Is there a second? McCandless: I second~ Corrie: Okay~ Motion been made and seconded to deny the request for annexation and zoning of the AZ 00-023~ Any further discussion? De Weerd: Mr. Mayor. Corrie: Mrs.. de Weerd. De Weerd: (inaudible) away from listening to me. I think this is a nice looking project and it will be a good addition to our community. But I agree with Councilman Anderson, it's not time for it yet. I guess my concern is certainly we have power restrictions in there~ Water pressure concerns in half of the Meridian City Council Meeting June 19~ 200 I Page 34 (~_... subdivision~ Roadway issues certainly. School issues that we need to clear up with the school district~ But, this also opens up a new area to development Because one little piece is contiguous to the city, this is going to open up a huge are~ I know that the hardship of the farmers are really driving a lot of this. But, as we're trying to do in the north corridor with an overlay and plan for this area. I would not be opposed to including the southern part of our area of impact in that as well because we're stretched. We're stretched in services. There's speculation abound with our open space and our fire. We do have a substation down there that we don't have the money to build yetw SOt there are a number of issues. Even though I like the project, I just don't think it's time for it yet. In all good conscience I can't support it. McCandless: Mr. Mayor. Corrie: Mrs" McCandless. McCandless: I've been concerned all along about police protection and fire protection out there so far from. We have enough trouble with what we have now without adding more until we can build like Tammy said, a fire station out in the south~ I'm worried about the roads going into the subdivision because there doesn't seem to be very many. I don' think they have a good access to it. Other than that, I too think it's a beautiful addition. But, it's just a little bit before it's time, or after it's time. Bird: Mr~ Mayor. Corrie: Mr. Bird~ Bird: I'll give my 2 cents worth. This will probably be more in the plat. And I'm not a designer but I think the road, -- it looks like a jigsaw puzzle to me. I don't like the layout. I don't like the - they don't have enough entrances and exits. Fire and police don't worry me. We grew 264 percent in the 10 years but our fire and police grew over 300 percent so we can grow with that. I'm not worrying about that. I think that this area is not ready for this yet. I think that the roads and just the subdivision needs to have more entrances, exits. I don't see how fire trucks and stuff can get in and around there that well. It's one we turned down before that had the same kind of deal. I just like the design of it. Corrie: Okay~ Any other comments? Then the motion is for the Attorney to draw up the Findings of Facts and Conclusions of Law for Denial of the annexation and zoning of the Tuscany Lakes subdivision~ With that in mind, your voting aye would be for the denial, naye would be for the approval. Mr. Berg. Roll-call: De Weerd, aye; Anderson, aye; McCandless, aye; Bird, aye. MOTION CARRIED: ALL AYES (:..... c Meridian City Council Meeting June 19~2001 Page 35 Corrie: I will entertain a motion to close the Public Hearing on the request for Preliminary Plat. Anderson: So moved. McCandless: Second~ Corrie: Motion made and second to close the Public Hearing on the Preliminary Plat. All those in favor say aye. MOTION CARRIED: ALL AYES Corrie: I'll entertain a motion for the Preliminary Plat. Anderson: Mr~ Mayor. Corrie: Mr~ Anderson~ Anderson: I would make a motion that we deny the request for a Preliminary Plat for 353 building lots and 39 other lots on 156.21 acres in a proposed R-4 zone for Tuscany lakes subdivision and instruct the city Attorney to draw up the appropriate Findings of Facts and Conclusions of Law~ McCandless: Second~ Corrie: Motion been made and seconded to deny the Preliminary Plat and have the attorney draw up the proper order, Findings of Facts and Conclusions of Law~ Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: Now, item No~ 12 is a -1'11 entertain a motion to close the Public Hearing for the request for a Conditional Use Permit~ Anderson: So moved. McCandless: Second~ Corrie: Motion's been made and second to close the Public Hearing on the request for Conditional Use Permit CUP No~ 052. All those in favor of the motion say aye~ MOTION CARRIED: ALL AYES Corrie: I'll entertain a motion then for the denial of the Conditional Use Permit Meridian City Council Meeting June 19,2001 Page 38 ( have much choice but to exceed the cui de sac length as this is approximately 60 feet wide here at Overland Road which will be a roadway~ In order to access the Ada County Highway District park and ride lot and also this area here which is proposed to be a Gold's Gym at this time, they do need to exceed that~ So, it was a clean up on their original submittal of a plat~ The 2 lot subdivision, that didn't work out very well. That doesn't show the plat very well here~ The park and ride here as you see is what was previously approved through a Conditional Use Permit and then this would be the Gold's Gym area. We would recommend approval of the variance to the cui de sac length and also recommend approval of the Preliminary Plat with all staff and agency conditions~ We do need to add one additional condition that was not, I don't believe it was shown before but it was clarification on the fencing on the southern boundary here~ That they would need to provide a fence to keep the horses from getting out into the field where they have this (inaudible) going. That would be part of their fencing requirement for the plat. Bird: A stock fenceJ or what kind of fence? Corrie: Is it to keep them in or keep them out? Bird: Hot wire? Corrie: Any questions for staff? This is a Public Hearing. We'll hear from the applicant at this point~ You have 5 minutes. Stiles: (inaudible) Corrie: Jonathan can do it though~ Bird: Jonathan can do it~ Seal: Good evening Mayor, Council Members~ My name is Jonathan Seal, W~H~ Moore Company, 600 north Steelhead Boise Idaho~ I can probably make this fairly short I think~ Shari's already explained to you about the plat and the variance~ I think she did a good job on that. We read through the staff report. We're in agreement with that. We would simply ask tonight that you approve both the variance as well as the plat which is basically the park and ride and what resulted in a residual lot which will ultimately be a Gold's Gym, at least at this point. I'd be glad to answer any questions that you have. Corrie: Do you agree with this fencing? Seal: Yeah. I think, Mayor, the issue with the fencing is really ACHDts but we have talked, I have talked to Steve Stucoomeyer about that. They recognize that they have to put the fencing up and they will put that up. That was an agreement as part of the Conditional Use Permit that apparently was left out in their ( Meridian City Council Meeting June 19, 200 1 Page 39 conditions. They acknowledge the fact that yes, they do need to do that They currently right now have out to bid for construction of the road. The road will include the fencing and all of the other various stuff that goes into it. Corrie: Council, questions? Bird: I have none~ Corrie: Thank you~ Seal: You're welcome~ Shorter than 5 minutes? Corrie: Thank you. You did a nice job. Is there anyone from the public that would like to issue testimony? De Weerd: Mr. Mayor~ I just want to remind Jonathan. You can't save that for another application~ Corrie: Okay, hearing none, last call for anybody that has any testimony. Thank you. Council, any questions? Bird: I have none. Corrie: Hearing nonel )'11 entertain a motion to close the Public Hearing on the request for the variance. Bird: Mr. Mayor. Corrie: Mr~ Bird~ Bird: I move that we close the request for variance of the street length ending in a cui de sac from the maximum length of 450 feet to an increased length of 495 feet for proposed park and ride lot by W.H. Moore Company. Anderson: Second Corrie: Motion's been made and second to close the Public Hearing for variance VAR 01-006~ Any further discussion? All those in favor of the motion say aye~ MOTION CARRIED: ALL AYES Corrie: Any further discussion? I'll entertain a motion then for the variance request. Bird: Mr. Mayor. (/--.'.. .~ (" .........: Meridian City Council Meeting June 19,2001 Page 40 Corrie: Mr. Bird. Bird: I move that we approve the request for a variance of the street length ending in a cui de sac from the maximum length of 450 feet to an increased length of 495 feet for the proposed park and ride lot by W~H. Moore and for the Attorney to draw up the proper papers. Anderson: Second ~ Corrie: Motion been made and seconded to approve the variance request and have the attorney draw up the proper papers. Any further discussion? Mr~ Berg, roll call vote please. Roll-call: De Weerd, aye; Anderson, aye; McCandless, aye; Bird, aye~ MOTION CARRIED: ALL AYES Corrie: At this time I'll entertain a motion to close the Public Hearing on the request for Preliminary Plat 008~ Anderson: So moved. Bird: Second. Corrie: Motion made and second to close the Public Hearing on the Preliminary Plat 008. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: I'll entertain a motion then for the request for the Preliminary Plat. Anderson: Mr~ Mayor.. Corrie: Mr. Anderson~ Anderson: I would make a motion that we approve the request for a Preliminary Plat for 1 building lot and 1 ACHD park and ride lot on 6.36 acres in a C-G zone for the proposed Traveler's Corner and instruct the city Attorney to draw up the appropriate Findings of Facts and Conclusions of Law. McCandless: Second~ Corrie: Motion been made and second to approve the request for Preliminary Plat PP 01-008 and have the attorney draw up the proper Findings of Facts and Conclusions of Law. Any further discussion? Hearing none, roll call vote Mr. Berg~ Meridian City Council Meeting June 19,2001 Page 4 1 ( Roll-call: De Weerd, aye; Anderson, aye; McCandless, aye; Bird, aye~ MOTION CARRIED: ALL AYES Anderson: Mr. Mayor. Corrie: Yes Mr. Anderson~ Anderson: Could I request about a 5-minute break? Corrie: Yes. Okay, we will take a 5-minute break and come back here at 10 minutes ltil. READJOURNED AT 8:43 P.M. Item 15. Continued Public Hearing from June 5, 2001: CUP 01-014 Request for a Conditional Use Permit for a Christian Ministry for office space and an AftercarelTransitional home for men, serving as a group-living environment for 14 men and 1 live-in House Supervisor in an R-4 zone for Whole Life Restoration House by B.A.S.I.C. Outreach Ministriesf Inc -1304 West 1st Street: Corrie: All right, I'll call the meeti.ng back to order. We will start with item No. 15 which is a continued Public Hearing from June 5, 2001 ~ Requesting for a Conditional Use Permit for a Christian Ministry for office space and the after care transitional home for men living as a group-living environment for 14 men and one live-in house supervisor in an R-4 zone for Whole Life Restoration House by BASIC Outreach Ministries Inc. 1304 west First street~ At this time I will open the continued Public Hearing and have staffs comments first Stiles: Mr. Mayor and Council. This is for the property located at 1304 west First Street~ You have the recommendations from the Planning and Zoning Commission. A couple of the issues that were raised in that recommendation were the use of signage on the house there. They are proposing one sign on the house. It would say welcome to BASIC Outreach Ministries Whole Life Restoration House. This would need to be specifically approved. Even for home occupation, signage is prohibited. They would need to provide the appropriate paved parking areas as outlined in the recommendation. The recommendation also states that the professional office use is prohibited as proposed~ They are, in order to operate, they are required to get a certificate of occupancy and meet all the fire and building code requirements. I believe they are operating at the present time~ We did have some letters submitted in opposition. We, at first had recommended denial of this application. However at the Planning and Zoning Commission there was not a great deal of opposition to the project I believe the ( Meridian City Council Meeting June 19:t 200 I Page 42 applicant has done a good job of getting together with most of the neighborhood and explaining their program and has seemed to ward off some of the opposition of the surrounding neighborhood. I didn't see in my packet, any response from the school district. It is located not far from an elementary school. As you can see on the mapt this would be the location here in an existing home. This is the home that they are proposing to use and uses around the property. This is the rough site plan they have submitted showing parking off the alley and they would need to meet the conditions of the Ada County Highway District and our staff in the requirements for paving and landscaping and other issues that were brought up at the Planning and Zoning Commission meeting~ That's all the information I have to give you. If you have any questions, I'd be happy to answer them or turn it over to the applicant. Corrie: Council, any questions of staff? Bird: I have none~ Corrie: Okay~ Is the applicant here this evening? Durham: Yes, Mr. Mayor. My name is Mike Durham and I am the owner of the property at 1304 west First Street in Meridian. I serve as the executive director of the ministry of BASIC Outreach Ministries who is proposing to establish the Whole Life Restoration House at this location~ Basically, I'm sorry for a late response to the packet here. Wetve been waiting on some contractor bids on the improvements that are required on the property. We have some specific problems with the 30 items that were listed here. The improvements that were necessary. Basically, what we feel is happening here is the improvements that were requested, specifically the ADA requirement for this program are basically in excess of the value of the property~ It's going to take more than the property is worth to comply with these improvements. Another thing that happened with this whole process that sort of took the wind out of our sails, when the office use and the remodel on the garage was denied because basically we would have to go outside of the home there to provide space for our counseling services and our education services for the home. That creates another financial hardship for the ministry as well as putting a strain on services here. What we, in essence are running here is a program that is a discipleship program for men who have substance abuse issues who are coming out of drug and alcohol treatment environments~ It is a religious based program and we don't know where we legally stand on the ADA issue, if in a discipleship house environment if compliance to the Americans with disability act is necessary~ We know that there are an awful lot of discipleship homes in the area that are not meeting those types of requirements and have not been asked to. In any easel the ministry needed to apply for this conditional use prior to purchasing the property. We have a lease option on the property right now. My wife and I own the property but the ministry had the lease option~ Basically, we needed to find out if this property was going to work for us before we could move forward with any programming to Meridian City Council Meeting June 19~ 200 I Page 43 /. \.,.... .. (.. . \~ . . any extent We do have 6 people living in the house right now. We are running a discipleship program in the house right now. If we have to comply with all 30 of these items within this limited time frame, it's going to take us at least a year to raise the funds necessary to make these improvements. It would severally limit the ministry's ability if we're not able to run our programs~ We don't want to create any ill will with the city or the neighborhood on any way. If we have to comply with all these 30 items before we can move forward with any programming then we're going to need to go ahead and probably find a different property and at that time, we'd withdraw our application. What we would specifically like to ask is that the compliance with ADA, could that be reconsidered by the Council and that our office use be considered not as a professional office use but as a home office use specifically for the purposes of the ministry that's being run in the home to the residents that would be in the home. With regard to the education center that we had planned for the garage area, we understand that there are some issues there with the requirement for 2 garages. We want to be in compliance in every way possible. But, it does take the wind out of our sails. It does limit us in our ability to raise funds. There is an awful lot of monies available out there in the way of grants and things for educational purposes. There's not an awful lot of money available for substance abuse after care or discipleship programs. So, there was a specific financial concern in wanting to establish the education center there also. The other part of wanting to have the education center in that garage there was part of what needs to happen with these guys. In order to move them on and transition them properly we have to improve their earning potentials. In order to improve their earning potential we need to improve their education. A lot of times that's basic high school things. A lot of times that's some computer training and things of that nature. We have the computers. They've already been donated and it's a necessary thing if we're going to be successful in transitioning them and helping them to stabilize in the community to be able to improve their earning potential. Thafs about all I have. I don't want to take up a lot of time~ It's getting late tonight. Bird: Mr. Mayor Corrie: Mr. Bird. Bird: Mike, is this a work release house where they come and stay and stuff but they can work out. Durham: Yes. All of the men that are in the house would be required to work full time. Full time is defined at least 32 hours per week~ Each one of the men work and they pay their own way in the house. (inaudible discussion) Bird: No, it's not a work release - (... ('. Meridian City Council Meeting June 19, 200 I Page 44 Durham: It's not a correctional type place. Bird: I've had young men work for me that lived in a similar house in Boise. I don't know about on the handicap. What do you do if you have a handicap person come? ADA and I don't know where the law goes, or how it goes. I have always understood it (inaudible) which I take it this is open to the public? Durham: Right. Bird: Then when you remodel you have to come up to ADA standards. Durham: Yeah~ As our remodeling plans would move forward, we would of course want to comply. It's the amount of time really- Bird: I understand that~ Durham: -- that it would take to get us to that point that's a real stumbling block to us. We'd want to comply eventually with all 30 of these items but it's going to take us some time. Bird: First of all I want to say that what you guys do is greatly appreciated from my aspect and I firmly stand behind you. I know that getting started like this with limited resources is tough but I don't know where we stand within the law, ourselves of what we can delay or put on a year's basis or something like that to get it up to code. I don't know how we can do that. I for one would be willing to work anyway we could with you with this program because I have seen results of this program and it is a very good program. Durham: One other thing that I wanted to mention. One of the items of the 30 was replacement of trees. I have contacted the parks department. There are the 2 trees that, one of them it would be absolutely necessary to be removed to make room for our parking in the front area of the house.. Both of these trees, we believe fall into the category of nuisance trees and we contacted the parks department to see if they cannot be classified as that so that we would not have that item to deal with as well because they're pretty substantial trees. Bird: Mr. Mayor. While Mike's here, I'd like to ask the attorney what does he say about the ADA and all of those compliances that - Corrie: Mr. Nichols. Nichols: Mr. Mayor, Members of the Council. Councilman Bird, because this is a Conditional Use within this zone and because it's converting the house from a single family residential which is not required to meet ADA standards to essentially a public facility which is title 3 of the Americans with disabilities act. (. (~ cu. Meridian City Council Meeting June 19, 2001 Page 45 Thafs where the code requirements come in with regards to these standards. I believe that the Light House in that's in Nampa on Nampa Caldwell Boulevard which provides a ministry very similar to this had to meet the ADA and fire protection and building codes in Nampa before they could begin providing their ministry to those men in very similar circumstances to what your target ministry is. The ADA is not a city code. It's a federal law. Typically these changes in use have to meet all applicable local, state and federal codes. This is one of them that has to be met in order for that certificate of occupancy to be issued for you to legally have these non-family members there on a less than a transitory basis~ When Uncle George comes to visit you donJt have to upgrade your house to ADA standards. But, when you have something like this when you have to apply for a Conditional Use Permit_ It would be the same even if wasn't a faith based ministry. If it were a business, a non-profit organization that provided these services and obtained their funds through grants and whatever and had no faith based issues at all. They would be required to bring it up to ADA standards~ Bird: That's what I was afraid of. I have no other questions, Mayor. Corrie: Any other questions? Anderson: I have one.. Corrie: Okay J Mr. Anderson.. Anderson: In your letter of response then - normally what happens and I understand you don't do this on a daily basis like the developers~ They write back and they write specifically which of the conditions that they take an exception to. You just said that I can't comply with all 30 but you're not real specific about which things you can't comply with other than you mentioned the ADA. So, does that mean that there's - Durham: The ADA compliance is a big issue as far as the cost of the remodel for the house" Also there's some egress issues in the basement if the office use is denied then why would you ask for the egress in the basement? That's a concern for us. The cost and expense of taking out and then replacing the trees in front were a major factor for us. Our parking that was shown in our plan, we did not realize that they would be asking specifically for us to go as far down into the alleyway as they asked that we do that and some sidewalk replacements. As we go through this, the cost is exorbitant and for us and it does exceed the value of the property itself. For a Christian ministry specifically. this just would not be good stewardship for us to go out and raise the funds for a property that would never be worth that anyway. We should would love it if there was some way that we could work through this and get some time extension and be able to go into a capitol campaign raise the funds and do the work that's necessary~ We definitely understand that there are some problems here with this property~ You kind of have to go through this process to find out what all these things are. There's an ( (. Meridian City Council Meeting June 19, 2001 Page 46 awful lot of those 30 items that could be listed. The reason that, in our position letter, basically, we've been waiting on some bids from contractors and those didn't come in on time. We had hoped to have some specific numbers to deal with and we don't have specific numbers to deal with. SOl that position statement was written about an hour before the meeting tonight. I did that myself and that was just to kind of let you know the concern here for the ministry if we have to comply with all of the 30 items and we have to comply with them prior to being able to receive a certificate of occupancy that would be cost prohibited for the ministry and basically put us out of business in this area and we'd have to go looking for another property. Anderson: I almost hear you saying 2 separate things. One is you're saying that if you were given enough time that you would comply with all 30 of these issues. Then I also hear you saying that this piece of property you would be sinking too much money into it and that it would never, you'd never be able to recoup your expenses if it- Durham: In that particular location, if you put that kind of money into it you would not be able to recoup those expenses~ So, you would be talking about a long term use here for this purpose. You would not be talking about trying to turn the property over anytime in the near future~ We'd be talking about a long term use~ Corrie: Okay, anybody else? Okay. Mike, thank you. Durham: Thank you. Corrie: We have 5 people signed up to testify and would like to testify for this project. James Hughes? Sorry, but we can't get you on record~ Hughes: I'm James Hughes~ Ifm president of the board of directors of BASIC Outreach Ministries. Mike has really talked quite a bit about our issue here~ I think he has reiterated really well where the board stands~ We felt this was an opportunity for us to institute our first house in the area of Ada County~ We now realize if really all 30 of those requirements are to be met, that from the standpoint of capitol improvements it would just outweigh the cost of the property~ Where we're at with regard to starting the ministry is that we need to be raising the money for the program and expanding that to help people. If we put all of the money and the resources that we have as a board of directors or as we start this ministry in fund raising purposes for just improving the property we probably aren't doing what we need to do for people. I think from our standpoint, we'd like to see any kind of latitude you might allow us as you pointed out in terms of time that would allow us first of all to address the most pressing issues first. And secondly, maybe backing away from some of the more cosmetic kinds of things. We, for example noticed that many of the houses in the area don't have some of the requirements that you are listing. We're wondering whether or not some of the least expensive and consuming issues in terms of dollars, you would (. . \ . Meridian City Council Meeting June J 9, 2001 Page 47 back away from possibly. At this point I want to go ahead and turn this over to other members of our board that want to speak~ We do appreciate very much that you've taken the time] both the Planning and Zoning people when we met prior and for this Public Hearing as well. We know one thing. This problem is a real prevalent issue and we feel that. You knowJ Mr~ Mayor we've talked with you personally. We know that this is a good solution. We know we get results. We're hoping that this is the location that we. could be comfortable with and that the neighborhood would be comfortable with that we could co-exist and we could do a service for the people in the community that need the service we provide~ Thank you very much. Corrie: Thank you James. Art Lane? Lane: I'm Arthur Lane and I live in Boise Idaho and this is my wife the lovely Rosetta~ So, you're going to get a 2 for one here and we'll try to keep it to the minutes - ***End of Side Three*** A. Lane: (inaudible) We're the parents of the person who has graduated from this program. We're very proud that our son was a part of this program. We're proud that Mike is providing this community and the Treasure Valley this service because it has changed his life~ We would hope that Meridian would be a community where you could have this service to the community, that you could effect peoplets lives, especially the parents. I'll turn it over to the lovely Rosetta. R. Lane: My name is Rosetta Lane and I am the mother of Sam Lane. We really didn't have any - you know it's hard to find some place to find help. Like Arthur said, our son has completed the program, now has a good job and is doing very well. We're thankful that he had the opportunity. A. Lane: Thank you. Corrie: Thank you~ (inaudible) Durham: That was me. Corrie: That was you? (1m sorry, Mike~ I was thinking MichaeL Okay, is it Richard? (inaudible discussion) Corrie: Oh, he has left? Okay~ Is there anyone else here that would like to testify? Yes sir~ (. :-- Meridian City Council Meeting June 19, 200 I Page 48 Butler: Mark Butler, 52 east State Street~ J'm actually here for another item on the agenda but I have helped a couple of churches go through the process. Eagle City found a certain aspect of law quite helpful in allowing a church to get through some of the structural requirements. Because as you know churches, often times especially when they're starting are very limited in funds~ What they found helpful, and maybe the city attorney is aware of this or not aware of it. Maybe the Council and attorney could consider it. In 2000 the federal religious freedom and institutionalized persons act was passed and allows a lot of flexibility for governing agencies to vary their requirements to a certain extent to allow churches to have a little bit better foot hold in the community~ Maybe that's something you could look into. Thank you. Corrie: Thank you. Anyone else like to testify? Council) comments? Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I would like to make one comment. If it is at all legal I would be willing to help them along. The only thing I worry about and it's not the ADA~ I worry about the life safety, the fire~ When you get that many people in there what kind of alarm system do you have? Do you have enough exits? Do you have panics on the door so they can't be permanently locked from the inside, you can always get out? That would be one requirement if I was running the program that I would worry about is the life safety~ The ADAt yes, it's very important but I think that it seems like some business get by with it some donJt~ If there's anyway possible legally, I am one Councilman that would like to help you because I have seen the results of your program and I, as Mr. Lane said I've seen a couple of young kids come out of it that it really turned their lives around and made them worthy citizens and very good employees. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: A couple of comments. I'm not sure which way to go with this thing but I agree with Keith. This sounds like a very worthwhile program that really has an impact on people's lives. I think everybody sitting up here at this counter is very supportive of that. I guess the problem is, like Keith said, a lot of these specific requirements that are in here some of them are cosmetic things but some of those are life safety issues like the exiting out of the basement and those types of things. I think there's probably some flexibility that if you wanted some additional time to work with staff, you indicated that you were just typing this letter out an hour before the meeting. But, if you would work with some of the staff people maybe they could have some of these items that they could put some time frames on for you that you had to have these done within but the life ( t. (~:. Meridian City Council Meeting June 19, 200 1 Page 49 safety things, the critical things, would have to be done initially. I guess I would be glad to continue the Public Hearing to give you another 2 weeks or another month or whatever to work on some of those items with staff and see if something could be worked out with them if that would be a desirable outcome. (inaudible discussion) Corrie: Michael, if you could come up here and be on record I would be much more comfortable extending you some time, if we heard what you're saying. Durham: (Jm sorry. Corrie: Thank you. Durham: Yes. If we could have another month to work with staff on this it would give us a lot better idea of where our position is and we'd have our bids in on the property and probably be in a much better position to make a sound decision here on how to move forward. Corrie: My other suggestion would be, ADA does concern me because if you start putting all of this in here, and I don't know how they work~ If they come in and say you have to cease, then you.va lost every thing_ Maybe you can talk to that division of the ADA or whoever's in charge of that and maybe get some kind of a compensation for that. I think they would be willing to work with you. I hope they would be because what you're doing is fantastic and it gives other people a chance to straighten their lives out. Like Ron said, I think the safety issues is a must. I mean, from what I understand you have some there now. If you had a fire there and somebody got killed or burned I would feel terrible, as you would I know~ I think my recommendation would be that they give you some more time and I think the Council seems to be leaning that way. I would encourage you to check with the ADA rules and just see how strict they're going to be on that- Durham: I certainly will. Corrie: -- because it would be tragic to have everything ready to go and we approve it Then they come in and say, and they might be blind but sometimes they do some crazy things. Any other questions or discussion of Council? Okay, Mike thank you. Council, what is your pleasure? Would you like to continue this for some time? McCandless: Mr. Mayor. Corrie: Mrs. McCandless~ (.......... c.: . Meridian City Council Meeting June] 9, 200 I Page 50 McCandless: I will move that we continue this Public Hearing until July 17th to give them time to get their figure together and see what they can do and be with the staff. Bird: I second that with one - would you mind moving it to the 31st? McCandless: No~ That's fine. Bird: Because sometimes when you get contractors and stuff trying to get prices and stuff you just can't - We don't have a meeting the 31st? (inaudible discussion) Bird: That's the 5th one that's right The 24th is non-land issues. Corrie: (inaudible) the first meeting in August. Bird: Would you go for the first meeting in August, Council? McCandless: Finet Keith. Bird: Sometimes getting bids and stuff on this stuff takes a while. Corrie: That would be the 7th. Bird: To the 7th of August. Would you agree with that Cherie? McCandless: Yes. If that's all right with them. Corrie: It may take the government that long - Bird: ('II guarantee it'll take the ADA that long to get back to them. Corrie: Okay. We have a motion for the Council to continue the Public Hearing until August 7th. Is there any further discussion? Hearing nonel all those in favor say aye. MOTION CARRIED: ALL AYES Item 16. Continued Public Hearing from June 5, 2001: RZ 01-004 Request for a rezone of 8.29 acres from L-Q to C-G for Waltman Court Subdivision by John Goade - south of Troutner Business Park, between Waltman Lane and Ten Mile Road: Item 17. Continued Public Hearing from June 5, 2001: PP 01-007 Request for Preliminary Plat approval of 6 building lots and 1 other Meridian City Council Meeting June] 9, 200 I Page 5 t lot on 8.29 acres in a proposed C-G zone for proposed Waltman Court Subdivision by John and Sandra Goade - south of Troutner Business ParkJ between Waltman Lane and Ten Mile Road: Corrie: Item No. 16 is a continued Public Hearing from June 5th. This is a request for rezone of 8.29 acres from L-O to C-G for Waltman Court subdivision by John Goade south of Troutner Business Park between Waltman Lane and Ten Mile Road~ At this time I will open, or continue the Public Hearing and reopen it. Staff comments? Oh, I think there's another one. Bird: Yes. Corrie: Okay. Then number 17 is also a request for Preliminary Plat approval for 6 building lots. So, I will also open that continued Public Hearing. Both 16 and 17 ~ Shari. Stiles: Mr~ Mayor and Council. This is for the property located south of Troutner Business Park~ It also has what is known as the old Waltman home that is located on Waltman Lane. Originally the applicant had requested zoning of L-Q and C-G and it was in a specific configuration that went with the configuration of the lots that were proposed for the plat. However, the applicant has reconsidered the market for those properties and is now requesting to zone the entire property C-G instead of the mixture of L-Q and C-G. Initially when they had come in. We had wanted the L-O particularly adjacent to the existing residential areas. However, since that time the Ada County Highway District has constructed some very large drainage ponds in part of the area that would have been L-O. We don't really have the desire to have that be a mixture at this point Also the plat was being revised to be more marketable to a wide range of potential users. The property is also along Ten Mile Creek. As part of the development agreement for the project, the applicant had agreed to dedicate a pathway area adjacent to Ten Mile Creek. The applicant has submitted a position statement regarding 2 items. Maybe Tom can address this pathway. Item 4, the owner agrees, states that he agrees to deed the dedicated pathway to the city but the development of the pathway would be by others. What was written in the comments was that, that was suppose to be coordinated with the Meridian Parks director, whatever was going to happen with that pathway. There was a statement in the comments in our staff report that said the pedestrian walkway should be installed as part of this development. Coordinate pathway and fencing details with the parks director~ We had also requested that a landscape plan be submitted as part 0 the plat and that it should be received one week prior to the hearing with City Council. I don't believe that I have a copy of that unless Will has a copy of the landscape plan in it's file. WaitJ let me double check that. The other item that has been brought up by the applicant, our comments were that they had to provide evidence that they had put into trust funds with Ada County Highway District for the construction of the bridge at the end of Corporate Drive. We did have significant discussions about this the first time this came through and Ada County Highway District did Meridian City Council Meeting June 19, 200 I Page 52 ~.:.. c" finally agree to participate in the construction of half of that bridge over Ten Mile Creek because we did not want the entire cost of that bridge to fall on the property owner to the south. So, we would ask that number 1 0 remain as it is. We do support the rezone to entirely e-G. We would also support removing the restriction that all uses on this property would have to go through the Conditional Use Permit process and allow the uses that are shown in the zoning schedule of use control as being permitted to proceed without the requirement for a separate Conditional Use. With that, I'll turn it over to Tom Kuntz, park director and have him explain his discussions regarding Ten Mile Creek. Kuntz: Mayor and Council, thank you. We met on site with the applicant and walked the property and actually put some stakes in the ground to set so the surveyors can come in and actually do a legal description on the parcel that will contain the pathway. I think the only issue that we would like to comment on is contained in the Planning and Zoning Commission's comments, No.4 on page 3 and also in staff comments, No.4 on page 2 of their April 30th comments. That is where it comments about a pedestrian walkway should be installed as part of this development. The question being who's paying for the installation of the pathway~ Staff would be comfortable recommending gravel base only at this point. Not a hard surface but we feel like the developer should be responsible for providing that gravel base at this time as part of the application. Thank you. Corrie: Any other staff comments? Developer of this? Goade: Mr. Mayor, Council. I'm John Goade. I reside at 5855 Becky Drive~ I do own this property. It's a small piece of property and if we get too many demands of what I have to do, isn't viable to do. The bridge has no value to me as far as the development. The pathway, I could probably go along with Mr~ Kuntz's suggestion on the gravel. I don't have any other- Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: John, I understand then that you agree to put down on the pathway, the rock on that as part of the development agreement? Goade: Four inches of road mix, yes. Bird: Four inches of road mix, okay. I do have a statement regarding the bridge~ I agree when we have subdivisions come in we don't make, if they stop at a point, we don't make them go through it for the road. That property definitely don't need that bridge. The only people that's going to benefit is the people in the south. When they develop then they can pay for it. That's my opinion. Anderson: Mr. Mayor. (/...... Meridian City Council Meeting June 19, 2001 Page S3 Corrie: Mr. Anderson.. Anderson: Does that have to have a bridge or can it just be tiled with pipe --? Goade: It depends on what the county calls for. It probably could be a large culvert. Corrie: Sharif have we talked - go back to the other one. Right there, between one and five that comes down there and it goes across the ditch. Is that what we're talking about? Bird: Right there~ Corrie: Okay~ Would that eventually, commercial on the other side I would imagine. Goade: That will eventually lead to the freeway frontage I'm sure. Corrie: Is not the trust fund for half of that bridge? Bird: From ACHD? Corrie: Yeah. Bird: It's a trust fund for half the bridge? (inaudible discussion) Stiles: I don't know what formula they had worked out but they did finally agree that they should be responsible for half the cost of that crossing. Bird: Shari, until we get plans in from those other 2 properties, or one of those properties, I don't think they're owned by the same people below there. Are they? Goade: NO. The one directly ac-ross -the .d.itch .is a.n -individual and then the freeway property- Bird: I don't know why we would even want to - I would just stop the road there and not even worry about the bridge. Stiles: It's a major collector that will be required to connect It's going to go down to Waltman Lane and serve all of that area south of Waltman Lane. -Bird: Th.at'.s very true .but -why put the bridge in now? We don't have the ground over there. Are you just going to come it over and stop it? /.~ ... : .. j . . \:. . (' Meridian City Council Meering June 19, 200 I Page 54 Stiles: It's not to - the trust fund is not to build the bridge. It's to make sure the funds are in place so that when the property that's south does develop, that half of those funds are already in place. Bird: From ACHD? Stiles: I don't know what the formula was but they did agree finally to participate. Bird: I just don't see this developer having to pay for a bridge that doesn't help his property at all. It could be years down the road before the other properties develop. Corrie: I guess my question Keith, would be a legal one. Do we have anything to say about it? I mean, we don't have anything to do with roads, but I don't know whether we can or not. Bird: I don't know how we can force somebody to put a bridge on - Corrie: I don't know that we can~ That's what I'm saying. If that's a requirement of ACHD then, I don't see how we can force him to but they might. I dontt know. Goade: I'm required to put a turn around at the end of the road as it is shown now~ Corrie: Okay. What they're- Goade: For emergency vehicles, whatever. No bridge. Corrie: They're aSking for that trust fund in case somebody happens - They're going to get your money is what --. They're looking at long term. Goade: I haven't heard anything from the county about it. Anderson: Did they buy any right-ct.-way or easements from you for the road? Goade: Yesf they did buy some right-af-way. Anderson: For which road? Corporate? Goade: Part of Corporate yes. Bird: I recall originally we had a discussion on this Mayor. You brought the point up and it was ACHD was involved in that and it was a turn around that this Meridian City Council Meeting June 19, 200 I Page 55 developer had to put at the end of that deal. Yeaht you're right. I remember that now. On the trust, I don't know how that goes. Corrie: I have no trouble with that turn around myself. I don't know how we can Bird: Yeah. I don't know how we can force somebody to put a bridge in when we don't have anything to sayan the road~ Stiles: Mr. Mayor. Corrie: Mrs. Stiles. Stiles: When this first came up we had to struggle with Ada County Highway District and especially Mr. Goades representative, Tony Hickey at that time, did work with Ada County Highway District to get them to agree to participate in the cost of that bridge. Now, if it were several people and they had some kind of a funding mechanism in place to share the cost with that whole area down there, that would be one thing. But if that one R- T which shown in the picture would decide to develop by themselves, the cost to put in that bridge by themselves would be a lot to put on one person. I don't know if Mr. Goade recalls what the agreement was with Ada County Highway District and the fact that they did eventually make the commitment to participate in the cost of that bridge and what kind of formula they might have worked out. Maybe they didn't get that far. Goade: I'm not aware of any commitment that they made. Stiles: It would be in the previous file for this subdivision. Bird: Actually, Shari, if ACHD is going to make that a collector then my personal opinion is they can foot the bill because that R-T section and that other place can use Waltman Lane to get access to their property if they want to develop it. Stiles: It's a substandard street It doesn't even meet any requirements. Bird: I know that. I mean you know, I just don't see how you can force this developer to have to put any money into that bridge~ Like the Mayor says, we don't have much to say on that.. I can't see as we can make that a condition either of the approval because we don't have a sayan that with ACHD. Stiles: (inaudible) De Weerd: Mr. Mayor~ Corrie: Mrs. de Weerd. (. \.. Meridian City Council Meeting June 19, 2001 Page 56 De Weerd: I guess, you know they city needs to at least take a stand. There are a thousand houses to the west of there that have no access. It's just ludicrous. That eventually will be one of them. It is a necessity. If you have a stub over here that goes nowhere and why it does go nowhere for this long when there's all those houses to the west. I don't understand that since we're not the road authority. Right there and that's what that bridge is going to service. Bird: How's that bridge going to service that? De Weerd: Well, because it's going to go through that piece of property. I think ACHD needs to start planning how to get those people out of that subdivision because they only have one route out and that's the Linder. That is going to help facilitate it at some point. Every other developer has to pay for roads too. Yes, you can tell we don't plan them. Bird: The problem is they pay for the roads within their subdivision. He's going to be paying for his roads within his~ I just don't see the necessity with the bridge. I don't see where it helps his development at all. De Weerd: It's not our requirement but I see the logic to it. Corrie: It's definitely a problem. Only one way in and out of that place down there. I get calls on it every week. De Weerd: Well, yeah. Corrie: (inaudible) De Weerd: Do you give them ACHD's phone number? Corrie: Yes.. As a matter of fact I have. Bird: Then ACHD says Meridian why did you approve it? De Weerd: Who was on here? Bird: Wasn't me. (inaudible discussion) Corrie: What's the landscape --- you said something about the landscape plan wasn't in ? Stiles: We had requested a landscape plan. I don't where John is on that. Goade: Was that a landscape plan for the development or for the path? ( . Meridian City Council Meering June 19, 200 I Page 57 Stiles: I believe it was just for the development, the subdivision and if there was any adjacent to the pathway. Goade: I took it as the path. It is not here but I will get it in for the subdivision. Stiles: There are landscape requirements adjacent to roadways, right-af-ways. Goade: Okay, I'll get that in. Stiles: Mr. Mayor. I don't know what you can do with the rezone. I would like to clarify this with Ada County Highway District and see what their requirements were because their letter just says the conditions of June 2000 remain in effect and I don't have those with me. I would like to see their take on it because I guess I feel that I fought pretty hard about this bridge issue and I want to make sure that it's taken care and not to put an undue burden on Mr.. Goade~ You know how likely it is that a bridge crossing of Ten Mile Creek will be put on any planning programs for Ada County Highway District unless they made some commitment to have impact fee offsets to help contribute toward that bridge~ It's also very vital that that bridge continue across Ten Mile Creek because that's where the pathway is proposed to go. Once it gets to the --~ The pathway is proposed to go adjacent to Ten Mile Creek up to this point. I'm not sure which side of the road it would be on~ Probably on this south side. Then the bridge would continue the pathway at which time the pathway would be on the south side of Ten Mile Creek. SO, it is very important to the City of Meridian as well as those properties south. You say that he's not going to get any benefit out of that bridge but once it connects to the land and depending on what kind of businesses locate in here, they're going to have a lot more business than they would if they have to go back through this maze of trying to get through Waltman Lane or coming off Franklin Road. It's much better access wise. I would like to at least be given the opportunity to find out what Ada County Highway District's final approval letter was on the previous one that they're referring to~ Bird; Mr. Mayor. Corrie: Mr. Bird. Bird: Shari, would you feel comfortable if we were to pass him on it with the condition of the ACHD agreement as far as the bridge and road? Stiles: Sure. If Mr. Goade is happy with that. Bird: Of 2000, June 2, 2000, which I believe that's when it was. I remember us having a meeting. I remember that thing being brought up. Gary's got it. Corrie: Where does No.4 lot, whereJs their driveway? Is it down in front of 3? Meridian City Council Meeting June 19~ 200 I Page 58 Goade: No. It comes off from Waltman Lane~ Corrie: Oh, I see. Bird: Is that the lot that the house is on? (inaudible discussion) Corrie: Anybody care to sing? De Weerd: I could clear the room. Bird: I could clear the room for you. Turn out the lights, the party's over? Corrie: Yeah. Bird: We need Don Meredith. Corrie: Sorry, John to hold you up here. Goade: No problem. Corrie: I think they're still looking for the answer to Keith's question. (inaudible) Bird': Jo.hn, what d.id the ACDH do with the storm drains there? What's going to be resolved there? Goade: As far as? Bird: Where it's right in the middle of the road. Goade: the drain itself? Bird: Yeah. Goade: They messed up the sewer from southwest fifth and also Meridian Road_ So, the sewer's going to have to come in up by lot four across the creek and it's going to have to be deeper and run up southwest fifth extended and back up Corporate Drive to serve the old Meridian rental property up there when they develop that. So, they created us a lot more expense there. Stiles: Mr~ Mayor and Council. We have a letter dated October 23,2000 to Tony Hickey from Ada County Highway District. IT says with regard to sharing of the cost of a future crossing at Ten Mile Drain, the district will participate in the cost of this facility to the following extent 13.04 percent of the stream crossing. This is Meridian City Council Meeting June 19, 200 I Page 59 the share of the total. street construction .to be paid .by the district because Corporate Drive is a collector and this I the difference in cost between a local commercial industrial street and a standard collector street. A proportionate share of half of the balance of the cost, based on the land area of the parcel owned by the district compared to the total land area in the subdivision~ That's not a sentence. According to the Preliminary Plat this would be 1.10 divided by 6.65. 16.5 percent of the development's share of the crossing; This factor should be verified using the areas contained in the final subdivision plat. It appears, their total. they're showing would be 20.24 percent of the cost of that bridge. This is signed by Larry Sail. Corrie: That would be one fifth of it. Stiles: Then it goes on to say, we will collaborate with the city engineer to determine the appropriate design of the crossing and it's estimated cost. The crossing will be installed by the developers of the property on the south. side of Ten Mile Drain when Corporate Drive is extended. The developer of Waltman Court subdivision will be required to deposit 79.8 percent of one half the estimated cost of the stream crossing with the district~ The district will use the funds to compensate the developer of the south side of the Ten Mile Drain who will extend Corporate Drive across the drain when they develop their property. I'm not sure exactly what that says. (inaudible discussion) Corrie: It sounds like John's 20 percent, the others 30 this is 40. Then he has to pay 79 percent of the 40 which would bring it down to a little over 20 percent (inaudible). I only went to Pharmacy school. I can only count to five. Anderson: I think I got it. Roughly, you're paying 40 percent. Corrie: Roughly that's about what it amounts to. Bird: 40 percent now. (inaudible discussion) Anderson: Were you aware of that letter of that condition? Goade: No, I wasn't. Corrie: Who was that letter to, Shari? Us? Stiles: It was to Tony Hickey, the realtor that was working with Mr. Goade. Corrie: OhJ okay. (... .< Meridian City Council Meeting June 19, ZOO I Page 60 Anderson: SOt does. that change your opinion on everything. ACHD is paying 20 percent and you're paying 40? G.oade: Well, yeah. I donJt know that that changes my opinion but I'll just have to see what we can do about it. Bird: This would have to be resolved before Gary can sign off on the Final Plat. Goade: Right. Bird: There would have to be something put in a trust or something before Brad or Gary can sig n off. Corrie: Unless, I'm sadly mistaken you can make that a motion and go with. that, with the staff and ACHD based upon that figure -~. (inaudible discussion) Corrie: -- Well, yeah. I'm just (inaudible) a discussion here. Okay. Anything else John? Goade: No~ Bird: Thank you. Corrie: Thank you John~ Is there anyone else who'd like to issue testimony? I know the only one that (inaudible) but anybody else? Okay~ Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Okay. Shari, after reading that does that satisfy your condition in this deal. that you had wanted to see ACHD's and is that satisfactory to you? Stiles: Yes. I guess as far as the request by Mr. Goade to change those 2 items, we would recommend that those items remain as they are currently in the recommendation. Corrie: That's just for the gravel base on the path. (inaudible discussion) Corrie: Okay~ Is there any other discussion? Bird: I have none. Meridian City Council Meeting June 19, 2001 Page 61 ( . . (~...... t<...... . Corrie: I'll entertain a. motion then, if YOu. so desire to close. the Public Hearing on item 17 and 18. Bird: 16 and 17. Corrie: 16 and 17, yeah. rm sorry. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we close the Public Hearing for the requested rezone of 8.29 acres from L-Q to C-G for Waltman Court subdivision by John Goade. De Weerd: Second. Corrie: Okay. Motion been made and second. to close item No. 16 rezone 01-- 004 for Waltman Court subdivision. Any further discussion? Hearing none, all those in favor say aye~ MOTION CARRIED: ALL AYES Corrie: Further discussion? De Weerd: No. Corrie: Okay. Hearing none, I'll entertain a motion. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we approve the request for rezone of 8.29 acre from L-O to C-G for Waltman Court subdivision by John Goade south of Troutner Business Park between Waltman Lane and Ten Mile Road and for the Attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order with staff comments. De Weerd: Second. Corrie: Okay. Motion's been made and seconded to approve the request for rezone 004 with staff comments, Any further discussion? Mr. Berg, roll call vote please. Roll-call: De Weerd, aye; Anderson, aye; McCandless, aye; Bird, aye. MOTION CARRIED: ALL AYES Meridian City Council Meeting June 19, 2001 Page 62 Corrie: I'll entertain a. motion. now on the continued Public Hearing closing on the request for Preliminary Plat. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we close the Public Hearing for the request for Preliminary Plat approval on 6 building lots and 1 other lot on 8~29 acres in a proposed C-G zone for proposed Waltman Court subdivision by John and Sandra Goade~ Anderson: Second. Corrie: Okay, Motion made and second to close the continued. Public Hearing on the request for Preliminary Plat PP01-007. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: Any further discussion? I'll entertain a motion on the request for Preliminary Plat. Bird: Mr~ Mayor. Corrie: Mr. Bird. Bird: I move we approve the Preliminary Plat approval for 6 building lots and 1 other lot on 8.29 acres in a proposed C-G zone for proposed Waltman Court subdivision by John and Sandra Goade and for the attorney to draw up the proper papers and to include staff comments and developerJs comments. De Weerd: Second. Corrie: Motion been made to approve the request for Preliminary. Plat on PP01- 007 and for the attorney to draw up the proper papers with inclusion of the staffs comments and the developer's comments... Any further discussion? Hearing none, roll call vote Mr~ Berg~ Roll-call: De Weerd, aye; Anderson, aye; McCandless, aye; Birdf aye. MOTION CARRIED: ALL AYES Item 18. Continued Public Hearing. from June 5, 2001 : RZ 01-004 Request for a rezone from an R-8 to L-Q zone for Meridian Water Meridian City Council Meeting June 19; 200 I Page 63 (:... Department by Meridian Water Department - 2235 Northwest 8th Street: Corrie: Item No. 18 is a continued Public Hearing from June the 5th. Request for rezone from R~8 to L-Q zone for Meridian Water Department by the Meridian Water Department 2235 Northwest Eighth Street. At this time I. will open the continued Public Hearing. Staff, comments. Stiles: Mr~ Mayor and Council. This is for the property that currently houses the water department. They desire to make some changes to the interior of the building and wanted to make sure they are in compliance with our ordinances. It is currently in an R-8 zanet which does not permit the use. So, John Shawcroft of the sewer department requested that we get the paperwork together to make that an L-Q zone so they would be compliant with our ordinances~ We would recommend approval. Anderson: Mr~ Mayor_ Bird: Who's representing the developer? Brad, or Gary? Stiles: Brad. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I just have one question Shari? When are they going to start this project? Stiles: Which one? The interior remodel? Anderson: Yeah, that one. Stiles: I believe that the public works director informed. me th.at that might have already been occurring out there. Corrie: Thank you. Stiles: Unbeknownst to the Planning and Zoning Department. Bird: How about the City Engineer, Brad? De Weerd: Yeah, didntt they get a permit? Stiles: They did not receive a certificate of zoning compliance. / l ~ Meridian City Council Meeting June 19~2001 Page 64 Corrie: I assume that the applicant has spoken then? Bird: He's hanging his head. Corrie: Is there anyone from the pUblic like to issue testimony on this very serious development that has come before the City Council tonight? Hearing none, I hope the Council's wise in making their decision correctly here. De Weerd: Mr. Mayor6 Corrie: Mrs. de Weerd. De Weerd: I move we close the Public Hearing. Bird: Second. Corrie: Motion made and second to close the Public Hearing. All those in favor say aye. MOTION CARRIED: ALL AYES Corrie: Discussion? H'earing none, I'll entertain a motion for the request for rezone. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I move that we approve the request for rezone from R-8 to L-O. for the Meridian Water Department and for the attorney to draw up the appropriate findings and to include all staff comments. Bird: Second. Corrie: Motion been made and seconded to approve the request for rezone, for the attorney to draw up the proper forms and all the staff comments be included, for what they could hear. Any further discussion? Anderson: Can we add another condition? They should be slapped? Bird: Yeah. Corrie: Mr. Berg, roll call vote. Roll-call: De Weerd, aye; Anderson, aye; McCandless, aye; Bird, aye. (/ /.~. (V '-. .Meridian City Council Meeting June 19) 200 I Page 65 MOTION CARRIED: ALL AYES Item 19. Continued Public Hearing from June 5, 200.1: VAR 01-005- Request for a variance of the rear property setback from 15 feet to 11_5 feet for property to be used for single-family dwelling by John Flaherty Construction, Inc. - 2421 East Weir Creek Drive: Corrie: Item No. 19 has been dropped. We will need to have the proper request and motion on item 19. De Weerd: Do you want to open it first? Corrie: WeIlJ-- Bird: No~ You don't. Corrie: Yeah. I guess we could~ This is a continued Public Hearing" on a. request for variance on a rear property setback from 15 feet to 11.5 feet to be used for single family dwelling. ***End of Side Four*** Corrie: ~- Motion to close the Public Hearing. Bird: So moved. De Weerd: Second. Corrie: Motion made and second to close the Public Hearing. All those in favor say aye. MOTION CARRIED: ALL AYES Corrie: I'll entertain a motion to drop - Bird: Mr~ Mayor. Corrie: Mr. Bird. Bird: After receiving a letter on June 18th from Kyle Basell, superintendent of John Flaherty Construction requesting that we pull the application for the request for variance of the rear property setback from 15 feet to 11.5 feet at 2421 East Weir Creek Drive, I move that we pull it from the agendas. De Weerd: Second. Meridian City Council Meeting June 19, 2001 Page 66 Corrie: Okay. Motion's been made and second to approve the- De Weerd: Not approve, drop. Bird: Pull. Corrie: Yeah, but you've got to approve the drop, don't you? De Weerd: Oh} yeah~ Sorry. Corrie: Okay. - to approve the request to pull the application on the request for variance 01...005. Any further discussion? All those in favor say aye. MOTION CARRIED: ALL AYES De Weerd: Mr. Mayor. Corrie: Yes, Ma'am.. De Weerd: Does that mean that they will be taking that structure down? Is that what this means? Stiles: What happened? I don't have a copy of that letter so I don't know. (inaudible discussion) Bird: IT was received today. We are requesting that the variance application be dropped for John Flaherty Construction on lot 38, block 14 of the Thousand Spring subdivision 2421 East Weir Creek Drive. Respectfully, Kyle Basalt superintendent John Flaherty president John Flaherty Construction. De Weerd: I'd like staff to follow up with this and make sure, since they're not applying for the variance, they're going to take the cause for the variance down. Anderson: How do you know it was built? De Weerd: I know it's built by the letters we've received from the neighbors. I haven't gone out to look but I assumed by the letters- Stiles: There's pictures showing it De Weerd: Oh, there it is. (inaudible discussion) coo Meridian City Council Meeting June 19, 200 I Page 67 Item 20. Public Hearing: 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 Devel~pment, Co. LLP - north of Ustick and east of Ten Mile Roads: Item 21. Public Hearing: CUP 01-006 Request for 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 Develop.ment, Co. LLP - north of Ustick and east of Ten Mile Roads: Corrie: Okay. Item No. 20, am I right there? Yeah~ 20, 21 has been requested to move to July 3, 01. So I will open the Public Hearing on item 20 and 21, request for Preliminary Plat and also request for Conditional Use Permit. Is there anyone at this time that would like to issue testimony? You have a chance to do it You'll also have a chance on July 3rd. Okay, hearing no comments, I'll entertain a motion to continue the Public Hearing on the request for Preliminary Plat and also the request for Conditional Use Permit on Bridgetower Crossing subdivision, item 20 and 21. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I would make a motion that we continue the Public Hearing on the Preliminary Plat 01-005 for 336 building lots and 58 other lots on 175.91 acres in a proposed R-4 and C-G zone for the proposed Bridgetower Crossing subdivision. Bird: Second. Corrie: Motion made and second to continue the Preliminary Plat PP01-005 on item No. 20 the Public Hearing~ Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I would make a motion that we continue the Public Hearing until July 3rd on CUP 01-006 for the proposed Bridgetower Crossing subdivision_ (:. . fv(:~Y~. . t. .. Meridian City Council Meeting June 19, 200 I Page 68 Bird: Second~ Corrie: Okay. Motion made and second to continue the Public Hearing on request for Conditional Use Permit No~ 01-006 until July 3, 2001. All those in favor of the motion say aye~ MOTION CARRIED: ALL AYES Item 9. Tabled from June 5, 2001: CUP 01-010 Request for a Conditional Use Permit for a free-standing coffee hut with a drive- thru in a proposed C-G zone for proposed Moxie Java by T JBJ, Inc~ - 1975 East Fairview: Item 22. Public Hearing: VAR 01-008 Request for variance for the reduction of two required parking spaces for Moxie Java by T JBJ, Inc. - 1975 East Fairview: Corrie: Item No. 22 and item No. C, no No.9 I believe it was wasn't it? Bird: Yes. Corrie: Yes. Nine, so we need to take up 9 first. Bird: No~ We need to take up 22 first. Corrie: 22 because that's the variance. Okay~ This is a Public Hearing on the request for variance by the reduction of 2 required parking spaces for Moxie Java, T JBJ, Inc. 1975 east Fairview. At this point J'IJ open the Public Hearing on the variance request. Staff comments first. Stiles: Mr. Mayor and CounciL This is for a stand alone building to be operated as a drive through facility for Moxie Java. It would be located in front of the Econo Lube and Tune on Fairview Avenue.. You have the recommendations from the Planning and Zoning Commission. They will be required to have a variance from their parking requirements. Econo Lube and Tune is only one lot out of 4 in the subdivision~ While they may exceed their parking requirements for the Econo Lube and Tune, should that use be changed to something else, they would have some pretty severe parking problems there. The Planning and Zoning Commissions recommendation was that they add 2 more parking stalls or they apply for this variance~ That is what the applicant has done. The ordinance requires that for drive thru windows, 5 parking spaces per window would be required. I'm not sure if they changed that. Todd's here tonight. I don't know if they changed this - we say a lot of problems perhaps with the double drive thru and some of the turning movements~ If there should be stacking with this parking stalls here it would be a very strange configuration for a 2 way drive thru~ ( Meridian City Council Meeting June 19, 2001 Page 69 (inaudible discussion) Stiles: The applicant has stated from the audience that they are going to the single which would help a lot with their site plan. We would also like to note, I know we're still on the variance - (inaudible discussion) Stiles: -- The Conditional Use Permit is not a Public Hearing because it is in a commercial zone so it only requires one Public Hearing at Planning and Zoning. I would like, since the applicant is proposing this site that he work with the property owner and the Econo Lube and Tune to remove the existing banners and all sorts of signage that is currently there that is in violation of the ordinance. We would expect that to be taken care of prior to the erection of that building. Corrie: Any questions of staff? Bird: I have none. Corrie: Okay, applicant. Come forward, give your name, address. Mason: I'm Todd Mason. I'm at 1566 Shenandoah Boise Idaho 83712~ On the stacking, we originally had put an application in at P&Z for a double drive thru but you can see the way - . We had resubmitted it at last minute with just the single drive thru because that was what the staff report had recommended us do. So, that's what we had went ahead and done. We're not even asking for a double drive thru. We're just asking for the single drive thru. As far as you know working with Darryn Larson on getting the banners removed and stuff. You know I've talked to him about that. That wouldn't be any problem at alL Corrie: You're still reducing to 2 required parking spaces? Mason: Yeah. That's our only option. That's what we have to do~ Econo Lube doesn't use} I don't know if you've ever paid any attention but they never use any of those front parking spots at all. They've got as you can see 4 or 5 there and then they've got a lot of parking in the back area also that they normally use because it's more accessible on the back then it is actually in the front. So, if they've got an extra vehicle, they actually park them in the back instead of parking them all the way out front. Corrie: Okay. Any comments or questions from Council? Bird: I have none. Meridian City Council Meeting June 19; 200 I Page 70 Corrie: Okay~ Thanks Todd. Is there anyone from the public that would like to issue testimony at this request? Okay, hearing none, Council, questions, discussion? Bird: I have none. Corrie: Hearing none, I'll entertain a motion then to close the Public Hearing on the variance request. De Weerd: So moved. Bird: Second. Corrie: Motion made and second to close the Public Hearing on the variance request 008 on the Moxie Java. Any further discussion? All those in favor say aye. MOTION CARRIED: ALL AYES Corrie: Discussion? Hearing non, I'll entertain a motion then. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we approve the request for a variance for the reduction of 2 required parking spaces for Moxie Java by T JBJ Incorporated at 1975 East Fairviewt Meridian] and the attorney to draw up the proper papers~ De Weerd: Second. Corrie: Motion made and second to approve the request for variance for 2 required parking spaces for Moxie Java VAR 01 M008 and the attorney to draw up the proper papers. Any further discussion? Hearing none, roll call vote Mr. Berg. Roll-call: De Weerd, aye; Anderson, aye; McCandless, aye; Bird, aye. MOTION CARRIED: ALL AYES Corrie: 9, going back to that. I guess it would be 22C. This is tabled request for a Conditional Use Permit for a free standing coffee hut with a drive thru in a proposed C-G zone for proposed Moxie Java, CUP 01-010. Staff comments, any further comments? Stiles: Mr. Mayor please incorporate my comments from the previous Public Hearing. (' Meridian City Council Meeting June 19,2001 Page 71 Corrie: Okay. So be it. Councilt discussion? Hearing. nonet .1'11 entertain a.motion then on the request for CUP. De Weerd: Mr. Mayor. Corrie: Mrs.. de Weerd. De Weerd: I move that we approve the CUP for a. free standing coffee hut for the proposed Moxie Java in a C_G zone, to incorporate all staff comments to ask the Attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order~ Bird: Second. Corrie: Motion's been made and second to approve the request for Conditional Use Permit No. 01-010 for Moxie Java, for the Attorney to draw up the proper Findings of Facts and Conclusions of Law incorporating staff comments~ Any further discussions? Hearing none, roll call vote Mr. Berg. Roll-call: De Weerd, aye; Anderson, aye; McCandless, aye; Bird, aye. MOTION CARRIED: ALL AYES Item 23. Item 24. Item 25. Public Hearing: VAR 01-007 Request for a variance to exceed the maximum 1,000 foot block length for proposed Macaile Meadows Subdivision by Hillview land Development, LLC - south of Fairview Avenue, north of Pine Street and % mile west of Cloverdale Road: Public Hearing: AZ 01-005 Request for annexation and zoning of 28.59 acres from RUT to R-8 for proposed Macaile Meadows Subdivision by Hillview Land Development, LLC - south of Fairview and west of Cloverdale Roads: Public Hearing: PP 01-006 Request for Preliminary Plat approval of 115 building lots and 15 other lots on 28959 acres in a proposed R-8 zone for proposed Macaile Meadows Subdivision by Hillview Land Development, LLC - south of Fairview and west of Cloverdale Roads: Corrie: I guess we have a Public Hearing No. 23, 24 and 25. Request for variance on Macaile Meadows subdivision, request for annexation and zoning on the Macaile Meadows subdivision and request for a Preliminary Plat. At this time I will open the Public Hearing~ Is there anyone here who would like to issue (~n'..~. .. coo . Meridian City Council Meeting June 19~ 2001 Page 72 testimony? We will continue to the July the 3rd meeting. Hearing none, Council, oh I'm sorry ~ I apologize. Yes sir. Unidentified: Could you repeat what you wanted a response on, Mr~ Mayor? Corrie: We have a variance, an annexation and zoning and a Preliminary Plat all in one~ You can comment on all 3 singly or you can also do it the 3rd. Unidentified: Actually, we would like to comment on all 3 if possible. I would appreciate it if the Council can handle it tonight~ There are 15 or so folks from the neighborhood that would like to speak also. Corrie: Now, you know you can do that the 3rd of July as well, but not on the same thing? Unidentified: I think today would be much better if you don't mind~ The folks are here and wetd like to- Corrie: Let me ask a legal question. Is that requested by the applicant, since we don't have an applicant testifying here. Unidentified: I am the applicant. Corrie: Oh, you are the applicant? Unidentified: Yes. Nichols: Mr. Mayor. If I can interject, I think we're a little off track here. What you said at the beginning of the meeting was that whatever pointt cutoff comes, whatever hearings are left would go to June 27th, not July 3rd. Corrie: Okay. Nichols: There's been no request by anybody to move this to a specific date. He would only be moved in the event that you cutoff the hearings. So, if we don't get through all the hearings, usually the cutoff time is 11 :00. If we don't get through all the hearings until 11 :00 you can cut them off at that time and continue them to the 27th of June. I believe that would be your process. Corrie: Okay. I suppose, Council if you want to cut this off at 11 :00 and we're not through, youTre going to come back the 28th and finish this up anyway. 11m going to leave it up to the Council. Usually we ~Iose it at 1 0:00 because we have some other business that's coming down here tonight. I guess, Council can I have some comment from you on this? Do you want to move this on to the 27th? Because like I say we do have some other that we need to go through. {\ //...~ ~ (: . Meridian City Council Meeting June 19, 200 I Page 73 De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I guess I now know what all these people are sitting here for. I would say let's cut it off at 11 :00 and see what we can get done and allow the people to testify. McCandless: Mr~ Mayor~ I agree. Bird: I agree with them~ Anderson: Mr. Mayor. I would agree if we could maybe limit some of the time frames if we have that many people if we could cut them to 3 minutes of testimony. That way we could hear the majority of them tonight and then nobody would have to come back --~ (inaudible discussion) Corrie: Okay. Due to the time, this is what we normally do anyway. So, the developer has 5 and the other people have 3 minutes and you're welcome to come back if we don't get finished. If we finish and give you a judgement tonight, then we won't be here the 27th. Unidentified: All the better. Thanks9 So, is the Public Hearing open now? Corrie: It is. Unidentified: Thank you. Corrie: Yeah, but we- Un identified: I'm sorry, staff. Corrie: Hang on. We're going to have staff make comments first Stiles: And, you opened all 3 of these? Corrie: All 3, yes. Stiles: Okay. The first one deals with the maximum 1000 foot block length. We would probably need to revise what the applicant has written in. I believe this is the latest and greatest layout of this subdivision. The maximum block lengths are exceeded pretty much every block. This block exceeds the maximum block length as well as this. They are restricted on the south and on the west side because of existing development~ There's Crossroads subdivision that is fully { . t:..:. Meridian City Council Meeting June 19, 2001 Page 74 developed here. A subdivision that we recently rezoned to R-4. There are 278 lots. To the south is Westdale subdivision. YouJII recall there is Westdale Park subdivision No~ 1 which is in Boise City and Westdale Park subdivision No.2 which is in the City of Meridian. The only access at this time, I don't think a stub street to Pine has been constructed south of, in this Westdale Park subdivision No.2. So, currently the access is shown coming from Cloverdale Road down Driftwood and would enter the property at this location. All of these including this blockt this block, they're all exceeding the 1000 foot block length. That's what theyJre requesting the variance from. I'm going to have to rely on the applicant to explain the various iterations of what has happened with this additional road. I don't know if this is a stub. The Seventh Day Adventist Church owns - this was the back half of the Seventh Day Adventist property. You see the church facility here. I believe, I'm not sure it's a daycare I think back in this area. They did not want a road going through their property~ It appears from the current layout, they're proposing some kind of street through to Cloverdale. I think that was in response to Westdale Park subdivision's concerns that all of the traffic for this, I believe it's 115 lots, would be accessing through their subdivision. There is the proposal to - I don't know if it's paved or gravel, or what~ I would be concerned if it were only a gravel road going back to Cloverdale. The applicant's representative has stated that it is paved. They are requesting a zoning of R-8. Westdale Park subdivision is zoned R-8. The Crossroads subdivision, although zoned R-4 when it was approved it was zoned I-L~ The Planning and Zoning staff submitted an application to rezone that to R-4. It doesn't quite meet the requirements of R-4. It is somewhat of a planned development because of the open space in Crossroads Subdivision. They do have frontages as low as 70 feet but all those lots do meet the 8,000 square foot requirement. This is at the very edge of our area of impact. This is the boundary line. North of this, you may recall, Bill Clark came in with a request for a Comprehensive Plan amendment to change that from a single family residence to mixed use. He had requested high density but it was finally decided to be a mixed use. Eventually these accesses will go through that property and get back to the road that comes out on the east side of Wal-Mart. The road between Wal-Mart and the cemetery there. There's a lot of people here to testify tonight I think the applicant has done a good job of trying to work with the neighborhood and trying to allay their fears. I guess we'll hear how well they did, tonight with that. We would recommend approval of this project with all staff and agency conditions and also on the variance to reflect the blocks that are currently shown on this instead of the ones that are noted in the application. Do you have any questions for me? Corrie: Council, any questions? De Weerd: Not at this point~ Corrie: I will pretty soon. Okay, applicant? ( (~. \. Meridian City Council M~ting June 19, 200 I Page 75 Butler: Shari could you put the subdivision back up? Mark Butler 52 North Second Street Eagle, representing the applicant, HillView Development Company. Mr. Mayor, Members of the Council. I'd like to talk a little bit about how we1ve designed the property to be compatible with the adjacent properties~ Also, before going into that, though, I think this is a subdivision that's really good for you to see as compared to a lot of the other ones you've been seeing lately in the fact that this is an in-fill development. Hopefully that will help you in your decision, understanding that we're not going way out to the north, way down to the south. We're filling a hole thafs actually in the city. Shari mentioned the boundary of Boise City is right here. The property to the south is developed with the R-8 standards. It's got an R-8 zone. The property to the west was developed as a PUD has got R-8 standards, lots that don't meet the R-4 standards. The church is to the east. The property to the north could be developedJ the way I understand it, with not only mixed use but that mixed use incorporating approximately 15 dwelling units per acre. I don't know if that's a fact or not. What we've tried.. to is to develop the project so that we have a transition between existing properties~.and what we're doing here. If you look at the number of lots to the south here (inaudible). This particular subdivision here, Westdale, there's 19 lots along the south boundary, our south boundary. We've incorporated 9 lots along the south boundary by designing the subdivision with cui de sacs to the south. As you look at lot sizes, the smallest lot along the south side existing is approximately 8300 square feet. The largest being this, being close to 14,000 square feet. The southern 300 feet or so of our property, our lots vary from, the ones over on the side are about 7,000 square feet. Close to 14,000. The lots that actually bound the property to the south vary from approximately 9,000 square feet to 14,000. So, the number of lots is far less on our side compared to the south and the lot sizes are very similar in size compared to the south. The Planning and Zoning Commission has a condition in the findings that requires us to have single story homes along the west side and single story homes along the south side. Thus, providing a better transition between neighborhoods. This plan is a little bit different in that the original plan that was submitted, and I'm showing this to illustrate our open space areas. We're planning a park in the center of the property. We exceed your 5 percent minimum for open space. We're also planning some common areas along the ends of some of these blocks and at the roadway that connects into Parkdale. There will be meandering sidewalks, in particular areas here along the roadways. Not meandering, excuse me, detached sidewalks in those locations where we're planning the green way. The sidewalk along the park will be attached. Initially we proposed home sizes using your code, varying from the 11 00 square feet to the 1200 and then to the 1300 and larger. Through the process and again, working toward being more compatible with the neighbors we proposed lot sizes along the west side to be that which is the minimum in Crossroads, 1350 square feet. Lot sizes along the south side to be, that which is in the Westdale CC&R requirements minimum, 1500 square feet. The remainder of the subdivision will have lot) excuse me. Did I say lot sizes? I always do that, I'm talking about house sizes. The remainder of the subdivision will have 1301 square foot minimum house size on it Staff had done c.. .. (. ......... . Meridian City Council Meeting June 19, 2001 Page 76 a position statement on some of the issues that were raised in the findings~ I did a position statement, which I have for you. I've got 8 copies. My issues I think are very minor. We're in agreement with staffs position statement except we think a sentence could be added to one to help clarify the conditions and we believe there was a typo on one. I'll hand those to you now and go over those quickly. After going over these I'd like to discuss our primary access, which is a road, that connects to Cloverdale because that was a very important issue to the neighbors. Position statement, the way I read this, is you had modifications you had to fill out a separate piece of paper. So, the first 2 pages basically say see attached~ What's attached is a comment with regard to recommendation No~ 40. What's in the condition in the findings, in the findings it says the churches must be landscaped. I think that was supposed to say the chokers must be landscaped~ We're proposing chokers, which are extended areas of the sidewalk on this particular location on Westdale to help restrict traffic going east and west as much as possible on Westdale~ In talking with Brad, the staff planner, he thought that what the commission wanted was for the south side of our new road that we're planning, for that to all be landscaped. I put a note here, we don't recall any comments from the commission to have us landscape the south side of that road. That's really not within Meridian's jurisdictional authority. That's actually Boise City. We would hope that you wouldn't extend your authority out Boise City and understand that this was just merely a typo. No. 42 was a condition that staff clarified very well with regard to our proposal to barricade this road off during the infrastructure phase of the development. That is the phase where we're installing the waterlines and sewer lines and streets. However I would like to add a sentence to that which says the barricade may be removed for installation of infrastructure within the existing portion of Parkdale Street~ Just to clarify the issue because we will have to put the chokers in for onew We're going to have to go into this roadway to extend the utilities. So, we will have to do some infrastructure in that. We didn't want to be perceived as going against your goals, the conditions were for the development~ Quickly before I touch on the road, which will the last issue. We dealt with staff quite a bit on the variance request with regard to the block length and had really good support as we still do_ With staff understanding it would be inappropriate to stub into the adjacent properties here along the perimeter. We did lengthen these lots in this location here and this location here to narrow this block length and this block length down to 1000. So, if you measure from the right-of-way line to the right~of-way line we thought we were at 1000. So, we would argue that point but since staff is recommending approval anyway and if you're going to approve it, I don't see where it's worth the argument. But we did make a change in that. The last issue is regarding the roadway out to Cloverdale. This will be our primary access. This is not a public roadway. If you had a chance to read the ACHD staff report, it will be open to the publicp However ACHD has not decided whether or not they want that to be right-af-way for a public road. There was a lot of discussion with ACHD. And maybe the better choice for a public road in the fullness of time for it to possibly maybe be up to Fairview. Or, maybe in a little bit different location here or maybe realigned. Their concern for potential problem in the future was .....- :. {" . j. . ~: Meridian City Council Meeting June 19; 200 I Page 77 that this area here in Boise City is planned for up to 18 units per acre. If this was a straight road, it could make it easy for a lot of trips, up to maybe 3000 trips a day to cut through the subdivision to get to the corner once Pine is extended to Eagle Road. The Dakota Company will likely put in some sort of commercial at the corner of Eagle Road and Pine. We have agreed to construct the road prior to the first building permit. ACHD wanted the road constructed prior to the 76th building permit. That's what the policy manual calls out for to meet their goals and objectives. Since the neighbors were concerned, we agreed to construct that road at the very beginning. We had hoped that we bought neighborhood support with all that we've done, but we notice that 15 people would like to testify against. So, that's the next phase of this. That pretty much covers my report on the project. The roadway will be paved to ACHD standards with I believe a 30 foot width, 24 foot width of asphalt. It will be striped9 It will be signed as a road and will be constructed before the first building permit is issued_ That's actually one of the conditions of ACHD. I think you incorporated that, or your commission did into the findings. I'll stand for any questions at this time. Corrie: Council, any questions at this time? Anderson: How wide is that access road going in off Cloverdale? Butler: 24 foot wide paved roadway. Sufficient for 2 lanes of travel. Anderson: Who will maintain that since it's private? Butler: .We will be required to .maintain. We will have to enter into an. agreement with ACHD which is referred to in your findings and that agreement will require us to maintain it. ACHD will maintain it. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Mark, is that the road that comes from north of the church there, that goes into the churches parking lot? Butler: Actually there's a driveway going to the church parking lot. (inaudible) will be somewhat reconstructed. Bird: That's the one you're going to use? Butler: Yeah. We'll have to extend that obviously because it stops at the - Bird: It stops at the end of the parking lot back there? (..... (': ~.. Meridian City Council Meeti~g June 19; 200 I Page 78 -Butler: Yes. If .i-fs ,not the suffic-ient widtht it'll have to be widened and of course it'll have to be striped. (inaudible discussion) Corrie: Okay~ Thank you. Butler: Thank you. (inaudible discussion) Corrie: Okay. Weil, it looks like we're going to be coming back the 27th. If everybody sticks to the 3 minutes we're not going to get through it even at that time. WeIll get started. We'd appreciate it if you keep to the 3 minutes. We'll time you up here~ We'll go until 11 :00. Then if we're not through, then we'll have it the 27th. Okay. First off let me askJ is there anybody here that is here to testify for the subdivision? This is for. (inaudible discussion) Corrie: If you're for the subdivision, not against it (inaudible discussion) Corrie: we've got a whole bunch of them that are against it but I didn't have anybody signed up as for it. Okay. Nobody here that's going to testify that they would like to have the subdivision the way it's been given to us? What is your name? Holly, okay Holly president of Westdale Homeowners. Holly Turney. Turney: My name is Holly Turney and I am the president of Westdale Homeowners Association and I represent the 76 homeowners of Westdale Park minus those here this evening who would wish to testify for themselves. We also have a position statement that I would like to give to you. I also have some diagrams that I will be referring to that I would like to hand out at this time. I will do my best not to take any more time than necessary. As far as the position statement goes, we too had a few comments. As Mr. Butler pointed out, No. 40, we agree should read the chokers must be landscaped. No. 42 we would like it to read something along the lines of the entrance to Macaile Meadows via Parkdale must be barricaded as is practical during the construction phase. So, when they need to un-barricade the road to work on the road and things like that, we would not expect the barricade to remain in place. No. 31, I would like to have in there, coordinate the design of these traffic calming devices or these chokers with Westdale Homeowners Association and design and exact location of traffic calming devices with district traffic services. This is because it may become necessary with these chokers being landscaped that we may have to have individual homeowner agreement to tap into their sprinkler system or line c. . t:.. . { . Meridian City Council Meeting June] 9, 2001 Page 79 somehow to take care of that landscaping appropriately. We had to make an agreement with them that we would maintain those chokers after they put them in. So, we need to have that agreement with homeowners. SOf we would really need to be involved in the design of those and know what they were expecting and what was going to be expected of us. Other than that we have 2 major concerns with the proposed Mcaille Meadows subdivision. These concerns are compatibility with the existing developments in the area and the increased traffic that this subdivision will generate. Now, the Meridian Comprehensive Plan is an official policy guide for decisions to guide future development in the city and itfs area of impact. Goal No.2 of the Comprehensive Plan is to, quote, ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedures governing the use of land, end quote. In the land use section under residential policies, No. 2.3 U, serves to, quote, protect and maintain residential neighborhood property values. Improve each neighborhood's physical condition and enhance it's quality of life for residents, end quote. No. 2.5 U states, quote, encourage compatible in-fill development which will improve existing neighborhoods, end quote. No. 1.13U of the housing section goes on to state, quote, in-filling of random vacant lots in substantially developed single family areas should be considered at densities similar to the surrounding development, end quote. In the case of the proposed subdivision of Mcaille Meadows that surrounding development consists of Crossroads Subdivision to the west, Westdale Park to the south, the Seventh Day Adventist property to the east and vacant land to the north. You can see this relationship on figure 1 of the packet that I handed you. Crossroads is zoned R-4 and contains 260 lots~ It is the largest of the surrounding development being more than 3 times the size of Westdale Park and more than twice the size of the proposed Mcaille Meadows. The Seventh Day Adventist property has the church, the school operated by the church and large field spaces where they allow soccer leagues to play and practice. Westdale Park contains 76 lots and is zoned R-4. However, it was developed in terms of overall lot size and house size more towards R-4 standards than R-8. We therefor feel that to uphold the previously stated policies of the Comprehensive Plan this property should be zoned R-4 thereby requiring any development occurring on the property to be compatible with the surrounding developments and protect the property values of the existing homes within those developments. Inspection of the proposed Mcaille Meadows Preliminary Plat clearly shows this compatibility is lacking with the R-8 zoning the developers are asking for. I now direct your attention to figures 2, 3, and 4 in the exhibit I handed out to you. We have 2 and 3 that are colored and 4 is a chart~ I have figured out the approximate square footage of each of the 115 lots in Mcaille Meadows and the 76 in Westdale. Looking at these figures, you will see that I have categorized lot size in square feet by color and quantified the information according to the number of lots in each category and the percent of the subdivision that category represents~ For example, 6,999 square feet would be colored green. There are 39 of those lots in Mcaille Meadows. It comprises 33~9 percent of the total subdivision. There are zero in Westdale and therefor comprises zero of the total percent of Westdale. Clearly, Mcaille Meadows is not compatible with Westdale Meridian City Council Meeting June 19, 200 I Page 80 in lot size as compatibility would be indicated by the same colors occurring on both figures 2 and 3 with approximately the same frequency~ As you can see, the plat of Mcaille Meadows is predominately red and green. Westdale is not predominately red and green. In fact 1 03, or 89.5 percent of the lots in Mcaille Meadows fall within the first 3 categories, between 6}000 and 8,999 square feet. Westdale by comparison has only 8 lots or 1 0.5 percent in the same categories. A difference of 79 percent. The bulk of Westdale's lots, 71 percent as a matter of fact fall in the 1 0,000 and 11 ,000 and 12,000. Westdale's average lot size is 10,965.09 square feet. 92.1 percent or 106 of the 115 lots of Mcaille Meadows are smaller than that average. Further more the whole of Westdale is approximately 24 acres in size. 76 lots on 24 acres makes the density of homes per acre at 3.168. If Mcaille Meadows were to build at that same density. no more than 91 homes would be built upon the 28.59 that they are proposing. I urge you to take these figures into account in determining whether or not the proposed Mcaille Meadows and R-8 zoning is the best fit for this property and the existing developments around it. The traffic issues that we have had, some of them have been resolved with this direct access now that we have to Cloverdale and we would appreciate that the road to Cloverdale Road act as a public road until the connection to the north is made. We have gathered the required number of signatures on a petition for speed bumps as recommended by Planning and Zoning and I have a copy here. The Homeowners Association would also like to be included in the design of the landscape chokers as I mentioned previously. I'm ready for questions and I thank you for your consideration. Corrie: Do you realize speed bumps, we don't have (inaudible)? Turney: Yes. But Planning and Zoning did have in their recommendations to you that if we gathered 80 percent of the signatures that you request ACHD to put them in, (inaudible). Corrie: (inaudible) Turney: Well, I know that but we did it anyway. Corrie: Just so you know that. They don't always do (inaudible). OkaYt any questions at this point? Bird: I have none Mayor. Corrie: Okay. (inaudible) Linda, Crossroads, is she here? Linda, I'm sorry I won't try to attempt the last names - Marshell: Glenda MarshelL I live 11 08 North Principle Way J Crossroads Subdivision~ I don't have that (inaudible) statistics and facts as she does. I'm just here basically to get my input and my feelings on this subdivision, to make it very \. Meridian City Council Meeting June 19" 2001 Page 81 brief and blunt. We just do not want it. I came here from Portland, brought my kids and the quality of life here was what brought us here- ***End of Side Five*** Marshell: -- everywhere you go there's subdivisions, everywhere~ I understand that's part of growth and we accept that. But, it's become a point to where it's taking over.. I mean you don't have parks anymore. You see a subdivision" It's just disappointing. I would love to see these farmers that sell their property to see something more constructive. This is such a family oriented community and we want to see it stay that way.. I'm just here to say that, you know, granted these developers have tried to work with us but they've also. as the first gal earlier with the Tuscany subdivision stated half truths. A lot of it has been. We have been mislead in a lot of ways~ The church telling us, and it's been in writing, we've had people from day one 2 and a half years ago tell us this church wasn't going to sell this property. It was going to be a low key field, a soccer field or a park. That's what we've all believed from day one. Now to have this bombarded to us, it's very disappointing~ I just hope you will consider strongly our views on this and try to control the growth of Meridian. I appreciate it. Thank you for your time~ Corrie: Thank you. Christy Wentworth? (inaudible discussion) Corrie: Okay, Greg Holman? Holman: Yes. Greg Holman, 992 North Principle Way Crossroads Subdivision~ I moved here about 2 years ago. I did some extensive research before I bought the property. I was one of the last lots that was bought. Made up my final decision, built a nice home, again going with the last testimony. Nothing would be built there, which I was told by many contractors and the church. I wish I had exact names and numbers now. 7 to 1 0 years, (inaudible) probably build something, a low key park. Maybe a housing development for their elders, something to do with the church, very low profile so we could still see the mountains. It looks like we're going to be losing it. We spent extra money on the lots. Also the fence along Principle Way belongs to the property owners now. Are we going to get any rebates for that if this goes through? What are we going to do about our skyline that I paid extra money for? We're losing it and that's our concern. The roads, if you put those roads going up through Wal-Mart --. The traffic is unbearable right now. We cannot afford to put anymore traffic into Fairview. It's a nightmare~ We all have to drive that now~ A good example, try to get out of Crossroads Subdivision in the morning or in the evening off Presidential going out to Eagle, turn left You can't do it. It's impossible. (inaudible) turn right go to a stop and go light, make a few loops around to get going the other way.. The only way out is (inaudible) but (inaudible) does work. That stop and go light, whoever invented that did a good job there. It works for Meridian City Council Meeting June] 9, 200 I Page 82 everybody. I go to work every day. I see at least one accident to 2 accidents every day in front of Wal-Martr people trying to wait to get out to Fairview~ They can't get out so they cheat and they go on and get clobbered every day~ That's alii have to say. Are there any questions? Corrie: Okay, Greg. Any questions? Bird: I have none. Corrie: Thank you Greg. Mary Hopkins? (inaudible discussion) Corrie: I'm sorry. (inaudible discussion) Corrie: Okay. Fred Hodges? (inaudible discussion) Corrie: Okay ~ Maria - (inaudible discussion) Corrie: Okay. Wills, last name Wills? Treasa Connelly Connelly: Members of the City Council, my name's Treasa Connelly. I live at 4177 East Driftwood Drive. I just wanted to reiterate, there's 76 homes on Driftwood Drive with 89 small kids that most of them are elementary age or younger~ My main concern is to keep our subdivision safe for our kids that live and play with their friends in this community. I like to think of our subdivision as a community> We know our people and we like to talk to our neighbors and our kids have a lot of friends. They ride bikes, scooters and are all over the street With this proposed subdivision, I foresee additional cars that are not needed at this time. I was sitting here thinking what would be a good thing? It's kind of like putting a foot in a shoe that's too small. If Pine Street was extended, if Cloverdale Road was adequate to handle the additional traffic. Also with Fairview Avenue. If the surrounding area was capable of having the additional homes I wouldn't be so opposed to this subdivision right now. But, I am because of the inadequate structures. If this subdivision is approved I would like to request that the developers be required to put a sign up that says no dogs, no alcohol, no loud music at cetera to keep our neighborhood and our subdivision a nice quiet peaceful place with a lot of kids laughing and yelling. I don't want to see stray dogs running through~ I don't want to see garbage. I don't want to see a bunch of construction workers coming in with alcohol and music which is what I saw when Meridian City Council Meeting June 19,2001 Page 83 /:" " (:" "" \"""" "" /~-:-" t,::. the school was built. You know, we had to deal with that. Several times I called the school to tell them, you know control your people. I just would really like you guys to really consider this area to help keep us safe and to help keep our kids safe~ Thanks~ Corrie: Thank you. Joan VanAnberg. VanAnberg: I'm Joan VanAnberg and I live at 1068 North Principle in the Crossroads Subdivision. I am in total agreement with the Greg Holman with what he said. Because many of us who live back there did pay extra because we had a view. We were told by the church that there would be nothing built behind us for 7 to 10 years. My other concern is traffic problems~ If you've ever tried to get out onto, down Fairview to make a right turn on Cloverdale in the morning or in the evening, it's virtually impossible because the traffic is backed up in both directions~ Also the impact that it's going to have on the fire and police department because right now, we are in dire need of more officers and firemen and it was voted down. So, I'm just curious about what the impact would have on that. That's about all I have to say. Corrie: Okay. Thank you Joan. It's 11 :00 rather than break up a family clan, in case you have to come back and she wouldn't have to-we don't want to start a family fight so I'll have you (inaudible) the last one. If you'd like? (inaudible discussion) Corrie: She said it? Okay. Well, we've got 1, 2J3 4, 5 more. IS the Council ready to make a decision tonight you think? Bird: Let's (inaudible) Corrie: Okay. Bird: We'll be here another 2 hours. Corrie: I was going to say the 27th we'll continue this because I don't think it would be fair to you or to the developer to make a decision tonight based on - not everybody's been heard. Yes, Ma'am? (inaudible discussion) Corrie: If you've got something different to say. Otherwise, it's on the record. We've got it. We'll have it there~ (inaudible discussion) Meridian City Council Meeting June 19, 2001 Page 84 Corrie: If you have something different, yeah. It would be the same thing. At this point then I will ask the Council to continue this Public Hearing until the 27th of this next week. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we continue the Public Hearing for the request for annexation and zoning of 28.59 acres from RUT to R-8 for proposed Mcaille Meadows subdivision by HillView land development LLC. until June 27, 2001. De Weerd: Second. Corrie: Motion been made and second to continue the Public Hearings on the Mcaille Meadows subdivision until June the 27th at 6:30 in the evening. (inaudible discussion) Corrie: Well, we (inaudible)~ Is there any comment? All in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: I cut myself off. Anderson: You did, used up your time. Corrie: All right, I used up my time~ Okay then we will have that meeting next Wednesday night. Bird: That also included the other 2 Public Hearings? You had put them all together? Corrie: All together, yes. Item 26. FP 01-010 Request for Final Plat approval of 16 building lots and 4 other lots on 5.17 acres in an R-4 zone for Devlin Place Subdivision No.2 by J-U-B Engineers, Inc. - north of Cherry Lane and south of Devlin No.1: Corrie: Final plat approval of 16 building lots and 4 other lots on Devlin Place Subdivision No.2 by JUB Engineers north of Cherry Lane and south of Devlin Place No. 14 Council, you have the request for final plat (inaudible) staff comment on the Devlin Place then we'll have the department reports. ;co.. . i ~\. Meridian City Council Meeting June 19~ 200 I Page 85 / (inaudible discussion) Corrie: Shari, on Devlin placeJ comment? Stiles: Mr~ Mayor and Council. This is on property that was previously approved for an assisted living, Alzheimer's care facility. It was known as Prestige Care_ The developer has since rezoned the property back to an R-4 for this area here for Devlin Place subdivision. The property adjacent to Cherry Lane still remains zoned L-O. We will probably see an application before too long on the remainder of that property. We would recommend approval of the Final Plat with all staff and agency conditions. Corrie: Okay. Council do you have any questions about plat approval? Bird: Cherie you get to make the motion. McCandless: I do? Bird: Yes. McCandless: Okay~ I move that we approve the Final Plat of 16 building lots and 4 other lots on 5.17 acres in an R-4 zone for Devlin Place subdivision No.2 by JUS Engineers and have the Attorney draw up the appropriate papers~ Bird: I'll second it. Corrie: Now that we have Mr. Anderson back, the motion was to approve the request for Final Plat Devlin Place and have the attorney draw up the findings and facts on that. Is there any further discussion? Bird: I have none. Corrie: Hearing none, roll call vote Mr. Berg. Roll-call: De Weerd, aye; Anderson, aye; McCandless, aye; Bird, aye. MOTION CARRIED: THREE AYES, ONE ABSENT Item 27. Water, Sewer and Trash Delinquencies: Corrie: Delinquency turn off schedule for 6-21. This is to inform you in writing that if you choose to have the right to a predetermined hearing on Tuesday June 19th before the Mayor and City Council to appear in person to be judged on the facts to defend the claim made by the city that your water, sewer and trash bill is delinquent. You may retain counsel. The service will be discontinued on June 20, 2001 unless payment is received in full. Is there anyone present who wishes to ~/. \ Meridian City Council Meeting June 19, 200 I Page 86 contest his or her water, sewer and trash delinquency. Let the record show mine's not on there. Bird: Mine either, I don't think. Corrie: You are hereby informed that you may appeal to have the city reviewed by the Fourth Judicial Court pursuant to Idaho State code. Even though you do appeal your water will be shut off. The amount of the turn off list is $30,660.34. Any discussion on the water turnoff? Smith: Mr. Mayor. Corrie: Yes sir. Smith: The water superintendent has asked if we could also have June 27th as a turn off date if needed. Corrie: And June the 20th? Bird: Yeah. Smith: And June 20th. June 20th and 27th, if needed on the 27th~ Thank you. Bird: Mr. Mayor, while you're on this. There's 2 things I've got to ask you. One thing is why are our bills coming out on the 7th and you're late if you don't pay them by the 11th? It's happened this month. I didn't mind the 2 phone calls I got at work but I did when I got home from the wife. She's wanting to know, so IJm asking. Also I had a couple of retired people call and ask why we can't direct pay from their bank, if that's possible. I told them I'd get back to them and find out. Corrie: We can if the Council so desires to do it. We'll get the information on it. Nichols: Mr. Mayor, Members of the Council. The problem with the easy pay, is it needs to be a set amount each month. (inaudible discussion) Nichols: Well, that's the problem_ That's what the bank will require. That's why you can have money taken out of your checking account for a certain amount. It's a fixed fee every month and it doesn't fluctuate.. Unless you've got a water and sewer bill that doesn't fluctuate that easy pay type automatic deduction doesn't work. (inaudible discussion) Bird: Garyt -- Meridian City Council Meeting June 19) 200 I Page 87 ,.... . ( .. f... . ~:"'..::. . Smith: Mr. Mayor. I think we might be talking about 2 different things. What Bill is talking about is what's called a level pay, which establishes an amount that you pay each month throughout the year similar to what the gas company has. The request that Councilman Bird has received is an automatic withdrawal from a checking account, is that correct? Bird: Yeah~ That's what this gentleman - and he said he'd done it before. Smith: SOl regardless of what your bill is, the amount of the bill is transmitted from City Hall to your bank and it's automatically deducted from your checking account. Bird: Yeah. Idaho Power does it. That's what he was saying. When they travel, at least the retired people were having problems. Smith: Leslie has done some investigation into that because I think she's been asked that question before. I'm sorry to say I don't have information in my memory bank as to what she found out I'll certainly get that for you and present it to you so that you can perhaps make a decision on how you want to proceed with that. Bird: I think if it's practical to do and other agencies are doing it~ I think it's something that we should offer too because some of these people go out for a month or 2 months and find out theyfre delinquent or their water's been shut off. Smith: Right. Bird: I think that we need to do that. Also, 4 days from the time you receive your bill until you're delinquent is not right. McCandless: No, it isn't~ Bird: We either get our bills out earlier - Smith: Weill I don't understand that- Corrie: I don't either because the cut off date's shown here is on 4-30-2001 and this is the June 20th and 27th. (inaudible)~ I (inaudible) and it wasn't on it. Bird: Was yours the 7th? Did you get your bill the 7th and was it delinquent the 11 th? Smith: No. Mine wasn't. Bird: Mine was. Meridian City Council Meeting June 19, 2001 Page 88 Smith: If there's an amount thafs not paid from the previous month, it'll show up on a delinquent amount on the bill that you get for this month. Butt if the previous bill has been paid there shouldn't be anything showing up as delinquent on- Bird: No, it donJt say delinquent~ I mean it doesn't show a delinquent It says if not paid - you get it on the 7tn if not paid by the 11th you're delinquent Now, we got one at 1022 West State. Ours said the same thing and we had no delinquency and 2 elderly people called me and had the same complaint~ That they received it on the. 7th which was a Thursday if I remember right and it was delinquent as of the 11th. McCandless: Mine says the 16th. Bird: These said the 11 th. McCandless: If it's not paid by the 16th it's delinquent. Bird: It said by the 11th on these& McCandless: These are not even consistent. Bird: Our billing thing has got to be- Corrie: Gary,-... Smith: I'll fi nd out. Corrie: -- we better sit down and figure out what it is. Because anybody showing on this delinquent list hasn't paidJ usually for 30 days. Maybe something's in the verbiage that may be wrong& But, looking at this, everybody is at least 2 months behind4 Bird: I didn't look at mine. I just took my wife's word for it Corrie: Well, I would too, if I were you. Okay. Well, weIll find out about it then. I'll entertain a motion then for the delinquency turn off schedule and then for June 20th and 27th if need be~ Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we approve the delinquency schedule and have the turn off dates at June 20, 2001 and June 27,2001. Meridian City Council Meeting June 19~ ZOO I Page 89 Anderson: Second. Corrie: Okay. Motion made and second. All in favor say aye. MOTION CARRIED: ALL AYES Item 4. Department Reports: Public Works Department - Gary Smith A. 1 ~ Wastewater Treatment Plant Water Line Project - Change Order No.1: Corrie: Gary, department reports. Smith: Thank you Mr. Mayor. rm going to have Brad Watson run through these department reports for the public works department Corrie: Sorry} they can't do it if it says you on there. (inaudible discussion) Bird: It's kind of late for you DAVs isn't it? (inaudible discussion) Bird: They know what that means. Watson: Can you repeat it for the record. Thank you Mayor and Council. I'll try to run through these fairly quickly. At least the first couple~ Item No~ 1 is the wastewater treatment plant waterline project change order No~ 1. The net increase on th is is $2, 913 ~ 71 to increase the total contract to $ 70, 607 ~ 71. If there are any questions I would recommend that Council approve change order No.1 in that amount and authorize the Mayor to sign and the clerk to attest_ Corrie: Okay. Any discussion? Anderson: I have none. Bird: Mr. Mayor.. I move that we approve change order NO.1 for the wastewater treatment plant waterline project in the amount of $2913. 71 and authorize the Mayor to sign and the city clerk to attest and I believe that was Hemminger Construction. Is that right? Watson: Herminger Construction. (, .. (^.:.~H. . Meridian City Council Meeting June 19, 2001 Page 90 Bird: Herminger Construction. Corrie: Motion been made to order No.1 change in the wastewater treatment plant waterline project. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES 2. Agreement for Roadway ConstructionlWater and Sewer Improvements - Locust Grove Road, Fairview to Ustick: Watson: Thank you. Item No. 2 is a cooperative agreement for roadway construction with water and sewer improvements on Locust Grove Road, Fairview Avenue to Ustick Road. Hopefully, you've read through that. Basically, we're doing the same thing we did on the Franklin and Meridian Road rebuild a couple years ago, finishing out some water and sewer in conjunction with ACHD's road improvements. We've hired the same consultant that ACHD is using. This agreement simply reimburses ACHD for their contract administration, some field testing and some of those cost. What they have given me so far is a maximum of $6,000. I've requested verification on both that amount and the total admin cost from ACHD. I haven't received that back from them yet I think 6,000 is probably a low number if anything. If it does come back higher, we'll have to come back and talk to you about that~ This is what I've got right now. They're trying to get this bid out and they need to run this through their commission too. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Brad, this is just not to exceed, if you think it's going to go over 6, do you want to move it up to an 8 or a 10, not to exceed? That way the Mayor can sign in and then if it's 6 or under, we're great But if it's over you donJt have to waste 2 weeks coming back to see us. Watson: Councilman Bird, Mayor and CounciL I really don't have any feel for what it could be. I just haven't gotten very good information other than the $6,000 figure that was given to me 3 weeks ago. Bird: But when you put out a not to exceed, you know, you're just setting a limit there. So, if it comes in at $6,005, if we pass $6,000 the Mayor canrt allow it. You'd have to come back. You'd to have to wait the 2 weeks to come back before us. If we raise it to 8 or 10, even if they'll come in at 6,000, it would still be good. Meridian City Council Meeting June 19~ 2001 Page 91 Watson: Councilman Bird, Mayor and Council. If you're comfortable doing thatl I have no problem. Bird: I have no problem there. Do you Ron? Mayor, do you have any problem with that? Cherie? With that I would make a motion that we accept the agreement for roadway construction, sewer and water line improvements with Ada County Highway District for construction contract administration in the amount not to exceed $10,000 and authorize the Mayor to sign and the city clerk to attest. Anderson: Second. Corrie: Motion been made and second to approve the agreement for roadway construction of water and sewer improvements not to exceed $10,000. Further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES 3. Biosolids Dewatering Facility - Increase to Carolla Engineers' Professional Services Agreement: Watson: Thank you" Item No.3 is an increase to Carolla Engineers' Professional Services Agreement for the biosolids dewatering facility at the wastewater plant. The memo outlines some of the causes in the increase in their budget I had, when the project began, knocked them around pretty hard on getting this cost down. As it turned out, some of the things that happened on a related project out there and just the normal course of getting this thing done has caused some increases in their required time spent The total increase they're requesting is $7100 which would increase the contract amount for this task to $52,424~ Unless you have questions we would recommend approving the agreement amendment with Carolla Engineers for $45t324 to $52,424.Are there any questions? Bird: I have none. Corrie: I'll entertain a motion. Bird; Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we approve the agreement amendment with Carolla Engineers for the biosolids dewatering facility, increasing the construction service task order amount from $45324 to $52424 and authorize the Mayor to sign and the city clerk to attest. McCandless: Second. (. Meridian City Council Meeting June 19, 200 I Page 92 Corrie: Motion made and second to approve the Carolla Engineers Professional Services Agreement in the stated motion. Any further discussion? All those in favor of the motion say aye~ MOTION CARRIED: ALL AYES 4. Standby Generators at Wells No. 17 and No. 19 - Lease Agreement: 5. Diesel Delivery and Storage Trailer Unit - Lease Agreement: Watson: Thank you Mayor and Council. Items 4 and 5 are somewhat related. 5 is something you've seen before~ It's the lease agreement for standby generators at wells No. 17 and 19. At the May18th meeting we had discussed and you had asked us to gather some more information.. One was to see if we can get a month by month lease amount from Western States for the generators and also to talk with Idaho Power as to the likelihood of power outages. You can see from the memo that Western States did offer a modified lease price. Although, not very much lower than what they had originally quoted if you calculate it out.. Gary Smith has spoken with Arden Davis of Idaho Power. To my knowledge has not received any written information from him as was requested. Smith: Mayor and CounciL I talked to Arden and he was going to send some information to me. I did not receive anything from him. Watson: the front page of the Valley News, I noticed tonight says Lane Dobson says they expect no power outages. I don't know anymore than that. I talked with the water department, Rick Clinton today. I guess it's our thought that this is a safety valve.. It's an expensive safety valve~ Corrie: They said that to me too.. There wasn't going to be blackouts~ Bird: Mr. Mayor. I think, how readily available are these generators and stuff? I mean it's about a $10,000 insurance policy but if something happens, we'll be happy to have that $10,000 insurance policy. (inaudible discussion) Watson: Councilman Bird, Mayor and Council. First of all, if we went July 1 st through September, the total cost for the 2 generators would be $13,800. The second part as to availability~ They are available but the ones that we want have to be modified to plug into the receptacles that we have at the well sites. They don't come with our specific receptacle. Everyone's a little different. The ones that we requested quotes to include a cost for, they call it I don't know. It's a technical term. It's a pig tail that they have to actually order and put on. It's not ( Meridian City Council Meeting June 19) 200 I Page 93 like if a power outage happens at 12:00 we could go get one and have it plugged in by 4:00. It's a couple day thing from what I understand. Corrie: They wouldn't anticipate a power outage more than about 3 hours (inaudible) . Bird: What would that do to us and our water? Watson: We have 4 wells somewhat evenly distributed around the city including the new reservoir site that has a generator. The question is not whether there'll be water it's a pressure question, whether we can provide the pressure (inaudible). We are updating the computer model. Until that's done this fall, I don't know that we can run those modeling (inaudible) very accurately with the (i naud ible ). Anderson: Brad, that 131000 is only part of the cost because then this diesel delivery is the other part of the cost too. Bird: Oht yeah. (inaudible). Corrie: (inaudible) Watson: If we dontt use the fuel, they'll buy it back. We just have the truck rentaL Correct. Mayor and Council one other item that I just learned this afternoon talking to the assistant Superintendent of Nampa Meridian, they have reduced their water flows to 60 percent, right now, today. They've cut them back to 60 percent of what they had yesterday in the ditches. The assistant Superintendent wasf he said it was probably unlikely they would go beyond September 1st with irrigation water. In that regard, we're going to be looking at an additional demand on the water system in the month of September for irrigation~ (inaudible discussion) Bird: You didn't need a decision tonight did you, Gary or Brad? Watson: Councilman Bird. The quotes on the generators were open for 30 days which expired yesterday. I did make contact with Western States and he's working with us. He says they're still there. I told him I was bringing it to Council tonight. He did ask if there would be a decision and I said that I would give him a yes or a no one way or another tomorrow. It's not that he will give them away. It's just that he can now. The diesel fuel thing, I don't know that there's any immediate need to decide on that. Councilman Anderson was right. The total cost for the program I've outlined here would be 25,250 for the 3 month period. Corrie: Okay. If you want to make a decision now- Meridian City Council Meeting June 19~ 2001 Page 94 (... . ...... .~.. ('. . Bird: Let's go ahead. Anderson: I'm ready. I guess I appreciate the work you did but I have to rely a lot on what Idaho Power is telling us. I just don't feel that there's that much urgency. I think what I'm hearing, what I'm seeing in the news and everything else is that people are being more power conscience now and they're scaling back and Idaho Power is indicating that they think they're going to be okay at this point. If we had information to contradict that then I would say yeah, we ought to do this_ At this point I think it's $25,000 of taxpayers money that we could save for another project Corrie: They've been telling me they1re not going to have it Bird: While we're talking about energy, I think the city needs to get an energy program. I don't know if you have to have your computers on all the time~ Very rarely is a computer turned off in this city. I don1t know why they have to be on~ They suck up a lot of power. I know we turn all of ours off. (inaudible) as much as Tammy wanted me to bring it up. I think Mayor you need. to talk to them about turning off the computers at night. (inaudible). Corrie: You have to have them on. You can turn them off at the base (inaudible). There's a possibility that (inaudible) people that come in and do the audit for us. Then we can get a loan and maybe it wouldn't cost us anythinQ_ The Treasure Valley Partnership that would go through the new police station and do the wastewater treatment plant and the whole thing~ I know that, where was it, Weiser, or one of those, They saved $35.000 just in the wastewater plant. So, I talked to Kent Baker and we can get them and it can get be paid for by the Treasure Valley Partnership grants and it can save us quite a bit of time too_ (inaudible) on the whole city. I've been working on a possible plan that I'm going to show you probably this week to ask that they turn the lights off and the computers off and save what (inaudible). Every little bit helps. You'll be getting it probably Friday or so. Watson: Mayor and CounciL I have instructed my departments to shut their computers off at night. We're doing that. We're making sure that when we're leaving the office, we're turning our lights off and trying to do a little bit to conserve power. It's like Councilman Anderson said on this proposal tonight that that is 25, $26,000 that can be spent on a project. The information that we have been able to get is certainly not conclusive that there's going to be a problem. Councilman Anderson is really close to that I'm sure because of the emergency service that he's dealing with~ Mayor Corrie is getting that same information from Idaho Power. I didn't get any real good conclusive evidence from Arden Davis. I guess it's not a real - there isn't any real concrete information to support the request. I guess maybe there's some concerns that we're picking up from neighboring states, particularly California. With the summertime temperatures, . . r:.. . \:.... (.n. Meridian City Council Meeting June 19, 200 1 Page 95 with the increased amount on our water system) itts like an insurance policy I guess. You never know. Corrie: You won't die and they're betting they do. (inaudible discussion) Bird: If we don't do it, it'll go. If we did it, it wouldn't go. Corrie: Okay~ Just let it ride? Bird: Yeah. Weil, I don't know. Cherie, what do you want? McCandless: I don't know. I kind of agree with Ron. (inaudible discussion) McCandless: I had trouble saying that, you understand? (inaudible discussion) Corrie: Okay. Bird: Okay~ Mr. Mayor. I'd move that we adjourn. Corrie: OkaYJ hear a second? Anderson: Second. Corrie: We adjourned at 11 :30 P~M. MEETING ADJOURNED AT 11 :30 PKM. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: T D. CORRIE, M~~,nt,~ . ~1~\\!olt~~IJ~~J1 . 'tAd' ~~. flllt~.h~~.r: "t,~ ~ .cd .VJ ~~iJl~;"~ ~,p~. ~~.~,It., ~~ ~\r~~~ ~ ,.,,-' _ t")<<& ." ~1o '~~ k. v- ~., ~ v ~ t:. .. ( ~~.. ~ ~ i .". .. 1 ~ - '. . BB!1L . ~ WilliAM G. BERG, JR., = . ~ % -:. 1'! C~~ (;: ..,.. · .., 1"'5S ~ .. -. "~:l ~~~. ~ ~ . ~.~ , ~ _..J ..0 ~ ~ "1"A. ~1t5-:r 1~. , ~W ~~"$t. ~ ..... '\.. l-"-: :.... I ....;-- - ~ b~~ . 11..... .. ;- 4t:' ~,~."",. ~n:~ ~V~ ~~. , I {A.:s.. ~ ~~,I" ':\~ 'I f,., ~'.!. :~~:~ ::~ i.:~:~:~~~~~; ~ .~ ~:'~ ~~;~\ , \... NOTICE AND PUBLISHED SUl\1l\.1ARY OR ORDINANCE PURSUANT TO I.C. I 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 01~919 PROVIDING FOR AMENDMENTS TO TITLE 121 CHAPfER 6, PLANNED DEVELOPMENT, AND TITLE 11, CHAPfER 7, CONDmONAL USES, OF TIlE MERIDIAN CITY CODE, ALONG WITH RELATED CHANGES OF TIlE MERIDIAN CITY CODE An Ordinance of the City of Meridian amending Section 2 of Title 11 Chapter 2 Definitions to add the following definitions: Allowed Uses, Parks, Public and Private,.Special Use, and to delete the following definitions: Planned Commercial Development (PO-C)., Planned General Development (PD-G), Planned Industrial Development (PD-I), Planned Residential Development (PD-R), and revising the following definitions: Conditional Use Permit}' Permitted Use, Planned Development (PD), Street, Urban System D.., Yard; and amending subsection E.3" of section 3 Chapter 3 of Title 11 to add and delete language; and amending section 3 of Chapter 4 of Title 11 Use And Bulk Regulations to delete language in 11-4-3 A and to add a new subparagraph C to 11-4-3 on Exceptions in Planned Development; and amending section 2 of Chapter 7 of Title 11.1 Zoning Districts to add and delete language, and amending section 1 of Chapter 8 of Title 11, Zoning Schedule Of Use Control, Land Uses and Commercial, to add the land use of Parks, Public and Private Planned development and delete language therein" and to add the commercial use of Parks, Public and Private Planned Development, and delete language therein; and to add the industrial use of Parks, Public and Private Planned Development and delete language therein; and amending Title 12 Chapter 6 relating to Planned Development providing for headings of Purpose, Planned Development Standards, Use Exceptions, Residential Uses, Planned Developments In Old Town... Developer Incentives And Benefits, Application Procedure, and Term Of Permits, and amending Title 11 Chapter 7 relating to Conditional Uses providing for headings of General, Contents Of Conditional Use Application, General Standards Applicable To All Conditional Uses, Supplementary Conditions And Safeguards, Procedure For Hearing And Notice, Action By The Commission... Appeal of Commission Action, Action By The Council, Appeal Of Council Action, Transfers & Modifications, and Revocation; providing for effect of invalidityi providing a saving clause and providing that all ordinances and resolutions in conflict are repealed and rescinded; and providing an effective date. City of Meridian - Mayor an City By: William G~ Berg, Jr., City Clerk ( CITY OF MERIDIAN ORDINANCE NO. tJ / -- q I q BY: ~elwlh (j,.jr-L Revised C/C 6/27/01 AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING SECTION 2 DEFINITIONS OF CHAPTER 2 OF TITLE II PROVIDING FOR ADDITIONAL DEFINITIONS, DELETION OF DEFINITIONS AND REVISING DEFINTIONS, AND AMENDING SUBSECTION E.3. OF SECTION 3 OF CHAPTER 3 TITLE II TO ADD ADDITIONAL LANGUAGE AND DELETE LANGUAGE; AND AMENDING SECTION 3 OF CHAPTER 4 OF TITLE TO DELETE LANGUAGE AND ADD A NEW SUBPARAGRAPH C.; AND AMENDING SECTION 2 OF CHAPTER 7 OF TITLE II TO ADD LANGUAGE AND DELETE LANGUAGE; AND AMENDING SUBSECTION B.7. OF SECTION 5 OF CHAPTER 13 OF TITLE 11 TO ADD LANGUAGE AND DELETE LANGUAGE; AND AMENDING SECTION I OF CHAPTER 8 OF TITLE II OF THE ZONING SCHEDULE OF USE CONTROL TO ADD DEFINITIONS AND DELETE DEFINITIONS; AND REPEALING CHAPTER I 7 OF TITLE II "CONDITIONAL USES" ZONING REGULATIONS AND CHAPTER 6 OF TITLE 12 "PLANNED DEVELOPMENT" SUBDIVISION AND DEVELOPMENT OF THE MERIDIAN CITY CODE; PROVIDING FOR CONFLICTS TO BE REPEALED, RESCINDED AND ANNULLED; PROVIDING VALIDITY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE~ BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1: That Sectioll 2 of Chapter 2 of Title II Definitions, be, al1d the sal11e is l1ereby amel1ded by addillg additiol1al defil1itiollS, deletiol1 of defi11itions al1d revisi11g defillitio11S, a11d tIle saIne shall read as follows: ACCESSORY USE OR STRUCTURE: A use or structllre 011 tIle saIne lot with, a11d of a l1ature custolnarily i11cid.ental and subordillate to, tl1e prillcipal use or strtlcture. An accessory use or strllcttlre does 110t alter t11e essel1tial characteristics of t11e pri11cipal perlnitted use al1d does 110t illclllde a bllilding which is defil1ed herein as a " d welli11g Ulli tn. ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" IlliPEALIN G CHAPTERS 1 7 OF TITLE 1 J AND CHAPTER 6 OF TITLE 12 I ( ADMINISTRATOR: A designated member of the City staff who is appoil1ted by the Mayor, and confirlned by the COUI1Cil, to administer this Title. AESTHETIC: Those qualities of a development or natural feature which . contribute to a pleasal1t el1vironlnent. AGRICULTURE: The use of la11d for farlning, dairying, pasturage, agriculture, horticulttlre, floricultllre, viticulttlre, anill1al and poultry husballdry and the l1ecessary accessory uses for paclang, treating or stori11g t11e produce, provided, however, that: A~ The operation of allY SUcll accessory uses shall be secondary to that of 110rlnal agricultural activities; al1d B~ The above uses shall not i11clude the feeding or sheltering of al1irnals or poultry in penned enclosures within one hundred feet (I OOJ) of allY residential zOlling district. Agriculture does not include tIle operation or lnaintenance of a COlnlnercial stocl<yard or feed yard where large llulnbers of livestocl< are fed conce11trated feeds, particularly for the purpose of fatte11ing for Inarl(et~ ALLEY: A public or private way with all ilnproved driving surface of 110t less than sixteen feet (16') 110r lTIOre thaI1 twel1ty feet (20') wide and with a. platted width 110t wider tl1an l1ecessary to accol111nodate said driving surface, drai11age, utilities, fencil1g al1d appurtel1ant facilities, affording only secolldary Ineans of access to abutting property at tIle baclc or side of a property. ALLOWED USES: SaIne as Upermitted use". AMENITY: Attractive, pleasa11t or agreeable qualities associated with the design of a developlnent or buildings a11d equipme.nt. APARTMENT: A rOOln or suite of raDIllS in a multiple-family structure which is arranged, designed or used as a single housel<eepil1g unit and has cOlnplete and perlnanently installed Idtchen and bathroom facilities. ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS I 7 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 2 (~ \ ( APARTMENT HOUSE: Any building, or portion thereof, which is designed, built, rellted, leased, let or hired out to be occupied as the home or residence of three (3) or lTIOre families living independently of each other and doing their own coolcillg in said building. APPEAL: A request for a rehearing or reconsideration or a request to a higher authority for a change of the decision 011 tIle application, usually because said application has been denied or approved with the conditions by the Administrator, COlnn1ission or COUI1Cil. This Title sets forth the procedure which lTIUSt be followed in the filing of an appeal. A tilne element is stated, and the applicant must ta!<e action within this period. An appeallTIUst also be filed on appropriate fOrlTIS which have been adopted pursuant to this Title. APPLICANT: Any person initiatillg an application for subdividing or developlnent of land for the buildillg or Inodification of any improvelnent on land. Applicant also il1cludes any person submitting a request for rezone, conditiol1al use, accessory use, all11exation, or request to be allowed to lna!ce a11Y application authorized under this Title. APPLICATION: Proposals which are il1itiated by a perso11 to tIle COlnlnissio11 alld Council for consideration. An application shall il1clude, but not be lilnited to, zoning amendlnel1ts, COl1ditiol1al use perlnits, variances, preliluinary developlnel1t plans or plats, final develoPlnent plans or plats) appeals, certificates of zoning cOlnpliance, certificates of occupancy and al1nexatioll. ARCHITECT: A persoll who is qualified by reaSOl1 of his lmowledge of mathelnatics, the arts, the physical sciel1ces al1d the principals of architecture acquired by professional education and experience, to engage in the practice of architecture, Idaho Code sectiol1 54-301. The desigl1ation given to tIle specific requiremellts set forth in a zone or district by the ZOllil1g Ordillallce text. Area requirements refer to the numberical stal1dards established for a lot al1d building coverage in a particular district. AREA REQUIREMENT: ZONING REGULATIONS uCONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS I 7 OF TITLE II AND CHAPTER 6 OF TITLE 12 3 (-:. AREAWIDE WASTE TREATMENT MANAGEMENT PLAN (208 PLAN): AUTOMOBLE WRECICING YARD: AUTOMOTIVE REPAIR: BABYSITTIN G: BASEMENT: BLOCI(: BOARDING OR LODGING Section 208 of the Federal Water Pollution Control Act Amendmellts of 1972 calls for a rational program for cleaner water by 1983. The 208 Plan, l<I1own as the" 1977 Ada/Canyon Areawide Waste Treatment Managelne11t Plan" , requires the developmel1t of water quaJity solutions by State and local levels of goverl1ment. Prelnises on which two (2) or lTIOre currently 110111icensed motor vehicles or two (2) or lnore Motor vel1icles 110t in operating C011ditioll are stal1ding lTIOre than thirty (30) days and are dislnantled or stored. UMotor vehicles" includes also Inobile hOInes, trailers or trucl<.s. Fully enclosed buildings are exelnpt from tllis definition. The repair, rebuilding or reconditioning of motor vehicles or parts tllereof, incltlding collision service, paintil1g and stealll cleaning of vellicles. The act of caril1g for children for COl1sideratio11 while the parents or usual guardial1s are absent~ If it is perforlned in the child's own home or all the children are brothers and sisters of each other, this definition sllall not be restricted as to the number of children. If it is perforlned in the babysitter's hOlne for childrel1 who are not all brothers and sisters, this definitio11 of babysitti11g sllall be restricted to three (3) children 110t any of which are related as brothers or sisters. Babysitting is further defined as bei11g perforlned 011 a sporadic basis and 110t on a11 every weelcday basis~ It is not to be COllfused with daycare or the definition of a childcare facili ty . A POrtiOll of a buildi11g all or partly ul1dergroul1d but having at least olle-half (1/2) of its height below the average level of t11e adjoinillg ground. A group of lots, tracts or parcels within well-defined boundaries, usually streets. A buildil1g (other thaIl a hotel, Inotel or restaurallt) ZONING REGULATIONS "CONDITIONAL USESn AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 4 HOUSE: BUFFER STRIP OR ZONE: BUILDING: BUILDING, ACCESSORY: BUILDING) EXISTING: BUILDING, HEIGHT: BUILDING, NONCONFORMING: BUILDING, PRINCIPAL: BUILDING SETBACI( LINE: where meals and/or lodging are provided for compensation to tllree (3 ) or Inore persons who are not members of the householder1s family. .All area established to protect one type of land use frOlTI possible undesirable characteristics of allother, as between industrial a11d residential zones. The lTIOre intensive utilization of lal1d to provide screel1ing froIll that of the less intensive. Any structure securely fixed to tIle la11d, and whicll is designed or illtel1ded for the shelter, enclosure or protection of persons, anilnals, chattels or property of a"ny land. A Sllbordil1ate building detached froIn, but located 011 the same lot as the principal building, the use of which is incidental and accessory to that of the lnain building or use. (For illustration, see 11-20-1 of this Title~) A building erected prior to tIle effective date of this Title or 011e for which a legal building perluit has beell issued as of the effective date of this Title's initial adoption on April 2, 1984. The vertical distance lneasured froIn the average elevatio11 of the proposed fillislled grade at the frollt of the buildillg to the highest point of tIle roof for flat roofs, to the declc line of lnallsard roofs, and the top of buildil1g walls for gable, hip and gambrel roofs. Any buildi11g which does not cOnfOrlTI to the requirelnents of this Title. A building ill whicl1 is conducted tile Inain or pril1cipal use of the lot on which said building is situated. Every dwelling il1 any R District is a pril1cipal bltilding. (For illustration, see Section 11-20-1 of this Title.) AIl ill1aginary line established by this Title tl1at requires all buildings to be set bacl( froln lot lines. (For illustration, see Sectiol1 11-20-1 of this Title.) ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT uPLANNED DEVELOPMENT" REPEALING CHAPTERS I 7 OF TITLE II AND CHAPTER 6 OF TITLE 12 5 / ( BUILDING SITE: All area proposed or provided and improved by grading, fillillg, excavation or other means for erecting pads for buildings. B ULI(: A term used to describe the size and relationships of btlildings and other structures, spaces, streets and parlcing and overall land area. CARPORT: A covered shelter for 110 lTIOre thal1 three (3) autolnobiles open 011 two (2) or lnore sides. CEMETERY: Lalld llsed or intended to be used for the burial of the huma11 or allilnal dead and dedicated for purposes, including crelnatories, mausoleums al1d lTIortuaries if operated in connection with and within the boundaries of such celuetery for Wl1ich perpetual care and Inai11te11ance is provided4 CERTIFICATE OF OCCUPANCY: A certificate which is issued by the Building Inspector to i11dicate that, after constructioll of the buildi11g l1as been cOlnpleted, or a use in an existing building has been changed, the purpose for which the building was constructed or changed is capable of being carried out in accordance with the terms of this Title 4 A structure canl10t be occupied until a certificate of occupancy and license have been issued4 CHILD CARE FACILITY: AllY hOlTIe, structure, or place where nonluedical care1 protectio11, or supervision is regularly provided to childrel1 Ul1d.er fourteell (14) years of age1 for periods less than twenty four (24) hours per day, wllile the parents or guardians are not on the prelnises4 T11ere are three (3) types of childcare facilities: A. Faluily Childcare Home: A childcare facility which provides care for five (5) or fewer childre11 throughout the day. B. Group Childcare HOl11e: A childcare facility which provides care for six (6) to twelve (12) childre11 throughout the day. ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE II AND CHAPTER 6 OF TITLE 12 6 ( . CITY: (--- :: c. Childcare Center: A childcare facility which provides care for lTIOre than twelve (12) children tllroughout the day. It sllould be noted that ill determil1ing the type of childcare facility that is being operated, tIle total nUluber of childxe11 cared for during the day and not tIle nUlnber of children at the facility at anyone time is deterlninative. The City of Meridian which has jurisdictiol1 over the land under consideration ill this Title. CLINIC (MEDICAL, DENTAL, A buildil1g (other than a hospital) used by one or OPTICAL): more health care practitioners for the purpose of care, diagl10sis or treatlnel1t of sicl<, ailing, infirm, or injured patients, or those who are in need of medical and surgical atte11tion, but which building does not provide board, rODIn or regular 110spital care and services. CLUB OR LODGE: CLUSTER DEVELOPMENT (INDUSTRIAL AND COMMERCIAL): CLUSTER DEVELOPMENT (RESIDENTIAL) : COMMERCIAL USE OR BUSINES.S: A building or portio11 thereof on prelnises oWl1ed or operated by a 11011profit organized association of persons for a social, literal)', political, ed.ucational, recreatiollal or silnilar purpose prill1arily for the exclusive use of enrolled melnbers and their guests, but 110t illCludillg any organization, group or associatioll, the pril1cipal activity of which is to render a service usually al1d ordinarily carried on as a business. U11its which are cOl1ce11trated in one area, alld served by COlnlnon parl<ing roads and utilities. Ullits which are concentrated in one area and surrounded by COlnmon open space. The purchase, sale or other transaction il1volving the handlil1g or dispositiol1 of allY article, substance or COlTIlTIoditYJ or Inanagelnent of office buildings, offices for recreational, e11tertail1mel1t or amusemel1t enterprises 7 or the Inaintenance and use of offices by professions and trades rel1deril1g services. The purcllase, sale or other transactions involvi11g the ha11dlil1g or dispositiol1 of any article, substallce or CO 111m 0 dity) or the dispel1sil1g of services for livelihood or ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS I 7 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 7 CONDOMINIUM: CONTIGUOUS: CONTRACTOR YARD: CONVALESCENT OR NURSING HOME, REST HOME: CONVENIENCE CENTERS: CONVENIENCE STORE: COUNCIL: COURT: COVENANT: CULVERT; A systeln of individual fee ownership of units it1 a mtuti-unit structure whicl1 is usually cOlnbined with joint ownership of COffilnon areas of the structure and land. Two (2) parcels of land which, at SOIne point, have a common border. Any parcel of lal1d used for storage, Inai11te11allce or processing illcidental to the busi11ess of building, hauling, excavation, delnolitiol1 or similar activity and including any parcel of land used- for the incidental repair of machinery used for any of t11e above listed activities. Any hOllie, place or institution which operates or maintains facilities providing convalescent, or chrol1ic care, or both, for a period in excess of twenty four (24) C011secutive hours for two (2) or Inore patients not related by blood or lnarriage to the operator, and said patients, Wll0 by reason of illness or infirlnity, are unable to properly care for themselves4 A cOlnlnercial developluent offering goods at retail and personal services to a lilnited area in populatioll. A store offering goods, i11cluding gasolil1e, for sale at retail. The offering for sale of services or goods pertai11ing to t11e repair or servicing of vellicles shal1110t be included withil1 this defi11ition of COl1venience store4 See defi11itio11 of Service Statio11. The elected, legislative and governing body of the City of Meridial1, Idaho. A space which is open and unobstructed to tIle slcy, on a lot, and bounded on three (3) or 1110re sides "by building walls or fe11ces. A written promise or plan. A drain that channels water under a bridge, street, road or driveway. ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 9 DAIRY FARM: A farlTI whose principal function is the production of mill< and Inillc products al1d which lnay include the processing of lnill< so produced~ A dairy farm further refers to a dairy barn or processing facility or feedil1g area where animals are l(ept, raised or fed in a restricted area. DEDICATION: The setting apart of land or interests i11 lalld for use by the public by ordinance, resolution or el1try in tIle officiallninutes as by the recording of a plat. Dedicated land becomes pltblic lal1d UpOll the acceptance by the City. DEGRADATION: To scale-down the desirability or stability of an area1s physical environlnel1t. DENSITY: A unit of lneasurement which specifies the l1ulnber of dwellil1g units per acre of land. A. Gross Del1sity: The nUluber of dwellillg units per acre of total land to be developed, including public right-of-way. B. Net Density: The nllmber of dwelling units per acre of land when the acreage il1volved excludes public and private right of way for streets and roads. DEVELO PED AREA: Tllat portion of development whicl1 contains all structures, roads and site improvements. COinInoll open space shall be deemed to be part of the developed area. DEVELOPMENT PLAN (PRELIMINARY AND FINAL DEVELOPMENT PLANS): All plats, plans and/or sublnissiol1S by a subdivider or developer in whole or ill part describing a developlnel1t al1d considered by the Commission alld Council. DISTRICT OR ZONE: A portion of the City of Meridian withil1 which certaill uniforln regulations and requirelnents or various combinatio11S thereof apply under provisions of this Title. The letter flRll sllall represent tIle reside11tial districts, with the nUll1ber following the letter URn represellti11g the InaxilnUlTI allowable dwelli11g U11its per acre. The letter Hen shall represent the COlTIlnercial districts. The letter nru 811all rep res el1t the ZONING REGULATIONS "CONDITIONAL USESn AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE II AND CHAPTER 6 OF TITLE 12 10 {" indllstrial district. The letters uLon shall represent the lilnited office district. DOMESTIC LIVES TOCI(: Cattle1 dairy animals, sheep, goats and other grazing al1ilnals as would be fOUIld on a nOflnal farm livestocl< operation. DOWN-ZONING: An action by an el1tity authorized to adjust zoning regulations which results in the lowering of the zoning classificatioll of a giVe!l tract, tracts or area to a lesser lal1d use; for example, an adjustlnel1t frOlTI cOlnmercial to residential land use. DRIVE-IN ESTABLISHMENT: An establishment (other than a service statio11 or trucl< stop) whicll is designed to aCCOlTIlTIodate the Inatar vehicles and patrons in such lnanner as to pem1.it the occupants of such vehicles, while relnaining therein, to Ina!ce a purchase or to receive services. DRY LINE SEWER: Sewer lilles which have been installed as per City specifications before conllections to a Mtll1icipal wastewater treatlnent facility become a reality. DWELLING, MULTI..FAMILY: A dwellil1g consisting of four (4) or lnore attached dwelling llni ts . DWELLING, SINGLE- F AMIL Y: A dwellil1g C011sisting of a single dwelling Ul1it only, separated fraIn otller dwelling units by open space. DWELLING, THREE-FAMILY A dwelling consisting of three (3) attached dwelling (TRIPLEX): units. DWELLING, TWO-FAMILY (DUPLEX): A dwelli11g designed to be used by two (2) falnilies consisting of two (2) dwelling units which lnay be either attached side by side or one above the other. DWELLING UNIT: Any building or portion thereof which meets adopted buildil1g codes and is used as a residence or living quarters of 01le or Inore persol1s. EASEMENT: A perl11anent or temporary limited right of use of lal1d for specific purposes. ZONING REGULATIONS uCONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE II AND CHAPTER 6 OF TITLE 12 II C""" (" ENGINEER AND PROFESSIONAL ENGINEER: A person who is qllalified by reaS011 of his lmowledge of lnathelnatics, the physical sciences) and the principles of engineering acquired by professional educatiol1 and practical experience, to ellgage i11 the practice of professional engineering. See Idaho Code sectiol1 54-1202(a) and (b). ENTERTAINMENT FACILITIES (COMMERCIAL): .AllY structure housing any ufor profitrl activity, which is generally related to the entertainlnent field, such as Inotio11 picttlre theaters, taverl1S, nightclubs, coclctail lounges, bowling alleys, a11d siluilar entertainlnent activities. EXCLUSIVE ZONING: Tllis is a term applied to a district on the Zoning Map in which only one type of land use is perlnitted~ There may be several variations of the type of land use, but only one category is allowed~ Illustrative of this is where an area has been designated as a11 industrial district and the ordil1ance text t11en sets forth tl1e permitted uses alld requirements tllerefor~ The text of an exclusive ordinance will indicate that only industrial developlnent will be allowed it1 this zone. With the exceptiol1 of conditional llses, all other uses SUCll as residential and COIDlnercial will be prohibited. F AMIL Y: A person living alone or two ( 2 ) or lTIOre persons livillg together as a single housel(eepi11g U11it i11 a dwellillg unit as distil1guislled fr0111 a group occupying a boardil1g 11olise, lodging house, motel or hotel. FENCE: An ellc1osure; especially, al1 enclosing barrier, as one to prevent strayil1g froll1 withi11 or intrusiol1 into. FENCE, OPEN: A fe11ce that does not restrict or ilnpede visiol1 or sight through the fence by lnore that1 twenty percent (20%). FLOODPLAIN: The relatively flat area or low land. adjoil1ing the channel of a river, stream, lal<e or other body of water which has been or Inay be covered by water of a flood of lOO-year frequency. TIle floodplaill includes the channel, floodway and floodway fri11ge, as established per the e11gineering practices as specified by the ArIllY Corps of Engineers. ZONING REGULATIONS "CONDITIONAL USESn AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 12 FLOOR AREA, NET: That portion of the gross floor area of the building occupied by the listed tlSe or uses and sllall il1clude hallways, storage and pacl(aging space, dressing or restrooms and laboratory or worlc rooms. However, that floor space within the building reserved for parl<ing or loading of vehicles al1d basemel1t space used only for building Inail1tenance and utilities shall be excluded. GARAGE, PRIVATE: An e11closed accessory building or an accessory portion of the Inaill buildi11g designed and used for il1door parl<ing or storage of vehicles or boats OWlled and operated by tIle occupal1t of the lnain dwellillg. An unattached garage is considered to be all accessory bllilding. GARAGE, PUBLIC: A building or portion thereof (except a private garage) used or designed to be used for the storage of motor vehicles. GLARE: To shille with a harsh, uncolufortably bright ligllt. GOVERNING BODY: The Meridian City COUI1Cil. GRADE: The elevation of the finished surface of the ground adjacent to the midpoint of al1Y exterior wall of a building or structure. GRADE, ESTABLISHED: The Cllrb lil1e grade at the lot lines as approved by the Ada County Higllway District Engilleer or appropriate agency. HABITAT: The cl1aracter of the l1attlral environll1ent needed to su"pport l1ative plant and al1irnallife. HARDSHIP: An unusual situation 011 the part of an individual property OWller which will not pertnit hilTI to enjoy tIle full utilizatio11 of his property as is enjoyed by others in the community. A hardsllip can exist only when it is not self..created. HEALTH AUTHORITY: Cel1tral District Health Departlnent or Idaho State Health and Welfare Department. HIGHWAY: The entire width between the boundary lines of every way publicly maintai11ed wIlen any part is open to the use of tIle public for vehicular traffic, with jurisdictiol1 extending to the ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE II AND CHAPTER 6 OF TITLE 12 13 ~. .. adjacellt property line, including sidewall<.s, shoulders, berlTIS 311d rights of way not intended for motorized traffic. The terll1 "streetU is interchangeable with highway. HOME OCCUPATIONS, URBAN AND RURAL: Any gainful operatio11, profession or craft, which is custolnarily incidental to or carried 011 ill a dwelling place, and wherein the use is clearly incidental and secondary to the use of tIle structure for dwelling purposes. HOSPITAL: An il1stitution devoted pril11arily to the mainte11ance and operation of facilities for the luedical or surgical care of patients for twenty four (24) hours or Inore~ TIle terlTI UhospitalU does not include convalescent, nursing or boarding homes, or any institution operati11g solely for the treatment of l11entally ill persons, drug addicts, liquor addicts or other types of cases necessitating forcible confinelnent of patients. HOTEL: A building contai11ing six ( 6) or lTIOre bedroolns where overnight lodging without individual cool<ing facilities is offered to the public for cOlnpensation, al1d is prilnarily for tIle accolumodation of transiel1t guests~ A Inotel shall not be deelned to be a hoteL IMPACT AREA: That area duly negotiated and adopted pursuant to Idaho Code sectiol1 67-6526 by tIle City of Meridial1 and Ada County, State of Id.aho, by means of a separate ordil1ance. That area shall be governed by the ordi11ances of the City of Meridia11 pertainillg to Z011illg and developlne11t. IMPROVEMENT: Any alteration to the lalld or other physical constructions associated with building site developlnents. INDUSTRIAL: The lnanufacture, processi11g and testing of goods a11d Inaterials, including tIle productio11 of power9 It does 110t refer to the growing of agricultural crops, or the raisillg of livestocl<., or the extraction or severance of raw lnaterials froln tIle land being classified, btlt it does illclude activities il"lcidental thereto~ INGRESS AND EGRESS: E11tra11ce and exit~ ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE II AND CHAPTER 6 OF TITLE 12 14 ( INSTITUTION: Buildil1g and land designed to aid individuals in need of lnental, therapeutic, rehabilitative coul1selil1g or other correctional services. JUNICYARD: An outdoor space where waste 1 discarded, or salvaged materials are bought, sold, exchanged, baled, pacl<.ed, disasselnbled, stored or handled. J unlcyard also incltldes house wreclcillg alld strtlctural steel Inaterials and equiplnent, but does not il1clude SUCll places where SUCll uses are conducted el1tirely withi11 a cOlnpletely e11closed building such as paWl1 SllOpS alld establishll1ents for the sale, purc11ase or storage of used furniture and household equiplne11t or for used cars il1 operable condition, or salvaged Inaterials which are incidel1tal to manufacturing operatio11S~ I<ENNEL: Any lot or prelnises on which three (3) or JTIDre dogs and/or cats alld other household dOlnestic aninlals more than six (6) montlls of age are housed, groolned, bred, boarded, trained, sold or cared for. LAND USE: A terln used to indicate the utilization of any piece of land whether it be lot, plat, tract or acreage. Land use is an indicatiol1 of the existing developlnent withill a cOlnlnunity and beCOlnes the basis to fOrlTIulate district boundaries. LAND USE PLAN: The Meridian COlnprehensive PlaIl. LOADING AND UNLOADING SPACE, OFF-STREET: An opel1 hard-surfaced area of land (other tllall a street or public way) in which the principal use is for the stal1ding, loading and unloading of motor vellicles, tractors or trailers. LOT: A parcel of land created by subdivision whicI1 is of sufficient size to lueet Ininilllum zoning requirements for use, coverage al1d area and to provide such yards and other open spaces as are herein required. A lot shall have frontage on an approved public street or all approved private street and Inay consist of: a) a single lot; b) a portion of a lot; and c) a combination of cOlnplete lots, or of portions of lots. ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENTn REPEALING CHAPTERS 17 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 15 / t..:. . LOT AREA: T11e area of any lot shall be deterlnined exclusive of streets, highways, alleys, roads, rights of ways, irrigation easelnents and land which is used for the cOllveyance of irrigation water, drainage water, creel< or river flows. LOT, CORNER: A lot abutting upon two (2) or more streets at their intersection or upon two (2) parts of the saIne street, suc11 streets or parts of the same street forIlling an i11terior angle of less than one hundred thirty five degrees (1350). The POil1t of il1tersection of the street lines is the lfcornerU. LOT COVERAGE: The area of a zoning lot which is Occtlpied by the principal building, buildings or accessory btlildi11gS and the horizontally projected area of the lot. The ratio is expressed as a percentage. LOT, DEPTH: The lnean horizol1tal distance between the front and the rear lot lil1es. Where tIle lot is irregular and the lot lines converge, the rear lot line shall be deelned to be a line at a point wllere the side lot lines are not less tllan ten feet (I 0') apart~ (For illustration, see Section 11-20-1 of this Title.) LOT1 DOUBLE FRONTAGE: A lot witll frontage on two (2) streets. LOT, FLAG LOT: A lot in the sllape of a flag on a pole or silnilar desigt1. A flag lot shall have a l11inilTIUlTI fro11tage of thirty feet (30r) on a public street al1d structure placed on a flag lot shall have the house facillg the street frontage. LOT, FRONTAGE: The distance across the lot alo11g the street right-of- way lil1e. LOT, INTERIOR: A lot with only one frontage on a street. L.OT LINE, FRONT: The line separating the lot from the pril1cipal street on Wllich it frollts. LOT LINE, REAR: The lot lil1e opposite and IllOSt distant froll1 the front lot line or conforlning to lot depth. LOT LINE, SIDE: Any lot line other than a fro11t or rear lot line. A side lot line separating a lot froln a street is also called a side street or ZONING REGULATIONS uCONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT uPLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE II AND CHAPTER 6 OF TITLE 12 16 (" flanl<.ing street lot line. A side lot line separating a lot from another lot or lots is also called an interior side lot line. LOT LINES : Property lines boul1ding the lot. LOT OF RECORD: A lot which is part of a subdivision recorded in the office of the County Recorder; or a lot or parcel described by metes and bounds, the description of which has been so recorded. LOT, THROUGH: A lot other tha11 a COfller lot havi11g frol1tage 011 two (2) parallel or approxilnately parallel streets. 011 a through lot) both street lines shall be deemed front lot lines. MAJOR SUBDIVISION: All subdivisions not able to qualify as a mil10r subdivision. (defil1ed below.) MANUFACTURED BUILDINGS: A fabricated, transportable building (other than a mobile hOlne) designed to be incorporated at a building site into a structure to be used for residential, commercial, industrial or agricultural purposes al1d which has attaclled to the buildil1g a valid insignia Wl1ich states that the manufactured building is built ill accordance with the Uniform Buildillg Code2 and applicable laws, rules al1d reguIatiol1s. Buildings to be used for residential purposes shall also include in tIle i11sigl1ia that 8t1Cl1 buildillg is ill cOlnplial1ce with HUD luil1ilTIltlTI property standards for such construction. MANUFACTURING, EXTRACTIVE: AtlY Inil1ing, quarryillg, excavating, processil1g, storing, separating, clealli11g or lnarl(eting of any mineral natural resource. MANUFACTURING, HEA VY: Mal1ufacturil1g, processing, asselnbling, storing, testillg and silnilar illdustrial tlSes which are generally major operations and extel1sive in character, require large sites, open storage and service areas, extensive services and facilities, ready access to regional transportation a11d. 110rlnally generate some nuisances such as slno!(e, noise, vibratioll, dust, glare) air polltltioll or water pollution. 2 See Title 10, Chapter I of this Code. ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 1 7 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 17 ( MANUFACTURING, LI GHT: lndtlstrial uses whicll are usually controlled operatio11S, relatIvely clean, quiet a11d free of objectionable or l1azardous eleluents SUCll as smolce, noise, odor or dust; which operates al1d stores within e11closed structures, and which generate little industrial traffic and no nuisances. MARQUEE: A perlnallent roofed structure attached to and supported by the building and projecting over public property. MEAT PACIGNG ( COMMERCIAL): A facility which includes the ca11ning, curil1g, slnol<ing, saltil1g, pacl<ing and freezil1g of Ineat products, or a facility in which meat products are processed for sale to the retail trade alld where the i11spectiol1 of lneat, meat by- products and Ineat food products are Inaintained. MINOR SUBDIVISION: A11Y subdivisiol1 containing not lTIOre than four ( 4) lots fronting 011 an existillg or proposed street, or the extension of Municipal facilities, or the creation of any public improvelnents, and not adversely affecting the remainder of the parcel ot adjoi11ing property alld 110t ill conflict with any provision or portiol1 of the COlnprehensive Plal1, Zoning Map, Zonil1g Ordillance or other ordi11al1ces. MOBILE HOME: A structure tral1sportable in one or lTIOre sectiol1S which has attached to tIle structure a valid i11signia Wllich states that the lnobile hOlne is in compliance with Federal lnobile hOlne construction al1d safety standards (HUD). MOBILE HOME PARI(: A residential area which i11volves land under single ownership with lots rented for the location of Inobile hOlnes and provision of facilities and services to tenants by managelnent. MOBILE HOME SUBDIVISION: A subdivision designed and i11tended for exclusive lnobile home residential use. MONUMENT: Any permanent marl<er (either concrete, galva11ized iron pipe or iron or steel rods) used to identify any tract, parcel) lot or street lilles, as specified in Idallo Code section 50-1303. MOTEL: A building, or group of buildings on tIle saIne prelnises (whether detached or in connected rows), COl1taining sleeping ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE II AND CHAPTER 6 OF TITLE 12 18 MOTOR VEHICLE REPAIR, MAJOR: MOTOR VERI CLE REPAIR, MINOR: c.-- ... or dwelling U11its i11dependently accessible froIn the outside, or central hallway, with garage space or parl<.ing space located on the prelnises, and designed for, or occupied by, travelers. TIle terln includes, but is not limited to, any buildi11gS or building groups desigl1ated as auto courts, Inatar lodges, tourist courts or by any other title or SigIl il1tel1ded to idel1tify them as providing lodging to motorists. E11gi11e rebllilding or lnajor reconditionillg of worn or damaged motor vehicles, or trailers, collision seIVice, i11cluding bodY1 fraIne or fe11der straighteni11g or repair, and overall painting of vehicles within an ellclosed building. I11cidental repairs J replacement of parts a11d motor service to Illatar vellicles, but not il1cluding any operatio11 under UMotor Vehicle Repair, Major'l. MUNICIPAL WASTEWATER Meridial1 City facilities for the central collectiol1 alld COLLECTION AND treatmel1t of dOll1estic wastewater, within the TREATMENT SYSTEM: Meridian Urban Service Plal1ning Area, and provides for the relTIoval of polluting constituel1ts froIn wastewater i11cluding reduction of biological oxygen delnand, suspended solids, fecal coliforlTI and provides for disinfection of any discharged water. NEIGHBORHOOD CONVENIENCE CENTER (COMMERCIAL): NONCONFORMING USE: NURSERY OR GREENHOUSE FOR FLOWERS AND PLANTS (COMMERCIAL): A Sl10ppillg center 11aving approxilnately thirty thousa11d to two hU11dred thousand (30,000 to 200,000) square feet of gross floor space and on a site of approximately four to eight (4 to 8) acres of land. It would provide for the sale of conveniellce goods (food, drugs al1d sundries) al1d persol1al l1eighborhood services for the day-to-day living of the immediate l1eighborhood within whicll it is located. TIle use of land or a use of a structure or building which is 110t in c011forlnance with the conditions or requirelnents of this Title. Lal1d, buildi11g structure or combination thereof for the storage, cultivation a11d transplanti11g of live trees, shrubs or plallts offered for sale on the prelnises inc1l1ding products used for gardenil1g or lalldscaping. ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE II AND CHAPTER 6 OF TITLE 12 19 (., . OPEN SPACE: OPEN SPACE (COMMON): OPEN SPACE (PUBLIC): ORIGINAL PARCEL OF LAND: OWNER: OWNERSHIP: P ARICING AREA OR LOT (PRIVATE): PARI<ING AREA OR LOT (PUBLIC) : AI1 area substantially open to the sl<y which may be on the sal11e lot witll a building. The area may include (along with the natural environlnental features) water areas, swimlning pools, tennis courts al1d any other recreatiollal facilities. Streets, parl<ing areas, structures for habitatiol1, buildings, covered structures and the lil<e shall not be il1cluded. AllY private open space intended for use by occupa11ts of a developmel1t. The space may include, but is not limited to, recreatioll areas, lal1dscaped plazas, fOul1tains, sitting areas, natural areas al1d is mea11t to provide an opel1 atluosphere. COffilnon private open space does not include parldng areas, vacal1t or undeveloped lots, or any other space which does not contribute to the aesthetic quality of the developlnent~ Land in public oW11ership or control which includes, but is not lilnited to, parl<s, recreation areas, water bodies, historical sites, public utility easelnents, scenic routes, floodplains, slide areas, areas too steep for safe construction, wildlife refuges, natural areas, forests, fisheries al1d watersheds. A lot or tract as recorded 011 allY plat of record 011 file in the office of the C011nty Recorder or any U11platted C011tiguOllS parcel of lal1d held in OIle ownership a11d of record at the effective date of this Title, April 2, 1984. The perso11 or entity l1avi11g the oW11ership of record il1 t11e property. The il1dividual, firm, associatioll, syndicate, part11ership or corporation who has title of property. AIl opell, hard-surfaced area (other thaI1 a street or public way) designed, arranged and made available for private passel1ger autolnobiles of occupants of the building or btlildings for which the parldl1g area is developed4 All ope11) hard-surfaced area (otIler than a street or public way) to be used for the storage (for lilnited periods of time) of operable passenger autolTIobiles or cOlnnlercial ZONING REGULATIONS uCONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT ttPLANNED DEVELOPMENT') REPEALING CHAPTERS 1 7 OF TITLE II AND CHAPTER 6 OF TITLE 12 20 ( c,. vellicles and available to the public whether for compensation, free or as an aCCOlTIlllodation to cliel1ts or customers. PARIGNG SPACE, OFF-STREET: For the purpose of this Title, an off-street parl<ing space shall consist of an area adequate for parldng an automobile with dilnensiol1s conforluing to the requirements of this Title. PARI(S, PUBLIC AND PRIVATE: A11Y area that is predominately open space, used pri11cipally for active or passive recreation, and not used for a profitMll1alcing purpose. PARTY WALL: A wall adjoining and parallel to the lot line whicl1 is used prilnarily by the party upon whose lot the wall is located. Party walls may share common fOUlldations. PERFORMANCE OR DESIGN STANDARDS: Stal1dards which are of tell applied to industrial, residential and cOlnmercial districts alld place lilnits on such things as noise, dust, glare, Sl1101<e, vibration, radioactivity and odors; al1Y proposed use which cannot Ineet these standards is 110t to be allowed., and once a use has been permitted, it lnust lnaintain its ability to Ineet the standards or else have its certificate of occupancy revol<ed. PERFORMANCE OR SURETY BOND: A fina11cial guarantee by a subdivider or developer deposited alld filed with tIle City in the alnount of the estil11ated COl1strtlctiol1 cost guaral1teeing the cOlnpletion of physical ilnprovements according to pla11s al1d specificatiollS witllill the tilne prescribed by the agreelne11t by the developer. The bond il1volves an alllount of mOIley or other negotiable security which is paid by the subdivider or developer to the City Clerl( and Recorder. The bOlld also guara11tees tl1at the subdivider or developer will perform all actions required by the governing body regarding an approved plat or pla11, and provides that if the subdivider or developer defaults and fails to cOlnply with the provisions of an approved plat or pla11, the subdivider, developer or his surety will pay dalnages up to the lilnit of the bond, or the surety will itself complete tIle requirelnents of the approved plat or plal1. PERMITTED USE: The utilizatio11 of land which shall be perlnitted to ta!<e place i11 a zoning district as a use by right, subject OIlly to the ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 1 7 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 21 PU~NED CO!\1!\1ERCIAL DE\'ELOP!\1ENT (PD C): PLANNED DEVELOPMENT (PD): PL^ul\JNED CENE~\L DEVELOPI\1E~JT (PD C): PLi\l'Jl'IED IND US TRIAL DE\TELOP1\1E~JT (PO I): PL^~l'IED RESIDENTU\L DEVELOPi\1Ei'JT (PD R): sta11dards established for the particular district and to any applicable overlay district an}~ district as set forth by tl~is Title. ./\11)'" dC"'vvcloplncnt ir~ \Ylhich the prillcipal use of land is for cOllllncrcial purposcs4 A type of COl1ditional use in which a parcel of land is plal1ned and developed as a unit or single entity, tlllder single owners11ip or COl1trol, contail1ing one or 1110re uses, buildings, COllllTIOn Opel) space a11d! or recreatiol1 facilities. .l^h:. area of lal~d "~y"yhich is dc\~clopcd as a sirlglc cl"'a.tity'" for a ntllnbcr of uses it".. cOlnbination \\ith or cxclusi\'v~c of other supporti\TC uses. A^}.. PD rna)Y be c11tircl)T rcsidcl"'a.tial, industrial, COlnlTICrcial or n Inixturc of cOlnpatiblc uscs~ .LA,"- PD does l~Ot necessarily'" corrcspol"a.d to lot size, bull<, density, lot co~"rcragc required, OpCl~ space or type of residcl~tial, cOllllncrcial or industrial uses as established in an)'" Ol"'a.C or lnorc created districts of this Titlc4 J.^~ dCY\l~eloplncl"..t not othen;visc distinguished under planl~cd cOlnlncrcial, industrial, residential dcvcloplTICnts, or ill Yl{hicl~ the proposed use of il"a.tcrior ar~d exterior spaces requires unusual dcsigr:. flexibility'" to achieve a cOluplctcl)V logical ar:.d cOlnplcll.....cl-:.tal)~ cOl~jur:.ctiol~ of uses ar~d fur~ctiol~S. This PD classificatiol~ applies to esscl~tial public services, ptlblic or pri"v"ate recreatior.. facilities, institutior~al uses, cOll~lnUl~it)~ facilities or a PD ~l'~/hich il1cludes a Inix of residerltia17 COl111ncrcial or industrial uses. j\.t~}~ dc',/cloplnc11ts il..... T;"rhich. the pril"..ci pal use of tl~c lal~d area is for ir~dustrial purposes or accessory uses custolllaril)'" rclatil~g to industrial uses "'~"'vith the balal1cc of such areas, if ar'I.)Y, bcil1:g intcr~dcd for COlTIlnCrcial uses as rcasol.....ably relates to the support or COl~'\,~Cl-...icncc of tl"..c intcl~dcd i11dustrial uses or tl--:.cir occupal~ts. 1\1"..J" dc~\rcloplncnt vyThicll is prcdol1-:inar~ltl)~ residential il1cludirlg those acccssol)Y purposes custolnarily relating to rcsidcl.....tial uses \\~th tl~c balar..cc of Sltcl"'a. area, if aI~.}"') bcir'..g il1tendcd for such llSCS as reasol~ablJY relate to the support or COl~~v~cr:.icrlcc of tl~c residential uses of other occupar:.ts. ZONING REGULATIONS uCONDITIONAL USESn AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE II AND CHAPTER 6 OF TITLE 12 22 ( roo . . \.... POUL TRY SLAUGHTERHOUSE AND/OR POULTRY P ACI<ING PLANT (COMMERCIAL): All establishments lnailltained for the slaughtering of poultry or preparil1g or processing of poultry products for human consulnption ill any farlTI and whereil1 said products are so prepared for sale to the retail outlets. PROFESSIONAL OFFICES: Structures where tllose engaged it1 a profession COl1duct their business and activity. PUBLIC NOTICES: The 110tice given by the City of Meridian or the applica"nt, which is required, whicll provides notice to the public and area residents ,around the area being COl1sidered that an applicatiol1 113s bee11 filed a.nd that the City will be holding a hearing at a tilne certai11 and date certai11 and whereby the public and property owners will have all opportunity to submit their views and ideas and evidence as to the proposed developlnent or Z011il1g. PUBLIC SERVICE FACILITY: Bllildings, power plants or substations, water storage tanIes or reservoirs, public garages or storage areas, water treatlnellt plants or PUll1ping stations 1 sewage disposal or pUlnping plants, a11d other silnilar public service structures owned and/or operated by a public utility, railroad (whether publicly or privately owned), or a MU11icipal or other governlnental agency. PUBLIC USES: Public parIes, schools, adlnil1istrative and cultural buildillgS, and strllctures, bllt 110t including public lalld or buildi11gS devoted solely to tIle storage and Inainte11al1ce of equiplnent and Inaterials al1d public service facilities~ Also public-owned buildings, fire and police stations) libraries, post offices and public utility adlninistration buildings. PUBLIC UTILITY: Any person, el1tity or Municipal departlnent tllat is duly authorized to furnish to the public ullder regulation such as, but 110t limited to, electricity, gas, steall1, telepholle, tra11sportation or water4 QUASI-PUBLIC USE: Churches, SUllday schools, parochial schools, hospitals, c011valescel1t or retirelnel1t hOlnes, colleges and other facilities ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENTn REPEALING CHAPTERS 17 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 23 of al1 edllcational, religious, cllaritable, philanthropic or nOl1profit l1ature. REGIONAL SHOPPING CENTER (COMMERCIAL): The largest of s110pping centers which is all-inclusive and self-sufficiellt with at least two (2) large departlnent stores as the major tenants and gel1erally serves a population of approximately Olle hundred fifty thous"and (150,000) or more. It is a ce11ter having over seven hundred fifty thousand (750,000) square feet of gross floor space and located on a site greater than seventy five (75) acres. REP AIR: The reconstruction, renewal or lnaintenance of real or personal property. RESEARCH ACTIVITIES: Research, developlnent and testing related to such fields as chelnical, pharmaceutical) medical, electrical, transportatio11, planning and engineeril1g. RESERVE STRIP: A strip of la11d between a partial street and adjacellt property which is reserved or held in public ownership for future street extension or widening. RESTAURANT: Any land, building or part thereof (other than a boarding house) where Ineals are provided. for cOlnpe11sation. RIGHTw-OF-W AY: A strip of lalld dedicated or reserved for use as a public way Wllich 110rlnally includes streets, sidewallcs and otller public utilities or service areas. III addition to the roadway, .it incorporates the curbs, special features required by tIle topography or treatlnent such as grade separation, landscaped areas, viaducts and bridges. ROADSIDE STAND: A teluporary or mobile structure designed or used for the display or sale of products or services. SANITARIUM: A health station or retreat or a11Y place where resident patients are l(ept and which specializes i11 giving clinical, temporary and elnergel1cy services of a Inedical or surgical nature to patie11ts and injllred persons al1d general medical practice as distinguished frolu treatlnent of lnental and nervous disorders (110t excludi11g surgical and post-surgical treatll1ent of luental ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT uPLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE II AND CHAPTER 6 OF TITLE 12 24 patients) and as licel1sed by the Idallo State Departlnent of Health as sanitariulTIS. SCHOOL (IGNDERGARTEN, AI1 institution of learning (eitller public or privately ELEMENTARY, sllpported) which offers instruction ill the several INTERMEDIATE OR HIGH): branches of learning and study required to be taught in the public schools by the State of Idallo. High school includes jll11ior al1d sel1ior high. SCREENIl'JG: See definitioll of Buffer Strip or Zone. SEAT: T11e place at, or the thing on, which 011e sits. For purposes of deterlnining the nUlnber of off-street parldng spaces for certain uses, the nUlnber of seats is the l1Ulnber of seating Ul1its installed or il1dicated or eacll eighteen (18) lineal inches of benches, pews, or space for loose chairs. SERVICE STATION: Bllildings and prelnises where gasolil1e, oil, grease, batteries, tires and lllotor vehicle accessories may be supplied and dispellsed at retail alld where Ininor motor repair and services Inay be rendered. Uses perlnissible at a service station do 110t include Inajar bod.y worl(, straightelling of body parts, paillting, weldil1g, storage of autolTIobiles 110t ill operatillg COlldition, or other worle involving noise, glare) ftlmes or slTIolce. SETBACI( LINE: A li11e established by this Title, generally parallel witll a11d 111easured froIn the lot line, definil1g tile limits of a yard il1 whicll110 building may be located above grotlnd except as lnay be provided ill this Title. (See Section 11-20-1 of this Title.) SIDEW ALl(: That portion of the road right of way outside the roadway which is ilnproved for the LIse of pedestrian traffic. SIGN: Any strllcture or natural object, such as a tree, rocl(, bush, the groulld itself or part thereof, or device attached thereto or paillted or represented thereOl1, Wllich shall be used to attract attentioll to allY object, product, place, activity, persoll, i11stitution, orgal1izatioll or business or which shall display or il1clude any letter) word, model, banner, flag, pennal1t, insignia device or represel1tation used as, or which is i11 the l1ature of ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS I 7 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 25 al1 a11110uncelnent, direction or advertisement. For the purpose of this definition, the vvord UsignH does not include the flag, pennant or insignia of any nation, state, city or other political unit or al1Y political, educational, charitable, philanthropic, civic, professional, religious or lil(e campaign, drive7 lnovelnent or event. SIGN, OFF-PREMISES: A11Y Sigl1 llnrelated to a busilless or professiol1 COl1ducted or to a cOllllnodity or service sold or offered UpOll the prell1ises where stIch SigI1 is located. SIGN, ON-PREMISES: Any Sigt1 related to a business or profession conducted or to a C01TIlTIodity or service sold or offered. Up011 the prelnises where such sign is located. SITE PLANNING: The location of buildings and activities within a physical environment~ A site pIall includes shapes and location of buildi11gS al1d strllcttlres, circulation and parlcing layouts, landscaping features and nUlnerous other desig11 factors that relate to tIle ilnprovement of a parcel of lal1d. SLAUGHTERHOUSE AND MEAT PACIGNG (COMMERCIAL): A facility which includes a slaughtering, Ineat ca11ning, curil1g, slTIoldl1g, salting, pac1<ing, rendering or freezillg of lneat products or a facility in which Ineat products are so processed for sale to tIle public a"nd wllere the il1spectiol1 of 111eat, l11eat by-prod.ucts a11d meat food products are l11ail1tai11ed. SPECIAL USE: SaIne as "conditional use". STABLE, PRIVATE: A detached accessory structure for tIle l<eeping of 011e or 1110re horses, mules or cows owned and used by OCCtlpal1t of the preluises and not for relTIuneration, hire or sale. STABLE, RIDING: A structtlre used or designed for the boarding or care of riding 11orses. STANDARD SPECIFICATIONS: The specifications as specified in this Title and as officially adopted by the City. STATE: The State of Idaho. ZONING REGULATIONS uCONDITIONAL USESn AND SUBDIVISION AND DEVELOPMENT HPLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE II AND CHAPTER 6 OF TITLE 12 26 ( /" \~ STOCICYARD OR FEED- LOT (COMMERCIAL): AI1 enclosure where fowls or al1ilnals are l<.ept in a restricted area and where less than ten percent (1 0%) of the feed for such poultry or livestocl<. is produced by the owner on his imlnediate, owned farm or leased property. STORY: That portion of a building included between the upper surface of any floor and the upper surface of the floor l1ext above, except that tIle toplnost story shall be tllat portiol1 of a building included betweel1 the upper surface of the toplnost floor and the ceiling or roof above. If the finished floor level (directly above a baselnent, cellar or unused under-floor space) is more thaI) six feet (6r) above grade (as defil1ed herein) for more than fifty percent (50%) of the total perimeter or is Inore than twelve feet (121) above grade as defined herein at any point, such baselnent, cellar or unused under-floor space shall be C011sidered as a story. STREET: A right of way whicIl provides vehicular and pedestrian access to adjacent properties~ The term "street" also illcludes the terlTIS highway, thoroughfare, parl<way, road, route, avenue, boulevard, lane, place, and other such terlns~ STREET1 HALF: A portion of the width of a street, usually along the edge of a subdivisiol1 or developrne11t, where the relnail1ing portion of tIle street could be provided il1 another subdivision or developlnen t. STREET LINE: A line separatil1g all abutting lot, or parcel, frolll a street. STREET, PROPOSED: The undedicated portiol1 of a street aligl11nel1t, or proposed wide11i11g of an existing street as proposed on the Ada County Major Thoroughfares Plan, or any State or Federal highway, the aligl1111ent of which is officially approved. STREET, RURAL SYSTEM: A~ Pril1cipal Arterial: A conl1ected rural networ!c of contil1UOUS routes which serves corridor movelnents having trip length a"nd travel density characteristics il1dicative of substantial statewide or interstate travel. B. Millor Arterial: In cOl1junction vvith the pri11cipal arterial systeln, the lninor arterial road system forms a rural ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 27 l1e two rlc. Major cIlaracteristics of the system are to linlc cities, larger towns and provide inter-county service. These routes are designed to provide for relatively high overall travel speeds, with IninilTIUlTI interferel1ce to through lTIOVement. c. Major Collector Road: That which provides service to any county seat not on an arterial route al1d linl<s these places with l1earby larger towns or cities or with routes of higher classificatiol1. Major collectors serve the lTIOre important i11tra-county travel corridors. D. Minor Collector Road: That which collects traffic fraIn local roads and brings developed areas withill a reasonable distance of a collector road9 Millor collector roads provide senrice to tIle remainillg slnaller COllllTIUnities. E. Local Road: That which provides access to adjacent land and provides service to travel over relatively s110rt distances. The functional street classification definitiol1S are,sullllnarized descriptions of the fUl1ctional street guideli11es that are tlsed by the Federal Highway Adlninistration. STREET, URBAN SYSTEM: A. Pril1cipal Arterial: Should carry the major portion of trips ellteril1g al1d leavi11g the urban area as well as the lnajority of the through-trips desiril1g to bypass the ce11tral city. III addition, significant inter-area travel (SUCll as betweel1 central busilless districts and outlying residel1tial areas, between Inajar inl1er city COlTIlnunities, or between major suburban cellters) should be served by this class of facilities. B~ Minor Arterial: That which intercOllnects witll, alld auglne11ts, the urban principal arterial system al1d whicl1 provides service to trips of moderate lel1gth at a sOlnewhat lower level of travel Inability than Inajar arterials. Minor arterials place Inore emphasis on la11d access thal1 the higher, principal arterial system. c. Collector Street: That Wl1ich provides botll land access, service and traffic circulation within residential ZONING REGULATIONS ('CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT uPLANNED DEVELOPMENTu REPEALING CHAPTERS 17 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 28 neighborhoods, CO lTIlnerci al and industrial areas. Collectors also collect traffic froIn local streets in residential neighborhoods and channel it illtO the arterial system. D. Local Street: That which comprises all facilities not. on the other of the higher systelTIs. Local streets serve primarily to provide direct access to abutting lalld and access to the 11igher order system. Exalnples of local streets are ualleysn (Wllich provide secondary access at the baclc or side of a property otherwise abuttil1g a street); "loopstreets" (a Inillor street with both terminal points on the same street or origin); "cul-de-sac" (a street conl1ected to another street at OIle end 0111y and provided with a turnaround space at its termil1lls); "partial street" (a dedicated right of way providing only a portion of the required street width, usually along the edge of a subdivisiol1 or tract of land); and "private street~ (a parcel of land providing vehicular a11d pedestrian access to adjacent properties froIn a publicly dedicated right of way and which is recorded i11 the Ada County Recorderrs office as a perpetllal easelnent to the property owners talcing access tllerefroln or the ownership of which is vested in the property owners tal<ing access therefroln). All private street access lnust be approved by the Council. At10ther local street which is lltilized often by a city is U frontage road" . It is a local, auxiliary road to, alld located 011 the side of, an arterial high",ray for service to a.btltting property al1d adjacel1t areas al1d for control access to the property adjoil1il1g the l1ighway, and to Inail1taill circulatiol1 of traffic on each side of the 11igl1way. STRIP, COMMERCIAL AND INDUSTRIAL: A developlnent pattern cllaracterized by lots ill a C011ti11UOUS Ina11ner frontil1g on streets and resulting in nUlnerous access pOi11tS to the street. STRIP ZONING: Zoning usually found alo11g a lnajor roadway which is developed simply as a pattern followil1g the outlille of the road and without foundation ill the cOlnprehensive study or in fact. STRUCTURAL ALTERATION: Any cllange in the structurallnelnbers of a buildillg such as walls, columlls, beams or girders. ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 29 (.. t c.. :.... .. . STRUCTURE: Anythi11g constructed or erected in which the use requires perlnallent location on the ground or attachment to sOlnething havil1g a perlnanent location on the ground. AInong other things, structures include buildings, Inobile homes, walls and billboards. Fences sheill be deemed a structure. Public utility power poles shall not be deemed a structure. SUBDIVIDER OR DEVELOPER: The person who executes an applicatio11 or i11itiates proceedings for the subdivision of land in accordal1ce witll the provisiol1S of tllis Title. He need. 110t be the owner of tIle property; 11owever, he sllall be a11 agent of the 0W11er or have sufficient proprietary rights in tIle property to represel1t the owner and his acts and representations shall be binding upon the owner. SUBDIVISION: The result of an act of dividing an original lot, tract or parcel of land il1tO two (2) or more parts~ The terln usubdivisio11t1 shall also include the dedication of a public street and the addition to, or creation of, a celnetery~ However, this Title shall not apply to any of the followi11g: A. An allocation of land ill tIle settlement of an estate of a decedent or a court decree for the distriblltion of p'roperty; B. TIle unwilli11g sale of la11d as a res lIlt of ulegal condelnl1atiol1" as defilled al1d. allowed i11 tIle Id.allo Code; C. The widenil1g of existil1g streets to cOllform to the Meridian COlnpre11ensive Plal1; D. The acquisition of street rights of way by a public agency in conforlnance with the Meridian COlnprehel1sive Plan; and E. The exchange of land for tile purpose of straightening property boundaries which does not result in tIle chal1ge of the present land usage. SUPPLY YARDS: A COlTIlllercial establishlnent storing and offerillg for sale buildil1g supplies, steel Stlpplies1 coal, l1eavy equiplnel1t, feed and grail1 al1d silnilar goods. ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT)' REPEALING CHAPTERS 17 OF TITLE II AND CHAPTER 6 OF TITLE 12 30 )~.. ~ . (~ l SURVEYOR: TOWNHOUSE OR ROW HOUSE: TRAILER, RECREATIONAL VEHICLE AND MOTOR HOME: TRANSITIONAL USE: TRIP GENERATION: TRUCI( STOP: A persoll qualified by reason of his IGlowledge of the principles of surveyi11g acquired by education a11d experience, and who is authorized by the laws of the State of Idaho to practice land surveying. See Idaho Code sectiol1 54-1202(f). A row of two (2) or lTIOre attached sil1gle-falnily dwellillgS. Each dwelling is built with silnilar architectural treatlne11t, is separated by vertical divisions by party or lot li11e walls1 a"nd each has private entrances (usually front and rear). Any vehicle or structure constructed in Stich a manner as to perInit occupancy thereof as living quarters or the condllct of allY business1 trade, occupation, or use as a selling or advertisillg device or use for storage or c011veyal1ce for tools, equiplnent or 111achinery and so designed that it is or lnay be Inounted on wheels and used as a conveya11ce 011 higllways a11d streets and propelled or drawn by its own or other Inotar power. A use of lal1d desig11ed to selVe as a buffer betweell conflictil1g land llses such as single~falnily residential uses al1d comlnercial or il1dustrial uses or between residential uses al1d heavily traveled traffic arterials~ Uses designated as transitiol1al uses ill eacl1 particular district are deelned to be those Wllich are lTIOre or less cOlnpatible to the COl1flictil1g uses. N1 elemel1t of a traffic vollllne survey which indicates the l1umber of autonlobile, btlS, pedestrian or bicycle trips produced or generated it1 a specific area or by a specific llse. As al1 exalnple1 an office building generates uxu l1ulnber of trips to worl< by its elnployees al1d UXH number of trips hOlne frOITI worl(. A service station or COlTIll1ercial enterprise USillg the prelnises prilnarily to sell and supply lnotor fuel, lubricating oils al1d. greases to on-prelnises trade includi11g large trucl<s as well as autolllobiles and including the sale of tires) batteries, autolnotive accessories, related services, major and lninor motor vehicle repairs as well as special services to operators and drivers of trucl(s operatil1g 011 an illterstate basis. ZONING" REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT uPLANNED DEVELOPMENT" REPEALING CHAPTERS 1 7 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 31 UNDEVELOPED AREA: That portion of a developlnent which is left llnimproved or a parcel of land which is unimproved. URBAN SERVICES: Accordil1g to this Title, urbal1 services shall include, but not be lilnited to, the following where applicable: MUl1icipal central sewer al1d water facilities; pedestrian wall<ways and bicycle paths; open space; parIes; recreation lal1ds; police and fire protectioll; public transit; schools; libraries; starIn drainage; and urba11 standard streets and roads. URBAN SPRAWL: Scattered developluent which is 110t contiguous to the urbanized part of a lnunicipality. Sprawl is characterized by significant amounts of vacant land interlnixed with parcels of urban developlnent and with forlnless dispersal of a cOllgested urba11 area with little or 110 regard for the interrelationships of such factors as tral1sportatiol1, elnploymel1t, l1ealth and recreational needs. USE: The specific purposes for which land or a building is desigl1ated, arrallged, intel1ded or for which it is or Inay be occupied, maintained, let or leased. VARIANCE: A variallce is a lTIodificatiol1 of the reqllirell1el1ts of this Title as to lot size, lot coverage, widt11, dept11, fro11t yard, side yard, rear yard, setbacl<s, parl<il1g space, lleight of bllildil1gS or otller provisions of this Title. A variance shal1110t be COl1sidered a right or special privilege, but Inay be grallted to an applicant only UpOll a showil1g of undue hardsllip because of the characteristics of the site and that the varial1ce is not in C011flict witll the public interest. VEHICLE: Every device in, UpOl1 or by which any person or property is or Inay be transported or draWll upon a public l1ighway or street excepting devices moved exclusively by l1ulnan power or tlsed exclusively upon statiol1ary rails or tracts. VESTED RIGHTS: Vested rig11ts1 if properly used, refer to rights whicl1 have been accrtled to an i11dividual as a result of a condition which llas existed for a period of tilne. A vested right is one in which the ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS I 7 OF TITLE 11 AND CHAPTER 6 0 F TITLE 12 32 individual cannot be denied rigllts that lnay have existed to him. VETERINARY, ANIMAL HOSPITAL OR CLINIC: A place used for the care, grooming, diagnosis and treatl1lellt of sicl<, ailing, infirm or injured animals and those who are in need of medical or surgical attention and may include overnight accolnlnodations on the premises for the treatment, observation or recuperatiol1~ It Inay also include boardil1g that is incidental to the primary activity. VI CINITY MAP: A drawillg which sets forth by dimensions or otller means the relationship of the proposed developlnent to other nearby developments1 landlnarl<s or COllllTIUnity facilities and services within the general area in order to better locate and orient the area in question. WALI(WAY: A public way for pedestrian use only, whether or not along the side of tile road. WET LINE SEWER: Sewer lilles which are c011nected to a MUl1icipal wastewater treatlnent facility as per City specifications. YARD: A required open space, other tha11 a court, unoccupied alld unobstructed by a structure or portion of a structure from tllree feet (3f) above the gel1eral groltnd level of t11e graded lot upward; provided, tllat accessories, Of11alnellts and fUIlliture l11ay be perlnitted in al1Y yard and subject to height litnitations al1d requirelnents limiting obstructioll of visibility. (For illustration, see Section 11-20-1 of this Title.) A~ Front Yard: A yard extending betweel1 side lot lines across tIle front of a lot and EroIn the fro11t lot line to the front of tile prillcipal buildillg. B. Rear Yard: A yard extending betwee11 side lot lines across the rear of a lot and froIn the rear lot line to the rear of the pril1cipal building. C. Interior Side Yard: A yard extel1dil1g froIll tIle principal btlilding to the side lot line on both sides of the principal ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT uPLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 33 /-:-"...-~ . \".. . ( buildil1g between tIle lines establishillg the front and rear yards. D. Street Side Yard: A yard extending frDIn the principal buildil1g to the secondary street that adjoins the lot between the lines establishing the frollt and rear yards. E. COtlrt Yard: See defil1ition of Court. F. Tra11sitional Yard: A yard whicll serves as a buffer betweell conflicti11g land llses such as between single-falnily residelltial uses alld cOlnlnercial or industrial uses or between residential uses al1d 11eavily traveled traffic arterials. Tral1sitional yards are deelned to be al1 open space whicll is betweel1 tllose uses which are more or less cOlnpatible. ZERO LOT LINE: A building design which allows for a dwelling to be built to the side lot line and which may include an easelnent to a lleighboring lot for the purpose of uplceep and lllaintenance of each dwelling. Zero lot li11e developlnents can be either dwelling units detached or attached. ZONING MAP: The grapllic depictioll of the zones or districts within the City linlits of Meridian. The Map includ.es: A. AIl indication of the boundaries of each of tIle districts; B. A legel1d identifying each of the districts; C. Ide11tification nalnes of streets, strealTIS and other places; D. Dilnel1sions indicating the boundaries between districts. TIle Zoning Map is to be adopted as a legal part of an Ordinance al1d designated as the Official ZOllillg Map of the City. ZONING PERMIT: A dOCUlnent issued by the Adlninistrator authorizi11g the uses of land and structures, and the characteristics of the uses. ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE II AND CHAPTER 6 OF TITLE 12 34 ZONING POLICY: The policy as adopted by the governil1g body of the City of Meridian and which is the underlying, fundalnental basis for this Title; that is, the ZOlling and Development Ordinance of the City of Meridial1. (Drd. 430,4-2-1984; alnd. Drd. 456, 9- 3-1985; Ord. 496,9-6-1988; Ord. 557, 10-1-1991; Ord~ 5.92, 11-17-1992; 1999 Code) SECTION 2. That Sectiol1 3 Subsection E. 3. of Cllapter 3 of Title 111 Plal1nillg and Zonillg COll1111ission, be, and the saIne is l1ereby arnel1ded by addil1g additiol1allangtlage al1d deletillg lallguage, alld the saIne shall read as follows: 11 ~3-3ME.3. Review all applications for subdivisions~ B:fl€l plal1ned develoPlnents (PD, C011tract zonil"'a.g applicatiol~S, zoning applications, a11nexation applicatiol.....s and COl1ditional use1, and mal<e recoffilnel1datiollS to the Council~ (Ord. 430, 4-2-1984) SECTION 3. That Section 3 of Chapter 4 of Title 11, Use And Bllll( Regtllations, be, and the saIne is hereby alne11ded by addil1g additio11allanguage and add-ing a new subsection C, and the saIne shall read as follows: 11-4-3 A. Use: A btlilding, structure or land shall hereafter be used or occupied, and a buildillg or part thereof, or otller structure, sllall be erected, raised, lTIoved, reC011structed, extended, ell1arged or altered only as in conforluity with tIle regulations 11erein specified. for tIle district in whicl1 it is located. Exccptior~s to the use al1d buIlt rcgulatior....s of tl--:.is Title shall be onl}r by '\'rariar~ce~ B. Bull(: All new buildings and structures shall cOl1forl11 to the regulations established herein for the district ill which each building shall be located except as otherwise perIni tted in this Ti tie by variance. (Ord. 592, II M 1 7 -199 2 ) c~ Exceptions in Planned Developlnellt: Planned Developlue11ts Inay be approved with different uses alld bulle standards than those specified for the zonil1g district, ill cOlnpliallce with the Plal111ed Developlnent sections of this Title. SECTION 4. That Sectiol1 2 of Chapter 7 of Title II J Zoni11g Districts, be, a11d the saIne is hereby alnended by adding additio11al lallguage alld deletillg language, and the saIne sllall read as follows: ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 35 A. R-2 Rural Low Density Residelltial District: The purpose of the R-2 District is to perluit the establisl11nel1t of rural low dellsity single-family dwellings, alld to delineate those areas where predoluinalltly rural residential development has, or is lilcely to occur in accord with the COlnprehensive Plan of the City, and to protect the integrity of rural residential areas by prohibiting tIle intrusion of incompatible nonresidel1tial uses. The R-2 District allows for a InaxilTIUlTI of two (2) dwelling Ul1its per acre and requires cOl1nection to the Municipal water and sewer systems of the City. B. R-3 Rural Mediulll Density Residential District: The pllrpose of the R-3 District is to perlnit the establislllnell.t of rurallUediulTI del1sity sil1g1e-falnily dwellings, a11d to delilleate those areas where predolninantly lnediuln de11sity rural residential developlnent has, or is lilcely to occur il1 accord with the COlnprehensive Plan of the CitY1 and to protect the integrity of medium density rural residel1tial areas by prohibitil1g tIle intrusion of i11compatible nonresidential uses. TIle R-3 District allows for a luaximUlTI of three (3) dwelling units per acre and requires cOl111ectio11 to the Municipal water and sewer systelTIS of the City. c. R-4 Low Dellsity Reside11tial District: 0111y single..falnily dwellings, public schools, and ptlblic and private parl<s shall be perlnitted and no conditional uses shall be perlnitted except for planl1ed rcsidcr~tial development~ and public schools. The purpose of the R-4 District is to permit the establishment of low density sillgle- falnily dwellings, al1d to delilleate those areas wllere predolninantly residential developlnent has, or is lil<ely to occur ill accord with the Comprehel1sive Plal1 of tIle City, al1d to protect tIle il1tegrity of residel1tial areas by prohibiting the i11trtlSio11 of il1COlnpatible nOllresidel1tial uses. The R-4 District allows for a 111axil11Ul11 of fOllf (4) dwellillg units per acre and reqllires conllection to the Mmunicipal water and sewer systelTIS of the City of Meridja11. D. R-8 Mediul11 Density Residel1tial District: The purpose of the R-8 District is to perluit the establishlnent of sil1gle- alld tvvo-falnily dwellings at a density not exceeding eig11t (8) dwelling Ullits per acre. This District deli11eates those areas where such developlnent has or is lil<ely to occur ill accord with tIle Comprehensive Pla11 of the City and is also designed to perluit the conversion of large hOlnes into two-falnily dwellil1gs in well-established l1eighborhoods of cOlnparable lalld use~ Connection to the Municipal water and sewer systems of the City is required. E. R-15 MediulTI High Dellsity Residelltial District: The purpose of the R-15 District is to perlnit tIle establishl11ent of meditlln-lligh density sil1gle-family attached al1d Inulti...falnily dwellings at a density 110t exceeding fiftee11 (15) dwelli11g units per ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT uPLANNED DEVELOPMENTu REPEALING CHAPTERS 17 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 36 (- acre~ All such districts lnust have direct access to a transportation arterial or collector, abut or have direct access to a parl< or open space corridor 1 alld be cOl111ected to the MUl1icipal water al1d sewer systellls of the City~ The predominant housing types in this District will be patio homes, zero lot line single-family dwellings, t0W11houses, apartmel1t buildings and condominiums. . F. R-40 High Density Residential District: The purpose of the R-40 District is to permit the establishmelTt of l1igh density residential uses at a del1sity 110t exceedillg forty (40) dwellillg tl11its per acre~ COl111ection to the Municipal water al1d sewer systell1S of tile City is required. G. L-O Lilnited Office District: The purpose of the L-Q District is to permit the establishment of groupings of professional, research, executive, adlninistrative, accountillg, clerical, stellographic, public service and silnilar uses. Research uses s11all not involve heavy testing operations of any l<ind or product manufacttlril1g of such a nature to create 11oise, vibration or emissions of a nattlre offellsive to the overall purpose of this District. The L-Q District is desigt1ed to act as a buffer between other Inore il1tense nonresidelltial uses and high dellsity residential tlSes, and. is tllUS a transitionalllse. Connectioll to tIle Municipal water and sewer system of the City is a requirement in tllis District. H. C-N Neighborhood Business District: The purpose of the C-N District is to permit the establisll1nent of sl11all scale convel1ience busi11ess llses whicll are il1tel1ded to l11eet the daily needs of the residents of an ilumediate neigllborllood (as defined by tile policies of the Meridial1 Comprehel1sive Pla11); to el1collrage clustering alld strategic sitil1g of stIch bltsillesses to provide service to tl1e neigllborhood a11d avoid illtrusio11 of slIch uses i11tO the adjoi11illg residential districts. AIl such. districts shall give direct access to tral1sportatiol1 arterial or collectors, be cOl111ected to the Municipal water and sewer systelTIS of the City, and shall not constitute all or any part of a strip development concept. I. C-C Community Business District: The purpose of the C-C District is to pertuit the establishmellt of general busilless llses that are of a larger scale tha11 a neighborhood business, alld to el1CQUrage t11e development of Inodern shopping centers with adequate off-street parl<ing facilities, and associated site alnenities to serve area residellts al1d elnployees; to prohibit strip commercial developluel1t a11d e11collrage the clustering of COllllnercial el1terprises. AIl SUCll districts shall have direct access to a transportatio11 arterial and collector and be conl1ected to the Municipal water and sewer systelns of the City. ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT uPLANNED DEVELOPMENT" REPEALING CHAPTERS 1 7 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 37 C.." (... ... J~ RSC Regional Shoppi11g Cel1.ter Busil1ess District: The purpose of the RSC District is to provide for and permit the establishment of general and retail business uses that are intended to, and will serve1 the entire region of the Treasure Valley; to permit btlSiness uses that would be of a larger scale than in tIle COffilnunity Busilless District; to perluit the developlnel1t of a regional shopping cel1ter or Inall with adequate off~street parl<ing facilities and associated site alnenities to serve Ctlstoll1ers al1d elnployees; to prohibit strip cOll11nercial developmel1t and encourage the clustering of regio11al cOlnlnercial enterprises~ All such districts shall be located in close proximity to Inajar highway or principal arterial streets. All sllcll districts sllall be connected to the Mtlnicipal water and sewer systelTIS of the City~ IC. C-G General Retail And Service COl111nercial District: The purpose of the C-G District is to provide for COlll1nercial uses which are custolnarily operated entirely or almost entirely within a building; to provide for a review of the ilnpact of proposed COlTIlnercial tlSes which are auto al1d service oriented a11d are located in close proxilnity to Inajor highway or arterial streets; to flllfill the l1eed of travel- related services as well as retail sales for the transient and. perlnanel1t lTIotoring pllblic. All such districts shall be connected to the Municipal water alld sewer systell1S of the City, and shall not C011stitute strip comnlercial developlnent and encourage clustering of commercial developlnent. L. OT Old Town District: The purpose of the OT District is to aCCOlTIlTIodate al1d ellCQUrage further expal1sion of the historical core of the CO Inlnu11 ity; to delilleate a centralized activity center alld to encourage its rel1evval, revitalizatio11 and growth as tIle public, qLtasi-public, cultllral, fil1ancial and recreatiol1al cel1ter of the City~ A variety of tl1ese uses illtegrated witll gel1eral busi11ess1 l11ediul11..11ig11 to high de.nsity residential, alld other related uses is e11couraged. il1 an effort to provide tIle appropriate Inix of activities necessary to establish a truly urban City center~ The District shall be served by the Municipal water al1d sewer systelTIS of tIle City. Developlnent in this District lTIUst give attention to the llandling of high volulnes of traffic, adequate parldllg, and pedestrian Inovelnent, and to provide strip cOlnlnercial developlnent, and lnust be approved as a COl1ditiol1al use, unless othelWise perlnitted. M. TE Technical District: TIle purpose of the TE District is to perlnit al1d encourage the developlnent of a tech11ological parl<, il1Cludillg research al1d developlnel1t centers, vocational alld tecllnical scllools al1d compatible manufacturi11g, and wholesale business establishluellts whicI1 are clean, quiet and free of hazardous materials al1d that are operated e11tirely or almost entirely within el1closed structures; to delineate all area of adequate size to accomlnodate present and ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT HPLANNED DEVELOPMENT" REPEALING CHAPTERS 1 7 OF TITLE II AND CHAPTER 6 0 F TITLE 12 38 future compatible needs on lands w11ich are relatively free of ilnprovelnents, well suited for such use because of location, topography, access and utility service potential, and relatiol1ship to other land uses could render the District infeasible for its illtended use. The District must have direct access on two (2) or Inore transportation arterials or collectors, designed to convey large volumes of traffic through nonresidential areas to Inajar highways and thoroughfares. It lTIUst also be ill such proxilnity to ensure connection to the Municipal water alld sewer systelTIS of the City for domestic requiremel1ts. The District is furt11er desigl1ed to act as a bllffer betweel1 il1dustrial al1d higllway uses alld other less intellsive busilless a11d residel1tial uses, and to provide all el1vironlnelltally pleasing, safe and aesthetically pleasing employtnent cellter for tIle cOffilnllnity and tIle regioll. N. I-L Light Industrial District: The purpose of the I-L Light Industrial District is to provide for light industrial development and opportunities for elnployment of Meridian citizellS and area residents and redtlCe the need to COffilnute to l1eighbori11g cities; to el1CQUrage the developluent of lnallufacturillg al1d wholesale establishlnents which are cleal1, quiet and free of hazardous or objectionable elelnellts, such as 11oise, odor, dust, slTIol<e or glare and tllat are operated entirely or allnost entirely withi11 enclosed strtlctures; to delineate areas best suited for il1dustrial developll1e11t because of locatioll, topography, existing facilities and relationship to other land uses~ This District l11USt also be in such proxilnity to ellsure connection to the Municipal water and sewer systelTIS of the City. Uses illCOlnpatible with light i11dustry are not permitted, and strip developlnel1t is pro11ibi ted. o. M Mil1eral Extracti11g .Al1d Processillg District: TIle ptlrpose of tIle M District is to delil1eate those areas witlll<11own lnilleral resources a11d to set aside StIch land for the extractioll, processillg and storage of Ini11eral resources. This District is designed to assure that t11e i11trusiol1 on nOl1cOll1patible lal1d ltSeS does 110t preclude the extraction and processillg of said lninerals, and to assure that the extraction of these resources is so Inanaged al1d the land reclailned in such a Ina1111er that no hazard or l1uisance be created which either illllnediately or in tIle futltre lnay adversely affect the health, safety or general welfare of the COffil11unity. Milleral extractiol1, processillg and storage lnay be conducted only ill this District, and a land reclalnation pla111uust be prepared and approved prior to any extraction. Developlnel1t ill this District l11USt connect to City water and sewer~ P. FP Floodplaill Overlay District: The ptlrpose of the FP District is to guide developluel1t in the flood prone areas of al1Y watercourse tllat is COllsistellt with the requirell1e11ts for tIle cOl1veyance of flood flows, al1d to Inil1ilnize the expense a11d inC011veniel1ces to the individual property 0W11ers arLd the gelleral public ZONING REGULATIONS uCONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 39 (... through flooding. Uses perll1itted in tl1is District are generally associated with open space, recreatio11al a11d agricultural land uses and shall not 11inder the lTIOVernent of the flood waters~ (The FP District is superimposed over the other districts 9 ) Q~ MUR Mixed Use Review Areas: Those areas which, beCatlSe of their unique location and varied pote11tial need to be pla11ned as a wholeJ have been designated ill the Meridian COlnpre11ellsive Plan as lnixed use review areas. T11ese areas shall be developed a~ plal1ned developlnent~ general (PD C), and must be approved as a C011ditiol1al use. R. FTZ Foreign Trade Zone: The purpose of the Foreign Trade Zone is to permit the establishment of all area that is, or will be, in the Foreigl1 Trade Zone as granted by tIle Foreign Trade Zones Board to the City. Land. in this District may include areas, because of their unique location or near11ess to the Foreigt1 Trade Zone alld potential to be i11tegrated into the Foreig11 Trade Zone, need to be lilnited in tile uses to which they Inay be put. Uses in tllis Zone Intlst be approved tInder the desigIl review process. s. S-FTZ Sub-Foreign Trade Zone: The purpose of tIle Sub~Foreign Trade Zone is to perluit the establishlnel1t of an area or areas that are not in the Foreign Trade Zone as gra11ted by the Foreign Trade Zones Board. to the City but are areas, the uses of which have, or Inay have, an adverse ilnpact on the Foreign Trade Zone or the uses contained therei119 Lalld ill this District lnay include areas located adjace11t or 11ear the Foreigll Trade Zone and tIle uses l1eed to be lilllited so as not to calIse, or potelltially calIse, adverse ilnpact 011 the Foreigl1 Trade ZOlle or t11e uses contail1ed. thereil1. Uses ill this Zone lntlst be approved Ul1d.er the conditional use process. (Ord. 592,11-17-1992) SECTION 5. That Section 5. Subsection B. 7. of Chapter 13 of Title 11, Scl1edule of Parlcillg Space Requirelnel1ts, Mixed Uses, be, a11d the same is l1ereby anlended by adding additiol1alla11guage a11d deleting language, al1d the saIne shall read as follows: 11-13-5.B.7. Mixed Uses: WIle!1 2 or 1110re uses are located on the same zonir:.g lot or within tl1e saIne buildil1g, parl<.i11g spaces equal ill nUlnber to the SUlTIS of t11e separate reqtlirelnents for each such use shall be provided;-ft . No parlci11g space or portion thereof shall serve as a required space for more thall I ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE II AND CHAPTER 6 OF TITLE 12 40 ( (.:.:... ." use unless othetwise authorized by varial1ce or as part of a Plal1ned Developlne11 t approval as appro\'(ed b~y' the COffilnission. SECTION 6. That Section 1 of Chapter 8 of Title II, Zonillg Schedttle Of Use Control, Lalld Uses, of which is attached hereto as Exhibit "A" J be, and the salne is hereby amended by adding additiol1allanguage and deletillg language, and the same s11all read as follows: 11-8-1: ZONING SCHEDULE OF USE CONTROL: LAND USES LAND USES DISTRICTS A. RESIDENTIAL R-4 R~8 R-15 R-40 L-O C-N C-C RSC C..G OT TE M Apartment houses C C C C Boarding or lodging houses C C C C Cllildcare centers C C C C C C C C C Faluily childcare hOllle P.A P-A C C C C C C P-A Group childcare honle C C C C C C C C Home occupations P..A P..A C C l>-A Libraries C C C P Mobile haOle parks and. S llbdivisi ons C C C "M ul ti - f arl1 i Iy dwe II i ngs P P C C Paries, Public and Private P P P P Planned HH#: developlnent C C C C Ccneral planned. residential C C C C C C C C Planned residential develop 111cnt (PO) C C C C C Single-faoliJy d,velling P P P P P Three-faJnily d\velling C P P C Tvvo-falnily d\vclling du plex P P P B~ COMMERCIAL I~-4 R-8 R-IS R-40 L..G C~N C-C RSC C-G OT ~rE M Accounting services C P P P C P C Adn1illistrative services C P P P C P C Adult ~ En tertainnlen t Businesses Automobile repair shop C C Autonlobile service statiol1S C C C p C Automobile \vashing facilities C P C P P P Bakery stores C P P C P C Banl<.s and other financial estab I ish m en ts P C P C P C Bars, alcoholic establishn1ents C C C C C C Broadcasting, radio and TV C P C C C C C Bus and l~ail stations C P C Cemeteries C C Cllildcare cen ter C C C C C C C C C Churches C C p p C p ZONING REGULATIONS uCONDITIONAL USES" AND 41 SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE II AND CHAPTER 6 OF TITLE 12 Clinics (medicat dental and optical) Clubs and lodges Construction buildings, temporary COllvenience stores Departlnent stores Drive-in theaters, drive-i n estab lis h men ts Dry cleaning Entertainnlent centerSt indoor Entertainment centers, outdoor Faluily childcare h0l11e Garages, public Greenhouses, nurseries Group childcare home Home occupations Hospitals Hotels Laboratories (n1edical, dental and optical) Laundries, c0l11111ercial Lau ndro ma ts, sel f -service Libraries and 111useurns Mortllaries Motels Nursing hOllles and sanitariunls Nurseries and day care centers Parks" Public and Private Planned Development Plan.n.ed COI1-1ITlCrcial dcyclopn:cnt Planned unit dcvclopR~cnt C c I~cr.fll Professiollal al1d sales offices Public parking lots Public and quasi-public uses Public service facilit,ies Publishing and printing facilities (snlall) Radio alld TV Regional shopping center Resta tl ran ts Retaj 1 stores Retiremellt homes Research facilities Sales lots (auto, recreational, agricul turat etc.) School - Private, nursery School.. Public P Shopping centers. coulmunity Shopping centers, neighborhood Shopping centers, regional Storage facilities, indoors Storage facilities, outdoors Service stations ( c c c c c c p C c c c c c c c c c c p c p p C C C p C C C I) C I) PDR I) C c c c c c c c .P C p C C C C P C p C C C p C I) C C C C C p C C C p C C p p p C C P P C C p p C C p C C P C C PDR PDR P C C C C p C C p C p c c p c p p p c p p p p p p c p C C c p C C IJDR p C p C c c c p p p c c c c c c c P-A C c c c c c c p C C c p C P c p C PDR c c c c c c c c c c ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE II AND CHAPTER 6 OF TITLE 12 c c c c c c c c C P.A c c c c c c c C P-A C c c c c c c c p c p c p c c c c c c c c c c c c c c C PDR PDR PDIZ C C C P C c p c p c p c c c c c c p c c c p p c p C C c c PDR c p c c p p c c c p c c c c c c c c p c c p p C p C p c p p PDR DR p C p C p C p p p c p c c p C p p p 42 Truck stops Technical school - (with curricula related to the principal uses) Veterinary clinics and hospitals Wholesale facilities (Ord. 55?, 10-1-1991; amd. Ord. 592f 11-17-1992) p c p c p p p c C. INDUSTRIAL R-4 R-8 R-15 R-40 .L-O C-N c-c RSC C-G OT Apparel n1anufacturing Asphalt and concrete Autoll1obile \vrecking yard and. storage Bakery products Bottling and packaging Bulk storage (flaJnnlable liquids or gases) Cabinets, doors, toys and other secondary wood products Carpet and dry cleaning Contractors yard Electrical supplies and appliances Electronic equipment and products Equiplncnt - heaVYJ farm, etc. (sales and repair) Fabricated. metal products (except foundry operations) .Feed, seed and fertilizer store Film laboratories Fuel yards [nd llS trial researcll InstrtlOlents Junk yard Leather products (except tann ing) Lunlber yards Machine shop Mobile home Inanufactu ring Motor vehicle repair Molded. plastic products Office machines Photographic equipment Parks, Public and Private Planned Development Planncd unit dcvcloptllcnt Ceneral Planned unit dcvclopnlcnt Industrial Printing and publishing Processing plants Public utility yards Railroad yards and shops Recycling plants Small machinery and C01l1pOnent parts Soli d \vaste trans fer sta ti 0 ns Warehousing and ,;yholesaling c p c c c c c c c c p c c c c c c c c c c c c c c c c P = Pern1itted Use C = COllditional Use (Ord.557f 10-1-1991) ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE II AND CHAPTER 6 OF TITLE 12 P-A = Permitted as Accessory Use DR = Design Review p C C p c p p p p TE M p p p c p p c p ]) .P P P p c p p p C p p C C p P l> P P P P P C C :p p C p p p P C p p p p 43 D~ Livestocl< And Poultry Prohibited; Exceptiol1: Witllin allY of the zoning districts of the City, it shall be unlawful to use the land for the lceeping or housing of pOllltry or livestocl<. AIl poultry or livestocl< presel1tly l<ept or maintained prior to the passage of the Ordinance codified in this subsection shall be allowed to COl1tinue until the property that they are l(ept on or maintained on ceases to be used for such purposes for a period in excess of one year and after that one year, poultry or livestoclc may not agaill be able to be l(ept or lnaintained on that property; provided, that said property was being legally used to lceep or lnaintain poultry or livestoclc prior to adoption of the Ordinal1ce codified in this Title; and1 provided7 however, that property preselltly or sllbsequently zoned for the use of lneat or poultry processing shall be allowed. to lceep or Inaintain poultry or livestocl(~ (Ord. 524, 4-3-1990) SECTION 7: That Chapter 17 of Title II uCOl1ditional Uses" Zoning Regulatiol1S of the Meridia11 City Code1 be, al1d the saIne is hereby repealed. SECTION 8: That a l1ew Chapter 17 of Title II "COllditional Uses" Z011ing Regulations of the Meridian City Code, be7 al1d the saIne is hereby enacted to read as follows: CHAPTER 17 CONDITIONAL USES SECTION: 11-17-1: 11-17-2: 11-1 7 -3 : 11-1 7 -4 : 11-17-5: 11-17-6: 11..17-7: 11...17 -8: 11-17-9: 11-17-10: 11-17-11: General Contents Of Conditional Use Application General Standards Applicable To All Conditional Uses Supplementary Conditions And Safeguards Procedure For Hearing And Notice Action By The Commission Appeal Of Commission Action Action By The Council Appeal Of Council Action Transfers & Modifications Revocation 11-1 7 -1 : GENERAL: Conditiol1al uses by definitiol1 have characteristics which require that the proposed use be reviewed a11d. evaluated by the COlTIlnissiol1 al1d Council as to whether or not the use will be detrilue11tal to other persol1s7 property or uses it1 the vicinity~ The COlnlnissiol1 shall hold a public 11earing on eacll COllditional use applicatiol1, al1d shall reCOlTIl11end approval, denial or Inodificatiol1 of the application to the Council. Recoffilnendatiol1S for approval or lnodification shall include conditions deelned l1ecessary to i11sure cOlnpatibility of tIle developlnel1t with other uses in the vicinity and such additional safeguards as are necessary to uphold the illtent of this Ordinance. ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT uPLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 44 (~.. . i~ (,. .. . . 11-17-2: CONTENTS OF CONDITIONAL USE APPLICATION: AIl applicatio11 for a COl1ditional use perInit shall be filed with the Zoning Administrator by tIle owner or representative of the OWller of the property for which such conditiol1al use is proposed, using a fOIln provided by the Administrator~ A fee as established by the Council sllall be paid at the~. tilne of fili11g, as required by Sectiol1 11-19-3 of this Ordinance~ At a Inil1ilTIUlTI, the applicatiol1 shall contain the following inforlnatiol1: A. NatTIe, address, phone alld. fax l1ulnbers, al1d e-Inail address (if available) of the applicant; B. NatTIe, address alld phone nUlnber of the OWller of subject property; c. Legal description of the property; D. Proof of ownership of subject property (vvarral1ty deed); E. Notarized consent frolll titled owner of property. (If owner is a corporation1 Articles of Incorporation or other evidel1ce showing the person signing is an authorized representative) ; F. One (I) copy of a vici11ity map (1 u=300'); G. A plal1 (vvitil a scale of 110t less thaIl I" =50~) of tIle site for the conditiol1al use. Twenty- five (25) copies sllall be provided witll the applicatiol1. Tl1e site plan sllall include the followi11g: 1. Bllildillg location(s) 2. Parl<.illg al1d loading areas 3~ Traffic access drives 4. Traffic circulation patterllS 5. OlJen/cOlTIlnOn areas 6. Refuse & service areas 7 ~ Utilities plan (sewer, water, irrigation and stornl drail1age) 8. Sigtl1ocation(s) and overall dilnensions (sign elevations recomlnended) 9. Residential lot configuratiol1 (applicable to Planned Developlnents with residelltial tlni ts ) H~ La11dscape Plan per City Ordi11ance Title 12, Chapter 13 I~ Buildil1g Elevations of nortll, sotlth, east a11d west views on 8 1/2" X 11" sheets ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS I 7 OF TITLE II AND CHAPTER 6 OF TITLE 12 45 J. Construction Inaterials; !(. One (1) 8 Y2" X II n reductiol1 of the site plall; L. List of property owners within 300'; M. A narrative describing the characteristics of the property that lualce a COllditional use desirable and a detailed descriptioll of tIle proposed uses a11d any existillg uses. N. A fee established by the Council; o. A signed affidavit that the property will be posted with a hearing sign OIle (I) weelc prior to the scheduled public hearings; al1d P. The COlltents of the application shall be verified by the applicant or representative. A statelnent shall be sublnitted stati11g that he/she has read the contents thereof alld. verifies that the inforrnatiol1 contail1ed i11 the application is true and correct. 11..17..3: GENERAL STANDARDS APPLICABLE TO ALL CONDITIONAL USES: The COlnmission and COU11Cil shall review tile particlllar facts and CirCU1TIstances of each proposed conditional use in ternlS of the followi11g, and may approve a COllditiollal use permit if they shall find evidence presellted at the hearing(s) is adequate to establish: A~ That tile site is large el10ugh to aCCOlTIlTIodate the proposed use and all yards, open spaces, parldl1g, landscapillg al1d other features as Inay be required by this Ordil1al1ce; B. That tIle proposed use al1d developlnel1t plan will be 11arlnonious with the Meridiall COlnprellel1sive Plan and in accorda11ce with t.he requireme11ts of tllis Ordinallce; c. That the desigl1, construction, operation and Inai11tenance will be compatible with other uses il1 tIle general neigllborllood al1d witll tIle existing or intel1ded c11aracter of tIle general vicinity and that StIch use will not adversely c11ange the essel1tial c11aracter of the saIne area; D. Tllat the proposed use, if it COl11plies witll all co.nditions of the approval il11posed:r will .not adversely affect otl1er property in the vicinity; E. That t11e proposed use will be served adequately by essel1tial public facilities and services such as l1ighways, streets, schools, parIes.!. police and fire protectio11, drai11age structures, refuse disposal, water, sewer; or that the persoll respOllsible for the establis111nellt of tIle proposed conditio11al use shall be able to provide adequately any SUCll services; ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT uPLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 46 F. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrilnental to the econolnic welfare of the cOlnmunity; G. Tllat the proposed use will not il1volve activities or processes, materials, equipment and conditions of operatiol1 that will be detrilne11tal to any persons, property or the general ^ welfare by reason of excessive prodllctiol1 of traffic, noise, slTIol(e, fumes, glare or odors; H~ Tllat the proposed use will have vehiclllar approaches to the property Wllich shall be so designated as 110t to create interferellce with traffic on surroullding public streets; and I~ That tl1e proposed use will 110t result ill the destrllction, loss or damage of a natural, scenic or l1istoric feature considered to be of major ilnportance. 11-1 7 ..4 SUPPLEMENTARY CONDITIONS AND SAFEGUARDS: A. In approving al1Y conditional use, the COlnmission and COUI1Cil shall prescribe appropriate conditio11S, bonds and safeguards ill COllforlnity witll this Ordinance~ Violatio11S of such COllditions, bonds or safeguards, which are a part of the terlTIS under which the conditional use is granted, shall be deemed a violatiol1 of the Ordinallce and lnay constitute grounds to revol(e the COl1ditional use. B. A C011ditio11al use pertuit, whel1 gral1ted, shall be valid for a maxilTIUll1 period of eigllteen (18) lnonths u111ess otherwise approved by tile COtlllCil. Dllring this tilne~ the perluit holder 11111St COlTIlnenCe tIle use as perlnitted in accordallce with the conditions of approval, satisfy the reqllirel11e11ts set fortll ill the conditions of approval, and acqtlire btlildil1g perlnits a11d COll1lnence C011structiol1 of perll1al1ellt footil1gS or structllres on or i.11 tIle grOUlld9 In tllis C011text Ustrllctures" shall il1clude sewer al1d water li11es, streets or btlildi11g COllstructioll. TIle applicant shall specify in the applicatioll al1d to the COlnll1issiol1 alld COU11Cil a constructio11 schedule alld cOlnpletio11 date of the project. If the cOlnpletiol1 date specified for the project is exceeded, the conditio11al use application shall becolne null and void. HOV\7ever, the applicant may sublnit an applicatioll for a time extel1sion on the project for City COUI1Cil review~ The applicatiol1 for tilne extel1siol1 shall be sublnitted thirty (30) days prior to the deadline for cOlnpletio11 of tile project as specified by t11e applicant9 For projects requiring platting, the final plat Inust be recorded within this eigllteel1 (18) 11lonth period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the developlnellt is Inade ill successive contiguollS segIne11ts or lTIultiple pllases, such phases sIlal1 be constructed within successive intervals of one (I) year froln the original date of approval by the Council. If the successive phases are 110t Sublllitted, wit11in tIle one (I) year il1telVal, the conditional approval of the future phases shall be l1ull a11d void. The applical1t lnay request a tilne extensiOl1 thirty (30) days prior to tIle expiration. ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE 11 AND CI-IAPTER 6 OF TITLE 12 47 ( c. The COlnlnission and Council may also prescribe a tilne period within which the perlnit shall be cOlnpleted, perfected or b011ded. If the conditions of approval are 110t cOlnpleted or bOl1ded within the specified tilne period, the permit shall lapse. D. If reqttested ill writing prior to expiratioll, and tlpOll reCOlTIlnel1dation by the COlTIlnissiol1, the Council may gral1t a one (I) year extension of a COl1ditional Use Pertuit for which worl( has 110t beel1 COlll1nenced. Before recol111nel1ding such extel1sion1 the COffilnissiol1 shall deterlnil1e w11ether sigllifical1t alnendl11ents to the COlnprehel1sive Plan or ZOlling Ordil1al1ce will apply to the conditio11al use pertuit. TIle project s11all be evaluated by the followil1g criteria: If sigl1ificant land llse cllanges have occurred in the area which will impact, or be ilnpacted by the project; whether hazardolls situatiol1S have developed or have been discovered in the project area; and whether cOlnmunity facilities and services appear to 110 longer be adequate for the project~ If any of the foregoing is found to exist with regard to the project for whicl1 the extel1sion is soug11t, the extension shall not be granted al1d a public hearil1g s11all be required, with a new applicatiol1 and fee sublnittal in accordance with currel1t plalls and ordinallces. No 1110re than two (2) o11e.(I) year tilne extel1sions Inay be gra11ted to a sil1gle conditiol1al use perIni t. 11~17-5 PROCEDURE FOR HEARING AND NOTICE: Prior to approvillg a conditiol1al Use perlnit, t11e applica11t al1d the COffiluission a11d Council shall follow notice and Hearing procedures provided in Sectiol1 11-15-5 of this Ordinance~ llw17-6 ACTION BY TI-IE COMMISSION: Withill forty-five (45) days frol11 tIle hearillg, tIle COlTIlnissio11 shall trallSluit its reCOlTIlUendatiol1S to the COUI1Cil wit}l sllpportive reasons~ TIle COlnll1issio111nay COl1tinue the matter froIn Ineetil1g to Ineeting if it fil1ds that it does 110t have Sllfficient il1forll1atiol1 to malce a decisioll~ The COffilnission shall recomlnelld that the applicatioll be approved with C011ditions, approved with lTIodifications and conditio11S or del1ied~ The COlnmissiol1 sllall insure tllat any approval of an application with conditiol1S, shall be in accordal1ce with the COlnprehensive Plan, tllis Ordinance and State Law. 11-17..7 APPEAL OF COMMISSION ACTION: See Sectiol1 II-15M?, Z011ing AInendlnent Procedures. 11-1 7 -8 ACTION BY THE COUNCIL: A. Hearing- See Sectioll 11-15-5, Zonil1g AInendlnent Procedures. B. Upon gra11til1g of a COllditiol1al use perluit, COllditiol1S lnay be attached to the perluit , but 110t lilnited to, those conditions Wllich: ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE II AND CHAPTER 6 OF TITLE 12 48 (~.-... (. 't........ .. 1 ~ Miniluize adverse ilnpact on other developme11ts; 2. Control the sequence and timing of developlnel1t; 3. Control the dtlration of developlnent; 4. Assure that the developlnent is Inail1tained properly; 5. Designate tile exact location a11d- nattlre of tIle developlne11t; 6. Require the provision for 011-site or off-site pllblic facilities or services; 7. Require lllore restrictive stalldards than those generally required il1 this Ordinance; al1d 8. Require Initigatiol1 of adverse il11pacts of the proposed developlnent UpOl1 service delivery by any political subdivision, inclllding school districts1 which provides services within the planni11g jurisdictiol1. c. Prior to granting a conditional use perruit1 the Council may request studies from tIle plal1nil1g or public worl(s staff, or public agencies concerning the social, econolnic, fiscal, or environlnental effects of the proposed conditiol1al use~ A COllditional use permit shall not be COl1sidered a binding precedellt to gral1t other conditional use perl11its. 11-17-9 APPEAL OF COUNCIL ACTION: For reqllired procedures, Adll1illistrative ProCedtlres Act of tIle State of Idaho, Idallo Code Sectio.n 67 -5215 b tllrough & 11-17-10 TRANSFERS AND MODIFICATIONS: A. With the exceptioll of 110me occupatio11 and childcare facilities.! S;011ditiol1al tlSe perlnits, once approved by the Comlnissiol1 and Council, run with tIle land, and upon sale of the subject property are transferred to l1ew oWller(s) withollt furtller application or approval; provided however, the new oWller(s) sllall be bOU11d by the saIne tilne limits and conditions of appro\ral as the original perluit holder(s). A conditional use permit is not transferable frolll one parcel of land to al1otller. B. Conditiol1al use perlnits for home occupation al1d!or childcare facilities in allY district may be transferred froIn old OWl1ers to new 0W11ers or old occupants to new occupants for the saIne use for Wl1ich the origillal conditional use was granted by petitiol1ing tIle City Council. The City COlII1Cil sllall hold a public l1earing on tIle petitioll after notice of said hearing havil1g bee111nailed by first class lnail to all property owners wit11il1 t11ree l1undred feet (300') of the external boundaries of the subject lal1d~ ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 49 c. Upon writtel1 applicatiol1 by t11e 110lder of a COl1ditional use perInit, and follo"Wi11g a hearing and recolnmendation by the COlTIlnissiol1, the Councillnay modify the COllditiol1S, lilnitations and/or scope of the permit, in accordance "With the lilnitations and requirements of Section 11-1 7..3 of this Ordinallce~ The Council may delegate to the COlnlnission and Zoning Administrator authority to COl1sider and approve or deny specified Ininor lTIodifications, provided such modificatiol1 was not the subject of appeal durillg the original public hearing alld "Will not adversely impact adjacent properties~ Such lninor Inodificatiol1S il1clude btlt are not lilnited to the follovvillg: 1. Staff Level Revie'\v: a~ A reduction in density not exceeding twenty-five percent (25%) of the total units. b~ Minor relocation of dwellillg units or building pads for practical reasons, such as road aligl11nent, topography or access~ c~ Mi110r cllal1ges to tIle recreation area or open space desig11, but 110t elill1inatioll or sigllificant reduction in area. d. Increase in buildi11g square footage, 110t exceeding twenty percent (20%), provided that the parlcing and lal1dscaping reqllirelnents are lnet. 2. COllllnission Review: a. A sigl1ificant chal1ge il1 the development phasing plal1. b ~ Clla11ge in proposed setbaclcs. 11-17-11 REVOCATION: A conditiol1al use pertuit Inay be revolced or lTIodified by the City Council, upon notice and hearing, for breach or violation of any condition of approval or liluitation of the perlnit. If City COU11Cil decides to revol<e a COl1ditiol1al use1 either on its OWl1 action or upo"n complail1t to the City Council, The Council shall notify tIle pertuit holder of its intel1tion to revol<e the COllditiollal Use Pertuit al1d provide the permit holder "With the opportunity to contest the revocatio11~ Fifteen (15) days prior notice of the hearing shall be givel1 to the pertuit holder and all property owners "Within three hU11dred feet (300') of the boundaries of the land w11icll was iSStled the perlnit. City Council shall In ale e fil1dings of fact and conclllsio11S of lavv supporting its decisiol1 to revol<e the conditio11al use perlnit~ If the COU11Cil does 110t decide to revol<e tIle C011ditionalllse perluit, 110 fi11di11gS of fact and COllclusions of la,iV sllall be Inade. An aggrieved perluit holder or cOlnplail1ant lnay appeal the decision of the City COUI1Cil under tIle Adlninistrative Procedures Act of the State of Idaho, Idaho Code Sectioll 67-5215(b) through (g). (Ord. 592, 11-17-92) ZONING REGULATIONS "CONDITIONAL USES" AND 50 SUBDIVISION AND DEVELOPMENT uPLANNED DEVELOPMENTJ' REPEALING CHAPTERS 17 OF TITLE II AND CHAPTER 6 OF TITLE 12 ( .. SECTION 9: That Chapter 6 of Title 12 uPlanned Development" Subdivision and Developluent of the Meridian City Code) be, al1d the saIne is hereby repealed. SECTION 1 0: That a new Chapter 6 of Title 12 uPlal1ned Developlnent" Subdivision and Development of the Meridian City Code, be, and the saIne is hereby enacted to read as follows: CHAPTER 6 PLAt1\INED DEVELOPMENTS SECTION: 12-6-1: 12-6-2: 12-6-3 : 12-6-4: 12-6-5 : 12-6-6: 12-6.. 7: 12-6-8: Purpose Planned Development Standards Use Exceptions Residential Uses Planned Developments In Old Town Developer Incentives And Benefits Application Procedure Term Of Permits 12-6-1 : PURPOSE: A planned developmel1t (PD) is a parcel or cOlnbinatiol1 of parcels of lal1d whicl1 is plallned and developed as a unit under single ownership or control. It may COl1tai11 one or a lnixture of uses, types of buildings, as well as COInInO!1 open space, c!llstered developll1e11t and/or recreatiol1al facilities. TIle purpose of the plal111ed developlllent process is to provide opportul1ity for lal1d developlnent tllat preserves al1d lltilizes l1attlral topographic, geologic alld scenic featllres; allows a more efficient pattern of reside11tial, cOlnmercial and industrial uses; fosters il1110vative desigt1 c011cepts and promotes flexibility in site desigt1; and provides for COlnlTIOl1 open space or other alne11ities 110t found in traditio11allot-by-lot developlnel1t. The plal111ed development process allows the Comluission and Council to allow lTIodifications from the developlnent standards of the underlying zone in order to el1CQUrage Inixed-use projects, a11d to perInit secondary uses which are integrated with al1d support the primary use. Detailed plall11ed developlnel1t applications require a conditional use applicatiol1 and are subject to all conditional use procedures set forth ill Cllapter 17. Concepttlal planned developlnent applicatiol1S require a C011ditional use applicatiol1 and are subject to all COl1ditiol1al use procedures set forth it1 Chapter 17, except for Section 11-17 ~2 -I & J (buildil1g elevations and constructiol1 Inaterials/colors). ZONING REGULATIONS uCONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS I 7 OF TITLE II AND CHAPTER 6 OF TITLE 12 51 (" ~. . 12-6~2: PLANNED DEVELOPMENT STANDARDS: A. The Council may approve plal1ned developlnents, Up011 recomlue11datioll by the COll11nission, i11 accordallce vvith the follovvi11g stal1dards; I. Deviations froIn the developlnel1t standards alld/or area requirelnents of the underlyil1g zone Inay be approved. 2. Residential del1sity in a pla11ned developluent shall be calculated by lTIultiplying the net residential area (gross acreage less office, cOffilnercial, or industrial use area) by the maximum number of dwelling units per acre allowed for the zoning district ill which the site is located. If there is no maxilnum density guideline for the zoning district vvithin which a planned development is proposed, the maximtlffi allowable density shall be fifte en (15 ) units per acre. 3~ AInenities: Two or more of the followil1g amenities shall be provided as part of each planned development: a. La11dscaped open space of at least ten percellt (1 0%) of the gross area, exclusive of required street buffers and buffers betweel1 inCOlnpatible land uses~ (Landscaped open space is mal1datory for all developluents and minimum Landscape Ordinance requirelnents vvillll0t be COul1ted as all alnenity for the purposes of this provisiol1.) b~ Private active recreational facilities such as a playground1 piCllic area, basl<etball or tennis court, SvvilTIlning pool, clubhouse, etc., of a size suitable to Ineet the l1eeds of the developlnent. c. Provision for addition or public access to a neighborhood parle or other public opel1 space. d~ A public pedestriall or bicycle circulation systelTI within the project (exclusive of required sidewall<.s adjacent to public right-af-way) and connectil1g to existing or pla1111ed pedestrial1 or bicycle routes outside the project (as designated ill the Meridian Parl<s Departl11ent Pathway Plan), desigtled alld constructed in accordance with standards set fortll by tIle Meridian ParIes COlnmission. e~ Other al11e11ities appropriate to tl1e size a11d uses of the proposed development, as lnay be proposed by the applicant and approved by the Comlnission al1d Council. ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 52 (.. . j. \.. 4. All residential planned developlllents shall provide each dwelling Ul1it with at least one hundred (100) square feet of useable private open space1 such as patio or declc. The COlnlnission and Council shall judge eac11 project on its 0W11 qualities, alld may recolnlnend deviations froIn this open space requirement when it is satisfied that the private and COlnmon open space proposed Ineets the intent and pllrpose of the ordinance. 5. Setbaclcs: Along tIle perip11ery of the pla11ned development, the applicable setbacl<s as establisl1ed by the zOlling district in which the project resides shall 110t be reduced. Specialland.scape buffers betweel1 differil1g uses as set forth in tIle La11dscape Ordil1ance (Title 12, Chapter 13) shall apply to plal111ed developl11ents. Attac11ed structures Inay be perlnitted in planned developlnents with strict cOlnpliance wit11 the Ul1iforlTI Building Code reqllirements for party al1d fire separatiol1 walls. The IninilllUlTI separation between detached structures shall be ten feet (1 0') unless fire or building codes require greater separation. 6. Driveways1 streets and pathways: Driveways to one: and two:falnily dwellings shall not be less thall nine feet (9') in widtll. Service driveways, drive-through lanes al1d escape lanes shall have a IninilTItllTI width of ten feet (I 01) per lal1e, without parl<ing on either side. Publicly dedicated streets shall be designed and constructed to Ada COUl1ty Higllway District standards. Private streets lnay be approved by the COUl1Cil and the followil1g road.way standards sllall apply: a. Up to three (3) dwelling Ul1its with a roadway less tllal1 two hllndred feet (200') i11 lel1gth - twenty-four-foot (24') roadvvay with a five-foot (5') sidewall( 011 one (1) side located. ill an easelne11t. b~ Up to three (3) dwellil1g tlnits with a roadway greater thaIl two 11undred feet (200') in length - twe.nty-eight-foot (28') roadway with a five-foot (5') sidewallc on one side located in al1 easemel1t. c. Fottr (4) to ten (10) dwellil1g llnits on a roadway less thal1 two hUl1dred feet (200') illlengtll) - twellty-follr-foot (24') roadway with five-foot (5') sidewall( on botll sides located within an easelnellt. d. Four (4) to tell (10) dwellillg units 011 a roadway greater than two hundred feet (200') in lengt11) - forty-two-foot (42') right..of-way with tvventy-ni11e..foot (29') section froll1 bac1< of curb to bacIc of ctlrb;r with five-foot (5') sidewall<s required on both sides. ZONING REGULATIONS t'CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 53 e. Eleven (II) or more dvvellil1g units - forty-two-foot (42') right~of~way with a twenty-nine-foot (29') section and five-foot (5') sidewallcs 011 both sides. f. Construction standards (i.e., gravel base, pavelnent depth and cOffilJaction testing requirelnents) of all private roads shalllneet t11e standards of Ada County Hig11way District for a local road. 7 . The c011cept and detailed conditional use applicatio11S are both subject to the public hearing requirelnents of Section 11-15-5 and Conditional Use Requirelnents of Cllapter 17. 8. Concurrent review of other applications Inay be required. 111 cases where a subdivision is being proposed or would be required, concurrent review of t11e detailed. conditional use alld subdivisio11 plat is required when tIle Zonillg Adll1inistrator detern1ines that regulatiol1S of tIle subdivision ordi11a11ce apply to the design of the proposed developluent. 12-6-3: USE EXCEPTIONS: Upon reCOlnlnendation of the COlTIlnission, the COU11cillnay authorize specific uses not normally perlnitted by the use regulatiolls of the zone in which the developlnellt is located. III gra11ting such autllorizatiol11 the Comlnissioll and Council shalltnal(e the follovving fi11dings: I. The uses perlnitted by tIle exceptioll are strongly related to the prillcipal use of the developlnel1t, a11d have the purpose of providil1g services or facilities useful or COll1plelne11tary to the prilnal)' use. 2. No 1110re tllall twel1ty perce11t (20%) of tl1e total area of the project shall .be devoted to the uses perlnitted by the exceptiol1. The percel1tage of use exception allowed will be deterl11il1ed by the COll11Uissioll al1d Council based llpon the size of the project and i11tensity of the use exceptiol1S. 3. The developlnent vvill be phased so that COllstruction of the excepted use or uses will be justified by COl1struction of all or a proportio11ate alnOltnt of the principal or prilnary use or uses. 4. The uses permitted by tIle exceptioll are il1tegrated into the overall project by: a. Beil1g located ill proxilnity to alld withi11 convel1ient walldng distance of the primary llses~ ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 54 { \" (. . b~ Utilizing OIle or Inore of the lnain vellicular accesses to the prilnary use site as the Inain access to the exception site or interc011nection tllrougll a systelTI of private roadways and/or pathways. c. Providing pedestriall a11d bicycle pathway con11ectiollS with the primary use site~.. d. Oriel1til1g btlildil1gs 011 the exception site to facilitate vellicular and/or pedestrial1 access frDIn the prilnary use site. e. Contil1uil1g architecture, landscapillg, al1d bllilding bulle concepts froIn the prilnary use illtO the use of tIle exception site so they are consistel1t and harlnol1ious throughout the developlnent. 5. The ttse(s) perlnitted by tIle exception are neighborllood: or COlnlTIUnity:serving in size and character al1d not regional, al1d are 110t detrimental to adjacent neighborhoods in location and cllaracter. 12~6-4 RESIDENTIAL USES: A. A variety of housil1g types lnay be included within a single pIa.nned development, includil1g attaclled units (townholnes, duplexes), detached units (patio hOlnes), sil1gle falnily and lTIulti-falllily U11its, regardless of the underlying zOlling classification of the site, provided that the overall density limit of the zone is Inaintail1ed~ B. Reside11tial I11fill Planlled Developlnents: Lots and parcels of five (5) acres or less vvitllin the City of Meridian, Wl1ich are located il1 areas already substal1tially. developed [at least eight perce11t (80% )of t.he Ialld area withi11 tllree hundred. feet (300') of the .bouI1daries of the parcel], al1d to which lTIUllicipal services (sewer, vvater, fire, police and schools) are alread.y available lnay qualify for infill developlIlent~ UpOll reCOlTIlnendation of the COlnmissiol1, the Councillnay approve exceptiollS to Section 12-6-2 as follows: I. The applicant shall submit "With the C011ditio11al use application1 verificatiol1 that the site qualifies as all infill site. Tllis verificatiol11nay be in the forill of recent aerial photographs. 111 addition, the applicant shall provide documentation of the availability to the site of water, sewer, fire flow a11d fire protection and school capacity. 2. The COU11cillnay allow up to a twelltyw.five percent (25%) increase ill the density allowed for the site llllder the zone as an i11fill incel1tive. 3. The COUI1Cil may also grant a waiver of the alnenity requiremel1t set fortll in Section 12- 6-2 with a recommendation from the COlnlnission. ZONING REGULATIONS uCONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS I 7 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 55 ........ ... . ( .. i~ .. f . ~~~:.: . . 12-6-5 PLANNED DEVELOPMENTS IN OLD TOWN: Proposed planned developments in the Old Town zonil1g district which include a Inixture of residential and COlTIlnercial or office uses shall be allowed a maxilnulll reside11tial density of forty-five (45) dwellings per acre, and the followil1g developmel1t standards: Mi11imlllTI Lot Area; No IninimUlTI Front Setbaclc: 15 feet Rear, Interior Side, Street Side Setbacl<.s: 0 feet MaxilnUlTI Lot Coverage: 100 % of non-setbacl< area MaxilTIUln Building Height: 40 feet Minilnum Street Frontage: No IninilllUlTI 12-6-6 DEVELOPER INCENTIVES AND BENEFITS: A. Plan11ed d.evelopll1ents are intended to provide particular benefits to t11e public and to the developer through the Inixture of uses and i11tegrated nature of the projects. Pllblic bellefit is e11sured by the provision of public improvelnents and tIle alnenities required by Section 12- 6-2, al1d, for infill developlnellts~ by the increased efficiel1CY of the use of land and public services. To provide the developer witll an incentive to utilize the pla1111ed developlnent process, tIle followi11g deviations from cOllvel1tiol1al developlnellt stalldards may be illcOrporated into a planned developlnellt proposal: 1. A variety of 11ol1sing types l11ay be il1cluded i11 tIle plall11ed developlnent. 2. The nlinilTIUlTI lot size for each buildi11g alld setbacl<s for buildings witlli11 the project Inay be reduced belo,JV those llorlnally reqtlired for the zOlling district. 3. PI allned. developlnellts lnay include private streets and service drives, if d.esiglled and constructed to Ada County Highway District standards and in accordal1ce witll Section 12-6-2MOA.6, and as approved by the Council. 4. Uses not 110rlnally perlnitted ill tIle zOlling district l11ay be allowed as part of a planned developluellt, up to the twenty percellt (20%) lilnit established il1 Sectiol1 12-6-3 of this ordil1al1ce. 5. Bllildil1gS lnay be clustered to preserve scellic or ellvironlnel1tally sel1sitive areas il1 the llatural state, or to consolidate slnall opel1 spaces illtO larger, lTIOre usable areas for COlTIlTI011 use alld enjoYlne11t. 6. The conditiol1S of t11e approval established for a large plan11ed developlnent shall be consistently appli~d to each subsequent pllase of the developlnent, ull1ess specifically ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT uPLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE II AND CHAP~rER 6 OF TITLE 12 56 agreed to otherwise during tIle approval process, or ul11ess Inodified per Section 11-1 7- 10. 7. A residential del1sity bonus may be given for dedications of land for public use as school, park.) fire station or recreational facility provided to the public entity by donation or at a cost less thart, or equal to, the applicant's pre-development cost for that land. The bonus shall not exceed ten perce11t (10%) of the units permitted by the zone 011 the undedicated portion of the land~ 12-6" 7 APPLICATION PROCEDURE: A. Prior to the subInission of an application for a planned development, the applicant shall contact the Planning Department and arrange for a pre-application conference with the planning and zoning staff. The purpose of this cOl1ference is to provide guidance to the developer in preparing l1is applicatiol1. Tllerefore, the developer should request the Ineeting well before preparing tIle application materials. A draft site plan and preliminary plat map (if required) shall be available at the pre~applicatiolllneeting. B. A planned developlnent lnay be sublnitted and processed as a concept plan. The applicant must specify the applicatiol1 and site plal1 that c011cept approval is being requested. A cOl1cept approval is a statelnel1t by the City of Meridian that a gel1eral development pIal1 including the arrangelnellts of uses, del1sity, locatiol1 of Inajar streets, open spaces, utilities, etCt) is acceptable~ A cOl1cept review allows the applicant to obtain approval of a general developlnent plan without incurring the expense of detailed building plal1s until after cOI1cept approval~ It provides tile developer and the City with guidelines for the desig11 of each phase of the project. Supporting inforlnatiolllnay be required by the Z011il1g Administrator on issues of Inajor ilnportance for tIle project. Each phase of a concept approval requires detailed conditional use approval through a l1ew applicatioll, fee and public hearing. The only exception to the detailed conditio11al use requirement is single falnily dwellings proposed as the prilnary use within a developme11t. The single-faluily dwelling portioll of the project shall be reviewed i11 detail under Subdivision Requirelnents of C11apter 3. c. Every plal1ned developnlel1t requires a conditional use applicatio11, includil1g all plans a11d inforluation required by Chapter 17. C011ceptual planned developments are exelnpt froIn Sectio11 11-1 7 -2 (I & J), all other provisions shall apply. Phasing plans shall be illcluded if the project is to be phased~ The application is subject to the public hearing requirelnents of Sectiol1 11-15-5 and Chapter 17. D. Concurrent review of other applications lnay be required as determined by the Zonil1g Administrator. III cases where subdivision platti11g would be l1ecessaryJ concurrent review of the conditional use (for detailed pla11ned developlnel1t applicatio11s) is required. ZONING REGULATIONS "CONDITIONAL USESu AND 57 SUBDIVISION AND DEVELOPMENT uPLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE II AND CHAPTER 6 OF TITLE 12 E9 Processil1g of the applications a11d actions of the COlTIlnissiol1 al1d COUI1Cil are the same as otller COl1ditional use applicatiol1s. 12-6-8 TERM OF PERMITS: Il1itiation of worl< on an approved pla1111ed developlne11t lTIUSt tal<e place within eighteen (18) lTIonths, as set forth in Section 11-17 -4. All phases of the planned developmel1t shall be cOlnpleted withil1 five (5) years of tIle date of approval; approval of any Ul1initiated phases will lapse after t11at tilne u11less a tilne extel1sion is granted by the COUllCil. SECTION II: All ordil1a11ces, resolutiollS, orders or parts thereof il1 COl1flict l1erewith are hereby repealed, rescil1ded and annulled. SECTION 12: VALIDITY: The Meridian City Council hereby declares that allY section, paragraph1 sentence or word of this Ordil1ance as adopted and amended herein be declared for al1Y reaSOl1 to be invalid it is the intent of the Meridian City Council that it would have passed all otller portions of this Ordil1ance il1dependent of tIle elilnillation 11erefrom of any portiol1 as may be declared invalid. SECTION 13: SAVINGS CLAUSE: This Ordinance does not affect an action or proceedillg COllllnenced or right accrued before this Ordil1al1ce tal<es effect. SECTION 14: DATE OF EFFECT: This Ordinance shall be in full force and effect after its passage, approval and publicatio11, according to law. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 26#l day of d~ , 200 1. ZONING REGULATIONS uCONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT apLANNED DEVELOPMENT]) REPEALING CHAPTERS 17 OF TITLE II AND CHAPTER 6 OF TITLE 12 58 ( APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 2bfA. day of d~ ,2001. Attest; Q-m ~f L ~ DJ&ll . E ~.~ ~ ~ Conditional UsesOrd.doc .~.t?,,A. 'OJ' '",r'r1""'J - (j.~ ~!t c..nrifl i I" \.\' AtJ.1J!' ~'1<:.t ~.. ,,~... ~ .<llt'\ ,-S .1 'i. ~v_~~ ~~.:;l~t ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT uPLANNED DEVELOPMENT" REPEALING CHAPTERS 1 7 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 59 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 06-05-01 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR A ) COMMERCIAL ) DEVELOPMENT INCLUDING ) FUELING STATIONS, DRIVE- ) THRU, COFFEE SHOP, CAR ) WASH AND RETAIL IN ) PROPOSED C-C ZONE, ) LOCATED AT 119 S. LINDER ) ROAD, MERIDIAN, IDAHO ) ) VAN HEES PROPERTIES, ) ) APPLICANT ) ) Case No. CUP-O 1-0 II FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above el1titled conditional use permit application having COl11e before tIle City Council on June 5, 2001, at the hour of 6:30 p.ln., at Meridian City Hall, 33 East Idaho Street, Meridiall, Idaho, and Shari Stiles, Planlling and. Zoning Adlnil1istrator, appeared and testified, and appearil1g al1d testifying on behalf of the Applicant were JoAnn Butler and TOlTI Roaln, and the Applicant, Larry Van Hees, appeared and testified, alld 110 one appeared il1 opposition, a11d tile City Council l1aving duly COl1sidered the evidel1ce a11d tile record in this matter al1d the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - I Recomlnendations to City COUI1Cil issued by the Plannillg and Zoning COffilnission who conducted a public hearing and the Council having heard al1d tal<en oral and written testilnony, and havil1g duly COllsidered the matter, the City COUI1Cil hereby Ina!(eS the followil1g Filldings of Fact, Conclusio11S of Lavv and Decisiol1 and Order to~ wit: FINDINGS OF FACT I. A notice of a public hearil1g on the conditiol1al use permit was published for two (2) consecutive weel<s prior to the said public hearing scheduled for June 5, 2001, before the City Council, the first Pllblicatiol1 appearing and written 110tice having beel) mailed to property owners or purchasers of record within three hundred. feet (300') of the external boundaries of the property ul1der consideration lnore than fifteen (IS) days prior to said llearing and with the notice of public hearing having beell posted llpOl1 the IJroperty ul1der COllsideration lTIOre thal1 Oile weel( before said hearil1g al1d the copies of allllotices were Inad.e available to newspaper, radio alld televisio11 stations as public service a1111ouncelnel1ts; and the lnatter having beel1 duly considered by the City Council at the June 5, 2001, public hearil1g; and the applicant, affected property 0W11ers, and governlnent subdivisions providing services within the planning jurisdiction of the City of Meridial11 having beel1 given full opponU11ity to express COlnlnents and submit evidence. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 _...:~ f . ~::..... C:..: . 2. There has been cOlnpliance with allllotice and hearil1g requiremel1ts set forth ill Idaho Code 96 7 -6509, 6512, and Meridian City Code 99 11..15 - 5 and 11..1 7 ~ 5 as evidel1ced by the Mfidavit of Mailing, and the Mfid-avit of Publication and Proof of Posting filed with the staff report. 3. This proposed developlnent reqllest is ill a C-G zone al1d by reaSOl1 of the provisions of the Meridian City Code s 11-17 -4, a public hearillg was required before the City Council on this application. 4. The property is located at 119 S. Linder Road, Meridian, Idaho. 5. The owner of record of the subject property is Larry Van Hees of Boise, Id-aho. 6. Applicant is owner of record. 7 . The subj ect property is currently zoned R H 1 ~ However, there is an applicatioll before the City Council for annexation al1d zoning to C-C. The zoning district of C-C is defined- within the City of Meridian Zonillg and Developlnellt Ordil1ance, Section 11-7-2. 8. The proposed applicatiol1 requests a conditional use perluit for a comlnercial developlnent consisti11g of ftleling stations, drive-thru, coffee Sl10P, car wash and retail. The C..C zoning designation within the City of Meridian Zoning and Developluent Ordinance requires a conditional use pertuit be obtained for lnost FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 uses i11clduing those required by the Applicant. (Meridian City Zoning and Development Ordinance, Sectio11 11-8-1). 9. The Meridia11 City COllllCil recogIlizes tllat the proposed application is not in compliance with the Meridian COlnprehensive Plan. However 1 the Plan is currently under review and this area is being considered for some comluercial desigl1ation. 10. The use proposed withi11 the subject applicatioll will in fact, constitute a COl1ditional use as deterlnined by City Ordil1ance. 11. The Meridian City Council talces judicialllotice of its Zoning, Subdivisiol1 alld Development Ord.inallces codified at Titles 11 and 12, Meridian City Code and all current Z011il1g maps thereof and the Comprehellsive Plan of tIle City of Meridian, alld Maps and the Ordillance establishing the Ilnpact Area Boundary. 12. Giving dtle consideration to the COlnlnent received froIn the governlnental subdivisions providil1g services in the City of Meridian plannillg jurisdictiol1 public facilities and services required by the proposed development will not ilnpose expense upon the public if the following C011ditiol1S of developluent are ilnposed and the followillg is also found to be required to mitigate tIle effects of tIle proposed use a11d developlne11t UpOl1 services delivered by political subdivisiollS FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 providil1g services to the subject real property withi11 the planning jurisdiction of the City of Meridian, al1d with the exceptiol1 of the zoning of C~G for the cOffilnercial lots which is recolulnel1ded to be C-C subject to the following: Adopt the ReCOlTIlnendations of the Plan11ing and Zoning and Engineering staff as follows: 12~ 1 A IninilTIUlTI 8..foot-wide lalldscaping buffer shall be installed along the entire length of the southern property lil1e as required by the Landscape Ordinance for a buffer between the residelltial and commercial uses. 12.2 A two-inch caliper tree shall be installed in this area for every 35 lillear feet of landscape buffer. 12~3 An eight-foot-talllnasonry fellce shall be located along the entire length of tIle sout11ern property lille to help shield the residents frOlTI 11oise, and shall be conti11uously Inaintail1ed ill good repair, a11d the fence shall be constructed prior to issuance of building .perlnits. Additio11aIly, tIle locatio11 of t11e fence in relation to the existi11g trees is to be worl(ed- out between the affected property owners and approved by Planni11g and Zoning staff. 12. 4 Lal1dscapillg alo11g Frallldin al1d Lillder Road sllall be il1stalled as sublnitted, with the addition of at least three lnore two-inch caliper trees; two on Franl<li11 Road and 011e in the center of tIle landscape strip adjacent to the escape lane of the restaurant~ The purpose of the additional trees is to have 011e two-inch caliper tree per 35 lil1ear feet of lal1dscaping along the street and alol1g parl<ing areas as required by City Ordinance. 12.5 The applicant shall apply for a Planned Sign ProgralTI in accordance with the Sign Ordinance~ The type, location and number of SigI1S reqtlested sllall be alnel1ded to cOlnply with the Sign Ordinance. 12.6 Additional trash receptacles shall be required adjacent to the l1ew coffee ldosl( for patron refuse. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 I (<.. 12.7 Sanitary sewer service to this site is being proposed via extensions froIn an existing eiglltMinch dialneter stub from Fralll<lin Road. The depth of this stub lnay or may not provide service within the City of Meridian's design standards for Ininirnum cover and pipe slopes to all areas in this proposed developlnent. AlternatelY7 the applicant lnay wal1t to consider sewering this site to the southwest, across land under their ownership] to the stub under Ten Mile Creelc. Applicant shall be responsible to construct the sewer lnains to alld through tl1is proposed developlnellt. Subdivision desigt1er to coordinate Inai11 sizing and routi11g with the Public Worl(s Depa:t;tlnent~ The City is in the process of planning for a new sanitary sewer relief Inaill adjacent to this parcel 011 the Lillder Road frontage. Routing alignlnent for this Inain has not been established as of this date, and the City may potentially need to acquire an easement for the installation. 12~8 Water service to this site shall be via extel1sions from existing mains in Franldin Road and Lillder Road. Applicant shall be responsible to construct the water mains to and through this proposed development (looped). Subdivision desigtler to coordinate lnain sizing and routing with the Public W Or1(5 Departmellt. Applical1t sllall provide the Public W orl(s Departlnent with il1forlnatioll on anticipated fire flow and dOll1estic water requirelnents for the proposed site~ Flow al1d pressure from the existing Inains shall be Inonitored witll the Meridian Water Departll1e11 t. 12.9 RV Parl<il1g is ShOWl1 at the northeast corl1er of tIle property. The parl<ing shall be 0111y for short-terlTI parl<ing for patrons of the comlnercial establishment, and not for overnight use. 12.10 Applicant shall be required to install alternative Inethods of car wash warnillg systems (e.g., il1terior flashing lights) and speal(er systems for drivew.thru facilities (e.g., telephone systelTIs) in lieu of typical11oise- generating systems. 12.11 Any Inodificatiol1S to tIle site plan, including any future developlnent on Lots I and 2, sllall require approval as a planned development Ul1der the conditional use process. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 (,.., . (:..:..,.. 12.12 Off-street parlcing shall be provided in accordance with Section 11-13 of the City of Meridian Zoning and Developluent Ordinance and/or as detailed in site-specific requirements. 12.13 Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.0. al1d 11-13M4.E. of the City of Meridian Zoning al1d Developlnent Ordinance and ill accordance with Americans with Disabilities Act (ADA) requirelnents. 12. 14 A drainage plan designed by a S tate of Idaho licensed archi teet or engil1eer is required alld shall be sublnitted to the City Engineer (Drd. 557, 10-1-91) for all off-street parldng areas~ StarIn water treatlnent al1d disposal must be designed il1 accordance with Departlnent of Ellviro111nental Quality 1997 publication Catalog of StarIn Water Best Managelnent Practices for Idaho Cities and Counties and City of Meridial1 sta11dards alld policies. Off-site disposal into a surface water is prohibited unless tile jurisdiction which has autllority over the receivillg strealTI provides written authorization prior to developlnent plan approval. The applicant is responsible for filing all necessary applicatio11S with the Idaho Departlnent of Water Resources regarding Shallow Injection Wells. 12.15 Outside lighting shall be d,esigned alld placed in such a Inanner as to elilni11ate glare and illulninatiol1 of the adjoining roadways and properties, ill accorda11ce with City Ordinance Secti 011 11-13 -4. C. 12.16 All sigllage shall be in accordance vvith the standards set fortIl in Sectiol1 11-14 of the City Zoning and Developlnent Ordinance. 12. I 7 All constructiol1 shall c011forln to the requirements of the .AInericans with Disabilities Act. 12.18 Trash enclosures shalllneet the requirements of the Sanitary Service COlnpal1Y's guidelines for location and size. 12.1 9 Applicallt's (or successor's) failure to cOlnply witll any of the terlns of approval of the conditional use permit shall be cause for revocation of the conditional use perluit. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE. PERMIT - 7 12.20 COl1ditions specified in tIle annexatio11 and zoning application (AZMOI.. 007) shall also apply. Adopt the Recommendations of the Nalnpa & Meridian Irrigation District as follows: 12.21 A Land Use Change/Site Developlnent application shall be filed for the conditiollal use perInit. Adopt the Meridian Fire Department1s ReCOlTIlnendations as follows: 12.22 All codes, including fire hydrants1 water and fire sprinlder systelns shall be Inet and approved by all City departlnents. Adopt the Central District Health Departlnent ReCOlTIlnendatio11S as follows: 12.23 The Applicant's celltral sewage al1d cel1tral water plans shall be sublnitted to and approved by the Idallo Departlnent of Health & Welfare, Oivisiol1 of EnvirOllmental Quality. 12..24 RUll-off is not to create a IllOSquito breeding problelu. 12.25 StorlTIWater shall be pretreated tllfOUgh a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water qtlality; or if other lneans of pretreatmel1t of storluwater discharge is provided, then Applicant shall furnish to tIle Public W orl(s Departlnent a copy of the proposed Operation and Maintenance Manual, inclllding a schedule of regular maintenance for the drains. A COffiluitment sllall be required that in the event the drains do not effectively worlc, either through problelTIS with design or Inaintellance, developlnent of new plans for a Ineans to prevent the storrnwater discllarge shall be required. Additionally, the Applical1t shall cOlnply with the following requirements by action of the City Council at their JU11e 5,2001, Ineetillg as follows: 12.26 The project shall be treated as a Plallned Developlnent with a Mixed Use. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 ..( . .. i~ 12.27 The hours of operation shall be as follows: C-Store: 6 alTI until lnidnigllt ("possibly 5 aln") Artie Circle: UlltillO pm Sunday - Thursday and II pIn Friday & Saturday Fuel pUlnps: 24 hours-credit card. sales Car wash: the hours shall be lilnited so that noise frOITI the car wasIl s11all not constitute a nuisance to any of the adjacent neigllbors. 12.29 The Applica11t sllall cOlnply witll the Ada County Highway District's recommendations in their letter dated April 18, 200 I, including botll Site Specific Requirements alld Standard Requirements. Additionally, if ACHD amend their recoffirnendations, then the Applicant shall be required to cOlnply with any amendments thereto. 13. The proposed uses withi11 the subject applicatio.n will not be harlnOllious with and in accordallce witll tIle Meridiall Comprehensive Pla11 and the City of Meridian Zoning and Developmellt Ordil1ance, however, the Plan is cllrrently Ullder review al1d this area is being C011sidered for SOlne COlTIlnercial desig11atioll, which tllen would be harlnonious because: 13~ I The subject property is designated 011 the uGel1eralized Land Use Map'J as "Single-fatuily Residential". 14. Tile uses proposed withill the subject application subject to the conditions herei11 ordered will be desigtled, constructed, operated and Inaintained to be harlTIOnious and appropriate ill appearance or intellded character of the general vicinity and that SUCll uses will not change the il1tended essential character of the saine area~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 I~:~ .. . .. {" . . 15. The uses proposed within the subject application willll0t be hazardous or disturbing to existing or future neighboring uses. 16. The uses proposed within the subject application will be served adequately by central public facilities and services such as highways, streets, police and fire protection, drai11age structures, refuse disposal, water, and sewer. 17. The uses proposed withil1 the subject application will not illvolve uses, activities, processes, materials, eqtlipment and COllditions of operation that will be detrilnental to any persons, property or the general welfare by reason of excessive production of traffic, noise, slTIol<e, ftllnes, glare or odors. 18. The developlnent will not result i11 tIle destruction, loss or dalnage of natural or scenic feature of major ilnportance relating to the property. CONCLUSIONS OF LAW I. The City of Meridian sllall exercise tIle IJowers cOllferred tlpOn it by the "Local Land Use Plannillg Act of 1975'J hereillafter referred to for C011venie11ce as the UActU codified at Chapter 65, Title 67, Idaho Code (I.e. ~67 -6503). 2. The Meridian City COUllCil may exe):"cise all the powers required and authorized ul1der the "ActJJ except tIle power to adopt ordi11ances by the establishment of a Planning and Zoning COlnlnission by ordinance pursuant to Idaho Code Section 67-6504 whicll the City Council of the City of Meridiall l1as established by the passage of the "City of Meridian Zoning and Development FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - I 0 / ( ) . ~. :.. Ordina11ce" at Titles XI and XII, Chapter I, Meridia11 City Code. 3. As part of a zoning ordinance the City Council call, subject to hearing and notice provision required, provide for the process of special alld/or conditional use perlnits Wl1ich a proposed use is othelWise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of tIle ordinance which the City of Meridian has done in the adoptioll of its zoning ordinances. 4. The City COUl1cilllas the duty al1d responsibility to review the facts and circumstances of each applicatioll for special use perluit to deterlnine prior to gral1til1g the saIne that the evidential showillg supports the findillg that the followil1g standards are met and that the proposed developlnel1t: (Meridian City Code 9 11-17- 3) a~ Will, in fact, constitute a conditional use as deterll1ined by City policy; b. Will be harrnol1ious with and in accordance with the COlnprehensive Plan alld this Ordinallce; c. Will be designed, constructed, operated alld lnaintained to be harlnollious and appropriate in appearal1ce with tIle existing or intended character of the general vicillity and that StIch tlSe will not change the essential character of the saIne area; d. Will not be hazardous or disturbing to existing or future neighboring uses; e. Will be served adequately by essential public facilities al1d services such as highways, streets, police and fire protectio11, drail1age structures, refuse disposal, water, sewer or that the persoll respo11sible for the establishlnent of proposed C011ditional use shall be able to provide adeqtlately any StIch services; f~ Will not create excessive additional requirelnents at public cost for public facilities and services al1d will110t be detrimental to the economic welfare of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11 ( the commUl1ity; g. Will not illvolve uses1 activities, processes, lnaterials, equipment and COllditions of operatioll that will be detrimental to any persons, property or the gel1eral welfare by reason of excessive production of traffic, 11oise, smol(e, furnes, glare or odors; h. Will not result in the destruction, loss or dalnage of a natural or scenic feature of l11ajor importance. 5. Prior to granting a conditiollal use pertuit in the COlnmUl1ity Business District (C-C), a public hearing shall be COl1ducted with 110tice to be published alld provided to property owners or purchasers of record within three lltllldred feet (300') of the external boundaries of the land under consideration for the conditiol1al use pertuit all in accordance witll the provisions of Meridian City Code 9 11-1 7 -5 City of Meridian Zoning al1d Developmel1t Ordi11a11ce, which provides as follows: uPrior to approving a Conditio11al Use Perluit, the applical1t and the COffilnission and Council shall follow notice and hearing procedures provided ill Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and cOlulnercial districts shall only be required to have OIle public heari11g which shall be held before the Plan11ing and Zoning COllllnission; and after the recolnmendation of the COlnmission is lnade, the application shall go before the City Council without a public hearing and the Councillllay approve, deny, or lTIodify the recolnlnendation of the COffilnissiol1. JJ 6. Following the public hearing and within 45 days after the conclusion of tIle public hearing the COlnrnission shall, translnit its reCOlTIlnendations to the Meridian City COUllCil with sllpportive reasons~ The COlllmissioll shall recolnmend tllat the application be approved, approved with COllditions or denied. The COIUIUissio11 shall ensure that any approval or approval with conditions of an FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 ( . application shall be in accordance with Meridian COlnprehensive Plan, City of Meridial1 Zonillg and Developmel1t Ordinance, and Idaho State law~ (Meridian City Codes 11-17-6) 7. When the City COU11Cil approves a conditional use perlnit it may ilnpose COllditio11S of that approval that reasonably: A. Minilnize adverse ilnpact 011 other developtnent; B. Control the seque11ce and timing of development; c. Control the duration of development; D. Assure that the development is lnailltained property; E. Designate the exact locatiol1 alld nature of the developlnent; F. Require the provision for on-site public facilities or services; and G~ Require lnore restrictive standards than those generally required, in this Ordi11al1ce. 8. T11e City of Meridiall11as, by ordil1ance, established the Ilnpact Area and the Comprehel1sive Plan of the City of Meridiall, which was adopted Decenlber 21,1993, Ord. 629, January 4, 1994 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 ./0:.... . (:..... /~ ( hereby ORDER and this does Order that: 1. That the above nalned applicant is grallted a conditionalllse perluit for a commercial development consistil1g of fuelil1g stations7 drive-thru, coffee ShOP1 car wash and retail in a C-C zone located at 119 S. Lillder Road, Meridian, Idaho, subject to the followi11g COllditions of use and development, subject to the following: Adopt the ReCOlTIlnendatio11S of the Pla1111ing and Zoning and Engineering staff as follows: 1.1 A luinilnUlTI 8-foot-wide landscaping buffer shall be installed alo11g the entire length of the southern property line as required by tIle Landscape Ordinance for a buffer betwee11 the residential and cOlnmercial uses. 1.2 A two-inch caliper tree shall be installed in this area for every 35 linear feet of landscape buffer. 1.3 At1 eight-foot-tall masonry fence shall be located along the entire length of the southern property line to help shield the residel1ts froIn noise, and shall be continuously Inaintained in good repair, and the fence shall be constructed prior to issuance of building permits. Additionally, tIle locatiol1 of the fellce in relatio11 to the existing trees is to be worl<ed. out betwee11 the affected property OWllers and approved by Planni11g alld ZOl1ing staff. 1.4 Lalldscapil1g along Frall1dil1 al1d Lil1der Road shall be i11stalled as sublnitted, with the addition of at least three more tWO-il1Ch caliper trees; two on Franl<lin Road and 011e il1 the center of the landscape strip adjacel1t to the escape lal1e of the restaurant. The ptlrpose of the additiol1al trees is to have one tWO-i11Ch caliper tree per 35 linear feet of landscaping along the street and along parl<ing areas as required by City Ordina11ce. 1.5 The applicant shall apply for a Plalllled Sign Prograln in accordance with the Sigtl Ordinance. The type, location and number of signs FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT ~ 14 t. requested shall be anlellded to COll1ply with the Sign Ordinance. 1.6 Additional trash receptacles shall be required adjacent to tIle new coffee l<.ioslc for patron refuse. 1.7 Sanitary sewer service to this site is being proposed via extensions from an existing eight-inch dialneter stub froIn Franldin Road. The depth of this stub 111ay or Inay not provide service withil1 the City of Meridian's design sta11dards for Inil1ilTItllll cover and pipe slopes to all areas in this proposed developlnellt. Alternately, the applicant may wallt to consider sewering this site to tIle southwest, across land under their ownership, to the stub under Ten Mile Creel(. Applical1t shall be responsible to construct the sewer Inail1S to and through this proposed developlnent. Subdivision designer to coordinate lnain sizing and routing with the Public Worl<s Departlnent. The City is in the process of planning for a new sanitary sewer relief mail1 adjacent to this parcel on the Linder Road frontage. Routing alignment for this main has not been established as of this date, alld the City lnay potelltially need to acquire an easement for the installatiol1. 1.8 Water service to this site shall be via extensiOlls frorTI existing mains ill Franldill Road and Linder Road. Applicant shall be responsible to C011struct tIle water Inains to al1d through this proposed developlnent (looped). Stlbdivision designer to coordinate main sizil1g al1d routing with the Public W or1(8 Departlnent. Applicant shall provide the Public Worl<.s Departlne11t with illforlnatiol1 011 anticipated fire flow alld domestic water requirelnents for the proposed site. Flow and pressure froIn the existing luains shall be lnonitored with the Meridian Water Departlnel1t. 1.9 RV Parldllg is shown at the 110rtheast corner of the property. The parl<i11g shall be DIlly for short~terln parlcing for patrons of the cOlnlnercial establisll1nel1t, and 110t for overnight use. 1.1 0 Applicant shall be required to install alternative methods of car wash war11il1g systelTIS (e~g~, i11terior flashil1g lights) and speal(er systelTIS for driveOAthru facilities (e.g., telephone systelTIs) i111ieu of typical noise.. gelleratil1g systelns~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 t.. . 1.11 Any lnodifications to the site plan1 including any future development on Lots 1 alld 2, shall require approval as a planned developlnent under the conditiollal use process. 1.12 Off-street parlcillg shall be provided in accordance with Sectiol1 11-13 of tIle City of Meridian Zoning and Development Ordina11ce and/or as detailed in site-specific reqtlirelnents. 1.13 Paving and striping shall be ill accordal1ce with the standards set forth i11 Sections 11-13-4.0. alld 11-13-4.E. of the City of Meridian Zoning and Developlnent Ordinance and il1 accordance with .A1nericans with Disabilities Act (ADA) requirelnel1ts. 1.14 A drainage plal1 desigt.led by a State of Idaho licensed architect or el1gineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off..street parlcing areas. StorIn water treatlnent and disposal must be designed in accordance with Departmellt of Enviroll1nental Quality 1997 publication Catalog of Storln Water Best Management Practices for Idaho Cities and Counties and City of Meridia11 standards and policies. Off-site disposal into a surface water is prohibited ul1less the jurisdiction which has authority over the receiving strealn provides written atlthorization prior to developme11t plan approval. The applicant is responsible for filing all l1ecessary applications with the Idallo Departlnel1t of Water Resources regarding Shallow Illjection Wells. 1.15 Outside lightil1g shall be designed and placed i11 such a Inanner as to elilninate glare and illulnination of tIle adjoining roadways and properties, in accordal1ce with City Ordil1al1ce Section II M 13-4~C. 1.16 All sigl1age shall be in accordallce with the standards set forth in Section 11-14 of the City Zonil1g and Developluent Ordinance. I .1 7 All construction shall cOl1forlTI to the requirements of the .A111ericans with Disabilities Act. 1.18 Trash enclosures shalllneet the requirelnents of the Sa11itary Service FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 16 coo . COlnpany's guidelil1es for locatiol1 and size. 1.1 9 Applicant's (or successor's) failure to cOlnply with any of the terlTIS of approval of the conditional use perluit shall be cause for revocation of the conditional use permit. 1.20 Conditions specified in the annexation and zoning application (AZ-O 1- 007) sllall also apply. Adopt the Reconl1nendatiollS of the N ampa & Meridial1 Irrigation District as follows: 1.21 A Land Use Change/Site Developl11ent application s11all be filed for the COl1ditional use perl11it. Adopt the Meridian Fire Departluel1t's Recomlnendations as follows: 1.22 All codes, il1cluding fire hydra11ts, water and fire sprinl<.1er systelTIS shall be Inet alld approved by all City departlnents. Adopt the Central District Health Departlnent ReCOll1lnendations as follows: 1.23 The Applicant's central sewage and central water plans shall be sublnitted to al1d approved by the Idallo Departlnent of Health & Welfare, Division of Environl11ental Quality. 1.24 Run-off is not to create a lTIosquito breeding problem. 1 ~25 Storlnwater shall be pretreated through a grassy swale prior to discllarge to the subsurface to preve11t ilnpact to grollndwater and sllrface water quality; or if other means of pretreatlnent of stormwater discharge is provided, then Applical1t shall furnish to the Public Worl<s Department a copy of the proposed Operation and Maintena"nce Manual, inclllding a scl1edule of regular Inaintenance for the drains. A COffilnitlnent shall be required that in the event the drains do not effectively worlc, either through problems with desigl1 or Inaintellallce, developlnent of new plans for a lneans to prevent the storlTIWater disc11arge shall be required. AdditionallY1 the Applicant shall cOlnply with the following requirelnel1ts by FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 17 (. c........ . action of the City Council at their JUlle 5,2001, Ineeti11g as follows: 1.26 The project shall be treated as a Planned Development with a Mixed Use~ 1.27 The hours of operation shall be as follows: C-Store: 6 am until midnight ("possibly 5 alu") Artic Circle: llntillO pIn Sunday - Thursday and II pm Friday and Saturday Fuel pumps: 24 hours-credit card sales Car wash: the hOllrs shall be lilnited so that noise from the car wash shall not constitute a nuisance to any of the adjacent neighbors. 1.28 The Applicant shall comply with the Ada COUllty Highway District's recoffilnendations in their letter dated April 18, 200 I, including both Site Specific Requirelnents and Stal1dard Requirelnents. Additionally, if ACHD amend their recoll11nendations, tllen the Applicant shall be required to cOlnply with any alne11dmellts thereto. 2. The conditions sllall be reviewable by tIle Council pursuant to Meridia11 City Code 9 11M17-9. 3. The above conditio11S are concluded to be reasonable and the applicallt sl1alllneet such requirell1ents as a COl1dition of approval of the application for a COllditiol1alllse pertuit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance witll this Decision, which sIlall be signed by the Mayor and City Clerl< and then a copy served by the CierI, UpOll the applicant, the Planning and Zoning Departtnent, the Public Worl<s Department and any affected party requesting notice. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 18 NOTICE OF FINAL ACTION Please ta!(e notice that this is a final actio11 of the governing body of the City of Meridian, pursuant to Idaho Code 9 6 7 -65 21 an affected person being a person who has an il1terest in real property Wl1ich Inay be adversely affected by tIle issuance or denial of the conditional use perInit approvallnay within twenty-eight (28) days after the date of tllis decision alld order seel( a judicial review as provided by Chapter 521 Title 67, Idaho Code. By action of the City Council at its regular meeting held on the I q~ day of J~ ,2001. ROLL CALL: COUNCILMAN RON ANDERSON VOTED COUNCILMAN lCEITH BIRD VOTED tIG- COUNCILWOMAN TAMMY deWEERD VOTED . p,-, COUNCILWOMAN CHERIE McCANDLESS VOTED MAYOR ROBERT D. CORRIE (TIE BREAICER) VOTED DATED: 6--/ 9 -tJ) / - FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 19 MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public W orl<s Departlnent and the City Attorney. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT M 20 ("""".. " BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 06/05/0 I IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR A ) COMMERCIAL ) DEVELOPMENT INCLUDING ) FUELING STATIONS, DRIVE- ) THRU, COFFEE SHOP, CAR ) WASH AND RETAIL IN ) PROPOSED C-C ZONE, ) LOCATED AT 119 S. LINDER ) ROAD, MERIDIAN, IDAHO ) ) VAN HEES PROPERTIES, ) ) APPLICANT ) ) Case No. CUP-O 1-0 11 ORDER GRANTING CONDITIONAL USE PERMIT I. This lnatter coming before tIle City Council on the 19th day of June, 200 I, tInder the provisio11S of Meridian City Code 9 11-17 -4 for final actiol1 on conditional use pertuit application and tIle COUI1Cil having received al1d approvil1g tIle ReCOlTIlnendatioll of the Planni11g and Z011i11g COlnlnissio11 the Council talces tIle following action: 2. That the above nall1ed applical1t is granted a conditiol1al use permit for a cOlnl11ercial developlnel1t consistil1g of fllelil1g statiol1S, drive-thru, coffee shop, car wash and retail 11 C-G zone located at 119 S. Lil1der Road, Meridian, Idaho1 subject ORDER CONDITIONAL USE PERMIT (CUP-Ol-OII) - I (r... to the following COl1ditiol1S of use and developlnent: Adopt the RecolnmelldatiollS of the Plallnillg al1d Zoning and Engil1eeril1g staff as follows: 2.1 A IninimUlTI 8-foot-wide landscaping buffer shall be installed along the entire le11gth of the southern property line as required by the Landscape Ordinance for a buffer between the residelltial and cOlnmercial uses. 2.2 A tWO-il1Ch caliper tree sllall be illstalled in this area for every 35 linear feet of landscape buffer. 2.3 All eigllt-foot-talllnasol1ry fence sllall be located along the entire lengtll of the southerl1 property line to help shield the residents froIn noise, and shall be continuOllsly maintained in good repair, and the fence shall be COllstructed prior to issual1ce of building permits~ Additionally, the location of tIle fence in relatiol1 to the existing trees is to be worl<ed out between the affected property 0W11ers and approved by Planning al1d ZOlli11g staff. 2.4 Lal1dscaping along Franl<.lin and Linder Road shall be installed as sublnitted, witll the addition of at least tl1ree more two-inch caliper trees; two on Fra111<li11 Road alld one in the center of t11e landscape strip adjacent to the escape la11e of the restallrant. The purpose of the additiollal trees is to have 011e tWO-il1Ch caliper tree per 35 li11ear feet of lal1dscaping along the street and alol1g parl<i.ng areas as required by City Ordinal1ce. 2.5 The applicant shall apply for a Planned Sign Program in accordance with the Sign Ordinance~ The type, location and number of signs requested shall be amended to comply with the Sign Ordinance. 2.6 Additional trash receptacles shall be required adjacent to the llew coffee l<iosl< for patron refuse. 2.7 Sanitary sewer service to this site is being proposed via exte11siollS froIn an existing eight-inch dialneter stub from Franldil1 Road. The depth of this stub lnay or Inay 110t provide service withil1 the City of Meridial1Js desig11 standards for Inil1ilnUlll cover and pipe slopes to all areas it1 this ORDER CONDITIONAL USE PERMIT (CUP-OJ-OIl) -2 ( . (" proposed developlnent. Alterllately, tl1e applicant Inay want to consider sewering tllis site to the southwest1 across land under their ownership, to the stub under Ten Mile Creel(. Applicant shall be responsible to COl1struct tIle sewer Inaills to and through this proposed development. Subdivision designer to coordinate Inain sizil1g and routing witll the Public W orl(s Department. The City is in the process of planning for a new sanitary sewer relief lnain adjacellt to this parcel on the Lil1der Road frol1tage~ Routing alig111nent for this Inain has 110t been established as of t11is date1 and tile City lnay potentially need to acquire at1 easelnent for the installatioll. 2.8 Water service to this site shall be via extensions from existing Inail1s in Franl<.lin Road and Linder Road. Applicant shall be responsible to COllstruct the water lnains to and through this proposed developluel1t (looped). Subdivision desigtler to coordinate main sizing al1d routing with the Public W or1(8 Departlnellt. Applical1t shall provide the Public W orlcs Department with inforlnatiol1 on anticipated fire flow and domestic water requirelnents for the proposed site. Flow al1d pressure froln the existil1g maillS shall be lllonitored with tIle Meridian Water Departrnellt. 2.9 RV Parlcing is shown at tIle 110rtheast corner of the property. The parl<illg shall be only for short-terlTI parldng for patrons of the COlTIlnercial establisll1nel1t, and not for overnight use. 2.10 Applicant shall be reqtlired to install alterllative lnethods of car wash war11i11g systell1S (e.g., interior flashing lig11ts) and spealcer systelns for drive..thru facilities (e.g., telephone systelTIs) ill lieu of typical noise.. genera ti11g systell1S ~ 2.11 Any InodificatiollS to the site plan, includi11g any future developlnent on Lots 1 and 2, shall require approval as a planned developlnent under the conditional use process~ 2.12 Off-street parl<.ing shall be provided in accordance with Sectio11 11-13 of the City of Meridian Z011i11g and Developlnent Ordillance and/or as detailed in site-specific requirements. 2.13 Pavil1g and striping shall be in accordance with the standards set forth ORDER CONDITIONAL USE PERMIT (CUP-OI-OII) -3 in Sections 11~13-4.D. and 11-13"4.E. of the City of Meridian Zoning and Developlnent Ordil1ance and in accordance with Americans with Disabilities Act (ADA) requirelnents. 2.14 A drainage plan desigt1ed by a State of Idallo licensed architect or e11gil1eer is required and shall be submitted to the City Engilleer (Ord. 557, 10-1-91) for all off-street parl<ing areas. StarIn water treatment and disposallnust be designed in accordance with Departlnellt of Environmental Quality 1997 publication Catalog of StarIn Water Best Mal1agemellt Practices for Idaho Cities and Counties and City of Meridian sta11dards and policies. Off-site disposal il1tO a surface water is prohibited ullless tIle jurisdiction which has authority over the receiving stream provides written authorizatioll prior to development pla11 approval~ The applical1t is responsible for filing all necessary applicatio11S with tIle Idaho Departlnellt of Water Resources regardillg Shallow Injectio11 Wells. 2.15 Outside lighting shall be designed a11d placed in such a manner as to eliminate glare and illulnination of the adjoining roadways and properties, in accordance with City Ordinal1ce Section 11-13-4~C. 2.16 All sigllage shall be in accordance with the standards set forth in Section 11-14 of the City Zonil1g and Development Ordinance. 2.17 All constrllctioll shall c011forln to the requirelnents of tIle Atnericans with Disabilities Act. 2.18 Trash enclosures shalllneet the requirelnellts of t11e Sal1itary Service COlnpanyJs guidelines for location a11d size. 2~ 19 Applica11tJs (or successor's) failure to cOlnply with any of the terlTIS of approval of the conditional use perl11it sllall be calIse for revocatiol1 of the conditional use perlnit. 2.20 Conditions specified in the anl1exation and z011ing applicatioll (AZ-O 1.. 007) shall also apply. Adopt the Recomlnendations of the Nall1pa & Meridia11 Irrigatiol1 District as ORDER CONDITIONAL USE PERMIT (CUP-OI-OII) -4 ('n .. (': n.. .. follows: 2.21 A Lalld Use Change/Site Development application shall be filed for the conditional use permit. Adopt the Meridian Fire Departlnent's Recollllnendations as follows: 2.22 All codes, including fire llydral1ts, water and fire sprinlder systelTIS shall be met and approved by all City departluents. Adopt the Central District Health Departlnellt Recommendations as follows: 2.23 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. 2.24 Run-off is 110t to create a mosquito breeding problem. 2.25 StorlTIWater shall be pretreated through a grassy swale prior to discharge to tIle subsurface to prevellt ilnpact to groundwater and surface water quality; or if other Ineans of pretreatlnent of stormwater discharge is provided, then Applicant shall furnish to the Public W orl(s Departmellt a copy of the proposed Operation and Mail1tenal1ce Manual, includillg a schedule of regular Inaintena11ce for the drains. A commitment shall be required that in tIle event the drains do not effectively worl<, either through problelTIS with design or Inaintel1ance, developlnellt of new pIa.os for a lneans to prevent the storlllwater discharge sllall be required. Additionally, the Applicant shall cOlnply with the following requirements by actiol1 of tIle City COU11Cil at t11eir June 5, 2001, lueeting as follows: 2.26 The project shall be treated as a Planl1ed Development with a Mixed Use. 2.27 TIle hOllrs of operatio11 shall be as follows: C-Store: 6 alTI untillnidnight ("possibly 5 aln") ORDER CONDITIONAL USE PERMIT (CUP-OJ-OIl) -5 Artie Circle: u11til I 0 pIn Sunday - Tllursday and II pm Friday & Saturday Fuel pUlnps: 24 hours-credit card sales Car wash: the hours sllall be limited so that noise from tIle car wash shall not constitute a nuisance to al1Y of the adjacent neighbors. 2.28 Tile Applicant shall cOlnply with the Ada County Highway District's recollll11el1dations ill their letter dated April 18, 200 I, including both Site Specific Requirements and Stal1dard Requirements. Additio11ally, if ACHD alnend their recoffilnelldations, then the Applicant shall be required to cOlnply with any alnendlnents thereto. 3. The above conditions are concluded to be reasonable and the applicant shalllneet such requirelnents as a C011dition of approval of the application for a conditiol1al use permit. 4. Notice to Perluit Holder, t11is conditiol1al use perluit is not trallsferable without con1plyi11g with the provisions of Meridian City Code s 11-17 -8, a copy of which is attached to tl1is perlnit, By actioll of tIle City COU11Cil at its regular Ineeting held on the / q7!J- day of ~ ) 200 1. D. Corrie, Mayor City of Meridian ORDER CONDITIONAL USE PERMIT (CUP-OI~Oll ) -6 Copy served upon Applicant, the Planning and Zoning Departlnent, Public W orl(8 Department and City Attorney. Dated: z:\ W ork\lV1Weridi a n\!v1e ri dian 15360M\Harl('s Corner AZ..Q 1-007 CUP-O .1..0 II \OrderCUPO ) ..0 ll.doc ORDER CONDITIONAL USE PERMIT (CUP-OI-OIl) - 7 JUN lei ' 111 1r(: 40 FR PUBL I C WORKS 2088871297 TO 8884218 P.02/04 (rtE C E lYE JUN 1 9 2001 CITY OF MERIDIAN CITY CLERK OFFICE j " " <" J-U-B ENGINEERS. Inc. ENG1NEERS · SURVEYORS · PLANNERS June 18, 2001 A eg ional Office 250 South Beechwood Avenue, Suite 201 Boise, 10 83709..0944 208~376-7330 Fax: 208-323..9336 RE: Devlin Place Subdivision No.2 Final Plat Review Bruce Freckleton, Assistant to City Engineer City of Meridian Public Works 660 E. Watertower, 2nd Floor Meridian J 10 83642 Submitted via Fax No. 887-1297 and mail Dear Mr. Freckleton: We are in recelpt of your plat review comments dated June 15) 2001, and will revise the final plat accordingly. The following is written comment on the items within your review letter: SITE SPECIFIC COMMENTS 1.. The applicant, D. W.., Inc. will meet all terms of the approved preliminary pLat and development agreemen to' 2. The appUcant wiLL make payment of water assessment fees for the common areas as requlred prior to City signatures on the final plat map. We hereby request that the City provide the fee amount9 3. Compaction test results will be submitted to the Meridian Bullding Department for each building lot receiving engineered backfilL by the developer's testing laba 4.. The design of the drainage detention pond provides for a continuous discharge of storm water through an orifice plat. As suchJ the water within the pond will discharge at a rate not to exceed the 100-year pre-developed flow as is allowed by the affected agencies.. The pond is designed to draln the 100-year storm event wlthin three hours.. 5. Your comments are 50 noted. Also) a letter of credit or cash surety in the amount of 110% will be provided by the developer for all uncompleted items prior to signature on the final plat.. 6. The developer's landscape architect has been advised of the two...inch tree caliper size. 7.. The developer will construct sewer and water mains to and through this development. J-U..B has coordinated the main sizing and routing with the City of Merid1an PubLic Works Department, and has submitted plans for review.. 8. 17 Gary A.. Lee, P..E../L.S., a registered professional engineer within the State of Idaho, do hereby state that all street finish centerline elevations within Devlin Place Subdivision No.. 2 are set a minimum of three feet above the hlghest groundwater elevation as measured bY J-U..B ENGINEERS, Inc. from AUgUst 2000 to October 2000. * JUN 18 '01 17:40 FR PUBLIC WORKS 2088871297 TO 8884218 P.03/04 (" Co ~ ~J.U.B } Bruce Freckleton June 18, 2001 Page 2 Engineers Surveyors Planners 9. The Covenants, Conditions and Restrlctions for Devlin Place Subdivision No.2 have been submitted to the City for review~ 1 o. The notes on the final pLat have been revised.. 11" The Nampa 8: Meridian Jrrlgation District License Agreement addresSlng the terms and conditions of encroachments upon the Rutledge Lateral easement have been identified on the plat. Also, a copy of the executed agreement will be forwarded to the City once received. 12. A fencing plan has been shown on the Devlin Place Subdivision No.2 improvement plans and a note has been placed on the plat that restricts the fence height to a maximum of four feet along the common boundaries of Lots 4 and 5, Block 5; and Lots 5 and 6, Block 5. 13. Per your suggestion, no trees will be planted along the micro path situated in Lot 5 of Block 5. 14. The future Devlin Place Subdivision No~ 2 Homeownerls Association will be responsible to ensure that any branches, which extend over the sidewalk adjacent to Lot 13, BLock 1, are pruned to a minimum height of eight (8) feet above the sidewalk surface, per City Ordinance. 15.. The street name f'N.. Man O' War Court" has been revised to read uN. Man 0' War Place rr .. 14. Your comment is noted. GENERAL REQUIREMENTS 1. The Rutledge lateral was tiled this spring in accordance with plans that were approved by Nampa &. Meridian Irrigation District. This is the only adjacent irrigation or waste ditch next to the site. 2. There are no known domestic wells or septic systems on this site- 3. A street lighting plan will be submitted by the developer to the City and a street lighting permit wiLL be obtained. 4.. A rrFinaL" letter from the Ada County Street Name Committee, approving the subdivlslon and street names, will be submitted to the City once receivedll We have assumed that the City Staff has submitted a copy of the final plat to the Ada County Street Name Committee for review; if not, please do so. If any street names change, we will make any corrections necessary to conform. 5. Fire hydrant pl~cements have been identified upon the improvement plans as submitted to the City of Meridian.s Public Works Department.. We have assumed that the Staff has submitted these plans to the water superintendent for review_ * JUN 18 '01 17:40 FR PUBLIC WORKS 2088871297 TO 8884218 P.04/04 , ( ~.. ~J.U~B~ Bruce Freckleton June 1Bl 2001 Page 3 Engineers Surveyors Planners 6. Five...foot..wide sidewalks have been shown throughout the development in accordance with City Ordinance, except for the west side of N.. Haven Cove Way, WhlCh will be reserved for a landscaped buffer next to Lot 20 of Block 2) which will be landscaped.. Please contact me if you have any questions or require additional information. Sincerely, J-U..B ENGINEERS) Inc. Gary A. Lee, P.. E../L.S. Project Manager GAL:lhc cc: Dan Wood, D.W.J Inc. f :\P roject'ltanagers\GAL \ 11687\adm in\d ty Letter 6..18-01.doc * ~........ TnT f"'\ I [J A~ C (';\ A w..JI' MAYOR Robert D. Corrie (... HUB OF TREASURE VALLEY A Good Place to Live CITY COUNCIL },AErvIBERS Ron 1\nderson Keitll Bird TaDllny deW ccrd Cherie McCandless CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 · FAX: (208) 887-4813 City Clerk Office Fax (208) 888-4218 (208) 884..5533 t FAX 888-6854 MEMORANDUM: To: June 15, 2001 ,~ ECEIVE JUN 1 5 2001 CITY OF MERIDIAN CITY CLERK OFFICE Request for a Final Plat Approval of Devlin Place Subdivision No.2 - 16 Single- family building lots, four other lots on 5..17 acres in an R -4 ZQ.ne by D.. W., Inc. (File # FP-OI-010) Mayor & City Council From: Bruce Freckleton, Assistant to City Engineer Brad Hawkins-Clark, Planner ~\:\L Re: We bave 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: APPLICATIONS SUMMARY The subject property has a prior Conditional Use Permit (CUP) and a Development Agreement (DA) that affect this application.. The 5.17 acres involved in this applicatio.n is an illegal lot split of a larger 8-acre parcel, originally owned by D.D.. & F. In 1997, a rezone application (R-4 to L-O) and a CUP (for a 44-unit assisted living facility, 16-unit Alzheimer wing, 10 garden apartments, and a l06-suite retirement complex) was submitted for the entire 8 acres. A condition of the rezone was for the owner to enter into a DA with the City of Meridian, which was recorded in April, 1998.. If this application is approved, the existing DA will have to be modified and the existing CUP will have to be revoked, because both require an assisted living facility and senior housing to be built on the subject property. (NOTE9. At the June 5, 2001 regular meeting of the meridian City Council, modifications to the existing DA, and the rezone to R -4 were approved) LOCATION The property is generally located on the north side of Cherry Lane, east of Ten Mile Road. It is designated as Existing Urban in the Comprehensive Plan. SURROUNDING PROPERTIES North - Devlin Place Subdivision, zoned R-4. South - The remnant 2.69-acre parcel, owned by D"D. & F. is immediately south of the subject parcel. Haven Cove Subdivision, zoned R-4, is across Cherry Lane from the site.. East - Sunnybrook Farms Subdivision, zoned R-4. West - Sunburst Subdivision, zoned R-4.. F.P..O 1-0 10 DeVlin .Place SUbdiViSion N04 2 /...... . t,..... ~.f'.~ . .... . (. ... ... Mayor and Council June 13, 2001 Page 2 SITE SPECIFIC COMMENTS 1. Applicant is to meet all terms of the approved preliminary plat and development agreement. 2. Applicant has indicated previously that the pressurized irrigation system within this development is to be an extension. of the existing system owned and maintained by the Narnpa & Meridian Irrigation District.. Since domestic water is used as a backup source in this development, co.tnmon areas within this subdivision will be subject to City of Meridian water assessments. Payment of water assessment fees for the common areas is required prior to city signatures on the :final plat map. 3" Compaction test results must be submitted to the Meridian Building Department for any building lots receiving engineered backfill. 4. The design of drainage areas shall ensure that water is retained only during 25-year storm events for a period of time not to exceed 24-hours. 5. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, drainage lots constructed, perimeter fencing installed, and road base approved by the Ada County Highway District prior to applying for building permits. All development improvements shall be installed and approved prior to obtaining certificates of occupancy. A letter of credit or cash surety in the amount of 110% will be required for all fencing, pathways, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 6. All required landscaping trees shall be a minimum of two inches in caliper size. 7. Sanitary sewer and water service to this subdivision will be via existing gravity sewer and water mains located in adjacent developments. Applicant will be responsible to construct mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department" 8. 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. 9. Proposed restrictive covenants and deed restrictions were submitted with the Preliminary Plat application for review by the City Attorney's office. The Applicant is proposing the CC&R's from Devlin Place Subdivision No.1 also apply to this second phase of the subdivision. 1 o. Please add or revise the following plat notes: (2.) .. "time of re-subdivision. or us allo'y'ly~d by conditional use. (6.) .. . .highest established seasonal normal groundwater elevation. (7.) ." ..common lots to be owned and maintained by the.... FP-OI-o10 DeVlin Place SUbdiViSion No~ 2 /"" " (; ,":". Mayor and Council June 13, 2001 Page 3 (11..) ... . hereby reserved over Lot 20, Block 2, and Lot 14, Block 5 for Nampa & Meridian.... (12.) A 10-foot wide permanent Public Utilities, Drainage, an.d Irrigation Easement is designated to be centered on all interior lot lines, unless dimensioned otherwise. (13.) The owner of each lot across which passes an irrigation/drainage ditch or pipe, is responsible for the maintenance thereof, unless such responsibility is assumed by an irrigation! drainage district.. (14.) All buildable lots are for single family dwellings only. In addition, each single family dwelling shall be a minimum of 1400 square feet in size, excluding garage area~ 11. Provide the Public Works Department with documentation from the Nampa & Meridian Irrigation District that the 20-foot encroachment into the existing 40-foot Rutledge Lateral Irrigation Easement is approved. Note the encroachment agreement on the final plat. If the NMID will not allow an encroachment of the entire 20- feet, the east side of the common lot shall be set at the encroachable line. 12. The developer shall be required to install the micro-path, landscaping, and fencing as per the approved landscape and fencing plan, with the notes below. The fence height adjacent to the pathway shall be restricted to a maximum of four (4) feet. A deed restriction shall be created for the lots adjacent to the micro-path that prevents them from erecting any other fencing adjacent to the pathway, and a note shall be placed on the plat that reiterates this point. 13. Ordinance 12-13-12.4 requires a minimum of one (1) deciduous tree per 35 linear feet adjacent to the micropath in Lot 5, Block 5. No trees are shown. However, since this lot also serves as a sewer easement and trees are prohibited within sewer easements, Staff recommends the Landscape Plan (Sheet L-I, dated 5-15-01) be approved under the Alternative Compliance outlet of the ordinance. 14. The Patmore Ash shown at the south boundary of Lot 13, Block 1 is within 5 feet of the sight triangle. It is approved as shown, but the developer and future Homeowner's Association must ensure that any branches which extend over the sidewalk are pruned to a minimum height of eight (8) feet above the sidewalk surface, per Ordinance 12-13-6.5"A. 15. Revise the street name "N. Man 0' War Court" to read ''N. Man 0' War Place" per the approved Ada County Street Name Committee sheet. 14. Staff's failure to cite specific ordinance provisions or terms of the approved preliminary plat does not relieve Applicant of responsibility for compliance~ GENERAL REQUIREMENTS 1 ~ All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13~ Plans will need to be approved by the appropriate irrigation/drainage district, or FP-O I -0 10 DeVlin Place SUbdiviSion NO. 2 (" Mayor and Council June 13, 2001 Page 4 lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2" Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3. 1 OO-watt~ high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall 0 btain an approved design and permit from the Public Works Department prior to commencing installations. 4. Submit "Final" 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's Water Works Superintendent. 6. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K~ FpMO 1..0 I 0 DeVlin Place Su bdivision Nor 2 { l... ( BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 06-05-01 IN THE MATTER OF THE REMAND ) TO PLANNING AND ZONING FOR ) THE APPLICATION OF CEDAR SPRINGS) LOCATED NORTHWEST OF MERIDIAN ) AND USTICI( ROADS ) ) BY: J-U-B ENGINEERS, INC. ) ) CASE NO. PP-OQ-018 ORDER OF REMAND TO PLANNING AND ZONING This lnatter havillg COlne before the City Council on April 17, 200 I a11d contil1ued until June 5,2001, at the hour of 6;30 o1clocl( p91n9J at the Meridian City Hall, 33 East Idaho, Meridian, Idaho, and the COUI1Cil having received the Recommend.atiol1S froIn Plannillg and Zoni11g, correspondence froIn Berry Peters, J- U-B Engi11eers, Parl<s alld Recreation COlTIlnissioll alld Staff, Chief Willialn Gordol1, and Fire Chief I(el111Y Bowers, and additionally having heard testilnony at the JUl1e 5, 20011neeting froIn Shari Stiles, Pla1111ing and Zoning Adlnillistrator, TOlTI I(untz, Parl<s alld Recreation Director, Fire Chief !(en11Y Bowers, and the testimony fr0111 Matt Schultz al1d Gary Lee both from J-U-B Ellgineers:r and John I(el1nedy, 0W11er of property adjacel1t to the northwest corner of the proposed Cedar Springs, and due to inconsistencies ill the prelilninary platJ and being ftllly advised in the premises issues the following Decision and Order~ ORDER GRANTING REMAND TO PLANNING AND ZONING PP-OO-O 18 1 (" .. i~"-' .... . t:.:.... .. DECISION AND ORDER GRANTING ORDER OF REMAND TO PLANNING AND ZONING Based upon the above and foregoing correspondence, testilTIOny, and inconsiste11cies in the prelimil1ary plat, IT IS HEREBY ORDERED AND THIS DOES ORDER THAT: 1. The decision of the City Council is based tlpOll the grounds there are inCOl1sistencies in the preliminary plat, alld such plat shall require the followil1g: 1.1 Applicant shall be required to supply access for John !Cellnedy's property, the l1eighbor to the west, and note said access by the applicable stub street on the plat. 1 ~2 Applicant shall relTIOVe froIn the plat the future L-Q and multi..falnily references if they are not il1tended to be planned development. 1 ~3 Applicant shall design a new single loaded street alollg the parl( on the southerl1 boundary of the proposed subdivision, and additiol1ally it shall address any safety issues within the plat~ 1.4 Applicant shall desigll tile lots to be of various sizes to add diversity withil1 the subdivision. 1.5 Venerable Lane sllall be vacated. 011 the latest plat, al1d the Plal111il1g al1d Z011ing COlnrnissiol1 shall address what they wal1t covered a11d what they want done with this lane. 2. This matter is relnanded bacl< to the Plal1nillg and Z011ing COlTIlnission for further actiol1 in accordance with this decision~ ORDER GRANTING REMAND TO PLANNING AND ZONING PP-OO-O 18 2 ( NOTICE OF FINAL ACTION Please tal<.e 110tice that this a final action of the governing body of tIle City of Meridian~ Pursuant to Idaho Code s 6 7 -65 21 all affected perso11 being a persoll who has an interest i11 real property which Inay be adversely affected by tIle remand of the prelilnil1ary plat may within twe11ty-eight (28) days after the date of this decisiol1 al1d order seelc a judicial review as provided by Chapter 52, Title 67, Idaho Code. I a~1i By action of the City COU11Cil at its regular meeting held 011 the -/ --day of ~~ , 200 I. ROLL CALL: COUNCILMAN ANDERSON Voted ~ COUNCILMAN BIRD Voted COUNCILWOMAN DEWEERD Voted COUNCILWOMAN MCCANDLESS Voted (../ MAYOR ROBERT D~ CORRIE (Tie Breal(er) DATED: 6--(tf---CJ I ~ Voted MOTION: APPROVED: DISAPPROVED: ORDER GRANTING REMAND TO PLANNING AND ZONING PP-OO-OI8 3 Copy served upon Applicant, the Plallning and Zoning Department, Public W orl<s Departlnent and the City Attorney. <t\,"'iV'~.t~.~~r:II"II/J ~-A...\' ~ O.r ~ifj..!...fl~~_.." I,~~ ~..~ ~ .f~ l""J: ~~ ;,.. ;. "\. . -.................. 't-~ ~~ ;t:' ,C} oWP.QplA~ .~~ ~, / _ / Li __ ,,/ ~ - .. ,.~Ci '1k.~'\. ^~~ Dated: p. I 7" v ~ t~~. ~ t. ff ~ _ ~ ~ g~~ i\ , ft t - gt~l&WJ t: -; ~ J~ 9 IE r; -~. ~~ ~ ~ t\t :-~. . t'\ ~ ~ ~A_ ;. ~~oI ~~~? /~ ~ tff :.:~ - ~~ ~;,~ 2~~" f~,~ # Z:\Work\M\Meridian\Meridian 15360M\Cedar Spgs PPOD-OIS Remand PP back to P &z\OrderRelnandingJ% to.~~~~~O~-- i'~ g o 18. doc ~~:;J;::J~JJi;,rf . \\'$11 ld~1i:::'1J .1~ ~1r\" BY. City ClerIc ORDER GRANTING REMAND TO PLANNING AND ZONING PP-OO-O 18 4 ( (. BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 06-05-01 IN THE MATTER OF THE REMAND ) TO PLANNING AND ZONING FOR ) THE APPLICATION OF CEDAR SPRINGS) LOCATED NORTHWEST OF MERIDIAN) AND USTICIC ROADS ) ) BY: J-U-B ENGINEERS, INC~ ) ) CASE NO. AZ-OO-019 ORDER OF REMAND TO PLANNING AND ZONING This Inatter having COIne before the City COUI1Cil 011 April 17, 200 I and COl1til1lled tll1til Jllne 5,2001, at the hOllr of 6:30 o'clocl< p.m., at the Meridian City Hall, 33 East Idaho, Meridial1, Idaho, and the Council havil1g received the ReCOlnme11dations froln Plal111il1g and Zoning, correspondel1ce from Berry Peters, J- U~B El1gineers, Parl<s and Recreatio11 Commission and Staff;p Chief Willialn Gordon, al1d Fire Chief I(enl1Y Bowers, and. additionally having heard testilTIOny at the Jlll1e 5, 2001 meeting from Shari Stiles, Plannil1g and Zonil1g Adlninistrator, Torn I(untz, ParIes and Recreatiol1 Director, Fire Chief !(enl1Y Bowers, and the testimony froIn Matt Schultz and Gary Lee both frolll J-U-B El1gineers, al1d John !Cenlledy, 0W11er of property adjacel1t to the 110rthwest corller of the proposed Cedar Springs, al1d due to the i11consistencies in the correspo11ding prelilnil1ary plat application, Case No. PP- ORDER GRANTING REMAND TO PLANNING AND ZONING AZ-OO-O 19 1 (,U: ":" : (/v... 00..0 18, and being fully advised ill tIle prelnises issues the following Decision and Order. DECISION AND ORDER GRANTING ORDER OF RENlAND TO PLANNING AND ZONING Based llpOll. tIle above and foregoing corresponde11ce, testilTIOny, al1d i11COl1sistel1cies i11 the prelilnil1ary plat, Case No. PP-OQ-O 18) IT IS HEREBY ORDERED AND THIS DOES ORDER THAT: 14 TIle decision of the City COU11Cil is based upon the grounds there are inconsistellcies in the corresponding prelilninary plat application, Case No. PP-QO- 018 and si11ce that application is being relnanded) this applicatio11 should be rell1anded as well.. 2. This matter is relnanded bacl( to the Planning and Zoning COlnlnission for further action in accordal1ce with t11is decision. NOTICE OF FINAL ACTION Please talce notice that this a fi11al action of the governing body of the City of Meridian. Pursua11t to Idaho Code ~ 6 7 -6521 an affected person being a person who has an interest il1 real property which may be adversely affected by the relnand of the preliminary plat may within twenty-eight (28) days after the date of this decision and order seelc a judicial review as provided by Chapter 52, Title 67, Idaho Code. ORDER GRANTING REMAND TO PLANNING AND ZONING AZ-OO-O 19 2 ( :.. c By action of the City COUI1Cil at its regular Ineeting held on tIle ;11'1t ~day of J~ , 200 1. ROLL CALL: COUNCILMAN ANDERSON Voted COUNCILMAN BIRD Voted ..~ COUNCILWOMAN DEWEERD Voted COUNCILWOMAN MCCANDLESS Voted Uv ~ MAYOR ROBERT D. CORRIE (Tie Brealcer) DATED: G-(9-0f ' Voted MOTION: APPROVED: DISAPPROVED: Copy served lIpOl1 Applicallt, tIle Planning alld Zoning Department, Public W orl(s Department al1d the City Attorney. ~~;11~~111'j'i'i) ,~ '. J:I~);:;, , Q~ ~ *~ ~~ . ~ ~~ /' la J)J \ Dated: t;/' II~IY I SEAL.~ # ~ ~ i So ~. ~/'~n ~ ~ ~ ~'t 16"1 · ~ ~ ~.. ~ . ~~ $ ~ .~~ . (i) *. -ll;;J: ~=f!Ji:~,rr1{ · . \"'~ tr.'f.~~ . ~ k~~" 4~?;JU.i..~ .W':i~~~ Z:\Work\M\Meridian\Meridian 15360M\Cedar Spgs PPOO~018 Remand PP back to P & Z\OrderRemandingAZ to PZ AZOO-O 19 tdoc ORDER GRANTING REMAND TO PLANNING AND ZONING AZ..OO-O 19 3 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF VAN HEES PROPERTIES, APPLICANT, AND LARRY VAN HEES, CAROL VAN HEES SNYDER, DWIGHT VAN HEES, CORY SMITH, AND CHRlSTOPHER SMITH, OWNERS, THE APPLICATION FOR ANNEXATION AND ZONING OF 4 ACRES FOR PROPOSED HAR1('S CORNER, LOCATED 119 S. LINDER ROAD) MERIDIAN, IDAHO c/c 06-05~OI ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. AZ-OI-007 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 COll1e on for ptlblic hearing on JU11e 51 200 I, at the hour of 6:30 p.m., and Shari Stiles, Planning and Zonillg Administrator, appeared and testified, and appearing and testifying on behalf of the Applicant were JoAnn Butler and Tom Roaln, al1d the Applicant, LaIl)' Van Hees, appeared and testifIed, and no one appeared in opposition, and the City Council having duly considered the evidence and the record in this matter therefore FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BY LARRY VAN HEES FOR PROPOSED HARI(fS CORNER - (AZ-OI-007) Page I ( (" mal(es tile follovving Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT I. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weel<s prior to said public hearing scheduled for June 5,2001, 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 weel, before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the Inatter l1aving been duly considered by tIle City Council at the June 5, 20011 public hearing; and the applicant, affected property ovvners1 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 vvit11 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 tal<.es 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 IA.RRY VAN HEES FOR PROPOSED HAR!('S CORNER - (AZ..OI-007) Page 2 ('..' < ( development ordinances codified at Titles 11 and 12, 1vleridian City Code, and all current zoning maps thereof, and the Compre11ensive Plan of the City of Meridian adopted December 211 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 3.667 acres in size and is located at the SOllthwest corner of Linder Road and Franl<lin Road. The property is designated as Harl<.' s Corner. 6. The owner of record of the subject property is Larry Van Hees of Boise, Idaho. 7. Applicant is owner of record. 8. The property is presently zoned by Ada County as R-I, and consists of non-cultivated agricultural ground. 9. The Applicant requests the property be zoned as C-C. 10. The subject property is bordered to the 110rth by vacant land zoned 1-L, to the south by agricultural land vvith a single family dwelling zoned R-l Ada County, and a little further to the south is the Whitestone Subdivision, zoned R-4, to the east FINDINGS OF FACT AND CONCLUSIONS OF LAW- AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BY LARRY VAN HEES FOR PROPOSED HARI(JS CORNER - (AZ-OI-007) Page 3 by vacant land zoned C-N, adjacent to Crestwood Estates, zoned R-4, and to the west by agricultural land zoned RUT by Ada County. 11. The property which is the subject of this applicatiol1 is vvithin the Area of Impact of the City of Meridian. 12.. The entire parcel of tIle 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: Commercial development including a service station vvith drive-t11rough restaura11t, and drive-through coffee facility, and a car wash.. 14.. The Applicant requests zoning of the subject real property as C~C which is not consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single Family Residential. However, the Comprehensive Plan is under review and consideration is being given to changing part of this area to Commercial.. 15. There are no significant or scenic features of major importance that affect the consideration of this applicatio11. 16.. Giving due consideration to the comnlent received from tIle 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 LARRY VAN HEES FOR PROPOSED HAR!('S CORNER - (AZ-OI-007) Page 4 ( (:.. . not impose expense upon the public if the following conditions of development are imposed, subject to the following: Adopt the Recolnmendations of the Planning and Zoning and Engil1eering staff as follows: 16.1 The legal description sublnitted with the application meets the requirelnents of the City of Meridian and State Tax COlumission and places the parcel contiguous to existing city limits. 16.2 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. The Developme11t Agreement shall address, among other things, specific landscape/common area requirements, phasing timefrarnes, any building height limitations, signage, pathways, lighting and noise, hours of operation, and other items as required by the Comlnission or Council. If annexed, all future uses shall be required to be approved through the plallned development process and as conditional uses. 16.3 .All irrigation ditches, laterals or canals, exclusive of natural watervvays, intersecting, crossing or lying adjacent and contigtlouS to the parcel shall be tiled per City Ordil1ance 12-4-13. Plans shall be approved by the appropriate irrigatiorl/drainage district) or lateral users association, with written confirmation of said approval sublnitted to the Ptlblic Worlcs Department. 16.4 Any existing domestic wells and/or septic systelTIS within this project shall have to be removed from their domestic service per City Ordinance Section 9-1-4 a11d 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 16.5 Two-hundred-fifty- and IOO-vvatt, high-pressure sodium streetlights shall be required at locations designated by the Public Worl<.S Department~ .All streetlights shall be installed at the developer's expense. Typical locations are at street intersections and/or fire hydrants. FINDINGS OF FACT AND CONCLUSIONS OF LAW- AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BY LARRY VAN HEES FOR PROPOSED HARl('S CORNER - (AZ-OI-007) Page 5 {/..: ~~\~ ./;........ ..... . . i ~ \..:.:. ,.... 16.6 Outside lighting shall be designed and placed so as not to directly or indirectly illuminate any nearby residential areas and shall be in accordance with City Ordinance Sections 11-13-4~C.. and 12-5-2..M~ 16. 7 Off-street parl<ing shall be provided in accordance with tIle City of Meridian Ordinance 11..13 for use of property 1 or as otherwise approved through conditional use (more restrictive parl<ing requirements may be applied). 16~8 A drainage plan designed by a State of Idaho licensed architect or engineer shall be reqllired and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parl<ing areas. Storm water treatment and disposal shall be designed in accordance with Departmellt of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies.. Off-site disposal into a surface water is prollibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval~ The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Sllallow Injection Wells. 16.9 All signage in the proposed project shall be i11 accordance with the standards set forth in Section 11..14 of tIle City of Meridia11 Zoning and Development Ordil1ance. No temporary signage, flags, banners or flashing signs shall be permitted. 16.1 0 Provide five-foot-vvide sidevvall<s in accordance with City Ordinance Section 12-5-2.1(. 16.11 All construction shall conform to the requirements of the Americans vvith Disabilities Act. 16.12 Underground year..rollnd pressurized irrigation sllall be provided to all landscape areas on site~ Submit hoole-up and design details based on the proposed landscaping. Due to the size of landscaped area, primary water supply connection to the Cityfs mains shall not be allowed. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BY LARRY VAN HEES FOR PROPOSED HARl('S CORNER - (AZ-O 1-007) Page 6 ( Applicant shall be required to utilize any existing surface or well water for the prilnary source.. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. Adopt the Recommendations of the Ada County Highway District as follows: 16.13 Dedicate 45-feet of right-of-way from the centerline of Linder 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~ 16.14 The existillg 36"foot wide driveway 011 Linder Road located at the south propeny line, approximately 220-feet south of the signalized intersection at Franldin Road, is approved with this application as a right-in!right-out driveway~ Construct a median in Linder Road located 50-feet south of the stop bar at Franl<lin Road. and extending 50-feet south of the southern edge of driveway on Linder Road. 16.15 The applicant shall either utilize the existing 36Mfoot vvide rightNin/right- out driveway on Franldin Road located a minimum of 220-feet from the intersection as right~in/right-out, OR construct a 35-foot ,vide full access driveway on Franldin Road located a minimum of 315-feet from the intersection.. If the applicant constructs a right-in/right-out driveway, then the applicant shall install a median in Franldin Road located 50- feet west of the stop bar at Linder Road, and extending 50-feet west of tIle western edge of driveway on Franl<.lin Road. 16~ 16 If the applicant chooses to construct a right-in!right-out driveway located 220-feet west of Linder Road, then a second driveway shall be constructed located 440-feet west of Linder Road, and located to align or offset a mininlum of I 50-feet from any existing or proposed driveways on the north side of Franl<.lin Road (Cafarelli Subdivision - approved in 2000). If the applicant chooses to construct a full access driveway located 315-feet west of Linder Road, then a second driveway shall be constructed located to align or offset a minimum of 1 SO-feet from any ~xisting or proposed driveways on the north side of Franldin FINDINGS OF FACT AND CONCLUSIONS OF LAW- AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BY LARRY VAN HEES FOR PROPOSED HAR!('S CORNER - (AZ-OI-007) Page 7 \. . Road (Cafarelli Subdivision - approved in 2000). 16.1 7 Pave the driveways on Franldin Road their full width and at least 30.. feet into the site beyond the edge of pavement of Franldin Road and install pavement tapers with IS-foot radii abutting the existing roadway edge. 16.18 Pave the driveway on Linder Road its full width and at least 3D-feet into the site beyond the edge of pavement of Linder Road vvith IS-foot curb radii. 16.1 9 Construct a 5-foot wide concrete sidewallc on Franldin Road abutting the parcel, where there are not currently improvements.. Extend the sidewall( from its existing location and alignment~ 16.20 All existing/proposed irrigation facilities shall be relocated outside of the right-af-way on Linder Road and Franldin Road. 16.21 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 16.22 Replace unused curb cuts on Franldin Road vvith standard curb, gutter and concrete sidewallc to Inatch existing improvements. 16.23 Other than the access points specifically approved vvith this application, direct lot or parcel access to Linder Road or Franldin Road is prohibited.. 16.24 The Applicant shall additionally meet all of ACHD's Standard Requirements required in tlleir letter dated April 18, 2001. 16.25 Additionally, if ACHD alnends any or all of their recommendations, then the Applicant shall comply vvith any such amendments. Adopt the Recommendations of the Nalnpa & Meridian Irrigation District as follows: 16.26 The District requires a Lalld Use Change/Site Development application FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BY LARRY VAN HEES FOR PROPOSED HARI(7S CORNER - (AZ-O 1-007) Page 8 to be filed for the conditional use permit. 17. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No~ 16, and all sub-parts, the economic vvelfare of the City and its residents and tax and rate payers will be protected, which requirement shall be included in a developrnent agreelnent, a condition of annexation and zoning designation. 18.. It is also found that the development considerations as referenced in Finding No.. 16 are reasonable to reqtlire and must be tal(en into account, in order to assure the proposed development is designed, constructed) operated and maintained in a manner vvhich 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 chal1ge the essential character of the affected vicinity and will insllre that the proposed uses vvill not be hazardous or disturbing to the existing, or future neighborillg uses, particularly considering the impact of proposed developluent on potential to produce excessive traffic, noise, smo!<.e, fumes, glare and odors. 19~ It is found that the zoning of the subject real property as Community Business District (C-C) requires connection to the Municipal Water and Sewer systems and will be compatible with the ApplicantJs development intentions, and will not assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single Family FINDINGS OF FACT AND CONCLUSIONS OF LAW ~ AND DECISION AND ORDER GRANTING APPLICATION FORANNEXA.TION AND ZONING BY LA.ImY VAN HEES FOR PROPOSED HARI(JS CORNER - (AZ-OI-007) Page 9 ( ( Residential. However, the Comprehensive Plan is under review a11d consideration and is being given to changing part of this area to Commercial. 20. The subject annexation request and zoning designation and proposed development ffill relate and will be compatible to the goals and policies of the Comprehensive Plan of the City as follows, if the Comprehensive Plan is given to changing part of this area to Commercial: 20~ 1 The consideration of the provisions of the Comprehensive Plan and the requirements of the zoning ordina11ce assure that the processing of such application is the management of grovvth with the aim to achieve high- quality development. Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to all applications such as the subject application. 20.2 This proposed new grovvth development will finance public service expansion by the requirement herein that the applicant comply with the requests sublnitted of the political subdivisions responses within the Meridian Urban Service Planning Area submitted in the record of this matter~ 20.3 The application is consistent with Meridian's self idelltity. 20.4 The preservation and improvement of the character and quality of Meridian's man-made ellvironment while maintaining its identity as a self-sufficient cOffilnunity is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to the subject application.. 20.5 Compliance with the requests of the political subdivisiollS 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION. FOR ANN~"'{ATION AND ZONING BY LARRY VAN HEES FOR PROPOSED HARl(JS CORNER - (AZ-OI-007) 20~6 Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to the subject application. 21. The property can be physically serviced with City water and sewer. CONCLUSIONS OF LAW I. The City of Meridian has authority to annex real property UpOll 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 9 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 ta!ce judicial notice of government ordinances, and policies, and of actual conditions existing witllin tIle City and State. 3~ The City of 1Vleridian has ~\:ercised 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 iCornprehensive Plan, City of Meridia11, adopted December 21,1993, Grd. No. 629, January 4, 1994.J 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan, if changed, and would applicable to this Application: 4~A The Goals of the Comprehensive Plan are set forth at Page 5 and incl ude: FINDINGS OF FACT AND CONCLUSIONS OF LAW- AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BY LARRY VAN HEES FOR PROPOSED HARlC'S CORNER - (AZ-O 1-007) Page II ( 4.1 To preserve Meridian's environmental quality and to mal<e provisions for and improve the total natural environment by adopti11g City-vvide and Urban Service Planning Area policies, which deal with area-specific policies and programs. 4.2 To ensure that grovvth 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 ne,v housing units within the Urban Service Planning Area. 4.3 To encourage the l<ind 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 implelnent public improvements, services and its open space character. 4.4 To provide housing opportunities for all economic grollps within the community. 4.5 To preserve and improve the character and quality of Meridian's rnan-lnade 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 lalld use patterns to insure that FINDINGS OF FACT AND CONCLUSIONS OF lAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BY LARRY VAN HEES FOR PROPOSED HAlU(JS CORNER - (AZ..O 10.007) revenues pay for services. 4.10 To create an Urban Service Planning Area which is visually attractiveJ efficiently managed and clearly identifiable. 4B. The sections of the Comprehensive Plan that most directly apply to the proposed project are as follows: Goals of the Comprehensive Plan Goal 7: To provide cOlnmunity services to fit existing and projected needs. Economic Development Chapter 1.2 - . . ..set aside areas wllere cOlnmercial interest and activities are to dominate. 1.4 - Positive programs should be undertal(en to support existing commercial areas to ensure their continued vitality. . . Land Use Chanter 4..3U - Encourage new comnlercial development within under-utilized existing cOlumercial areas. 4.8U- Encourage cOlnmercial uses.. . ~ to locate in the Old Town district, business parl<.s, shopping centers and near high-intensity activity areas, such as freeway interchanges. Community Design Chapter 2.2U - Encourage area beautification through uniform sign design that enhances the community. 4.4U - Encourage landscaped setbacl<s for new development~ 5. The zonings of Community Business District (C-C) is defined in the Zoning Ordina11ce at S 11-7 -2 I as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW.. AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BY LARRY VAN BEES FOR PROPOSED HAlliC'S CORNER - (AZ-OI-007) Page 13 (j' .'. (.~... . \,..:. . (C-C) Conununity Business District: The purpose of the C-C District is to permit the establishment of general business uses that are of a larger scale than a neighborhood business, and to encourage the development of modem shopping centers with adequate off-street parl<.ing facilities, and associated site alnenities to serve area residents and employees; to prohibit strip commercial development and encourage the clustering of commercial enterprises. All such districts sllall have direct access to a transportation arterial and collector and be connected to the Municipal "vater and sewer systems of the City. 6. By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is required for Applicant to constnlct and develop a possible comlnercial 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 i11cluding, 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 slla11 be subject to and controlled .by tIle Zoning and Subdivision and Development Ordinances of the City of Meridian. I 0 ~ Section II M 16-4 A of the Zoning and Development Ordinance provides in part as follows: FINDINGS OF FACT AND CONCLUSIONS OF lAW- AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BY LARRY VAN HEES FOR PROPOSED HARleJs CORNER - (AZ-OI-007) Page 14 If property is annexed and zoned, the City filay require or permit, as a condition of the zoning, that an owner or developer mal<e 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 tal(e 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, tlle commitment shall be binding on the owner of the parcel, each subsequent o\rvner, and each other person acquiring an interest in the property.. A commitment is binding on the owner of the property even if it is lllU'eCorded; however, an unrecorded comrnitInent 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, the City Council does hereby Order and this does Order: 1. The applicant's request for a11nexation and zoning of approximately 3.667 acres to Community Business District (C..C) is granted subject to the terms and conditions of tllis Order hereinafter stated. 2. The application is for annexation and zoning of 3~667 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BY LARRY VAN HEES FOR PROPOSED HARleJS CORNER - (AZ..OI-007) Page 15 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, subject to the following, to-wit: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 3~ 1 The legal description submitted with the application meets the requirements of the City of Meridian and State Tax Commission and places the parcel contiguous to existing city limits. 3.2 Applicant sllall be required to enter into a Development Agreement with the City as a condition of annexation. The Development Agreement shall address, among other things, specific lal1dscape/common area requirements, phasing timeframes, any building height limitations, signage, pathways, lighting and noise, hours of operation, and other items as required by the Commission or Council~ If annexed, all future uses shall be required to be approved through the planned development process and as conditional uses. 3.3 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 Worl<s Department. 3~4 Any existing domestic wells and/or septic systems within this project shall have to be removed from t11eir domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-donlestic purposes such as landscape irrigation. 3.5 Two-hundred-fifty- and IOO-watt, high-pressure sodium streetlights shall be required at locations designated by the Public W orl<.s Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW .. AND DECISION AND ORDER GRANTING APPLICATION FORANNEXA.TION AND ZONING BY LARRY VAN HEES FOR PROPOSED HARle'S CORNER - (AZ-OI-007) Page 16 ( /.~... ( .. . . All streetlights shall be installed at the developer's expense~ Typical locations are at street intersections and/or fire hydrants. 3.6 Outside lighting shall be designed and placed so as not to directly or indirectly illuminate any nearby residential areas and shall be in accordance with City Ordinance Sections 11...13 -4. C. and 12 - 5 - 2.M. 3.7 Off-street parl<ing shall be provided in accordance with the City of Meridian Ordinance 11-13 for use of property, or as otherwise approved through conditional use (more restrictive parl<ing requirements may be applied) . 3~8 A drainage plan designed by a State of Idaho licensed architect or engineer shall be required and shall be submitted to the City Engineer (Ord. 557,10-1-91) for all off-street parl<ing areas~ Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities a11d Counties and City of Meridian standards and policies.. Off-site disposal into a surface water is prohibited unless the jurisdictio"n which has authority over the receiving stream provides written authorization prior to development plan approvaL T11e applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection W ells~ 3.9 All signage in the proposed project sl1all be in accordallce 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. 3.10 Provide five..foot-vvide sidewall<.s ill accordance with City Ordinance Section 12-5-2.I(~ 3.11 All construction shall conform to the requirements of the Americans with Disabilities Act~ 3.. 12 Underground year-round pressurized irrigation shall be provided to all FINDINGS OF FACT AND CONCLUSIONS OF lAW- AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BY LARRY VAN HEES FOR PROPOSED HARI('5 CORNER - (AZ-OI-007) Page 17 (/" landscape areas on site~ Submit hool(-up and design details based on the proposed landscaping. Due to the size of landscaped area, primary ""vater 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 COlnmon open area. Adopt the Recommendations of the Ada County Highway District as follows: 3.13 Dedicate 45-feet of right-of-way from the centerline of Linder 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) 7 whichever occurs first.. 3.14 The existing 36-foot wide driveway on Linder Road located at the south property line, approximately 220-feet south of the signalized illtersection at Franldin Road, is approved ,vith this application as a right-in!right..out driveway. Construct a median in Linder Road located 50Hfeet south of the stop bar at Fra11ldin Road. and extending 50-feet south of the southern edge of driveway on Linder Road.. 3.15 TIle applicant shall either utilize the eyjsting 36-foot wide right.in!right- out drive"vay on Franldin Road located a Ininimum of 220-feet from the intersection as right-in/right-out, OR construct a 35-foot wide full access driveway on Franldin Road located a minilnum of 315-feet from the intersection. If the applicant constructs a right-in!right-out driveway, then the applicant shall illstall a median in Franl<lin Road located 50- feet west of the stop bar at Linder Road, and extending 50-feet west of the western edge of driveway on Franldin Road. 3.16 If the applicant chooses to construct a rightM<in!right..out driveway located 220-feet west of Linder Road, then a second driveway sllall be constructed located 440-feet ,vest of Linder Road, and located to align or offset a minimum of 1 50-feet from any existing or proposed driveways on the north side of Franldin Road (Cafarelli Subdivision - approved in 2000)~ If the applicant chooses to construct a full access FINDINGS OF FACT AND CONCLUSIONS OF LAW- AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BY LARRY VAN HEES FOR PROPOSED HAR!('S CORNER - (AZwOlw007) Page 18 c driveway located 315-feet west of Linder Road, then a second drive,vay shall be constructed located to align or offset a minimum of ISO-feet from any existing or proposed driveways on the north side of Franldin Road (Cafarelli Subdivision.. approved in 2000). 3917 Pave the driveways on Franldin Road their full width and at least 30- feet into the site beyond the edge of pavement of Franldin Road and install pavement tapers with IS-foot radii abutting the existing roadway edge. 3.18 Pave the driveway on Linder Road its full width and at least 30-feet into the site beyond the edge of pavement of Linder Road with I5-foot curb radii. 3.19 Construct a 5-foot wide concrete sidewall( on Franldin Road abutting the parcel, where there are not currently improvelnents. Extend the sidewall( from its existing location and alignment. 3.20 All existing/proposed irrigation facilities sllall be relocated outside of the right..of-way on Linder Road and Franl<lin Road. 3921 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3.22 Replace unused curb cuts on Franldin Road with standard curb, glItter and concrete sidewallc to lnatch existing improvements. 3 .23 Other than the access points specifically approved vvith this application, direct lot or parcel access to Linder Road or Franl<.lin Road is prohibited. 3~24 The Applicant shall additionally Ineet all of ACHD's Standard Requirelnents reqtlired in their letter dated April 18, 2001~ 3.25 Additionally, if ACHD amends any or all of their recommendations, then the Applicant shall comply with any such amendments. Adopt tIle Recornlnendations of the Narnpa & Meridian Irrigation District as FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BY LARRY VAN HEES FOR PROPOSED HARlC'S CORNER - (AZ-OI-007) follows: 3.26 The District requires a Land Use Change/Site Development application to be filed for the conditional use perrnit~ 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the anner-xation and zoning designation of the real property which is the subject of the application to (C-C) Community Business District, and Meridian City Code 9 11-7-2 I~ 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Worl<s Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code 9 11..21 M I in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION Please tal<e 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 seel< a judicial review as provided by Chapter 52, Title 67, Idaho Code. FINDINGS OF FACT AND CONCLUSIONS OF LAW- AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BY LARRY VAN HEES FOR PROPOSED HAR!('S CORNER - (AZ-OI-007) Page 20 ( ( By action of the City Council at its regular meeting held on the I '1 fl:-- day of ~ , 200 1. ROLL CALL COUNCILlv1AN RON ANDERSON VOTED ~ COUNCILMAN I<EITH BIRD VOTED COUNCILW01v1AN TAMMY deWEERD VOTED .t\-.. COUNCILWOMAN CHERIE McCANDLESS VOTED 6V ........-----.. 1V1AYOR ROBERT D. CORRlE (TIE BREAI<ER) DATED: 6-/Vj-&( VOTED MOTION: APPROVED: DISAPPROVED: B Copy served upon Applicant, the Planning and Zonil1g Department, Public W or1<s Department and tIle City Attorney. . ~nU"4ttnrfl" I . ~ ~ ~-~/O~tJ / I. \ Dated: ~l. 7 . I! BE~U, ~ ~.~ _~ E ~ 4f1~ .~ ~/ J:) ~I ~ ~ ~ ,.., 1a'1 dE' ~~ .c~ 15360M\Hark's Corner ~~~~ ~"~ytt.f ~~fr{ ~ ",~ ~.~\~ Page 21 \\NP A _ NTS40 _POOSER VER _ Z\ W ork\1v1\Meridian\lv1eridi an o 11 \AZFindingsCIsOrder~doc FINDINGS OF FACT AND CONCLUSIONS OF LAW - .Al'JD DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BY LARRY V A1'\J HEES FOR PROPOSED HAlli(JS CORNER - (AZ-OI..007) ( (........ BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF VAN HEES PROPERTIES, APPLICANT, AND LARRY VAN HEES, CAROL VAN HEES SNYDER, DWIGHT VAN HEES, CORY SMITH, AND CHRISTOPHER SMITH, OWNERS, THE APPLICATION FOR ANNEXATION AND ZONING OF 4 ACRES FOR PROPOSED HARlC'S CORNER, LOCATED 119 S. LINDER ROAD, MERIDIAN, IDAHO C/C 06-05-01 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. AZ-OI-007 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexatioll and zoning application having come on for public hearing on June 5, 2001, at the hour of 6:30 p.ln., and Shari Stiles, Planl1ing and Zoni11g Administrator, appeared and testified, and appearing and testifying on behalf of the Applicant were JoAnn Butler and Tom Roam, and the Applicant, Larry Van Hees, appeared and testified, and no one appeared in opposition, and the City Council having duly considered the evidence and tIle record in this matter therefore FINDINGS OF FACT AND CONCLUSIONS OF UW - AND DECISION AND ORDER GRANTING .APPLICATION FOR ANNEXATION AND ZONING BY LARRY VAN HEES FOR PROPOSED HARle's CORNER - (AZ-OI-007) Page I ( t... . .\.:...... .'. mal(es tile following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT I. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weel<s prior to said pu"blic hearil1g scheduled for June 5, 200 I, before the City Council, the first publication appeari11g and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (IS) days prior to said hearing and with the notice of public hearing having been posted tlpOn the property under consideration more than one weelc before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the lnatter l1aving been duly considered by the City Council at tile June 5, 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 conlments and submit evidence. 2. There 1138 been compliance "With all notice and hearing requirements set forth in Idaho Code S9 67-6509 and 67 -6511, and Meridian City Code 99 11-15..5 and 11-16-1. 3. The City Council ta!(es 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 LARRY VAN HEES FOR PROPOSED HARlCfS CORNER - (AZ-O 1-007) Page 2 development ordinances codified at Titles 11 and 12, lvleridian City Code, and all current zoning maps thereof, and the Comprellensive Plan of the City of Meridian adopted December 211 I 993, Ordinance No ~ 629, January 4, I 9941 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 l1erein as if set forth in full. 5. TIle property is approximately 3~667 acres in size and is located at the southwest corner of Linder Road and Franldin Road. The property is designated as Harl('s Corner. 6. The owner of record of the subject property is Larry Van Hees of Boise, Idaho. 7. Applicant is o\vner of record. 8. The property is presently zoned by Ada County as R-I, and consists of non-cultivated agricultural ground. 9 ~ The Applicant requests the property be zoned as C-C. lO~ The subject property is bordered to the north by vacant land zoned 1-L, to the south by agricultural land vvith a single family dwelling zoned R-l Ada County, and a little further to the south is the Whitestone Subdivision, zoned R-4, to the east FINDINGS OF FACT AND CONCLUSIONS OF LAW- AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BY LARRY VAN HEES FOR PROPOSED HARI('S CORNER - (AZ-OI-007) Page 3 ( by vacant land zoned C-N, adjacent to Crestwood Estates, zoned R-4, and to the west by agricultural land zoned RUT by Ada County. II. The property which is tIle subject of this application is vvithin the Area of Impact of the City of Meridian. 12~ The entire parcel of tIle property is included "Witllin the Meridian Urban Service Planning Area as defined in the Meridian COlnprehensive Plan. 13. The Applicant proposes to develop tile subject property in the follovving manner: Commercial development including a service station vvith drive..through restaurant, and drive-through coffee facility, and a car wash. 14~ The Applicant requests zoning of the subject real property as ewe which is not consistent with the Meridian COlnprehensive Plal1 Generalized Land Use Map which designates the subject property as Single Family Residential. However, the Comprehensive Plan is under review and consideration is being given to changing part of this area to Commercial. IS. 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 froIn tIle 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 LARRY VAN HEES FOR PROPOSED HAR!('S CORNER - (AZ-O 1-007) Page 4 ( (..." " not impose expense upon the public if the following conditions of development are imposed, subject to the following: Adopt the Recolnmendations of the Planning and Z011ing and Engineering staff as follows: 16~ I The legal description sublnitted vvith the application meets the requirelnents of the City of Meridian and State T~\: Commission and places the parcel contiguous to existillg city limits. 16.2 Applicant shall be required to enter into a Development Agreement witll the City as a condition of annexation. The Developme11t Agreement shall address, among other things, specific landscape/common area requirements, phasing timefralnes, any building height limitations, signage, pathways, lightillg and noise, hours of operation, and other items as required by the COlnlnission or Council~ If annexed, all future uses shall be required to be approved through the planned development process and as conditional uses. 16~3 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting1 crossing or lyillg adjacent and contigtlouS to the parcel shall be tiled per City Ordinance 12-4-13. Plans shall be approved by tIle appropriate irrigation/drainage district, or lateral users association, vvith written confirmation of said approval sublnitted to the Public Worl<s Department~ 16~4 Any existing domestic wells and/or septic systelns withi11 this project shall have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8~ Wells Inay be used for non-domestic purposes such as landscape irrigation. 16.5 Two-hundredMfifty- and lOOo-watt, high-pressure sodium streetlights sllall be required at locations designated by the Public Worlcs Departlnent~ All streetlights shall be installed at the developer's expense.. Typical locations are at street i11tersections and/or fire l1ydrants. FINDINGS OF FACT AND CONCLUSIONS OF lA.W - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BY LARRY VAN HEES FOR PROPOSED HARl('S CORNER - (AZ-Ol..007) Page 5 {" ~\ 16.6 Outside lightil1g shall be designed and placed so as not to directly or indirectly illuminate any nearby residential areas and shall be in accordance with City Ordinance Sections 11-13-4.C. and 12-5~2.M. 16. 7 Off-street parl<.ing shall be provided in accordance with the City of Meridian Ordinance 11..13 for use of property, or as otherwise approved through conditional use (more restrictive parl<ing requirements may be applied) . 16.8 A drainage plan designed by a State of Idaho licensed architect or engineer shall be reqllired and sllall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parlcing areas. Storm water treatme11t and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injectio11 Wells. 16. 9 All signage in the proposed project shall be i11 accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporal)' sigtlage, flags, banners or flashing signs shall be permitted~ 16.10 Provide five-foot-vvide sidevvall<.s in accordallce with City Ordinance Section 12-5-291(. 16.11 All construction shall conform to the requirements of the Americans vvith Disabilities Act. 1 6 .12 Underground year-round pressurized irrigation shall be provided to all landscape areas on site. Submit hool(-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. FINDINGS OF FACT AND CONCLUSIONS OF LAW- AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BY LARRY VAN HEES FOR PROPOSED HARI('S CORNER - (AZ..OI-007) Page 6 ( 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. Adopt the Recommendations of the Ada County Highway District as follows: 16..13 Dedicate 45-feet of right-of-way from the centerline of Linder Road abutting the parcel by means of recordation of a final subdivision plat or ~"Xecution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first.. 16..14 The existing 36-foot wide driveway on Linder Road located at the south property line, approximately 220-feet south of the signalized intersection at Franldin Road, is approved with this application as a right-in/right-out driveway. Construct a median in Linder Road located 50-feet south of the stop bar at Franldin Road. and extending 50-feet south of the southern edge of driveway on Linder Road.. 16.15 The applicant shall eitller utilize the existing 36-foot wide right~in/right- out driveway on Franldin Road located a minimum of 220-feet from the intersection as right-in/right-out, OR construct a 35-foot "vide full access driveway on Franldin Road located a lninilnum of 315-feet from the intersection.. If the applicant constructs a right-in!right...out driveway, then the applicant shall install a median in Franldin Road located 50- feet west of the stop bar at Linder Road, and extending 50-feet west of the western edge of driveway on Franldin Road~ 16..16 If the applicant chooses to construct a right-in/right-out driveway located 220-feet west of Linder Road, then a second driveway shall be constructed located 440-feet west of Linder Road, and located to align or offset a minimum of I 50-feet from any existing or proposed driveways on the north side of Franldil1 Road (Cafarelli Subdivision - approved in 2000). If the applicant chooses to COl1struct a full access driveway located 3 1 5 Nfeet west of Linder Road, then a second driveway shall be constructed located to align or offset a minimum of 150~feet frOITI any existing or proposed driveways on the north side of Franl<lin FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BY LARRY VAN HEES FOR PROPOSED HARI('S CORNER - (AZ-OI-007) Page 7 Road (Cafarelli Subdivision - approved in 2000)~ 16~ I 7 Pave the driveways on Franldin Road their full width and at least 30- feet into the site beyond the edge of pavement of Franldin Road and install pavement tapers with IS-foot radii abutting the existing roadway edge. 16~ 18 Pave the driveway on Linder Road its full width and at least 3D-feet into the site beyond the edge of pavement of Linder Road with 15"foot curb radii. 16.19 Construct a 5-foot wide concrete sidewall< on Franldin Road abutting the parcel, where there are not ctlrrently improvements. Extend the sidewall( from its existillg location and alignment.. 16..20 All existing/proposed irrigation facilities shall be relocated outside of tile right-oE-way on Linder Road and Franldin Road. 16.21 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer4 16.22 Replace unused curb cuts on Franl<lin Road with standard curb, gutter and concrete sidewall( to match existing improvements.. 16..23 Other thall the access points specifically approved vvith this application, direct lot or parcel access to Linder Road or Franldin Road is prohibited. 16.24 The Applicant shall additionally meet all of ACHD's Standard Requiren1ents required in their letter dated April 18, 20014 16~25 AdditionallY7 if ACHD alnends any or all of their recommendations, then the Applicant shall comply with any such amendments~ Adopt the Recommendations of tIle Nalnpa & Meridian Irrigation District as follows: 16.26 The District requires a Land Use Change/Site Development application FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BY L.ARItY VAN HEES FOR PROPOSED HARI('S CORNER - (AZ-OI-007) Page 8 (........ (... .. to be filed for the conditional use permit. 17~ It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No~ 16, and all sub-parts, the econolnic vvelfare of the City and its residents and tax and rate payers will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation~ 18~ It is also found that the development considerations as referenced in Finding No~ 16 are reasonable to require and lTIUSt be ta!<en into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner vvhich 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 neighborillg uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smol<.e, fumes, glare and odors. 19~ It is found that the zoning of the subject real property as Community Business District (C-C) requires connection to the Municipal Water and Sewer systems and will be compatible with the ApplicantJs development intentions, and will not assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map vvhich designates the subject property as Single Family FINDINGS OF FACT AND CONCLUSIONS OF LAW- AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BY LA.Iill.Y VAN HEES FOR PROPOSED HAlU(JS CORNER - (AZ-OI-007) Page 9 Residential~ However, the Comprehensive Plan is under review and consideration and is being given to changing part of this area to Commercial. 20~ The subject annexation request and zoning designation and proposed development will relate and \lViIl be compatible to the goals and policies of the Comprellensive Plan of the City as follows, if the Comprehensive Plan is given to changing part of this area to Commercial: 20~ 1 The consideration of the provisions of the Comprehensive Plan and the requirements of the zoning ordina11ce assure that the processing of such application is the management of growth \lVith the aim to achieve high~ quality developlnent. Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive Plan and t11e zoning ordinance of the City to all applications such as the subject application~ 20~2 This proposed new growth development will finance public service expansion by the requirement herein that the applicant comply \lVith the requests submitted of the political subdivisions responses vvithin the Meridian Urban Service Planning Area submitted in the record of this matter. 20.3 Tile application is consistent \lVith Meridian's self identity. 20~4 The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to the subject application. 20.5 Compliance with the requests of the political subdivisions providing services, assures that COffilTIUnity 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~ FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION" FORANNEu'CATION AND ZONING BY LARRY VAN HEES FOR PROPOSED HARl(1S CORNER - (AZ..OI-007) 20..6 Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to the subject application. 21. The property can be physically serviced vvith 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 Meridiall City Code 9 11-16 provides the City may annex real property that is vvithin tIle Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2~ The Council nlay ta!<e judicial notice of government ordinances, and policies, and of actual conditions existing within tile City and State. 3~ The City of lVleridian has exercised its authority and responsibility as provided by ULocal Land Use Planning Act of I 975 " codified at Chapter 65 , Title 67, Idaho Code by the adoption of ICornprehensive Plan, City of Meridian, adopted December 21, 1993, Ord~ No. 629, January 4,1994: 4.. The follovving are found to be pertinent provisions of the City of Meridian Comprehensive Plan1 if changed, and vvould applicable to this Application: 4.A The Goals of the Comprehensive Plan are set forth at Page 5 and include: FINDINGS OF FACT AND CONCLUSIONS OF LAW- AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BY LARRY VAN HEES FOR PROPOSED HAIU(JS CORNER - (AZ~Ol-007) Page II (" ~.: 4~ 1 To preselVe Meridian's environmental quality a11d to mal<e provisions for and improve the total natural environment by adopting City-vvide and Urban Service Planning Area policies, which deal vvith 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 developlnent the provision of services and the distribution of new housing units within the Urban Service Planning Area. 4.3 To encourage the land 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 lnan-lnade environment while maintaining its identity as a self-sufficient community. 4.6 To encourage cultural, educational and recreational facilities which "viII 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 ~'Xisting 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 lalld use patterns to insure that FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BY LARRY VAN HEES FOR PROPOSED HAlli('S CORNER - (AZ-OI-007) c... (. revenues pay for services. 4.10 To create an Urban Service Planning Area which is visually attractive1 efficiently managed and clearly identifiable. 4B. The sections of the Comprehensive Plan that most directly apply to the proposed project are as follows: Goals of the Comprehensive Plan Goal 7: To provide cOlnmUl1ity services to fit existing and projected needs. Economic Development Chapter 1.2 - ~ . .set aside areas where cOlnmercial interest and activities are to dOlninate. 1.4 - Positive programs should be undertal<en to support existing commercial areas to ensure their continued vitality. . . Land Use Chanter 4~3U wo Encourage new commercial developmellt vvithin under-utilized existing COlTIlnercial areas. 4.8U- Encourage commercial uses. . . to locate in the Old ToYVIl district, business parl<s, shopping centers and near high...intensity activity areas, such as freeway interchanges. Community Design Chapter 2.2U - Encourage area beautification through uniform sign design that enhances the community. 4.4U - Encourage landscaped setbacks for new development. 5~ The zonings of Community Business District (C-C) is defined in the Zoning Ordinance at S 11-7-2 I as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW- AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BY LARRY VAN HEES FOR PROPOSED HARlC'S CORNER - (AZ..OI-007) Page 13 (C-C) Community Business District: The purpose of the C-C District is to permit the establishment of general business uses that are of a larger scale tllan a neighborhood business, and to encourage the development of modem shopping centers with adequate off-street parldng facilities, and associated site amenities to serve area residents and elnployees; to prohibit strip commercial development and encourage the clustering of commercial enterprises. All such districts shall have direct access to a transportation arterial and collector and be connected to the Municipal water and se~ver systems of the City. 6~ By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is required for Applicant to COllStru.ct and develop a possible commercial development. 7 ~ Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land4 See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 8. The development of the annexed landJ if annexed, sl1all meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2- 4 whicI1 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 Developlnent Ordinances of the City of Meridian. 10. Section 11-16-4 A of the Zoning and Development Ordinance provides in part as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW- AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BY LARRY VAN HEES FOR PROPOSED HARI(1S CORNER - (AZ-Ol..007) Page 14 ( If property is annexed and zoned, the City filay require or permit, as a condition of the zoning, that an owner or developer mal<e a written commitmellt 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 COUllty Recorder and shall tal(e 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, tIle commitment shall be binding on the owner of the parcel, eacll subsequent o\vner, 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; hovvever, 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 ill 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: I ~ The applicant's request for ann~"Xation and zoning of approximately 3.667 acres to Community Business District (C-C) is granted subject to the terms and conditions of tllis Order hereinafter stated. 2. The application is for annexation and zoning of 3.667 acres. The legal description shall be prepared by a Registered Land Sllrveyor, Licensed by tIle 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BY IARRY VAN HEES FOR PROPOSED HARI(7S CORNER - (AZ-O 1.-007) Page 15 ( f."~ . (. . 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 development1 subject to the following, to-wit: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows; 3.1 The legal description submitted with the application meets the requirements of tIle City of Meridian and State Tax Commission and places the parcel contiguous to existing city limits. 3.2 Applicant shall.be required to enter into a Development Agreement vvith the City as a condition of annexation. The Development Agreement shall address, among other things, specific landscape/common area requirements, phasing timeframes, any building height limitations, signage, pathways, lighting and noise, hours of operation, and other items as required by the Comlnission or Council. If annexed, all future uses shall be required to be approved through the planned development process and as conditional uses. 3.3 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to t11e 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 W orIes Department. 3.4 Any existing domestic vvells 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 SUCll as landscape irrigation~ 3.5 Two-hundred-fifty- and 1 aD-watt, high-pressure sodium streetlights shall be required at locatio11S designated by the Public Worl(s Department. FINDINGS OF FACT AND CONCLUSIONS OF lAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BY LARRY VAN HEES FOR PROPOSED HAR!('S CORNER - (AZ-OI-007) Page 16 (F. All streetlights shall be installed at the developer's expense. Typical locations are at street intersections and/or fire hydrants. 3.6 Outside lighting shall be designed and placed so as not to directly or indirectly illuminate any nearby residential areas and shall be in accordance 'With City Ordinance Sections 11-13-4.C~ and 12-5-2.M~ 3~ 7 Off-street parldng shall be provided in accordance 'With the City of Meridian Ordinance 11-13 for use of propertY1 or as otherwise approved through conditional use (more restrictive parl<ing requirements lnay be applied) . 3.8 A drainage plan designed by a State of Idaho licensed architect or engineer shall be required and shall be submitted to the City Engineer (Ord~ 557, 10-1-91) for all off-street parlcing areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best lvlanagement Practices for Idaho Cities and Counties and City of Meridian standards and policies.. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides 'Written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells~ 3.9 All signage in the proposed project shall be in accordal1ce with the standards set forth ill Section 11-14 of the City of Meridian Zoning and Development Ordinance.. No temporary signage, flags, banners or flashing signs shall be perrnitted~ 3 ~ 1 0 Provide five-foot-wide sidewall<.s in accordance 'With City Ordinance Section 12-5-2.1(. 3~ II All construction shall confornl to the requirements of the Americans with Disabilities Act.. 3~12 Underground year-round pressurized irrigation shall be provided to all FINDINGS OF FACT AND CONCLUSIONS OF LAW- AND DECISION AND ORDER GRANTING .APPLICATION FOR ANNEXATION AND ZONING BY LARRY VAN HEES FOR PROPOSED HAlU('S CORNER - (AZ~OI-007) Page 1 7 \. landscape areas on site. Submit hoole-up and design details based on tile proposed landscaping~ Due to the size of landscaped area, primary vvater supply connection to the CityJs mains shall not be allovved. 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. Adopt the Recommendations of the Ada County Highway District as follows: 3.13 Dedicate 45-feet of right-of-way from the centerline of Linder 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.. 3.14 The existing 36-foot wide driveway on Linder Road located at the sOtlth property line, approxinlately 220-feet south of the signalized intersection at Franldin Road, is approved with tl1is application as a right-in/right-out driveway~ Construct a median in Linder Road located 50-feet south of the stop bar at Fral1ldin Road. and extending 50-feet south of the southern edge of driveway on Linder Road.. 3.15 The applicant shall either utilize the eyjsting 36-foot vvide right-in/right- out drive"vay on Franldin Road located a Ininimum of 220-feet from the intersection as right-in/right-out, OR construct a 3S-foot vvide full access driveway on Franldin Road located a nlinimunl of 315-feet from the intersection. If tIle applicant constructs a right-in/right-out driveway, then the applicant shall install a median in Franldin Road located 50- feet west of the stop bar at Linder Road, and extending 50-feet west of the western edge of driveway on Franl<lin Road. 3.16 If the applicant chooses to construct a right-in/right-out driveway located 220-feet vvest of Linder Road, then a second driveway sllall be constructed located 440-feet "vest of Linder Road, and located to align or offset a minimum of I 50-feet from any existing or proposed driveways on the north side of Franldin Road (Cafarelli Subdivision - approved in 2000). If the applicant chooses to construct a full access FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING .A.PPLICATION FOR ANNEXATION AND ZONING BY LARRY VAN HEES FOR PROPOSED HARl('S CORNER - (AZ-O I wOO?) Page 18 (::.... (.:. drivevvay located 315-feet west of Linder Road, then a second drive'\rvay shall be constructed located to align or offset a minimum of ISO-feet from any existing or proposed driveways on the north side of Franldin Road (Cafarelli Subdivision.. approved ill 2000)~ 3.17 Pave the driveways on Franl<lin Road their full width and at least 30- feet into the site beyond the edge of pavement of Franldin Road and install pavement tapers with IS-foot radii abutting the existing roadway edge. 3.18 Pave the driveway on Linder Road its full width and at least 30-feet into the site beyond the edge of pavement of Linder Road with IS-foot curb radii. 3.19 Construct a 5-foot wide concrete sidewallc on Franldin Road abutting the parcel, where there are not currently improvelnents~ Extend the sidewall< from its existing location and alignment~ 3~20 All existing/proposed irrigation facilities shall be relocated olltside of the right-of-way on Linder Road and Franldin Road~ 3 ~21 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3..22 Replace unused curb cuts on Franldin Road with standard curb, gutter and concrete sidewall< to match existing ilnprovements ~ 3.23 Other than the access points specifically approved wit11 this application, direct lot or parcel access to Linder Road or Franl<lin Road is prohibited. 3.24 The Applicant shall additionally lueet all of ACHD's Standard Requirements reqtlired in their letter dated April 18, 200 I ~ 3.25 Additionally, if ACHD alnends any or all of their recommendations, then the Applicant shall comply with any such amendlnents~ Adopt tile Recommendations of the N ampa & Meridian Irrigation District as FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BY LARRY VAN HEES FOR PROPOSED HARl('S CORNER - (AZ-O I ~007) (. (....., .. follows: 3.26 The District requires a Land Use Cl1ange/Site Development application to be filed for the conditional use permit. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (C-C) Community Business District, and Meridian City Code s 11-7 -2 I. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public W orl<s Department shall prepare the appropriate Inapping 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 ta]ce notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code 9 67-6521 an affected person is a person who has an interest in real property Wllich 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 seel( a judicial review as provided by Chapter 521 Title 67, Idaho Code. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BY LARRY VAN HEES FOR PROPOSED HARl(JS CORNER - (AZ-.O 1-007) Page 20 ( By action of the City Council at its regular meeting held on the I f I!::- day of ~~ , 200 I. ROLL CALL COUNCILMAN RON ANDERSON VOTED .~ COUNCILlvIAN lCEITH BIRD VOTED b\..- COUNCILWOMAN TAMMY deWEERD VOTED f-c... COUNCILWOMAN CHERIE McCANDLESS VOTED ~ MAYOR ROBERT D~ CORRIE (TIE BREAlCER) DATED: 6 -I q-6J I VOTED MOTION: APPROVED: DISAPPROVED: B Dated: .. .... .. \\NP A _ NTS40 _POOSER VER _ Z\ W ork\M\rvleridjan\Meridi an o 11 \AZFindingsClsOrder .doc 15360 M\Hari('s Corner FINDINGS OF FACT AND CONCLUSIONS OF LAW- AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BY LARRY VAN HEES FOR PROPOSED HARlC'S CORNER - (AZ-O 1-007) BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 05-01-01 Revised 06/22/0 I IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR PLANNED ) DEVELOPMENT TO INCLUDE ) OFFICE, RETAIL AND ) INDUSTRIAL USES FOR THE ) PROPOSED TREASURE ) VALLEY TECHNICAL CENTER, ) IN AN I-L ZONE, LOCATED ) ADJACENT TO 1-84, ) NORTH~STOFTHE ) INTERSECTION OF ) STODDARD AND OVERLAND ) ROAD, MERIDIAN, IDAHO ) ) MERIDIAN FREEWAY ) ASSOCIATES/DBSI ) INDUSTRIAL LIMITED ) PARTNERSHIP, ) ) APPLICANT ) ) Case No. CUP-O 1-009 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT TIle above entitled conditional use pertuit application havil1g COIne before the City Cou11cil on May 11 2001, at tIle hour of 6:30 p~ln~, at Meridian City Hall, 33 East Idaho Street, Meridial1, Idaho, and Shari Stiles, Planning and Z011ing Adlnil1istrator, appeared and testified, al1d appearing on behalf of the Applical1t was FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - I (. Tim Terry, a11d no one appeared in opposition, and the City Council having duly C011sidered the evidence and the record in this lnatter and the Recolnrnendations to City Council issued by the Planni11g and ZOllillg COllllnission who conducted a public hearing alld tIle Council havil1g heard and ta!cen oral and written testimony, and havil1g duly COl1sidered the lnatter, the City Council hereby Ina!ces tIle following Fil1dings of Fact, Conclusiol1S of Law and Decisioll alld Order to-wit: FINDINGS OF FACT I ~ A notice of a public hearing on the conditional use perInit was published for two (2) conseCtltive weel(s prior to the said public hearing scheduled for May I, 2001, before the City COtlncil, the first ptlblication ap.pearing and written notice having been mailed to property 0W11ers or purchasers of record within three hundred feet (300J) of the external boundaries of the property under consideration more than fifteell (15) days prior to said l1earing and witll the notice of public hearing havillg been posted llp011 tIle property under consideratiol1 lTIOre thal1 011e weel( before said hearing and the copies of allllotices were made available to newspaper, radio and television stations as public setvice a1111oul1celnellts; alld the lnatter havil1g been duly considered by the City COtlncil at tIle May I, 200 I, public hearil1g; and the applicant, affected property owners, and governlnent subdivisions providing selVices withil1 the planning jurisdiction of the City of Meridiall, havil1g been given full FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 (.: (0" .. opportunity to express COlnmel1ts and sublnit evidellce. 2. There has beel1 compliance with all notice and hearing requirelnents set forth in Idaho Code s67-6509, 6512, and Meridia11 City Code ss 11-15-5 and 11-17- 5 as evidenced by the Mfidavit of Mailing1 and the Mfidavit of Publication alld Proof of Posting filed witll tIle staff report. 3 ~ This proposed developlnent request is ill an I - L ZOlle and by reason of the provisions of the Meridian City Code 9 11-1 7 -4, a public hearing was required before the City COUI1Cil on this application. 4. TIle property is located adjace11t to 1-84, northwest of the i11tersection of Stoddard and Overland Road, Meridian, Idaho. 5. The owner of record of the subject property is Meridian Freeway Associates/DBSI 111dustrial Lilnited Partllership of Meridiall, Idallo. 6. Applical1t is owner of record. 7. Tile Stlbject property is currel1tly zoned I-L~ The zonil1g district of I..L is defined within the City of Meridian Z01ling and Developlnent Ordinance, Section 11-7-2. 8. TIle proposed application requests a conditional use perlnit for Plallned Development to include office, retail alld industrial for proposed Treasure Valley Technical Center. The I-L zonillg desigtlation within the City of Meridial1 Zoning FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 and Developlnent Ordinance requires a conditionalllse permit be obtained for lnost uses including those requested by the Applicant. (Meridian City Zoning and Developlnent Ordinance, Sectio11 11-8-1). 9. The Meridian City Council recognizes that the proposed application is il1 cOlnpliallce vvith the Meridia11 COlnprehensive Plan. 10. The use proposed witllin the subject applicatiol1 "Will ill fact, C011stitute a conditional use as deterlnined by City Ordinal1ce. II. The Meridian City COUI1Cil tal(es judicial notice of its Zoning, Subdivisiol1 and Development Ordinances codified at Titles II and 12, Meridian City Code and all current zoning Inaps tllereof and the COlnprehensive Plan of the City of Meridian, and Maps alld the Ordinance establishing the Impact Area Boundary . 12. Giving due COl1sideration to the COlnlnent received froIn the governlnel1tal subdivisions providing services in the City of Meridia11 plan11ing jurisdiction public facilities and services required by the proposed. developlnent will not ilnpose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and developlnent upon services delivered by political subdivisions providing services to the subject real property "Within the planning jurisdiction of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT M 4 City of Meridial1 subject to the followi11g: Adopt the ReCOlTIIUendations of the Planning and Zoning and El1gineering Staff as follows: 12.1 Off-street parlcing shall be provided in accordance with Section 11-13 of the City of Meridiall Zoning and Developtnent Ordil1ance a11d/or as detailed in site-specific requirements~ 12.2 Paving al1d striping shall be in accordance witl1 the standards set forth in Sections 11-13-4.D~ and 11-13-4.E. of the City of Meridial1 Zonil1g and Developlnent Ordinance and in accordance with Americans witll Disabilities Act (ADA) requirelne11ts. 12.3 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engil1eer per City Ordinance 11-13 -4. B .4 for all off-street parl<il1g areas. All site drainage shall be COl1tained alld disposed of on-site. 12.4 Outside lighting shall be desigtled al1d placed so as to not direct illulnination 011 any l1earby residential areas and il1 accordance with City Ordinance Section II ~ 13-4. C. 12.5 Any existing dOluestic wells and/or septic systellls within this project shallllave to be removed froIn their dOlnestic selVice per City Ordinance Section 9-1-4 and 9-4-8 . Wells Inay be used for 11on-dolnestic purposes suc11 as lal1dscape irrigation. 12~6 All irrigation ditches7 laterals or canals, exclusive of natural waterways, il1tersecting, crossing or lying adjacel1t and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans shall be approved by tIle appropriate irrigation/drainage district, or lateral users association, with written confirlnation of said approval sublnitted to the Public W orIes Departlnel1t. 12.7 Provide landscapillg in accordance with the Lal1dscaping Ordinallce, Title 121 Chapter 13. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 //" (: (. 12~8 All trash and/or garbage collectiol1 areas shall be enclosed 011 at least three (3) sides in accordance with City Ordil1al1ce Section 11-12-1.C~ The applicant shall coordinate trash enclosure locations and construction requiremel1ts with Sanitary Service Company (SSe) and provide a letter of approval or plans stalnped by sse to the Plallning & Zonillg Departmel1t when applying for a Certificate of Zoning COlnpliallce. 12~ 9 Provide five-foot-wide sidewallcs in accordance with City Ordinance Section 12-5-2.1(. 12.10 All sigtlage shall be il1 accordance with the stand-ards set forth in Title 11, Cllapter 14 of the City Zoning and Developlne11t Ordinance. 12.11 All constructiol1 shall conforl11 to tIle requirelnents of the Atnericans with Disabilities Act. 12.12 TIle e11tire site is located within tIle I-L Zone;, and tIle following uses shall be limited tlSes in the I-L Z011e witll a conditiol1al use permit;r along with any of the allowed I-L uses, as part of the Planned Development: 1 ~ Daycare center 2 ~ Professional and sales offices 3. COll1munity and l1eighbor11ood Sllopping center *The Meridial1 City Code allows for modifications of district regulations, including such exceptions pertainil1g to the district regulations governing use (12-6-5), when the Inodification is desirable to achieve the objectives of the Planl1ed Development. 12.13 Prior to construction of the Western Electrollics btlilding:r an agreelnent was made with ACHD concerllillg the acquisitioll of tIle right-of-way on Overland Road~ No right-of -way was acquired for the i11stallation of curb, gutter or sidewall, along Overlal1d Road al1d, as depicted on the submitted site plan, there is currently 110 curb or gutter.. A five-foot-wide detached sidewall< has been installed along Overland in front of tIle Western Electronics development as agreed to by the Developer alld ACHD~ The right-af-way acqtlisition on Overland for the Western FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 (~..,.. . . . (~m.. . Electronics developlnent has been deferred until an improvement project is in design. There is no current ilnprovelnent project in design at this tilne to improve Overla11d Road west of Stoddard Road~ The Applicallt shall illstall a five-foot-wide detached sidewall< along the full length of the planlled developlnent, adjacent to Overland Road in line with the existing sidewallc, and the Applicant shall provide documentation from ACHD addressing the resolution of tIle right-of...way issues prior to issuance of a buildillg pertuit. 12.14 The existing Westerll Electro11ics facility is served by a privately o"Wl1ed alld maintained sewage lift station that discharges to a City of Meridial1 sewer Inain in Overland Road.. The recel1tly approved Bear Creel( Estates Subdivision discharges to the same manhole. Because Bear Creel( Estates was approved prior to the Western Electronics facilitY1 only the projected excess capacity in the receiving sewer is available for the Western Electro11icsff.V. Tecl1nical Cel1ter project~ Computer model calculations show that the Western Electronics lift station is lilnited to a peale flow of 80 gallons per millute. The project shall continue to be served by the existing private lift station and pressure Inain until such tilue as the Blacl( Cat Tru111c is available to serve tllis area. The lift station Inay not discharge a flow greater tllan 80 gallons per Ininute at any time~ Provision shall be lnade in the sanitary sewer system such that the lift station can be abandoned and the site sewer system connected to the Blaclc Cat Trunlc Sewer, or a lateral thereof, when it is available. "A vailableu sllall be defined as the tilne when the sewer is extellded through adjacent property to the westerl1 boundary of this project~ This project shall include relocation of tIle lift statioll to the 110rthwest corl1er or installatiol1 of dry-line sewer to the 110rthwest corner with this project. The applicant shall be respollsible for the eventual connection to tIle Blacl< Cat Trunl( Sewer~ The City Council requires the applical1t pay frBlacl< Cat Trunl< Sewer" fees at the tilne of building permit issuance. These fees are estilnated at $1500 per eqllivalent residential unit (ERU) al1d shall contribute to the eventual constructioll of the Blacl< Cat Trulll< Sewer into which this project is desigt1ated to sewer. 12.15 The City of Meridian is ill t11e process of drilling a new dOlnestic well witllin the Bear Creel< Estates Stlbdivision to provide service to this area~ Prelilninary fire flow delnand estilnates by the Meridian Fire FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 /" Departmel1t for this application indicate that up to 2,300 gpIn flow could be required. Ul1til the well is drilled and developed, its output rate is unl<nown. Additional development within this project shall only proceed to the exte11t that the particular building, or phase, has an adequate supply of both dOlnestic and fire protection water, as may be deterlnined by the City of Meridian Public W orl<s Departlnent1 and tIle Meridial1 Fire Department~ 12~ 16 A site report establishing the highest seaSOl1al groundwater elevatiol1 sllall be sllblnitted to the Public W orl<s Department as part of the constructioll plan approval process within tIle Plal1ned. Developlne11t~ 12.17 Conceptual engilleering plans, including profiles:r shall be sublnitted to the Public Worl<s Departlnent prior to the City Council heari11g of tllis application. 12.18 Conditions ftln with the land: Any conditiollS attached to a final development plal1 shall rUll with the land and shallllot lapse or be waived as the result of any subsequent change in the tenancy or ownership of any or all said lands. Such conditions shall be deelned as requirelnel1ts for the issuance of the certificate of occupancy for any use or struc.ture~ 12.19 Design Review: All pla11ned developments are subject to design review by the City staff and COUI1Cil (12-6-7H). All buildings, other tllan those buildil1gS constructed of lilce lnaterial and design as sublnitted, shall be subject to further desigtl review by the COtlncil and Staff prior to construction. 12.20 TIle Applical1t sllall sublnit plans to the City Planning and Zoning Director for approval of a comprehensive planned sign prograln in accordance with Sectioll 11-14-9(E) of the Sign Ordinance~ The design of the signs included within the sign program shall incorporate 111aterials, colors, and sllall be reflective of a common theIne tllat incorporates silnilar design elelne11ts in terms of l11aterials, letter styles, sign type and sign shape~ 12 .21 All utilities, il1Cl uding water, sani tal)' and storln sewers , electricity, gas FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 c / l \~..... .. a11d telephone lines shall be installed underground ill either the public right of way or utility easements. The desigll for adequate storm sewer facilities shall be provided to the City Engineer and ACHD for review prior to construction. 12.22 A copy of the bylaws or other deed restrictions which provide for the Inaintenance and control of all the open space and COlTIlnOl1 area shall be provided to the Council for review prior to approval. 12.23 All required perilueter landscaping buffers (along Overland Road and 1- 84) shall be i11stalled prior to the issuance of an occupancy permit for any newly constructed building within the planned development. All interior lalldscaping shall be installed pursuant to the Landscaping Ordinance as additional buildings are constructed within the planned development. 12.24 Only minor changes shall be Inade in the location, siting, and height of the proposed buildings, as authorized by the Building Official or as required by engineering or other unforeseen CirCUlTIstallces. Additionally, 110 such Ininor changes shall increase the volulne of any building or structure by lnore than I 0 percent (12-6-6F). *The Applicant has requested that the sublnitted site plall be considered c011ceptual ill l1ature, meaning applica11t does 110t want to be limited to tile number, size, design or location of buildings, parlcing lots or landscapil1g. The Applical1t has stated that the developmellt sllall be drivell by marl<et delnal1d. Approvil1g a Conditional Use Pertuit for a planned developlnent witll nothing lTIDre tha11 a conceptual site plan to be driven by Inarl<et delnand allows the developer to do essentially whatever tlley would lil<e to do in the future without further approvals froln the Council or Commission~ Conditions are placed upon the applical1t to obtain a Conditional Use Permit for each building within the planned developlnent, illtended for office, retail, or day care use.. 12.25 A recorded subdivision shall be required for any dedication of public right-of-way (with the exception of dedicatioll on Overland Road, the widening of which is in accordance with the Meridian Comprehensive Plan.), or t11e reconfiguratioll of existing parcels. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 /........ . t (...... ...:~ 12.26 The City Council mal(es it clear that this is actually, as presented, a conceptual plan for a COllditional Use Permit. The developer s11all be required to returl1 to tIle Commission alld City Council for approval through the conditional use permit process of all offices, retail or day care uses in the I-L zone. Adopt the Central District Health DepartmentJs Recomlnendations as follows: 12.27 The Applicant's central sewage and central water plans shall be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environlnental Quality. 12.28 Run-off is not to create a mosquito breeding problem. 12.29 StorlTIWater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater alld surface water qtlality, or if other Ineans of pretreatment of storm water discharge is provided, then Applicant shall furnish to the Public W orl(s Departlnent a copy of the proposed Operation and Maintenance Manual, including a schedule of regular Inaintel1al1ce for the drains. A cOlnmitment shall be required that in the event the drains do not effectively wor!c, either through problelTIS with design or rnaintel1ance, developlnent of new plans for a means to pretreat the storm water discharge shall be required. 12.30 The Engineers and architects i11volved witl1 the desigl1 of the subject project shall obtail1 current best Inanagemel1t practices for stormwater disposal and design a stormwater managelnent systeln that prevents groundwater and surface water degradation. Adopt the ReCOlTIlnelldations of the Meridian Fire Departlnent as follows: 12.31 Applicants shall satisfy all fire code requirelnel1ts including those pertaining to water flow and fire sprinlder systems and hydrants. Adopt t11e Recolll1nendations of the Ada COUl1ty Highway District as follows: 12.32 Applicant shall comply witll ACHD's letters dated April 2, 2001 and April 4,2001, and any ftlture letter(s) 011 tIle project when thorough FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 ( review of the site is cOlnpleted. Adopt the Recommendations of the Nampa & Meridian Irrigatiol1 District as follows: 12~33 TIle Narnpa & Meridiall Irrigation District's I(ennedy Lateral courses along the south and west boundaries of the project. Any encroachlnent without written approval, plans and a sigt1ed License Agreement are u11acceptable~ All storm drail1age shall be retained on site. Adopt the Recolnmendations of the Sanitary SelVice as follows: 12.34 Enclosure sizes shall be reviewed for waste capacity. Adopt the Recommendations of the Water Department as follows: 12.35 Additional developtnent within this project shall only proceed to the extent that the particular building, or phase, has an adequate supply of both domestic and fire protectio11 water, as may be deterlnined by the City of Meridian Public W orles Departlnent, and the Meridian Fire Departlnellt. 13. The proposed uses withill the subject application will be harlnonious with and il1 accordance with the Meridian COlnprellensive Plan and the City of Meridial1 Z011il1g and Developlnellt Ordina.nce because: 13.1 The stlbject property is desigl1ated on the "Generalized Land Use Map" as Existing Urbanu. 14. The uses proposed within the subject application subject to the conditions herei11 ordered will be designed1 constructed, operated al1d Inaintained to be l1arlTIOnious al1d appropriate i11 appeara11ce or intended cllaracter of the general vicinity and that such uses will110t c11ange the intended essential character of the saine area. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - II 15. The uses proposed within the subject application will not be hazardous or disturbing to existil1g or future neighboring uses. 16. The uses proposed within the subject application will be served adequately by central public facilities and services such as 11igllways, streets, police and fire protectioll, drainage structures, refuse disposal, water, and sewer. 17~ The uses proposed within the subject applicatiol1 will not involve uses, activities, processes, materials, equipmel1t and conditions of operation that will be detrilnental to any persol1s, property or the general welfare by reason of excessive productioll of traffic, noise, slnol(e, fumes, glare or odors. 18. The developluent will not result in the destruction, loss or dalnage of natural or scenic feature of major importance relating to tIle property~ CONCLUSIONS OF LAW I ~ T11e City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Plannil1g Act of 1975" hereinafter referred to for COl1vel1ience as the UActU codified at Chapter 65, Title 67, Idaho Code (I.e. 967-6503). 2. The Meridian City Councilluay exercise all the powers required and authorized Ul1der the nActn except the power to adopt ordinallces by the establishlnel1t of a Plan11illg and Zoning COffilnissiol1 by ordinance pursual1t to Idallo Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Z011ing and Developmel1t FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 ( ( OrdinanceJJ at Titles XI and XII, Chapter I, Meridial1 City Code. 3. AB part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or COl1ditional use permits which a proposed use is othelWise prohibited by the terlTIS of the ordil1allce but allowed with COl1ditions under the specific provisiollS of the ordil1ance which the City of Meridialll1as done in the adoption of its zoning ordil1ances~ 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 grantil1g the salne that the evidential showing supports the finding that tIle following sta11dards are met and that the proposed development; (Meridian City Code 9 11-17- 3) a~ Will, in fact;r constitute a conditional use as determil1ed by City policy; b. Will be harll1onious with and in accordance with the Comprehensive Plan and this Ordillallce; c~ Will be designed, constructed, operated and maintained to be harlTI011ious 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 disturbil1g to existil1g or future neighboring uses; e. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protectiol1, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishluent of proposed COllditiol1al use sllall be able to provide adequately any such services; f~ Will not create excessive additional requirelnents at public cost for public facilities and services and will not be detrilnental to the economic welfare of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 (:~.. .. (.. . the COlnlTIUnity; g~ Will not involve uses, activities, processes, materials, equipment alld conditions of operation that will be detrimental to any persons, property or tIle general welfare by reason of excessive production of traffic, noise, srnol<e, fUlnes, glare or odors; h~ Will not result in the destructio11, loss or dalnage of a natural or scenic feature of Inajor importance~ 5~ Prior to granting a COl1ditional use perInit in the Light I11dtlstrial District (I-L), a public hearing shall be conducted with 110tice to be published and provided to property owners or purchasers of record within tllree hundred feet (300J) of the external boul1daries of the land ullder consideration for tIle conditional use perlllit all in accordal1ce with the provisions of Meridiall City Code S 11-1 7 -5 City of Meridian Zoning and Developmellt Ordinance, Wllich provides as follows: "Prior to approving a Conditiol1al Use Permit, the applicant and tIle COlnmission and Council shall follow notice and hearing procedures provided ill Chapter 15 of tl1is Title. Provided, llowever1 that COl1ditional use applicatio11s for land in Old Town and in industrial and cOlnmercial districts shall only be required to have one public hearing which shall be held before the Pla11ning and Z011i11g Comnlission; and after the recolnmendation of the COlnmission is made, the application s11all go before the City Council withollt a public hearing al1d tIle Council may approve, deny, or modify the reCOlTIlnelldation of the COlnluission. n 6~ Following the public hearing and within 45 days after the COllclusion of the public l1earillg the COlnlnission shall, translnit its recolnluendations to the Meridian City Council with supportive reasons. The COlnlnissio11 shall reCOlnlnend that the application be approved, approved with conditions or denied~ The Commission shall ensure that any approval or approval with conditions of an FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT.. 14 /<:;.... : . (...... ..~ ('/. . .. ~"<"" ", " application shall be in accordance with Meridian COlnprehensive Plall, City of Meridian Zoning and Developmel1t Ordinance, al1d Idaho State law. (Meridian City Code S 11..1 7 -6 ) 7 ~ When the City COtl11Cil approves a conditional use pertuit it may ilnpose conditions of that approval tllat reasonably: A. Mil1ilnize adverse ilnpact on other developlnent; B. Control the sequellce and timing of development; c. Control the duratiol1 of developluent; D~ Assure that tIle developlnent is luaintained property; E. Designate the exact location and nature of the developmellt; F. Require the provisio11 for OIl-site public facilities or services; and G~ Require Inore restrictive standards than those generally required, il1 this Ordina11ce~ 8~ The City of Meridian has, by ordillance, established the Ilnpact Area and the COlnprehellsive Plall of the City of Meridian, which was adopted Decelnber 21, 1993, Ord. 629, January 4, 1994 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 ~\. hereby ORDER and this does Order that: I. That the above l1alned applicant is granted a conditional use pertuit for a planned development to include office, retail, day care and industrial for proposed Treasure Valley Technical Center in an I-L zone located adjacent to 1-84, 110rthwest of the il1tersection of Stoddard al1d Overlal1d Road) Meridian, Idaho, subject to the followil1g COl1ditio11S of use al1d developlnent: Adopt the Recolnmendations of the Plannil1g and Zoning and Engineering Staff as follows: 1.1 Off-street parl<ing shall be provided ill accordallce vvith Section 11-13 of the City of Meridian Z01ling and Development Ordinance and/or as detailed in siteHspecific requirelnents. 1.2 Paving and striping shall be in accordance witll the standards set forth in Sections 11..13-4.D. al1d 11-13..4.E. of the City of Meridian Z011ing and Development Ordinal1ce al1d i11 accordance with Americans with Disabilities Act (ADA) reqtliremel1ts. 1.3 A drai11age plall desiglled by a State of Idaho licel1sed arcllitect or el1gi11eer is required alld shall be Sllbmitted to the City El1gi11eer per City Ordil1al1ce 11-13..4.B.4 for all off-street parlcing areas. All site drainage shall be COl1tai11ed and disposed of OIl-site. 1.4 Outside lighting shall be designed a11d placed so as to not direct illumination on any nearby residential areas al1d in accordance with City Ordi11allce Section 11~13-4.C. I ~5 Any existing domestic wells alld/or septic systelns within this project shall have to be relTIoved froIn their dOlnestic service per City Ordil1ance Section 9-1-4 alld 9-4-8. Wells lnay be used for 11on-dornestic purposes such as landscape irrigation. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 16 1.6 All irrigation ditches, laterals or canals, exclusive of natural watelVlays, il1tersecting, 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 Worl(s Department. 1. 7 Provide lal1dscaping in accordal1ce with the Landscaping Ordinance, Title 12, Chapter 13. 1.8 All trash al1dJor garbage collection areas shall be enclosed on at least three (3) sides in accordallce with City Ordinance Section 11-12-I.C. The applicant shall coordinate trash enclosure locations and construction requirelnents witll Sanitary Service COlnpany (SSe) and provide a letter of approval or plal1s stalnped by sse to the Planning & Z011ing Department when applying for a Certificate of Zoning COIn p liance. 1.9 Provide five-foot-wide sidewall<.s in accordance with City Ordinance Section 12-5-2.1(. 1.1 0 All signage shall be in accordal1ce with the standards set forth ill Title II, Chapter 14 of the City Zoning and Developmellt Ordinance. 1.11 All COllstruction shall c011forlTI to tIle requirelnents of the Atnericans with Disabilities Act. 1.12 The entire site is located within the I-L Zone;, and the following uses shall be lilnited uses in the I-L zone with a COllditional use perluit:r along with any of the allowed I-L uses, as part of the Planned Developluent: 1. Daycare center 2 ~ Professional al1d sales offices 3. COlTIlnunity alld neighborhood shopping center *The Meridian City Code allows for modifications of district regulations, il1cluding suell exceptions pertaining to the district regulations governing use (12-6-5), when the Inodification is desirable to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - I 7 (:..,.... . acllieve the objectives of the Planl1ed Developlnent. 1.13 Prior to construction of the Western Electronics buildil1g, an agreernel1t was Inade with ACHD concerning the acquisition of the rig11t-of-way on Overland Road. No right-of -way was acquired for the installation of curb, gutter or sidewallc along Overland Road and, as depicted 011 the sublnitted site plan, there is currently no curb or gutter. A five-foot-wide detached sidewall( 11as been installed along Overland in front of the Western Electronics development as agreed to by the Developer and ACHD. TIle rigllt-of-way acquisition on Overland for the Western Electrol1ics development has been deferred until an ilnprovement project is in design. There is no current ilnprovernel1t project in design at this tilne to iluprove Overlal1d Road west of Stoddard Road. The Applicant shall install a five-foot-wide detached sidewall( along the full length of the plal1ned development, adjacent to Overland Road in line with the existing sidewall(, alld the Applicant sllall provide dOCUlnentation froIn ACHD addressing the resolution of t11e right-of-way issues prior to issuance of a building perlnit~ 1.14 The existing Wester11 Electronics facility is served by a privately owned and lnailltained sewage lift statiol1 that discharges to a City of Meridiall sewer mail1 in Overland Road~ The recently approved Bear Creel< Estates Subdivision discharges to the same manhole. Because Bear Creel( Estates was approved prior to tIle Western Electro11ics facility, only the projected excess capacity in the receivillg sewer is available for the Western Electronicsrr~V~ Technical Center project. COlnpllter lllodel calcttlatiol1s show that the Western Electrollics lift station is limited to a peale flow of 80 gallons per Ininute. The project shall contil1ue to be served by the existil1g private lift station and pressure Inain until such time as the Blacl( Cat Trunl< is available to serve this area. The lift statiol11nay not discharge a flow greater than 80 gallons per Ininute at any time. Provision shall be made in the sal1itary sewer systeln such that the lift station ca11 be abandol1ed a11d the site sewer systelll connected to the Blacl( Cat Trtlnlc Sewer, or a lateral thereofJ wIlen it is available. "Available" shall be defined as the tilne when the sewer is extended through adjacent property to the western boundary of this project. This project shall illclude relocation of the lift station to tIle north"vest corner or installation of dry-line sewer to the northwest corller with tllis FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 18 project~ The applicant shall be responsible for the eventual conl1ection to the Blacl< Cat Tru111c Sewer. The City Council requires the applicant pay uBlaclc Cat Trunl( SewerfJ fees at the tilne of building permit issual1ce. These fees are estilnated at $1500 per equivalent residel1tial unit (ERU) alld shall contribute to the eventual construction of the Blacl< Cat Trunl< Sewer into which tllis project is designated to sewer4 1.15 The City of Meridial1 is in the process of drilling a l1ew dOlnestic well withill the Bear Creelc Estates Subdivisioll to provide service to this area. Preliminary fire flow delnand estilnates by the Meridian Fire Departll1ent for this applicatio11 indicate that up to 2,300 gpm flow could be required. Until the well is drilled and developed, its output rate is unlmown. Additional developrnent within this project shall only proceed to the extent that the particlllar building, or phase, has al1 adequate Sltpply of botll domestic alld fire protection water, as Inay be deterlnilled by the City of Meridian Public Worl(s Departlnent, and the Meridiall Fire Departlnent~ 1.16 A site report establishing the highest seasollal grollndwater elevation shall be sublnitted. to the Public Worl<s Department as part of the construction plan approval process within the Planned Developlnel1t. 1.17 Conceptual engineering plans, including profiles, shall be sublnitted to tile Public W or1<5 Department prior to the City Council hearing of this application. 1.18 Conditions run with the land: Any conditio11S attached to a final developlnel1t plan s11all run with the land and shall not lapse or be waived as the result of any subsequent change in the tena11cy or oW11ership of any or all said lands. Such C011ditions shall be deelned as requiremel1ts for the issuance of the certificate of occupancy for any use or stl"ucture. 1.19 Design Review: All plal111ed developlnellts are subject to design review by the City staff and Council (12-6-7H). All buildings, other tllan those buildings constructed of lilce Inaterial and design as sublnitted, shall be subject to further desigl1 review by the COUllCil alld Staff prior to construction. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 19 1.20 The Applicant shall sublnit plans to tIle City Planning al1d Zoning Director for approval of a comprehensive planned sign program in accordallce with Section 11-14-9(E) of the Sign Ordinance. The design of the signs included witllin the sign program shall il1corporate materials, colors, al1d shall be reflective of a COmlTIOn theme that illcorporates similar design elements in terlTIS of lnaterials, letter styles, sign type and Sigl1 shape~ 1.21 All utilities, includil1g water, sanitary and storm sewers, electricity, gas and telephone lines shall be i11stalled underground in either the ptlblic right of way or utility easements~ The design for adequate storm sewer facilities shall be provided to the City Engineer and ACHD for review prior to construction. 1.22 A copy of the bylaws or other deed restrictions which provide for the maintenance and control of all the opel1 space and COffilnon area shall be provided to the COUI1Cil for review prior to approval. I ~23 All required perilueter lalldscapil1g buffers (along Overland Road and 1- 84) shall be installed prior to the issuance of an occupancy perlnit for any newly constructed btlilding within the planned developlnent. All interior landscaping shall be installed pursuant to the Landscapil1g Ordinance as additiol1al buildillgS are constructed witllin the planned developluent. I ~24 Only minor cha11ges shall be Inade in tIle locatiol1, sitil1g, al1d height of the proposed buildings, as authorized by the Building Official or as required by engineering or other unforeseen circumstances. Additiollally, no such lninor changes shall i11crease the volulue of allY building or structure by Inore than I 0 perce11t (12-6-6F). *The Applicant l1as requested that tIle sublnitted site plall be considered conceptual in nature, lneanillg applica11t does 110t want to be liluited to the nUluber, size, design or locatiol1 of buildings, parl<.ing lots or landscaping. The Applicant has stated that the developlnent shall be driven by mar!<et demand. Approving a Conditional Use Permit for a planned developlnent witll nothi11g Inore tllal1 a conceptual site plan to be driven by Inarl<et demalld allows the developer to do essentially whatever tIley FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 20 c...:..:... would lilce to do in the future without further approvals from the Councilor COlnmission. Conditions are placed upon the applicant to obtain a Conditional Use Pertuit for each building within the planl1ed development, illtended for office, retail, or day care use. 1.25 A recorded subdivision shall be required for any dedicatiol1 of public rigllt-of-way (with the exception of dedication on Overland Road, the widenillg of whicl1 is in accordance with the Meridian Comprehensive Plan. ), or the reconfiguration of existing parcels. 1.26 TIle City Councillnal<es it clear tllat this is actually, as presented, a conceptual plall for a Conditional Use Permit. The developer shall be required to return to the COlnmission al1d City Council for approval through the conditional use permit process of all office, retail or day care llses in the I-L zone. Adopt the Central District Health Departlnent's Recoffilnendations as follows: 1.27 The ApplicantJs central sewage and central water plalls shall be SUbll1itted to and approved by the Idaho Department of Healtll & Welfare, Division of Environlnental Quality. 1.28 RUl1-off is not to create a 1110Squito breeding probleln. 1.29 Storll1water shall be pretreated throllgh a grassy swale prior to discharge to the subsllrface to prevel1t ilnpact to groulldwater al1d surface water quality, or if other IneallS of pretreatlnel1t of starIn water discharge is provided, thel1 Applicallt shall furnish to the Public Worl(s Departlnent a copy of the proposed Operation and Maintel1ance Manual, il1Cludillg a schedule of regular mail1tena11ce for the drains. A COlnlnitment shall be reqllired. that in the evel1t tile drail1s do not effectively worle, either through problelTIS witll desigl1 or maintenance, development of new plans for a means to pretreat the storm water discharge shall be required. 1 ~30 The Engil1eers al1d architects il1volved with the design of the subject project shall obtain current best Inanagell1ent practices for stormwater FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 21 //.. l .~~ disposal and design a storluwater lnanagelnent systelTI tllat prevents groundwater and surface water degradation~ Adopt the Recommendations of the Meridian Fire Departlnent as follows: 1.31 Applicants shall satisfy all fire code requirelnents including t110se pertaining to water flow and fire sprinlder systems and hydrants. Adopt the Recoffilnendatiol1S of the Ada County Highway District as follows: 1 ~32 Applical1t shall COll1ply with ACHD's letters dated April 2, 200 I al1d April 4, 2001, and a11Y future letter(s) on the project whe11 thorough review of the site is cOlnpleted. Adopt the ReCOlTIlnel1datiollS of tIle Natnpa & Meridian Irrigation District as follows: 1 ~33 The Nalnpa & Meridian Irrigatiol1 District's I(ennedy Lateral courses alo11g the south and west boundaries of the project~ Any ellcroachlnent without writtel1 approval, plans and a signed License Agreement are unacceptable~ All storlll drainage shall be retained 011 site~ Adopt the Recommendations of the Sal1ital)' Service as follows: 1 ~34 Ellclosure sizes shall be reviewed for waste capacity~ Adopt the Recolnmendations of tIle Water Department as follows: 1 ~35 Additional developlnent withil1 this project shall only proceed to the extent that the particular building, or phase, has an adequate supply of both domestic al1d fire protection water, as Inay be determined by the City of Meridia11 Public W orles Departlnel1t, and the Meridian Fire Departlnel1 t~ 2. The conditions shall be reviewable by the Council pursuant to Meridian CityCodeS 11~17-9. 3. The above conditions are concluded to be reasonable and the applicant FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 22 shalllneet such requirements as a conditio11 of approval of the application for a conditional use perlnit4 4~ That the City Attorney draft an Order Granting Conditional Use Perluit in accordance with this Decisiol1, WIlich shall be signed by the Mayor and City Clerl( and thell a copy served by the ClerIc UpOll the applicant, the Plannillg and Zoning Departmel1t, the Public Worl<s Departl11ent and any affected party requesting notice. NOTICE OF FINAL ACTION Please ta!ce notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code 9 6 7 -65 21 an affected person being a person who has an interest ill real property which may be adversely affected by the issuance or denial of the conditional use permit approval may vvithin twenty-eight (28) days after the date of this d.ecision and order seelc a judicial review as provided by Chapter 52, Title 67, Idaho Code. /q~ By action of the City COUI1Cil at its regular lneeting held 011 the day of J~ , 2001. ROLL CALL: COUNCILMAN RON ANDERSON VOTED tL- COUNCILMAN I<EITH BIRD VOTED j \w...- COUNCILWOMAN TAMMY deWEERD VOTED .#~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 23 COUNCILWOMAN CHERIE McCANDLESS VOTED MAYOR ROBERT D. CORRIE (TIE BREAICER) VOTED DATED: 6 -19-.o( MOTION: APPROVED: DISAPPROVED: Copy served UpOl1 Applicant, Plal1ni11g and Zoning Departlnent, Public Worl(s Departmellt and the City Attorney. ",1\"yt\ \ u't -rJ Jill/II \\~ t !\:A~ J,/, ,,\. 0" nnc.!;/.",- I~J " ...1 ~1 ~t _~, ..s~ ~ v" ~",. ~~ ~,? ~"' .r~ aeOb.At '1A:" ~ "" V Or~. U"f h ...v ~ ~ ~G ~ . .,,~ ;; ,. . ~ .: . ~ - - ; ~<t /f' # ~ . .J~ .. f;) i? "i.-..... " ~.. I~-t. ~ 7o~;tir 1C~ .. ...;~ Z:\ W ork\M.\Meri di an \Nleri di an 15360M\Locust Grove ~~"'~~&-U~~~I~~~~003.dOC r. }- I J, .. ~ ';" ~<J t. . ., . ,\ \ \ \ \ l1j I ~ Z.i~.~. .t:{; i'),.;\~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 24 (::........~ c BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 05/0 1/0 I Revised 06/22/0 I IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR A PLANNED ) DEVELOPMENT TO INCLUDE ) OFFICE, RETAIL AND ) INDUSTRIAL USES FOR THE ) PROPOSED TREASURE ) VALLEY TECHNICAL CENTER, ) IN AN I-L ZONE, LOCATED ) ADJACENT TO 1-84, ) NORTHWEST OF THE ) INTERSECTION OF ) STODDARD AND OVERLAND ) ROAD, MERIDIAN, IDAHO ) ) MERIDIAN FREEWAY ) ASSOCIATESIDBSI ) INDUSTRIAL LIMITED ) PARTNERSHIP. ) ) APPLICANT ) ) Case No. CUP-Q I M009 ORDER GRANTING CONDITIONAL USE PERMIT I ~ This Inatter COIning before the City COU11Cil on the 15th day of May, 200 1, under the provisions of Meridial1 City Code ~ 11-17 -4 for final action 011 conditional use permit application and the COtlllCil having received a11d approving the Recommendation of the Plannil1g and ZOlling COffiluission the COUllCil talces tIle ORDER CONDITIONAL USE PERMIT PLANNED DEVELOPMENT BY MERIDIAN FREEWAY ASSOCIA TESIDBSI INDUSTRIAL LIMITED PARTNERSHIP / CUP-OI-009 - I rI''; . ( _./~ ( followillg action: 2~ That the above nalned applicant is granted a conditiol1al use pertuit for a planned developlnent to include office, retail, day care and industrial uses for the proposed Treasure Valley Technical Center, in an I-L ZOlle located adjacent to 1-84, 110rthwest of the intersection of Stoddard alld Overlalld Road) Meridian, Idaho, subject to the followillg conditions of use al1d development: Adopt the ReCOlTIlnelldations of the Planning and Zoning a11d Engineering Staff as follows: 2.1 Off-street parl<ing shall be provided in accordal1ce with Section 11-13 of the City of Meridian Z011il1g and Developlnent Ordi11ance and/or as detailed ill site-specific requirements~ 2~2 Paving alld stripil1g sllall be in accordallce with the standards set fortll in Sections 11-13-4.D~ and 11-13-4~E. of the City of Meridian Zoning alld Developmellt Ordinance and ill accordal1ce with Americalls with Disabilities Act (ADA) requirelnents. 2~3 A draillage plan desigl1ed by a State of Idaho lice11sed architect or el1gil1eer is required and shall be sublnitted to tIle City Engineer per City Ordinance 11-13-4~B~4 for all off-street parl<.ing areas~ All site drainage shall be contained and disposed of on-site~ 2~4 Outside lighting shall be designed and placed so as to not direct illtlmillation on any nearby residel1tial areas and it1 accordance with City Ordinance Section 11-13-4.C~ 2~5 Any existing dOlnestic wells al1d/or septic systems within this project shall have to be relnoved frolll their dOlnestic service per City Ordinance Section 9-1-4 al1d 9-4-8. Wells lnay be used for 11on-dolnestic purposes SUCll as landscape irrigatiol1~ ORDER CONDITIONAL USE PERMIT PLANNED DEVELOPMENT BY MERIDIAN FREEWAY ASSOCIATESIDBSI INDUSTRIAL LIMITED PARTNERSHIP / CUP-OI-009 R2 2.6 All irrigatiol1 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 irrigatiol1/drainage district, or lateral users association, with written cOl1firlnation of said approval submitted to the Ptlblic W orl<s Departlnent. 2~ 7 Provide landscaping in accordance with the La11dscaping Ordinal1ce, Title 12, Chapter 13. 2~8 All trash and/or garbage collection areas shall be el1closed on at least three (3) sides in accorda11ce with City Ordinance Section 11-12-1.C. The applicant shall coordi11ate trash enclosure locations alld construction requirelnents with Sal1itary Service Company (SSe) and provide a letter of approval or plal1s stalnped by sse to the Planning & Zoning Departmel1t whell applying for a Certificate of Zoning Compliance. 2.9 Provide five-foot-wide sidewall(s in accordal1ce with City Ordinance Section 12-5-2.1(. 2.10 All signage shall be ill accordance witll tIle standards set forth in Title 11) Chapter 14 of the City Zoning alld Development Ordillance. 2.11 All COllstructio11 shall conforln to the requirell1ellts of the .A1nericans with Disabilities Act. 2.12 The entire site is located withil1 the I-L Zone;, and t11e following uses shall be lilnited uses in the }..L zone with a conditiol1al use permit, along with any of the allowed I-L uses, as part of the Planned Developlue11t: I. Daycare cel1ter 2. Professional al1d sales offices 3~ COlTIlTIUnity and neighborhood shopping center *The Meridial1 City Code allows for lnodifications of district ORDER CONDITIONAL USE PERMIT PLANNED DEVELOPMENT BY MERIDIAN FREEWAY ASSOCIATESIDBSI INDUSTRIAL LIMITED PARTNERSHIP / CUP-OlMO009 ..3 regt.llations7 includillg such exceptions pertainillg to the district regulations governing use (12-6M5)1 vvhen the modification is desirable to achieve the objectives of the Planned Development. 2.13 Prior to constructiol1 of the Wester11 Electronics buildi11g, an agreement was made witll ACHD concernil1g the acquisition of the right-of-way on Overlal1d Road. No right-of -way was acquired for the installation of curb, gutter or sidewallc along Overland Road and, as depicted on the sublnitted site plan, there is currently no curb or gutter. A five-foot-wide detached sidewallc has been installed along Overland in froIlt of the Westerl1 Electronics developlnent as agreed to by the Developer and ACHD~ The right-of-way acquisition on Overland for the Wester11 Electrol1ics developlnent has been deferred Ul1til an improvement project is in design. There is no currel1t improvelnent project in desigIl at t11is time to improve Overland Road west of Stoddard Road. The Applicant shall install a five-foot-wide detached sidewallc along the full length of the planned developlnent1 adjacent to Overland Road in line with the existing sidewall<, and tIle Applica11t shall provide docUlnel1tation froIn ACHD addressillg tIle resolution of the rigllt~of-way issues prior to issuance of a building pertuit. 2. 14 The existing Western Electro11ics facility is served by a privately oW11ed and Inaintained sewage lift station that discharges to a City of Meridial1 sewer l11ain in Overland Road. The recently approved Bear Creel( Estates Subdivision discharges to the saIne manhole. Because Bear Creel< Estates was approved prior to the Western Electronics facility, only the projected excess capacity in the receivil1g sewer is available for the Western Electronics/T.V. Tecll11ical Ce11ter project. COlnputer model calculations show that the Western Electronics lift station is lilnited to a peal< flow of 80 gallons per lninute. The project shall continue to be selVed by the existil1g private lift station and pressure mail1 until such time as the Blaclc Cat Trunl< is available to serve this area~ The lift station may not discharge a flow greater tllan 80 gallo11s per lninute at allY tilne. Provisioll shall be Inade in the sanitary sewer systelTI such that the lift station can be aballdoned and the site sewer systeln connected to the Blacl< Cat Trunl( Sewer 1 or a lateral thereof, when it is available. "Available" shall be defil1ed as tIle tilne whe11 the sewer is extended ORDER CONDITIONAL USE PERMIT PLANNED DEVELOPMENT BY MERIDIAN FREEWAY ASSOCIATES/DBSI INDUSTRIAL LIMITED PARTNERSHIP / CUP-OI..009 ~4 c.. . through adjacent property to the western boundary of this project. This project shall include relocatio11 of the lift station to the northwest corner or installation of dry-lil1e sewer to t11e northwest corner with this project~ The applicant shall be responsible for the eventual cOl111ection to the Blacl< Cat Trunl( Sewer~ The City Council requires the applicant pay "Blacl< Cat Trunlc Seweru fees at the time of buildillg permit issuance~ These fees are estimated at $1500 per equivalent residential unit (ERU) and shall contribute to the evel1tual COl1strtlction of the Blaclc Cat Tru111< Sewer illto which this project is desig11ated to sewer. 2.15 The City of Meridian is in the process of drilling a l1ew domestic well witlli11 the Bear Creel( Estates Subdivisiol1 to provide service to this area. Preliminary fire flow delnand estimates by the Meridian Fire Departmel1t for t11is application indicate that up to 2,300 gpll1 flow could be required. Until the well is drilled al1d developed, its output rate is Ul11<110wn. Additiol1al developlnent within this project shall only proceed to the extent that the particular building, or phase, has an adequate supply of both domestic and fire protection water, as Inay be deterlnined by the City of Meridian Public W orl(s Department, and the Meridian Fire Departlnent. 2.16 A site report establishing the higllest seasonal groundwater elevatiol1 shall be sublnitted to the Public W orl<s Departlnent as part of the construction plal1 approval process within tIle Planned Developlnent~ 2.17 COllceptual engil1eering 1)lal1S, il1Cludillg profiles, shall be submitted to the Public W orI(s Departlnent prior to the City COUllCil hearing of this application. 2.18 C011ditions run with the land: fu1Y conditio11S attached to a final developlnellt plal1 shall run with the lal1d al1d shall110t lapse or be waived as the result of al1Y subsequent cllange in the tenancy or oW11ership of any or all said lands~ Such conditions shall be deelned as requirelnents for the issuance of the certificate of occupancy for any use or structure. 2.19 Design Review: All planned developments are subject to design review ORDER CONDITIONAL USE PERMIT PLANNED DEVELOPMENT BY MERIDIAN FREEWAY ASSOCIATES/DBSI INDUSTRIAL LIMITED PARTNERSHIP / CUP-OI-009 ..5 by the City staff and COUI1Cil (12-6-7H). All buildings, other than those buildings constructed of lilce material al1d design as submitted1 shall be subject to further design review by the COUI1Cil and Staff prior to construction. 2~20 The Applicant shall sublnit plans to the City Planning and Zoning Director for approval of a cOluprehensive planned sign program in accordance with Section 11-14-9(E) of the Sign Ordinance. The design of the signs il1cluded within the sign program shall incorporate Inaterials, colors, and shall be reflective of a caffiInan theIne that incorporates similar design elell1ents in terlTIS of materials, letter styles, sign type and sign shape~ 2.21 All utilities, i11cluding water, sanitary and storm sewers, electricity, gas and telephol1e lines shall be installed undergrou11d in either the public right of way or tltility easelnents. The design for adequate storm sewer facilities shall be provided to the City Engi11eer alld ACHD for review prior to construction. 2~22 A copy of the bylaws or other deed restrictions Wllich provide for t11e luaintenance alld control of all tIle opel1 space and COllllllon area shall be provided to the Council for review prior to approval~ 2.23 All required perimeter lalldscaping buffers (alol1g Overland Road and 1- 84) shall be installed prior to the issuance of an occupancy perluit for any newly constructed building witllin the plallned developlnent. All interior landscaping sllall be installed pursuant to the Landscaping Ordinance as additional buildings are constructed withil1 tile planl1ed developluent. 2.24 Only Ininor changes shall be made in the locatio!1, siting1 and l1eight of the proposed buildings, as authorized by the Building Official or as required by engineering or other unforeseen circumstances. Additionally, no such minor changes shall increase the volulne of any buildil1g or structure by lnore than I 0 perce11t (12-6-6F). *The Applicant llas requested that the sublnitted site plal1 be COl1sidered conceptllal in l1ature, meanil1g applicallt does not want to be lilnited to tIle nUlnber, ORDER CONDITIONAL USE PERMIT PLANNED DEVELOPMENT BY MERIDIAN FREEWAY ASSOCIATES/DBSI INDUSTRIAL LIMITED PARTNERSHIP / CUP-OI-009 ~6 ~/ {. t~. . size, desigtl or locatiol1 of buildings, parlcing lots or landscaping. The Applicant has stated that the development shall be driven by Inarl<et delnand. Approving a Conditional Use Perluit for a planned developlnent with nothing more tllall a conceptual site plan to be drivel1 by lnarl<et delnand allows the developer to do essentially whatever they would lil<e to do in the future without furtller approvals froIn the Councilor COlnlnission. Co.nditiol1S are placed upon the applicant to obtain a Conditional Use Pertuit for each. building withill the planl1ed developlnent, intel1ded for office, retail, or day care use. 2.25 A recorded subdivisio11 shall be required for any dedication of public right-of-way (with the exception of dedication 011 Overland Road, tIle widening of which is in accordance with the Meridian COlnprehensive Plan.), or the reco11figuratioll of existing parcels. 2.26 The City Council mal<es it clear that this is actually, as presented, a conceptual plan for a Conditional Use Pertuit. The developer shall be required to return to the COlnlllission and City Council for approval through the conditional use permit process of all office, retail or day care uses in the I-L zone. Adopt the Central District Health Departlnent's RecommendatiollS as follows: 2.27 The ApplicantJs central sewage and central water plans shall be sublnitted to and approved by the Idaho Department of Health & Welfare, Division of Ellviro11111el1tal Quality. 2.28 Run-off is not to create a lnosquito breeding probleln. 2.29 StorIllwater shall be pretreated through a grassy swale prior to discharge to tile subsurface to prevent ilnpact to groundwater and surface water qualitY7 or if other means of pretreatlnent of storm water discharge is provided, then Applicant shall furnish to the Public W orl(s Departlnent a copy of the proposed Operatioll and Mail1tel1ance Manual, includillg a schedule of regular maintena11ce for the drains. A COffilnitment shall be reqtlired that in the eve11t the draills do not effectively worl<, either through problems witll design or Inaintenance, developlnent of new ORDER CONDITIONAL USE PERMIT PLANNED DEVELOPMENT BY MERIDIAN FREEWAY ASSOCIATES/DBSI INDUSTRIAL LIMITED PARTNERSHIP / CUP-OI-009 - 7 ( . t,......:. . plans for a means to pretreat the starIn water discharge shall be req tlired. 2~30 The Engineers and architects involved with tIle design of the subject project shall obtail1 current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation~ Adopt the Recolnluendations of the Meridiall Fire Department as follows: 2.31 Applicants shall satisfy all fire code requirelnents including those pertailling to water flow and fire sprinlder systelns and 11ydrants~ Adopt the Recomlnendations of the Ada County Highway District as follows: 2.32 Applicant shall comply with ACHD's letters dated April 2, 2001 and April 4, 2001, and any future letter(s) on the project wilen tllorough review of the site is cOlnpleted~ Adopt the Recomlnendatio11S of the Natupa & Meridian Irrigation District as follows: 2~33 The Nalnpa & Meridiall Irrigation District's I(ennedy Lateral courses alollg tile south and west bou11daries of the project~ Any e11croachlnent without writtell approval1 plans a11d a signed License Agreement are ullacceptable. All storln drainage sllall be retail1ed on site. Adopt the Recoffilnel1dations of the Sanitary.Service as follows: 2~34 Enclosure sizes shall be reviewed for waste capacity. Adopt the Recolnmendations of t11e Water Department as follows: 2~35 Additional developmel1t within this project shall only proceed to the extent that the particular building, or phase) has an adequate supply of both dOlnestic and fire protectio11 water) as may be deterlnined by the City of Meridian Public Worl(s Department, and the Meridian Fire ORDER CONDITIONAL USE PERMIT PLANNED DEVELOPMENT BY MERIDIAN FREEWAY ASSOCIATESIDBSI INDUSTRIAL LIMITED PARTNERSHIP / CUP-OI-009 -8 t... . \. . Department. 3. The above COl1ditiol1S are COl1cluded to be reasonable and the applical1t shalllneet such requirelnents as a COl1ditiol1 of approval of the application for a conditional use perlnit. 4. Notice to Perlnit Holder) tllis COl1ditional use perlnit is not transferable without cOlnplyil1g with the provisiollS of Meridian City Code 9 11-17 -8, a copy of whicl1 is attached to this perluit. By action of the City Council at its regular lneeting held 011 the a Ii /-/~' day of ~~ , 200 I ~ . ~ D. Corrie, Mayor City of Meridian Copy served UpOl1 Applicant, tl1e Planning and Zoning Department, Public W orl(s Departrne11t and City Attorl1ey. f~ z 2-.--0 ( By. Dated: City ClerIc : r, ~ ~ . ~?~) ri~:t.::: Z~or~eridia~eridian 15360~reasure~all~ch~ntrC~OI-OO~rder~~POl-009.doc !~ tI '~\. \.9~ ~ ~ .1,/ . L 0 iJ":".1'~;: 'l ' ,......~ ,~ > J i;; ; ! ~ -;'t~~ '-~'. ..:.:~ .2:~.i:; \\\ \,\ \ ORDER CONDITIONAL USE PERMIT PLANNED DEVELOPMENT BY MERIDIAN FREEWAY ASSOCIATES/DBSI INDUSTRIAL LIMITED PARTNERSHIP / CUP-OI~009 - 9 * 1) "I ~ .J~ (,. ( . ... . . . . .. . City of Meridian.. ..: ..... . .. Public Works Dept. . . .. . .. To: Mayor and City Council ~u/ From: Brad Watsont P~E. CC: File, Gary Smith, PE Date: 06/15/01 Re: Proposed Agenda Items for June 19 City Council Meeting The Public Works Department respectfully requests the following items be placed on the June 19 City Council agenda. under Department Reports, for Councilfs consideration: Wastewater Treatment Plant Water Line Proiect - Chanae Order No.1.. This project included installation of a City water main loop around the VWVTP to provide fire protection and process water for the new dewatering facility ~ Inninger Construction was awarded the contract on March 27,2001 by City Council. Change Order No.1 involves both additions and deletions to contract as listed on the attached change order form. The net increase to the contract is $2f913" 71 for an amended contract total of $70,607.71" . Recommended Council Action: Approve Change Order No.1 for the WWTP Water Line Project in the amount $2,913.71 and authorize the Mayor to sign and City Clerk to attest the contract 2) Locust Grove Road! Fairview to Ustick - Agreement for Roadway ConstructionNVater & Sewer ImDrovements.. As you are likely aware, ACHD is planning to reconstruct and widen Locust Grove Road from Fairview Avenue to Ustick Road. The Public Works Department retained the roadway engineer (JUS Engineers, approved by City Council 2-27-01) to design all water and sewer facilities remaining in Locust Grove Road necessary to serve all properties along this area. The agreement with ACHD, a copy of which is enclosed, provides that ACHD will include the water and sewer improvements in their bid package and provide contract administration of the project. The City entered into a similar agreement with ACHD for From the desk of.. the FrankJin RoadlMeridian Road Project several years ago" The agreement states that the City of Meridian will reimburse ACHD up to $6,000.00. The actual amount will. be on the proportionate share of the total project costs Brad Watsoo, P.E. City Engineer Meridian Public Works Department 660 E. Wa1ertower lane, Suite 200 Meridian, Idaho 83642 ePage1 . (208) 89&-5500 Fox: (208) 887-1297 watsonb@ci.meridian.idus t" that are attributable to the water and sewer improvements. A preliminary cost estimate states that the water and sewer costs at approximately $194iOOO out of a total project estimate of $1,950,000, or roughly 10%. Recommended Council Action: Accept the Agreement for Roadway Construction/Sewer & Water Line Improvements with Ada County Highway District for construction contract administration in an amount not to exceed $6,000 and authorize ~e Mayor to sign and City Clerk to attest the agreement 3) Biosolids Dewatering Facility - Increase to Carollo Enaineersf Professional Services Aoreement As detailed in the enclosed Jetter from Carollo Engineers, delays associated with completion of the digester project, stabilization of the digestion process after completion and inadequacy of the water supply system to operate the dewatering facility, start-up and performance testing of the system has been delayed and prolonged. Carollo Engineers is requesting an increase to the construction services portion of their agreement in the amount of $7,100.00. As outlined in their letter, the total construction services portion of the agreement would increase from $45,324 to $52J424~ The Public Works Department agrees with their assessment of the situation and recommends amending their agreement. Carollo Engineers has provided the City with excellent service throughout the course of this project Recommended Council Action: Approve the Agreement Amendment with Carollo Engineers for the Biosolids Dewatering Facility increasing the construction services task order amount from $45,324 to $52,424 and authorize the Mayor to sign and City Clerk to attest the agreement 4) Water and Wastewater Deoartments - Diesel Fuel Delivery & Storace Eaui[)ment Leasina Proaram. As mentioned at the May 18 City Council meeting) the Water and Wastewater Departments have been working with their normal fuel supplier, Brico of Idaho, to provide a fuel delivery truck and storage trailer this summer. The purpose of this program is to provide fuel for the emergency generators at four wells, the three units at the VVVVTP and the trailer-mounted unit for lift stations~ The equipment would be stored at the V\lWTP with the storage trailer being in one the sludge drying beds (to provide secondary containment)~ The cost for the fuel delivery truck is $1 DO/day and the storage trailer would be $750/month. Assuming a lease period of July 1 through September 30f the total lease amount would be $9,200 for the delivery truck and $2,250 for the storage trailer. A copy of a lease agreement is enclosed and has been sent to the City Attorney's office for review. Recommendation: The Public Works, Water and Wastewater Deparbnents recommend that the lease agreement be executed for both the fuel delivery truck and the storage trailer. If the Council wishes to reduce the expenditure, we feel that at least having the fuel delivery truck on standby at the WWTP is appropriate. 5) Lease Aareement For Standby Generators at Wells No. 17 and No. 19.. This item was previously presented to Council at the May 18 meeting at which Council directed us to gather more information. Specifically, we were instructed to: 1) work with . Page 2 c.::..... ... c.:.... Western States. the low bidder, on negotiating a month-by-month lease rather the weekly lease amount originally solicited, and 2) obtain written information from Idaho Power Company as to the likelihood af blackouts this summer. Western States offered a modified lease price of $2,300/month compared to the $575/week originally submitted.. Assuming a 31-day month, the monthly lease would save about $250/month ($2,546 vs. $2,300). While Gary Smith spoke with Arden Davis of Idaho Power Company several weeks ago about the possibility of power outages this summer, he has not yet received written information from him.. We hope to provide written information to Council by the June 19 meeting. Recommendation: We will provide a recommendation after discussion at the Council meeting June 19. I apologize for the length of this memo. There is a fine line between being concise and thorough. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. . Page 3 rt~ 1- CONTRACT CHANGE ORDER DATE: June 41 2001 ORDER NO.: 1 CONTRACT FOR: WWTP Water Line Proiect OWNER: CITY OF MERIDIANt IDAHO TO: IRMINGER CONSTRUCTION, INC. (Contractor) You are hereby requested to comply with the following changes from the contract plans and specifications: Description of Changes In INCREASE ~ DECREASE This Change Order in Contract in Contract · (list separately) Price Price See attached detailed list, Exhibit nAil $4,978.51 $2,064.80 Sum of Increase and Decrease: $4,978.51 $2,O64~80 Net Change in Contract Price: $2,913.71 JUSTIFICATION (attach supplemental documents): See attached list, Exhibit riA" CHANGE IN CONTRACT PRICE: Original Contract Price: Previous Change Orders No. none to No.. none: Contract Price prior to this Change Order: Net (Increase/Decrease) of this Change Order: Contract Price with all approved Change Orders: $67~694.00 -0- $67 .694.00 $ 2.913.71 $70,607.71 :r~ .4 CHANGE IN CONTRACT TIME: Original Contract Time: Previous Change Orders No. none to No~ none: Contract Time prior to this Change Order: Net (Increase/Decrease) of this Change Order: Contract Time with all approved Change Orders: 30 days (4/9-5/9/01) 30 days 30 days (4/9-5/9/01) o days 30 days (4/9-5/9/01) This document will become a supplement to the Contract and all provisions will apply hereto. ACKNOWLEDGEMENT OF CHANGE ORDER LIMITS BY CONTRACTOR The increase or decrease in Contract price and/or Contract time stated in each and every Change Order shall unequivocally comprise the total price and/or time adjustment due or owed the CONTRACTOR for the work or changes ordered by the Change Order. By executing the change Orderf the CONTRACTOR acknowledges and agrees that the stipulated price and/or time adjustments represent full compensation for all increases or decreases in cost or the time required to perform the Contract as whole arising directly or indirectly from the Change Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non-affected work under Contract not changed by the Change Order. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in Contract price and/or time, subject to the current scope of the entire work as set forth in the Contract Documents. Acceptance of this Change order constitutes an agreement between Owner and CONTRACTOR that the Change Order represents an equitable adjustment to the Contractf and that CONTRACTOR will waive all rights to fife a claim of the Change Order after it is properly executed. All Change Orders shall include a written record, submitted by the CONTRACTOR, that states the basis of cost amount. including time and materials data, that enables the Owner to determine the necessity and reasonableness of the Change Order. Recommended By Engineer: Printed Name: \3 ('<:).~ WQ., -r~~ V\ DATE: 6 -. 4-a J Approved By: CONTRACTOR DA TE: (Signature) (Printed Name) Ti tie OWNER DATE: Robert D. Corrie, Mayor Attest: William G. Berg, Jr~l City Clerk Approved By City Council: (" ./!..... f \..:. J:fye.~!L Page1of1 CITY OF MERIDIAN 2001 K'K'TP - WA TER LINE Date: 4-Jun-01 Contractor; Irminger Constructiont J nc. Change Order Wctksheet No.: One Est Total Scheduled Quantity Value Quantity Overrun Cost Added Item Item Description Qty Unit Unit Price Value Com p reted Com pJ eted (underMrun) (deieted) 1 Mob Uizat ion 1 LS $31000.00 $3,000400 1 $3,000.00 0 $0.00 2 8" PVC Water1ine 3290 LF $9.80 $32t242EOO 3089 $30,272.20 (201 ) ($1 t 969.80) 3 6t. PVC Waterline 70 LF $8.00 $560400 71 $568~OO 1 $8.00 4 Fi re I-Iyd rant Assy 4 EA $1.400~OO $5,600.00 4 $5t600.00 0 $0.00 5 81' Gate VaJve 4 EA $8OOLOO $2.400.00 4 S2.400~ 00 0 SO. 00 6 6" Gate Valve 4 EA $450400 $11800.00 4 $1 ,800.00 0 $0.00 7 8" Tee, All MJ FL 3 EA $500.00 $11500.00 3 $1 ~500.00 0 $0.00 8 81'x8lt)d3fl T E!e~ MJ x MJ x FL 4 EA $275.00 $1 t 100400 4 $1,100.00 0 $0.00 9 an 9Q..Deg Bendt MJ x MJ 10 EA $160.00 $1 ,600.00 7 $1 t 120~OO (3) ($480.00) 10 811 45-Deg Bendt MJ x MJ 3 EA $150.00 $450.00 5 $750.00 2 $300.00 11 au 45-Deg Bend, FL x MJ 1 EA $200400 $200.00 0 $0.00 (1 ) ($200.00) 12 an 22 1/2-Deg Bend 1 MJ x MJ 2 EA $150.00 $300.00 0 $O~ 00 (2) ($300400) 13 8" 22 1/2-Deg Bend, FL x MJ 1 EA $200rOO $200~OO 0 $0.00 (1 ) ($200+00) 14 Bit 11 1/4-Deg Bend. MJ x MJ 2 EA $150400 $300.00 0 $0.00 (2) ($300.00) 15 2t Ser\Ii ce SaddJ e 2 EA $200ROO $400.00 2 $400.00 0 $0.00 16 8" MJ Plug 2 EA $50rOO $100.00 2 $100.00 0 $0.00 17 21 Water service Line 45 EA $20.00 $900.00 51 51.020.00 8 $120.00 18 Site BackflOYl assy 1 EA $11 ~500.00 $11.500.00 1 $11.500~OO 0 $0.00 19 Type ttP" Surface Repair 197 LF $6.00 $1 J 182.00 274 $1.644.00 n $462.00 20 Type 3 Surface repair 120 LF $3~ 00 $380.00 285 $855.00 165 $495.00 21 Mise Fence Repair and Site Restoration 1 LS $2.000.00 $2.000.00 1 $21000~ 00 0 $0.00 Totals: $67.694.00 $65,629.20 (52t064480) ADDfTIONAL ITEMS 2U f.Aeter Assembly 1 LS $1 t498.46 $11498.46 1 $1 .498446 S1t49S446 eo 22 1/2 bend1 MJ x MJ 1 LS 5214.59 $214r59 1 $214.59 $214.59 Fire Hydrant wI 41-6u bury 1 LS $195.48 $195448 1 $195r48 $195~48 Ch~e4"RPBAto6ftRP8A 1 LS $1 t324.98 $1 ,324.98 1 $1,324.98 $1 t 324.98 10 x 8 reducer, MJ x MJ 1 EA $275.00 $275.00 1 $275~ 00 $275.00 1 ~ ball valve 2 EA $35.00 $70.00 2 $70.00 $70.00 2-t curb stop wI grip j04nt fitting 1 EA $1 OO~OO $1 00.00 1 $100400 $1 00.00 an gate vaJve~ MJ x MJ 2 EA $650.00 $1 t300.00 2 $1 t3OO~OO $11300~ 00 Addilionalltems Totals: $4t978.51 $4~978.51 $4t978~51 Change Order T otal5: $72.672r51 $701607~71 $2,913.71 Original Contract Amount: Plus Change Orders Comp1eted To Date: Revised Contract Amount: $67 ~694.00 $2,913.71 $70~607.71 001 ~worksheet.xjs I Exhibit A ; , .i' . . . . . . . City of Meridian.. ....... .... Public Works Dept... . . (..:. .. \<:........ . ( . To: Mayor and City Council ~V From: Brad Watsont P.E. CC: File, Gary Smith, PE Date: 06/15/01 Re: Proposed Agenda Items for June 19 City Council Meeting The Public Works Department respectfully requests the following items be placed on the June 19 City Council agenda. under Department ReportsJ for Council's consideration: 1 ) Wastewater Treatment Plant Water Line Proiect - Chance Order No.. 1. This project included installation of a City water main loop around the WVVTP to provide fire protection and process water for the new dewatering facility. Irminger Construction was awarded the contract on March 27, 2001 by City Council.. Change Order No" 1 involves both additions and deletions to contract as listed on the attached change order form.. The net increase to the contract is $2J913.71 for an amended contract total of $70,607 .71. Recommended Council Action: Approve Change Order No.1 for the WWTP Water Line Project in the amount $2,913.71 and authorize the Mayor to sign and City Clerk to attest the contract I 2) Locust Grove Road, Fairview to Ustick - Aareement for Roadwav ConstructionNVater & Sewer Imorovements. As you are likely aware, ACHD is planning to reconstruct and widen Locust Grove Road from Fairview Avenue to Ustick Road.. The Public Works Department retained the roadway engineer (JUB Engineers, approved by City Council 2-27 -01) to design all water and sewer facilities remaining in Locust Grove Road necessary to serve all properties along this area. The agreement with ACHD, a copy of which is enclosed, provides that ACHD will include the water and sewer improvements in their bid package and provide contract administration of the project. The City entered into a similar agreement with ACHD for From 1hcdcsk of.. the Franklin RoadlMeridian Road Project several years ago. The agreement states that the City of Meridian will reimburse ACHD up to $6,000.00. The actual amount will be on the proportionate share of the total project costs Brad Watsoot P.E. City Engineer Meridian Public Works Department 660 E. Watertower Lane; Suite 200 Meridian, Idaho 83642 . Page 1 (208) 898-5500 Fax: (208) 887-1291 watson I:@ci.nu:ridian.idus that are attributable to the water and sewer improvements. A preliminary cost estimate states that the water and sewer costs at approximately $194,000 out of a total project estimate of $1 ,950,000, or roughly 10%4 Recommended Council Action: Accept the Agreement for Roadway Construction/Sevver & Water Line Improvements with Ada County Highway District for construction contract administration in an amount not to exceed $6,000 and authorize the Mayor to sign and City Clerk to attest the agreement 3) Biosofids Dewaterinq Facility - Increase to Carono Enaineersf Professional Services Agreement As detailed in the enclosed letter from Carollo Engineers, delays associated with completion of the digester project, stabilization of the digestion process after completion and inadequacy of the water supply system to operate the dewatering facility J start-up and perfonnance testing of the system has been delayed and prolonged. Carollo Engineers is requesting an increase to the construction services portion of their agreement in the amount of $7 J 1 00.00. As outlined in their I ette rr the total construction services portion of the agreement would increase from $45,324 to $52,424. The Public Works Department agrees with their assessment of the situation and recommends amending their agreement Carollo Engineers has provided the City with excellent service throughout the course of this project. Recommended Council Action: Approve the Agreement Amendment with Carollo Engineers for the Biosolids Dewatering Facility increasing the construction services task order amount from $45,324 to $52,424 and authorize the Mayor to sign and City Clerk to attest the agreement 4) Water and Wastewater Departments - Diesel Fuel Deliverv & Storage Eauipment Leasing Proqram. As mentioned at the May 18 City Council meeting, the Water and Wastewater Departments have been working with their normal fuel supplier, Brico of Idaho, to provide a fuel delivery truck and storage trailer this summer. The purpose of this program is to provide fuel for the emergency generators at four wells, the three units at the WWTP and the trailer-mounted unit for lift stations.. The equipment would be stored at the WWTP with the storage trailer being in one the sludge drying beds (to provide secondary containment)~ The cost for the fuel delivery truck is $1 DO/day and the storage trailer would be $750/month. Assuming a lease period of July 1 through September 301 the total lease amount would be $9,200 for the delivery truck and $2,250 for the storage trailer. A copy of a lease agreement is enclosed and has been sent to the City Attorney's office for review. Recommendation: The Public Works, Water and Wastewater Deparbnents recommend that the lease agreement be executed for both the fuel delivery truck and the storage trailer. If the Council wishes to reduce the expenditure, 'Ne feel that at least having the fuel delivery truck on standby at the WWTP is appropriate. 5) Lease Aoreement For Standby Generators at Wells No. 17 and No. 19. This item was previously presented to Council at the May 18 meeting at which Council directed us to gather more information. Specifically, we were instructed to: 1) work with . Page 2 Western States, the low bidder, on negotiating a month-by-month lease rather the weekly lease amount originally solicited, and 2) obtain written information from Idaho Power Company as to the likelihood of blackouts this summer. Western States offered a modified lease price of $2,300/month compared to the $575/week originally submitted4 Assuming a 31-day monthJ the monthly lease would save about $250/month ($2,546 vs. $2,300). While Gary Smith spoke with Arden Davis of Idaho Power Company several weeks ago about the possibility of power outages this summer, he has not yet received written information from him. We hope to provide written information to Council by the June 19 meeting. Recommendation: We will provide a recommendation after discussion at the Council meeting June 19. I apologize for the length of this memo. There is a fine line between being concise and thorough. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. . Page 3 .f [ (. :. rf~2 AGREEMENT FOR: ROADWAY CONSTRUCTION I SEWER & WATER LINE IMPROVEMENTS Locust Grove Road - Fairview to Ustick ACHD Project N09 52185 THIS AGREEMENT made and entered into this _ day of r 2001, by and between the ADA COUNTY HIGHWAY DISTRICT, by and through its Board of Commissioners hereinafter called DISTRICT, as first party, and the CITY OF MERIDIANt a municipal corporation, by and through its Mayor and City Council hereinafter called MERIDIAN as second party, both parties being a body politic and corporate of the State of Idaho. WITNESSETH WHEREAS, the DISTRICT and MERIDIAN desire to undertake a joint effort to share the tasks and costs of reconstructing Locust Grove between Fairview Avenue and Ustick Road) including water and sanitary sewer installations as detailed in Project Number 52185, hereinafter referred to as the CONTRACT. WHEREAS, the DISTRICT is willing to accommodate MERIDIAN'S request by arranging for installation of the water line and the sanitary sewer pipeline as part of the Project plans so long as the DISTRICT receives assurances that the DISTRICT will be fully reimbursed for all costs and expenses it incurs as a result of additional work attributed to the installation of the water line and the sanitary sewer pipeline within the Project boundaries, including but not limited to, costs for changed conditions, plan errors and omissions, and delays attributable to the water line or the sanitary sewer pipeline design and installation. NOW, THEREFORE, in consideration of the foregoing premises, mutual covenants and agreement herein containedl the parties hereto agree as follows: 1. DISTRICT SHALL: a. Be the party responsible for soliciting, receiving, and opening of bids and for executing and administering the construction CONTRACT for the roadway reconstructionf and sanitary sewer and water line installation work referenced herein; b. Provide MERIDIAN with a complete set of combined bid documents for the roadway reconstruction, and for the sanitary sewer and water line installation work referenced herein; Page 1 of 4 (..M..: ... (....... :E.(~ z. c. Furnish MERIDIAN with an abstract of all bids received, and obtain MERIDIAN'S concurrence with DISTRICT'S recommendation for award of the CONTRACT prior to making such award; d. Make monthly progress payments and the final CONTRACT payment to the Contractor in conformance with the terms of the construction CONTRACT; e. Submit to MERIDIAN a copy of each Contractor progress payment estimate, as such estimates are approved by DISTRICT, together with an invoice for MERIDIAN'S share of the construction CONTRACT costs earned by and to be paid to Contractor; f~ Provide for the reference and replacement of all pre-existing survey monuments within the work area; g" Provide. the trench compaction testing for the sanitary sewer and water line facilities from 1-foot above the pipe zone to sub-grade of the roadway section; trench compaction testing shall be provided at the minimum frequency rate of one (1) test per five hundred (500) lineal feet per foot of trench depth; provide all re-testing required in any area that does not meet CONTRACT requirements; and h.. Provide the field survey and grade control necessary for construction of the roadway. Centerline or offsets and stationing shall be established prior to MERIDIAN staking sanitary sewer, manhole locations, and service lines~ 2. MERIDIAN SHALL: a. Be the party responsible to provide the inspection, field survey and grade control required for the installation of all sanitary sewer and water facilities installed under the CONTRACT and provide copies of appropriate tests and diaries to the District Project Representative; b. Provide DISTRICT with the construction plans, special provisionst and unit bid quantities for the sanitary sewer and water facilities to be included in the bid documents for the CONTRACT (all work required for the sanitary sewer and water facilities to be performed in conformance with the 2000 Edition of the Idaho Standards for Public Works Construction (ISPWC) and the City of Meridian Standard Specifications and Drawings); c. Remit to DISTRICT, within thirty-five (35) calendar days after the date of invoice thereforeJ all funds for which MERIDIAN is responsible pursuant to the approved final CONTRACT payment estimate; Page 2 of 4 .J:~ z. d. Remit to DISTRICT within thirty-five (35) calendar days after the date of invoice thereforeJ all funds for which MERIDIAN is responsible pursuant to this Agreement; e~ Reimburse the DISTRICT. up to a maximum of $6fOOO~OO for all costs incurred by the DISTRICT. inclUding overhead and benefits~ project administration, compaction testing. and soils work required solely for the construction of the sanitary sewer and water facilities; mobilization, traffic control, flagging, detours, and weekly meetings shall be reimbursed on a prorated basis. The prorated basis for the above items will be calculated using the percentage of the MERIDIAN is project costs as they relate to the total project construction costs; f. Be liable for the cost of repairing any trench failures attributable to failure of sanitary sewer and water lines within the boundaries identified in the Contract, and be liable for and indemnify the District for any and all costs and damages resulting from any such trench failure; and g. Reimburse District for any additional costs to District attributable to the installation of sanitary sewer or to the removal of any or all items from the Contract that are associated with the installation of sanitary sewer and water pipelines~ 3. THE PARTIES HERETO FURTHER AGREE THAT: a. The CONTRACT amount for the sanitary sewer and water portion of the project to be reimbursed to DISTRICT by MERIDIAN shall be based on the actual quantities of work acceptably performed, and/or, installedJ as determined from field measurements, and paid for pursuant to the unit, and/or lump sum prices established in the Contract; b. MERIDIAN1S approval will be required for any change order work involving the sanitary sewer or water line installations; c. Prior to commencement of work by the Contractor, the parties will, together with the Contractort inspect the entire project for the purpose of reviewing the project to locate and note any unstable areas and resolve any items of concern or misu nd ersta nd i ng; d. This instrument contains the entire agreement between the parties with respect to the subject matter hereof; e. This Agreement may not be enlarged, modified, amended or altered except in writing signed by both of the parties hereto; Page 3 of4 :.;" ( . : r~z. f~ All signatories to this Agreement represent and warrant that they have the power to execute this Agreement and to bind the agency they represent to the terms of this Agreement; g~ Should either party to this Agreement be required to commence legal action against the other to enforce the terms and conditions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs incurred in said action; h. Any action at law, suit in equity, arbitration or judicial proceeding for the enforcement of this Agreement shall be instituted only in the courts of the State of Idaho, County of Ada; and i. This Agreement shall be binding upon and inure to the benefit of the personal representatives, heirs and assigns of the respective parties hereto~ IN WITNESS HEREOF, the parties hereto have executed this Agreement on the day and year herein first written. ADA COUNTY HIGHWAY DISTRICT CITY OF MERIDIAN By: By: William J. Schweitzer, Director Robert D. Corriel Mayor Date: Date: ATTEST: ATTEST: By: By: Susan Slaughter, Senior Admin. Assistant William G. Berg, Jr., City Clerk Page 4 of 4 ~. (~<,.:'~... ... :~ (r"'~.... . AGREEMENT FOR: ROADWAY CONSTRUCTION I SEWER & WATER LINE IMPROVEMENTS Locust Grove Road - Fairview to Ustick ACHD Project No. 52185 THIS AGREEMENT made and entered into this _ day of , 2001, by and between the ADA COUNTY HIGHWAY DISTRICT, by and through its Board of Commissioners hereinafter called DISTRICT, as first partyt and the CITY OF MERIDIAN, a municipal corporation, by and through its Mayor and City Council hereinafter called MERIDIAN as second party, both parties being a body politic and corporate of the State of Idaho. WITNESSETH WHEREAS, the DISTRICT and MERIDIAN desire to undertake a joint effort to share the tasks and costs of reconstructing Locust Grove between Fairview Avenue and Ustick Road, including water and sanitary sewer installations as detailed in Project Number 52185, hereinafter referred to as the CONTRACT. WHEREAS, the DISTRICT is willing to accommodate MERIDIAN'S request by arranging for installation of the water line and the sanitary sewer pipeline as part of the Project plans so long as the DISTRICT receives assurances that the DISTRICT will be fully reimbursed for all costs and expenses it incurs as a result of additional work attributed to the installation of the water line and the sanitary sewer pipeline within the Project boundaries, including but not limited to, costs for changed conditions, plan errors and omissions, and delays attributable to the water line or the sanitary sewer pipeline design and installation. NOW, THEREFORE, in consideration of the foregoing premises, mutual covenants and agreement herein contained, the parties hereto agree as follows: 1. DISTRICT SHALL: a. Be the party responsible for soliciting, receiving. and opening of bids and for executing and administering the construction CONTRACT for the roadway reconstruction, and sanitary sewer and water line installation work referenced herein; b. Provide MERIDIAN with a complete set of combined bid documents for the roadway reconstruction, and for the sanitary sewer and water line installation work referenced herein; Page 1 of 4 c. Furnish MERIDIAN with an abstract of all bids received, and obtain MERIDIAN'S concurrence with DISTRICT'S recommendation for award of the CONTRACT prior to making such award; d. Make monthly progress payments and the final CONTRACT payment to the Contractor in conformance with the terms of the construction CONTRACT; e. Submit to MERIDIAN a copy of each Contractor progress payment estimate, as such estimates are approved by DISTRICT, together with an invoice for MERIDIAN'S share of the construction CONTRACT costs earned by and to be paid to Contractor; f. Provide for the reference and replacement of all pre-existing survey monuments within the work area; g. Provide. the trench compaction testing for the sanitary sewer and water line facilities from 1-foot above the pipe zone to sub-grade of the roadway section; trench compaction testing shall be provided at the minimum frequency rate of one (1) test per five hundred (500) lineal feet per foot of trench depth; provide all re-testing required in any area that does not meet CONTRACT requirements; and h. Provide the field survey and grade control necessary for construction of the roadway. Centerline or offsets and stationing shall be established prior to MERIDIAN staking sanitary sewer, manhole locations, and service lines. 2. MERIDIAN SHALL: a. Be the party responsible to provide the inspection, field survey and grade control required for the installation of all sanitary sewer and water facilities installed under the CONTRACT and provide copies of appropriate tests and diaries to the District Project Representative; b. Provide DISTRICT with the construction planst special provisionsl and unit bid quantities for the sanitary sewer and water facilities to be included in the bid documents for the CONTRACT (all work required for the sanitary sewer and water facilities to be performed in conformance with the 2000 Edition of the Idaho Standards for Public Works Construction (ISPWC) and the City of Meridian Standard Specifications and Drawings); c. Remit to DISTRICT, within thirty-five (35) calendar days after the date of invoice therefore, all funds for which MERIDIAN is responsible. pursuant to the approved final CONTRACT payment estimate; Page 2 of 4 ( d. Remit to DISTRICT within thirty-five (35) calendar days after the date of invoice therefore, all funds for which MERIDIAN is responsible pursuant to this Agreement; . e~ Reimburse the DISTRICT, up to a maximum of $6,000.00 for all costs incurred by the DISTRICT, including overhead and benefits, project administration, compaction testing, and soils work required solely for the construction of the sanitary sewer and water facilities; mobilization, traffic control, flagging. detours, and weekly meetings shall be reimbursed on a prorated basis. The prorated basis for the above items will be calculated using the percentage of the MERIDIAN'S project costs as they relate to the total project construction costs; f. Be liable for the cost of repairing any trench failures attributable to failure of sanitary sewer and water lines within the boundaries identified in the Contract, and be liable for and indemnify the District for any and all costs and damages resulting from any such trench failure; and g~ Reimburse District for any additional costs to District attributable to the installation of sanitary sewer or to the removal of any or all items from the Contract that are associated with the installation of sanitary sewer and water pipelines. 3. THE PARTIES HERETO FURTHER AGREE THAT: a~ The CONTRACT amount for the sanitary sewer and water portion of the project to be reimbursed to DISTRICT by MERIDIAN shall be based on the actual quantities of work acceptably performed, and/or, installed, as determined from field measurements, and paid for pursuant to the unit, and/or lump sum prices established in the Contract; b. MERIDIAN'S approval will be required for any change order work involving the sanitary sewer or water line installations; c. Prior to commencement of work by the Contractor, the parties will, together with the Contractor, inspect the entire project for the purpose of reviewing the project to locate and note any unstable areas and resolve any items of concern or misu ndersta ndi ng; d.. This instrument contains the entire agreement between the parties with respect to the subject matter hereof; e. This Agreement may not be enlarged, modified, amended or altered except in writing signed by both of the parties hereto; Page 3 of 4 ~? t... ...~ ~ :. .. .. . (" .. f. All signatories to this Agreement represent and warrant that they have the power to execute this Agreement and to bind the agency they represent to the terms of this Agreement; g. Should either party to this Agreement be required to commence legal action against the other to enforce the terms and conditions of this Agreement, the prevailing party shall be entitled to reasonable attorney.s fees and costs incurred in said action; h. Any action at law, suit in equity, arbitration or judicial proceeding for the enforcement of this Agreement shall be instituted only in the courts of the State of Idaho, County of Ada; and L This Agreement shall be binding upon and inure to the benefit of the personal representatives, heirs and assigns of the respective parties hereto~ IN WITNESS HEREOF, the parties hereto have executed this Agreement on the day and year herein first written~ ADA COUNTY HIGHWAY DISTRICT By: By: William J. Schweitzer, Director Date: ATTEST: By: By: Susan Slaughter, Senior Admin. Assistant Afpro~~" ~v.\I\t,ll ~ }l ~ I (J I Page 4 of 4 ~..J! (..:......:.... (,::'" . . . City of Meridian ....... :. Public Works Dept.~. . . To: Mayor and City Council ~t'J From: Brad Watson, P~E~. cc: File, Gary Smithf PE Date: 06/15/01 Re: Proposed Agenda Items for June 19 City Council Meeting The Public Works Department respectfully requests the following items be placed on the June 19 City Council agenda, under Department Reports, for Councilrs consideration: 1 ) Wastewater Treatment Plant Water line Proiect - Chanae Order No.. 1. This project included installation of a City water main loop around the W\NTP to provide fire protection and process water for the new dewatering facility ~ Irminger Construction was awarded the contract on March 27, 2001 by City Council. Change Order No.1 involves both additions and deletions to contract as listed on the attached change order form. The net increase to the contract is $2,913.71 for an amended contract total of $70,607.71. Recommended Council Action: Approve Change Order No.1 for the WWTP Water Line Project in the amount $2,913.71 and authorize the Mayor to sign and City Clerk to attest the contract 2) Locust Grove Road. Fairview to Ustick - Aareement for Roadway ConstructionNVater & Sewer ImDrovements. As you are likely aware, ACHD is planning to reconstruct and widen Locust Grove Road from Fairview Avenue to Ustick Road" The Public Works Department retained the roadway engineer (JUB Engineers, approved by City Council 2-27 -01) to design all water and sewer facilities remaining in Locust Grove Road necessary to serve all properties along this area" The agreement with ACHD, a copy of which is enclosed, provides that ACHD will include the water and sewer improvements in their bid package and provide contract administration of the project. The City entered into a similar agreement with ACHD for Fromthedeskot:.. the FrankJin RoadlMeridian Road Project several years ago. The agreement states that the City of Meridian will reimburse ACHD up to $6,000.00. The actual amount will be on the proportionate share of the total project costs Brad Watson, P.E. City Engineer Meridian Public Works Department 660 Ii Watertower Lent; Suite 200 Meridian, Idaho 83642 . Page 1 (208) 898-5500 Fax: (208) 887~ 1297 _ watsonb@ci.meridian.idus ( ( that are attributable to the water and sewer improvements. A preliminary cost estimate states that the water and sewer costs at approximately $194iOOO out of a total project estimate of $1 ,950,000, or roughly 10%. Recommended Council Action: Accept Ute Agreement for Roadway Construction/Sevver & Water Line Improvements with Ada County Highway District for construction contract administration in an amount not to exceed $6,000 and authorize the Mayor to sign and City Clerk to attest the agreement 3) Biosolids Dewaterina Facility - Increase to Carollo EnaineersJ Professional Services Aareement As detailed in the enclosed letter from Carollo Engineers, delays associated with completion of the digester project, stabilization of the digestion process after completion and inadequacy of the water supply system to operate the dewatering facility f start-up and performance testing of the system has been delayed and prolonged.. Carollo Engineers is requesting an increase to the construction services portion of their agreement in the amount of $7,100.00. As outlined in their letter~ the total construction services portion of the agreement would increase from $45,324 to $52f424K The Public Works Department agrees with their assessment of the situation and recommends amending their agreement. Carollo Engineers has provided the City with excellent service throughout the course of this project. Recommended Council Action: Approve the Agreement Amendment with Carollo Engineers for the Biosolids Dewatering Facility increasing the construction services task order amount from $45,324 to $52,424 and authorize the Mayor to sign and City Clerk to attest the agreement 4) Water and Wastewater Deoartments - Diesel Fuel Delivery & Storace Eauioment leasing Proaram. As mentioned at the May 18 City Council meeting, the Water and Wastewater Departments have been working with their normal fuel supplier, Brico of Idaho, to provide a fuel delivery truck and storage trailer this summer.. The purpose of this program is to provide fuel for the emergency generators at four wells, the three units at the V\NVTP and the trailer-mounted unit for lift stations. The equipment would be stored at the WWTP with the storage trailer being in one the sludge drying beds (to provide secondary containment). The cost for the fuel delivery truck is $1 DO/day and the storage trailer would be $750/month. Assuming a lease period of July 1 through September 30, the total lease amount would be $9.200 for the delivery truck and $2,250 for the storage trailer~ A copy of a lease agreement is enclosed and has been sent to the City Attorney's office for review ~ Recommendation: The Public Works, Water and Wastewater Deparbnents recommend that the lease agreement be executed for both the fuel delivery truck and the storage trailer. If the Council wishes to reduce the expenditure, we feel that at least having the fuel delivery truck on standby at the WWTP is appropriate. 5) Lease Aoreement For Standby Generators at Wells No. 17 and No. 19.. This item was previously presented to Council at the May 18 meeting at which Council directed us to gather more infonnation. Specificany. we were instructed to: 1) work with . Page 2 ( ( Western States, the low bidder, on negotiating a month-by-month lease rather the weekly lease amount originally solicited1 and 2) obtain written information from Idaho Power Company as to the likelihood of blackouts this summer~ Western States offered a modified lease price of $2t300/month compared to the $575/week originally submitted~ Assuming a 31-day month, the monthly lease would save about $250/month ($21546 vs. $2,300). While Gary Smith spoke with Arden Davis of Idaho Power Company several weeks ago about the possibility of power outages this summer, he has not yet received written infonnation from him~ We hope to provide written information to Council by the June 19 meeting. Recommendation: We will provide a recommendation after discussion at the Council meeting June 19. I apologize for the length of this memo. There is a fine line between being concise and thorough. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. . Page 3 (r'....:. I ~RI7~eL~rq rr~3 I )(lll if 1(1/ (~(' ( () (I J.{'U I i rr(,~ 'l~.'{J)(Jt{.~i i~(~~ (/li(l I illl t'''{)/'l t i()II.~+ ~ /i ". Iii ().-;r' l (~C I~(' 1~1.1('. ./\ ~~~ :J I .~. ~.~ 2001 April 1 Of 2001 Brad Watson City of Meridian 200 E~ Carlton, Suite 1 00 Meridian, ID 83642 Subject: Biosolids Dewatering Project Dear Brad: As you know, the schedule for Final Completion of the subject project has been extended longer than originally anticipated, due to construction issues out of the control of the City, or Carollo Engineers~ The dewatering project was originally supposed to be completed by Turn-Key on, or around April 1, 2000.. Due to a change order and some equipment-related delays, the project was substantially completed approximately one month Jate" However, final performance testing of the centrifuges and closeout of the contract require completion of the City's new digester and stabilization of the biosolids, so that the testing is done using a consistent feed source. The performance testing has not yet been completed and has been delayed approximately one year to date. However, the City's digester process has recently stabilized, and the performance test can now be run. Per John Shawcroft, the plant's potable water system will be upgraded within 60 days, and this may further enhance the polymer and centrifuge systems' performance~ Therefore, we recommend scheduling the performance testing with Turn-Key and Andrtiz shortly after the water system upgrade is completed.. Our budget for engineering services during construction was $45,324..00" We used the remainder of this budget last spring, during startup of the centrifuge~ Startup of the equipment took longer than anticipated because the biosolids quality was inadequate (due to de~stabilization of the digester process) and because the digester electrical and control system was not completed and de-bugged.. Start-up of the centrifuge was also delayed because the contractor failed to adequately start-up and test the ancillary equipment (such as the diverter gate, polymer system~ flow meter, etc,,) prior to arrival of the Andritz representative on-site. Since our last invoice in July, we have used approximately $1 ,900..00 additional budget, which primarily includes my time at Keller Associates for attending meetings with the digester project team, assisting treatment plant staff with additional startup issues, preparation of payment requests, and management of warranty repair work. 12592 WEST EXPLORER DRIVE. SUITE 200 II BOJSE. JDAHO 83713. (20B) 37602288 · FAX (208) 376~2251 Brad Watson City of Meridian April 1 0, 2001 Page 2 (,.... ... c....:-.. :Z:~3 To finish the project, we anticipate that approximately 40 additional hours will be required to supervise, evaluateJ and certify the performance testing of the centrifuge, complete the record drawings, and submit project closeout documents to the City and to DEQ" Therefore, we are requesting an extension of our contract in the amount of $1 J900 for services completed to date, plus $5,200 for the remainder of our services on the project.. This will increase the total construction engineering service contract to $52,424.00~ or approximately 40/0 of construction. If this is acceptable to the City, we can prepare an additional task order (Task Order 4) and submit to you for signatures, or we can simply send additional invoices, following a Jetter of authorization from the City. Please Jet us know how you would like to proceed, and do not hesitate to call if you have any questions, or comments regarding our services or anticipated schedule. Sincerely, CAROLLO ENGINEERS, P.C. r 12.~~~ Tim Tekippe TT:crb cc: Patrick White Project No..: 4504a.20 G:\ARCHIVE\M EA rD IAN\4 504A.20\4 1 001. DOC ~ dJ c.... . (" . . City of Meridian:. .. ... Public Works Dept.. To: Mayor and City Council ~V From: Brad Watson, P,E, CC: File, Gary Smith, PE Date: 06/15/01 Re: Proposed Agenda Items for June 19 City Council Meeting The Public Works Department respectfully requests the following items be placed on the June 19 City Council agenda. under Department Reports, for Council's consideration: 1) Wastewater Treatment Plant Water line Proiect - Chanae Order No.1.. This project included installation of a City water main loop around the VWVTP to provide fire protection and process water for the new dewatering facility. Inninger Construction was awarded the contract on March 27, 2001 by City Council. Change Order NO.1 involves both additions and deletions to contract as listed on the attached change order form. The net increase to the contract is $2,913,71 for an amended contract total of $70,607~71. Recommended Council Action: Approve Change Order No.1 for the WWTP Water Line Project in the amount $2,913.71 and authorize the Mayor to sign and City Clerk to attest the contract 2) Locust Grove Roadt Fairview to Ustick - Aareement for Roadwav ConstructionMlater & Sewer ImlJrovements. As you are likely aware, ACHD is planning to reconstruct and widen Locust Grove Road from Fairview Avenue to Ustick Road. The Public Works Department retained the roadway engineer (JUS Engineers, approved by City Council 2-27 -01) to design all water and sewer facilities remaining in Locust Grove Road necessary to serve all properties along this area. The agreement wnh ACHD, a copy of which is enclosed, provides that ACHD will include the water and sewer improvements in their bid package and provide contract administration of the project. The City entered into a similar agreement with ACHD for From the desk ot:.. the FrankJin RoadlMeridian Road Project several years ago. The agreement states that the City of Meridian will reimburse ACHD up to $6,000.00. The actual amount will be on the proportionate share of the total project costs Bnd Watsoo, P.E. City Engineer Meridian Public Works Department 660 R Watcrtower Lane, Suite 200 Meri~ Idaho 83642 . Page 1 (208) 89S-5500 Fax: (208) 887-1297 watsonl@cLmeridian.idus \..<: . / . 1 : . \: ... that are attributable to the water and sewer improvements. A preliminary cost estimate states that the water and sewer costs at approximately $194~OOO out of a total project estimate of $1 ,950fOOO, or roughly 10%. Recommended Council Action: Accept the Agreement for Roadway Construction/Sewer & Water Line Improvements with Ada County Highway District for construction contract administration in an amount not to exceed $6,000 and authorize the Mayor to sign and City Clerk to attest the agreement 3) BiosoHds Dewaterina Facility - Increase to Carollo Enqineers' Professional Services Aoreement. As detailed in the enclosed letter from Carollo Engineers, delays associated with completion of the digester project, stabilization of the digestion process after completion and inadequacy of the water supply system to operate the dewatering facility f start-up and performance testing of the system has been delayed and prolonged.. Carollo Engineers is requesting an increase to the construction services portion of their agreement in the amount of $71100.00. As outlined in their letter, the total construction services portion of the agreement would increase from $45,324 to $52,424. The Public Works Department agrees with their assessment of the situation and recommends amending their agreement. Carollo Engineers has provided the City with excellent service throughout the course of this project Recommended Council Action: Approve the Agreement Amendment with Carollo Engineers for the Biosolids Dewatering Facility increasing the construction services task order amount from $45,324 to $52,424 and authorize the Mayor to sign and City Clerk to attest the agreement 4) Water and Wastewater Departments - Diesel Fuel Delivery & Storace Eauioment Leasing Proqram. As mentioned at the May 18 City Council meeting, the Water and Wastewater Departments have been working with their normal fuel supplier, Brico of Idaho, to provide a fuel delivery truck and storage trailer this summer. The purpose of this program is to provide fuel for the emergency generators at four wells, the three units at the WWTP and the trailer-mounted unit for lift stations. The equipment would be stored at the WVVTP with the storage trailer being in one the sludge drying beds (to provide secondary containment)~ The cost for the fuel delivery truck is $100/day and the storage trailer would be $750/month. Assuming a lease period of July 1 through September 30, the total lease amount would be $9,200 for the delivery truck and $2,250 for the storage trailer.. A copy of a lease agreement is enclosed and has been sent to the City AttomeyJs office for review. Recommendation: The Public Works, Water and Wastewater Deparbnents recommend that the lease agreement be executed for both the fuel delivery truck and the storage trailer. If the Council wishes to reduce the expenditure, we feel that at least having the fuel delivery truck on standby at the WWTP is appropriate. 5) Lease Aoreement For Standby Generators at Wells No. 17 and No. 19.. This item was previously presented to Council at the May 18 meeting at which Council directed us to gather more infonnation. Specifically, we were instructed to: 1) work with . Page 2 f. .ri.... . Western States, the low bidder, on negotiating a month-by-month lease rather the weekly lease amount originally solicited, and 2) obtain written information from Idaho Power Company as to the likelihood of blackouts this summer. Western States offered a modified lease price of $2,300/month compared to the $575/week originally submitted. Assuming a 31-day month, the monthly lease would save about $250/month ($2,546 VS~ $2,300)~ While Gary Smith spoke with Arden Davis of Idaho Power Company several weeks ago about the possibility of power outages this summer, he has not yet received written information from him.. We hope to provide written information to Council by the June 19 meeting. Recommendation: We will provide a recommendation after discussion at the Council meeting June 19. I apologize for the length of this memo~ There is a fine line between being concise and thorough. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. . Page 3 I~4 LEASE AGREEMENT BriCo of Idaho, Inc~ agrees to lease to the City of Meridian one fuel delivery tank wagon truck and one 5600 gallon storage trailer~ The tenn of the lease will be from June 18, 2001 until September 30, 200 I. The following conditions will apply: 1. The City of Meridian will lease .from BriCa of Idaho the above mentioned equipment, and keep on site at the Wastewater Treatment Plant (WWTP), at the rate of: a. fuel delivery tank wagon truck at $100.00 per day. b. 5600 gallon storage trailer $750.00 per month; partial months will be prorated according to the number of days the storage trailer is physically on-site at the WWTP~ c. terms on paymen.t will be net 30 day. :BriCo will deliver the leased equipment to the City of Meridian Wastewater Treatment Plant, 340 1 N.orth Ten Mile Road, on or before the day when the lease commences. 2. The City of Meridian will allow only a qualified driver with a Class B Commercial Drivers .L.icense with Hazardous and Tank Endorsements to drive the fuel delivery tank wagon truck. 3. The City of Meridian will provide maintenance for the leased equipment for term of lease. BriCo will provide, upon delivery of the equipment, a written documentation detailing maintenance requirements, procedures and materials. 4. BriCo of Idaho at the end of this Lease Agreement will purchase back the unused fuel from the City of Meridian at the rack price of the day returned (rack price will be provided to the City of Meridian by BriCo of Idaho). 5. The City of Meridian will be responsible for the clean-up of any spills of product from any piece of equipment contained in this lease for the term of this lease~ 6. BriCo of Idaho will satisfy an comp.liance testing on equipment before lease goes into effect. 7. BriCo of Idaho will also maintain insurance on the leased equipment and provide a copy of the Certificate oflnsurance to the City of Meridian upon delivery of the equipment. 8~ .BriCo of Idaho will indemnitY and hold harmless, to the fullest extent pennitted by law, the City of Mer.idian and its employees from and against all claims, damages, losses and expenses including, but not limited to, attorneys' fees arising out of or resulting from the use of the lease equipment, provided that any such claim, damage, loss or expense is caused in whole or in part by any negligent act or omission ofBriCo of Idaho, its subcontractor(s), anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be I iable, regardless of whether or not it is caused in part by a party indemnified hereunder. 9. During the tenn of the lease, the City of Meridian will have the right to refuse any request of BriCo of Idaho to borrow or otherwise take the leased equipment off-site. If the City of Meridian grants BriCo ofIdaho's request to borrow any of the leased equipment, and while I/~4 the leased equip.ment is in BriCo of Idaho's possession an emergency occurs wherein the City of Meridian requires immediate use of the leased equipment, BriCo of Idaho will provide the leased equipment, or equivalent equipment, to the City of Meridian WWTP within two (2) hours of the City's verbal request.. Liquidated damages in the amount of $250 per hour beyond th.e two-hour requisition period will be deducted from any lease payment due to BriCo of Idaho. lO~ The City of Meridian may terminate the lease upon fourteen (14) days written notice to BriCo ofldaho~ The written termination notice will contain the last day the City of.Meridian requires the leased equipment to be at the WWTP. BriCo of Idaho will remove the leased equipment from the City's property within seven days of the noticed lease termination date. Payment will not be made to BriCa of Idaho for any days or time beyond the .Iease term.ination date the equipment is at the WWTP. City of Meridian, Idaho By: Attest: Robert D. Corrie, Mayor William G~ Berg, Jr", City Clerk Approved by City Council: :BriCo of Idaho, Inc. By: Attest: (signature) (sign ature) Name: Doug Maestas (printed) Name: (printed) Titl e " ~ " ~ " ;"; (....::.:.:....: (:::.:. .. .. "" " City of Meridian". .. Public Works Dept. To: Mayor and City Council From: Brad Watson, P.E. CC: File, Gary Smith) PE Date: 06/15/01 Re: Proposed Agenda Items for June 19 City Council Meeting ~v The Public Works Department respectfully requests the following items be placed on the June 19 City Council agenda, under Department Reports, for Council's consideration: 1) Wastewater Treatment Plant Water Line Proiect - Change Order No.1. This project included installation of a City water main loop around the WWTP to provide fire protection and process water for the new dewatering facility. Irminger Construction was awarded the contract on March 27, 2001 by City Council. Change Order No~ 1 involves both additions and deletions to contract as listed on the attached change order form. The net increase to the contract is $2,913.71 for an amended contract total of $70t607.71. Recommended Council Action: Approve Change Order No.1 for the wwrp Water Line Project in the amount $2,913.71 and authorize the Mayor to sign and City Clerk to attest the contract 2) Locust Grove Road~ Fairviewto Ustick-Aareement for Roadwav ConstructionNVater & Sewer Improvements~ As you are likely aware, ACHD is planning to reconstruct and widen Locust Grove Road from Fairview Avenue to Ustick Road~ The Public Works Department retained the roadway engineer (JUB Engineers, approved by City Council 2-27 -01) to design all water and sewer facilities remaining in Locust Grove Road necessary to serve all properties along this area. The agreement with ACHD, a copy of which is encJosedf provides that ACHD will include the water and sewer improvements in their bid package and provide contract administration of the project The City entered into a similar agreement with ACHD for From dte desk of.. the Franklin RoadlMeridian Road Project several years ago~ The agreement states that the City of Meridian will reimburse ACHD up to $6,000.00. The actual amount will be on the proportionate share of the total project costs "Brad \Vatson, P~E. City Engineer Meridian Public Works Department 660 E. Watertower Lanf; Suite 200 Meridian, Idaho 83642 . Page 1 (208) 898-5500 Fax: (208) 887-1297 watson b@lci .meridian.idus ( (. that are attributable to the water and sewer improvements.. A preliminary cost estimate states that the water and sewer costs at approximately $194,000 out of a total project estimate of $1 ,950,000, or roughly 10%. Recommended Council Action: Accept the Agreement for Roadway Construction/Sewer & Water Line Improvements with Ada County Highway District for construction contract administration in an amount not to exceed $6,000 and authorize the Mayor to sign and City Clerk to attest the agreement 3) Biosolids Dewatering Facility - Increase to Carollo Engineers' Professional Services Agreement As detailed in the enclosed letter from Carollo EngineersJ delays associated with completion of the digester project, stabilization of the digestion process after completion and inadequacy of the water supply system to operate the dewatering facility, start-up and performance testing of the system has been delayed and prolonged~ Carollo Engineers is requesting an increase to the construction selVices portion of their agreement in the amount of $7,100.00. As outlined in their letter, the total construction services portion of the agreement would increase from $45,324 to $52,424. The Public Works Department agrees with their assessment of the situation and recommends amending their agreement. Carollo Engineers has provided the City with excellent service throughout the course of this project. Recommended Council Action: Approve the Agreement Amendment with Carollo Engineers for the Biosolids Dewatering Facility increasing the construction services task order amount from $45,324 to $52,424 and authorize the Mayor to sign and City Clerk to attest the agreement 4) Water and Wastewater Departments - Diesel Fuel Delivery & StoraQe Eauipment Leasing Proaram. As mentioned at the May 18 City Council meeting, the Water and Wastewater Departments have been working with their normal fuel supplier, Brico of Idaho, to provide a fuel delivery truck and storage trailer this summer. The purpose of this program is to provide fuel for the emergency generators at four wells, the three units at the WWTP and the trailer-mounted unit for lift stations. The equipment would be stored at the WWTP with the storage trailer being in one the sludge drying beds (to provide secondary containment). The cost for the fuel delivery truck is $1 DO/day and the storage trailer would be $750/month~ Assuming a lease period of July 1 through September 30, the total lease amount would be $9 J200 for the delivery truck and $2,250 for the storage trailer. A copy of a lease agreement is enclosed and has been sent to the City AttomeyJs office for review. Recommendation: The Public Works, Water and Wastewater Departments recommend that the lease agreement be executed for both the fuel delivery truck and the storage trailer. If the Council wishes to reduce the expenditure, we feel that at least having the fuel delivery truck on standby at the WWTP is appropriate. 5) Lease Agreement For Standby Generators at Wells No. 17 and No. 19. This item was previously presented to Council at the May 18 meeting at which Council directed us to gather more information. Specifically, we were instructed to: 1) work with . Page 2 c. (" Western States, the low bidder, on negotiating a month-by-month lease rather the weekly lease amount originally solicitedf and 2) obtain written infonnation from Idaho Power Company as to the likelihood of blackouts this summer~ Western States offered a modified lease price of $2,300/month compared to the $575/week originally submitted. Assuming a 31-day month, the monthly lease would save about $250/month ($2,546 vs. $2J300)~ While Gary Smith spoke with Arden Davis of Idaho Power Company several weeks ago about the possibility of power outages this summerl he has not yet received written information from him. We hope to provide written information to Council by the June 19 meeting~ Recommendation: We will provide a recommendation after discussion at the Council meeting June 19. I apologize for the length of this memo. There is a fine line between being concise and thorough. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. . Page 3 {:/n.. . John Flaherty Construction 6002 Franklin Rd.~ Boise, 10 83709 : .. ~ .... .. ...~: . . ~ .. . . . ~ . ~ :.. . ~ :. ... ~.: . ..".. .:.. _:. : . . --. June 18, 2001 / \Yl J /J /1 ,i )!1...lft;{~. ,(;{/o It~ ( C /IV"' r<;".v~ 8EIVE A TTN: Shelby j i,J J 8 200.j )F MERJDIAN :LERK OFFICE Mayor Robert Corrie And City Council Members Meridian City Hall 33 ~ast Idaho Street Meridianl Idaho 832642 r-.ef 5~/;;;f<trtt. J::."E~.. 4~/. r .t.? ~i. ~.. ~ } .#' 1/./ ~-p. ::.. . :.~ hl~ ~W.'V ,1...} {(.sf 5' r --' if . ~J- l.r-7-tft..,. V' ~.< , We are requesting that the Vc. hn Flaherty Const. Jnc~ For Lot 38 Block 14 of the Thousand Springs Sub~. 2421 E. Weir Creek Dr. R espectfu lIy; . .' ".:. ........ F. ~....:.--' . Kyle Buzzell Superintendent John Flaherty President John Flaherty Construction Inc., 1 b fo [pJ ItA> ~ .1 · - Iv / ~ uti n{f ~ (ar ~~ r ~ rP {J [ GWL.~ ()#. jJ ~ ~ fvliV vt ~ ct~ rvJ l JtYL 0 Q; r ,,.. S h"o .f ~J ) 2083455599 f PAGE. 02 ./ JUN 18 '01 12:31 / \. (. 4650 North LiIld.er Rd. Meridiall,ID 83642 884-8045 (Home) 373-0425 (Work) Jtlne 3,2001 Meridian City Council 33 East Idaho Street Meridiall,ID 83642 RECEIVED JUN - 5 2001 CITY.OF MERIDIAN RE: Traffic Concenls related to Proposed Bridgetower Crossillg SubdilJision Dear Councihnen: We understand that the Meridian City Council will .be hearing three itelllS related to the proposed. Bridgetower Crossing Subdivision: I) request for aIUlexatioll and zoning of 3 71.42 acres in proposed R..4 and C-6 zones, 2) request for Prelil11inary Plat Approval of 336 building lots and 5 8 other lots on 17 5. 91 acres ill proposed r-4 and C-6 zones north of Us tick Rd. and East ofTen Mile Rd.., and 3) Request for Conditional Use Permit of 692 single-falnily lots, 59 tovvn hOlnes, 17 office lots, alld 10 cOlnlnerciallots 011 370.55 acres ill proposed R...4 al1d C-G ZQlles. We also nnderstalld that the item I will be heard dUrlllg the J Ulle 200 I City Council nleeting. We are worried about the effects that the proposed subdivision will have 011 the existing road network, on which traffic is already heavy at times. We obtained copies of the Bridgetower Crossillg Traffic Study as well as the draft overall traffic stl1.dy of the six square miles in which Inajor developmellt is OCCUrrillg in Meridia.n. On the basis of these public records, we prepared a letter to the Meridian Planning and ZOlllllg Commission documenting our concerns. Below is all excerpt from that letter regarding our traffic-related concerns. It is our hope that the Meridiall City Council will consider these concenlS as you hear and contemplate the three requests related to the Bridgetower Subdivisioll. TRAFFIC CONCERNS 1. The Bridgetower Traffic Study aSSUlnes area traffic growth 110t associated with the Bridgetower Crossing Subdivision to be 3-4 percent per year. This is incOllsistent with other written records froIn Meridian City and the Ada County Highway District (ACHD), that indicate this area is a high growth area. Therefore, we request that the Bridgetower traffic study be revised to include growth rates consistent with those used .by Meridian City and the ACHD ill their plalll1ing documents.. 2. The Bridgetower Traffic Study includes traffic surveys that were conducted December 21, 22, and 26,2000.. We questioll whether traffic surveys conducted so llear the Christmas holidays are representative of standard traffic Volullles. III particular, we are cOllcenled that the Eagle Higll School may llot have been ill session when the surveys were COlld.ucted. We believe that high school traffic COllstitutes a significant percentage of daily traffic using the existing road. lletwork, particularly during the morning rush period. While the study's conclusion about the current Level of Service (LOS) for the studied intersections may not challge, a revised traffic study representative of traffic volumes during normal use lnay indicate mitigative measures are required earlier in the life of this project~ Accordingly, we request new traffic sUIVeys .be COllducted during periods of normal use and the traffic plans revised as necessary ~ 3. Based on the Bridgetower and ACHD Studies, tile illte-rsectiolls at the corners of the square are operating at LOS "en or better dUrillg the peak evening rush" ACHD has indicated that, barring unique circumstances as fo.und with a shopping center, the evening rush hour is the benchmark used to establish intersection LOS.. We suggest that Eagle High School traffic COllstitute a special cirCUlnstance. 011 March 21 and 22, we observed as In any as 22 soUthboulld vehicles liIled. up at the Lillder Road/McMillal1 Road intersection shortly after Eagle HS let out. The intersection had not cleared before the next group of southbound cars (controlled by the light at Linder Road/Chind.en Boulevard) arrived, suggesting the LOS at this time was less thall "C.. " Therefore, we request that the Bridgetower traffic study be required to predict the nloming peak LOS for those intersectiol1s impacted by both commuter and high school traffic before the conditional use permit is granted. 4. The Bridgetower Traffic Study does not luention the un.pact the subdivision will have on surrounding intersections. For exalnple, the LiIlder Road/ChiIlden Boulevard intersection currently operates at less than LOS C dUril1g the moming peak when Eagle High School is ill session. The traffic study indicates that up to 200 extra vehicles per hour will use this intersection. The Bridgetower Subdivision Traffic Stud.y shOltld discuss the impacts of the proposed subdivision on the LUlder/Chinden intersection and other nearby intersections~ 5 ~ We request the Zoning COlrunission require access to the elementary school be, at least in part, from McMillall Road. As mentioned above, we believe the impact of the subdivision aJ.ld school on the morning rush period has (" ( not beell fully evaluated. We are concerned that the Lillder Road/Subdivision intersection 'Will not provide an adequate level of service, especially since current plans call for the Linder Road speed limit to renlail1 at 50 miles per hour. The City of Meridian and residents currendy living adjacent to the proposed subdivisions (Note the March 14, 200 1 ACHD comments did not address the t';future plan" associated with the conditional use permit), have expressed a desire for an access road to the subdivision/elementary school be provided froln McMillan Road to facilitate traffic flow. 6~ The Draft ACHD study anticipates Inid-mile or third mile intersections to help carry the traffic loads~ The reasons provided. by the developer for not constructing access to McMillan Road from the subdivision are inco.nsistent .with the ACHD study and. are without lnerit. Cut through traffic results froln overloaded arterials a.nd an easy to use alternate route~ A north-south connection through the subdivision could be designed to discourage cut through traffic. The Northview example would not be applicable if the roads through the subdivision were not laid in a straight line. If there were an offset in the roads (and associated intersection controls), cut through traffic would be slowed alld therefore discouraged" The current subdivision traffic design places a hardship on the existing residel1ts of Lil1der, Usticl( and Ten..Mile Roads. An additional subdivision access point on McMillall Road is needed. 7 " We request that the Bridgetower Subdivisioll Traffic Study be revised, finalized and certified by a traffic engineer as required by Idaho Code 54- 1215.3. If you have any qllestions regardillg these conunents, please contact us at 884.. 8045 (H) or 373~0425 (Brian's warl, #). We tharu( the City Council for their tinle ~ Sillcerely, L 2. {-' ~~>~.'.~.;,/!' t.....J . .....or ! '* ~4./~' A l .f . ....j. /" c. - '/ Brian L. Eng ish Margaretha M.. English ( (- \"...:... .. . RECEIVED JUN 1 9 2001 CITY OF MERIDIPJ.N DELINQUENCY FOR TURN OFF SCHEDULED FOR 06/20/01 MAYOR: This is to inform you in writing, if you choose to, you have the right to a predetermination hearing at 7:30 P.M. Tuesday, June 19,2001, before the Mayor and City Council to appear in person to be judged on the facts and to defend the claim made by this City that your water, sewer and trash bill is delinquent. You may retain counsel. This service will be discontinued on June 20, 2001, unless payment is received in full. Is there anyone present who wishes to contest his or her water, sewer and trash delinquency? (No response.) MAYOR: They are hereby informed that they may appeal or have the decision of the City reviewed by the Fourth Judicial District Court, pursuant to Idaho State Code. Even though they appeal, their water will be shut off. The amount of the turn-off list is $30,660.34. (. . . i. ( CITY OF MERlO IAN Delinquent Account List- council Page: 1 Standard Payment Customers J un 19,2001 03: 12pm Current Period; 06/30/2001 Delinquent Minimum of $ 20.00 compared to Delinquent Balance Report Criteria: Terminated customers not incruded Customer4 Cust No = {<} 9900000 Last Pmt Last Pmt Cust No Name Balance Non-Delinq 04/30/2001 03/31/2001 02128/2001 Date Amount Msg 4.0552.1 ABBEY BEN 90. 21 62.60 27.61 04/25/2001 26.38 - 34~3240.2 ABBOTT, REBECCA 199. 12 134~ 70 64.42 04/25/2001 1 06~38 ~ 4.0868.2 ABLE. MICHAEL 107.61 72.56 35~05 05/08/2001 2a~ 76 ~ 74~0871.1 ADA COUNTY FARM BUREAU 153~90 71.28 82~62 12/11/2000 21.06 - 5.0812.1 ADAMS, ROBERT & SUSAN 1a4~74 131. 77 52~97 05/04/2001 40r25 - none 51~1148~1 ADVANCED HEATING 1 07.76 23.36 16~88 16.88 50.64 1211512000 16.88 - 51 . 1152~ 1 ADVANCED HEATING 1 07.76 23.36 16~8a 16.88 50464 12/15/2000 16.88 - 31 .3408.1 AGUIRRE~ J EANNA 59~31 36.55 22r76 04/04/2001 79.14 - none 15.0060.2 AHERN1ROXANNE 1 04.58 69.31 35.27 04/06/2001 71 ~91 .. 1.1360~ 1 AKERS,GENEVA 262.65 182.89 79.76 04/17/2001 239.56 - none 46~4612.1 ALBERTSONS WHOLESALE 543.66 227.54 147471 168~41 04/04/2001 147.71 - none 1.0130.1 AL1DJAN I, ARAS H 79.58 53~99 25~59 04/23/2001 23rOO - none 7442452.1 ALLEN~ RICHARD L. 96.49 56424 40.25 05/15/2001 44.08 ~ none 19.6556.2 AMAR. STEVE 89.14 524 76 36.38 04/18/2001 52. 76 ~ 2.0888.1 ANDERSON, DEAN 85.29 58.91 26.38 04/23/2001 26.38 ... none 50.0352.1 ANDERSON, GORDON 1 00.39 41.75 5B~64 05/11/2001 48.52 - none 42.0352~ 1 ARCH IBALD ~ BENJAMIN 83.01 46~59 36~42 04/12/2001 32.59 - none 2.211 0.1 ARMAS, SAMUEL 349.61 349461 1 0/16/2000 91400 .. none 34.3232r 1 ASHDOWN, DAVID 117 r33 85.89 31 .44 04/17/2001 26~38 - none 32.0518.2 A TKINSON ~ DALE 93.52 64. 76 28~ 76 04/12/2001 28~ 76 K 32.1562.2 BABBITT, BARBARA 77.02 40452 36.50 OS/21/2001 30~21 ~ 74.3100.2 BABCOCK, J ULI E 55.22 28484 26.38 04/26/2001 26.38 - 51.0290.3 BAI LEY. PEGGY 83~45 4g~27 34.18 04/16/2001 42.39 - 5140694.1 BAILEY1 PEGGY 93~71 60.36 33.35 05/16/2001 30. 00 ~ none 3343696.1 BAITHAVANG, CHAREN 120.12 61.99 58r 13 04/26/2001 79.57 M none 3341862~3 BAKERt JOHN 69.78 49~27 20.51 2.2130.1 BALDW IN. PlxrE 84~O6 57 ~6B 26.38 04117/2001 51 ~37 ow none 4~ 1430~ 1 ~BARN EY. MARY R 157.39 120~97 36.42 OS/23/2001 2a~ 76 ~ none 50.1912.2 BARN HART tRICK g2~ 73 57.68 35.05 05/16/2001 32~5g ~ 22.1740.2 BARN HART ~ RY AN 146.08 25.73 26.38 93.97 01/24/2001 62+ 12 - 4.2118.1 BARR. TIM & T AUNfA 203. 16 161 .68 41 ~4B 05/03/2001 36~42 .M none 1.211 0.1 BARROETABENA, PHYLLIS 125.20 95.98 29.22 05/1 8/2001 20~OO - none 21.2626r 1 BASAURI, ROBERT & DENA 139.31 1 05~49 33~a2 05/01/2001 28r 76 - none 31 .3060. 1 BASTIAN, DAVID 122.67 82.54 40.13 05/15/2001 40.00 - none 42.3010.1 BAUER, JEREMY 81 .22 48477 32.45 05/01/2001 28.76 - none 46~O258.1 BEAMGUARD t LISA 64.00 35.24 28.76 04/13/2001 2B~ 76 w none 35~0041 .2 BEAUDREAU~KATHRYN 80.43 45.30 35. 13 04/13/2001 26~38 ... 32.1412.1 BEECHER) CYNTHIA 86.58 53.91 32.67 05/09/2001 34.04 - none 22.2264.1 B ELD EN, DANNY & JANELLE 1604 72 82.29 78.43 04/18/2001 107.31 - none 14.4440.1 B ENCO INC 111.07 68.36 14.11 6~48 22.12 02112/2001 5.64 - 16.301 O~ 1 8ENCO INC 120~39 31 .25 26.38 26.38 36~38 03/08/2001 56.03 - 74.3172.2 BEN DER, E RIC& TREASA 94.61 52.91 41 .70 05/15/2001 43.07 - 33~2772.2 8 ENN ETT. GREG 131.59 73.34 58~25 05/15/2001 60485 - 19~6688~ 1 8ENNETT~ MASON 121.98 81.73 40~25 05/09/2001 76~ 1 0 - none 31 ~000842 B ERGLOFF t JOHN & CH RISTINA 284.11 200.81 83.30 04/06/2001 79+61 .. 50.4222.1 BETZOLD, ANTHONY 7 4~28 41.61 32~67 04/1 0/2001 54r 75 - none 69~O270.1 BEZEMER, LAWRENCE 52.76 26438 26.38 05/0412001 26.38 - none 74.3296.1 BJENAPFL~ ROB & CARMEN 89~94 47435 42.59 04/25/2001 69.01 - none 4.1834.1 BITONJ, MARK 145.74 1 09.46 36.28 05/15/2001 2B~ 76 ~ none 21.0 154~2 BITTICK~ BRIAN 89.04 56.37 32~67 OS/21/2001 34 ~ 04 - 2.2140~ 1 BLAI Rt WI LMA 112.93 74.23 38. 70 04/10/2001 30.00 - none **- in Msg corumn indicates no Notice is to be sent ( ( CITY OF MERlO IAN Delinquent Account List.. council Page: 2 Standard Payment Customers Jun 19 J200 1 03: 13pm Current Period: 06/30/2001 Delinquent Minimum of $ 20rOO compared to Delinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Deli nq 04/30/2001 03/31/2001 02128/2001 Date Amount Msg 4.2200.1 BLA YE~ LUCREZIA 117 . 69 83~63 34.06 05/16/2001 29rOO - none 42.1134.1 BLAYNEYt KAREN 187 ~62 119.19 68.43 05/03/2001 55~57 - none 3342730.1 BLEAZARD. BARRETT 73.05 41.61 31 .44 OS/23/2001 26.38 .. none 6941354.1 BOB BROWN 94.86 64.65 30121 04/23/2001 26~38 - none 32~0770. 1 BOCKMANN, PAUL A 107.21 77414 30~O7 04/19/2001 26.38 .. none 51 ~O506.1 BOGGrSt CONN I E 77 . 36 4a~ 15 2g~21 05/16/2001 29~21 K none 22.1462.1 BOLEN. KELLY & LORI 107.61 73~65 33~96 04/11/2001 65.18 .. none 52~O246.1 BOLOfS PUB & EATERY 866.49 341.78 246.19 192.57 85.95 OS/21/2001 246~ 19 w none 72~O 164~ 1 BON FRISCO. LOUI E & JENN ELL 92.52 56~ 1 0 36~42 05/14/2001 36~42 - none 6B~0060~ 1 BOONEt RlCHARD 70.15 40~ 16 29.99 04/1712001 28. 76 ~ none 46.0468.1 BORCHARDT ~ KEVIN & TINA 96.86 51 ~59 45.27 04125/2001 71.91 - none 21.2124.3 BOUDREAU, YVETTE 131.47 57.60 31 .44 30~21 12~ 22 05/15/2001 100.00 - 32. 1372.2 BOYD, JAMES 85.63 46.67 38496 05/16/2001 34~04 - 74.3796.1 BRADLEY. CHRJSTOP HER 63.15 35.13 28~O2 05/0212001 35~OO - none 51.0706.2 BRANDT, LORELJ 1 00. 11 71.13 28.98 04/25/2001 64~25 .. 20.1280.1 BRATT, GARY & DONNA 162.74 114.83 47.91 05/11/2001 54.34 - none 21 ~ 1 054.1 B RAUNSTEI NIB ERNARD & KARL 105415 68.73 36.42 05/0212001 36r42 - none 22.1330.2 BRrAN MAHANEY 1 90447 131.07 59.40 04/1 9/2001 55~57 - 1.3510.2 B RI NEGAR. E. E~ 84.06 57.68 26~38 04/12/2001 52. 76 - 19~4456.1 BROOKS FULLER HOMES 122~ 14 85~5B 36.56 05/24/2001 22.05 ,.. none 3.0388.1 B RUNTON ~ LE$LI E 153~ 12 118r07 35.05 04126/2001 32.59 - none 74.3226.1 BUCHSIEB~ GWEN DOL YN 79~ 15 35~ 19 43.96 05/01/2001 66.81 - none 19.6510.2 BURKETT~ MARK, BRYAN & CAS~ 152.55 1 08.00 44.55 05123/2001 43.00 - 32.0922.2 BURKHALTER, KURT 181 .50 37.03 34.18 98404 12~ 25 2.2722.1 BURKMANt JULIA 172.26 126. 73 45~53 05/14/2001 34.04 - none 69.0182.1 BURNS~ DONALD 72.28 31 ~ 14 41~14 04/25/2001 62.28 ~ none 2.4890.2 BURNS. EMMETT 155.09 106.21 48~8B OS/23/2001 28.76 - 34.1456.1 BURROUGHS, JEFF 113.53 59.39 54. 14 04/13/2001 94.89 - none 22.0804.2 BUTTERFI ELD ~ CHARLES 145.51 96.15 47.85 1.51 05/11/2001 47 r85 - 4~ 1392r 1 BYI NGTON t DARREN 97435 67.36 29.99 04/17/2001 28. 76 - none 47.0046~ 1 CAHILL. JON 76~ 74 45~30 31 ~44 05/03/2001 30.21 - none 14.4488.2 CAMPBELL SR, DOUGLAS T 93~67 66.29 14.60 12. 78 06/01/2001 146.36 .. 34.09gD~ 1 CAMPBELLt DOUGLAS 142~91 93~55 39.1 0 10.26 OS/29/2001 39.10 ~ none 4.1140~1 CAMPS ELL. MICHAEL 1 08403 72~84 35. 19 04/11/2001 82.84 - none 19~ 7186.2 CAMPS ELLt S H ELLI 122~ 49 69.59 34.18 184 72 22.1 050L 1 CANON t BILL & 8 ETSV 184.22 154.97 29.25 04/17/2001 78~37 - none 4.1796.1 CAPRAJ, JOHN & SARAH 160.61 125.06 35~55 05/09/2001 50~OO ~ none 65.3136.1 CARLEY, RUSSELL 124.49 62.41 62~O8 05/14/2001 53~ 1 9 .. none 21.28BOr 1 CARLSON, JOYCE 112~25 77.20 35.05 04/17/2001 32~5g · none 32.1592. 1 CARL YLE. KEITH CARL YL 58.28 35.24 23404 03/19/2001 32~OO - none 34~ 1 808.2 CARPENTER. DOUGLAS 113.92 65.04 48~88 04/25/2001 82~a4 - 22~ 1160.3 CARSON. JEFFERY & PAMELA 147.72 103.39 41.56 2.77 05/01/2001 1 0.00 ... 5.064041 CARTWRIGHT t DOUGLAS 160.92 123427 37.65 04/23/2001 36~42 .. none 50.21 08~ 1 CASELLAt GARY 60.47 32~86 27.61 05/11/2001 26.38 - none 50.0310.2 CASS, BRUCE C 131.42 6a~g5 62.47 05/15/2001 65.11 - 48.1610.1 CB FINANCJAL D EV. L.L. C. 626.93 440.54 186.39 06/07/2001 259 ~ 16 - 33.2620.1 CECIL, 00 ETTE 92.85 53.97 38.88 04/23/2001 65. 18 oM none 1 .O720~3 CHANDLER, ALLAN 79~ 14 52~ 76 26.38 04/17/2001 26.38 - 42~2582.1 CHAPMANt LORRl 147~13 97.02 50 ~ 11 04/26/2001 72.84 .. none 22.0848~ 1 CHAPMANr THOMAS 463. 12 1 g3~94 59.54 55.57 154~O7 02127/2001 50~OO - none 4~O496.1 CHARTE R$, TRAVIS 91 .20 5g~98 31 .22 04/24/2001 28.76 - none 21 .021 a~ 1 CHEN1 LILI & YIZE 130.17 83.29 26.38 20.50 06/14/2001 36~22 - none 15.0047~2 CHRISTENSEN, DA VI D 163.00 1 02.41 60~59 OS/22/2001 1 02455 - 19.1114.2 CHRISTIANSEN, LARRY 92.43 63.67 28~ 76 04/16/2001 2a~ 76 .. 34~ 1204.1 CHRISTOFFERSONt ANDREW 177~66 50.36 37.73 30421 59.36 06/05/2001 112~73 w none *** in Msg COlumn indicates no Notice is to be sent ...... ( ( CITY OF MERJO IAN Delinquent Account List- council Page: 3 Standard Payment Customers Jun 1 9,2001 03: 14pm Current Period: 06/30/2001 Delinquent Minimum of $ 20.00 compared to Delinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 04/30/2001 03/31/2001 02126/2001 Date Amount Msg 32.1278r 1 CHURCH~ LARRY 111 ~ 63 67~O5 44.58 05/15/2001 26.38 - none 40.0432.1 CLARKE. JOHN 93~45 45~58 47.87 05101/2001 71.91 .. none 5.0344~ 1 CLIFF t DWIGHT 125~aO 87 ~O4 38.76 04/18/2001 57.52 - none 34~0352. 2 CLIFF ~ MICHAEL 1 09.67 82.06 27 ~61 04117/2001 26~3a - 46~O252.2 CLUFF t JOSEPH 59.24 32r86 26.38 04/26/2001 26~38 - 52~0376. 1 eM co INC 1,571.04 337 r44 246. 72 246.72 740416 12/19/2000 199.92 - 34~O536.1 COATESt JOSEPH & DARLENE 111.18 67 ~36 43.82 05/14/2001 28.77 - none 40.0066.1 eaCH ELlJ TIM & ANGELIA 83~ 17 47.90 35.27 04/17/2001 64.25 - none 21 ~ 1766.1 COFFMAN, RI CK K+ 119~68 77.84 41 ~84 05/15/2001 41.70 - none 33~3566~ 1 COLLI ER~ RANI c. STJLES~ 69.36 39. 15 30.21 04/1 912001 11 .35 - none 51.4170.2 COLSONt HOWARD 74.84 40.66 34~ 18 04/19/2001 26.38 M 14.50184 1 CONNER, ANTHONY 86.28 57.52 28.76 04/19/2001 26.38 - 19.0138.1 CONRAD, ROSS 80.37 53~ 99 26.38 04/16/2001 52. 76 - none 50.026012 COOK, JOHN 93.52 32400 36.38 25.14 05/01/2001 27.00 - 69.2252~ 1 COOK, PETER 65.46 26~ 70 10.00 28.76 02/13/2001 95~42 - none 21 .2928~ 1 COOPER, CLINTON & CAMILLE 125.64 93405 32.45 .14 05/15/2001 32~45 - none 42.2992~ 1 COPE, TIMOTHY 79.48 45~44 34.04 04/20/2001 34~04 - none 50.4818~ 1 CORANDVIEW HOMES LLC 99~46 51.09 6.48 6448 35.41 21 .3094.2 CORPUSt LANCE & LAURl 77 ~ 69 51.31 26.38 04/23/2001 26~3B - 34.091 o~ 1 COX. FAYE GAIL 118~84 83.57 35.27 05/01/2001 26~3B .. none 19.033441 cox. MARGARET 87~51 58.75 28.76 05/15/2001 2B~ 76 w none 33. 359 2~ 1 CRADERt PAMELA 129~35 1 02.97 26.38 05/01/2001 1 05.52 - none 33.3634~ 1 CRAWFORDt GREG 59.36 39~ 15 20.21 05/01/2001 26.38 ~ none 33. 2376~2 CRONERtCHAD 1 06~ 74 66.91 39.83 05/1 012001 50. 00 ~ 42.4070.1 CROSS, ARBY 84.91 54~92 29~99 05/15/2001 28.76 - none 31 ~3336.1 CRYERt JU 0 ITH 59.24 32~86 26~38 04/25/2001 26.38 .. none 5140998~ 1 CULVERt WALTER 398.49 74.57 50487 45~53 227.52 12/26/2000 43. 76 ~ none 3140830.2 DAIL Y, ROBERT 74.00 46.39 27~61 04/16/2001 46437 - 2~OO80.1 DALICE PLUMBI NG 86.52 60. 1 4 26.38 04/24/2001 26~38 - none 3545030.3 DARRAGH. CAROLYN 56.28 35.46 22~a2 05/09/2001 35~OO - 42~O346.2 DARRON STOUT 1 03.52 75.91 27 ~61 04/16/2001 64.25 - 1.391 o~ 1 DA vea SERVI CES INC. 392~O7 339.67 52~40 05/15/2001 1 82.59 - none 50~216B.1 DA VI DSON ~ DANJAL 81 ~66 48.99 32~67 04/17/2001 26.38 - none 2141820.1 DAVIS t MARK 86r58 55.14 31 .44 05/04/2001 30.21 .. none 6940704.1 DEN N ING. RICHARD & LORA 1 87.51 57.22 67.06 63.23 OS/22/2001 67.06 - none 32~ 1254~ 1 o ENN IS. LORI 61 .70 35.32 26~38 04/17/2001 52.76 ... none 52~ 1 083.1 DEPARTMENT OF LABOR 325~62 298.08 27 ~54 12/19/2000 .88 - none 2.1610~1 DESILET. DENICE 91.73 70.54 21 r 19 04/17/2001 38.00 - none 4644724.1 DEVELOPERS D IVERSIFI EO 77r10 46~ 72 30.38 2~ 1960.1 DICKSON. DONALD M 147.34 95~ 70 51 . 64 04/1 8/2001 83.46 - none 50~O204.1 DIPAOLO, JONATHAN 86.47 47~O9 39~38 04/24/2001 91.46 - none 7 4~3g64.3 DONALDSON, MIKE 57 ~52 28~ 76 28~ 76 04/17/2001 28.76 - 31 ~O146.1 DORR. MARY LOUJS 60.47 34~O9 26~38 04/12/2001 26.38 - none 3140828.3 DOWNIEt JASON 0 90~32 68467 21 r65 OS/21/2001 40.00 - 33.4144.1 DOYLE, JEFFERY 65.46 42~ 70 22. 76 04/04/2001 26.38 ... none 20.1588.2 DREXLER. JOHN 162.99 73454 6.48 26438 56~59 01/22/ 2001 69.03 ~ 5140698~2 OUEROCK~ WALTER 414.67 32~86 26.38 30~21 325422 04/1 0/2000 23.25 w 19~OO72~2 DUGGINS~ ROY & ALTHEA 113.45 79.27 34. 18 2.6g70~ 1 DULHANTY, TAMARA 1 07.04 75.46 31 .58 04/16/2001 26.38 - none 14.5004~2 DUNCAN, JEFF & MONIGUE 113~61 78.20 35.41 04/2412001 26.38 - 50.381 o~ 1 DUNNt ANDREW 59.24 32+86 26~38 04124/2001 26.38. ~ none 2~021 0.1 DUNN~ DONALD 167 ~ 76 117~17 50.59 04/17/2001 45.53 - none 34~Oa86.1 DUREN. ALLEN & KELLEY 155. 79 96.43 59436 04/2512001 106.38 - none 2~ 1170r2 o U RHAMt MICHAEL 300.48 197.86 102.62 04/16/2001 299 .11 - 31.2318.1 EAGLE, ROBERT 97.74 61.65 36~Og OS/23/2001 40.00 .. none *** in Msg column indicates no Notice is to be sent CITY OF MERIDIAN Cust No Name 2.1690~3 EBLEN ~ EARL 22~ 1140.2 ELLJOTT. JOE 4240392.2 ELLSWORTH. SARAH 64.0014.1 EM ERALD HOMES IN C 31.3062.2 EMERSON, DON 3.0428.2 EMMANUI L. MICHAEL 50.1238~ 1 ERHART ~ MILT 50~ 1236.3 ERHART. MILT 3.0502~ 1 ERJCKSON,LEIF & ANGELA 50~ 1354~2 ESTATE OF BESS lEMA TCHAM 2.0320.1 ESTEP1 NINA 51 .3034r 1 EXTE RIOR 8 UILD ING S UPPL Y 74.3614r 1 FACKRELL~ THOMAS 46.4996.2 FAMOUS FOOTWEAR 32.1156~ 1 F ARB ERt BRfAN & KIMBER 19.6502~1 FARNWORTHt WARREN 1.3670r 1 F ARRANDt $HELLI E 1.3660~ 1 FARRANDt SHELLIE 33.3678.1 FAYLORr MILFORD 4.1454.1 FJELDS, CHRYSTLE 7 440328~3 FISHELt GEORG E 32.0568.1 FISHER1 MEL VI N 48.2696~ 1 FOOD SERVICES OF AMERICA 4a~2694~ 1 FOOD SERVICES OF AMERICA 5. 0438~ 1 FORRESTERr VAN DYE 51.3078.3 FREEMAN, NICOLE 51.3226.1 FREIT ASJ DANIEL 31 .3050.1 FRENCH. DEBRA 74.2746r 1 FRENCH. JOHN & KATHY 69.0746~ 1 FRISCH~ KURT & KAREN 33.4258.1 FROSTROM, STEVE & TERRI 34~ 1176~ 1 FRY, LARRY 40.0028~ 1 FUHRMANt JAMES & DIANE 51 .0522. 1 FU H RMAN r KENT 32.0676.1 GAINOR, THOMAS & DIA 21 .3048.2 GARLICKt LEW IS 68.0118~1 GARNER~ JAMES & LORRIEANN 47.0072.1 GEHRING, AMY & SHANE 51~07B8.1 GENERATIONS PARK LLC 2+0B52~2 GI ESLERt ANGELA 34.0394. 1 GILBERTSON t KEVrN 16.3314.1 GLENN JOHNSON HOMES 35~0256.1 GLENN JOHNSON HOMES 35~0152.1 GLENN JOHNSON HOMES 65~0628.2 GLENN, ANTHONY 33~23B8~ 1 GLUCH, SCOTT 4.2160.2 GLUMM. 0 EN N IS 32.1528.1 GOJNS, RICHARD 2142790~ 1 GORRINGE~ B EN NY 31 ~3374~ 1 GOULDINGt PAULINE 50~3908~ 1 GRAHAM~ JOHN & KATHLEEN 34~3206~ 1 G RAYSON. DIANA 31 ~O 158~ 1 GRIFFJN. RICHARD & GAll 69.0206.3 GROVES~ CRAIG 42~2070.3 HADLEY1 BRENT *** in Msg COlumn indicates no Notice is to be sent (~:...:' Delinquent Account List- counciJ Standard Payment Customers Current Period: 06/30/2001 Delinquent Min imum of $ 20~OO compared to Delinquent Balance Barance 184.66 203.33 133~ 16 118~04 158.65 130.83 1 83.40 138.19 1 09.50 73. 72 80.37 1 ,538. 70 62.44 525.09 112.97 98~ 74 86452 88498 174451 156.58 55.22 64.14 785.45 2~721~16 206.59 69.55 114.46 85~51 67~68 138~31 146~66 1 06~82 60~4 7 125~ 12 174.89 187.88 65~23 132.69 587 ~30 88.27 132.67 158r28 69r24 77.36 61~70 59.24 160~ 1 0 115.52 1 OB~45 134.32 60.75 82.75 126~ 74 75~46 146450 Non...O e I i n q 52.76 136.27 g5~65 40~66 96~ 71 96.65 54.47 2a~a4 75~46 42.84 53~99 674.17 33.68 157~47 73~B7 59.98 60. 14 61 .37 49.41 117~56 28484 35~32 594~66 1 t396.36 161.28 38.63 25.32 51 .31 31 .30 87.13 84.85 70.1 B 34~09 29455 72.78 157488 36.47 60.64 445.28 58~ 75 94~80 52.76 32r 86 34r09 32r86 137.52 59~31 75.24 36.55 35.46 70.62 40~ 19 98.63 04/3012001 26~38 67.06 37.51 34. 18 61 .94 34.18 45153 26~38 34~04 30~a8 26.38 644~38 28~ 76 134. 16 39. 1 0 38.76 26.38 27.61 41 ~ 70 39.02 26~38 28~B2 190.79 873.18 45~31 30.92 36~38 34.20 36.38 46.54 61 .81 36~64 26.38 38~98 42493 30.00 28.76 38.01 142~02 28.76 37.87 26.38 25.06 27.61 26.38 22~58 36~38 49~ 14 59.08 24.20 28.98 561 12 35~27 47~a7 03/31/2001 26.38 6~4B 37 rB 7 26.38 12g~53 144~51 34~04 451 ~62 26.38 4.64 30.21 34.04 34404 ~76 26.38 6448 26.38 18.31 (. 02128/2001 Last Pmt Date 79.14 04123/2001 04/17/2001 36. 72 04/12/2001 45453 56.59 03/23/2001 01/09/2001 04/1 0/2001 04f17/2001 04/23/2001 90.62 88.95 04/17/2001 OS/29/2001 04/24/2001 OS/21/2001 04/04/2001 04/04/2001 05/16/2001 OS/23/2001 05/01/2001 04/18/2001 05/15/2001 05/15/2001 04/06/2001 04/0212001 02115/2001 04/19/2001 04/26/2001 04/0212001 OS/23/2001 04f20/2001 04/11/2001 03/22/2001 OS/22/2001 06/07/2001 05/11/2001 03/09/2001 OS/2212001 04/12/2001 05/16/2001 02123/2001 02123/2001 49.36 26.38 26.38 25.14 52. 76 69.24 12.96 524 76 05/11/2001 04/24/2001 06/18/2001 01/18/2001 05/10/2001 04/18/2001 05118/2001 OS/22/2001 OS/23/2001 04/23/2001 05/16/2001 Page: 4 Jun 1 9,200 1 03:15pm Last Pmt Amount Msg 77.60 - 32.59 - 86.38 - 96~57 ... none 123~20 - 75.74 - none 32.00 - 52.74 - none 2a~ 76 .. none 88.75 - 37.87 - none 57 +52 - none 26.38 ~ none 52. 76 ~ none 41.70 ... none 44.08 - none 44.96 .. 60400 .. none 497~ 19 - none B73~ 18 - none 36~42 ... none 71.84 - 52~ 76 - none 60~OO ~ none 52.76 M none 87.35 .. none 35.00 ... none 64.25 .. none 26.38 -or none 71 .91 - none 50400 M none 139.82 - 31.22 - none 49.36 - none 75~ 11 - 28.00 - 38.96 ~ none 30.29 - 55.02 - 26.38 - 26.38 - none 25.00 - 55.26 ~ none 40.25 .. none 98.72 - none 1 0.00 - none 2849B ~ none 41~70 - none 37 ~87 - 37.87 - ( ( CITY OF MERIDIAN Delinquent Account List- council Page: 5 Standard Payment Customers Jun 19.2001 03: 16pm Current Period: 06/30/2001 Delinquent Minimum of $ 20.00 compared to DeUnquent Balance Last Pmt Last Pmt Cust No Name Balance Non-DeUnq 04/30/2001 03/31/2001 02128/2001 Date Amount Msg 4.0934.1 HAFER. RUSSELL 138.02 28~ 76 1 09~26 01/12/2001 38.88 - none 50.1352~2 HAGOOD, JEFF 65. 73 40.66 25.07 32.1360~ 1 HAILEY, SEAN 65.39 37 ~ 78 27.61 04/12/2001 26.38 ... none 34.1820.2 HALL, 0 USTIN 145.12 95.48 49.64 04/25/2001 37.87 - 22.0924.1 HALL, KEVIN 155~ 19 106.05 49~ 14 05/04/2001 44~OB ~ none 3~0266. 1 HANEY,ROGER 97.77 65~ 18 32.59 05/01/2001 28~ 76 ~ none 33.427 4~ 1 HANSEN t ERIK 107.10 64.17 42.93 04/23/2001 83.63 - none 42.2356. 1 HARP t GREGORY 145.16 98.95 46.21 04/16/2001 90100 - none 34~O834.1 HARRIS, DERREK G 145. 79 1 00.12 45.67 04/16/2001 94~ag - none 31 ~2264.2 HARTLEY~ QUENTIN ROLAND 1 06. 15 61 ~85 44.30 04/24/2001 41.84 - 2. 5900~ 1 HARVEY ~ LISA M. 1 07.56 79~ 15 28.41 OS/22/2001 40.00 - none 31.3640~2 HA TFIELD ~ ROLLI N 140 r 98 1 05. 71 35.27 04/17/2001 37.21 - 31 ~3634~ 1 HA TFIELD ~ ROLLI N 80~ 15 51.31 28~a4 04117/2001 26.38 ~ none 21 .0480.1 HA VESt LOREN 86442 52.60 33~82 05/15/2001 32.59 ~ none 31 .3288.1 HAZELWORTH, MARY 59~24 32.86 26.38 05/01/2001 26.38 -or none 64.4058. 1 HEATON CQNSTRUCTlON 97.26 55~56 41.70 OS/21/2001 42.93 - 34.1702.1 HEDRlCKt WENDY 1 04.75 75~91 2B~84 04/1712001 26.38 - none 69.0388.1 HEEB,ROBERT 61.65 30.21 31 ~44 04/11/2001 26~38 - none 31 ~O248.1 HEUGHI NS. RUSS ELL S~ 80.71 45.44 35.27 04/25/2001 34.04 - none 3143454.2 HICKMANt JOHN & J ENN I FER 199~64 89.05 11 0.59 04/19/2001 94.44 - 32.0566~ 2 HICKS t BARBRA J 126.66 82.48 44.18 04/23/2001 52.76 ~ 35.5D43~ 1 HIGH DESERT CONSTRUCTlON 76.09 51.73 8~94 6~48 8.94 02113/2001 7.71 - 32~ 113641 H Ill, JOHN NY B9~04 56.37 32~67 04/2012001 34.04 - none 1 .0920~ 1 HOFFMAN, JON C 135.75 95.42 40.33 04/16/2001 37.87 M none 5.0722~ 1 HOLLEY ~ DA VI D 276.03 123499 87.53 64.51 06/07/2001 1 00.00 ~ none 42.2342~ 1 HOLMES, BRAD 148.34 1 04~26 32.59 11.49 05/01/2001 32.59 - none 50.1922~2 HOUSING OPP MGMNT SER 1 03.79 43.04 40~25 20r50 05/16/2001 60.00 - 33. 2652~ 1 HOWELL~ KATHLEEN 126.82 76~49 50.33 OS/23/2001 41470... none 15.0071 ~ 1 HOYT DEVELOPMENT 120.87 120.87 34~2100.1 HUNT t RADELL 106r54 68.81 37 ~ 73 04/17/2001 30~21 ~ none 49~ 1148~ 1 IDAHO HEATING AND AIR 1.035.30 222~ 74 169.82 1 80 .17 462.57 12/04/2000 146.49 ... 49~O932.1 IDAHO PARKS & RECREATION 315.24 231.07 84~ 17 04/19/2001 84.17 .. none 4a~2840 .1 IOA- TRAN 4,684.90 1 ,282.20 1 t049440 1 ,003.90 1 ,349.40 03/15/2001 144.00 - none 32.1 090~ 1 IVERSON, GARY & SHEILA 101 ~O6 74468 26.38 04/1712001 52.76 ... none 52.0700.1 JABIL CIRCUIT 3, 737~O8 1 t594417 2.142.91 OS/21/2001 2,502~31 .. 52.0750.1 JABIL CrRCUIT 2,785.17 1 ~423.26 882.03 479.88 OS/21/2001 882.03 - 31 ~3256.1 JACOBt JANICE 1 06~ 15 58.16 47.99 04/17/2001 45.53 - none 65~3112~ 1 JACOBS t MARIE 72~g3 36.55 36~38 04/25/2001 52.62 - none 50~0098~ 1 JACOBS EN. MARJORIE M. 123.38 31.86 25~38 25.38 40~ 76 12/11/2000 83.64 .... none 31 ~Oa68r 1 JAKOMEIT, CON NIE L 67.85 39.01 28.84 04/17/2001 26.38 - none 33.0394r 1 JAMES COURT APTS 152.35 95.90 56.45 06/11/2001 67 .52 ~ none 33.0388.1 JAMES COURT APTS 80.48 46.72 33. 76 06/11/2001 33. 76 ~ none 3140516.1 JARRETT, SHARON 71 ~54 45.16 26.38 05/18/2001 26~38 - none 211 1 912. 1 JENKINS, DWIGHT 96.70 62.66 34.04 05/01/2001 71491 - none 32~ 1622.1 JENKINS, LELAND 83.17 46.67 36.50 04/1 012001 26~3B - none 21 ~2830.1 JESS EE, KEVI N 7 4~67 35.32 27.61 11.74 04/17/2001 40.00 - none 34~OO 15~ 1 JOHN WARDLE 343.44 285.12 5a~32 03/06/2001 56~89 ~ 32~O616.2 JOHNSON r CONN lE JO 300.83 174.26 126~57 04/17/2001 1 83.80 w 42~3060~ 1 JOHNSONt MATHEW 70.43 39~O7 31.36 04/26/2001 28.76 w none 34.0390.2 JOHNSON. PETER 173.37 92.38 49~OO 31 ~99 05/11/2001 95.82 - 19.0098.1 JOHNSON. SAMUEL 154.96 108428 46.68 OS/23/2001 44.08 - none 50r4562.1 JOHNSON, STEVEN & CAROL 122.70 68~28 54.42 04/17/2001 41.70 M. none 5.0738.2 JOLLEY t CHAD & RACHELLE 118~50 89.66 28.84 04/13/2001 26.38 - 50.2354~ 1 JON ES t LARA 125~g4 67.44 58.50 05/02/2001 100.00 - none 33.3572~ 1 JORDAN~KATHY 79.20 47.76 31 ~44 04126/2001 30~21 - none *** in Msg COlumn indicates no Nolice is to be sent ( CITY OF MERlO IAN Delinquent Account List- council Page; 6 Standard Payment Customers Jun 19,2001 03:17pm Current Period: 06/30/2001 Delinq uent Minimum of $ 20.00 compared to Delinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 04/30/2001 03/31/2001 02128/2001 Date Amount Msg 50 .2002r 1 JORDAN, STEVEN 59.24 32.86 26.38 04/1 0/2001 26~38 - none 21 ~ 1058.2 JORGENS EN t ROBERT & TERI L \ 1 OB~42 79.86 28.56 OS/21/2001 25.00 ~ 50~O156.2 JORGENSON t LOIS 64.00 35424 28. 76 04/16/2001 28r 76 - 32~O522.2 JU HASZ~ 0 ON C. 178~56 90403 70.02 18~51 04/24/2001 1 00.00 - 20.1932.1 JUSTICE, PAT 1 B9~06 141 ~21 47.85 05/14/2001 30.00 - none 42.1930~ 1 KEGAN, ROSE MARIE 8g~83 61.07 284 76 05/09/2001 28.76 - none 21.1 B26~ 1 KEITH LEY t ROBERT 76.30 47.54 28~ 76 04/26/2001 28.76 - none 21.2602~2 KEMNITZt HEINO 155.86 115.61 40.25 05/16/2001 36~42 - 42.1176.1 KHAMPHAY,VANASOUK 70.15 40.16 29.99 04/24/2001 69.01 - none 21.2090.1 KINGSTON, CHRISTI E 165.30 122.71 42~59 04/23/2001 32.59 - none 3.0024. 1 KINNEY. K1M1KO 170.06 114.55 55.51 05/15/2001 27.39 - none 441246.1 KJ ERST AD t BRIAN & STEPHAN I E 79.14 52.76 26.38 05/17/2001 27.61 - none 51.0466.1 KLIN Et B EVERL Y 95.59 32~a6 28. 76 28476 5~21 04/05/2001 35.00 .. none 42.2712~2 KNAPP, JR~ t JERRY 136~ 74 88.83 47~g1 05/14/2001 36~42 - 19.6642.1 KRENZ~ ROY 131.59 65.1 a 33~a2 32.59 03/23/2001 78.42 - none 22.0200.3 KROPP, FRED a8.65 43.34 45.31 04/17/2001 40.25 - 1946512.1 KRUGER. RYAN 117.87 78r99 38.88 05/09/2001 32~59 - none 72.0180.1 LACOMBEt NORMAN & DEANNA 134.23 7BrBO 55.43 04/26/2001 55~57 - none 1445048.2 LAIN ~ MARTIN 124.44 84. 19 40.25 05/0112001 40.25 - 3140214.1 LAMBRlGHT, ARTHUR 71.17 37~92 30.21 3.04 05/09/2001 30.21 M none 22~ 124442 LAMPKIS. LISA 1 DB. 72 72.36 36.36 04123/2001 41.70 ~ 1.0890.1 LANTZt STAN 88.36 64r 11 24.25 05/15/2001 40400 - none 22~ 0 336 ~ 1 LARSON t CARl 99.67 70.91 28176 04/17/2001 56411 - none 2~4990~ 1 LAUFENBE RG, JIM & T AMMI E 212.17 111.02 51482 41.70 7.63 06/11/2001 150.00 .. none 51.0390.1 LAWSON~ MARY 72~22 40.54 31.68 OS/21/2001 34.06 - none 50.2428.1 LEONARD. DAMON 114~60 66.69 47.91 04/17/2001 40.25 - none 31 ~3354~ 1 LEONARDSON, ELIZABETH 129.98 35.32 26.38 26.38 41.90 05/01/2001 50~OO ~ none 19.7480.1 LESLIE CONSTRUCTION 79~ 14 52. 76 26.38 05/14/2001 26.38 ~ 34.2852.1 LEVELLt SUZANN E 255~32 220.33 34.99 05/01/2001 58.00 w none 34.1754.1 LIES ERMAN t DA VlD 151.77 112.95 38.82 05/02/2001 26.38 - none 50.2130.1 LIKES, J ENN I FER 73~O5 42.84 30.21 04/23/2001 26.38 - none 20~ 1638.1 LINK, THOMAS 119.10 85414 33.96 04/17/2001 65~ 18 - none 42~2520~ 1 LOCKYER~ JEFFERY 113.37 65.46 47~g1 04/11/2001 95.82 - none 32.060241 LOLLEY. JUDITH 135450 107.89 27.61 04/12/2001 63.25 - none 21.2012~ 1 LOW, CLINT & MELODY 64400 35.24 28~ 76 04/13/2001 28.76 - none 2. 0390~ 1 LUKE, DAN] EL 1 02~ 12 68.08 34~O4 05/14/2001 37.87 ~ none 2.4790.2 LUTZ. $HAUN & AMBER 91.20 62.44 28.76 04/16/2001 57.52 - 22.0790.1 MACKtROBERT 92~ 73 60~O6 32.67 05/15/2001 34.04 .. none 7 4~3504.1 MADDOX, DALLAS 172~38 47.99 41.84 45.53 37402 04/25/2001 20.00 .. 22.2630.1 MALLON CONSTRUTION 55. 77 32.86 16.43 6.48 04119/2001 6.48 - 42.2332~ 1 MARIN. JOSE 124.16 75. 16 49.00 04/10/2001 40.25 - none 34r 1472~ 1 MARKHAM, RON 75~43 42.76 32.67 04/23/2001 26.38 - none 21.1760~ 1 MARKLEt JAMES 151.38 97438 54.00 05/01/2001 34.04 - none 74.2640. 1 MARLETT, JIMMY & DIANA 162.69 88.11 74.58 04/12/2001 153.27 - none 50.1636.1 MARTELL. ERIC 195.54 45~54 31.68 31.68 86.64 01/0212001 35488 - none 2~2520~3 MARTIN. CRAIG 128.93 79.43 34~ 18 15.32 50~2176.1 MARTIN. JASON 98.21 59~ 11 3941 0 05/03/2001 37.87 - none 2.2280.1 MASLEN, JENNY 81.21 55.22 25499 05/16/2001 28.00 - none 34~ 1244~ 1 MATHESON, DA VJO 79.48 44.21 35~27 04/23/2001 30.21 - none 19.0186.1 MATTHEWS~ JERRY 86.28 57.52 28.76 05/08/2001 28.76 .. none 2~ 1470.1 MfJJ<W ELL~ MARGO 135409 97.44 37.65 04/2312001 32.59 - none 75.0502.1 MCALVAIN CONSTRUCTION 120~O6 20.01 17 .55 27 r3g 55~ 11 69.2258.3 MCCANDLESSt DOUG 64.90 36. 14 28. 76 04/17/2001 57.52 - 42~O440.4 MCCLOUD, RUTH 192~92 147.67 45.25 04/17/2001 20.42 - 21 ~2772.2 MCCLURE~ ANTHONY 64.00 35~24 28.76 OS/21/2001 28. 76 ~ .... in Msg COlumn indicates no Notice is to be sent { ("" l. CITY OF MERIDIAN Delinquent Account List- council Page: 7 Standard Payment Customers Jun 19,2001 03:18pm Current Period: 06/30/2001 Delinquent Minimu m of $ 20.00 com pared to Delinquent Balance Last Pmt Last Pmt Cust No Name Balance Non..Delinq 04/30/2001 03/31/2001 0212812001 Date Amount Msg 1.0170.2 MCCURDY~ NATHAN 101 .20 62.44 38.76 04/23/2001 57.52 .. 31.0488.1 MCD1LL~ EDMUND 258.29 161 ~ 17 97~ 12 05/15/2001 1 OO~81 w none 31.0486.1 MCDill, EDMUND 307~49 210.37 97.12 05/15/2001 98.35 - none 74.0692.1 MCDILL~ JUAN IT A 204~50 99.72 99.72 5.06 05/15/2001 99. 72 ... none 7 4.0036r 1 MCDILL~ JUAN IT A 234~44 122~OO 11 O~93 1.51 05/15/2001 110.93 - none 74~0030r 1 MCDI LL, JUANJT A 241.40 140.45 1 00.95 05115/2001 102.32 - none 31 ~3474r 1 MCDONALD, SHAWN 76r 13 36.69 41.44 04/18/2001 56.64 - none 3.0314~2 MCDOUGALt MlKE 117.31 87.32 29.99 05/08/2001 36.42 - 2.207041 MCFADDENt ARTHUR L+ 166.50 129.86 36.64 05/1 0/2001 26.38 ... none 1 .0090.2 MCFADDEN~ CLEORA 93.66 62.44 31.22 05/15/2001 57.52 - 32.0230~ 1 MCFADDEN. LEONARD 141 .43 79~49 61 ~94 04/17/2001 53.19 - none 2.3660.1 MCFADDEN~ LEONARD 1 06~a6 55~6a 26.61 24.57 03/21/2001 50~OO .. none 68.0098.1 MCGIL VERY, BELl N DA 83.29 45~50 37~7g 05/14/2001 32~50 w none 50.2192.1 MCGREGOR, JASON 62~93 35~32 27.61 05/0212001 26.38 - none 31.0748.1 MCKINSEY1 WILLIAM H 11 O~51 70~ 18 40.33 05/11/2001 37.87 - none 46.0558.2 MCKNIGHT. DAN I EL 91.17 47.62 37.61 5.94 04/25/2001 51.07 - 31 .2192~2 MCMILLAN ~ VICKI 98~ 11 43.51 34.18 20~42 2.4500~ 1 MCNETT. DARREN 117 ~85 76.41 41.44 04/18/2001 60.42 - none 5.07a4~ 1 MCPEAKt MIKE & MARl E 140 ~ 43 95~26 45.17 05/10/2001 32.59 - none 69.2282.1 MEFFORD. CLIFFORD 172.92 1 oa~ 60 64~32 04/17/2001 178420 .. none 1.2730.1 MELLEN, AN GELA 157.07 116.77 40~30 OS/23/2001 25.00 - none 19.6604~ 1 MEL TON, MARSHAL 108.27 74.23 34~O4 05/15/2001 35.27 - none 2.1480.1 MERIDIAN SHEL TE RHOME 4 7 4~65 323.40 151.25 04/19/2001 134.38 .. none 52.1090.1 MERIDIAN SPEEDWAY 6t832.94 1 ,254L 16 302~82 51275r96 06/18/2001 1 ,000.00 - none 52.11 00.1 MERJDIAN SPEEDWAY 1 t714.06 197.38 34.04 11482.64 05/15/2001 34.04 w none 51.3780.1 MERRITT, JUDY 72.65 46.39 26.26 04/17/2001 26.50 .. none 21 ~O164.1 METCALF, CHAD 194. 71 135.57 59.14 04118/2001 11 O~94 ... none 21 rOO94.1 METIVJ ER. JAMES 21 O~ 12 26.99 1831 13 11129/2000 40~OO ~ none 50.0554.2 METZGER, M I CHELLE 81.50 46445 35~O5 04/1 8/2001 47.91 .. 20.0066~2 MEYER, BRADLEY 265.80 197429 68~51 05/04/2001 64.68 - 24203041 MEYERt VI RGIN IA 86.14 50~ 76 35.38 04/1 8/2001 46.14 - none 1947124.1 MEYE RS1 TROY & J IMI 126.31 86.65 39.66 04/24/2001 37 ~oo - 4.088841 MICHAEL CAMPBELL CONSTRU( 201 ~ 75 133.68 6B~07 04/1612001 54.12 - none 74~ 1032.1 MICHAELSON, B RADL Y C. 70~54 36.50 34~O4 05/01/2001 37.87 - none 74.3696.1 M1LLER1 GREGORY & ERICA 6a~g 1 31.30 37~61 04/25/2001 62.48 w 31.0538.2 MillER, ROBERT 119.36 83.95 35~41 04/12/2001 19.58 - 51.314641 MILLER~ S & S 65.39 37 ~ 78 27.61 04/12/2001 26~3a - none 32.1108.2 MILNER, BRIAN 96~ 14 69.76 26.38 05116/2001 30421 ... 46.0886.1 MINEGAR. JOHN 82.45 47.54 34.91 05/09/2001 28~ 76 - none 74.3108.2 MOGFORD, DWIGHT 87.55 32.53 55.02 19.1160.1 MOHR B UI LD ERS INC 79.14 52. 76 26~3B 04/17/2001 26.38 - 32.0816.1 MOORE. RICK T. 138.68 92.18 46.50 04/18/2001 71.91 - none 14.4430.2 MOORE. SCOTT & CHR1STY 1 03.92 71 ~33 32.59 05/16/2001 35.05 - 42r 17B4~ 1 MOORE, STEPHEN 77 ~81 43~ 99 33~B2 04/17/2001 32~59 - none 50r0746~3 MORRISON1 MICHAEL 96.82 68.95 27 ~8 7 06/15/2001 10.00 - 7 4.2666~ 1 MOSER, CAROLYN 120.03 59.40 60.63 04/1712001 99~65 ~ none 32.0888.1 MOSER, MATT 1 00 .11 61 ~29 38.82 04/17/2001 34~06 - none 3440500.1 MOURIT$EN, LA YN E 176.53 136~60 39.1 0 ~83 04/0212001 90.92 - none 7443216. 1 MU I Rt GRANT 135.07 77.99 57 ~ 08 04/24/2001 70 ~89 - none 40~OO64.2 MUNSONt CHARLES & ANITA 84~ 12 52r82 31.30 03/23/2001 75.74 .. 34.16B6~ 1 MURPHY, JACK 92~ 73 63~ 75 28.98 05/01/2001 26~3a - none 50.0262~ 1 MURRI t SCOTT 87.97 46.53 41.44 04/25/2001 58.23 w none 32.479041 NAMP NMERIDIAN J RR. DJSTRICl . 243.75 206.61 37114 3~O850.1 NAUMAN, ANDREW . 160.95 111 ~81 49.14 04/17/2001 44.08 - none 50.0196.2 NETTt PAMELA 65.39 37~78 27~61 05/03/2001 26.38 - *** in Msg COlumn indicates no Notice is to be sent CITY OF MERIDIAN Cust No Name 6g~226B.1 NEW LI FE CH RISTIAN CENTER 50.1358r 1 NIBLETT, DEL 31.3582~ 1 NIBLETT t DELB ERT 31.0726.1 NJTZ~ JASON 31 . 2262~ 1 NOLAN ~ ROBERT 50~ 1456.1 NORTHVJEW BUSI NESS CENTEF 50~ 1464.1 NORTHVIEW B US IN ESS CENTEF 50~ 1460.1 NORTHVIEW BUSINESS CENTEF 65.3158.2 NOWLrN, ROB E RT 2.537041 DOOM. SHERRY 72~0258~ 1 OLDS1 TROY 4.09 14~ 1 OLSEN1 H. DEAN 69~2278.2 OUTHET. JOHN & J EN N I F ER 13.2094.2 OVERY, ROBBY 72~0268.1 OW EN. KEN N ETH 33.2320.2 OZUNA~ MARIO 2.255044 PACKt PAUL 65~314841 PAFFUMI. ANGIE 21.211442 PALMERt PAT 32.0638~2 PALMERt PAT 31~3280.1 PALMER. PAT 74.3152.3 PANTALEO, RAYMOND & BETTY 2~ 163041 PARKERt EVERETT 2.2490.2 PATTERSON~ DEENA L 51.0318~3 PAULEN1 BEN 51 ~07 4643 PERKINS, CHARLES 69.0214.1 PERRY, DAN & LORI 33~2308.1 PERRY t DIANNE 55.1500.1 PETRA JNC 15.0024.2 PETTI ER. SEAN 2.3732~3 PHAM~ KlMAN 42.3006.1 PHJLLI PSI DANA 15. 003642 PIERCE~ CHUCK SR~ & MARY 74.0400.1 PfERCE1 SHIELA 74~03g6.1 PIERCE, SHIELA 34~2832.1 PIN E STREET 0 EVELOPMENT 1 9.7400. 1 PIN NACLE HOMES 14.4446.2 PIOCION E~ JOS EPH 1.0316~ 1 PJPCO LLC 50.2034~2 PLANK, REBECCA 22.1344.1 PLOTT, JOHN 69.0522.1 PORTER, DOUGLAS 21 .2604.1 PORTER. RODN EY 21 ~0078.1 POTRIDGEt GAIL 50.2402.1 POWELL, RANDY 35.0398.2 POWERS, PAXTON 31.101 o~ 1 PRADOt RIGOBERTO 2.4930.3 PROCTOR, KRI$TI E 52.1006.1 RAFANELLI & NAHAS 52.1002.1 RAFANELLf & NAHAS 20~ 1952.1 RAMBO~ TIMOTHY 2.25BO~ 1 REED, DEBORAH 50.2390.2 REED , LORETTA 34.1792.1 REED~ PATRICtA 33r2644.1 RH EAO ~ ROBERT ..... in Msg cOlumn indicates no Notice is to be sent (F'... Delinquent Account List... council Standard Payment Customers Current Period~ 06/30/2001 Delinquent Minimum of $ 20.00 compared to Delinquent Barance Balance 139.15 111 ~42 122.85 101 r90 115~55 391 .23 206~35 1.809.02 63.54 153r 16 74.23 92.43 71 ~05 293.37 57.52 223.59 184.32 90.39 74400 1 00.33 182~28 66.41 76. 14 36.38 59.24 81454 1 07.33 85.88 288.17 126.09 107.93 73.84 176.55 52.76 55.22 97.37 103.33 117 . 00 293.70 ao~ 71 149.99 96.28 101.43 1 05.71 117.50 99. 72 89.16 98482 209.22 1.600.48 174.90 132.19 196. 11 223.05 65~23 Non-Delinq 84495 60~ 18 77.13 66~21 69.01 143.25 155.85 460.24 36.69 1 06.26 36.50 63~67 42~29 74.23 28r 76 153. 78 84.51 51451 35424 59.25 gg~06 35.05 50.76 32~86 45~ 16 51 ~82 47.90 68. 72 83424 80.54 45~OB 120~9B 26.38 28.84 70~99 57~52 6a~36 1 06.04 46~67 96~07 61.10 81 .03 61 ~63 65~68 58.02 50~28 72~44 127.78 991.47 124~39 93~35 122.82 149r90 36.4 7 04/30/2001 54~20 51.24 45r 72 31 r44 46.54 129~25 50.50 324r54 26~85 46.90 37~73 28.76 28.76 36~50 28. 76 53.61 34~ 18 38~8B 38.76 41.08 83.22 31.36 25~38 36~38 26.38 36.38 55.51 37473 46~64 42~85 27 ~39 28. 76 55.57 26438 26438 26.38 29.99 34.18 53.02 34.04 53~ 92 35.18 20.40 44.08 51.82 41.70 38.88 26.38 81.44 397.61 50.51 38.84 73.29 73.15 28.76 03/31/2001 4~25 1184 73 225.61 37.87 16.20 65~63 .25 55476 15.82 14.46 53r02 211 ~40 ('n.:.::. 02/28/2001 Last Pmt Date 04/26/2001 04116/2001 04/16/2001 04/17/2001 04/16/2001 05/18/2001 05/18/2001 798.63 06/20/2000 04/1712001 OS/23/2001 04/26/2001 05/03/2001 05/01/2001 144~ 77 06/13/2001 05/11/2001 05/09/2001 04/16/2001 04/20/2001 05/14/2001 06/06/2001 05/03/2001 05/01/2001 05/17/2001 04/09/2001 04/25/2001 04/17/2001 04/17/2001 117 ~05 05/01/2001 OS/23/2001 05/15/2001 05/09/2001 05/15/2001 05/15/2001 04/17/2001 03/21/2001 81.62 01/19/2001 05f15/200 1 05/04/2001 04/23/2001 05/09/2001 05/16/2001 OS/29/2001 04/25/2001 04124/2001 05/15/2001 OS/29/2001 OS/29/2001 04/25/2001 04118/2001 05/03/2001 05/16/2001 05/16/2001 Page: 8 Jun 19,2001 03:19pm Last Pmt Amount Msg 44~08 - none 51.24 - none 43~26 - none BO~OO - none 40.25 - none 129.25 - none 166.90 .. none 69468 - none 40.00 - 37.87 - none 45.53 oM none 28.76 - none 2a~ 76 - 56.50 - 28.76 - none 70.00 - 40425 - none 67~52 M 33~OO - 1 OO~OO .. none 32.59 M 25.38 - none 52.76 .. 26~38 .. 62~ 76 .- 91 ~06 - none 26.00 ~ none 40.25 K 50.00 ... 32r59 ~ none 56.80 - 26.38 - none 26.38 .. none 34~04 << none 70~OO - none 50.64 - 34~04 .. 51.74 ~ none 69.40 - none 50~OO - none 40~25 - none 45.45 - none 45.53 - 32.59 - none 36.38 ~ 85~27 .. none 397~61 - none 44.08 - none 56.01 .. none 57 ~02 - 57.02 - none 28.76 - none (. ( CITY OF MERI DfAN Delinquent Account List- council Page: 9 Standard Payment Customers Jun 19.2001 03:20pm Current Period~ 06/30/2001 Delinquent Minimum of $ 20.00 compared to Delinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Derinq 04/30/2001 03/31/2001 02128/2001 Date Amount Msg 34.0786~ 1 RI LEY ~ MARK 194. 77 119.69 75.08 05/16/2001 57 ~49 ~ none 4241844.1 RIVERA, REGENA 122.53 71.19 51.34 04125/2001 73.33 - none 51.3300.1 ROB ERTS, DAVID 81 ~38 55~OO 26~38 04/17/2001 52.76 - none 35.0027. 1 ROBERTS, GARY 1 02.97 59.03 43.94 05/01/2001 40~25 - 32. 1304~5 ROBJSONt MARLEEN 1 OO~36 66.18 34~ 18 34.1982.1 RODRIGUEZ. RODGER 126. 78 82.62 44. 16 04/24/2001 41.70 - none 35~01 05.2 ROONEY. BRUCE & PAIGE 88.37 50450 37.87 05/14/2001 37~87 ~ 32+0618.2 RORICK, RICHARD 79~58 55.42 24.16 03/13/2001 48.00 - 46.5020.1 ROSS DRESS FOR LESS 147.76 92.08 55~68 52. 1644.1 ROY ENTERPRISES LLC 428~O3 180.83 124.41 122. 79 03109/2001 124.41 - none 51 .31 98~ 1 RYKERt ANITA 42.91 42r91 04/19/2001 12.63 ... none 50~OOgO.1 SABAt VI RG INA 1 01.62 66435 35.27 04/17/2001 68~08 .. none 35.0309~2 SANCHEZ~ RICARDO & LORI 76~O7 41 ~89 34.18 04/19/2001 13~61 .. 74.3710.1 SANDOVAL, WALTER & MIREYA 130.67 28~84 26~3a 26.38 49.07 05/1 0/2001 27.00 - 51. 1129. 1 SANTEE CONSTRUCTJON 163r36 126.36 37.00 04120/2001 364.88 - 34.1 078~2 SAVELBERG. DOYLE 204.98 67.86 39~24 26438 71450 06/08/2001 150.00 - 2.5680.1 SAXTON, CORY 124.42 7 4~23 50.19 04/18/2001 71.91 ... none 22~ 1 068.2 SAXTONi SHELLY D 1 06 ~ 66 70~ 10 36~56 04/20/2001 28~ 76 ~ 74.0382.2 SCHILDHAUER, YOULANDA B6~81 48.94 37.87 04/20/2001 26.38 ~ 34.2122. 1 SCHMIDT, GLEN 147.05 1 07 ~36 39.69 OS/21/2001 50.00 .... none 34.2144.1 SCHRANK, THOMAS A 121 .34 71 .97 49.37 05/14/2001 38~OO - none 4Br 186041 SCHUCKS AUTO SUPPL Y 257.9a 135447 122.51 05/15/2001 122~51 - none 32. 0622~3 SCHUSTER, BILL & LES LI E 235.35 88.23 95~46 49.36 2~30 OS/21/2001 43.23 ... 65~31 08.1 SCOTT, DANNY 97 ~89 52.80 45~09 05/15/2001 38.80 - none 74.3198~ 1 SCOWN. JENNY LEE 73.51 32.37 41.14 05/01/2001 62.28 - none 3. 0676~ 1 SEeD ASSOCIATES INC 248. 12 174.35 73. 77 04/20/2001 1 07~53 M. none 32.1578.1 SELDlN JR. STEVEN 79.36 39.15 40.21 04/18/2001 83.23 - none 34.2784~ 1 SEVER, JASON W 83.1 7 47.90 35~27 04/23/2001 30.21 - none 21 .2904.1 SEVrERlt MrKE 82~ 45 53+69 28.76 04/12/2001 57 .52 ~ none 65.0292~ 1 SHAW, MICHAEL 62.93 35.32 27.61 04/23/2001 26.38 .. none 3143030.1 SHAWVER. SCOTT 131 ~ 14 94.64 36.50 04/16/2001 26.38 ~ none 7 4~O322.2 SHELDON~ PAM 68.49 41 ~44 27405 05/17/2001 30.00 .... 42.2526.1 SHELTROWNt ROGER 138.64 99.62 39~O2 05/02/2001 28.76 - none 74.324241 SHEL TROWNt ROGER 85~ 14 43~80 41.34 05/16/2001 121.31 ... none 22.1832~2 S HI ELDS, CHRrSTEN 53~99 27.61 26.38 05/10/2001 26. 38 ~ 21 .2836.2 SINGLETON 1 ROD N EY 141 ~26 57.60 46.20 34~ 97 2.49 OS/23/2001 40~OO - 2~O426.1 SKEN E~ JAM ES 144~26 82.28 48.60 13438 OS/21/2001 50~OO - none 2.0380~ 1 SKIVER~ WAYNE D 123.33 81 .40 41 ~ 93 04/20/2001 40.70 .... none 31.0134.1 SMITH~ BRADLEY 109.84 64~31 45~53 04/24/2001 41.23 - none 35.0469~2 SMITHt GREGORY 89~32 52+82 36.50 04/16/2001 30.21 - 21.1782~ 1 SMITH. PAUL 93.13 56~57 36.56 05/01/2001 28.76 ow none 50.0012.1 SMJTH~ PAUL H. 98.22 66.21 32.01 05/15/2001 25~OO · none 3143002.2 SMITH, STEVE 115.15 77.42 37.73 04/24/2001 34.04 - 69.0180.1 SN 10 ER~ JERRY 94.94 48~ 70 46124 05/01/2001 41~ 18 - none 21.0248.1 SPENCER, JAN 69.24 32.86 36.38 o 4f 19/2001 52.76 - none 50.1982.1 SPENCER, JOHN 85.91 46~81 39.1 0 04/23/2001 37.87 - none 50.1254~ 1 SPENCERt ROBERT & CAROLL 59424 32+86 26.38 04/1 8/2001 52.76 - none 20.2999.1 $PRlNKLER - BRENDA ESTATES 1 02434 34~O2 68~32 74.1118.1 ST AHL~ VI RGI N IA 50.76 25.38 25.38 04/16/2001 25.38 .. none 3.0844.1 STAMMERJOHN, JIMMY 1 04.89 66.13 38~ 76 04119/2001 57.52 - none 40.0162~ 1 STASTNY, MARK 75.65 41 ~61 30.21 3.83 05/15/2001 30.21 - none 2.1160~ 1 STATES. DION 91.60 55~22 36.38 04/1 8/2001 52.86 - none 19.0274.2 STEINER, LOUIS 183~4 7 127 ~52 41.62 14~33 03/01/2001 90~OO - 22~ 104841 STEI NER~ THURSTON 204.79 110.02 53.11 41 ~66 OS/22/2001 1 06.00 - none 51 .32BO~ 1 STENSON, VIRGINfA 305.59 305.59 none fr"** in Msg COlumn indicates no Notice is to be sent CITY OF MERI DfAN Cust No Name 31.1 ooa~ 1 STILES, MICHAEL 65.0376.2 STOKES. RON 46~0356.1 STOUT, JOANNE 50.3800.1 STUHR, WilLIAM & JOANN 69.0646.1 SUOERMAN~ MARK 69.155B~ 1 SUPNET, THOMAS 31 ~3468. 2 SUTTON III ~ DONALD 46~0628.1 SWARTZ. GUY 22.2290 .1 TAYLOR, DEAN 51.1130~ 1 TAYLOR, LARRY 21 ~ 108441 TEASLEYt RICHARD & LINDA 3.9836.2 TERRACE PLAZA L~ L. C~ 2~ 11 90.1 TERRELL. A 54.0016.1 TH E PLAYGROUND 54.0018.1 TH E PLA YGROUN D 54.0014.1 THE PLAYGROUND 54. 0012~ 1 THE PLA YG ROUN D 22.1 032.1 THOMPSON. REN 50.2110.2 THOMPSON~ RHONDA 33.3698+2 THOMPSON ~ SUEZETTE 22.1 098. 1 THORMAHLEN, SHANNON 32.0640.1 THORNGREN. CURTIS D. 2142732.3 THURB ER, RONALD 2~4BOO~ 1 TODD. JUDY L~ 69.0314.2 TOTMAN t JERRY 21 ~2B14~ 1 TRUCHOT, DARREN & CINDY 42~ 1172~2 TRYON ~ PHIL 42~234843 TUTTLE~ T AMI 51.0302.4 TWOMEY. MATTHEW 74.2876.1 USSERY t TRACY 51 .2996.1 V ALLA~ CAROLYN 22.1052.1 VAN HORN, KEVIN & SAN ORA 42.396B~ 1 VAN HOUTEN. MIKE 21 .1 032. 1 VELADA~ FED ERiCa 33.2578. 1 VERKUYLEN ~ AD 2.186043 VICTORY ~ CH RISTOPH ER 5.0696.1 VIGil, THOMAS 2.4550.1 VINCENT, TOMMY 4.1230.3 VINE~ LINDA 42~0324.1 VIVES, MARK 50.374242 VN UK, JOHN 22.0318~ 1 VOORHEESt MICHAEL 2~4020~ 1 VOSS, RA YMON D L~ 74.2690.2 VUITTONET, JUAN 1.4689.1 VWR SCIENTIFIC PRODUCTS 21.0004.1 WALKER FAMILY TRUST 20~O 126.1 W ALLACE1 CRAIG & KRISTIN E 46~6000.2 W ALMART STORE 01-2862 1 ~3340.1 WALSHt RON 7 4.3426r 1 WARDEN, CAROLYN E 1 ~0460~3 WARDLE. JOHN & CHERYL 50.0636.1 WASHINGTON SQUARE APARTf\ 50.0638.1 WASHINGTON SQUARE APARTf\ 21.2714.1 WATERMANt LORI 7 443052~ 1 WATSON ~ JASON ... in Msg COlumn indicates no Notice is to be sent ( Delinquent Account List- councif Standard Payment Customers Current Period: 06/30/2001 Delinquent Minimum of $ 20.00 compared to Delinquent Balance Balance 153~29 124~84 69.08 59r24 17 4~43 141 ~50 1 00.28 64.00 62.76 73~89 97 ~53 276.36 164~46 241.44 241.44 275.09 608.06 139.58 87.02 584 79 197~89 147 ~02 187~30 1 05.00 53~99 65.32 65.39 1 04.59 84.00 131 .26 394~06 115~04 79.99 82.45 64~ 16 134.20 463r28 132.87 1 02.54 75~62 509.84 83.68 80.37 88.01 204.75 106.82 20141 0 2,26g~ 11 165.69 67.52 1 03.13 596.04 535.77 117 ~22 79.27 Non-Deli nq 92~BO 28.04 40.24 32.86 111 ~20 74~44 53.38 35~24 35.24 45.36 61 r 15 248.82 1 09~23 140~ 16 140~ 16 162~ 16 410r40 58.83 41 . 75 32.86 115r41 96.43 114~ 10 77.20 27.61 35~24 39~01 75r83 47.62 64.32 51 ~23 53~69 36.55 97.72 96~37 6B~36 52.88 189.41 54.92 53.99 59.62 29 . 1 6 56.57 154~46 1 t914.35 41 ~ 14 65~39 393.48 333.21 58.08 42. 71 04/30/2001 60~49 36.38 28~a4 26.38 63.23 67.06 46~90 2B~ 76 27.52 28.53 36.38 27454 55~23 101.28 101.28 112T93 197.66 32.67 45.27 25.93 49489 50~59 43.82 27.80 26.38 29 r 99 26.38 28. 76 36.38 56.94 28~ 76 28.76 27.61 36.48 36~50 34. 18 22.74 86.99 28.76 26.38 28.39 50~25 46.64 354.76 26.38 32~08 202~56 202.56 59 ~ 14 36.56 03/31/2001 34.04 48.08 32.59 2a~ 76 .09 1 0 ~OO 28. 76 41.70 5.66 (:.. 02128/2001 394.06 86.28 463.28 191~74 175.59 165~69 Last Pmt Date 26.38 05/10/2001 02126/2001 04/20/2001 04/16/2001 04/2312001 04117/2001 04117/2001 04/25/2001 05/03/2001 04/06/2001 04/18/2001 OS/22/2001 04117/2001 04/24/2001 04/24/2001 04/24/2001 04/24/2001 04/17/2001 04/25/2001 04/13/2001 05/04/2001 04/12/2001 04/23/2001 05/14/2001 04/23/2001 05/14/2001 04/13/2001 05/01/2001 04/25/2001 05/16/2001 07111 f2000 01124/2001 04/17/2001 04/20/2001 04/12/2001 .62 11/03/2000 05/03/2001 06/14/2001 OS/29/2001 05/0112001 05/04/2001 OS/21/2001 03/16/2001 04/18/2001 04/18/2001 OS/22/2001 1 0/15/1999 04/17/2001 05/01/2001 04/17/2001 05/14/2001 04/18/2001 05/09/2001 Page: 10 Jun 1 9 ~2001 03:21 pm Last Pmt Amount Msg 51~74.. none 52~ 76 - 26.38 - none 26.38 - none 51.74 - none 47~91 - none 90.10- 57~52 - none 30~OO - none 20.57 - 56.59 -- none 96.87 >> 94.89 ~ none 101.28 - none 101.28 - none 249.67 - none 188~a7 .. none 84~25 M none 78~08 .. 26.83 - 83.83 - none 1 02.55 .. none 155.00 - 20400 .. none 26~38 w 28~67 ~ none 26~38 w 28~ 76 .. 52~ 76 .. 67.06 ~ none 24.08 ~ none 44.08 -or none 57~52 - none 61 ~35 - none 31 ~g2 ~ none 88.34 - none 30.21 - none 22~ 78 ~ none 86.99 - 28. 76 - none 26.38 - none 30.00 - 117.00 ~ none 84433 ... none 71 ~g1 ~ none 2,451 .1 9 ~ 191.33 - ***none 52.76 - 25.00 - 202.56 ~ none 202.56 .. none 74.90 - none 36.42 - none /:.~ (" ( CITY OF M ER1D1AN Delinquent Account List- council Page: 11 Standard Payment Customers J un 19.2001 03: 22pm Curren t Period: 06/30/2001 Delinquent Minimum of $ 20.00 compared to Delinquent Bafance Last Pmt Last Pmt Cust No Name Balance Non~Delinq 04/30/2001 03/31/2001 02128/2001 Date Amount Msg 31 ~2230.1 WATTERS1 TAMI 124.14 50.14 43.82 30. 18 04/18/2001 35~OO .. none 33.3654.1 WATTS~ WESLEY 67~85 40.24 27.61 05/02/2001 26~38 - none 2.6080.1 WEBB~ GERALD 11 0.88 80.89 29~99 04/17/2001 56.28 - none 34~O350.2 WEBB~ TYLER 179.79 131 .88 47491 04/23/2001 44.08 - 7 4~3544~2 WEBBER~ DAVID 67.68 31 .30 36~38 04/26/2001 56.59 - 22~O946.1 WEBSTER, RICHARD & KATHY 142.75 94.84 45~31 2~60 OS/22/2001 45.31 .. none 31 .3332~ 1 WENTZ, DANIEL R 1 01.06 73~45 27.61 05/01/2001 30~21 .. none 51 .3098.3 WERRY, GREY$ON 126.32 30.97 95.35 04/20/2001 90~OO - 51 ~ 1172r 1 WES WORCESTER 385.78 209.30 176~48 04/06/2001 304.40 - 51 . 1134.1 WES WORCESTER 1 05.08 23.36 16.88 16~88 47496 12/04/2000 12.96 - 42.2284.1 WEST8Y~ KENNETH & LAURETT 80~27 4 7 ~68 32.59 05/01/2001 28.76 - none 75.0500.2 WESTERN ELECTRONICS 2~5g5.06 1.957.03 222.08 233.58 182.37 31.3322~ 1 WESTON, DECKER 285.96 146.22 139.74 06/01/2001 122.13 ... none 46.0326~2 WHEELER, ETHAN 68~ 13 37 r92 30.21 04/20/2001 30.21 - 22.1256~ 1 W HJTE, JAMES & LORI 126.64 93r83 32.81 03/26/2001 98.72 - none 42.3114~ 1 WIER. MONICA 66.72 37 r 70 29.02 04/11/2001 26.00 - none 52.0262.1 WJLD SHAMROCK LLP 1,047.30 422.94 312.18 312.18 05/01/2001 319~84 ~ none 13.2032.2 WILLIAM TYDI NGS 144.44 75.74 40.33 24~54 3.83 04117/2001 24~54 M 20.1660.3 WJLLIAMS~ MIKE 142.89 97.72 45.17 04117/2001 40.25 ~ 22.1354.1 WILLIAMSt TE RRI 203.89 125.48 78.41 04116/2001 145.61 ... none 33.3662.1 WILSONt RANDY 85.91 48.04 37~87 04/1612001 71.91 - none 5044490.3 WINTERSt BRIAN 59.24 32.86 26~38 04/12/2001 54.35 .. 4.0896~ 1 WITHERELLt ROBERT 89.14 52. 76 36~38 04/19/2001 52. 76 ~ none 33.2358.2 WOLI N t DALE & LOJS 113.25 69.09 44.16 05/14/2001 37.87 - 6940778.1 WOOD, BRADLEY 77.20 48.44 28.76 05/01/2001 28. 76 - none 3143518.1 WOODt BRETT & JENNIFER 112.02 71 .55 40~4 7 04/1712001 34.04 ~ none 4~ 1560~ 1 WOOD, JONA THAN 136.32 98.67 37.65 04/26/2001 32.59 .. none 32~4801 .1 WOODBRIDGE COMMUNITY LLC 2,259490 1 ,717.20 542.70 13~2072.1 WOODHOUSE. PETER 1214 72 74.07 47.65 04/1 8/2001 72.84 - none 31 ~3344.1 WOODRUFF t NOEL R 185499 87.24 46.32 38.60 13~63 06/08/2001 .31 - none 22.1518~ 1 WQOSLEYt JAMES 128~31 96~O7 32.24 OS/29/2001 40~OO - none 1 ~ 1000.2 WRIGHT. BRANDON 81 ~60 55.22 26.38 OS/22/2001 26~3B - 4r 1254.2 WURT ~ TIM & JENNI FER 129~36 89~ 11 40.25 04/12/2001 B4~33 - 33~23B2.5 Y AMAMOTO~ KRISrrNE 121 .86 74401 4 7 ~85 05/16/2001 49~36 M 34.2766~ 1 YOUNGt TOM 102487 58471 44.16 04/20/2001 91404 - none 50.2338~2 YOUNGER. RUSSELL 74484 40466 34r 18 34. 284 2~ 1 ZASPELt TI MOTHY & 0 EBRA 89.99 63.61 26.38 05/0212001 26~3B - none 51.311 O~2 ZEIMERt DALLEN E 7 4~84 40~66 34.18 04/13/2001 52~ 76 - 51.3320~ 1 ZIMMER~ TIMOTHY P g3~68 63~61 30~O7 04/25/2001 9~ 16 ~ none Grand Totals: 113t94g~36 59,290~O8 32~339.89 6.510.83 15~808.56 Report Criteria: Terminated customers not included Customer~Cust No = {<} 9900000 .-. in Msg COlumn indicates no Notice is to be sent (:.:.....:. : zL LL N -~ : ~ ~ ~l .... 0 ~J ::JD::I ~ ~ .. :/~~ ...J ..J <( <( :J U :ij: I- U) ~ u: . _: :III.~ . . ~ ..~.~. B 9 B1 z ~ :J 0 ~ 8 ~ o ~ ... ... l-- ...J !z t3 ~ W t.n ~ u: =; %. ;. ~ 1.- ill..:.:.. . ~ :' . ~ . >. ~ . ill III . ~ ~ 9 S? .. r:; ~ ~~ !&W~ '~.~ ._~ ~ . . ~ :JlIB I... J o .,~:~ ,.., ~ m,] ~ .. ~ IIIII!III-.~: !!!I~ ...J...J I"- ~ &5 <( <C N N ~ ::l t) ~ : t- rJJ ~ u: . ~ ~1 iRi. ..J ~ o. €!1 . .. ~ ,. ~. . .. 8 ~ I -, o ~ / . .q. ~,. ~cr; ~ <i r.: ~ ~ z U :tt: t W rn ;: u: tSl];; J! 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Primeland Development Company 1111 S Orchard, Suite 155 Boise, ID 83705 385.. 731 0 Fax: 385-7373 May 31 , 200 1 RECEIVED JUN - 5 2001 CITY OF MERIDIAN City of Meridian Attn: City Council Members 33 East Idaho Meridian, ID 83642 RE: White Drain Sewer Trunk Line- Bridgetower Crossing Dear Council Members, This letter is regarding the White Drain Sewer Trunk Easement proposed within the Bridgetower Crossing project Comments have been Inade by members of your staff that Mr. Bews and I have been delaying the design and construction of the White Drain Sewer Trunk. We would like to set the record straight by expressing our desire to grant the easelnent through OUf property upon its satisfactory presentation to us. We would like to emphasize our past and current cooperation with your Public Works Department Mr. Bews initiated and completed the design and construction of the first section of the trunk line through the Ten Mile Mini Storage parcel and north for an additional quarter mile on Ten Mile Road. This was cOlnpleted by February 200 1 , We believe we have Inade effort to facilitate the easement process by providing an electronic copy of the roadway network and lot configuration of our project to your .Public Works Department in January. We also provided a legal description of the sewer Inain location to Mr. Sluith on March 3 to facilitate the drafting of the easement dOClllnent We again requested verbally on .May 15 that the City draft the easelnent that traverses the .Bridgetower Crossing project. On .May 31,200'1, approxinlately 3 weeks after OUf verbal request of May 15, a written request was sent to your staff~ Please see the copy enclosed. To this date we have not received any easelnent doculnentation or written correspondence on this easelnent. V.le have no desire to delay the design and construction of the White Drain Trunk~ If the Public Works .Departlnent will provide the easelnent dOClunent, we wjlI sign it in an expeditious manner. We are also willing to work with Public Works in perfonning the actual construction of the first half mile of the sewer trunk line~ if the City sees this as expeditious to the process~ We appreciate your tilne and attention in this matter and look forward to working with the City of Meridian in providing the White .Drain Sewer Trunk easelnents. Sincerely, A. cc. Gary Slnith, Public Works Director